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Home My Public Portal AboutPRR 23-2927PUBLIC RECORDS ALLIUM DATA 1919 14TH ST STE 700 BOULDER, CO 80302-5482 ..*` --AUTO-MIXED AADC 150 PL2 T9 P1 S3887 THE CITY OF GULF STREAM 100 SEA RD GULF STREAM FL 33483-7427 �I�IIIJ1�1�1111111111��1111��1�1��111�11��111'1Jill Jill 1111 2/7/2023 Dear Public Records Department: Please consider this letter as a public records request as defined under the laws applicable to your jurisdiction. We are requesting: 1. A copy of the last property & casualty insurance renewal summary for all lines of insurance purchased by the city (general liability, auto, workers comp, professional, directors and officers, etc.). This document summarizes the insurance terms, limits, deductibles, premium and exclusions. 2. A copy of the last employee benefits insurance renewal summary for health, dental and vision plans sponsored by the city. This document shows plan options available to the city's employees and the pricing for employee, employee plus spouse, employee plus family. Please respond with PDF versions of the requested documents or any questions you may have to the following email address; publicrecords@alliumdata.com Thank you, Allium Data TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via a -mail March 6, 2023 Allium Data [mail to: publicrecords(&alliumdata.com] Re: GS #2927 (Insurances) Please consider this letter as a public records request as defined under the laws applicable to your jurisdiction. We are requesting: 1. A copy of the last property & castualty insurance renewal summary for all lines of insurance purchased by the city (general liability, auto, workers comp, professional, directos and officers, etc.). This document summarizes the insurance terms, limits, deductibles, premium and exclusions. 2. A copy of the last employee benefits insurance renewal summary for health, dental, and vision plans sponsored by the city. This document shows plan options available to the city's employees and the pricing for employee, employee plus spouse, employee plus family. Dear Allium Data [mail to: publicrecords(a�alliumdata.com]: The Town of Gulf Stream has received your public records request dated February 7, 2023. You should be able to view your original request and response at the following link: PRR 23-2927 (laserfiche.com) We consider this request closed. Sincerely, tr� "0CR( Renee R. Basel, CMC Town Clerk, Custodian of the Records Town of Gulf Stream Executive Summary Effective Date: October 1, 2022 Current GEHRING GROUP A RISK STRATEGIES COMPANY Renewal Medical HMO Plan Lives* Employee EE/Pay (26) Employer Total Florida Blue SimplyBlue HMO 22903 Employee EE/Pay (26) Employer Total Florida Blue SimplyBlue HMO 22903 Employee Only 0 $0.00 $0.00 $562.66 $562.66 Employee + Spouse 0 $0.00 $0.00 $1,125.31 $1,125.31 Employee + Child(ren) 0 Not Offered $0.00 $0.00 $1,040.91 $1,040.91 Employee + Family 0 $0.00 $0.00 $1,603.57 $1,603.57 Medical HMO Plan Florida Blue BlueCare HMO 14256 Florida Blue BlueCare HMO 14256 Employee Only 0 $0.00 $0.00 $911.97 $911.97 $0.00 $0.00 $948.64 $948.64 Employee + Spouse 0 $637.51 $294.24 $1,186.43 $1,823.94 $397.28 $183.36 $1,500.00 $1,897.28 Employee + Child(ren) 0 $500.71 $231.10 $1,186.43 $1,687.14 $254.98 $117.68 $1,500.00 $1,754.98 Employee + Family 1 $1,412.68 $652.01 $1,186.43 $2,599.11 $1,203.62 $555.52 $1,500.00 $2,703.62 Medical PPO Plan Florida Blue BlueOptions PPO 14001 Florida Blue BlueOptions PPO 14001 Employee Only 17 $0.00 $0.00 $1,186.43 $1,186.43 $0.00 $0.00 $1,221.59 $1,221.59 Employee + Spouse 0 $1,186.43 $547.58 $1,186.43 $2,372.86 $1,221.59 $563.81 $1,221.59 $2,443.18 Employee + Child(ren) 0 $1,008.47 $465.45 $1,186.43 $2,194.90 $1,038.36 $479.24 $1,221.59 $2,259.95 Employee + Family 0 $2,194.90 $1,013.03 $1,186.43 $3,381.33 $2,259.95 $1,043.05 $1,221.59 $3,481.54 Annual Total 18 $16,952 $256,269 $273,221 $14,443 $267,204 $281,648 $ increase/Decrease -$2,509 $10,935 $8,427 % Increase/Decrease -14.8% 4.3% 3.1% Dental PPO Guardian DPPO Guardian DPPO Employee Only 7 $0.00 $0.00 $28.37 $28.37 $0.00 $0.00 $28.37 $28.37 Employee + Spouse 5 $0.00 $0.00 $56.75 $56.75 $0.00 $0.00 $56.75 $56.75 Employee + Child(ren) 0 $0.00 $0.00 $73.79 $73.79 $0.00 $0.00 $73.79 $73.79 Employee + Family 8 $0.00 $0.00 $100.62 $100.62 $0.00 $0.00 $100.62 $100.62 Annual Total 20 $0 $15,448 $15,448 $0 $15,448 $15,448 $Increase/Decrease $0 $0 $0 % Increase/Decrease 0.0% 0.0% 0.0% Vision Humana Vision 130 Humana Vision 130 Employee Only 6 $0.00 $0.00 $4.92 $4.92 $0.00 $0.00 $4.92 $4.92 Employee + Spouse 5 $0.00 $0.00 $9.83 $9.83 $0.00 $0.00 $9.83 $9.83 Employee + Child(ren) 1 $0.00 $0.00 $9.34 $9.34 $0.00 $0.00 $9.34 $9.34 Employee + Family 8 $0.00 $0.00 $14.68 $14.68 $0.00 $0.00 $14.68 $14.68 Annual Total 20 $0 $2,465 $2,465 $0 $2,465 $2,465 $Increase/Decrease $0 $0 $0 % Increase/Decrease 0.0% 0.0% 0.0% Basic Life and AD&D The Standard The Standard Estimated Volume N/A N/A $940,000 $940,000 N/A N/A $940,000 $940,000 Basic Life Rate/$1,000 $0.000 $0.000 $0.535 $0.535 $0.000 $0.000 $0.535 $0.535 AD&D Rate/$1,000 $0.000 $0.000 $0.035 $0.035 $0.000 $0.000 $0.035 $0.035 Total Rate/$1,000 $0.000 $0.000 $0.570 $0.570 $0.000 $0.000 $0.570 $0.570, Spouse & Child Dep Life $0.000 $0.000 $39 $39 $0.000 $0.000 $39 $39 Annual Total 20 $0 $6,902 $6,902 $0 $6,902 $6,902 $Increase/Decrease $0 $0 $0 % Increase/Decrease 0.0% 0.0% 0.0% Employee Assistance Program Center for Family Services Center for Family Services EAP Monthly Program Fee $0 $50 $50 $0 $50 $50 Annual Total $0 $600 $600 $0 $600 $600 $Increase/Decrease $0 $0 $0 % Increase/Decrease 0.0% 0.0% 0.0% HRA Administration Fees Chard Snyder Chard Snyder HRA PEPM $0.00 $4.75 $4.75 $0.00 $4.75 $4.75 Annual Total $0 $1,200 $1,200 $0 $1,500 $1,500 $Increase/Decrease $0 $300 $300 % Increase/Decrease 0.0% 25.0% 25.090 COMBINED ANNUAL TOTAL $16,952 N/A $282,884 $299,836 $14,443 N/A $294,119 $308,563 $ Increase/Decrease -$2,509 $11,235 $8,727 % Increase/Decrease -14.8% 4.0% 2.9% Lives from August invoices FLORIDA MUNICIPAL INSURANCE TRUST PROPERTY AND ALLIED LINES CHANGE ENDORSEMENT THIS ENDORSEMENT FORMS A PART OF THE AGREEMENT NUMBERED BELOW: MEMBER'S NAME AND MAILING ADDRESS FMIT NUMBER COVERAGE PERIOD Town of Gulf Stream 100 Sea Road Gulf Stream, FL 33483 FMIT #0228 October 1, 2022 to October 1, 2023 IT IS HEREBY NOTED AND AGREED THAT THE FOLLOWING CHANGES ARE MADE: CHANGES Effective October 1, 2022 FMIT PROP 03 1021, Coverage Extension 5.s. limit is amended to $250,000 in lieu of $100,000. Non Premium Bearing Endorsement ADDITIONAL RETURN PREMIUM $0 $0 THE ADDITIONAL/RETURN PREMIUM IS INCLUDED IN THE ATTACHED BILLING INVOICE ENDORSEMENT #: INITIALS: SFAHEY DATE: 01 /25/2023 PROP -END 1007 Property Schedule Town of Gulf Stream, FMIT #0228 October 1, 2022 - October 1, 2023 Location # Loc Bid Address Cause of Loss - Building Limit Occupancy Cause of Loss - Personal Property Limit Construction Type 001 001 246 Sea Road Gulf Stream, FL Police Station Building Joisted Masonry Special Form $350,747 Special Form $53,844 001 002 246 Sea Road Gulf Stream, FL Light (2): Parking: Decorative: Steel Non -Combustible Special Form $5,450 $0 001 003 246 Sea Road Gulf Stream, FL Flood Lights (4 Unit) Non -Combustible Special Form $3,657 $0 001 004 246 Sea Road Gulf Stream, FL Auxilary Generator (Gas) Non -Combustible Special Form $28,994 $0 002 001 4000 County Road Gulf Stream, FL Storage Building Joisted Masonry Special Form $127,500 Special Form $44,323 002 003 4000 County Road Gulf Stream, FL Glasteel 11 Storage Tank, Monitoring Non -Combustible System & Suction Pump Special Form $95,386 $0 002 004 4000 County Road Gulf Stream, FL Light (1): Pathway: Concrete, 20 ft. Masonry Non -Combustible Special Form $3,500 $0 002 005 4000 County Road Gulf Stream, FL Auxiliary Generator (Diesel) Non -Combustible Special Form $59,187 $0 003 001 2900 Plade Au Soleil Gulf Stream, FL Guard House Frame Special Form $34,101 $0 003 002 2900 Plade Au Soleil Gulf Stream, FL Flood Lights (2 Unit) Non -Combustible Special Form $2,136 $0 003 003 2900 Plade Au Soleil Gulf Stream, FL Flagpole: 20 ft: Aluminum Non -Combustible Special Form $2,289 $0 003 004 2900 Plade Au Soleil Gulf Stream, FL Place Au Soleil Entrance Monument Masonry Non -Combustible Special Form $10,000 $0 003 005 2900 Plade Au Soleil Gulf Stream, FL Stone Sign Flag Pole Base at Guard Masonry House Non -Combustible Special Form $5,000 $0 004 001 100 Sea Road Guff Stream, FL Town Hall Joisted Masonry Special Form $632,431 Special Form $95,295 004 002 100 Sea Road Gulf Stream, FL Light (7): Parking: Steel Non -Combustible Special Form $19,075 $0 004 003 100 Sea Road Gulf Stream, FL Flagpole: 40 ft Aluminum Non -Combustible Special Form $3,325 $0 004 004 100 Sea Road Gulf Stream, FL Flood Lights (4 Unit) Non -Combustible Special Form $3,657 $0 004 005 100 Sea Road Gulf Stream, FL Town Hall Fountain Non -Combustible Special Form $10,000 $0 005 001 Corner of AtA and North County Road Gulf Town Monument Masonry Stream, FL Non -Combustible Special Form $7,000 $0 006 001 Comer of Al and Sea Road Gulf Stream, FL Town Monument Masonry Non -Combustible Special Form $7,000 $0 007 001 925 North Ocean Boulevard Gulf Stream, FL Town Monument Masonry Non -Combustible Special Form $7,000 $0 PR-SCHED 1014 Page 1 of 2 Property Schedule Town of Gulf Stream, FMIT #0228 October 1, 2022 - October 1, 2023 Location # Address Occupancy Construction Type Loc Bid Cause of Loss - Building Limit Cause of Loss - Personal Property Limit 008 001 Corner of Avenue au Soleil and Federal Highway Gulf Stream, FL Special Form Total Backflow Preventer/Double Check Valve $42,175 $0 $1A59,610 $193,462 Non -Combustible PR-SCHED 1014 Page 2 of 2 Miscellaneous Schedule of Inland Marine 1. All Watercraft 2. Scheduled items over $25,000 3. Unscheduled Inland Marine. Maximum limit is $1,000,000 per Agreement period. Including: a. Communication Equipment b. Emergency Service Portable Equipment c. Miscellaneous Inland Marine Equipment $25,000 or less. d. Non -Owned Inland Marine Equipment - Rented, Leased, Borrowed: Limit: $50,000 annual aggregate. # Limit Description *AV *"Deductible 1 Blanket Inland Marine $500 * "Yes" denotes loss valuation and limit basis is Optional Agreed Value (AV); otherwise, loss valuation and limit apply pursuant to standard terms. **Deductible for items valued greater than $100,000 is either the listed amount or 2% of the limit, whichever is greater. FMIT IM SCH 1021 Page 1 of 1 I. DESIGNATED MEMBER: FLORIDA LEAGUE OF CITIES SPONSORED INSURANCE PROGRAMS DECLARATIONS Town of Gulf Stream Address: 100 Sea Road Gulf Stream, FL 33483 II. COVERAGE PERIOD From October 1, 2022 to October 1, 2023 12:01 A.M. Standard Time at the address of the Designated Member. III. AGREEMENT NUMBER Florida Municipal Insurance Trust (FMIT) FM IT #0228 IV. COVERAGES INCLUDED General Liability Breach Response & Cyber Liability Automobile Property Workers' Compensation V. ESTIMATED ANNUAL PREMIUM Normal Expense Incentive Net Premium Constant Credit Premium $252,368 $160 $(8,184) $244,344 Signature of Authorized Representative October 1, 2022 Date FLORIDA MUNICIPAL INSURANCE TRUST GENERAL/PROFESSIONAL LIABILITY COVERAGE AGREEMENT DECLARATIONS I. DESIGNATED MEMBER Town of Gulf Stream II. GOVERNMENT DESCRIPTION Municipality Agreement No.: FMIT #0228 Ill. COVERAGE PERIOD From October 1, 2022 to October 1, 2023 12:01 A.M. Standard Time at the address of the Designated Member. IV. General/Professional Liability Payroll: 1. General Liability a. Broad Form Property Damage b. Extra Contractual Legal Expense c. Fire Legal Liability d. Medical Attendants'/Medical Directors' Malpractice Liability 2. Errors and Omissions Liability a. Employment Practices Liability b. Employee Benefits Program Administration Liability 3. Law Enforcement Full Time with Arrest Powers: Premium Deductible/ Net Basis Type Limit Premium $0 $5,000,000 $178,589 837,159 $0 Per Form Included N/A Per Form Included $0 Per Form Included $0 $5,000,000 Included $0 $5,000,000 Included $0 $5,000,000 Included $0 $5,000,000 Included $0 $5,000,000 Included 13 V. This agreement includes these endorsements and schedules: See Schedule A VI. ESTIMATED ANNUAL PREMIUM Florida Municipal Insurance Trust (FMIT) Normal Premium $178,589 Florida League of Cities Sponsored Insurance Programs Since 1977 THIS DECLARATIONS AND THE SUPPLEMENTAL DECLARATIONS, TOGETHER WITH THE COMMON CONDITIONS, COVERAGE FORM(S) AND ENDORSEMENTS COMPLETE THE ABOVE NUMBERED AGREEMENT. FMIT GL DEC 1022 Page 1 of 2 FMIT GENERAUPROFESSIONAL LIABILITY COVERAGES October 1, 2022 - October 1, 2023 Scheduled Coverage Forms List FMIT #0228 Schedule A Form # Description FMIT COND 1019 Conditions of Coverage FMIT CA 1021 Coverage Agreement FMIT BFPD 1022 Broad Form Property Damage Endorsement FMIT ECLE 1021 Extra Contractual Legal Expense Endorsement FMIT FLL 1012 Fire Legal Liability Endorsement FMIT MA 1018 Medical Attendants' / Medical Directors' Malpractice Liability Endorsement FMIT EO 1022 Errors and Omissions Liability Endorsement FMIT LE 1018 Law Enforcement Liability Endorsement FMIT IC BHA 1021 Inverse Condemnation and Bert J. Harris Jr. Private Property Rights Protection Act FMIT SE GL 1021 Specific Excess Endorsement - General Liability FMIT CIE 1011 Crisis Intervention Expense Endorsement FMIT SBU 1021 Sewerline Backup and Initial Cleanup Expense FMIT GL DEC 1022 Page 2 of 2 FLORIDA MUNICIPAL INSURANCE TRUST CONDITIONS OF COVERAGE As a Member of the Florida Municipal Insurance Trust, Member agrees to abide by all requirements, terms and conditions authorized by, and set forth within, the Agreement and Declaration of Trust creating the Trust, including the following generally applicable conditions of coverage: CONDITIONS A. The Member agrees in the event of payment of any loss by the Trust on behalf of the Member, the Trust shall be subrogated to the extent of such payment to all the rights of the Member against any party or other entity legally responsible for damages resulting from said loss, and in such event, the Member hereby agrees, on behalf of itself, its officers, employees, and agents to cooperate with and otherwise assist the Trust as may be necessary to effect any recovery sought by the Trust pursuant to such subrogated rights and to do nothing that will impair the rights of the Trust herein described. The Member further agrees, the Trust shall control all aspects of subrogation recovery efforts. In its discretion, the Trust may seek recovery of the applicable Member deductible or self -insured retention and in such event, will return to the Member the proportionate amount of the Member deductible or self -retention, less the proportionate amount of attorney's fees and related costs incurred by the Trust to effect the recovery. B. The Member agrees the Board of Trustees, its Administrator, and any of their other agents, servants, employees or attorneys, shall be permitted at all reasonable times and upon reasonable notice to inspect the property, work places, plants, works, machinery and appliances covered pursuant to this Agreement or any other agreement, certificate, document, or other instrument executed by the Member and the Trust pursuant to this Agreement, and shall be permitted at all reasonable times while the Member participates in the Trust, to examine the Members' books, vouchers, contracts, documents and records of any and every kind which show or tend to show or verify any loss that may be paid or may have been paid by the Trust on behalf of the Member pursuant to this Agreement, or any other agreement, certificate, document, or other instrument executed by the Member and the Trust pursuant to this Agreement, or which show or verify the accuracy of any contribution which is paid or payable by the Member pursuant to the terms of this Agreement, or any other agreement, certification, document or any other instrument executed by the Trust and the Member pursuant to this Agreement. The Member further agrees that in the event of a significant loss occurrence affecting insured property or premises, FM IT or its agents are expressly authorized to enter the insured property and premises to perform loss assessment, adjustment and related activities. However, neither the Trust, its Board of Trustees, its Administrator, nor any of their agents, servants or employees will have any liability to the Member or others because of any inspection or failure to inspect. C. The Member shall make prompt payment of all contributions as required by the Board of Trustees, said contributions to be determined by said Board. Contribution requirements may be estimated based on Member -provided information and subject to change pursuant to final audit. The Member shall fully cooperate with auditors of the Trust to promptly determine final audited contributions_ Any disputes concerning contributions shall be resolved after payment. Any objections concerning the final FMIT COND 1019 Page 1 of 3 audited contribution shall be filed within 60 days of billing of the final audited contributions. After that time, the final audited contribution amount shall be considered final. D. Members' duties after loss: 1. give the Trust prompt written notice of any accident, occurrence or potential claim along with all relevant information concerning the claim. The Member shall have a continuing duty to provide to the Trust all relevant information promptly as the Member becomes aware of such information; and 2. cooperate fully with the Trust in defense or settlement of claims or opposition to claims bills, and in the enforcement of any right of contribution or indemnity; and 3. forward to the Trust every notice, demand, summons or other process served upon the Member relating to any occurrence, and take no further action concerning the occurrence without the approval of the Trust or the servicing agent; and 4. take reasonable steps to prevent additional or cumulative bodily injury, personal injury or property damage from or arising out of the same or similar conditions or circumstances; and 5. not engage in settlement negotiations as to any claim or suit, and the Trust shall have no obligation to pay the amount of any settlement negotiated or agreed upon by a Member without prior written approval by the Trust or the servicing agent; and 6. agree to take all reasonable actions, where appropriate, which shall facilitate settlement of claims; and 7. agree to responsible counsel selected by the Trust to defend the claim and agree not to use the City Attorney or any other in-house or contract attorney used ordinarily by the Designated Member as general counsel to its operations to defend said action, unless otherwise provided in this Trust Agreement; and B. keep all bills, receipts and related documents that establish the amount of loss; and 9. furnish a complete inventory of the lost, damaged and destroyed property, showing in detail the quantity and amount of loss claimed under the valuation provision of the Coverage Agreement; and 10. promptly separate the damaged property from the undamaged property, and keep it in the best possible order for examination; and 11. take all reasonable steps to protect the covered property from further damage; and 12. give notice of such loss to the proper authorities if the loss may be due to a violation of the law; and 13. refrain from any intentional efforts (whether by statements, actions or agreements) than (1) harm, undermine, injure or conflict with the known legal strategy put forth by the Trust; (2) that are against the Member's self- interest or the interest of the Trust; (3) that are contrary to the Member's pecuniary or proprietary interest, or that of the Trust; or (4) that tend to subject the Member or the Trust to liability or expand existing liability; E. Transfer of Member's rights and duties under this Agreement. Members' rights and duties under this Agreement may not be transferred without our written consent. This applies to all coverages under this Agreement or any that may be added after the effective date of this Agreement. Should the Members' rights and duties be transferred to a legal representative, they may act FMIT COND 1019 Page 2 of 3 only within their scope of duties with regard to this Agreement. Until your legal representative is appointed, anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. F. Required Member contributions shall be in addition to the deductible amount, if any, as set forth in the declarations to the Coverage Agreement. Where such deductible amount is required, coverages arising under this Agreement shall be in excess of such deductible. The Trust may pay on behalf of the Member all or any portion of the deductible amount and upon notification by the Trust of such payment, the Member shall promptly reimburse the Trust for any portion of the deductible the Trust has paid. G. In the event any claim or suit results in liability against the Member for which there is coverage under this Agreement and which is reasonably likely to be submitted to, or is submitted to, the legislative claims bill process in the Florida Legislature, the Member agrees, on behalf of itself, its officers, employees, and agents, that the Trust shall have the right to control its representation in such matter before the legislative branch of the state government. Further, the Member agrees to execute and deliver such instruments and papers as required by the Trust, to cooperate with any attorney or other representative retained by the Trust, to provide relevant testimony if required by the Trust, to do whatever else is reasonably necessary in the interest of defending such claim or suit in the legislative claims bill process and to do nothing that will impair or conflict with the rights of the Trust herein described. Additionally, the Member shall refrain from any intentional efforts (whether by statements, actions or agreements) that harm, undermine, injure or conflict with the known legal or legislative defense strategy being put forth by the Trust, that are against the Member's self-interest, that are contrary to the Member's pecuniary or proprietary interest, or that of the Trust, or that tend to subject the Member or the Trust to liability or expand existing liability. H. The Member agrees that in the event of any legal issue between the Trust and any Member requiring disposition by a court of law, including any determinations of whether and/or the extent to which coverage exists, this Agreement, or any other agreement, certificate, document, or other instrument executed by the Trust and the Member pursuant to this Agreement, shall be deemed to have been made in Orange County, Florida and venue shall lie in the appropriate state or federal courts of Orange County, Florida. FMIT COND 1019 Page 3 of 3 FLORIDA MUNICIPAL INSURANCE TRUST COVERAGE AGREEMENT APPLICABLE TO: GENERAUPROFESSIONAL LIABILITY AND AUTOMOBILE COVERAGE In consideration of the Designated Member's payment of the required contributions and the covenants and terms set forth in (a) the Conditions of Coverage, (b) the Member's Application for Participation including the statements and representations contained therein, (c) the Declarations and (d) the Coverage Agreement including coverage endorsements, terms, conditions, limits of liability, exclusions and other provisions thereof (a, b, c, and d hereinafter collectively forming and referred to as the "Coverage Agreement"), the Florida Municipal Insurance Trust (hereinafter the "Trust") hereby enters this Coverage Agreement with the Member as follows: COVERAGE The Trust will pay all sums which a Member becomes legally obligated to pay as Damages because of: Bodily Injury Property Damage Personal Injury, or Advertising Injury to which this Coverage Agreement and any endorsements thereto apply if caused by an Occurrence which takes place during the coverage period of this Coverage Agreement. As a pre -requisite to any coverage provided by the Trust under this Coverage Agreement, the Member expressly agrees to each of the Conditions contained in the Conditions of Coverage provided with this Coverage Agreement, along with the provisions of the Coverage Agreement and Declaration of Trust creating the Florida Municipal Insurance Trust and any rules, policies and procedures adopted by the Trust, which shall be deemed part of this Coverage Agreement, whether expressly restated herein or not. LIMIT OF LIABILITY A. Regardless of the number of (1) Members covered by this Coverage Agreement, (2) persons or organizations who sustain injury or damage, or (3) Claims made or Suits brought because of bodily injury, property damage, personal injury or advertising injury, the liability of the Trust is limited as follows: The most the Trust will pay for each covered Occurrence including, but not limited to, Damages, damage awards for derivative claims, taxable costs, claimant attorney's fees, and prejudgment or post -judgment interest, shall not exceed the sum shown in Declarations under the column referred to as "Limit" beside the respective line of coverage the Trust applies to the given Occurrence, when such line of coverage is part of the Designated Member's Coverage Agreement, subject to any further coverage restriction or limitation whose application is described with greater specificity elsewhere within the Coverage Agreement or the applicable endorsement. Unless otherwise specified, the costs and expenses necessary to investigate and defend any Claim or Suit to which this Coverage Agreement applies shall not reduce the Limit of Liability. For the purpose of determining the limit of the Trust's liability, all Damages arising out of continuous or repeated exposure to substantially the same general conditions shall be considered as arising out of one Occurrence, as that term is defined herein. FMIT CA 1021 Page 1 of 20 B. Limit of Liability for Sexual Abuse. The most the Trust will pay for all Claims or Suits alleging Sexual Abuse or Sexual Action and related Damages shall not exceed a limit of $3,000,000 in the aggregate per Trust coverage year. DEFENSE AND SETTLEMENT The Trust will settle or defend, as it considers appropriate, any Claim or Suit demanding Damages covered by this Coverage Agreement. The Trust will defend any Suit against a Member which alleges a Claim for Damages covered by this Coverage Agreement even if such Suit is eventually found groundless, false or fraudulent. However, the Trust has no duty to defend or indemnify a Member in any Claim or Suit which alleges facts excluded or not covered by this Coverage Agreement. In the event a Suit contains allegations which allege Damages which the Trust has a duty to defend and other allegations which allege Damages the Trust does not have a duty to defend, the Trust will defend the Suit subject to the terms, conditions, limits of liability and exclusions of the Coverage Agreement; however, undertaking such defense shall not obligate the Trust to pay any judgments, settlements or awards which a Member becomes legally obligated to pay for allegations to which coverage does not apply. The Trust's duty to defend ends when applicable Limits of Liability have been exhausted. As a condition of coverage under this Coverage Agreement, the Member agrees that settlement of any Claim or Suit may involve the payment of proceeds and/or the taking or forbearing to take certain actions by the Member. Accordingly, the following requirements shall apply to all settlement efforts by the Trust and any party acting as the Trust's appointed representative or agent: For any Occurrence resulting in a Claim or Suit for Damages, if the Trust gives written notice of its recommendation for settlement, including the payment of proceeds to settle a Claim or Suit and/or the taking or forbearing to take certain actions by the Member, and the Member does not affirmatively accept such recommendation within a reasonably requested time period contained in the notice, not to exceed thirty (30) days following receipt of such notice, the Trust's sole coverage obligation to the Member shall then not exceed the lesser of: a. The sum for which the Claim or Suit could have been settled at the time set forth in the notice of the Trust's recommendation for settlement; and b. The unpaid costs and expenses incurred by the Trust to defend the Claim or Suit through the date on which the Member was required to provide its affirmative acceptance of the recommendation for settlement; or c. If less than the sum of a. and b. above, the unused portion of the stated limit of liability contained within the Declarations, less any self -insured retention or deductible amounts owed by the Member. 