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FY 24-25 Coverage Documents1. COVER LETTER September 5, 2023 Mr. Scott Carroll General Manager Costa Mesa Sanitary District 290 Paularino Avenue Costa Mesa, California 92626 SUBJECT: 2023-24 Property/Liability and Workers’ Compensation Coverage Documents Dear Mr. Carroll, The 2023-24 coverage documents are now available through MemberPlus OnlineTM. The documents can be accessed from the top navigation menu under “Coverage Documents” for viewing and printing as necessary. If your agency has any special endorsements, they will be listed in the section under Declarations – Exhibit H Special Endorsements. The Change Summary provides the coverage changes for 2023-24 compared to 2022-23. We suggest that your staff responsible for risk/claims management review these documents. In summary, the Property/Liability Program and Workers’ Compensation Program Coverage Documents include the following documents: Exhibit A: Liability Coverage Exhibit G: Pollution Coverage Exhibit B: Property Boiler Coverage Exhibit H: Special Endorsements Exhibit C: Uninsured/Underinsured Motorist Coverage Exhibit I: Workers’ Compensation Agreement Exhibit D: Employee Dishonesty Exhibit E: Board Members Personal Liability Coverage Exhibit F: Cyber Coverage Exhibit J: Workers’ Compensation Coverage Exhibit K: Vehicle Comprehensive and Collision One of our primary program objectives is to serve as an extension of your agency’s staff by providing effective risk management resources and responsive member services. Should you have any questions regarding the 2023-24 Property/Liability and Workers’ Compensation Coverage Documents, please contact Member Services at memberplus@sdrma.org or 800-537-7790. On behalf of SDRMA’s Board of Directors, we would like to thank you for your continued participation in our programs! Respectfully, Special District Risk Management Authority Brian Kelley, MBA, ARM Chief Executive Officer 2. TABLE OF CONTENTS Table of Contents 2023-24 Property/Liability Coverage Documents Special District Risk Management Authority Rev 08/01/2023 T. 800-537-7790 F. 916-231-4111 www.sdrma.org As a member of the Special District Risk Management Programs, your agency participates in a risk-financing program described on the following pages. SDRMA strongly recommends that agency staff responsible for risk management, claims management and overall agency supervision review and familiarize themselves with each section of the Coverage Binder. If you have any questions, please contact Member Services at memberplus@sdrma.org or 800-537-7790. Agency Action Checklist The checklist outlines agency action items required for coverage. Property/Liability Change Summary for Coverage Documents The Change Summary represents the principal policy changes for the current program year. Workers’ Compensation Change Summary for Coverage Documents The Change Summary represents the principal policy changes for the current program year. Non-Member’s Certificates of Coverage Enclosed in this section are the member agency’s Non-Member’s Certificates of Coverage (if applicable). The certificate(s) have been issued to third parties that require your agency to name them as an additional insured or loss payee under the Package Program. The certificate provides the Certificate Holder evidence of coverage as an additional insured or loss payee with respects to the member agency listed as the Insured/Participant. The Non-Member’s Certificate of Coverage contains the following information: • Insured Member/Participant • Certificate Holder • Policy Dates • Limits of Liability • Coverages included in the package • Company providing coverage and corresponding policy number Table of Contents 2023-24 Property/Liability Coverage Documents Special District Risk Management Authority Rev 08/01/2023 T. 800-537-7790 F. 916-231-4111 www.sdrma.org Should your agency need to add or delete Non-Member’s Certificates of Coverage, click on REPORTS/FORMS/ARCHIVES in the top navigation bar and then select Non-Member Certificates in MemberPlus Online. Property/Liability Memorandum of Coverages The Memorandum of Coverages along with the Declarations, Sixth Amended and Restated Joint Powers Agreement and SDRMA’s Bylaws constitute the entire agreement concerning risk-financing coverage between or successor documents thereto, SDRMA and your agency. In some cases, SDRMA contracts with third party insurance companies and excess reinsurance providers to cover specific portions of the Package