FACT_9020_Walton_County_BCC_25.26_Policy.pdf

FLORIDA ASSOCIATION OF COUNTIES TRUST

DECLARATIONS

I. DESIGNATED MEMBER: Walton County Board of County Commissioners

Address: 45 North 6th Street DeFuniak Springs, FL 32433

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 Association of Counties Trust (FACT) FACT # 9020

IV. COVERAGES INCLUDED

General Liability Breach Response & Cyber Liability

V. ESTIMATED ANNUAL PREMIUM

Net Premium $1,465,712

October 1, 2025

Signature of Authorized Representative Date

FACT GL DEC 1024 Page 1 of 3

GENERAL /PROFESSIONAL LIABILITY COVERAGE AGREEMENT

DECLARATIONS

I. DESIGNATED MEMBER: Agreement No.: 9020 Walton County Board of County Commissioners

II. Government Description County

III. COVERAGE PERIOD

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

IV. General/Professional Liability General Liability $10,000 Per

Occurrence $1,000,000* $1,448,912

General Aggregate

$3,000,000

Errors and Omissions Liability $10,000 Per Occurrence

$1,000,000 Included

General Aggregate

Included Above

Civil Rights Liability $10,000 Per Occurrence

$1,000,000 Included

General Aggregate

Included Above

Medical Attendants’/Medical Directors’ Malpractice Liability

$10,000 Per Occurrence

$1,000,000 Included

General Aggregate

Included Above

Employment Practices Liability $10,000 Per Occurrence

$1,000,000 Included

Aggregate $2,000,000

N/A Per Occurrence

$50,000 IncludedFire Damage

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

FACT GL DEC 1024 Page 2 of 3

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

VI. ESTIMATED ANNUAL PREMIUM

Florida Association Of Counties Trust

Net Premium $1,448,912

THIS DECLARATIONS AND THE SUPPLEMENTAL DECLARATIONS, TOGETHER WITH THE

COMMON CONDITIONS, COVERAGE FORM(S) AND ENDORSEMENTS COMPLETE THE

ABOVE NUMBERED AGREEMENT.

FACT GL DEC 1024 Page 3 of 3

FACT GENERAL/PROFESSIONAL LIABILITY COVERAGES

Scheduled Coverage Forms List

Walton County Board of County Commissioners, FACT # 9020

Schedule A Form # Description

FACT GL 1025 Coverage Agreement FACT BFPD 1021 Broad Form Property Damage Endorsement FACT MA 1018 Medical Attendants’ / Medical Directors’ Malpractice Liability Endorsement FACT EPL 1018 Wrongful Employment Practices Liability Endorsement FACT COE 1014 Constitutional Officer Endorsement FACT ECLE 1018 Extra Contractual Legal Expense Coverage Endorsement FACT IC BH 1021 Inverse Condemnation and Bert J. Harris Jr. Private Property Rights

Protection Act FACT SBU 1021 Sewerline Backup and Initial Cleanup Expense FACT DEDL 1018 Deductible Endorsement FACT SE GL 1024 Specific Excess Endorsement – General Liability

FACT GL 1025 Page 1 of 30

COVERAGE AGREEMENT

APPLICABLE TO: GENERAL/PROFESSIONAL LIABILITY

In consideration of the Designated Member’s payment of the required contributions and the covenants and terms set forth in (a) the Designated Member’s PARTICIPATION AGREEMENT, (b) the AGREEMENT AND DECLARATION OF TRUST CREATING THE FLORIDA ASSOCIATION OF COUNTIES TRUST, (c) the coverage DECLARATIONS and (d) the COVERAGE AGREEMENT including any endorsements thereto and its terms, conditions, Limits of Liability exclusions and other provisions, (a, b, c and d shall hereinafter collectively form and be referred to as the “Coverage Agreement”), the Florida Association of Counties Trust (hereinafter the “Trust”) hereby enters this Coverage Agreement with the Designated Member as follows:

A. COVERAGES

The Trust will pay all sums a Member becomes legally obligated to pay as Damages because of:

Bodily Injury Liability;

Property Damage Liability;

Personal Injury Liability;

Advertising Injury Liability;

Errors and Omissions Liability; or Civil Rights Liability to which this Coverage Agreement applies, when caused by an Occurrence which takes place during the coverage period of this Coverage Agreement.