2. In its application of the foregoing provision, the Trust shall have no obligation to provide prior notice or obtain prior authorization of the Member or its legal counsel before making any proposed settlement, actual settlement or partial settlement of any Claim or Suit covered under this Coverage Agreement. FMIT CA 1021 Page 2 of 20 As a condition of coverage under this Coverage Agreement, the Member agrees: For any Occurrence resulting in a Claim or Suit for Damages for which coverage under this Coverage Agreement is sought, the Trust, in its sole discretion, may investigate; settle; coordinate the defense of Claims or counts within Suits which may not be expressly covered by this Coverage Agreement but which provide strategic benefits through coordinated litigation; and/or use of any other Claim defense measures permitted by applicable state law or rules of attorney professional conduct, without the prior consent or approval of the Member. The Trust shall have no obligation to retain more than one attorney to defend all Members involved in any Occurrence resulting in a Claim or Suit for Damages covered by this Coverage Agreement, absent a clearly expressed conflict of interest by the attorney initially retained by the Trust. The Trust shall remain in control of the defense for any Occurrence resulting in a Claim or Suit for Damages for which the Trust is obligated to provide a defense or elects to provide a defense to the Member, notwithstanding any of the following: a. There is more than one defendant against whom a Claim or Suit is brought; b. There is any real or perceived conflict between or among the Trust, any Member or any defendant(s) involved in any Claim or Suit; c. The Trust has reserved its right to deny or limit its coverage in any Claim or Suit; d. The Trust or the Member initiates any Claim or Suit against any other Trust Member. In the event any court of competent jurisdiction orders the Trust to provide attorney representation beyond the attorney(s) retained by the Trust to defend any Claim or Suit, the Member shall be entitled to the fees and charges for such court -ordered attorney representation only to the extent of usual, customary and reasonable legal fees and charges ordinarily paid to attorneys retained by the Trust. DEFINITIONS The following definitions apply throughout this Coverage Agreement unless modified or excluded: A. Advertising Injury, means injury arising out of an offense committed during the Coverage Agreement period occurring in the course of the Designated Member's advertising activities if such injury arises out of libel, slander, defamation, violation of right of privacy, oral or written publication of material, misappropriation of advertising ideas or style of doing business, or infringement of copyright, title, or slogan. B. Agreement Territory, means the United States of America, its territories and possessions, Puerto Rico and Canada. C. Automobile, means a land motor vehicle, trailer or semi -trailer designed for travel on public roads (including any machinery or apparatus attached thereto), or any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged. However, "automobile" does not include "mobile equipment" and does not include any vehicle designed for travel on public roads that is operating through use of autonomous technology without a licensed driver in position to provide active control. FMIT CA 1021 Page 3 of 20 D. Bert J. Hams, Jr., Private Property Rights Act Claim, means a Claim alleging a cause of action authorized by section 70.001, Fla. Stat., as amended from time to time. E. Intentionally left blank. F. Bodily Injury, means bodily injury, sickness or disease sustained by a person, including death resulting from any of these at any time resulting from an Occurrence during the period of this Coverage Agreement. G. Communicable Disease includes but is not limited to Acquired Immune Deficiency Syndrome (AIDS), and any other sexually transmitted disease. H. Designated Member, means the entity, organization or constitutional officer named in Item I. or V. of the Declarations of this Coverage Agreement; Designated Member does not include employees or agents of that entity or organization. I. Designated Member's Products, means goods or products manufactured, sold, handled, or distributed by the Designated Member or by others trading under his name, including any container thereof (other than a vehicle), but "Designated Member's Products" shall not include a vending machine or any other property rented to, or located for use of, others but not sold. J. Elevator, means any hoisting or lowering device to connect floors or landings, whether or not in service, and all appliances thereof; but does not include an automobile servicing hoist, a material hoist used in alteration, construction or demolition operations, or an inclined conveyor used exclusively for carrying property or a dumbwaiter. K. Employee Benefit Program, means any pension and profit sharing plan; individual retirement account (IRA) plan; salary reduction plan under internal Revenue Code §§ 401 (k), 457(b) or similar retirement savings provisions; employee stock subscription plan, savings plan; group plan for life, health, dental, disability, automobile, home owners, or legal services insurance; social security system benefits; workers' compensation and unemployment insurance; travel, sick leave -time plan; vacation leave -time plan; or educational tuition reimbursement plan created, administered or endorsed by a Designated Member. L. Employment Practices Liability means liability arising from a Claim or Suit alleging Damages as a result of any of the following acts or omissions by the Designated Member which occur in its capacity as an employer: 1. discrimination, (including but not limited to discrimination based upon age, gender, race, color, national origin, religion, sexual orientation or preference, pregnancy or disability); 2. employment -related misrepresentation(s) to an employee or applicant for employment with the Designated Member; 3. failure to grant tenure; 4. failure to provide or enforce adequate or consistent policies and procedure relating to any Employment Practices Violation; 5. harassment (including sexual harassment whether "quid pro quo", hostile work environment or otherwise); FM IT CA 1021 Page 4 of 20 6. retaliation (including lockouts) or alleged employment decisions involving violation of any state or local whistleblower protection law; 7. wrongful deprivation of career opportunity, wrongful demotion or negligent employee evaluation, including the giving of negative or defamatory statements in connection with an employee reference; 8. wrongful discipline; 9. wrongful dismissal, discharge or termination, either actual or constructive; 10. wrongful failure to employ or promote; and 11. violation of an individual's civil rights relating to any of the above but only if the alleged act or omission relates to an employee or applicant for employment with the Designated Member whether direct, indirect, intentional or unintentional. M. Errors and Omissions, means any error, omission, misstatement, neglect or breach of duty by the Member while lawfully acting within the Member's official capacity or scope of employment for the Designated Member, whether the Member is acting individually or collectively, for which a Claim alleging Member liability for Damages is made. As defined, Errors and Omissions excludes any Claim, Suit or liability for: Bodily Injury, Property Damage, Personal Injury; Advertising Injury; Employment Practices Liability, Civil Rights Liability; Law Enforcement Liability or Employee Benefit Program Administration Errors and Omissions liability; excludes any failure to obtain any insurance coverage of any type or amount.; excludes any matters arising before the Florida Commission on Ethics or before any local ethics commission created by charter or ordinance; and excludes any Claim otherwise expressly excluded from coverage elsewhere within the Coverage Agreement. N. Incidental Contract, means a written (a) lease of premises, (b) easement or license agreement granted to the Member, except in connection with construction or demolition operations on or within 50 feet of a railroad (c) obligation to indemnify a municipality, as required by municipal ordinance, except in connection with work for a municipality (d) an elevator maintenance agreement; (e) Intedocal Agreement or (f) contract otherwise entered by the Member for which tort liability would be imposed against the Member even in the absence of the contract, but does not include any contract that: involves the provision of professional services by an architect, engineer or surveyor; seeks to impose liability under a warranty of the fitness or quality of the Member's products or a warranty that work performed by or on behalf of the Member will be done in a workmanlike manner; seeks to hold harmless and/or indemnify any person or entity excluded from the scope of Section 768,28, Fla. Stat.; seeks to make the Member liable for any Claim, loss or Damages proximately caused by the negligent act or omission of another party, its directors, officers, employees, contractors and/or agents; seeks to waive the Member's sovereign immunity or extend the Member's tort liability beyond the limits expressly provided in Section 768.28 Fla. Stat.; seeks to impose contractual liability on the Member for underlying tort Claims beyond the limits expressly provided in Section 768.28 Fla.Stat.; or does not otherwise comply with the express provisions of Section 768.28 Fla. Stat. O. Incidental Medical Malpractice Injury, means Bodily Injury arising out of the rendering of or failure to render medical services or treatment by a Member who is not a medical or paramedical professional of any type during the period of this Coverage Agreement, including the following services: 1. medical, surgical, dental, x-ray or nursing service or treatment or the furnishing of food or beverages in connection therewith; or FMIT CA 1021 Page 5 of 20 2. the furnishing or dispensing of drugs or medical, dental or surgical supplies or appliances. Interlocal Agreement, means an agreement that is authorized by and entered pursuant to Chapter 163, Fla. Stat. and that complies with the express provisions of Section 768.28 Fla. Stat. Q. Inverse Condemnation, means any affirmative regulatory action by a Designated Member resulting in the deprivation of substantially all economically beneficial or productive use of private property and the resulting cause of action by the affected property owner to recover any loss in monetary value resulting from the regulatory action. As defined, "inverse condemnation" excludes any physical taking of property or diminution of access to property, by whatever means and whatever name called. R. Loading or unloading, means the handling of property. - after it is moved from the place where it is accepted for movement into or onto an aircraft, watercraft or "auto;" while it is in or on an aircraft, watercraft or "auto;" or while it is being moved from an aircraft, watercraft or "auto" to the place where it is finally delivered; but "loading or unloading" does not include the movement of property by means of a mechanical device, other than a hand truck, that is not attached to the aircraft, watercraft or "auto." S. Member, as used herein means: the Designated Member; and 2. while acting within the scope of his employment, any officer (except constitutional officers), volunteer, servant, or employee of the Designated Member, including elected and appointed officials, and members of Boards or Commissions created by the Designated Member. However, the coverage so provided any officer, servant, or employee does not apply to bodily injury to another officer, servant or employee of the Designated Member injured in the course of and arising out of his employment. The coverage afforded applies separately to each Member against whom Claims are made or Suits are brought, except with respect to the limits of liability of the Trust and does not apply to any Claim, Suit or liability arising out of the conduct of any partnership or joint venture of which a Member is a partner or participant and which is not specified in this Coverage Agreement as a Designated Member. T. Mobile Equipment, means a land vehicle (including any machinery or apparatus attached thereto), whether or not self propelled, (a) not subject to motor vehicle registration, or (b) maintained for use exclusively on premises owned by or rented to the Designated Member, including the ways immediately adjoining, or (c) designed for use principally off public roads, or (d) designed or maintained for the sole purpose of affording mobility to equipment of the following types forming an integral part of or permanently attached to such vehicle: power cranes, shovels, loaders, diggers and drills; concrete mixers, graders, scrapers, rollers and other road construction or repair equipment; air compressors, pumps and FMIT CA 1021 Page 6 of 20 generators, including spreading, welding and building leaning equipment; and geophysical exploration and well servicing equipment. Mold, Spores and/or Fungus, means any mold, spores and/or fungus of any type of nature whatsoever that can cause or threaten harm to any living organism (including human health or human welfare, or the health or welfare of any animal or plant) or can cause or threaten physical damage, deterioration, loss of use, and/or loss of value or marketability, to any tangible property whatsoever. This includes, but is not limited to, any type(s) of mold, spores and/or fungus that are harmful or potentially harmful to health or welfare (such as Stachybotrys and others), or that are damaging or potentially damaging to tangible property (such as wet or dry rot, mildew and others) or that can otherwise cause or threaten to cause bodily injury, property damage, personal injury or advertising injury or any kind whatsoever. V. Occurrence, means an event or accident, including continuous or repeated exposure to substantially the same general harmful conditions, which results in a Claim for Damages covered by this Coverage Agreement and not arising from any form of intentional misconduct. It is agreed that a single Occurrence shall be deemed to arise in the event one or more alleged Claims is based on a series of similar causes or a common nucleus of operative facts: 1. that happen over a period of time; or 2. that happen repeatedly; or 3. that form a course of conduct; or 4. that involve ordinances, resolutions, policies, procedures or legislative enactments that involve the same or substantially similar subject matter; or 5. that involve the adoption or enforcement, failure to adopt or failure to enforce: ordinances, resolutions, policies, procedures or legislative enactments that involve the same or substantially similar subject matter; or 6. that are certified by a court of competent jurisdiction to form the basis for class- action litigation. W. Personal Injury, means injury sustained by any person or organization arising out of one or more of the following offenses committed during the term of this Coverage Agreement. False arrest, detention, imprisonment; Wrongful entry or eviction, or other invasion of the right of private occupancy; Publication or utterance: of material that libels, slanders or defames or disparages a person or organization's goods, products or services; or; of material that violates an individual's right of privacy; except that publications or utterances in the course of or related to broadcasting, publishing, or telecasting activities conducted by or on behalf of the Designated Member shall not be deemed personal injury; FMIT CA 1021 Page 7 of 20 X. Pollutants, mean any solid, liquid, biological, gaseous or thermal irritant or contaminant, including smoke, dust, vapor, soot, fumes, acids, alkalis, chemicals and electromagnetic radiation, liquids, gases, other irritants or contaminants and waste. Waste includes materials to be recycled, reconditioned or reclaimed. Y. Products -Completed Operations Hazard: 1. Includes all "bodily injury" and "property damage" occurring away from premises you own or rent and arising out of "your product' or "your work" except: a. products that are still in your physical possession; or b. work that has not yet been completed or abandoned. However, "your work" will be deemed completed at the earliest of the following times: (1) when all of the work called for in your contract has been completed. (2) when all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. (3) when that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or sub -contractor working on the same project. Work that may need service, maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as completed. 2. Does not include "bodily injury" or "property damage" arising out of a. The transportation of property, unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you, and that condition was created by the "loading or unloading" of that vehicle by any insured; b. The existence of tools, uninstalled equipment or abandoned or unused materials; or C. Products or operations for which the classification, listed in the Declarations or in a policy schedule, states that products -completed operations are subject to the General Aggregate Limit. Z. Property Damage, means (a) physical injury to or destruction of tangible property which occurs during the policy period, including the loss of use thereof at any time resulting there from, or (b) loss of use of tangible property which has not been physically injured or destroyed provided such loss of use is caused by an Occurrence during the period of this Coverage Agreement. As used herein, Property Damage excludes a Claim, Suit or liability alleging diminished or denied access, physical taking, inverse condemnation or any federal or state -law based private property right deprivation in connection with real property. AA. Intentionally left blank. BB. Sexual Action includes, but is not limited to, any verbal or non-verbal communication, behavior or conduct with sexual connotations or purposes, whether for sexual gratification, intimidation, coercion or other purpose, and regardless of whether such action is alleged to be intentional or negligent. FMIT CA 1021 Page 8 of 20 CC. Sexual Abuse shall include, but is not limited to, the negligent or intentional infliction of physical, emotional or psychological injury or harm on any person or persons in the care, custody or control of any Member and also includes one or more of the following acts: 1. any penetration, however slight, of the vagina or anal opening of one person by the penis of another person, whether or not there is the emission of semen. 2. any sexual contact between the genitals or anal opening of one person and the mouth or tongue of another person. 3. any intrusion by one person into the genitals or anal opening of another person, including the use of any object for this purpose, except that this does not include any act intended for a valid medical purpose. 4. the intentional touching of the genitals or intimate parts, including the breasts, genital area, groin, inner thighs, and buttocks, or the clothing covering them, of either the individual or the perpetrator, except that this does not include: a. any act which may reasonably be construed to be a normal caregiver responsibility, any interaction with, or affection for an individual; or b. any act intended for a valid medical purpose. 5. the intentional masturbation of the perpetrator's genitals. 6. the intentional exposure of the perpetrator's genitals in the presence of an individual, or any other sexual act intentionally perpetrated in the presence of an individual, if such exposure or sexual act is for the purpose of sexual arousal or gratification, aggression, degradation, or other similar purpose. 7. the sexual exploitation of an individual, which includes allowing, encouraging, or forcing an individual to: a. solicitation for or engage in prostitution; or b. any play, motion picture, photograph, or dance or any other visual representation exhibited before an audience. DD. Suit, means a civil court action or proceeding in which a third party alleges liability and Damages to which this coverage applies. "Suit" includes: 1. an arbitration proceeding in which such Damages are claimed and to which the Member must submit or does submit without consent; or 2. any other alternative dispute resolution proceeding in which such Damages are claimed and to which the Member submits with our consent. EE. Your Product 1. means: a. any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by: (1) you; FMIT CA 1021 Page 9 of 20 (2) others trading under your name; or (3) a person or organization whose business or assets you have acquired; and b. containers (other than vehicles), materials, parts or equipment furnished in connection with such goods or products. 2. includes: a. warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your product;" and b. the providing of or failure to provide warnings or instructions. 3. does not include vending machines or other property rented to or located for the use of others but not sold. FF. Your Work: means: a. work or operations performed by you or on your behalf; and b. materials, parts or equipment furnished in connection with such work or operations. 2. includes: a. warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your work," and b. the providing of or failure to provide warnings or instructions. GG. Aircraft means an airplane, helicopter, or other machine capable of flight, including any unmanned or remotely operated variation of such machines such as "drones" or the like. HH. Damages means monetary sums sought or ordered by a court to be paid as compensation for loss or injury in a civil law Claim or Suit and excludes any fines, penalties or refunds of any kind or nature and further excludes any non -monetary judgment or form of relief sought or awardable. Il. Law Enforcement Activities means the activities of the employees and expressly authorized agents of the Designated Member's police department who, at all times material to any Occurrence: (1) are in the course and scope of employment for the Designated Member's police department; (2) are Certified Law Enforcement Officers in good standing pursuant to all requirements of Florida law and rules; and (3) are not acting unlawfully, not acting in bad faith, not acting with a malicious purpose, nor acting in a manner exhibiting wanton and willful disregard for human rights, safety or property. JJ. Intentionally left blank. KK. Claim means a demand alleging Member liability and seeking redress for injury, loss, Damages or other sums and includes a Suit against a Member seeking the foregoing or any other remedies. FMIT CA 1021 Page 10 of 20 EXCLUSIONS This Coverage Agreement does not apply: A. to any Claim, Suit or liability arising from any actual or alleged breach of any express or implied contract or from the Member's assumption of liability in a contract or agreement, except an Incidental Contract as defined herein; B. to bodily injury or property damage arising out of the ownership, maintenance, operation, use, loading or unloading of: 1. any automobile operated by or rented or loaned to any Member; 2. any other automobile operated by any person in the course of his employment by any Member; but this exclusion does not apply to the parking of an automobile on premises owned by, rented to or controlled by the Member or the ways immediately adjoining, if such automobile is not owned by or rented or loaned to any Member; 3. any vehicle while being used in any pre -arranged or organized racing, speed or demolition contest or in any stunting activity or in practice or preparation for any contest or activity; 4. any automobile operating through use of any autonomous technology without a licensed driver present and in position to assume control of the vehicle. C. to bodily injury or property damage arising out of: 1. the ownership, maintenance, operation, use, loading or unloading of any mobile equipment while being used in any pre -arranged or organized racing, speed or demolition contest or in any stunting activity or in practice or preparation for any such contest or activity; 2. the operation or use of any trailer designed for use therewith; or 3. the ownership, maintenance, operation, or use of a water theme park. D. to bodily injury or property damage arising out of: (1) the ownership, maintenance, operation, use, loading or unloading of: a. any watercraft that is over fifty-two (52) feet in length and is used in the Member's Law Enforcement Activities or any other watercraft that is over twenty-six (26) feet in length; b. any barge or lighter rented by the Member to others with respect to which the Member does not furnish employees to operate and does not have any operating control; c. any watercraft while being used in any pre -arranged or organized racing, speed or demolition contest or in any stunting activity or in practice or preparation for any contest or activity; d. any watercraft or structure being used as an artificial reef or similar purpose, e. any watercraft with any passenger(s) in or upon, entering or alighting from the watercraft; however, this exclusion does not apply to any such Occurrence if the watercraft is twenty-six (26) feet or less in length, is not owned by the Member and the Member collects no charge or fee to carry persons or property; 6. any Manna Operations owned, leased or operated by the Member. (2) Manna Operations. For purposes of this exclusion, Marina Operations is defined to include watercraft repairs, alteration, maintenance, storage, mooring, launching, docking, retrieval from any water body, fueling, transportation, and hauling at or near any manna facility; and FMIT CA 1021 Page 11 of 20 (3) any of the forgoing types of excluded watercraft or Marina Operations liability even if the alleged Member liability or negligence is based on the hiring, supervision, employment, training or monitoring of any Member's employee or agent. E. to bodily injury or property damage arising out of the ownership, maintenance, operation, use, loading or unloading of: 1. any aircraft owned or operated by or rented or loaned to any Member, 2. any other aircraft operated by any person in the course of his employment by any Member; but this exclusion does not apply to aircraft while parked on premises owned by, rented to or controlled by the Member; to any Claim, Suit or liability arising out of, caused by or contributed to, in whole or in part, by any normal, expected, unexpected or required operational aspect of an aircraft including: its flight, landing, mechanical operation or maintenance; any aircraft fueling, de -fueling, fuel delivery or other fuel transportation; any discharge or combustion of, or exposure to, aircraft fuel, chemical(s) or other dangerous, combustible or harmful substance(s) required by or contained within an aircraft. However, this exclusion does not apply to the extent a Claim or Suit alleges Bodily Injury or Property Damage to a third party arising from an Occurrence that does not involve an aircraft's operation as described herein, but nonetheless arises at covered airport premises, facilities, buildings or other operations; G. any Claim, Suit or liability for injury caused by, contributed to or arising out of the actual or threatened discharge, dispersal, disposal, leaching, migration, seepage, release, or escape of pollutants and/or contaminants into or upon the land, the atmosphere or any course or body of water, whether above or below ground. However, this exclusion does not apply to bodily injury or property damage arising out of heat, smoke or fumes from a hostile fire. As used in this exclusion, a hostile fire means one which bums outside the area intended or which becomes uncontrollable. H. any Claim, Suit or liability for Damages arising out of the ingestion, inhalation or absorption of lead in any form including any loss, cost or expense arising out of any: 1. request, demand or order that any "Member" or others test for, monitor, clean up, remove, contain, treat, detoxify, or neutralize, or in any way respond to, or assess the effects of lead; or 2. Claim or Suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of lead. I. any Damages from the process of continued surface and/or subsurface degradation and deterioration of lead -based paint that has been applied to any surface of any building whether considered commercial or residential. J. to bodily injury or property damage due to war, whether or not declared, civil war, insurrection, rebellion and revolution, or to any act or condition incident to any of the foregoing; K. to any obligation for which any Member or any carrier as it's insurer may be held liable under any social security, workers' compensation, employer's liability, unemployment compensation or disability benefits law, or under any similar law including any claims for the correction of physical public facilities based on accessibility under the Americans with Disabilities Act; L. to bodily injury to any employee of the Designated Member arising out of and in the course of his or her employment by the Designated Member or to any obligation of a Member to FMIT CA 1021 Page 12 of 20 indemnify another because of damages arising out of such injury; but this exclusion does not apply to liability assumed by the Designated Member under an Incidental Contract. This exclusion shall include any liability incurred by a Member as a result of alleged wrongful Employment Practices Liability; M. to property damage to property owned or occupied by, leased, or rented to, a Member; N. to property damage to premises alienated by the Member arising out of such premises or any part thereof; O. to loss of use of tangible property which has not been physically injured or destroyed resulting from a delay in lack of performance by or on behalf of the Member of any contract or agreement; P. to property damage to the Members products arising out of such products or any part of such products; to property damage to work performed by or on behalf of the Member arising out of the work or any portion thereof, or out of materials, parts or equipment furnished in connection therewith; and to damages claimed for the withdrawal, inspection, repair, replacement, or loss of use of the Member's products or work completed by or for the Member or of any property of which such products or work form a part, if such products, work or property are withdrawn from the market or from use because of any known or suspected defect or deficiency therein; Q. to any liability from the Member's completed operations arising out of.