Program. The Memorandum of Coverages references several exhibits that contain specific policy language; exclusions, coverage limits and policy documents provided by the third- party insurers that make up the Package Program. Declarations The Declarations contained on the following pages in this section describe the coverages for which the agency participates in as well as the Limits of Liability. • General Liability • Property • Boiler and Machinery • Uninsured and Underinsured Motorists • Employee and Public Officials Dishonesty • Personal Liability – Board Members/Directors • Cyber Coverage (if applicable, verify policy) • Pollution Liability Coverage • Specific Terms and Endorsements (if applicable) • Workers’ Compensation • Vehicle Comprehensive and Collision Scheduled Item Listings Enclosed in this section are reports detailing your agency’s scheduled inventory for Property, Vehicles, Mobile/Contractor’s Equipment and Trailers. In the event your agency has not reported inventory for Property, Vehicles, Mobile/Contractor’s Equipment or Trailers the enclosed reports will indicate a zero value and the report schedule below will indicate no scheduled inventory reported. It is highly recommended that the agency review the Scheduled Inventory Reports for accuracy and report any changes (additions or deletions) to inventory as they occur. All property that the agency has a financial (insurable) interest in should be included in the scheduled inventory listings to ensure that it is properly covered under the Package Program. Table of Contents 2023-24 Property/Liability Coverage Documents Special District Risk Management Authority Rev 08/01/2023 T. 800-537-7790 F. 916-231-4111 www.sdrma.org Vehicle Coverage Card Copies Enclosed in this section are duplicate copies of the Vehicle Coverage Cards for members that have covered vehicles. This copy serves as reference and if necessary, can be duplicated and placed in the applicable vehicle should the original card be misplaced. Each Vehicle Coverage Card contains the following information: • Member Agency Name • Effective Dates of Coverage • Vehicle year, make, model and Vehicle Identification Number (VIN) • Coverage (Liability, Comprehensive, Collision and applicable Deductibles) • Policy Number We recommend that you review the information shown on the Vehicle Coverage Cards to ensure that the desired coverage is indicated on the card. 3. AGENCY ACTION CHECKLIST Agency Action Checklist The following checklist outlines agency action items required for coverage: Change Summary Agency Action Required - Review the Change Summary for the Coverage Documents and determine applicability to your agency’s exposures. Member’s Certificate of Coverage Agency Action Required - Review the information contained in the Member’s Certificate of Coverage. Non-Member’s Certificates of Coverage Agency Action Required - Review the Non-Member’s Certificates of Coverage for accuracy. Should your agency require additional certificates or you need to delete an existing certificate, click on Reports/Forms/Archives and Non- Member Certificate to complete a request form in MemberPlus Online. Memorandum of Coverages No Agency Action Required – Reference Only Declarations Agency Action Required - Review the information contained in the Member’s Declarations. Scheduled Items Listings Agency Action Required - Review the Scheduled Item Reports to determine that all agency property and equipment is scheduled to insure proper coverage under the Package Program. To add/delete/change scheduled items, click on Update/Scheduled Items under Quick Links in the top navigation bar in MemberPlus Online. Vehicle Coverage Cards Copies Agency Action Required - Review the vehicle cards to ensure that all agency vehicles have been included for coverage and that the desired coverage and deductible for each vehicle is correct. Also place a copy of vehicle coverage card(s) inside the appropriate agency vehicle(s). 