B. LIMIT OF LIABILITY

The Trust’s Limit of Liability represents its entire obligation to defend and indemnify a Member pursuant to this Coverage Agreement and regardless of the number of (1) Members under this Coverage Agreement, (2) persons or organizations who sustain injury or damage or (3) Claims made or Suits that arise, the liability of the Trust is limited as follows:

General/Professional Liability General Aggregate Limit:

During the annual coverage period in which this Coverage Agreement is in effect, the most the Trust will pay under this General/Professional Liability coverage part for all Damages in aggregate and regardless of the number of Occurrences, including, but not limited to Damages awarded for derivative Claims, taxable costs, and claimant attorney’s fees, shall be the General/Professional Liability General Aggregate Limit stated in the Declarations to this coverage part, including applicable endorsements, if any, referenced therein.

Sexual Abuse and Sexual Action Shared Aggregate Limit:

During the annual coverage period in which this Coverage Agreement is in effect, the most the Trust will pay for all Claims or Suits alleging Sexual Abuse and related Damages among all Members shall not exceed a limit of $3,000,000 for all Members combined on a shared aggregate limit basis.

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.

FACT GL 1025 Page 2 of 30

General/Professional Liability Per Occurrence Limit:

During the annual coverage period in which this Coverage Agreement is in effect, the most the Trust will pay under this General Professional Liability coverage part for Damages in any single Occurrence, including but not limited to damage awards for derivative Claims, taxable costs, and claimant attorney’s fees, shall be the General/Professional Liability Per Occurrence Limit stated in the Declarations, including any applicable endorsements referenced therein.

Fire Damage Per Occurrence Limit:

In any Claim or Suit for Damages in which the alleged basis of Member liability is property damage caused by fire, the most the Trust will pay for Damages as the result of any single Occurrence of property damage caused by fire shall be the Fire Damage Per Occurrence Limit stated in the Declarations to this coverage part.

Supplemental Payments:

Subject to the Trust’s determination that a coverage obligation exists under the Coverage Agreement, and its determination of the extent to which coverage applies to any Occurrence, Claim, Suit or count therein, the Trust will pay the following costs and expenses, hereinafter referred to as Supplemental Payments, if required to investigate, settle and/or defend any Occurrence, Claim, Suit or count therein:

1. All expenses incurred by the Trust for the investigation, defense or settlement of any Claim or Suit;

2. Up to $250, at the Trust’s option, for the cost of bail bonds (including bonds for related traffic law infractions required because of an Occurrence covered under this Coverage Agreement);

3. The costs of bonds required to release attachments in any Suit the Trust defends, but only for such bond amounts within the unused portion of the stated Limit of Liability provided in the Declarations;

4. All reasonable expenses incurred by a Member at the express request of the Trust, including actual loss of earnings up to $250 per day because of time off from work, but only for such amounts within the unused portion of the stated Limit of Liability provided in the Declarations;

5. All costs taxed against the Member in any Suit the Trust defends, including plaintiffs’ attorneys’ fees awarded pursuant to 42 United States Code §1988 because of a covered count in any Suit the Trust defends, but excluding any other award of plaintiffs’ attorneys’ fees awarded under any other federal, state or local law or regulation;

6. All prejudgment interest that accrues on the full amount of any judgment paid by the Trust, excluding any prejudgment interest that accrues after the date upon which the Trust makes an offer to pay the unused portion of the stated Limit of Liability provided in the Declarations;

7. All interest that accrues on the full amount of any judgment after entry of the judgment in any Suit the Trust defends, but the Trust’s duty to pay interest ends after the date upon which it offers to pay, pays or deposits into the registry of the court, that portion of any judgment that is within the unused portion of the stated Limit of Liability provided in the Declarations;

8. The amount of expenses incurred by a Member for first aid to others that arises at the time of an Occurrence for which there are Damages from bodily injury covered under this Coverage Agreement.

Supplemental Payments Conditions:

For any Claim or Suit investigated, settled and/or defended by the Trust, Supplemental Payments shall be included in but shall not reduce the above-described Limit of Liability except as follows:

For each Occurrence in which liability for Damages covered by this Coverage Agreement is alleged to arise against the Member as a result of Sexual Abuse, Supplemental Payments shall not reduce the above-described Limit of Liability until the sum of Supplemental Payments paid reaches $1 million dollars, at which point, Supplemental Payments shall thereafter reduce the above-described 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.