- 1 . loss of sales, customers or profits suffered by a person or entity affected by the actions of the Member or its agents including any damages sustained by such person or entities by virtue of a business interruption; or 2. loss resulting from theft of any property which at the time of loss is not an integral part of a building or structure including direct loss by pillage and looting occurring during and at the immediate place of a riot or civil commotion; R. to any liability arising in whole, or in part out of: 1. any act or omission of a Member committed while acting outside the course and scope of his employment, or committed in bad faith with malicious purpose, or in a manner exhibiting wanton and willful disregard of human rights, safety or property; 2. any Member obtaining remuneration or financial gain to which the Member was not legally entitled; 3. the willful violation of any federal, state or local law, ordinance or regulation committed by or with the knowledge or consent of any Member; or 4. violation of public trust; to any Claim, Suit or liability arising out of or in any way connected with a physical taking of property or any diminution of access to property, by whatever means or whatever name called, the operation of the principals of eminent domain, condemnation, proceedings, inverse condemnation or takings law, whether permanent or temporary, including but not limited to, Claims arising out of federal, state or local land use, environmental, air, ground or water pollution, or health, safety and welfare laws, ordinances or regulations, Claim arising from Chapter 70, Florida Statutes, known as the Bert J. Hams, Jr. Private Property Rights Protection Act, as may be amended from time to time, or Claim arising from activities by or on behalf of a Member which result in permanent or temporary loss of use or value of private property, whether such liability accrues directly against the Member, or by virtue of any agreement entered into by or on behalf of the Member; to any liability for injury, sickness, disease, death or destruction due to the rendering of or failure to render any professional service by any doctor, surgeon, dentist, nurse, physician's FMIT CA 1021 Page 13 of 20 assistant, paramedic, emergency medical technician or other medical professional of a Designated Member; U. to any liability arising out of or in connection with or caused or contributed to by any failure or inability to supply, in whole or in part, any adequate quantity or quality of power, steam, pressure, water or fuel. Fuel includes, but is not limited to natural gas, heating oil and propane; V. to any liability arising out of or caused or contributed to by or connected with any actual or alleged violation of the Employee Retirement Income Security Act of 1974 (Public Law 93- 406) or any amendment thereto or any similar provision of any local, state or federal law, statutory or common; W. to any liability as a result of flood or any liability as a result of water overflow damage, including flooding, caused or contributed to by any failure, breakage, inadequacy, maintenance of and/or design of any natural or man-made structure, including but not limited to: any dam, dyke, levee, reservoir, water barrier, ditches, canals, gate, aqueduct, water shed, channel or culvert; X. to any liability for fines, punitive or exemplary damages; or any non -compensatory damages or penalties imposed pursuant to any federal or state anti-trust, civil rights, anti- discrimination, or racketeer influence and corrupt organization (RICO) laws; Y. to any Damages imposed by special act of the Legislature,- Z. to any "bodily injury" or "property damage": with respect to which a "Member" under the policy is also an insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association, Mutual Atomic Energy Liability Underwriters, Nuclear Insurance Association of Canada or any of their successors, or would be an insured under any such policy but for its termination upon exhaustion of its limit of liability; or resulting from the "hazardous properties" of "nuclear material" and with respect to which (a) any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof, or (b) the "Member" is, or had this policy not been issued would be, entitled to indemnity from the United States of America, or any agency thereof, under any agreement entered into by the United States of America, or any agency thereof, with any person or organization. under any Medical Payments coverage, to expenses incurred with respect to "bodily injury" resulting from the "hazardous properties" of "nuclear material" and arising out of the operation of a "nuclear facility" by any person or organization. under any Liability Coverage, to "bodily injury" or "property damage" resulting from "hazardous properties" of "nuclear material" if: (1) the "nuclear material" (a) is at any "nuclear facility" owned by, or operated by or on behalf of, a "Member" or (b) has been discharged or dispersed therefrom; (2) the "nuclear material" is contained in "spent fuel' or "waste" at any time possessed, handled, used, processed, stored, transported or disposed or, by or on behalf of a "Member"; or FM IT CA 1021 Page 14 of 20 (3) the "bodily injury" or "property damage" arises out of the furnishing by a "Member" of services, materials, parts or equipment in connection with the planning, construction, maintenance, operation or use of any "nuclear facility," but if such facility is located within the United States of America, its territories or possessions or Canada, this exclusion (3) applies only to "property damage" to such "nuclear facility" and any property thereat. 2. as used in this endorsement: "Hazardous properties" includes radioactive, toxic or explosive properties "Nuclear material" means "source material", "special nuclear material" or "by- product material". "Source material", "special nuclear material', and "by-product material" have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. "Spent fuel" means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation in a "nuclear reactor". "Waste" means any waste material (a) containing "by-product material" other than the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its "source material" content, and (b) resulting from the operation by any person or organization of any "nuclear facility" included under the first two paragraphs of the definition of "nuclear facility". "Nuclear facility" means: a. any "nuclear reactor"; b. any equipment or device designed or used for (1) separating the isotopes of uranium or plutonium, (2) processing or utilizing "spent fuel", or (3) handling, processing or packaging "waste"; C. any equipment or device used for the processing, fabricating or alloying of "special nuclear material" if at any time the total amount of such material in the custody of the "Member" at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235; or d. any structure, basin, excavation, premises or place prepared or used for the storage or disposal of `waste"; and includes the site on which any of the foregoing is located, all operations conducted onsuch site and all premises used for such operations. "Nuclear reactor" means any apparatus designed or used to sustain nuclear fission in a self-supporting chain reaction or to contain a critical mass of fissionable material. FMIT CA 1021 Page 15 of 20 "Property damage" includes all forms of radioactive contamination of property. AA. to personal injury arising out of any publication or utterance described in sub -paragraph W. 3. of the definition of Personal Injury contained in the Definitions section of this Coverage Agreement (a) if the first injurious publication or utterance of the same or similar material by or on behalf of the Designated Member was made prior to the effective date of this coverage; or (b) concerning any organization or business enterprise, or its products or services, made by or at the direction of any Member with knowledge of the falsity thereof; 1313. to any liability arising out of Errors and Omissions as defined herein; CC. to bodily injury or property damage for which the Designated Member or his indemnitee may be held liable: 1. as an entity or organization engaged in manufacturing, distributing, selling, fumishing or serving alcoholic beverages; or 2. if not so engaged, as an owner or lessor of premises used for such purposes, if such liability is imposed a. by, or because of the violation of, any statute, ordinance or regulation pertaining to the sale, gift, distribution or use of any alcoholic beverages; or b. by reason of the selling, serving, furnishing or giving of any alcoholic beverage to a person who is not of legal drinking age, habitually addicted to the use of any or all alcoholic beverages, to a person under the influence of alcohol or which causes or contributes to the intoxication of any person. 3. causing or contributing to the intoxication of any person. This exclusion does not apply and coverage is afforded under the Coverage Agreement for bodily injury or property damage Claims or liability resulting from the providing or serving of alcoholic beverages without charge to the public at functions incidental to a Designated Member's business or activity otherwise covered under the Coverage Agreement or any endorsement thereto; DD. any Claim or Suit seeking relief or redress in any form other than money Damages and any costs, fees, expenses or attomeys' fees relating to such Claims or Suits, including those with allegations: 1. seeking injunctions, declaratory judgments or extraordinary writs such as certiorari, mandamus, quo warranto or other relief as the only claim or remedy pursued in a Suit and no other covered Claims for Damages; 2. seeking to enforce or invalidate Incidental Contracts, Interlocal Agreements or any other agreement(s) between the Member and others; 3. seeking to enforce, invalidate or appeal any permit decision rendered on the basis of zoning, land development and/or building code regulations as the only claim or remedy pursued in a Suit and no other covered Claims for Damages; 4. based on violations of federal, state or local procurement or bidding law requirements or based on election results, disputes or challenges; EE_ to any liability arising out of any actual or alleged Sexual Action, Sexual Abuse or Communicable Disease. However, this exclusion does not apply and coverage is afforded under this Coverage Agreement for Claims that specifically allege Designated Member liability for Sexual Abuse; FF. to any liability for injury, loss or Damages sustained by any person or entities arising from or in anyway involving asbestos or other products containing asbestos or to asbestosis or FMIT CA 1021 Page 16 of 20 any other disease including mesothelioma and cancer related to asbestos exposure nor any liability for costs or expenses incurred in removing, cleaning up or nullifying such asbestos product; It is understood and agreed that the intent and effect of this exclusion is to delete from all coverages afforded by this Coverage Agreement any loss, cost, or expense arising out of any governmental direction, order or request that the Member test for, monitor, cleanup, remove, contain, treat, detoxify or neutralize asbestos or asbestos products. GG. to any liability arising out of errors and omissions as defined herein or other negligent or wrongful act committed in the administration of any Employee Benefit Program as defined herein, for present or former employees of the Designated Member; HH. to any liability arising out of or caused by or contributed to or connected with alleged violation of the following: 1. Federal Fair Labor Standards Act. 2. Chapter 447, Florida Statutes. 3. Drivers Privacy Protection Act of 1994. 4. National Labor Relations Act. 5. Worker Adjustment and Retraining Notification Act. 6. Consolidated Omnibus Budget Reconciliation Act of 1985. 7. Occupational Safety and Health Act. 8. Federal Employers Liability Act. 9. Longshoreman's and Harbor Workers' Act. 10. Employee Polygraph Protection Act. 11. Defense Base Act. 12. Outer Continental Shelf Lands Act U. any Claim requesting return or reimbursement of a special assessment, tax, service charge, fine or fee or any other payment or overpayment to the Designated Member or Member; JJ. to any claim for attorneys' fees or costs for any Claim or Suit not covered by this Coverage Agreement; KK. to any Damages which accrued or occurred prior to the effective date of this Coverage Agreement notwithstanding the date of the Occurrence; LL. advertising injury arising out of: 1. Failure of performance of contract, but this exclusion does not apply to the unauthorized appropriation of ideas upon alleged breach of implied contract, or 2. Infringement of trademark, service mark, or trade name, other than titles or slogans, by use thereof or in connection with goods, products or services sold, offered for sale, or advertised, or 3. Incorrect description or mistake in advertising price of goods, products or services sold, offered for sale or advertised. Also, with respect to advertising injury: 1. to any Member in the business of advertising, broadcasting, or telecasting, or 2. to any injury arising out of any act committed by the Member with actual malice. MM. to any Bodily Injury Liability, Property Damage Liability, Personal Injury Liability, Advertising Injury Liability, Products Liability and Completed Operations Hazard arising directly or indirectly out of: FMIT CA 1021 Page 17 of 20 1. any actual or alleged failure, malfunction or inadequacy due to the inability to correctly recognize, process, distinguish, interpret or accept the year 2000 and beyond by: a. any of the following, whether belonging to any insured or to others: (a) Computer application software; (b) Computer networks; (c) Microprocessors (computer chips) not part of any computer system; (d) Computer operating systems and related software; (e) Computer hardware, including microprocessors; or (f) Any other computerized or electronic equipment or components; or b. any other products, and any services, data or functions that directly or indirectly use or rely upon, in any manner, any of the items listed in the preceding paragraph. 2. any advice, consultation, design, evaluation, inspection, installation, maintenance, repair, replacement or supervision provided or done by you or for you to determine, rectify or test for, any potential or actual problems described in paragraph a. above. NN. to any Claim, Suit or liability for Bodily Injury Liability, Property Damage Liability, Personal Injury Liability or Advertising Injury Liability, for which any Designated Member or Member under this Coverage Agreement may be held liable arising out of the actual or threatened occurrence, growth, release, transmission, migration, dispersal or exposure to any micro- organisms, biological organisms, bio aerosols, organic contaminants, mold, spores and/or fungi (collectively referred to as "Contaminants") which: 1. results from any actual or threatened exposure to, inhalation, absorption or ingestion of, or physical contact with any Contaminant; 2. results from any actual or threatened Contaminant upon any real property or personal property, product or work, premises, site or location, or any other tangible property, or any Designated Member or Member or any other person(s) or organization(s), located anywhere in the world; or 3. results from any loss, cost or expense for any testing, monitoring, clean-up, treatment or removal, or neutralization of any Contaminant; However, for purposes of this exclusion, Contaminants does not include SARS-Cov-2, coronavirus or Covid-19. 00. A. to "any injury or Damages" arising, directly or indirectly, out of a "certified act of terrorism" or an "other act of terrorism". However, with respect to an "other act of terrorism", this exclusion applies only when one or more of the following are attributed to such ad: the total of insured damage to all types of property exceeds $25,000,000. In determining whether the $25,000,000 threshold is exceeded, we will include all insured damage sustained by property of all persons and entities affected by the terrorism and business interruption losses sustained by owners or occupants of the damaged property. For the purpose of this provision, insured damage means damage that is covered by any insurance plus damage that would be covered by any insurance but for the application of any terrorism exclusions; or 2. fifty or more persons sustain death or serious physical injury. For the purposes of this provision, serious physical injury means: a. physical injury that involves a substantial risk of death; or b. protracted and obvious physical disfigurement; or FMIT CA 1021 Page 18 of 20 C. protracted loss of or impairment of the function of a bodily member or organ; or the terrorism involves the use, release or escape of nuclear materials, or directly or indirectly results in nuclear reaction or radiation or radioactive contamination; or the terrorism is carried out by means of the dispersal or application of pathogenic or poisonous biological or chemical materials; or pathogenic or poisonous biological or chemical materials are released, and it appears that one purpose of the terrorism was to release such materials. With respect to this exclusion, Paragraphs 1. and 2, describe the thresholds used to measure the magnitude of an incident of an "other act of terrorism" and the circumstances in which the threshold will apply for the purpose of determining whether this exclusion will apply to that incident. B. the following definitions are added: for the purposes of this endorsement, "any injury or damage" means any injury or damage covered under any Coverage Part to which this endorsement is applicable, and includes but is not limited to "bodily injury", "property damage", "personal and advertising injury"," injury" or "environmental damage" as may be defined in any applicable Coverage Part. "Certified act of terrorism" means an act that is certified by the Secretary of the Treasury, in concurrence with the Secretary of State and the Attorney General of the United States, to be an act of terrorism pursuant to the federal Terrorism Risk Insurance Program Reauthorization Act of 2015 (TRIPRA 2015). TRIPRA 2015 sets forth the following criteria for a "certified act of terrorism". The act resulted in aggregate losses in excess of $5 million; and The act is a violent act or an act that is dangerous to human life, property or infra -structure and is committed by an individual or individuals acting on behalf of any foreign person or foreign interest, as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. "Other act of terrorism" means a violent act or an act that is dangerous to human life, property or infrastructure that is committed by an individual or individuals and that appears to be part of an effort to coerce a civilian population or to influence the policy or affect the conduct of any government by coercion, and the act is not certified as a terrorist act pursuant to TRIPRA 2015. Multiple incidents of an "other act of terrorism" which occur within a seventy-two (72) hour period and appear to be carried out in concert or to have a related purpose or common leadership shall be considered to be one incident. C. In the event of any incident of a "certified act of terrorism" or an "other act of terrorism" that is not subject to this exclusion, coverage does not apply to any loss or damage that is otherwise excluded under this Coverage Part. FMIT CA 1021 Page 19 of 20 PP. to any liability arising from or otherwise related to the Designated Member's Law Enforcement Activities. QQ. to any alleged violation of public records laws or public meetings laws contained in Chapter 119, Florida Statutes or Chapter 286, Florida Statutes, respectively, as both may be amended from time to time. RR. to any Claim, Suit or liability arising from the operation or failure of operation of any computer, computer system or other electronic data processing system or network of the Designated Member, or arising from the handling, mishandling or misuse of data stored or contained in any such device, system or network, or arising from any of the following: any data or computer systems that have been compromised, corrupted, seized or adversely affected without proper Member authorization (i.e., subject to "cyber-attack' or "hacking") by a third party, Member, a program, a computer virus or a software application; any threatened cyber-attack; any harm attributed to intemet-based services, activities or facilities provided by the Designated Member; any data or data privacy breach in violation of any law, rule or internal policy; any unauthorized or unlawful access of Designated Member's computers or computer -networks by a third party or by personnel; any unauthorized or unlawful release, disclosure or exposure of personal, private or confidential data by a third party or Member; or any misappropriation or misuse of a Designated Member's computer system or data by a third party or by the Member. HERBICIDEIPESTICIDE COVERAGE The Trust will pay for bodily injury or property damage caused directly by contact with herbicides or pesticides sprayed by the Member into the air. This coverage extension does not apply to bodily injury or property damage as described in Exclusion G of the Coverage Agreement. The limit of liability under this coverage extension is the amount of liability described in the General/Professional liability section of the Declaration Page or $1,000,000 aggregate per fund year, whichever is the lesser amount, subject to any deductible/self insured retention described on the Declarations Page. OTHER INSURANCE The coverage afforded by this Coverage Agreement is primary, except when stated to apply in excess of, or contingent upon the absence of, other insurance. When this coverage is primary and the Member has other insurance which is stated to be applicable to a covered Claim or Suit on an excess or contingent basis, the amount of the Trust's liability under this Coverage Agreement shall not be reduced by the existence of such other insurance. If any other insurance is valid and collectible against a covered Claim or Suit and provides for contribution by equal shares, the Trust shall not be liable for a greater proportion of such covered loss than would be payable if each party contributes an equal share until the share of each party equals the lowest applicable limit of liability under any one policy or coverage agreement or the full amount of the loss is paid, and with respect to any amount of loss not so paid the remaining parties then continue to contribute equal shares of the remaining amount of the loss until each such parry has paid its limit in full or the full amount of the loss is paid. If any such other insurance does not provide for contribution by equal shares, the Trust shall not be liable for a greater proportion of such covered loss than the applicable limit of liability under this Coverage Agreement for such loss bears to the total applicable limit of any other insurance which is valid and collectible against such loss. FM IT CA 1021 Page 20 of 20 THIS ENDORSEMENT CHANGES THE AGREEMENT. PLEASE READ IT CAREFULLY BROAD FORM PROPERTY DAMAGE ENDORSEMENT COVERAGE The Coverage Agreement is amended to include the following additional coverage: Coverage is provided for Property Damage to property owned by a person or entity other than the Designated Member, if any one of the following also applies to such property: A. Damaged while occupied by, used by, or rented to the Member; C. Damaged while the Member is exercising direct physical control of the property, while loaned to the Member or otherwise in the care, custody and control of the Member; or D. Damaged due to work performed upon it by the employees of the Designated Member, or damaged as a result of materials, parts or equipment furnished by the Designated Member for such work performed. EXCLUSIONS Exclusion M of the Coverage Agreement is amended to provide as follows: M. to property damage to property owned or occupied by, leased or rented to, a Member; however, for purposes of this endorsement, this exclusion shall not apply to any property owned by a person or entity other than the Designated Member; III. LIMIT OF LIABILITY Regardless of the number of Claims, Suits or property items involved, the most the Trust will pay for loss under this coverage is $500,000 in aggregate per Trust coverage year. FMIT BFPD 1022 Page 1 of 1 THIS ENDORSEMENT CHANGES THE AGREEMENT. PLEASE READ IT CAREFULLY LEGAL FEE REIMBURSEMENT Coverage The Coverage Agreement is amended to include the following additional coverage: The Trust will reimburse the Designated Member for the Legal Fees it paid an Attorney, up to a maximum of one hundred thousand dollars ($100,000) per Covered Action, as defined herein, subject to an aggregate limit of one hundred thousand dollars ($100,000) per Trust coverage year, and further subject to the following conditions: A. Coverage is available only after such Legal Fees are incurred by the Designated Member's Public Officer(s) and paid by the Designated Member for legal representation in a Covered Action; B. The Public Officer's conduct that gave rise to the Covered Action occurred while he or she was lawfully acting in his or her Official Capacity; C. The Designated Member promptly provides the Trust such documentation as is reasonably requested to substantiate the Legal Fees were incurred by the Public Officer and paid by the Designated Member; D. Coverage excludes reimbursement for any fines or penalties against the Public Officer resulting from a Covered Action. Additionally, the Trust will not reimburse the Legal Fees if the Public Officer is found to have breached the public trust, is otherwise found to have committed the violations alleged in the Covered Action or voluntarily enters a negotiated settlement with the governing administrative tribunal under which the Public Officer is sanctioned in any form for wrongdoing in an Administrative Proceeding Covered Action; and E. Coverage is subject to the Exclusions section of the Coverage Agreement as amended below in Section III of this endorsement. Definitions The Definitions Section of the Agreement is amended to include the following additional definitions which shall apply exclusively to this endorsement: A. "Attorney" means a person admitted by the Supreme Court of Florida to practice law in Florida and who is a Member in good standing of The Florida Bar. "Attorney" excludes