2023-24 Property/Liability Coverage Documents Tel 800-537-7790 Special District Risk Management Authority Fax 916-231-4111 Rev 08/01/2023 www.sdrma.org 4. PL CHANGE SUMMARY Change Summary for Property/Liability Coverage Documents 2023-24 Property/Liability Coverage Documents 1 Tel 800-537-7790 Special District Risk Management Authority Fax 916-231-4111 Rev. 08/22/23 www.sdrma.org The following “Change Summary for Property/Liability Coverage Documents” represent the principal changes for the 2023-24 program year. Please review the following pages carefully and if you have any questions regarding your agency’s coverage, please call contact Member Services at memberplus@sdrma.org or 800-537-7790. Please note the following important changes to the various coverages afforded under the Property/Liability Program for the year 2023-24: As more fully set forth below SDRMA has made various changes to the Property/Liability Documents. For your convenience, the following is a summary of the principal changes which have been made to the 2022- 23 Property/Liability Coverage Documents. Property/Liability Package Program Summary Memorandum of Coverage With respect to the Memorandum of Coverage, the “Definitions and Interpretations” section has been modified to the following: All definitions and interpretations of the provisions of this Memorandum shall be in accordance with the interpretations and provisions of the Coverage Agreements identified in the Property/Liability Package Program Summary. Nothing in this Memorandum of Coverages shall be construed to replace or change the meaning of any provision(s) of any Coverage Agreement or policy of the risk-financing program provided by SDRMA except that with respect to the "Defense and Settlement,” “Arbitration” and the “Suit against SDRMA” provisions set forth below and any exclusions specifically set forth in this Memorandum, or endorsements hereto in the event of any inconsistency between this Memorandum or the related DECLARATIONS and said Coverage Agreement(s) and/or policy of the risk-financing program provided by SDRMA, the provisions of the Coverage Agreement(s) and/or policy shall control. 1.With respect to the Memorandum of Coverage, the “Duties After Loss” section has been modified to the following: In case of the occurrence of any act or event giving rise to a claim or occurrence, auto accident, wrongful act, employee benefits act, error or omission or wrongful employment practice to which this Memorandum may apply, a Covered Party shall perform the following duties: … 10.Under no circumstance shall a Covered Party fail, within one year of knowledge of the occurrence of any act or event giving rise to a loss, claim, occurrence, auto accident, wrongful act, employee benefits wrongful act, error or omission or wrongful employment practice, fail to provide SDRMA with written notice thereof. Should a covered party fail, within one year of knowledge of the occurrence of any act or event giving rise to a loss, claim, occurrence, auto accident, wrongful act, employee benefits wrongful act, error or Change Summary for Property/Liability Coverage Documents 2023-24 Property/Liability Coverage Documents 2 Tel 800-537-7790 Special District Risk Management Authority Fax 916-231-4111 Rev. 08/22/23 www.sdrma.org omission or wrongful employment practice fail to provide SDRMA with written notice thereof, SDRMA shall have no obligation to provide coverage for the claim or loss. 11.If a Covered Party fails to provide SDRMA written notice as soon as practicable of the occurrence of any act or event giving rise to a loss, claim, occurrence, auto accident, wrongful act, employee benefits wrongful act, error or omission or wrongful employment practice, to which this Memorandum may apply, any payment made, expense incurred, and/or obligation assumed by a Covered Party before notice is provided to SDRMA will not erode any otherwise applicable deductible as set forth in the Declarations. These provisions were modified to clarify that claims must be submitted to SDRMA within one year of notice or receipt of claim. 2.With respect to section “I. PROPERTY LOSS COVERAGE”, of the Memorandum of Coverage, subsection “A. Buildings, Contents and Equipment (Except for Mobile/Contractor’s Equipment)”, has been modified to the following: . . . Vehicles with an Actual Cash Value in excess of $100,000 are covered under “Coverage A. Buildings, Contents and Equipment” unless greater than 10 years of age. This revision was made to inform Members that Vehicles with an Actual Cash Value in excess of $100,000 and greater than 10 years of age are covered under the Vehicle Comprehensive and Collision Coverage Agreement per changes in the Public Entity Property Insurance Program (PEPIP). 