FACT GL 1025 Page 3 of 30

C. DEFENSE AND SETTLEMENT

1. Defense

A. The Trust will settle or defend, as it determines appropriate in its discretion, any Claim or Suit demanding Damages covered by this Coverage Agreement. The Trust will defend any Suit against a Member which alleges 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 not covered by this Coverage Agreement.

B. 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 defense costs, fees, judgments, settlements or any damages which a Member becomes legally obligated to pay for allegations to which coverage under this Coverage Agreement does not apply. The Trust hereby expressly reserves its right to deny any payments under such circumstances. The Trust’s obligation to defend or otherwise indemnify a Member shall in all cases end when the applicable Limit of Liability has been exhausted.

The Trust may, at its discretion, investigate any Occurrence resulting in a claim for damages and settle, in whole or in part, any such claim.

C. 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 other Claim defense measures permitted by applicable state law and 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 from 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

FACT GL 1025 Page 4 of 30 representation only to the extent of usual, customary and reasonable legal fees and charges ordinarily paid to attorneys retained by the Trust.

2. Settlement Obligations of the Trust

A. The Trust shall have no obligation to the Member, any excess or reinsurance carrier, any third-party claimant or any purported third-party beneficiary of any of the foregoing to:

1. Settle any Claim or Suit within the Limits of Liability shown in the Declarations;

2. Offer to settle any Claim or Suit within the Limits of Liability shown in the

Declarations;

3. Offer to settle any Claim or Suit, or otherwise remit payment of any coverage applicable to any Claim or Suit for which there is coverage under this Coverage Agreement, in any manner deemed most favorable to any Member or third party;

or

4. Advise the Member of the existence, availability or applicability of any excess or reinsurance coverage.

B. 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 in relation to the Claim or Suit, through the date at 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 obtain prior notice or authorization of the Member or its legal counsel to make any proposed settlement, actual settlement or partial settlement of any Claim or Suit covered under this Coverage Agreement.

D. MEMBER OBLIGATIONS AND CONDITIONS OF COVERAGE

1. 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 execute and deliver such instruments and papers as are required, to cooperate with and otherwise assist the Trust as may be necessary to effect any recovery sought by

FACT GL 1025 Page 5 of 30 the Trust pursuant to such subrogated rights, to do whatever else is reasonably necessary to secure such right to the Trust, and to do nothing that will impair the rights of the Trust herein described. 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-insured retention, less the proportionate amount of attorney’s fees and related costs incurred by the Trust to effect the recovery.

2. The Member shall make prompt payment of all contributions as required by the Trust. Any disputes concerning contributions shall be resolved after payment. Any objections concerning contributions shall be filed within 60 days of billing of the contributions. After that time, the 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.

3. Member’s duties after loss: In the event of a Claim or Suit or an Occurrence for which there is reasonable belief that a Claim or Suit for Damages will arise, the Member shall act in accordance with the following, and all references to the Trust shall also include, by reference, the Trust’s Service Company:

a. 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

b. 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

c. 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; and

d. 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

e. Not engage in independent settlement negotiations as to any Claim or Suit, understanding that 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; and

f. Agree to take all reasonable actions, where appropriate, which shall facilitate settlement of Claims; and

g. Agree to responsible Claim defense counsel selected by the Trust to defend the Claim and agree not to use the Member's counsel in defense of said action, unless expressly provided otherwise under this Agreement or unless expressly authorized by the Trust; and

h. Keep all bills, receipts and related documents that establish the amount of loss; and

i. Furnish a complete inventory of the loss, damaged and destroyed property, showing in detail the quantity and amount of loss Claimed under the valuation provision of the Coverage Agreement; and

FACT GL 1025 Page 6 of 30

j. Where applicable, promptly separate any damaged property from the undamaged property, and keep it in the best possible order for examination;

and

k. Take all reasonable steps to protect the covered property from further damage; and

l. Give notice of such loss to the proper authorities if the loss may be due to a violation of the law; and

m. In the event of an Occurrence resulting in any loss to an automobile covered by this Agreement, Member duties include the following:

1. Notify law enforcement in the event any theft has occurred;

2. Take reasonable measures to protect the automobile from further harm or damage and document all expense incurred;

3. Allow the Trust reasonable access to the automobile for inspection and documentation of the loss;

4. Submit to an Examination Under Oath at the Trust’s request, including a sworn statement attesting to the truth of all answers provided.