the City Attorney or any other in-house or contract attorney used ordinarily by the Designated Member as general counsel to its operations. B. "Covered Action" means: 1. Administrative Proceeding Covered Action based upon alleged wrongdoing of the Public Officer(s) including the following: an administrative proceeding before the Florida Public Employees Relation Commission, the State of Florida Commission on Human Relations, the Federal Equal Employment Opportunity Commission, including matters that allege wrongdoing by the Designated Member as an employer; any Ethics Proceeding before the State of Florida Commission on Ethics or an ethics proceeding before any local ethics commission created by charter or ordinance which has jurisdiction over the alleged misconduct, including related appeals arising from any underlying administrative proceeding described herein; or FMIT ECLE 1021 Page 1 of 3 2. Non -Monetary Civil Court Covered Actions initiated by a third party in which the Designated Member is a named defendant and the form of relief or redress sought is an injunction or declaratory judgment. C. "Ethics Proceeding" means any proceeding designed to dispose of an ethics complaint initiated in the State of Florida Commission on Ethics or initiated in any local ethics commission created by charter or ordinance, alleging a Public Officer or group of Public Officers committed a breach of public trust, but excluding any portion of such proceeding prior to the issuance of an initial Determination of Investigative Jurisdiction and Order to Investigate by the Florida Commission on Ethics or the equivalent thereof by a local ethics commission. D. "Legal Fees" means the reasonable and related fees and costs charged to a Public Officer for representation in a Covered Action by an Attorney engaged in the practice of law. E. "Official Capacity" means the capacity of a Public Officer while lawfully acting for or on behalf of the Designated Member, or while lawfully acting in aid of the duties or functions which come within the scope of the Public Officer's office or governmental employment. "Public Officer" means any officer or employee of the Designated Member that satisfies the definition of "local officer" under §112.3145(1)(a), Florida Statutes, including but not limited to: anyone elected to any political subdivision of Florida or appointed to fill an elected office vacancy; any appointed Member of any boards, councils, commissions, authorities, or other bodies of any county, municipal, school district, independent special district or other political subdivision of Florida; Members of expressway and transportation authority boards; code enforcement boards; boards with power to create or modify land planning or zoning requirements within a political subdivision (excluding citizen advisory committees, technical coordinating committees, and such other planning and zoning groups who only have the power to make recommendations to planning or zoning boards); pension boards; any local board that has a self-imposed requirement to file full or limited public disclosure of financial interests; a mayor; a city manager or other chief administrative officer of a city, officers and officials of companies that contractually serve as chief city administrators of a city; a city attorney; a chief building inspector; an environmental or pollution control director; an administrator with power to grant or deny a land development permit; a city clerk; and a purchasing agent with authority to make purchases in excess of $20,000. III. Exclusions For purposes of the specified limit of coverage provided by this endorsement and related terms and conditions applicable to such coverage, the Exclusions section of the Coverage Agreement applies in all respects, except to the extent amended hereafter: Exclusion DD. is deleted and replaced as follows: DD. This coverage is excluded for any Claim or Suit seeking relief or redress in any form other than money Damages and any costs, fees, expenses or attorneys' fees relating to such Claims or Suits, except this exclusion shall not apply to the extent of limited Legal Fee reimbursement coverage for Non -Monetary Civil Court Actions as provided under all terms of this endorsement. Notwithstanding the foregoing exception permitting coverage for limited Legal Fee reimbursement arising from Non -Monetary Civil Court Actions, FMIT ECLE 1021 Page 2 of 3 coverage is nonetheless still excluded for all costs, fees, expenses, attorneys' fees, Claims or Suits, based upon or involving allegations. - seeking to enforce or invalidate Incidental Contracts, Interlocal Agreements or any other agreement(s) between the Member and others; seeking to enforce, invalidate or appeal any permit decision rendered on the basis of zoning, land development and/or building code regulations as the only claim or remedy pursued in a Suit and no other covered Claims for Damages; or iii. based on violations of federal, state or local procurement or bidding laws or requirements or based on election results, disputes or challenges. 2. Coverage under this endorsement is excluded where the Trust reasonably determines, in its sole discretion, coverage for the Covered Action arises under a different section of the Coverage Agreement. 3. Coverage is excluded for any Covered Action occurring outside the effective dates of this endorsement. FMIT ECLE 1021 Page 3 of 3 THIS ENDORSEMENT CHANGES THE AGREEMENT. PLEASE READ IT CAREFULLY FIRE LEGAL LIABILITY ENDORSEMENT FIRE LEGAL LIABILITY — REAL PROPERTY The Trust will pay for property damage to buildings, or parts thereof, which you rent from another, or which are loaned to you, if the property damage is caused by fire for which you are legally liable. Buildings include fixtures permanently attached thereto. All of the exclusions otherwise applicable to property damage do not apply to this coverage. However, the Trust does not cover: 1. liability arising under any contract or agreement to indemnify any person or organization for damage by fire to the premises; or 2. liability arising out of property damage: a. which is expected by, directed by, or intended by the insured; or b. that is the result of intentional or malicious acts of the insured. 3. the limit of property damage liability as respects this Fire Legal Liability Coverage — Real Property is $500,000 each occurrence unless otherwise stated in the schedule of this endorsement. 4. The Fire Legal Liability Coverage — Real Property shall be excess over any valid and collectible property insurance (including any deductible portion thereof), available to the Member, such as, but not limit to, Fire, Extended Coverage, Builders' Risk Coverage or Installation Risk Coverage, and the "Other Insurance" Condition of the Agreement is amended accordingly. FMIT FLL 1012 Page 1 of 1 THIS ENDORSEMENT CHANGES THE AGREEMENT. PLEASE READ IT CAREFULLY MEDICAL ATTENDANTS/MEDICAL DIRECTORS MALPRACTICE LIABILITY ENDORSEMENT COVERAGE The Coverage Agreement is amended to include the following additional coverage: It is agreed that the Trust will pay on behalf of the Member all sums which the Member becomes legally obligated to pay as damages because of injury to any person arising out of the rendering or failure to render, during the period of this Agreement, professional services by one of the Designated Member's emergency medical technicians or paramedics (collectively, "Medical Attendants) or Medical Director designated pursuant to Section 401.265, Florida Statutes. II. EXCLUSIONS A. For purposes of this Endorsement, Exclusion T shall not apply to Medical Directors and/or Medical Attendants, as provided above. B. This coverage does not apply to: 1. Any dishonest, fraudulent, criminal or malicious act or omissions of the Member, any partner or employee, any intentional misconduct or intentional act; 2. Liability of the Designated Member as an employer of others or as the proprietor, superintendent or executive officer of any hospital, sanitarium, clinic with bed and board facilities, or other business enterprise; 3. To professional services rendered by physicians and/or nurses; however, this exclusion does not apply to a Medical Director designated pursuant to Section 401.265, Florida Statutes, when said Director is acting within the scope and in furtherance of the duties of the Medical Director as outlined in Section 401.265, Florida Statutes. 4. To any Bodily Injury Liability, Property Damage Liability, Personal Injury Liability, Advertising Injury Liability, Products Liability and Completed Operations Hazard arising directly or indirectly out of a. Any actual or alleged failure, malfunction or inadequacy due to the inability to correctly recognize, process, distinguish, interpret or accept the year 2000 and beyond by: (1) Any of the following, whether belonging to any insured or to others: (a) Computer application software; (b) Computer networks- (c) Microprocessors (computer chips) not part of any computer system; (d) Computer operating systems and related software; (e) Computer hardware, including microprocessors; or (f) Any other computerized or electronic equipment or components; or (2) Any other products, and any services, data or functions that directly or indirectly use or rely upon, in any manner, any of the items listed in the preceding paragraph. b. Any advice, consultation, design, evaluation, inspection, installation, maintenance, repair, replacement or supervision provided or done by you or for you to determine, rectify or test for, any potential or actual problems described in paragraph a. above. FMIT MA 1018 Page 1 of 1 THIS ENDORSEMENT CHANGES THE AGREEMENT. PLEASE READ IT CAREFULLY PUBLIC OFFICIALS ERRORS AND OMISSIONS AND EMPLOYMENT PRACTICES LIABITIY ENDORSEMENT It is agreed the Designated Member's coverage provided by Coverage Agreement to which this endorsement is attached is amended by the following additional terms and conditions. Unless otherwise specified herein, all terms used in this endorsement shall have the meaning set forth in the Coverage Agreement. In the event of a conflict between any of the terms or conditions of the Coverage Agreement and this endorsement, this endorsement will control how coverage shall be applied. All references to "you" or "your(s)," shall mean the Designated Member, and all references to the "Trust," "we," or "our" shall refer to the Florida Municipal Insurance Trust. This endorsement issued by the Trust extends and modifies the provisions of the Agreement relating to coverage for Public Officials Errors and Omissions liability and Employment Practices Liability and it is agreed that as of the effective date hereof, the Coverage Agreement is amended in the following particulars: COVERAGE The COVERAGE Section of the Coverage Agreement is amended to provide the Trust will pay all sums which a Member becomes legally obligated to pay as Damages because of: Errors and Omissions Employment Practices Liability or Civil Rights Liability Claims if caused by an Occurrence which takes place during the coverage period of this Coverage Agreement. For purposes of this endorsement, Employment Practices Liability coverage includes defense and settlement of Claims arising before the State of Florida Commission on Human Relations or the Federal Equal Employment Opportunity Commission. Further, this endorsement shall be the sole source of Employment Practices Liability coverage owed by the Trust in the event any Claim, Suit or Occurrence includes allegations that trigger simultaneous coverage under this endorsement and any other Coverage Agreement provision, the parties' intent being to avoid coverage that duplicates or exceeds the coverage provided herein. II. DEFINITIONS The DEFINITIONS Section of the Coverage Agreement is amended to include the following additional definitions which shall apply exclusively to this endorsement. A. Member, for purposes of coverage under this endorsement shall not include any of the following individuals, boards, commissions, authorities, units or administrative departments or agencies of: 1. Schools 2. Airports 3. Hospitals FMIT EO 1022 Page 1 of 3 B. Official Capacity means the capacity of a Member while lawfully acting for or on behalf of the Designated Member, or while lawfully acting in aid of the duties or functions which come within the scope of the Members employment by the Designated Member. C. Civil Rights Liability means a Claim or Suit seeking Damages for alleged violation of individual civil rights pursuant to one or more of the following federal statutes: United States Code, Title 42, Section 1982 United States Code, Title 42, Section 1983 United States Code, Title 42, Section 1985 United States Code, Title 42, Section 1986 United States Code, Title 42, Section 12112 (ADA) United States Code, Title 29, Section 2601, et. seq. (FMLA) Civil Rights Act of 1991 III. EXCLUSIONS The EXCLUSIONS Section of the Coverage Agreement is amended as follows for this endorsement: A. Exclusion L of the Coverage Agreement is amended to read: to bodily injury to any employee of the Designated Member arising out of and in the course of employment by the Designated Member or to any obligation of a Member to indemnify another because of damages arising out of such injury; but this exclusion does not apply to liability assumed by the Designated Member under an incidental Contract. B. Exclusion BB of the Coverage Agreement is deleted. C. The following additional exclusions are included for purposes of this endorsement: This endorsement does not cover any Claim, Suit or liability arising out of the following: 1. based upon or attributable to any Member gaining any profit or advantage to which such Member was not legally entitled, including any remuneration paid in violation of law as determined by the courts; 2. brought about or contributed to by any alleged criminal, fraudulent, malicious or dishonest acts by any Member. 3. any (a) liability arising out of estimates of probable costs or cost estimates being exceeded, faulty preparation of bid specifications or plans, or (b) injury to, destruction or disappearance of, any tangible property (including money) or the loss of use thereof; 4. any Claim or Suit seeking relief or redress in any form other than money Damages and any costs, fees, expenses or attomeys' fees relating to such claims; FMIT EO 1022 Page 2 of 3 any obligation for which a Member becomes obligated to pay future wages as a result of any alleged wrongful Employment Practices Liability or Employee Benefit Program liability. any Bodily Injury Liability, Property Damage Liability, Personal Injury Liability, Advertising Injury Liability, Products Liability and Completed Operations Hazard arising directly or indirectly out of: a. any actual or alleged failure, malfunction or inadequacy due to the inability to correctly recognize, process, distinguish, interpret or accept the year 2000 and beyond by: (1) any of the following, whether belonging to any Member or to others: (a) Computer application software; (b) Computer networks; (c) Microprocessors (computer chips) not part of any computer system; (d) Computer operating systems and related software; (e) Computer hardware, including microprocessors; or (f) Any other computerized or electronic equipment or components; or (2) any other products, services, data or functions that directly or indirectly use or rely upon, in any manner, any of the items listed in the preceding paragraph. b. any advice, consultation, design, evaluation, inspection, installation, maintenance, repair, replacement or supervision provided or done by you or for you to determine, rectify or test for, any potential or actualproblems described in paragraph a. above. any liability for fines, punitive or exemplary damages; or any non - compensatory damages or penalties imposed pursuant to any federal or state anti-trust, civil rights, anti -discrimination, or racketeer influence and corrupt organization (RICO) laws; any Claim requesting return or reimbursement of a special assessment, tax, service charge, fine or fee or any other payment or overpayment to the Designated Member or Member; Any Claim, Suit or liability: arising from the management or funding of any individual or group pension plan or pension fund or any individual or group retirement savings plan or retirement savings account, whether or not administered by the Member; or arising from any amount or loss paid, payable or owed to a participant, a participant account, a participant's beneficiary or any other person or entity; arising from any loss for which fiduciary liability is alleged or imposed against the Member, whether based on the Employee Retirement Income Security Act of 1974, as amended, or any similar state, federal or local law; arising from Employee Benefit Program Administration Errors and Omissions; or arising from any failure to properly procure any insurance coverage, type or amount. FMIT EO 1022 Page 3 of 3 THIS ENDORSEMENT CHANGES THE AGREEMENT. PLEASE READ IT CAREFULLY LAW ENFORCEMENT LIABILITY ENDORSEMENT It is agreed the Designated Member's coverage provided by Coverage Agreement to which this endorsement is attached is amended by the following additional terms and conditions. Unless otherwise specified herein, all terms used in this endorsement shall have the meaning set forth in the Coverage Agreement. In the event of a conflict between any of the terms or conditions of the Coverage Agreement and this endorsement, this endorsement will control how coverage shall be applied. All references to "you" or'your(s)," shall mean the Designated Member, and all references to the 'Trust," "we," or "our" shall refer to the Florida Municipal Insurance Trust. COVERAGE The COVERAGE Section of the Coverage Agreement is amended to provide the Trust will pay all sums which a Member becomes legally obligated to pay as Damages because of: Bodily Injury Personal Injury Advertising Injury or Civil Rights Liability Claims if caused by an Occurrence arising in the course of your Law Enforcement Activities during the coverage period of this Coverage Agreement. DEFINITIONS The DEFINITIONS Section of the Coverage Agreement is amended to include the following additional definitions which shall apply exclusively to this endorsement: A. Civil Rights Liability means a Claim or Suit seeking Damages for alleged violation of individual civil rights pursuant to one or more of the following federal statutes: United States Code, Title 42, Section 1982 United States Code, Title 42, Section 1983 United States Code, Title 42, Section 1985 United States Code, Title 42, Section 1986 B. Law Enforcement Activities means the activities of the employees and expressly authorized agents of the Designated Member's police department who, at all times material to any Occurrence: (1) are in the course and scope of employment for the Designated Member's police department; (2) are Certified Law Enforcement Officers in good standing pursuant to all requirements of Florida law and rules; and (3) are not acting unlawfully, fraudulently, in bad faith, with a malicious purpose, nor in a manner exhibiting wanton and willful disregard for human rights, safety or property. FMIT LE 1018 Page 1 of 2 III. EXCLUSIONS The EXCLUSIONS Section of the Coverage Agreement is amended as follows for this endorsement: A. Exclusion PP. of the Coverage Agreement is deleted and replaced with the following: PP. to any Claim or other liability by third party for property damage arising from or related to the Designated Member's Law Enforcement Activities. This Law Enforcement Liability Endorsement excludes coverage for any alleged Employment Practices Liability or any other claim alleging harm or injury by your employees in relation to their employment. IV. LIMIT OF LIABILITY When coverage is provided by this Law Enforcement Liability Endorsement, the Trust's limit of liability for this coverage is included within, forms part of, and shall not exceed, the same Limit shown in the Declarations for Law Enforcement. FMIT LE 1018 Page 2 of 2 THIS ENDORSEMENT CHANGES THE AGREEMENT. PLEASE READ IT CAREFULLY INVERSE CONDEMNATION and BERT J. HARRIS JR. PRIVATE PROPERTY RIGHTS PROTECTION ACT I. The Coverage Agreement is amended as follows: A. Exclusion S shall not apply to the following extent: Any liability arising from a Claim or Suit alleging inverse condemnation by the Designated Member and/or alleging a cause of action under §§70.001 or 70.45 Florida Statutes, of the Bert J. Harris, Jr. Private Property Rights Protection Act, as may be amended from time to time. B. Inverse Condemnation and Bert J. Harris Jr. Private Property Rights Act Sub -limit: Regardless of the number of Occurrences, Claims or Suits, the Trust's total limit of liability for all Occurrences, Claims or Suits alleging a cause of action for inverse condemnation and/or the Bert J. Harris, Jr., Private Property Rights Protection Act shall be $300,000 per Claim, subject to an aggregate limit of $300,000 per Trust coverage year. Each Occurrence is subject to a deductible of $5,000 per Occurrence or the deductible or self -insured retention amount described on the Designated Member's Declarations Page, whichever is greater. The expenses incurred by the Trust to investigate, settle or defend any Claim or Suit covered under this endorsement shall reduce the applicable Limit of Liability provided above. FMIT IC BH A 1021 Page 1 of 1 THIS ENDORSEMENT CHANGES THE AGREEMENT. PLEASE READ IT CAREFULLY SPECIFIC EXCESS ENDORSEMENT - GENERAL LIABILITY This endorsement, when issued by the Florida Municipal Insurance Trust, does not in any way modify the provisions of the Coverage Agreement. It does extend the monetary limits of liability, as stated in the Limits of Liability in the Declarations, as set forth below: It is agreed that the specific limits of liability are $ 5,000,000 (combined single limit) per Occurrence, for liability resulting from passage of a legislative claims bill and pursuant to Section 768.28(5), Florida Statutes, or liability imposed pursuant to Federal Law, or to any liability resulting from actions taken outside of the State of Florida where it is determined by a court of competent jurisdiction that the liability limitations contained in Section 768.28(5), Florida Statutes, are inapplicable, if such liability is covered by the Agreement. The limits provided herein are inclusive of the $200,000 each person and $300,000 each occurrence liability limitations contained in Section 766.28 (5), Florida Statutes, but in no way exceed $ 5,000,000 (combined single limit) per Occurrence. Exclusion Y is amended as follows: To any damages imposed by an act of the legislature, except for claims bills passed by the legislature pursuant to Section 768.28(5), Florida Statutes, against a Member, for damages covered under the terms of this Agreement. FMIT SE GL 1021 Page 1 of 1 THIS ENDORSEMENT CHANGES THE AGREEMENT. PLEASE READ IT CAREFULLY CRISIS INTERVENTION EXPENSE ENDORSEMENT Subject to an annual aggregate limit of $25,000, the Trust will reimburse incurred expenses for the following crisis intervention services for a Member when a Crisis occurs.- (1) On -site Crisis and grief counseling for employees or officials of Member who have undergone a Personal Crisis for a period of one (1) week after the Crisis occurs. (2) 24-hours a day, 7-days a week Crisis hotline for a period of up to three (3) months after the Crisis occurs. (3) Crisis follow-up and relapse prevention services for those employees or officials of Member on an as needed basis by a licensed professional for a period of up to three (3) months after the Crisis occurs. (4) A public relations specialist to assist in handling Crisis related external communications with electronic, print, television and/or radio media for up to thirty (30) days after the Crisis occurs. For purposes of this endorsement only: Crisis occurs when an event resulting in loss of life or serious injury to others causes Member employees or officials to suffer a Personal Crisis. The event causing the Personal Crisis must arise during the discharge of duties by the employee or official on behalf of Member. Personal Crisis means an acute response to an event wherein homeostasis is disrupted, and one's usual coping mechanisms have failed, and there is evidence of significant stress or functional impairment as diagnosed by a licensed physician. The coverage provided by this endorsement shall be secondary to a Member's employee assistance program or other employee benefit plan that provides crisis intervention or recovery services. FMIT CIE 1011 Page 1 of 1 THIS ENDORSEMENT CHANGES THE AGREEMENT. PLEASE READ IT CAREFULLY SEWERLINE BACKUP INITIAL CLEANUP EXPENSE It is agreed the Designated Member's coverage provided by the Coverage Agreement to which this endorsement is attached is amended by the following additional terms and conditions. Unless otherwise specified herein, all terms used in this endorsement shall have the meaning set forth in the Coverage Agreement. In the event of a conflict between any of the terms or conditions of the Coverage Agreement and this endorsement, this endorsement will control how coverage shall be applied. All references to `you" or "your(s)," shall mean the Designated Member, and all references to the "Trust," "we," or `our" shall refer to the Florida Municipal Insurance Trust. LCOVERAGE The Trust will reimburse the costs of initial water extraction, drying and/or cleanup if sewage and/or wastewater backup occurs ("Backup Occurrence") within a residential or commercial property owned by a third -party ("Affected Property"), subject to the following coverage conditions: 1. The Trust determines the relevant sewer line is owned, operated and/or maintained by the Designated Member and the Backup Occurrence arose from a sewer line obstruction or other malfunction outside of the Affected Property's lateral sewer line and boundary lines; 2. The property affected by the sewerline Backup Occurrence is not owned by the Designated Member; 3. Payment hereunder is limited to reimbursement of the Designated Member; however, the Trust may directly pay the selected cleanup services provider if the provider has not yet been paid for services covered by this endorsement; 4. The coverage provided hereunder is limited to payment for the reasonably incurred costs of initial water extraction, drying and/or cleanup following a Backup Occurrence and other reasonable and related expenses as determined by the Trust; and 5. The coverage provided hereunder is not subject to any deductible or self -insured retention. II. LIMIT This coverage is limited to $10,000.00 per Affected Property, subject to a maximum of $200,000.00 in the aggregate per Trust coverage year. III. EXCLUSIONS The Exclusions Section of the Coverage Agreement shall continue to apply to this coverage in addition to the following endorsement -specific exclusions: FMIT SBU 1021 Page 1 of 2 Any Claim, Suit or liability based any Backup Occurrence arising from, or in conjunction with, any of the following: a. Flood, meaning a rising and overflowing of a body of water onto normally dry land; or the unusual and rapid accumulation or runoff of surface waters from any source, including water which backs up through sewers or drains as a result of any of the foregoing; or b. Named Storm, meaning a named windstorm weather condition that is officially declared by the National Hurricane Center of the National Weather Service to be a Tropical Storm or Hurricane. FMIT SBU 1021 Page 2 of 2 I. DESIGNATED MEMBER: FLORIDA LEAGUE OF CITIES SPONSORED INSURANCE PROGRAMS DECLARATIONS Town of Gulf Stream Address: 100 Sea Road Gulf Stream, FL 33483 II. COVERAGE PERIOD From October 1, 2022 to October 1, 2023 12:01 A.M. Standard Time at the address of the Designated Member. Ill. AGREEMENT NUMBER Florida Municipal Insurance Trust (FMIT) FM IT #0228 IV. COVERAGES INCLUDED General Liability Breach Response & Cyber Liability Automobile Property Workers' Compensation V. ESTIMATED ANNUAL PREMIUM Normal Expense Incentive Net Premium Constant Credit Premium $252,368 $160 $(8,184) $244,344 October 1, 2022 Signature of Authorized Representative Date FLORIDA MUNICIPAL INSURANCE TRUST AUTOMOBILE LIABILITY AND PHYSICAL DAMAGE DECLARATIONS I. DESIGNATED MEMBER: Town of Gulf Stream II. GOVERNMENT DESCRIPTION Municipality III. COVERAGE PERIOD Agreement No.: FMIT #0228 From 10/01/2022 to 10/01/2023 12:01 A.M. Standard Time at the address of the Designated Member IV. AUTOMOBILE 1. Automobile Liability Number of Vehicles 2. Uninsured Motorists Protection 3. Personal Injury Protection 4. Automobile Medical Payments 5. Automobile Physical