3. With respect to section “II. Liability Coverage”, of the Memorandum of Coverage, subsection “ULTIMATE MAXIMUM LIABILITY –ALL COVERED PARTIES”, has been modified to the following: ULTIMATE MAXIMUM LIABILITY – ALL COVERED PARTIES. Subject to the limits set forth in the liability coverages set forth under “Coverages” above: The maximum limits of liability for all SDRMA Covered Parties due to an Occurrence, an Auto Accident, a Wrongful Act, an Employee Benefits Act, Error and Omission and/or Wrongful Employment Act or Practice, or any combination thereof, shall not exceed $1,000,000 per occurrence for all Members combined for any loss arising out of Inverse Condemnation, $5,000,000 for any sexual abuse loss and $7,500,000 per occurrence arising out of a Wildfire loss. In addition, subject to the foregoing, the maximum limits of liability for all SDRMA Covered Parties for all Occurrences, Auto Accidents, Wrongful Acts, Employee Benefits Acts, Error and Omission and/or Wrongful Employment Acts or Practices, or any combination thereof shall not exceed the combination of: (1) SDRMA’s liability for its retentions under its Reinsurance Agreement with Old Republic Specialty Insurance Underwriters (Pennsylvania Manufacturers Association Insurance Company) of: (a) $250,000 under Coverage A; (b) $250,000 under Coverage B; Change Summary for Property/Liability Coverage Documents 2023-24 Property/Liability Coverage Documents 3 Tel 800-537-7790 Special District Risk Management Authority Fax 916-231-4111 Rev. 08/22/23 www.sdrma.org (c)$100,000 under Coverage C; (d)$100,000 under Coverage D; and (e)$100,000 under Coverage E; subject to an Aggregate Stop Loss Retention of $4,841,000 and an Aggregate Stop Loss Limit of $2,000,000; (2)Coverage under SDRMA’s Reinsurance Agreement with Old Republic Specialty Insurance Underwriters (Pennsylvania Manufacturers Association Insurance Company) referred to in (1) above with limits of: (a)$2,250,000 under Coverage A; (b)$2,250,000 under Coverage B; (c)$2,400,000 under Coverage C; (d)$2,400,000 under Coverage D; and (e)$2,400,000 under Coverage E; subject to a maximum of $6,750,000 per occurrence, all Members combined and a maximum of $7,200,000 Ultimate Net Loss per Occurrence all Public Officials liability, an Aggregate Stop Loss Retention of $4,841,000 and an Aggregate Stop Loss Limit of $2,000,000; (3)Coverage under SDRMA’s Reinsurance Agreement with Great American Insurance Company with limits of liability of: (a)$5,000,000 under Coverage A; (b)$5,000,000 under Coverage B; (c)$5,000,000 under Coverage C; (d)$5,000,000 under Coverage D; and (e)$5,000,000 under Coverage E; a group aggregate corridor limit of $2,500,000 and a $50,000,000 Annual Aggregate for all SDRMA Members and Covered Parties; and (4)Coverage under SDRMA’s Agreement with Upland Specialty Insurance Company of: (a)$2,500,000 under Coverage A; (b)$2,500,000 under Coverage B; (c)$2,500,00 under Coverage C; (d)$2,500,000 under Coverage D; and (e)$2,500,000 under Coverage E; subject to an Annual Aggregate limit of $12,500,000 for all SDRMA Members and Covered Parties. This revision was made to reduce the Stop Loss Retention and maximum Ultimate Net Loss limit in accordance with SDRMA’s reinsurance agreements with Old Republic Specialty Insurance and Great American Insurance Company, and SDRMA’s excess agreement with Upland Specialty Insurance Change Summary for Property/Liability Coverage Documents 2023-24 Property/Liability Coverage Documents 4 Tel 800-537-7790 Special District Risk Management Authority Fax 916-231-4111 Rev. 08/22/23 www.sdrma.org Company. Liability Coverage Agreement 1.With respect to section “III. SDRMA’s Limit of Liability”, subsection “ULTIMATE MAXIMUM LIABILITY – ALL COVERED PARTIES”, has been modified to the following: ULTIMATE MAXIMUM LIABILITY – ALL COVERED PARTIES Subject to the limits set forth in the liability coverages set forth under “Coverages” above: The maximum limits of liability for all SDRMA Covered Parties due to an Occurrence, an Auto Accident, a Wrongful Act, an Employee Benefits Act, Error and Omission and/or Wrongful Employment Act or Practice, or any combination thereof, shall not exceed $1,000,000 per occurrence for all Members combined for any loss arising out of Inverse Condemnation, $5,000,000 for any sexual abuse loss and $7,500,000 per occurrence arising out of a Wildfire loss. In addition, subject to the foregoing, the maximum limits of liability for all SDRMA Covered Parties for all Occurrences, Auto Accidents, Wrongful Acts, Employee Benefits Acts, Error and Omission and/or Wrongful Employment Acts or Practices, or any combination thereof shall not exceed the combination of: (1)SDRMA’s liability for its retentions under its Reinsurance Agreement with Old Republic Specialty Insurance Underwriters (Pennsylvania Manufacturers Association Insurance Company) of: (a)$250,000 under Coverage A; (b)$250,000 under Coverage B; (c)$100,000 under Coverage C; (d)$100,000 under Coverage D; and (e)$100,000 under Coverage E; subject to an Aggregate Stop Loss Retention of $4,841,000 and an Aggregate Stop Loss Limit of $2,000,000; (2)Coverage under SDRMA’s Reinsurance Agreement with Old Republic Specialty Insurance Underwriters (Pennsylvania Manufacturers Association Insurance Company) referred to in (1) above with limits of: (a)$2,250,000 under Coverage A; (b)$2,250,000 under Coverage B; (c)$2,400,00 under Coverage C; (d)$2,400,000 under Coverage D; and (e)$2,400,000 under Coverage E; subject to a maximum of $6,750,000 per occurrence, all Members combined and a maximum of $7,200,000 Ultimate Net Loss per Occurrence all Public Officials liability, an Aggregate Stop Loss Retention of $4,841,000 and an Aggregate Stop Loss Limit of $2,000,000; Change Summary for Property/Liability Coverage Documents 2023-24 Property/Liability Coverage Documents 5 Tel 800-537-7790 Special District Risk Management Authority Fax 916-231-4111 Rev. 08/22/23 www.sdrma.org (3)Coverage under SDRMA’s Reinsurance Agreement with Great American Insurance Company with limits of liability of: (a)$5,000,000 under Coverage A; (b)$5,000,000 under Coverage B; (c)$5,000,000 under Coverage C; (d)$5,000,000 under Coverage D; and (e)$5,000,000 under Coverage E; a group aggregate corridor limit of $2,500,000 and a $50,000,000 Annual Aggregate for all SDRMA Members and Covered Parties; and (4)Coverage under SDRMA’s Agreement with Upland Specialty Insurance Company of: (a)$2,500,000 under Coverage A; (b)$2,500,000 under Coverage B; (c)$2,500,00 under Coverage C; (d)$2,500,000 under Coverage D; and (e)$2,500,000 under Coverage E; subject to an Annual Aggregate limit of $12,500,000 for all SDRMA Members and Covered Parties. This revision was made to reduce the Stop Loss Retention and maximum Ultimate Net Loss limit in accordance with SDRMA’s reinsurance agreements with Old Republic Specialty Insurance and Great American Insurance Company, and SDRMA’s excess agreement with Upland Specialty Insurance Company. 2. With respect to section “VII. Exclusions”, subsection “U. Dam Breakage” has been modified to the following: Liability arising out of any collapse, rupture, bursting, overtopping, accidental discharge, sudden escape of water, intentional discharge of water, downstream damage or from partial or complete, actual or constructive, structural failure of any Dam. This exclusion was modified to clarify a “dam breakage”. 3.With respect to section “VII. Exclusions”, subsection “QQ. Certified Act of Terrorism” has been modified to the following: QQ. Act of Terrorism: Personal Injury, Property Damage, Public Officials and Employees Errors and Omissions, Employee Benefits Acts, Errors and Omissions or Wrongful Employment Practices including awards for punitive damages arising out of an Act of Terrorism, including nuclear, biological, chemical or radioactive terrorism. This exclusion was added to conform with the coverage provided by the Great American reinsurance agreement. Change Summary for Property/Liability Coverage Documents 2023-24 Property/Liability Coverage Documents 6 Tel 800-537-7790 Special District Risk Management Authority Fax 916-231-4111 Rev. 08/22/23 www.sdrma.org 4.With respect to section “XIII. Definitions”, the term “Act of Terrorism, has been added as the following: Act of Terrorism means any act, or preparation in respect of action, or threat of action designed to influence the government de jure or de facto of any nation or any political subdivision thereof, or in pursuit of political, religious, ideological, or similar purposes to intimidate the public or a section of the public of any nation by any person or group(s) of persons whether acting alone or on behalf of or in connection with any organization(s) or government(s) de jure or de facto, regardless of any other cause or event contributing concurrently or in any other sequence to the Loss. This definition was added to has been added to define the term “Act of Terrorism”. 5.With respect to section “XIII. Definitions”, the term “Certified Act of Terrorism, has been removed. This definition was removed and replaced with the term “Act of Terrorism”. 