FLORIDA MUNICIPAL INSURANCE TRUST

DECLARATIONS

I. DESIGNATED MEMBER: Town of Orange Park

Address: 2042 Park Avenue

Orange Park, FL 32073

II. COVERAGE PERIOD

From October 1, 2025 to October 1, 2026

12:01 A.M. Standard Time at the address of the Designated Member.

III. AGREEMENT NUMBER

Florida Municipal Insurance Trust (FMIT) FMIT # 0438

IV. COVERAGES INCLUDED

General Liability Errors & Omissions Law Enforcement Liability Breach Response & Cyber Liability Automobile Property Workers Compensation

V. ESTIMATED ANNUAL PREMIUM

Normal Premium EC Incentive Credit Net Premium $841,398 $160 $300,038 $541,520

October 1, 2025

Signature of Authorized Representative Date

FMIT GL DEC 1024 Page 1 of 2

GENERAL /PROFESSIONAL LIABILITY COVERAGE AGREEMENT

DECLARATIONS

I. DESIGNATED MEMBER: Agreement No.: 0438

Town of Orange Park

II. Government Description

☒ Municipality County District Other

III. COVERAGE PERIOD

From October 1, 2025 to October 1, 2026 12:01 A.M. Standard Time at the address of the Designated Member.

Premium Basis

Deductible/ Type Limit Net Premium

IV General/Professional Liability $0 $2,000,000* $81,822

Payroll: 6,022,865.00

1. General Liability

a. Broad Form Property Damage $0 Per Form Included

b. Extra Contractual Legal Expense

N/A Per Form

c. Fire Legal Liability $0 Per Form

d. Medical Attendants’/Medical

Directors’ Malpractice Liability $0 $2,000,000

2. Errors & Omissions Liability $0 $2,000,000 Included

a. Employment Practices Liability $0 $2,000,000

b. Employee Benefits Program

Administration Liability $0 $2,000,000

3. Law Enforcement $0 $2,000,000 Included

Full Time with Arrest Powers: 26

Full/Part Time without Arrest Powers: 9

Clerical: 8

* This limit is inclusive of the extended limit as modified by FMIT SE GL or FMIT SE SIR GL, whichever is applicable. This limit is only available when the conditions of FMIT SE GL or FMIT SE SIR GL are met, whichever is applicable.

V. This Agreement includes these endorsements and schedules: See Schedule A

VI. ESTIMATED ANNUAL PREMIUM

Florida Municipal Insurance Trust

Normal Premium Incentive Credit Net Premium $147,168 $65,346 $81,822

Florida League of Cities Sponsored Insurance Programs Since 1977 THIS DECLARATIONS AND ALL SUPPLEMENTAL DECLARATIONS, TOGETHER WITH THE COMMON CONDITIONS, COVERAGE

FORMS AND ENDORSEMENTS COMPLETE THE ABOVE NUMBERED AGREEMENT.

FMIT GL DEC 1024 Page 2 of 2

FMIT GENERAL/PROFESSIONAL LIABILITY COVERAGES

October 1, 2025 – October 1, 2026 Scheduled Coverage Forms List

Town of Orange Park, FMIT # 0438

Schedule A Form # Description

FMIT COND 1025 Conditions of Coverage FMIT CA 1025 Coverage Agreement FMIT BFPD 1022 Broad Form Property Damage Endorsement FMIT ECLE 1025 Extra Contractual Legal Expense FMIT FLL 1012 Fire Legal Liability Endorsement FMIT MA 1018 Medical Attendants'/Medical Directors' Malpractice Liability FMIT EO 1022 Public Officials Errors And Omissions And Employment Practices Liabitiy

Endorsement FMIT EBL 1019 Employee Benefit Program Administration Errors And Omissions Liability

Endorsement FMIT LE 1018 Law Enforcement Liability Endorsement FMIT IC BH A 1021 Inverse Condemnation And Bert J. Harris Jr. Private Property Rights

Protection Act FMIT SE GL 1024 Specific Excess Endorsement - General Liability FMIT CIE 1011 Crisis Intervention Expense Endorsement FMIT SBU 1021 Sewerline Backup Initial Cleanup Expense

FMIT COND 1025 Page 1 of 3

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:

I. 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, 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 1025 Page 2 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. The Trust reserves the right to apply any Member contribution or payment to any outstanding balance owed by the Member.