Damage Premium Deductible/ Net Basis Type Limit Premium Per Schedule $0 $5,000,000 $4,786 10 N/A N/A $10,000 Included N/A N/A Per Schedule Per Schedule N/A $2,761 V. This Agreement includes these endorsements and schedules: See Schedule B VI. ESTIMATED ANNUAL PREMIUM Florida Municipal Insurance Trust (FMIT) Normal Premium $7,547 Florida League of Cities Sponsored Insurance Programs Since 1977 THIS DECLARATIONS AND THE SUPPLEMENTAL DECLARATIONS, TOGETHER WITH THE COMMON CONDITIONS, COVERAGE FORM(S) AND ENDORSEMENTS COMPLETE THE ABOVE NUMBERED AGREEMENT. FMITAUTO DEC 1022 Page 1 of 2 FMIT AUTOMOBILE LIABILITY AND PHYSICAL DAMAGE COVERAGES Form # FMITAUTO SCH 1002 FMIT COND 1019 FMIT CA 1021 FMITAL 1019 FMIT PIP 1014 FMITAPD 1016 FMITARR 1009 FMIT SEAL 1021 FMITAE 1020 October 1, 2022 - October 1, 2023 Scheduled Coverage Forms List Town of Gulf Stream, FMIT #0228 Schedule B Description Automobile Schedule Conditions of Coverage Coverage Agreement Automobile Liability Personal Injury Protection Automobile Physical Damage Coverage Form Rental Reimbursement Coverage Specific Excess Endorsement - Automobile Liability Employer - Provided Vehicles - Automobile Liability FMITAUTO DEC 1022 Page 2 of 2 Automobile Schedule Town of Gulf Stream, FMIT #0228 10/01/2022 - 10/01/2023 Veh # Eff Date Exp Date City # Code Year Make Liab PIP Med Pay Description um Comp Ded SP Ded ID # Coll Ded Cost New Phy Dmg Total Prem 0 10/1/2022 10/1/2023 NON OWNED AUTOS $0 6638 $208 $0 $0 $0 n/a n/a n/a $0 $208 0 10/1/2022 10/112023 HIRED AUTOS $0 6619 $208 $0 $0 $0 Na n/a n/a $0 $208 1 10/1/2022 10/112023 2017 FORD EXPLORER POLICE 9873 $26,259 7911 $450 $12 $0 $0 $100 n/a $250 $346 $808 2 10/1/2022 10/1/2023 2017 FORD EXPLORER POLICE 9972 $26,259 7911 $450 $12 $0 $0 $100 n/a $250 $346 $808 3 10/1/2022 10/1/2023 2017 FORD F-250 TRUCK 0508 $25,000 7912 $704 $17 $0 $0 $100 n/a $250 $223 $944 4 10/112022 10/112023 2019 FORD 4 DR 4439 $37,476 7911 $450 $12 $0 $0 $100 n/a $250 $395 $857 5 10/1/2022 10/1/2023 2019 FORD 4 DR 4437 $37,476 7911 $450 $12 $0 $0 $100 n/a $250 $395 $857 6 10/1/2022 10/11/2023 2006 FORD TRUCK 9427 $15,883 7912 $704 $17 $0 $0 $100 n/a $250 $119 $840 7 10/1/2022 10/1/2023 2000 THOMPSON TRAILER 4115 $5,000 68499 $77 $1 $0 $0 $100 n/a $250 $27 $105 8 10/1/2022 10/1/2023 2020 FORD EXPLORER 0848 $37,432 7911 $450 $12 $0 $0 $100 n/a $250 $418 $880 9 10/1/2022 10/112023 2020 FORD EXPLORER 6800 $35,432 7911 $450 $12 $0 $0 $100 n/a $250 $418 $880 10 10/1/2022 10/112023 2020 DUMP TRAILER 1272 $6,287 68479 $77 $1 $0 $0 $100 n/a $250 $74 $152 Total Normal Premiums $4,678 $108 $0 $0 $2,761 $7,547 Normal Premium $7,547 Net Premium $7,547 Page 1 of 1 FLORIDA MUNICIPAL INSURANCE TRUST CONDITIONS OF COVERAGE As a Member of the Florida Municipal Insurance Trust, Member agrees to abide by all requirements, terms and conditions authorized by, and set forth within, the Agreement and Declaration of Trust creating the Trust, including the following generally applicable conditions of coverage: CONDITIONS A. The Member agrees in the event of payment of any loss by the Trust on behalf of the Member, the Trust shall be subrogated to the extent of such payment to all the rights of the Member against any party or other entity legally responsible for damages resulting from said loss, and in such event, the Member hereby agrees, on behalf of itself, its officers, employees, and agents to cooperate with and otherwise assist the Trust as may be necessary to effect any recovery sought by the Trust pursuant to such subrogated rights and to do nothing that will impair the rights of the Trust herein described. The Member further agrees, the Trust shall control all aspects of subrogation recovery efforts. In its discretion, the Trust may seek recovery of the applicable Member deductible or self -insured retention and in such event, will return to the Member the proportionate amount of the Member deductible or self -retention, less the proportionate amount of attorney's fees and related costs incurred by the Trust to effect the recovery. The Member agrees the Board of Trustees, its Administrator, and any of their other agents, servants, employees or attorneys, shall be permitted at all reasonable times and upon reasonable notice to inspect the property, work places, plants, works, machinery and appliances covered pursuant to this Agreement or any other agreement, certificate, document, or other instrument executed by the Member and the Trust pursuant to this Agreement, and shall be permitted at all reasonable times while the Member participates in the Trust, to examine the Members' books, vouchers, contracts, documents and records of any and every kind which show or tend to show or verify any loss that may be paid or may have been paid by the Trust on behalf of the Member pursuant to this Agreement, or any other agreement, certificate, document, or other instrument executed by the Member and the Trust pursuant to this Agreement, or which show or verify the accuracy of any contribution which is paid or payable by the Member pursuant to the terms of this Agreement, or any other agreement, certification, document or any other instrument executed by the Trust and the Member pursuant to this Agreement. The Member further agrees that in the event of a significant loss occurrence affecting insured property or premises, FMIT or its agents are expressly authorized to enter the insured property and premises to perform loss assessment, adjustment and related activities. However, neither the Trust, its Board of Trustees, its Administrator, nor any of their agents, servants or employees will have any liability to the Member or others because of any inspection or failure to inspect. C. The Member shall make prompt payment of all contributions as required by the Board of Trustees, said contributions to be determined by said Board. Contribution requirements may be estimated based on Member -provided information and subject to change pursuant to final audit. The Member shall fully cooperate with auditors of the Trust to promptly determine final audited contributions. Any disputes concerning contributions shall be resolved after payment. Any objections concerning the final FMIT COND 1019 Page 1 of 3 audited contribution shall be filed within 60 days of billing of the final audited contributions. After that time, the final audited contribution amount shall be considered final. D. Members' duties after loss: 1. give the Trust prompt written notice of any accident, occurrence or potential claim along with all relevant information conceming the claim. The Member shall have a continuing duty to provide to the Trust all relevant information promptly as the Member becomes aware of such information; and 2. cooperate fully with the Trust in defense or settlement of claims or opposition to claims bills, and in the enforcement of any right of contribution or indemnity; and 3. forward to the Trust every notice, demand, summons or other process served upon the Member relating to any occurrence, and take no further action concerning the occurrence without the approval of the Trust or the servicing agent; and 4. take reasonable steps to prevent additional or cumulative bodily injury, personal injury or property damage from or arising out of the same or similar conditions or circumstances-, and 5. not engage in settlement negotiations as to any claim or suit, and the Trust shall have no obligation to pay the amount of any settlement negotiated or agreed upon by a Member without prior written approval by the Trust or the servicing agent; and 6. agree to take all reasonable actions, where appropriate, which shall facilitate settlement of claims; and 7. agree to responsible counsel selected by the Trust to defend the claim and agree not to use the City Attorney or any other in-house or contract attorney used ordinanly by the Designated Member as general counsel to its operations to defend said action, unless otherwise provided in this Trust Agreement; and 8. keep all bills, receipts and related documents that establish the amount of loss; and 9. furnish a complete inventory of the lost, damaged and destroyed property, showing in detail the quantity and amount of loss claimed under the valuation provision of the Coverage Agreement; and 10. promptly separate the damaged property from the undamaged property, and keep it in the best possible order for examination; and 11, take all reasonable steps to protect the covered property from further damage; and 12. give notice of such loss to the proper authorities if the loss may be due to a violation of the law; and 13. refrain from any intentional efforts (whether by statements, actions or agreements) that: (1) harm, undermine, injure or conflict with the known legal strategy put forth by the Trust; (2) that are against the Member's self- interest or the interest of the Trust-, (3) that are contrary to the Member's pecuniary or proprietary interest, or that of the Trust-, or (4) that tend to subject the Member or the Trust to liability or expand existing liability; E. Transfer of Member's rights and duties under this Agreement. Members' rights and duties under this Agreement may not be transferred without our written consent. This applies to all coverages under this Agreement or any that may be added after the effective date of this Agreement. Should the Members' rights and duties be transferred to a legal representative, they may act FMIT COND 1019 Page 2 of 3 only within their scope of duties with regard to this Agreement. Until your legal representative is appointed, anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. F. Required Member contributions shall be in addition to the deductible amount, if any, as set forth in the declarations to the Coverage Agreement. Where such deductible amount is required, coverages arising under this Agreement shall be in excess of such deductible. The Trust may pay on behalf of the Member all or any portion of the deductible amount and upon notification by the Trust of such payment, the Member shall promptly reimburse the Trust for any portion of the deductible the Trust has paid. G . In the event any claim or suit results in liability against the Member for which there is coverage under this Agreement and which is reasonably likely to be submitted to, or is submitted to, the legislative claims bill process in the Florida Legislature, the Member agrees, on behalf of itself, its officers, employees, and agents, that the Trust shall have the right to control its representation in such matter before the legislative branch of the state government. Further, the Member agrees to execute and deliver such instruments and papers as required by the Trust, to cooperate with any attorney or other representative retained by the Trust, to provide relevant testimony if required by the Trust, to do whatever else is reasonably necessary in the interest of defending such claim or suit in the legislative claims bill process and to do nothing that will impair or conflict with the rights of the Trust herein described. Additionally, the Member shall refrain from any intentional efforts (whether by statements, actions or agreements) that harm, undermine, injure or conflict with the known legal or legislative defense strategy being put forth by the Trust, that are against the Member's self-interest, that are contrary to the Member's pecuniary or proprietary interest, or that of the Trust, or that tend to subject the Member or the Trust to liability or expand existing liability. H. The Member agrees that in the event of any legal issue between the Trust and any Member requiring disposition by a court of law, including any determinations of whether and/or the extent to which coverage exists, this Agreement, or any other agreement, certificate, document, or other instrument executed by the Trust and the Member pursuant to this Agreement, shall be deemed to have been made in Orange County, Florida and venue shall lie in the appropriate state or federal courts of Orange County, Florida. FMIT COND 1019 Page 3 of 3 FLORIDA MUNICIPAL INSURANCE TRUST APPLICABLE TO: GENERAUPROFESSIONAL LIABILITY AND AUTOMOBILE COVERAGE In consideration of the Designated Member's payment of the required contributions and the covenants and terms set forth in (a) the Conditions of Coverage, (b) the Member's Application for Participation including the statements and representations contained therein, (c) the Declarations and (d) the Coverage Agreement including coverage endorsements, terms, conditions, limits of liability, exclusions and other provisions thereof (a, b, c, and d hereinafter collectively forming and referred to as the "Coverage Agreement"), the Florida Municipal Insurance Trust (hereinafter the "Trust") hereby enters this Coverage Agreement with the Member as follows: COVERAGE The Trust will pay all sums which a Member becomes legally obligated to pay as Damages because of: Bodily Injury Property Damage Personal Injury, or Advertising Injury to which this Coverage Agreement and any endorsements thereto apply if caused by an Occurrence which takes place during the coverage period of this Coverage Agreement. As a pre -requisite to any coverage provided by the Trust under this Coverage Agreement, the Member expressly agrees to each of the Conditions contained in the Conditions of Coverage provided with this Coverage Agreement, along with the provisions of the Coverage Agreement and Declaration of Trust creating the Florida Municipal Insurance Trust and any rules, policies and procedures adopted by the Trust, which shall be deemed part of this Coverage Agreement, whether expressly restated herein or not. LIMIT OF LIABILITY A. Regardless of the number of (1) Members covered by this Coverage Agreement, (2) persons or organizations who sustain injury or damage, or (3) Claims made or Suits brought because of bodily injury, property damage, personal injury or advertising injury, the liability of the Trust is limited as follows: The most the Trust will pay for each covered Occurrence including, but not limited to, Damages, damage awards for derivative claims, taxable costs, claimant attorney's fees, and prejudgment or post -judgment interest, shall not exceed the sum shown in Declarations under the column referred to as "Limit" beside the respective line of coverage the Trust applies to the given Occurrence, when such line of coverage is part of the Designated Member's Coverage Agreement, subject to any further coverage restriction or limitation whose application is described with greater specificity elsewhere within the Coverage Agreement or the applicable endorsement. Unless otherwise specified, the costs and expenses necessary to investigate and defend any Claim or Suit to which this Coverage Agreement applies shall not reduce the Limit of Liability. For the purpose of determining the limit of the Trust's liability, all Damages arising out of continuous or repeated exposure to substantially the same general conditions shall be considered as arising out of one Occurrence, as that term is defined herein. FMIT CA 1021 Page 1 of 20 Limit of Liability for Sexual Abuse. The most the Trust will pay for all Claims or Suits alleging Sexual Abuse or Sexual Action and related Damages shall not exceed a limit of $3,000,000 in the aggregate per Trust coverage year. DEFENSE AND SETTLEMENT The Trust will settle or defend, as it considers appropriate, any Claim or Suit demanding Damages covered by this Coverage Agreement. The Trust will defend any Suit against a Member which alleges a Claim for Damages covered by this Coverage Agreement even if such Suit is eventually found groundless, false or fraudulent. However, the Trust has no duty to defend or indemnify a Member in any Claim or Suit which alleges facts excluded or not covered by this Coverage Agreement. In the event a Suit contains allegations which allege Damages which the Trust has a duty to defend and other allegations which allege Damages the Trust does not have a duty to defend, the Trust will defend the Suit subject to the terms, conditions, limits of liability and exclusions of the Coverage Agreement; however, undertaking such defense shall not obligate the Trust to pay any judgments, settlements or awards which a Member becomes legally obligated to pay for allegations to which coverage does not apply. The Trust's duty to defend ends when applicable Limits of Liability have been exhausted. As a condition of coverage under this Coverage Agreement, the Member agrees that settlement of any Claim or Suit may involve the payment of proceeds and/or the taking or forbearing to take certain actions by the Member. Accordingly, the following requirements shall apply to all settlement efforts by the Trust and any party acting as the Trust's appointed representative or agent: For any Occurrence resulting in a Claim or Suit for Damages, if the Trust gives written notice of its recommendation for settlement, including the payment of proceeds to settle a Claim or Suit and/or the taking or forbearing to take certain actions by the Member, and the Member does not affirmatively accept such recommendation within a reasonably requested time period contained in the notice, not to exceed thirty (30) days following receipt of such notice, the Trust's sole coverage obligation to the Member shall then not exceed the lesser of: a. The sum for which the Claim or Suit could have been settled at the time set forth in the notice of the Trust's recommendation for settlement; and b. The unpaid costs and expenses incurred by the Trust to defend the Claim or Suit through the date on which the Member was required to provide its affirmative acceptance of the recommendation for settlement; or c. If less than the sum of a. and b. above, the unused portion of the stated limit of liability contained within the Declarations, less any self -insured retention or deductible amounts owed by the Member. 2. In its application of the foregoing provision, the Trust shall have no obligation to provide prior notice or obtain prior authorization of the Member or its legal counsel before making any proposed settlement, actual settlement or partial settlement of any Claim or Suit covered under this Coverage Agreement. FMIT CA 1021 Page 2 of 20 As a condition of coverage under this Coverage Agreement, the Member agrees: For any Occurrence resulting in a Claim or Suit for Damages for which coverage under this Coverage Agreement is sought, the Trust, in its sole discretion, may investigate; settle; coordinate the defense of Claims or counts within Suits which may not be expressly covered by this Coverage Agreement but which provide strategic benefits through coordinated litigation; and/or use of any other Claim defense measures permitted by applicable state law or rules of attorney professional conduct, without the prior consent or approval of the Member. 2. The Trust shall have no obligation to retain more than one attorney to defend all Members involved in any Occurrence resulting in a Claim or Suit for Damages covered by this Coverage Agreement, absent a clearly expressed conflict of interest by the attorney initially retained by the Trust. 3. The Trust shall remain in control of the defense for any Occurrence resulting in a Claim or Suit for Damages for which the Trust is obligated to provide a defense or elects to provide a defense to the Member, notwithstanding any of the following: a. There is more than one defendant against whom a Claim or Suit is brought; b. There is any real or perceived conflict between or among the Trust, any Member or any defendant(s) involved in any Claim or Suit; c. The Trust has reserved its right to deny or limit its coverage in any Claim or Suit; d. The Trust or the Member initiates any Claim or Suit against any other Trust Member. In the event any court of competent jurisdiction orders the Trust to provide attorney representation beyond the attorney(s) retained by the Trust to defend any Claim or Suit, the Member shall be entitled to the fees and charges for such court -ordered attomey representation only to the extent of usual, customary and reasonable legal fees and charges ordinarily paid to attorneys retained by the Trust. DEFINITIONS The following definitions apply throughout this Coverage Agreement unless modified or excluded: A. Advertising Injury, means injury arising out of an offense committed during the Coverage Agreement period occurring in the course of the Designated Member's advertising activities if such injury arises out of libel, slander, defamation, violation of right of privacy, oral or written publication of material, misappropriation of advertising ideas or style of doing business, or infringement of copyright, title, or slogan. B. Agreement Territory, means the United States of America, its territories and possessions, Puerto Rico and Canada. C. Automobile, means a land motor vehicle, trailer or semi -trailer designed for travel on public roads (including any machinery or apparatus attached thereto), or any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged. However, "automobile" does not include "mobile equipment' and does not include any vehicle designed for travel on public roads that is operating through use of autonomous technology without a licensed driver in position to provide active control. FMIT CA 1021 Page 3 of 20 D. Bert J. Harris, Jr., Private Property Rights Act Claim, means a Claim alleging a cause of action authorized by section 70.001, Fla. Stat., as amended from time to time. E. Intentionally left blank. F. Bodily Injury, means bodily injury, sickness or disease sustained by a person, including death resulting from any of these at any time resulting from an Occurrence during the period of this Coverage Agreement. G. Communicable Disease includes but is not limited to Acquired Immune Deficiency Syndrome (AIDS), and any other sexually transmitted disease. H. Designated Member, means the entity, organization or constitutional officer named in Item I. or V. of the Declarations of this Coverage Agreement; Designated Member does not include employees or agents of that entity or organization. I. Designated Member's Products, means goods or products manufactured, sold, handled, or distributed by the Designated Member or by others trading under his name, including any container thereof (other than a vehicle), but "Designated Member's Products" shall not include a vending machine or any other property rented to, or located for use of, others but not sold. J. Elevator, means any hoisting or lowering device to connect floors or landings, whether or not in service, and all appliances thereof; but does not include an automobile servicing hoist, a material hoist used in alteration, construction or demolition operations, or an inclined conveyor used exclusively for carrying property or a dumbwaiter. K. Employee Benefit Program, means any pension and profit sharing plan; individual retirement account (IRA) plan; salary reduction plan under internal Revenue Code §§ 401 (k), 457(b) or similar retirement savings provisions; employee stock subscription plan, savings plan; group plan for life, health, dental, disability, automobile, home owners, or legal services insurance; social security system benefits; workers' compensation and unemployment insurance; travel, sick leave -time plan; vacation leave -time plan; or educational tuition reimbursement plan created, administered or endorsed by a Designated Member. Employment Practices Liability means liability arising from a Claim or Suit alleging Damages as a result of any of the following acts or omissions by the Designated Member which occur in its capacity as an employer: 1. discrimination, (including but not limited to discrimination based upon age, gender, race, color, national origin, religion, sexual orientation or preference, pregnancy or disability); 2. employment -related misrepresentation(s) to an employee or applicant for employment with the Designated Member; 3. failure to grant tenure; 4. failure to provide or enforce adequate or consistent policies and procedure relating to any Employment Practices Violation; 5. harassment (including sexual harassment whether "quid pro quo", hostile work environment or otherwise); FMIT CA 1021 Page 4 of 20 6. retaliation (including lockouts) or alleged employment decisions involving violation of any state or local whistleblower protection law; 7. wrongful deprivation of career opportunity, wrongful demotion or negligent employee evaluation, including the giving of negative or defamatory statements in connection with an employee reference; 8. wrongful discipline; 9. wrongful dismissal, discharge or termination, either actual or constructive; 10. wrongful failure to employ or promote; and 11. violation of an individual's civil rights relating to any of the above but only if the alleged act or omission relates to an employee or applicant for employment with the Designated Member whether direct, indirect, intentional or unintentional. M. Errors and Omissions, means any error, omission, misstatement, neglect or breach of duty by the Member while lawfully acting within the Member's official capacity or scope of employment for the Designated Member, whether the Member is acting individually or collectively, for which a Claim alleging Member liability for Damages is made. As defined, Errors and Omissions excludes any Claim, Suit or liability for: Bodily Injury, Property Damage, Personal Injury; Advertising Injury; Employment Practices Liability, Civil Rights Liability; Law Enforcement Liability or Employee Benefit Program Administration Errors and Omissions liability; excludes any failure to obtain any insurance coverage of any type or amount.; excludes any matters arising before the Florida Commission on Ethics or before any local ethics commission created by charter or ordinance; and excludes any Claim otherwise expressly excluded from coverage elsewhere within the Coverage Agreement. Incidental Contract, means a written (a) lease of premises, (b) easement or license agreement granted to the Member, except in connection with construction or demolition operations on or within 50 feet of a railroad (c) obligation to indemnify a municipality, as required by municipal ordinance, except in connection with work for a municipality (d) an elevator maintenance agreement; (e) Interlocal Agreement or (f) contract otherwise entered by the Member for which tort liability would be imposed against the Member even in the absence of the contract, but does not include any contract that: involves the provision of professional services by an architect, engineer or surveyor; seeks to impose liability under a warranty of the fitness or quality of the Member's products or a warranty that work performed by or on behalf of the Member will be done in a workmanlike manner; seeks to hold harmless and/or indemnify any person or entity excluded from the scope of Section 768.28, Fla. Stat.; seeks to make the Member liable for any Claim, loss or Damages proximately caused by the negligent act or omission of another party, its directors, officers, employees, contractors and/or agents; seeks to waive the Member's sovereign immunity or extend the Member's tort liability beyond the limits expressly provided in Section 768.28 Fla. Stat.; seeks to impose contractual liability on the Member for underlying tort Claims beyond the limits expressly provided in Section 768.28 Fla.Stat.; or does not otherwise comply with the express provisions of Section 768,28 Fla. Stat. O. Incidental Medical Malpractice Injury, means Bodily Injury arising out of the rendering of or failure to render medical services or treatment by a Member who is not a medical or paramedical professional of any type during the period of this Coverage Agreement, including the following services: medical, surgical, dental, x-ray or nursing service or treatment or the furnishing of food or beverages in connection therewith; or FMIT CA 1021 Page 5 of 20 the furnishing or dispensing of drugs or medical, dental or surgical supplies or appliances. P. Interlocal Agreement, means an agreement that is authorized by and entered pursuant to Chapter 163, Fla. Stat. and that complies with the express provisions of Section 768.28 Fla. Stat. Q. Inverse Condemnation, means any affirmative regulatory action by a Designated Member resulting in the deprivation of substantially all economically beneficial or productive use of private property and the resulting cause of action by the affected property owner to recover any loss in monetary value resulting from the regulatory action. As defined, "inverse condemnation" excludes any physical taking of property or diminution of access to property, by