4. Transfer of Member’s rights and duties under this Agreement.

Your rights and duties under this Coverage Agreement may not be transferred without written consent of the Trust. This applies to all coverages, including any that may be added after the initial effective date of the Coverage Agreement.

Should your rights and duties be transferred to a legal representative, they may act only within their scope of duties with regard to this Coverage Agreement. When absolutely necessary, until your legal representative is appointed, anyone with proper temporary custody of your property will have your rights and duties but only with respect to that property.

5. When a Claim is Considered Made: For any Occurrence resulting in a Claim or Suit for which coverage is sought under this Agreement, a Claim shall be deemed to have been made upon the happening of one or more of the following:

a. The first written notice of a Suit is received by any Member from any person or entity advising that such person or entity intends to hold the Member responsible for covered Damages cause by or resulting from the Member’s action or inaction;

b. The first written notice that any judicial, administrative or arbitration proceeding has been initiated against any Member that seeks to hold any Member responsible for covered Damages cause by or resulting from the Member’s action or inaction; or

c. The Trust reaches a legally binding settlement agreement with any person seeking Damages that are alleged to be the result of the Member’s action or inaction, and prior to any of the circumstances described in 4.a. or 4.b.

above.

FACT GL 1025 Page 7 of 30

E. DEFINITIONS

The following definitions apply throughout this Coverage Agreement unless modified or excluded:

1. Advertising Injury means a Claim for Damages alleging injury arising solely out of an offense committed during the Coverage Agreement period and occurring in the course of the Designated Member's advertising of its goods, products or services, but only 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.

2. Additional insured means that person, party, entity, partnership, joint venture, limited liability company or other organization designated in an amendatory endorsement made part of this Coverage Agreement or through Certificate of Coverage, but coverage is afforded only to the extent provided therein and coverage shall not exceed the limits of liability applicable to the Designated Member that are specified in the Declarations of this Coverage Agreement.

3. Agreement Territory means the United States of America, its territories and possessions, Puerto Rico and Canada (primary coverage territory). It also means international waters or airspace, provided the injury or damage does not occur in the course of travel to or from any place other than the primary coverage territory; or any other place in the world if the injury or damage arises out of: goods or products made or sold by the Designated Member in the primary coverage territory or the activities of a person whose home is in the primary coverage territory but is away for a short time on Designated Member business.

4. Automobile means a land motor vehicle, trailer or semi-trailer designed for travel on public roads (including any machinery or apparatus attached thereto), but does not include mobile equipment and does not include any vehicle designed for travel on public roads that is operating through use of any autonomous technology without a licensed driver in position to drive the vehicle.

5. Automobile Pollution Expense means:

a. Any cost or expense arising from a Claim that alleges an automobile-related pollutant has been unintentionally discharged or released from an automobile for which there is coverage under this Coverage Agreement.

b. Automobile Pollution Expense does not include any automobile-related pollutant that:

1. is in a state of transit or movement, any time before, or after it ceases, being put to its mechanical use as intended by its manufacturer within an automobile covered by this Coverage Agreement; or

2. is only being stored, disposed of, treated or processed in an automobile covered by this Coverage Agreement, and not put to its intended mechanical use.

c. Automobile Pollution Expense shall include fuel, lubricants, fluids, exhaust gases or other substances necessary for the ordinary electrical, hydraulic or mechanical functioning of an automobile covered by this Coverage Agreement if:

1. the fuel, lubricants, fluids, exhaust gases or other substance are discharged or released directly from an automobile component designed to hold or collect it; and

2. any related cost, expense or Damages do not arise from the operation of air compressors, pumps and generators, including spreading, welding and building cleaning equipment; or geophysical exploration and well servicing equipment; or cherry pickers and similar devices used to raise or lower workers.