6.With respect to section “XIII. Definitions”, the term “Dam”, has been changed as the following: Dam means any artificial barrier together with appurtenant works which: A. Is twenty-five feet or more in height from the foot of a natural bed of stream or watercourse; or B. Has water impounding capacity of fifty-acre feet or more. Except that no structure specifically exempted from jurisdiction by the State of California Department of Water Resources, Division of Safety of Dams shall be considered a dam, unless such structure is under the jurisdiction of any agency of the federal government. This definition was modified to clarify the term “Dam”. 7.With respect to section “XIII. Definitions”, the term “Nuclear, Biological, Chemical or Radioactive Terrorism” has been added as follows: Nuclear, Biological, Chemical or Radioactive Terrorism means: A.Any actual, alleged or threatened exposure, release, dissemination, contamination, spreading by contagion, inhalation or absorption of biological and/or chemical substances caused by an act of terrorism; and/or B.Any actual, alleged or threatened nuclear reaction, explosion, radiation, or radioactive exposure, release or contamination caused by an act of terrorism. This definition was added to define the term “Nuclear, Biological, Chemical or Radioactive Terrorism”. 8.With respect to section “XIV. Conditions”, subsection “B. Duties if Covered Party” has been modified as follows: B.Duties of Covered Party in the Event of an Occurrence, Auto Accident, Wrongful Act, Employee Benefits Act Error or Omission, a Wrongful Employment Practice, Claim or Suit or other circumstances or events one year limitation: In the event of the happening of an Occurrence, Auto Accident, Wrongful Act, Employee Benefits Act, Error and Omission or Wrongful Employment Practice, written notice containing particulars sufficient Change Summary for Property/Liability Coverage Documents 2023-24 Property/Liability Coverage Documents 7 Tel 800-537-7790 Special District Risk Management Authority Fax 916-231-4111 Rev. 08/22/23 www.sdrma.org to identify the Covered Party and also reasonably obtainable information with respect to the time, place and circumstances thereof, and the names, addresses and phone numbers of the injured and of available witnesses, shall be given by or for the Covered Party to SDRMA or any of its authorized agents as soon as practicable. If a Claim is made or Suit is brought against a Covered Party, the Covered Party shall immediately forward to SDRMA every demand, notice, summons, claim or other process received by the Covered Party. Should a Covered Party fail to provide such notice within one year of the happening of or knowledge of the Occurrence, Auto Accident, Wrongful Act, Employee Benefit Act Error or Omission or Wrongful Employment Practice, no coverage will be afforded for any such Occurrence, Auto Accident, Wrongful Act, Employee Benefit Act Error or Omission or Wrongful Employment Practice under this Liability Coverage Agreement. This provision was modified to clarify that claims must be submitted to SDRMA within one year of notice or receipt of claim. 9.With respect to section “XIV. Conditions”, subsection “M. Voluntary Payments” has been added as follows: M. Voluntary Payments: The Covered Party shall not, except at their own expense, voluntarily make any payment, assume any obligation, or incur any expense, other than for first aid, without the written consent of SDRMA. This provision was added to reflect existing language in the MOC. Declarations – Property Coverage 1.With respect to “Coverages & Limits” section, limits have been modified as follows: Coverages & Limits $ 5,000,000 Or 120% of the scheduled values, whichever is less, for for Scheduled Landfills . . . $ 1,000,000 Personal Property Outside of the USA (including associated Business Interruption) These revisions were made to conform to the limits provided under the Alliant Property Insurance Program (APIP). Declarations – Pollution Coverage 1.With respect to “Coverage(s)”, the “Limits”, have been revised as follows: Limits . . . Change Summary for Property/Liability Coverage Documents 2023-24 Property/Liability Coverage Documents 8 Tel 800-537-7790 Special District Risk Management Authority Fax 916-231-4111 Rev. 08/22/23 www.sdrma.org $ 2,000,000 Mold Matter Loss, Business Interruption and Extra Expense Program Aggregate $ 1,000,000 Mold Matter Restoration Costs Program Aggregate $ 1,000,000 Legionella Per SDRMA Member $ 2,000,000 Lead or Lead Containing Materials Program Aggregate $ 1,000,000 Sewer Backup or Overcharge Program Aggregate $ 250,000 Any Punitive, Exemplary and Multiplied Damages and Civil Fines, Penalties and Assessments Fines $ 2,000,000 Products Pollution and Exposure Liability Per Pollution Incident $ 5,000,000 Products Pollution and Exposure Liability Aggregate $ 1,000,000 Contractor’s Pollution Per Pollution Incident – Herbicide, Insecticide, Pesticide Applications Only $ 2,000,000 Contractor’s Pollution Program Aggregate – Herbicide, Insecticide, Pesticide Applications Only $ 2,000,000 Contractor’s Pollution Per Pollution Incident - All other Operations $ 5,000,000 Contractor’s Pollution Program Aggregate – All other Operations These revisions were made to conform to the limits provided under the Pollution Coverage of the Alliant Property Insurance Program. 