whatever means and whatever name called. R. Loading or unloading, means the handling of property: after it is moved from the place where it is accepted for movement into or onto an aircraft, watercraft or "auto;" while it is in or on an aircraft, watercraft or "auto;" or while it is being moved from an aircraft, watercraft or "auto" to the place where it is finally delivered; but 'loading or unloading" does not include the movement of property by means of a mechanical device, other than a hand truck, that is not attached to the aircraft, watercraft or "auto." S. Member, as used herein means. - the Designated Member; and while acting within the scope of his employment, any officer (except constitutional officers), volunteer, servant, or employee of the Designated Member, including elected and appointed officials, and members of Boards or Commissions created by the Designated Member. However, the coverage so provided any officer, servant, or employee does not apply to bodily injury to another officer, servant or employee of the Designated Member injured in the course of and arising out of his employment. The coverage afforded applies separately to each Member against whom Claims are made or Suits are brought, except with respect to the limits of liability of the Trust and does not apply to any Claim, Suit or liability arising out of the conduct of any partnership or joint venture of which a Member is a partner or participant and which is not specified in this Coverage Agreement as a Designated Member. T. Mobile Equipment, means a land vehicle (including any machinery or apparatus attached thereto), whether or not self propelled, (a) not subject to motor vehicle registration, or (b) maintained for use exclusively on premises owned by or rented to the Designated Member, including the ways immediately adjoining, or (c) designed for use principally off public roads, or (d) designed or maintained for the sole purpose of affording mobility to equipment of the following types forming an integral part of or permanently attached to such vehicle: power cranes, shovels, loaders, diggers and drills; concrete mixers, graders, scrapers, rollers and other road construction or repair equipment; air compressors, pumps and FMIT CA 1021 Page 6 of 20 generators, including spreading, welding and building leaning equipment; and geophysical exploration and well servicing equipment. U. Mold, Spores and/or Fungus, means any mold, spores and/or fungus of any type of nature whatsoever that can cause or threaten harm to any living organism (including human health or human welfare, or the health or welfare of any animal or plant) or can cause or threaten physical damage, deterioration, loss of use, and/or loss of value or marketability, to any tangible property whatsoever. This includes, but is not limited to, any type(s) of mold, spores and/or fungus that are harmful or potentially harmful to health or welfare (such as Stachybotrys and others), or that are damaging or potentially damaging to tangible property (such as wet or dry rot, mildew and others) or that can otherwise cause or threaten to cause bodily injury, property damage, personal injury or advertising injury or any kind whatsoever. V. Occurrence, means an event or accident, including continuous or repeated exposure to substantially the same general harmful conditions, which results in a Claim for Damages covered by this Coverage Agreement and not arising from any form of intentional misconduct. It is agreed that a single Occurrence shall be deemed to arise in the event one or more alleged Claims is based on a series of similar causes or a common nucleus of operative facts: 1. that happen over a period of time; or 2. that happen repeatedly; or 3. that form a course of conduct; or 4. that involve ordinances, resolutions, policies, procedures or legislative enactments that involve the same or substantially similar subject matter; or 5. that involve the adoption or enforcement, failure to adopt or failure to enforce: ordinances, resolutions, policies, procedures or legislative enactments that involve the same or substantially similar subject matter; or 6. that are certified by a court of competent jurisdiction to form the basis for class- action litigation. W. Personal Injury, means injury sustained by any person or organization arising out of one or more of the following offenses committed during the term of this Coverage Agreement. False arrest, detention, imprisonment; Wrongful entry or eviction, or other invasion of the right of private occupancy; 3. Publication or utterance: of material that libels, slanders or defames or disparages a person or organization's goods, products or services; or; of material that violates an individual's right of privacy; except that publications or utterances in the course of or related to broadcasting, publishing, or telecasting activities conducted by or on behalf of the Designated Member shall not be deemed personal injury; FMIT CA 1021 Page 7 of 20 X. Pollutants, mean any solid, liquid, biological, gaseous or thermal irritant or contaminant, including smoke, dust, vapor, soot, fumes, acids, alkalis, chemicals and electromagnetic radiation, liquids, gases, other irritants or contaminants and waste. Waste includes materials to be recycled, reconditioned or reclaimed. Y. Products -Completed Operations Hazard: Includes all "bodily injury" and "property damage" occurring away from premises you own or rent and arising out of 'your product" or "your work" except: a. products that are still in your physical possession; or work that has not yet been completed or abandoned. However, "your work" will be deemed completed at the earliest of the following times: (1) when all of the work called for in your contract has been completed. (2) when all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. (3) when that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or sub -contractor working on the same project. Work that may need service, maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as completed. 2. Does not include "bodily injury" or "property damage" arising out of: a. The transportation of property, unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you, and that condition was created by the "loading or unloading" of that vehicle by any insured, - The existence of tools, uninstalled equipment or abandoned or unused materials; or c. Products or operations for which the classification, listed in the Declarations or in a policy schedule, states that products -completed operations are subject to the General Aggregate Limit. Z. Property Damage, means (a) physical injury to or destruction of tangible property which occurs during the policy period, including the loss of use thereof at any time resulting there from, or (b) loss of use of tangible property which has not been physically injured or destroyed provided such loss of use is caused by an Occurrence during the period of this Coverage Agreement. As used herein, Property Damage excludes a Claim, Suit or liability alleging diminished or denied access, physical taking, inverse condemnation or any federal or state -law based private property right deprivation in connection with real property. AA. Intentionally left blank. BB. Sexual Action includes, but is not limited to, any verbal or non-verbal communication, behavior or conduct with sexual connotations or purposes, whether for sexual gratification, intimidation, coercion or other purpose, and regardless of whether such action is alleged to be intentional or negligent. FMIT CA 1021 Page 8 of 20 CC. Sexual Abuse shall include, but is not limited to, the negligent or intentional infliction of physical, emotional or psychological injury or harm on any person or persons in the care, custody or control of any Member and also includes one or more of the following acts: 1. any penetration, however slight, of the vagina or anal opening of one person by the penis of another person, whether or not there is the emission of semen. 2. any sexual contact between the genitals or anal opening of one person and the mouth or tongue of another person. 3. any intrusion by one person into the genitals or anal opening of another person, including the use of any object for this purpose, except that this does not include any act intended for a valid medical purpose. 4. the intentional touching of the genitals or intimate parts, including the breasts, genital area, groin, inner thighs, and buttocks, or the clothing covering them, of either the individual or the perpetrator, except that this does not include: a. any act which may reasonably be construed to be a normal caregiver responsibility, any interaction with, or affection for an individual; or b. any act intended for a valid medical purpose. 5. the intentional masturbation of the perpetrator's genitals_ 6. the intentional exposure of the perpetrator's genitals in the presence of an individual, or any other sexual act intentionally perpetrated in the presence of an individual, if such exposure or sexual act is for the purpose of sexual arousal or gratification, aggression, degradation, or other similar purpose. 7. the sexual exploitation of an individual, which includes allowing, encouraging, or forcing an individual to: a. solicitation for or engage in prostitution; or b. any play, motion picture, photograph, or dance or any other visual representation exhibited before an audience- DD. Suit, means a civil court action or proceeding in which a third party alleges liability and Damages to which this coverage applies. "Suit" includes: an arbitration proceeding in which such Damages are claimed and to which the Member must submit or does submit without consent; or 2. any other alternative dispute resolution proceeding in which such Damages are claimed and to which the Member submits with our consent. EE. Your Product means: a. any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by: (1) you; FMIT CA 1021 Page 9 of 20 (2) others trading under your name; or (3) a person or organization whose business or assets you have acquired; and b. containers (other than vehicles), materials, parts or equipment furnished in connection with such goods or products. 2. includes: a. warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your product;" and b. the providing of or failure to provide warnings or instructions. 3. does not include vending machines or other property rented to or located for the use of others but not sold. FF. Your Work: means: a. work or operations performed by you or on your behalf; and b. materials, parts or equipment furnished in connection with such work or operations. 2. includes: a. warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your work," and b. the providing of or failure to provide warnings or instructions. GG. Aircraft means an airplane, helicopter, or other machine capable of flight, including any unmanned or remotely operated variation of such machines such as "drones" or the like. HH. Damages means monetary sums sought or ordered by a court to be paid as compensation for loss or injury in a civil law Claim or Suit and excludes any fines, penalties or refunds of any kind or nature and further excludes any non -monetary judgment or form of relief sought or awardable. II. Law Enforcement Activities means the activities of the employees and expressly authorized agents of the Designated Member's police department who, at all times material to any Occurrence: (1) are in the course and scope of employment for the Designated Member's police department; (2) are Certified Law Enforcement Officers in good standing pursuant to all requirements of Florida law and rules; and (3) are not acting unlawfully, not acting in bad faith, not acting with a malicious purpose, nor acting in a manner exhibiting wanton and willful disregard for human rights, safety or property. JJ. Intentionally left blank. KK. Claim means a demand alleging Member liability and seeking redress for injury, loss, Damages or other sums and includes a Suit against a Member seeking the foregoing or any other remedies. FM IT CA 1021 Page 10 of 20 EXCLUSIONS This Coverage Agreement does not apply: A. to any Claim, Suit or liability arising from any actual or alleged breach of any express or implied contract or from the Member's assumption of liability in a contract or agreement, except an Incidental Contract as defined herein; B. to bodily injury or property damage arising out of the ownership, maintenance, operation, use, loading or unloading of: 1. any automobile operated by or rented or loaned to any Member; 2. any other automobile operated by any person in the course of his employment by any Member; but this exclusion does not apply to the parking of an automobile on premises owned by, rented to or controlled by the Member or the ways immediately adjoining, if such automobile is not owned by or rented or loaned to any Member; 3. any vehicle while being used in any pre -arranged or organized racing, speed or demolition contest or in any stunting activity or in practice or preparation for any contest or activity; 4. any automobile operating through use of any autonomous technology without a licensed driver present and in position to assume control of the vehicle. C. to bodily injury or property damage arising out of: 1. the ownership, maintenance, operation, use, loading or unloading of any mobile equipment while being used in any pre -arranged or organized racing, speed or demolition contest or in any stunting activity or in practice or preparation for any such contest or activity; 2, the operation or use of any trailer designed for use therewith; or 3. the ownership, maintenance, operation, or use of a water theme park. D. to bodily injury or property damage arising out of: (1) the ownership, maintenance, operation, use, loading or unloading of: a. any watercraft that is over fifty-two (52) feet in length and is used in the Member's Law Enforcement Activities or any other watercraft that is over twenty-six (26) feet in length; b. any barge or lighter rented by the Member to others with respect to which the Member does not fumish employees to operate and does not have any operating control; c_ any watercraft while being used in any pre -arranged or organized racing, speed or demolition contest or in any stunting activity or in practice or preparation for any contest or activity; d. any watercraft or structure being used as an artificial reef or similar purpose; e. any watercraft with any passenger(s) in or upon, entering or alighting from the watercraft; however, this exclusion does not apply to any such Occurrence if the watercraft is twenty-six (26) feet or less in length, is not owned by the Member and the Member collects no charge or fee to Garry persons or property; 6. any Marina Operations owned, leased or operated by the Member. (2) Marina Operations. For purposes of this exclusion, Marina Operations is defined to include watercraft repairs, alteration, maintenance, storage, mooring, launching, docking, retrieval from any water body, fueling, transportation, and hauling at or near any manna facility; and FM IT CA 1021 Page 11 of 20 (3) any of the forgoing types of excluded watercraft or Marina Operations liability even if the alleged Member liability or negligence is based on the hiring, supervision, employment, training or monitoring of any Member's employee or agent. E. to bodily injury or property damage arising out of the ownership, maintenance, operation, use, loading or unloading of: 1. any aircraft owned or operated by or rented or loaned to any Member; 2. any other aircraft operated by any person in the course of his employment by any Member; but this exclusion does not apply to aircraft while parked on premises owned by, rented to or controlled by the Member; to any Claim, Suit or liability arising out of, caused by or contributed to, in whole or in part, by any normal, expected, unexpected or required operational aspect of an aircraft including: its flight, landing, mechanical operation or maintenance; any aircraft fueling, de -fueling, fuel delivery or other fuel transportation; any discharge or combustion of, or exposure to, aircraft fuel, chemical(s) or other dangerous, combustible or harmful substance(s) required by or contained within an aircraft. However, this exclusion does not apply to the extent a Claim or Suit alleges Bodily Injury or Property Damage to a third party arising from an Occurrence that does not involve an aircraft's operation as described herein, but nonetheless arises at covered airport premises, facilities, buildings or other operations; G. any Claim, Suit or liability for injury caused by, contributed to or arising out of the actual or threatened discharge, dispersal, disposal, leaching, migration, seepage, release, or escape of pollutants and/or contaminants into or upon the land, the atmosphere or any course or body of water, whether above or below ground. However, this exclusion does not apply to bodily injury or property damage arising out of heat, smoke or fumes from a hostile fire. As used in this exclusion, a hostile fire means one which bums outside the area intended or which becomes uncontrollable. H. any Claim, Suit or liability for Damages arising out of the ingestion, inhalation or absorption of lead in any form including any loss, cost or expense arising out of any. 1. request, demand or order that any "Member' or others test for, monitor, clean up, remove, contain, treat, detoxify, or neutralize, or in any way respond to, or assess the effects of lead; or 2. Claim or Suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of lead. I. any Damages from the process of continued surface and/or subsurface degradation and deterioration of lead -based paint that has been applied to any surface of any building whether considered commercial or residential. J. to bodily injury or property damage due to war, whether or not declared, civil war, insurrection, rebellion and revolution, or to any act or condition incident to any of the foregoing; K. to any obligation for which any Member or any carrier as it's insurer may be held liable under any social security, workers' compensation, employer's liability, unemployment compensation or disability benefits law, or under any similar law including any claims for the correction of physical public facilities based on accessibility under the Americans with Disabilities Act; L. to bodily injury to any employee of the Designated Member arising out of and in the course of his or her employment by the Designated Member or to any obligation of a Member to FMIT CA 1021 Page 12 of 20 indemnify another because of damages arising out of such injury; but this exclusion does not apply to liability assumed by the Designated Member under an Incidental Contract. This exclusion shall include any liability incurred by a Member as a result of alleged wrongful Employment Practices Liability; M. to property damage to property owned or occupied by, leased, or rented to, a Member; N. to property damage to premises alienated by the Member arising out of such premises or any part thereof; O. to loss of use of tangible property which has not been physically injured or destroyed resulting from a delay in lack of performance by or on behalf of the Member of any contract or agreement; P. to property damage to the Member's products arising out of such products or any part of such products; to property damage to work performed by or on behalf of the Member arising out of the work or any portion thereof, or out of materials, parts or equipment furnished in connection therewith; and to damages claimed for the withdrawal, inspection, repair, replacement, or loss of use of the Member's products or work completed by or for the Member or of any property of which such products or work form a part, if such products, work or property are withdrawn from the market or from use because of any known or suspected defect or deficiency therein; Q. to any liability from the Member's completed operations arising out of: 1. loss of sales, customers or profits suffered by a person or entity affected by the actions of the Member or its agents including any damages sustained by such person or entities by virtue of a business interruption; or 2. loss resulting from theft of any property which at the time of loss is not an integral part of a building or structure including direct loss by pillage and looting occurring during and at the immediate place of a riot or civil commotion; R. to any liability arising in whole, or in part out of: 1. any act or omission of a Member committed while acting outside the course and scope of his employment, or committed in bad faith with malicious purpose, or in a manner exhibiting wanton and willful disregard of human rights, safety or property; 2. any Member obtaining remuneration or financial gain to which the Member was not legally entitled; 3. the willful violation of any federal, state or local law, ordinance or regulation committed by or with the knowledge or consent of any Member; or 4. violation of public trust; S. to any Claim, Suit or liability arising out of or in any way connected with a physical taking of property or any diminution of access to property, by whatever means or whatever name called, the operation of the principals of eminent domain, condemnation, proceedings, inverse condemnation or takings law, whether permanent or temporary, including but not limited to, Claims arising out of federal, state or local land use, environmental, air, ground or water pollution, or health, safety and welfare laws, ordinances or regulations, Claim arising from Chapter 70, Florida Statutes, known as the Bert J. Harris, Jr. Private Property Rights Protection Act, as may be amended from time to time, or Claim arising from activities by or on behalf of a Member which result in permanent or temporary loss of use or value of private property, whether such liability accrues directly against the Member, or by virtue of any agreement entered into by or on behalf of the Member; T. to any liability for injury, sickness, disease, death or destruction due to the rendering of or failure to render any professional service by any doctor, surgeon, dentist, nurse, physician's FMIT CA 1021 Page 13 of 20 assistant, paramedic, emergency medical technician or other medical professional of a Designated Member; U. to any liability arising out of or in connection with or caused or contributed to by any failure or inability to supply, in whole or in part, any adequate quantity or quality of power, steam, pressure, water or fuel. Fuel includes, but is not limited to natural gas, heating oil and propane; V. to any liability arising out of or caused or contributed to by or connected with any actual or alleged violation of the Employee Retirement Income Security Act of 1974 (Public Law 93- 406) or any amendment thereto or any similar provision of any local, state or federal law, statutory or common; W. to any liability as a result of flood or any liability as a result of water overflow damage, including flooding, caused or contributed to by any failure, breakage, inadequacy, maintenance of and/or design of any natural or man-made structure, including but not limited to: any dam, dyke, levee, reservoir, water barrier, ditches, canals, gate, aqueduct, water shed, channel or culvert; X. to any liability for fines, punitive or exemplary damages; or any non -compensatory damages or penalties imposed pursuant to any federal or state anti-trust, civil rights, anti- discrimination, or racketeer influence and corrupt organization (RICO) laws; Y. to any Damages imposed by special act of the Legislature; Z. to any "bodily injury" or "property damage": with respect to which a "Member" under the policy is also an insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association, Mutual Atomic Energy Liability Underwriters, Nuclear Insurance Association of Canada or any of their successors, or would be an insured under any such policy but for its termination upon exhaustion of its limit of liability; or resulting from the "hazardous properties" of "nuclear material" and with respect to which (a) any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof, or (b) the "Member" is, or had this policy not been issued would be, entitled to indemnity from the United States of America, or any agency thereof, under any agreement entered into by the United States of America, or any agency thereof, with any person or organization. a. under any Medical Payments coverage, to expenses incurred with respect to "bodily injury" resulting from the "hazardous properties" of "nuclear material" and arising out of the operation of a "nuclear facility" by any person or organization. b. under any Liability Coverage, to "bodily injury" or "property damage" resulting from "hazardous properties" of "nuclear material" if: (1) the "nuclear material" (a) is at any "nuclear facility" owned by, or operated by or on behalf of, a "Member" or (b) has been discharged or dispersed therefrom; (2) the "nuclear material" is contained in "spent fuel' or "waste" at any time possessed, handled, used, processed, stored, transported or disposed or, by or on behalf of a "Member"; or FMIT CA 1021 Page 14 of 20 (3) the "bodily injury" or "property damage" arises out of the furnishing by a "Member" of services, materials, parts or equipment in connection with the planning, construction, maintenance, operation or use of any "nuclear facility," but if such facility is located within the United States of America, its territories or possessions or Canada, this exclusion (3) applies only to `property damage" to such "nuclear facility" and any property thereat. 2. as used in this endorsement: "Hazardous properties" includes radioactive, toxic or explosive properties. "Nuclear material" means "source material", "special nuclear material" or "by- product material". "Source material", "special nuclear material", and "by-product material" have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. "Spent fuel" means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation in a "nuclear reactor". "Waste" means any waste material (a) containing "by-product material" other than the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its "source material" content, and (b) resulting from the operation by any person or organization of any "nuclear facility" included under the first two paragraphs of the definition of "nuclear facility". "Nuclear facility" means: a. any "nuclear reactor"; b. any equipment or device designed or used for (1) separating the isotopes of uranium or plutonium, (2) processing or utilizing "spent fuel", or (3) handling, processing or packaging "waste"; C. any equipment or device used for the processing, fabricating or alloying of "special nuclear material" if at any time the total amount of such material in the custody of the "Member" at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235; or d. any structure, basin, excavation, premises or place prepared or used for the storage or disposal of "waste"; and includes the site on which any of the foregoing is located, all operations conducted onsuch site and all premises used for such operations. "Nuclear reactor" means any apparatus designed or used to sustain nuclear fission in a self-supporting chain reaction or to contain a critical mass of fissionable material. FMIT CA 1021 Page 15 of 20 "Property damage" includes all forms of radioactive contamination of property. AA. to personal injury arising out of any publication or utterance described in sub -paragraph W. 3. of the definition of Personal Injury contained in the Definitions section of this Coverage Agreement (a) if the first injurious publication or utterance of the same or similar material by or on behalf of the Designated Member was made prior to the effective date of this coverage; or (b) concerning any organization or business enterprise, or its products or services, made by or at the direction of any Member with knowledge of the falsity thereof; 1313. to any liability arising out of Errors and Omissions as defined herein; CC. to bodily injury or property damage for which the Designated Member or his indemnitee may be held liable: 1. as an entity or organization engaged in manufacturing, distributing, selling, furnishing or serving alcoholic beverages; or 2. if not so engaged, as an owner or lessor of premises used for such purposes, if such liability is imposed a. by, or because of the violation of, any statute, ordinance or regulation pertaining to the sale, gift, distribution or use of any alcoholic beverages; or b. by reason of the selling, serving, furnishing or giving of any alcoholic beverage to a person who is not of legal drinking age, habitually addicted to the use of any or all alcoholic beverages, to a person under the influence of alcohol or which causes or contributes to the intoxication of any person. 