FACT GL 1025 Page 8 of 30

d. Automobile Pollution Expense shall include such costs or expenses arising from an Occurrence, away from the premises owned or leased by the Designated Member and involving any automobile-related pollutant not being put to its mechanical use as intended by its manufacturer within an automobile covered by this Coverage Agreement if:

1. the automobile-related pollutant is discharged or released as a direct result of the ordinary, intended mechanical operation or use of an automobile covered by this Coverage Agreement; and

2. the discharge or release of such automobile-related pollutant is caused directly by the upset, overturn, or damage to the automobile or the automobile-related pollutant.

6. Automobile-Related Pollutant means any solid, liquid or gaseous irritant, acid, alkali, chemical or like environmental contaminant used in the ordinary, intended mechanical operation of an automobile.

7. Bert J. Harris, Jr., Private Property Rights Act claim means a Claim alleging a cause of action authorized by section 70.001(1), Fla. Stat., as amended from time to time.

8. Bodily Injury Liability, means bodily injury, sickness, disease, disfigurement or death caused by an Occurrence resulting in a Claim or Suit for Damages and excludes any liability arising from Wrongful Employment Practices liability, Employee Benefits Errors and Omissions liability, Personal Injury Liability, Advertising Injury liability or Civil Rights liability.

9. Claim means a demand or charge made against a Member, whether formal or informal, based on an alleged occurrence involving the Member, and includes any such demands or charges that mature into a Suit. Claim does not include a labor grievance or other matter provided for in a collective bargaining agreement.

10. Civil Rights Liability means a Claim or Suit for Damages alleging liability based on violation of individual civil rights pursuant to Title 42, United States Code, §§1981, 1982, 1983, 1985 and/or 1986, and excluding any Claim for Damages arising from Wrongful Employment Practices Liability or Employee Benefits Program Errors and Omissions liability.

11. Damages means monetary sums sought or awardable as compensatory relief in a civil law Claim or Suit as a result of an Occurrence resulting in Bodily Injury Liability, Property Damage liability, Personal Injury Liability, Advertising Injury liability, Employee Benefits Program Errors and Omissions liability, Errors and Omissions liability or Civil Rights liability. When Wrongful Employment Practices liability or Employee Benefits Errors and Omissions liability is provided for in this coverage part by endorsement(s) reflected in the Declarations to the Coverage Agreement, Damages may then include sums which a Member becomes legally obligated to pay as a result of an Occurrence resulting in Wrongful Employment Practices liability or Employee Benefits Errors and Omissions liability.

a. Damages shall exclude:

1. punitive or exemplary Damages;

2. civil or criminal penalties or fines;

3. taxes;

4. the multiplied portion of any damage award by a court (i.e. double or treble damage awards) in excess of the principal Damages awarded by a court; and

FACT GL 1025 Page 9 of 30

5. any court or other tribunal order to take or forbear taking any action;

6. any fees or costs Claimed or incurred as a result of a Claim or Suit, unless specifically provided for under the Supplemental Payments provisions of this General/Professional Liability coverage part of the Coverage Agreement;

b. Damages, for purposes of Wrongful Employment Practices Liability, shall exclude:

1. front pay, salary, wages, benefits or other future compensation;

2. back or front benefits or other non-wage or non-salary compensation;

3. interest or penalties on any such measure of Damages described in this subsection; and

4. any costs or expenses ordered to be paid in connection with providing equipment, facilities, personnel, physical modifications, alterations or improvements ordered in connection with alleged violation of the Americans with Disabilities Act of 1990 (ADA), the Rehabilitation Act of 1973 or any similar federal, state or local enactment.

12. Designated Member means the entity or organization named in Item I. of the Declarations of this Coverage Agreement or included by reference in Item V. of the Declarations of this Coverage Agreement; Designated Member does not include employees or agents of such entity or organization.

13. Designated Member's Products means goods or products manufactured, sold, handled, or distributed by the Designated Member or by others trading under its 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 the Designated Member or located for use of others but not sold.

14. 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.

15. Employee Benefits Program Errors and Omissions Liability means a Claim for Damages alleging any misstatement, omission, neglect or breach of duty in explaining, interpreting, recordkeeping, enrolling, terminating, projecting estimated benefits or processing Claims for benefits, in connection with an Employee Benefits Program. As defined, Employee Benefits Program Errors and Omissions liability excludes: any Bodily Injury Liability, Property Damage liability, Personal Injury Liability, Advertising Injury and Errors and Omissions liability.