4.With respect to “Specific Deductible”, this section has been revised as follows: . . . $ 250,000 Mold Matter (or $50,000 per room impacted, whichever is greater – a room is considered equal to 250 sq ft of floor space, education, healthcare and hospitality locations only) . . . $ 250,000 Image Restoration Expenses This section has been updated to conform to the applicable deductibles under the Pollution Coverage of the Alliant Property Insurance Program. Declarations – General Liability Coverage 1.With respect to “Note 4”, the limits have been modified as follows: NOTE 4: WITH RESPECT TO PARTS A, B, C, D AND E ABOVE: The maximum limits of liability for all SDRMA Covered Parties for all Occurrences, Auto Accidents, Wrongful Acts, Employee Benefits Acts, Error and Omission and/or Wrongful Employment Acts or Practices, or any combination thereof shall not exceed the combination of: (1)SDRMA’s liability for its retentions under its Reinsurance Agreement with Old Republic Specialty Insurance Underwriters (Pennsylvania Manufacturers Association Insurance Company) of: Change Summary for Property/Liability Coverage Documents 2023-24 Property/Liability Coverage Documents 9 Tel 800-537-7790 Special District Risk Management Authority Fax 916-231-4111 Rev. 08/22/23 www.sdrma.org (a)$250,000 under Coverage A; (b)$250,000 under Coverage B; (c)$100,000 under Coverage C; (d)$100,000 under Coverage D; and (e)$100,000 under Coverage E; subject to an Aggregate Stop Loss Retention of $4,841,000 and an Aggregate Stop Loss Limit of $2,000,000; (2)Coverage under SDRMA’s Reinsurance Agreement with Old Republic Specialty Insurance Underwriters (Pennsylvania Manufacturers Association Insurance Company) referred to in (1) above with limits of: (a)$2,250,000 under Coverage A; (b)$2,250,000 under Coverage B; (c)$2,400,000 under Coverage C; (d)$2,400,000 under Coverage D; and (e)$2,400,000 under Coverage E; subject to a maximum of $6,750,000 per Occurrence, all Members combined a maximum of $7,200,000 Ultimate Net Loss per Occurrence all Public Officials liability, an Aggregate Stop Loss Retention of $4,841,000 and an Aggregate Stop Loss Limit of $2,000,000; (3)Coverage under SDRMA’s Reinsurance Agreement with Great American Insurance Company with limits of liability of: (a)$2,500,000 under Coverage A; (b)$2,500,000 under Coverage B; (c)$2,500,00 under Coverage C; (d)$2,500,000 under Coverage D; and (e)$2,500,000 under Coverage E; a group aggregate corridor limit of $2,500,000, and a $50,000,000 Annual Aggregate for all SDRMA Members and Covered Parties; and (4)Coverage under SDRMA’s Agreement with Upland Specialty Insurance Company of: (a)$2,500,000 under Coverage A; (b)$2,500,000 under Coverage B; (c)$2,500,00 under Coverage C; (d)$2,500,000 under Coverage D; and (e)$2,500,000 under Coverage E; subject to an Annual Aggregate limit of $12,500,000 for all SDRMA Members and Covered Parties. Change Summary for Property/Liability Coverage Documents 2023-24 Property/Liability Coverage Documents 10 Tel 800-537-7790 Special District Risk Management Authority Fax 916-231-4111 Rev. 08/22/23 www.sdrma.org This revision was made to reduce the Stop Loss Retention and maximum Ultimate Net Loss limit in accordance with SDRMA’s reinsurance agreements with Old Republic Specialty Insurance and Great American Insurance Company, and SDRMA’s excess agreement with Upland Specialty Insurance Company. ** * * * Please be aware that the information outlined above is not an exhaustive list of the changes in the 2022- 23 Property/Liability Program. As such, you are strongly encouraged to carefully read and review all documents which comprise the 2023-24 Property/Liability Program. Should you have any questions, please do not hesitate to contact SDRMA Member Services at memberplus@sdrma.org or 800-537-7790 or 916-231-4141. SPECIAL DISTRICT RISK MANAGEMENT AUTHORITY Signed by: ____________________________________ __July 1, 2023_____ Brain