3. causing or contributing to the intoxication of any person. This exclusion does not apply and coverage is afforded under the Coverage Agreement for bodily injury or property damage Claims or liability resulting from the providing or serving of alcoholic beverages without charge to the public at functions incidental to a Designated Member's business or activity otherwise covered under the Coverage Agreement or any endorsement thereto; DD. any Claim or Suit seeking relief or redress in any form other than money Damages and any costs, fees, expenses or attorneys' fees relating to such Claims or Suits, including those with allegations: 1. seeking injunctions, declaratory judgments or extraordinary writs such as certiorari, mandamus, quo warranto or other relief as the only claim or remedy pursued in a Suit and no other covered Claims for Damages; 2. seeking to enforce or invalidate Incidental Contracts, Interlocal Agreements or any other agreement(s) between the Member and others; 3. seeking to enforce, invalidate or appeal any permit decision rendered on the basis of zoning, land development and/or building code regulations as the only claim or remedy pursued in a Suit and no other covered Claims for Damages; 4. based on violations of federal, state or local procurement or bidding law requirements or based on election results, disputes or challenges; EE. to any liability arising out of any actual or alleged Sexual Action, Sexual Abuse or Communicable Disease. However, this exclusion does not apply and coverage is afforded under this Coverage Agreement for Claims that specifically allege Designated Member liability for Sexual Abuse; FF. to any liability for injury, loss or Damages sustained by any person or entities arising from or in anyway involving asbestos or other products containing asbestos or to asbestosis or FMIT CA 1021 Page 16 of 20 any other disease including mesothelioma and cancer related to asbestos exposure nor any liability for costs or expenses incurred in removing, cleaning up or nullifying such asbestos product; It is understood and agreed that the intent and effect of this exclusion is to delete from all coverages afforded by this Coverage Agreement any loss, cost, or expense arising out of any governmental direction, order or request that the Member test for, monitor, cleanup, remove, contain, treat, detoxify or neutralize asbestos or asbestos products. GG. to any liability arising out of errors and omissions as defined herein or other negligent or wrongful act committed in the administration of any Employee Benefit Program as defined herein, for present or former employees of the Designated Member; HH. to any liability arising out of or caused by or contributed to or connected with alleged violation of the following: 1. Federal Fair Labor Standards Act. 2. Chapter 447, Florida Statutes. 3. Drivers Privacy Protection Act of 1994. 4. National Labor Relations Act. 5. Worker Adjustment and Retraining Notification Act. 6. Consolidated Omnibus Budget Reconciliation Act of 1985. 7. Occupational Safety and Health Act. 8. Federal Employers Liability Act. 9. Longshoreman's and Harbor Workers' Act. 10. Employee Polygraph Protection Act. 11. Defense Base Act. 12. Outer Continental Shelf Lands Act II. any Claim requesting return or reimbursement of a special assessment, tax, service charge, fine or fee or any other payment or overpayment to the Designated Member or Member; JJ. to any claim for attorneys' fees or costs for any Claim or Suit not covered by this Coverage Agreement; KK. to any Damages which accrued or occurred prior to the effective date of this Coverage Agreement notwithstanding the date of the Occurrence; LL. advertising injury arising out of: 1. Failure of performance of contract, but this exclusion does not apply to the unauthorized appropriation of ideas upon alleged breach of implied contract, or 2. Infringement of trademark, service mark, or trade name, other than titles or slogans, by use thereof or in connection with goods, products or services sold, offered for sale, or advertised, or 3. Incorrect description or mistake in advertising price of goods, products or services sold, offered for sale or advertised. Also, with respect to advertising injury: 1. to any Member in the business of advertising, broadcasting, or telecasting, or 2. to any injury arising out of any act committed by the Member with actual malice. MM. to any Bodily Injury Liability, Property Damage Liability, Personal Injury Liability, Advertising Injury Liability, Products Liability and Completed Operations Hazard arising directly or indirectly out of: FMIT CA 1021 Page 17 of 20 1. any actual or alleged failure, malfunction or inadequacy due to the inability to correctly recognize, process, distinguish, interpret or accept the year 2000 and beyond by: a. any of the following, whether belonging to any insured or to others: (a) Computer application software; (b) Computer networks; (c) Microprocessors (computer chips) not part of any computer system; (d) Computer operating systems and related software; (e) Computer hardware, including microprocessors; or (f) Any other computerized or electronic equipment or components; or b. any other products, and any services, data or functions that directly or indirectly use or rely upon, in any manner, any of the items listed in the preceding paragraph. 2. any advice, consultation, design, evaluation, inspection, installation, maintenance, repair, replacement or supervision provided or done by you or for you to determine, rectify or test for, any potential or actual problems described in paragraph a. above. NN. to any Claim, Suit or liability for Bodily Injury Liability, Property Damage Liability, Personal Injury Liability or Advertising Injury Liability, for which any Designated Member or Member under this Coverage Agreement may be held liable arising out of the actual or threatened occurrence, growth, release, transmission, migration, dispersal or exposure to any micro- organisms, biological organisms, bio aerosols, organic contaminants, mold, spores and/or fungi (collectively referred to as "Contaminants") which: 1. results from any actual or threatened exposure to, inhalation, absorption or ingestion of, or physical contact with any Contaminant; 2. results from any actual or threatened Contaminant upon any real property or personal property, product or work, premises, site or location, or any other tangible property, or any Designated Member or Member or any other person(s) or organization(s), located anywhere in the world; or 3. results from any loss, cost or expense for any testing, monitoring, clean-up, treatment or removal, or neutralization of any Contaminant; However, for purposes of this exclusion, Contaminants does not include SARS-Cov-2, coronavirus or Covid-19. 00. A. to "any injury or Damages" arising, directly or indirectly, out of a 'certified act of terrorism" or an "other act of terrorism". However, with respect to an "other act of terrorism", this exclusion applies only when one or more of the following are attributed to such act: the total of insured damage to all types of property exceeds $25,000,000. In determining whether the $25,000,000 threshold is exceeded, we will include all insured damage sustained by property of all persons and entities affected by the terrorism and business interruption losses sustained by owners or occupants of the damaged property. For the purpose of this provision, insured damage means damage that is covered by any insurance plus damage that would be covered by any insurance but for the application of any terrorism exclusions; or fifty or more persons sustain death or serious physical injury. For the purposes of this provision, serious physical injury means: a. physical injury that involves a substantial risk of death; or b. protracted and obvious physical disfigurement; or FMIT CA 1021 Page 18 of 20 C. protracted loss of or impairment of the function of a bodily member or organ; or the terrorism involves the use, release or escape of nuclear materials, or directly or indirectly results in nuclear reaction or radiation or radioactive contamination; or the terrorism is carried out by means of the dispersal or application of pathogenic or poisonous biological or chemical materials; or pathogenic or poisonous biological or chemical materials are released, and it appears that one purpose of the terrorism was to release such materials. With respect to this exclusion, Paragraphs 1. and 2_ describe the thresholds used to measure the magnitude of an incident of an "other act of terrorism" and the circumstances in which the threshold will apply for the purpose of determining whether this exclusion will apply to that incident. the following definitions are added: for the purposes of this endorsement, "any injury or damage" means any injury or damage covered under any Coverage Part to which this endorsement is applicable, and includes but is not limited to "bodily injury", "property damage", "personal and advertising injury"," injury" or "environmental damage" as may be defined in any applicable Coverage Part. 2. "Certified act of terrorism" means an act that is certified by the Secretary of the Treasury, in concurrence with the Secretary of State and the Attorney General of the United States, to be an act of terrorism pursuant to the federal Terrorism Risk Insurance Program Reauthorization Act of 2015 (TRIPRA 2015). TRIPRA 2015 sets forth the following criteria for a "certified act of terrorism": The act resulted in aggregate losses in excess of $5 million; and The act is a violent act or an act that is dangerous to human life, property or infra -structure and is committed by an individual or individuals acting on behalf of any foreign person or foreign interest, as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. "Other act of terrorism" means a violent act or an act that is dangerous to human life, property or infrastructure that is committed by an individual or individuals and that appears to be part of an effort to coerce a civilian population or to influence the policy or affect the conduct of any government by coercion, and the act is not certified as a terrorist act pursuant to TRIPRA 2015. Multiple incidents of an "other act of terrorism" which occur within a seventy-two (72) hour period and appear to be carried out in concert or to have a related purpose or common leadership shall be considered to be one incident. C. In the event of any incident of a "certified act of terrorism" or an "other act of terrorism" that is not subject to this exclusion, coverage does not apply to any loss or damage that is otherwise excluded under this Coverage Part. FMIT CA 1021 Page 19 of 20 PP. to any liability arising from or otherwise related to the Designated Member's Law Enforcement Activities. QQ. to any alleged violation of public records laws or public meetings laws contained in Chapter 119, Florida Statutes or Chapter 286, Florida Statutes, respectively, as both may be amended from time to time. RR. to any Claim, Suit or liability arising from the operation or failure of operation of any computer, computer system or other electronic data processing system or network of the Designated Member, or arising from the handling, mishandling or misuse of data stored or contained in any such device, system or network, or arising from any of the following: any data or computer systems that have been compromised, corrupted, seized or adversely affected without proper Member authorization (i.e., subject to "cyber-attack' or "hacking") by a third party, Member, a program, a computer virus or a software application; any threatened cyber-attack; any harm attributed to internet-based services, activities or facilities provided by the Designated Member; any data or data privacy breach in violation of any law, rule or internal policy; any unauthorized or unlawful access of Designated Member's computers or computer -networks by a third party or by personnel; any unauthorized or unlawful release, disclosure or exposure of personal, private or confidential data by a third party or Member; or any misappropriation or misuse of a Designated Member's computer system or data by a third party or by the Member. HERBICIDE/PESTICIDE COVERAGE The Trust will pay for bodily injury or property damage caused directly by contact with herbicides or pesticides sprayed by the Member into the air. This coverage extension does not apply to bodily injury or property damage as described in Exclusion G of the Coverage Agreement. The limit of liability under this coverage extension is the amount of liability described in the General/Professional liability section of the Declaration Page or $1,000,000 aggregate per fund year, whichever is the lesser amount, subject to any deductible/self insured retention described on the Declarations Page. OTHERINSURANCE The coverage afforded by this Coverage Agreement is primary, except when stated to apply in excess of, or contingent upon the absence of, other insurance. When this coverage is primary and the Member has other insurance which is stated to be applicable to a covered Claim or Suit on an excess or contingent basis, the amount of the Trust's liability under this Coverage Agreement shall not be reduced by the existence of such other insurance. If any other insurance is valid and collectible against a covered Claim or Suit and provides for contribution by equal shares, the Trust shall not be liable for a greater proportion of such covered loss than would be payable if each party contributes an equal share until the share of each party equals the lowest applicable limit of liability under any one policy or coverage agreement or the full amount of the loss is paid, and with respect to any amount of loss not so paid the remaining parties then continue to contribute equal shares of the remaining amount of the loss until each such party has paid its limit in full or the full amount of the loss is paid. If any such other insurance does not provide for contribution by equal shares, the Trust shall not be liable for a greater proportion of such covered loss than the applicable limit of liability under this Coverage Agreement for such loss bears to the total applicable limit of any other insurance which is valid and collectible against such loss. FMIT CA 1021 Page 20 of 20 AUTOMOBILE LIABILITY This coverage issued by the Trust extends and modifies the provision of the Agreement relating to Automobile Liability as set forth below: It is agreed that as of the effective date hereof the Agreement is amended in the following particulars: The Coverage Agreement is amended to include the following additional coverage In addition, the Trust will pay all sums which the Designated Member or any Member named in a lawsuit becomes legally obligated to pay as damages because of: A. Bodily Injury, or B. Property Damage to which this coverage applies, caused by an Occurrence and arising out of the ownership, maintenance or use, including loading and unloading, of a covered automobile, including Newly Acquired Automobiles, which takes place during the period of this Agreement. A Member must be acting within course and scope of employment for the Designated Member at the time of the Occurrence which gives rise to any claim or lawsuit brought against the Designated Member and/or Member. II. The definition of Member in the Coverage Agreement's Definitions Section is amended to include the following additional persons for purposes of the coverage provided by this endorsement only: A. Any other person while using an Owned Automobile or a Hired Automobile with the permission of the Designated Member, provided his actual operation or (if he is not operating) his other actual use thereof is within the scope of such permission, and he is acting as the lawful agent of the Designated Member; but with respect to bodily injury or property damage arising out of the loading or unloading thereof, such other person shall be a Member only if he is: a lessee or borrower of the automobile, or an employee of the Designated Member or of such lessee or borrower.- B. Any other person or organization but only with respect to his or its liability because of ads or omissions of a Member under the above. C. None of the following is a Member: the owner or lessee (of whom the Designated Member is a sub -lessee) of a hired automobile or the owner of a Non -owned Automobile or any agent or employee of any such owner or lessee; 2. any person or organization, other than the Designated Member, with respect to: a) a motor vehicle while used with any trailer owned or hired by such person or organization, or FMIT AL 1019 Page 1 of 4 b) a trailer while used with any motor vehicle owned or hired by such person or organization; 3. any person while employed in or otherwise engaged in duties in connection with an automobile business, other than an Automobile Business operated by the Designated Member. III. The Definitions section is amended to include the following additional definitions: A. Automobile Business, means the business or occupation of selling, repairing, servicing, storing, or parking automobiles; B. Hired Automobile, means an automobile not owned by the Designated Member which is used under contract on behalf of, or loaned to, the Designated Member, provided such automobile is not owned by or registered in the name of an employee or agent of the Designated Member who is granted an operating allowance of any sort for the use of such automobile; C. Non -owned Automobile, means an automobile which is neither an Owned Automobile nor a Hired Automobile; D. Occurrence, means an event or accident, including continuous or repeated exposure to conditions which result in bodily injury, property damage or personal injury and not arising from any form of intentional misconduct; E. Owned Automobile, means an automobile owned by the Designated Member; F. Private Passenger Automobile, means a four-wheel private passenger or station wagon type automobile; G. Trailer, includes a semi -trailer but does not include mobile equipment. H. Newly Acquired Automobile, means an automobile to which you obtain legal title after inception of the Coverage Agreement. IV. The following additional conditions are included: A. Excess Coverage - Hired and Non -owned Automobiles. With respect to a hired automobile, or a Non -owned Automobile, this coverage shall be excess over any other valid and collectible insurance available to the Designated Member. V. The Limits of Liability section is amended to include the following: The above provisions regarding the limits of the Trust's liability apply regardless of the number of: A. Owned Automobiles; B. Automobiles involved in the Occurrence, or, C. Automobiles to which this Agreement and all endorsements thereto apply. The limits of liability for Bodily Injury or Property Damage caused by an Occurrence arising out of the maintenance or use, including loading and unloading of any automobile leased by the Designated Member for a period of one (1) year or longer which takes place during the period of this Agreement, shall be not less than $100,0001$300,000 bodily injury liability FMIT AL 1019 Page 2 of 4 and $50,000 property damage liability. The Trust's limits of liability shall not be added or stacked by virtue of there being more than one automobile or Member to which this Agreement and all endorsements thereto might apply. VI. The Exclusions section is amended as follows: A. Exclusion B, items 1. and 2., are deleted. B. Exclusion PP is deleted and replaced with the following: PP_ to any Claim Suit or liability arising from or otherwise related to the Designated Member's Law Enforcement Activities. However, this exclusion does not apply to Bodily Injury or Property Damage when a Claim or Suit alleges Bodily Injury or Property Damage that was caused by the Designated Member's Law Enforcement Activities and arose out of the ownership, maintenance or use, including loading and unloading, of a covered automobile. C. This Coverage Agreement does not apply to any liability and/or physical damage arising in whole, or in part out of any act or omission of a Member committed while acting outside the course and scope of his employment, or committed in bad faith with malicious purpose, or in a manner exhibiting wanton and willful disregard of human rights, safety or property; 2. any Member obtaining remuneration or financial gain to which the Member was not legally entitled; 3. the willful violation of any federal, state or local law, ordinance or regulation committed by or with the knowledge or consent of any Member; or official misconduct by any Member; "bodily injury" or "property damage" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants:" a. That are, or that are contained in any property that is: (1) Being transported or towed by, handled, or handled for movement into, onto or from, the covered "Automobile"; (2) Otherwise in the course of transit by or on behalf of the "Member"; or (3) Being stored, disposed of, treated or processed in or upon the covered "Automobile"; b. Before the "pollutants" or any property in which the "pollutants" are contained are moved from the place where they are accepted by the "Member" for movement into or onto the covered "Automobile; or FMIT AL 1019 Page 3 of 4 c. After the "pollutants" or any property in which the "pollutants" are contained are moved from the covered "Automobile" to the place where they are finally delivered, disposed of or abandoned by the "insured". Paragraph a. above does not apply to fuels, lubricants, fluids, exhaust gases or other similar "pollutants" that are needed for or result from the normal electrical, hydraulic or mechanical functioning of the covered "Automobile" or its parts, if: (1) The "pollutants" escape, seep, migrate, or are discharged, dispersed or released directly from an "Automobile" part designed by its manufacturer to hold, store, receive or dispose of such "pollutants"; and (2) The "bodily injury", "property damage" or "covered pollution cost or expense" does not arise out of the operation of any equipment listed in paragraph T of the definition of "mobile equipment'. Paragraphs b. and c. above of this exclusion do not apply to "accidents" that occur away from premises owned by or rented to an "Member" with respect to 'pollutants" not in or upon a covered "Automobile" if: (1) The "pollutants" or any property in which the "pollutants" are contained are upset, overturned or damaged as a result of the maintenance or use of a covered "Automobile"; and (2) The discharge, dispersal, seepage, migration, release or escape of the "pollutants" is caused directly by such upset, overturn or damage. VII. Schedule of Covered Automobiles attached. FMIT AL 1019 Page 4 of 4 THIS ENDORSEMENT CHANGES THE AGREEMENT. PLEASE READ IT CAREFULLY PERSONAL INJURY PROTECTION BENEFITS This endorsement issued by the Trust extends and modifies the provisions of the Agreement relating to Automobile Liability Personal Injury Protection Benefits as set forth below: It is agreed that as of the effective date hereof the Agreement is amended in the following particulars. - The Trust will pay, personal injury protection benefits, in accordance with the Florida Motor Vehicle No -Fault Law, as amended, to or for the benefit of the injured person as follows: A. 80% of medical expenses (as defined herein and subject to the provisions of the Medical Expense Benefits Payment Schedule in Section VI. of this endorsement); B. 60% of work loss; C. replacement services expenses; and D. a death benefit for accidental death -occurring as a result of an accident arising out of the ownership, maintenance or use of a motor vehicle and sustained by: 1. a Member while occupying a motor vehicle or, while a pedestrian through being struck by a motor vehicle; or 2. any other person while occupying the covered motor vehicle or, while a pedestrian, through being struck by the covered motor vehicle. 11. EXCLUSIONS This endorsement does not apply: A. to a Member while occupying a motor vehicle of which the Member is the owner and which is not a covered motor vehicle under this endorsement; B. to any person while operating the covered motor vehicle without the express or implied consent of the Member; C. to any person, if such person's conduct contributed to his bodily injury under any of the following circumstances: 1. causing bodily injury to himself intentionally; 2. while committing a felony; D. to any pedestrian, other than the Member who is not a legal resident of the State of Florida; E. to any person, other than the Member, if such person is the owner of a motor vehicle with respect to which security is required under the Florida Motor Vehicle No -Fault Law, as amended; F. to any person, other than the Member who is entitled to personal injury protection benefits from the insurer of the owner or owners of a motor vehicle which is not a covered motor vehicle under this endorsement; G. to any person who sustains bodily injury while occupying a motor vehicle located for use as a residence or premises. III. LIMIT OF LIABILITY; APPLICATION OF DEDUCTIBLE; OTHER INSURANCE Regardless of the number of persons covered, policies or bonds applicable, vehicles involved or claims made, the total aggregate limit of personal injury protection benefits available under the Florida Motor Vehicle No -Fault Law, as amended, from all sources combined including this Agreement, for all medical expenses, work loss and replacement services by or on behalf of any one person who sustains bodily injury as the result of any FMIT PIP 1014 Page 1 of 8 one accident shall not exceed $10,000.00 per individual, subject to limitations as provided under the Florida Motor Vehicle No -Fault Law. Payment of a death benefit for accidental death as provided herein shall be in addition to the foregoing and shall not exceed $5,000.00 per individual. Any amount payable under this endorsement shall be reduced by the amount of benefits an injured person has recovered or is entitled to recover for the same elements of loss under the workers' compensation laws of any state or the federal Medicaid program. If benefits have been received under the Florida Motor Vehicle No -Fault Law, as amended, from any insurer for the same items of loss and expenses for which benefits are available under this agreement, the Trust shall not be liable to make duplicate payments to or for the benefit of the injured person, but the insurer paying such benefits shall be entitled to recover from the Trust its equitable pro rata share of the benefits paid and expenses incurred in processing the claim. The amount of any deductible stated in the schedule of this amendment shall be deducted from the total amount of all sums otherwise payable by the Trust with respect to all loss and expenses incurred by or on behalf of each person to whom the deductible applies and who sustains bodily injury as the result of any one accident, and if the total amount of such loss and expense exceeds such deductible, the total limit of benefits the Trust is obligated to pay shall then be the difference between such deductible amount and the applicable limit of the Trust's liability. Such deductible amount shall not be applied to any death benefit the Trust is obligated to pay. If an entry in the schedule or declaration so indicates any amount payable under this Trust to the Member shall be reduced by any benefits payable by the Federal Government to active or retired military personnel and their dependent relatives. IV. DEFINITIONS When used in reference to this Section: "bodily injury" means bodily injury, sickness, or disease, including death at any time resulting there from; "medical expense" means reasonable expenses for medically -necessary medical, surgical, x-ray, dental, ambulance, hospital, professional nursing and rehabilitative services for prosthetic devices and for necessary remedial treatment and any other services recognized and permitted under Florida Motor Vehicle No -Fault Law, and subject to the Conditions at Section VI.F. below. "motor vehicle" means any self-propelled vehicle with four or more wheels which is a type both designed and required to be licensed for use on the highways of Florida and any trailer or semi -trailer designed for use with such vehicle. A motor vehicle does not include: A. a mobile home; or B. any motor vehicle which is used in mass transit, other than public school transportation, and