16. Employee Benefits Program means any pension and profit sharing plan; individual retirement account (IRA) plan; salary reduction plan permitted for purposes of retirement savings under Internal Revenue Code 401 (k), 457(b), or any similar provisions of federal law, including any amendments thereto; 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, and vacation plans;

educational tuition reimbursement plan or any other employee benefit programs created, administered or endorsed by the Designated Member for the benefit of individuals it employs.

17. Errors and Omissions, means any error or omission, misstatement, neglect or breach of duty by the Member while lawfully acting in their official capacity or scope of employment, for which a Claim alleging Member liability for Damages is made, whether the Member is acting individually or collectively. As defined, Errors and Omissions excludes any Claim, Suit or liability involving:

FACT GL 1025 Page 10 of 30

Bodily Injury Liability, Property Damage Liability, Personal Injury Liability, Civil Rights Liability or Employee Benefits Program Errors and Omissions Liability; any failure to obtain any insurance coverage of any type or amount; any Ethics Proceeding; or any Claim otherwise expressly excluded from coverage elsewhere within the Coverage Agreement.

18. 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.

19. Incidental Contract means a written (a) lease of premises, (b) easement or license agreement granted to the Designated 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 Designated Member for which tort liability would be imposed against the Designated 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 Designated Member’s products or a warranty that work performed by or on behalf of the Designated 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 Designated 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 Designated Member’s sovereign immunity or extend the Designated Member’s tort liability beyond the limits expressly provided in Section 768.28 Fla. Stat.; seeks to impose liability upon the Designated Member through a contract or other written agreement 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.;

20. Incidental Medical Malpractice means a medical treatment-related injury Claim arising out of:

a. emergency medical services rendered or which should have been rendered to any person or persons by any duly certified emergency medical technician or paramedic employed by the Designated Member; or

b. medical services rendered or which should have been rendered to any person or persons by any nurse, Medical Examiner or County Coroner who is employed by or acting on behalf of a Designated Member to provide such services, but is not employed at a hospital, clinic or nursing home facility.

However, Incidental Medical Malpractice does not mean, and excludes, a medical treatment-related Claim arising from the provision or failure to provide medical, surgical, dental, nursing or diagnostic service or treatment, or the furnishing or dispensing or failure to furnish or dispense pharmaceutical drugs or medical, dental, or surgical supplies or equipment at any jail or detention facility. And further, Incidental Medical Malpractice does not mean and excludes Claims related to a Medical Director of the Designated Member as provided in section 401.265, Florida Statutes.

21. Interlocal Agreement means an agreement authorized by Chapter 163, Part I, Fla. Stat., that complies with the express provisions of Section 768.28, F. S.

22. 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

FACT GL 1025 Page 11 of 30 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.

23. Loading or unloading means the handling of property:

a. after it is moved from the place where it is accepted for movement into or onto an aircraft, watercraft or automobile;

b. while it is in or on an aircraft, watercraft or automobile; or

c. while it is being moved from an aircraft, watercraft or automobile 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 automobile.

24. Member, as used herein means:

a. the Designated Member; and

b. while acting within the scope of his or her duties or employment, any officer, volunteer, or employee of the Designated Member, including elected and appointed officials, and members of the Designated Member’s boards or commissions. However, the coverage so provided any officer, employee or volunteer does not apply to any Claim, Suit or liability against another officer, employee or volunteer of the Designated Member or any of either’s immediate family members by a Member, if injured in the course of and arising out of his or her duties or employment;

c. any person or entity, other than the Designated Member’s officer, volunteer or employee, while acting as the Designated Member’s real estate agent; and

d. any person or entity acting as the legal representative of a deceased Member.

Except with respect to the Limit of Liability of the Trust and any deductible shown in the Declarations to this Coverage Agreement, the coverage afforded applies separately to each Member against whom a Claim is made or Suit is brought, and does not apply to Claims for Damages 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 directly or by endorsement.

25. 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, including spreading, welding and building cleaning equipment; geophysical exploration and well servicing equipment; and cherry pickers or similar devices used to raise or lower workers.

FACT GL 1025 Page 12 of 30

26. Occurrence means an event or accident, including continuous or repeated exposure to the same general harmful conditions, which results in a Claim or Suit 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:

a. that happen over a period of time;

b. that happen repeatedly;

c. that form a course of conduct;

d. that involve ordinances, resolutions, policies, procedures or legislative enactments that involve the same or substantially similar subject matter;

e. 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

f. that are certified by a court of competent jurisdiction to form the basis for class-action litigation.