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

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.

FMIT COND 1025 Page 3 of 3

Should the Members’ rights and duties be transferred to a legal representative, they may act 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 CA 1025 Page 1 of 20

COVERAGE AGREEMENT

APPLICABLE TO: GENERAL/PROFESSIONAL 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 1025 Page 2 of 20

B. Limit of Liability for Sexual Abuse and Sexual Action.

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.

All claims arising out of the same Sexual Action or Sexual Abuse act, including all interrelated sexual abuse acts of the Designated Member shall be deemed to be one claim subject to the limit of liability for a single claim and only one deductible shall be applicable to such single claim. Such claim shall be deemed to be first made on the date the earliest of such claims is first made, regardless of whether such date is before or during the Agreement period. All damages and all expenses from a single claim shall be deemed a single damage and claim expense.

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:

1. 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.

FMIT CA 1025 Page 3 of 20

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.

3. If two or more deductible amounts apply to coverage owed under this Coverage Agreement, as a result of a single Occurrence, FMIT shall apply only the largest deductible applicable to the coverage owed. If two or more limits apply to coverage owed under this Coverage Agreement, as a result of a single Occurrence, FMIT shall apply only the largest limit applicable to the coverage owed.

As a condition of coverage under this Coverage Agreement, the Member agrees:

1. 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.

4. 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.

FMIT CA 1025 Page 4 of 20

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.

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.

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);

FMIT CA 1025 Page 5 of 20

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);

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) 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

FMIT CA 1025 Page 6 of 20 provided in Section 768.28 Fla.Stat.; or does not otherwise comply with the express provisions of Section 768.28 Fla. Stat.

O. Intentionally left blank.

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:

1. after it is moved from the place where it is accepted for movement into or onto an aircraft, watercraft or “auto;”

2. while it is in or on an aircraft, watercraft or “auto;” or

3. 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:

1. 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 generators, FMIT CA 1025 Page 7 of 20 including spreading, welding and building cleaning 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.

1. False arrest, detention, imprisonment;

2. Wrongful entry or eviction, or other invasion of the right of private occupancy;

3. Publication or utterance:

a. of material that libels, slanders or defames or disparages a person or organization’s goods, products or services; or;

b. 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;

X. Pollutants, mean any solid, liquid, biological, gaseous or thermal irritant or contaminant, including smoke, dust, vapor, soot, fumes, acids, alkalis, chemicals and electromagnetic

FMIT CA 1025 Page 8 of 20 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.

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:

FMIT CA 1025 Page 9 of 20

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;

(2) others trading under your name; or

(3) a person or organization whose business or assets you have acquired; and

FMIT CA 1025 Page 10 of 20

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:

1. 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.

FMIT CA 1025 Page 11 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, implied, or quasi contract; from the Member’s assumption of liability in a contract or agreement, except an Incidental Contract as defined herein; or from any alleged estoppel.

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;

f. 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 marina facility; and

FMIT CA 1025 Page 12 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;

F. 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 bodily injury, property damage or any other loss 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. As used herein, and not for purposes of limiting the terms, pollutants and/or contaminants also include Perfluoroalkyl and Polyfluoroalkyl or “PFAS” substances including:

related subgroups thereof, PFAS replacement-related substances and all PFAS associated breakdown or derivative substances. 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 burns 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, critical illness, 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 or an entitlement to benefits under § 112.1816, Fla. Stat.;

FMIT CA 1025 Page 13 of 20

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 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.