designed to transport more than five passengers exclusive of the operator of the motor vehicle and which is owned by a municipality, a transit or public school transportation authority, or a political subdivision of the state; C. except for the purposes of FS 627.733, any motor vehicle of any type used as a taxi cab or limousine. "occupying" means in or upon or entering into or alighting from; FMIT PIP 1014 Page 2 of 8 "covered motor vehicle" means a motor vehicle: A. of which the Member is the owner, and B. with respect to which security is required to be maintained under the Florida Motor Vehicle No -Fault law, and C. for which a premium is charged, or which is a trailer, other than a mobile home, designed for use with a motor vehicle. "pedestrian" means a person while not an occupant of any self-propelled vehicle; "owner" means a person or organization who holds the legal title to a motor vehicle, and also includes: A. a debtor having the right to possession, in the event a motor vehicle is the subject of a security agreement, and, B. a lessee having the right to possession, in the event a motor vehicle is the subject of a lease with option to purchase and such lease agreement is for a period of six months or more, and, C. a lessee having the right to possession, in the event a motor vehicle is the subject of a lease without option to purchase, and such lease agreement is for a period of six months or more, and the lease agreement provides that the lessee shall be responsible for securing insurance; "work loss" means with respect to the period of disability of the injured person, any loss of income and earning capacity from inability to work proximately caused by the injury sustained by the injured person; "replacement services expenses" means with respect to the period of disability of the injured person all expenses reasonably incurred in obtaining from others ordinary and necessary services in lieu of those that, but for such injury, the injured person would have performed without income for the benefit of his household. V. COVERAGE PERIOD; TERRITORY This coverage under this Section applies only to accidents which occur during the period of this Agreement. A. in the State of Florida; B. as respects the Member, while occupying the covered motor vehicle outside the State of Florida but within the United States of America, its territories or possessions or Canada; VI. CONDITIONS A. Notice. In the event of an accident, written notice of the loss must be given to the Trust or any of its authorized agents as soon as practicable. If any injured person or his legal representatives shall institute legal action to recover damages for bodily injury against a third party, a copy of the summons and complaint or other process served in connection with such legal action shall be forwarded as soon as practicable to the Trust by such injured person or his legal representative. B. Action Against the Trust. No action shall lie against the Trust unless, as a condition precedent thereto, there shall have been full compliance with all terms of this endorsement, not until 30 days after the required notice of accident and reasonable proof of claim has been filed with the Trust. C. Proof of Claim; Medical Reports and Examinations; Payments of Claim Withheld. As soon as practicable the person making the claim shall give to the Trust written proof of claim, under oath if required, which may include full FMIT PIP 1014 Page 3 of 8 particulars of the nature and extent of the injuries and treatment received and contemplated, and such other information as may assist the Trust in determining the amount due and payable. In addition, the person making the claim shall submit to an examination under oath if requested by the Trust. Such person shall submit to mental or physical examinations at the Trust's expense when and as often as the Trust may reasonably require. A copy of the medical report shall be forwarded to such person if requested. If the person unreasonably refuses to submit to a mental or physical examination or an examination under oath, the Trust will not be liable for subsequent personal injury protection benefits. Whenever a person making a claim is charged with committing a felony, the Trust shall withhold benefits until at the trial level the prosecution makes a formal entry on the record that it will not prosecute the case against the person, the charge is dismissed or the person is acquitted. D. Reimbursement and Subrogation, unless prohibited by the Florida Motor Vehicle No -Fault Law, as amended, and in the event of payment to or for the benefit of any injured person under this endorsement; 1. the Trust shall be reimbursed to the extent of such payment, exclusive of reasonable attorneys fees and other reasonable expenses, out of the proceeds of any settlement or judgment that may result from the exercise of any rights of recovery of such person against any person or organization legally responsible for the bodily injury because of which such payment is made and the Trust shall have a lien on such proceeds to such extent; 2. the Trust is subrogated to the rights of the person to whom or for whose benefit such payments were made to the extent of such payments. Such person shall execute and deliver the instruments and papers and do whatever else is necessary to secure such rights. Such person shall do nothing after loss to prejudice such rights. 3. the Trust providing personal injury protection benefits on a private passenger motor vehicle, as defined in the Florida Motor Vehicle No -Fault Law, shall be entitled to reimbursement to the extent of the payment of personal injury protection benefits from the owner or insurer of the owner of a commercial motor vehicle, as defined in the Florida Motor Vehicle No - Fault Law, if such injured person sustained the injury while occupying, or while a pedestrian through being struck by, such commercial motor vehicle. Special Provision for Rented or Leased Vehicles. Notwithstanding any provision of this coverage to the contrary, if a person is injured while occupying, or through being struck by, a motor vehicle rented or leased under a rental or lease agreement which does not specify otherwise in bold type on the face of such agreement, the personal injury protection coverage afforded under the lessor's policy shall be primary. Medical Expense Benefit Payment Schedule. The FMIT hereby gives notice that its payment of personal injury protection medical expense benefits may be limited to the Medicare fee payment schedule permitted by the Florida Motor Vehicle No -Fault Law. The applicable Medicare fee payment schedule or payment limitation under Medicare is the fee schedule or payment limitation in effect on March 1 of the year in which the services, supplies, or care is rendered and for the area in which such services, supplies, or care is rendered, and the applicable fee schedule or payment limitation applies throughout the remainder of that year, notwithstanding any subsequent change made to the fee schedule or payment limitation, except that it may not be less than FMIT PIP 1014 Page 4 of 8 the allowable amount under the applicable schedule of Medicare Part B for 2007 for medical services, supplies, and care subject to Medicare Part B. 2. The FM IT shall pay for reasonable, related and necessary medical service and supply expenses due to a motor vehicle accident if the Member receiving such treatment or his or her guardian has countersigned the properly completed invoice, bill, or claim form upon which such charges are to be paid for, as having actually been rendered, to the best knowledge of the Member or his or her guardian. However, such a charge may not exceed the amount the medical service or supply provider customarily charges for like services or supplies. In determining whether a charge for a particular service, treatment, or otherwise is reasonable, FMIT may consider evidence of usual and customary charges and payments accepted by the provider involved in the dispute, reimbursement levels in the community where services were rendered and various federal and state medical fee schedules applicable to motor vehicle and other insurance coverages, and other information relevant to the reasonableness of the reimbursement for the service, treatment, or supply. 3. Only if an insured receives initial services and care within 14 days after the motor vehicle accident, the FMIT will pay 80% of reasonable medical expenses for: a. Medical, surgical, X-ray, dental, ambulance, hospital, professional nursing and rehabilitative services; and b. Prosthetic devices. However, medical expenses do not include massage or acupuncture regardless of the person, entity, or licensee providing the massage or acupuncture. Medical expenses shall only be reimbursed for: Initial services and care that are: (1) Lawfully provided, supervised, ordered, or prescribed by a licensed physician, dentist, or chiropractic physician; (2) Provided in a hospital or in a facility that owns, or is wholly owned by a hospital; or (3) Provided by a person or entity licensed to provide emergency transportation and treatment; as authorized by the Florida Motor Vehicle No -Fault Law. Follow-up services and care referred by a licensed health care provider described in Paragraphs a.(1), (2) and (3) consistent with the underlying medical diagnosis rendered pursuant to Paragraph F.3., if provided, supervised, ordered or prescribed only by a licensed: (1) Physician, osteopathic physician, chiropractic physician, or dentist; or FMIT PIP 1014 Page 5 of 8 (2) Physician assistant or advanced registered nurse practitioner, under the supervision of such physician, osteopathic physician, chiropractic physician, or dentist; as authorized under the Florida Motor Vehicle No -Fault Law. Follow-up services and care may also be provided by: (3) A licensed hospital or ambulatory surgical center; (4) An entity wholly owned by one or more licensed physicians, osteopathic physicians, chiropractic physician, or dentists; or by such practitioners and the spouse, parent, child, or sibling of such practitioners; (5) An entity that owns or is wholly owned, directly or indirectly, by a hospital or hospitals; (6) A licensed physical therapist, based upon a referral by a provider described in Paragraph F.3.; or (7) A health care clinic licensed under the Florida Health Care Clinic Act: (a) Which is accredited by the Joint Commission on Accreditation of Healthcare Organizations, the American Osteopathic Association, the Commission on Accreditation of Rehabilitation Facilities, or the Accreditation Association for Ambulatory Health Care, Inc.; or (b) Which. - Has a licensed medical director; (ii) Has been continuously licensed for more than 3 years or is a publicly traded corporation that issues securities traded on an exchange registered with the United States Securities and Exchange Commission as a national securities exchange; and (iii) Provided at least four of the following medical specialties: General medicine; ii. Radiography; iii. Orthopedic medicine; iv. Physical medicine; V. Physical therapy; FMIT PIP 1014 Page 6 of 8 vi. Physical rehabilitation; vii. Prescribing or dispensing outpatient prescription medication; or viii. Laboratory services; as authorized under the Florida Motor Vehicle No -Fault Law. 4. The FMIT may limit its payment or reimbursement of medical expenses to 80 percent of the following schedule of maximum charges: a. For emergency transport and treatment by providers licensed under chapter 401, 200 percent of Medicare. b. For emergency services and care provided by a hospital licensed under chapter 395, 75 percent of the hospital's usual and customary charges. C. For emergency services and care as defined by s. 395.002 provided in a facility licensed under chapter 395 rendered by a physician or dentist, and related hospital inpatient services rendered by a physician or dentist, the usual and customary charges in the community d. For hospital inpatient services, other than emergency services and care, 200 percent of the Medicare Part A prospective payment applicable to the specific hospital providing the inpatient services. e. For hospital outpatient services, other than emergency services and care, 200 percent of the Medicare Part A Ambulatory Payment Classification for the specific hospital providing the outpatient services. For all other medical services, supplies, and care, 200 percent of the allowable amount under: (1) The participating physicians fee schedule of Medicare Part B, except as provided in sub -sub -subparagraphs (11) and (111). (II) Medicare Part B, in the case of services, supplies, and care provided by ambulatory surgical centers and clinical laboratories. (III) The Durable Medical Equipment Prosthetics/Orthotics and Supplies fee schedule of Medicare Part B, in the case of durable medical equipment. However, if such services, supplies, or care is not reimbursable under Medicare Part B, as provided above, FMIT may limit reimbursement to 80 percent of the maximum reimbursable allowance under workers' compensation, as determined under 11' and rules adopted FMIT PIP 1014 Page 7 of 8 thereunder which are in effect at the time such services, supplies, or care is provided. Services, supplies, or care that is not reimbursable under Medicare or workers' compensation is not required to be reimbursed by FMIT. FMIT PIP 1014 Page 8 of 8 AUTOMOBILE PHYSICAL DAMAGE COVERAGE FORM Various provisions in this Agreement restrict coverage. Read the entire Agreement carefully to determine rights, duties and what is and is not covered. Throughout the Agreement the words "you" and "your" refer to the Member shown in the Declarations. The words "we," "us" and "our" refer to the Trust providing this insurance. A. COVERAGE The Trust will pay for direct physical loss or damage to a covered automobile as described in the Declarations caused by or resulting from any covered cause of loss. Covered Property Covered property, as used in this coverage part, means any "Automobile" described in the schedule which you own, hire, borrow, or lease (refer to schedule). 2. Newly Acquired Automobile Newly acquired automobile means an Automobile in which you acquire an ownership or insurable interest after inception of the Coverage Agreement. As a condition of this coverage's application to any newly acquired Automobile, additional premium will be due and calculated on a pro-rata basis from the date you acquire the new Automobile. The additional premium will be due immediately 9 the total insured value applicable to the newly acquired Automobile is $100,000 or more; or, the additional premium will be due October 1 of the following year if the total insured value applicable to the newly acquired Automobile is less than $100,000. Covered Causes of Loss Comprehensive Coverage From any cause except the covered automobile's collision with another object or its overturn. Collision Coverage Caused by the covered automobile's collision with another object or its overturn. C. Specified Causes of Loss Coverage. Caused by: 1. Fire, lightning or explosion; 2. Theft; 3. The sinking, burning, collision, or derailment of any conveyance transporting the covered "Automobile"; or 4. Mischief or vandalism. B. EXCLUSIONS The Trust will not pay for loss or damage caused directly or indirectly by any of the following. Such loss or damage is excluded regardless of any other cause or event that contributes concurrently or in any sequence to the loss. FMIT APD 1016 Page 1 of 4 a. Wear and tear, freezing, mechanical or electrical breakdown unless caused by other loss covered by this endorsement. b. Blowouts, punctures or other road damage to tires unless caused by other loss covered by this endorsement. C. Loss to tape decks or other sound reproducing equipment not permanently installed in a covered Automobile. d. Loss to tapes, records or other sound reproducing devices designed for use with sound reproducing equipment. e. Loss to any sound receiving or transmitting equipment designed for use as a two- way mobile radio or telephone or scanning monitor or radar transmitting or receiving device, including its antennas and other accessories, unless permanently installed in the automobile or scheduled elsewhere under the Agreement; and if scheduled, coverage is only to the extent expressed in the schedule and subject to all terms and conditions of the corresponding coverage form. f. Any device designed or used to detect speed measuring equipment such as radar or laser detectors and any jamming apparatus intended to elude or disrupt speed measurement equipment, unless permanently installed in the automobile or scheduled elsewhere under the Agreement; and if scheduled, coverage is only to the extent expressed in the schedule and subject to all terms and conditions of the corresponding coverage form. g. Any other mobile equipment, device or other apparatus not permanently affixed to the covered automobile, unless scheduled elsewhere under the Agreement; and if scheduled, coverage is only to the extent expressed in the schedule and subject to all terms and conditions of the corresponding coverage form- C. DEDUCTIBLE The Trust will not pay for loss or damage in any one occurrence until the amount of loss or damage exceeds the deductible shown in the schedule or in the Declarations. We will then pay the amount of loss or damage in excess of the deductible, up to the applicable Limit of Insurance. D. LOSS CONDITIONS The following conditions apply in addition to the common Agreement conditions. Duties in the event of loss or damage Promptly notify the Trust or the Service Agent of any accident or loss and report how, when and where the accident or loss happened. Do what is reasonably necessary after a loss to protect the covered automobile from further loss. C. Submit a proof of loss when required by the Trust. Inspection and Appraisal Permit the Trust to inspect and appraise the damaged property BEFORE its repair or disposition. If there is a failure to agree as to the amount of loss, either party may further demand an appraisal of the loss. In such event, both parties may FMIT APD 1016 Page 2 of 4 agree on one competent appraiser to make the final decision or each party may select his own appraiser and bear his own cost of appraisal, and a competent and disinterested umpire will be selected to make the final decision. 3. Loss Payment a. At the Trust's option, it may: Pay for, repair, or replace damaged or stolen property; or 2. For theft, return the stolen property, at its expense. The Trust will pay for any damage that results to the automobile from the theft. The Trust will pay the lesser of the following amounts: The actual cash value of the damaged or stolen property at the time of loss. The cost of repairing or replacing the damaged or stolen property with other of like kind or quality. c. For each covered automobile, the Trust's obligation to pay for, repair, return or replace damaged or stolen property will be reduced by the applicable deductible shown in the Automobile schedule. Otherinsurance a. For any covered automobile owned or leased, this Agreement is primary. When this Agreement and other policies covered on the same basis, either excess or primary, the Trust will pay only its share. Its share is the proportion that the limit of this Agreement bears to the total of the limits of this Agreement and all the policies covering on the same basis. Right to Recover If the Trust makes any payment, it shall be subrogated and have the right to enforce its subrogation rights against any other party who caused the loss or damage. The Member, its agents and employees are required to cooperate with the Trust in the enforcement of its rights of collection against the party or parties causing the loss and shall do nothing to jeopardize the rights of the Trust without the Trust's prior consent and authorization. E. COVERAGE EXTENSIONS Limited Replacement Cost: We will reimburse the Designed Member for an owned and scheduled private passenger vehicle, pickup truck or sport utility vehicle that is involved in a covered total loss if the vehicle has less than 18,000 miles and is within the first 12 months of being scheduled at the time of the total loss. Member's Personal Effects: In the event of a covered loss, we will pay a maximum of $1,000.00 for Member's personal effects while in a scheduled private passenger vehicle, pickup truck or sport utility vehicle owned by the Designated Member. The covered vehicle must show evidence of forced entry when the occurrence is caused by theft and must be reported to a law enforcement agency. FMITAPD 1016 Page 3 of 4 3. Auto Lease Coverage: In the event of a covered total loss to a covered Automobile shown in the schedule, we will pay any unpaid amount on the lease of your covered Automobile less: 1) the amount paid under Part D of the agreement; and 2) any: a. overdue lease payments at the time of the loss: b. financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; C. security deposits not refunded by a lessor; d. costs for extended warranties, Credit Life insurance, Health, Accident or Disability insurance purchased with the lease; and e. carry-over balances from previous leases. The most we will pay for any one occurrence is up to $5,000.00. The most we will pay in any Trust year is up to $10,000.00. 4. Towing: We will pay a maximum of $100.00 per occurrence for towing and labor cost incurred each time a scheduled Automobile is disabled. However, the labor must be performed at the place of disablement. 5. Hired Automobile Physical Damage: For Members who purchase Automobile Physical Damage, a limit of $50,000.00 per rental private passenger vehicle is included subject to the greater of a $2,500.00 deductible or the highest deductible described on the Automobile Schedule. The most we will pay in any Trust Year is $100,000.00. 6. Accidental Inflation of Airbags: The most we will pay for any one occurrence is $1,500.00 for any and all damages or repair. F. DEFINITIONS Automobile business, means the business or occupation of selling, repairing, servicing, storing, or parking automobiles. Hired Automobile, means an automobile not owned by the Designated Member which is used under contract on behalf of, or loaned to, the Designated Member, provided such automobile is not owned by or registered in the name of an employee or agent of the Designated Member who is granted an operating allowance of any sort for the use of any such automobile. Owned Automobile, means an automobile owned by the Designated Member. Private Passenger Automobile, means a four-wheel private passenger or station wagon type automobile. Trailer, includes a semi -trailer but does not include mobile equipment, unless scheduled. Loss, means direct and accidental damage or loss. FMIT APD 1016 Page 4 of 4 THIS ENDORSEMENT CHANGES THE AGREEMENT. PLEASE READ IT CAREFULLY RENTAL REIMBURSEMENT COVERAGE This endorsement issued by the Trust extends and modifies the provisions of the Agreement relating to Automobile Physical Damage as set forth below. With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. A. This endorsement provides only those coverages where a premium is shown in the Automobile Physical Damage portion of the Schedule. It applies only to a covered "auto" described and designated in the Schedule. B. We will pay for rental reimbursement expenses incurred by you for the rental of an "auto" because of "loss" to a covered "auto". Payment applies in addition to the otherwise applicable amount of each coverage you have on a covered "auto". No deductibles apply to this coverage. C. We will pay only for those expenses incurred during the policy period beginning 24 hours after the "loss" and ending, regardless of the policy's expiration, with the lesser of the following number of days: 1. Thirty (30) days. or 2. The number of days reasonably required to repair or replace the covered "auto". If "loss" is caused by theft, this number of days is added to the number of days it takes to locate the covered "auto" and return it to you. D. Our payment is limited to the lesser of the following amounts: Necessary and actual expenses incurred that relate directly to the "loss" of the covered auto. 2. The maximum payment stated applicable to "any one day" or "any one period" for each occurrence. E. This coverage does not apply while there are spare or reserve "autos" available to you for use in your operations. Maximum Amount Payable: $50.00 per day per covered automobile per occurrence, or five thousand dollars ($5,000.00) in the aggregate for the Fund year in which the loss(es) occur. FMITARR 1009 Page 1 of 1 THIS ENDORSEMENT CHANGES THE AGREEMENT. PLEASE READ IT CAREFULLY SPECIFIC EXCESS ENDORSEMENT -AUTOMOBILE LIABILITY This endorsement, when issued by the Florida Municipal Insurance Trust, does not in any way modify the provisions of the Coverage Agreement. It does extend the monetary limits of liability, as stated in the Limits of Liability in the Declarations, as set forth below: It is agreed that the specific limits of liability are $ 5,000,000 (combined single limit) per Occurrence, for liability resulting from passage of a legislative claims bill and pursuant to Section 768.28(5) Florida Statutes, or liability imposed pursuant to Federal Law, or to any liability resulting from actions taken outside of the State of Florida where it is determined by a court of competent jurisdiction that the liability limitations contained in Section 768.28(5), Florida Statutes, are inapplicable, if such liability is covered by the Agreement. The limits provided herein are inclusive of the $200,000 each person and $300,000 each occurrence liability limitations contained in Section 768.28 (5), Florida Statutes, but in no way exceed $ 5,000,000 (combined single limit) per Occurrence. Exclusion Y is amended as follows: To any damages imposed by an act of the legislature, except for claims bills passed by the legislature pursuant to Section 768.28(5), Florida Statutes, against a Member, for damages covered under the terms of this Agreement. FMIT SE AL 1021 Page 1 of 1 THIS ENDORSEMENT CHANGES THE AGREEMENT. PLEASE READ CAREFULLY. EMPLOYER -PROVIDED VEHICLES —AUTOMOBILE LIABILITY It is agreed that as of the effective date of this Endorsement, the Automobile Liability portion of the Coverage Agreement is amended in the following particulars: Section I setting forth Automobile Liability coverage is amended to add the following: Automobile Liability coverage shall include the following additional coverage for scheduled vehicles assigned to employees of Designated Members: Bodily Injury, Property Damage, Personal Injury Protection, if applicable, and Uninsured Motorists, if applicable. However, this coverage shall only apply if the following conditions were in place at the time of the Occurrence: the Designated Member has implemented a policy governing the scope of authorized use of scheduled vehicles by its employees; any such vehicle has been specifically identified at least by vehicle identification number; the identity of the employee to whom the vehicle was assigned is recorded; and the employee was acting within the scope of vehicular use authorized by the Designated Member at the time of the Occurrence. Section II setting forth the definition of Member for purposes of Automobile Liability coverage is amended to provide the following: For purposes of the coverage provided by this endorsement only, part "A.' of the definition of Member in the Coverage Agreement's Definitions Section is amended to include the following: A. Any other person while using an Owned Automobile or a Hired Automobile with the permission of the Designated Member, provided his actual operation or (if he is not operating) his other actual use thereof is within the scope of such permission. In all other respects, this definition shall read as provided in the Coverage Agreement. III. Section VI setting forth the Exclusions from coverage under the Automobile Liability coverage is amended to replace Section VI.C.1. as follows: C. This Coverage Agreement does not apply to any liability arising in whole, or in part out of: 1. any act or omission of a Member committed while acting outside the scope of use authorized by the Designated Member, or committed in bad faith with malicious purpose, or in a manner exhibiting wanton and willful disregard of human rights, safety or property. FMITAE 1020 Page 1 of IV. Limit: The limits of liability for the types of coverage provided herein are the same as the corresponding limits described on the Automobile Liability and Physical Damage Declarations Page. FMIT AE 1020 Page 2 of 2