27. Personal Injury means injury sustained by any person or organization and allegedly arising out of one or more of the following enumerated offenses committed during the term of this Agreement:

a. False arrest, detention, imprisonment;

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

c. Publication or utterance:

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

2. 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; or

d. malicious prosecution.

28. 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.

29. Products-Completed Operations Hazard:

a. Shall include all Bodily Injury and Property Damage occurring away from premises you own or rent and arising out of Your Product or Your Work except:

1. products that are still in your physical possession; or

FACT GL 1025 Page 13 of 30

2. work that has not yet been completed or abandoned. However, Your Work will be deemed completed at the earliest of the following times:

(a) when all of the work called for in your contract has been completed;

(b) 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; or

(c) 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.

b. But does not include Bodily Injury Liability and Property Damage Liability arising out of:

1. 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 Member;

2. The existence of tools, uninstalled equipment or abandoned or unused materials; or

3. 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 aggregate Limit of Liability.

30. Property Damage means:

a. physical injury to or destruction of tangible property which occurs during the coverage period of this Coverage Agreement, 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 coverage period of this Coverage Agreement; but,

c. when fire causes property damage, as described in 30.a. and/or 30.b. above, to structures or portions thereof rented to or leased to the Member or temporarily occupied by the Member with the permission of the owner, the meaning of property damage shall only be applied subject to the following conditions:

1. All of the exclusions of the Coverage Agreement, other than the Nuclear Energy Liability Exclusion, shall be replaced by the following:

This coverage does not apply to liability assumed by the Member under any contract or agreement;

2. Subject to the Limit of Liability section of this Coverage Agreement, the Limit of Liability when fire causes property damage is $50,000 per Occurrence, unless otherwise specifically stated in the Declarations or in an endorsement that forms part of this Coverage Agreement; and

3. The Limit of Liability when fire cause property damage shall be excess over any valid and collectible property insurance (including any deductible portion thereof), available to the Member, such as, but not limited to, Fire, Extended Coverage, Builder’s Risk

FACT GL 1025 Page 14 of 30

Coverage or Installation Risk Coverage, and the other insurance provisions of the Coverage Agreement are amended accordingly.

d. As used herein, Property Damage excludes any liability arising from Wrongful Employment Practices Liability, Employee Benefits Errors and Omissions Liability, Personal Injury Liability, Advertising Injury Liability or Civil Rights Liability.

e. 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.

31. 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.

32. 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:

a. 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.

b. any sexual contact between the genitals or anal opening of one person and the mouth or tongue of another person.

c. 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.

d. 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:

1. any act which may reasonably be construed to be a normal caregiver responsibility, any interaction with, or affection for an individual; or

2. any act intended for a valid medical purpose.

e. the intentional masturbation of the perpetrator’s genitals.

f. 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.

g. the sexual exploitation of an individual, which includes allowing, encouraging, or forcing an individual to:

1. solicitation for or engage in prostitution; or

2. any play, motion picture, photograph, or dance or any other visual representation exhibited before an audience.

33. Suit means a civil court legal proceeding which alleges bodily injury liability, property damage liability, personal injury liability, advertising injury liability, errors and omissions liability, civil rights

FACT GL 1025 Page 15 of 30 liability, wrongful employment practices liability, employee benefits errors and omissions liability, covered auto pollution cost or expense and/or other covered Member liability to which this Coverage Agreement applies. Unless specifically excluded, suit may include:

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.

34. Wrongful Employment Practices Liability means liability 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:

a. discrimination, (including but not limited to discrimination based upon age, gender, race, color, national origin, religion, sexual orientation or preference, pregnancy or disability);

b. employment-related misrepresentation(s) to an employee or applicant for employment with the Designated Member;

c. failure to provide or enforce adequate or consistent policies and procedure relating to any Wrongful Employment Practice;

d. harassment (including sexual harassment whether quid pro quo, hostile work environment or otherwise);

e. actual or alleged retaliation (including lockouts) or employment decisions involving violation of any federal, state, or local whistleblower protection law;

f. 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;

g. wrongful discipline;

h. wrongful dismissal, discharge or termination…