Kelley, MBA, ARM Date Chief Executive Officer 5. WC CHANGE SUMMARY Change Summary for Workers’ Compensation and Employers Liability Coverage Documents 2023-24 Workers’ Compensation and Employers Liability Coverage Documents 1 Tel 800-537-7790 Special District Risk Management Authority Fax 916-231-4111 Rev. 08/01/23 www.sdrma.org The following “Change Summary for Workers’ Compensation and Employers Liability Coverage Documents” represents the principal changes for the 2023-24 program year. Please review the following pages carefully and if you have any questions regarding your agency’s coverage, please contact SDRMA Member Services at memberplus@sdrma.org or 800-537-7790. Please note the following important changes to the various coverages afforded under the Workers’ Compensation and Employers Liability Coverage Agreement Program for the year 2023-24: As more fully set forth below SDRMA has made various changes to the Workers’ Compensation and Employers Liability Documents. For your convenience, the following is a summary of the principal changes which have been made to the 2022-23 Workers’ Compensation and Employers Liability Coverage Documents. Workers’ Compensation and Employers Liability Coverage Agreement 1. With respect to section “III. Definitions”, the term “Occurrence” has been modified as follows: VIII. OCCURRENCE: (A) All bodily injury sustained by one or more employees involving one or more Covered Parties, from any one disaster, accident or event, or any series of disasters, accidents, or events, and is traceable to the same single disaster, accident or event, or series of disasters accidents or events, shall be deemed to arise from a single occurrence; however, any one occurrence shall be limited to no more than seven calendar days such that each individual employee claimant's date of injury must fall within the seven calendar day period. PRISM may choose the date when any such seven calendar day period begins, provided that it is not earlier than the date and time of the first recorded employee claimant's date of injury, and provided that no two periods overlap. Should this Memorandum expire or terminate while an occurrence covered hereunder is in progress, PRISM will be responsible for its portion of loss arising from such occurrence under this Memorandum through the conclusion of the seven calendar day period, even if such period extends beyond the term of this Memorandum, subject to the terms and conditions hereof, provided that no amount of loss for the same occurrence shall be claimed against any renewal or replacement of this Memorandum. (B) Occupational disease and communicable disease sustained by each employee shall be deemed to arise from a separate occurrence, and the occurrence shall be deemed to take place on the last day of the last exposure, in the employment of the Covered Party, to conditions causing or aggravating the disease OR the date upon which the employee first-suffered disability and either knew, or in the exercise of reasonable diligence should have known, that such disability was caused by his or her employment with the Covered Party, whichever comes first. The definition of “Occurrence” was modified to conform to the Public Risk Innovation, Solutions, And Management Excess Workers' Compensation Program. Change Summary for Workers’ Compensation and Employers Liability Coverage Documents 2023-24 Workers’ Compensation and Employers Liability Coverage Documents 2 Tel 800-537-7790 Special District Risk Management Authority Fax 916-231-4111 Rev. 08/01/23 www.sdrma.org * * * * * Please be aware that the information outlined above is not an exhaustive list of the changes in the 2022- 23 Workers’ Compensation and Employers Liability Program. As such, you are strongly encouraged to carefully read and review all documents which comprise the 2023-24 Workers’ Compensation and Employers Liability Program. Should you have any questions, please do not hesitate to contact the SDRMA office at memberplus@sdrma.org or 800-537-7790 or 916-231-4141. SPECIAL DISTRICT RISK MANAGEMENT AUTHORITY Signed by: ____________________________________ __July 1, 2023_______ Brian Kelley, MBA, ARM Date Chief Executive Officer 6. MEMBER CERTIFICATE OF COVERAGE Issue Date 7/1/2024MEMBER'S CERTIFICATE OF COVERAGE Special District Risk Management Authority 1112 'I' Street, Suite 300 Sacramento, California 95814 800.537.7790 www.sdrma.org Provider Costa Mesa Sanitary District Member Number: 6819Member 290 Paularino Avenue Costa Mesa, California 92626 This is to certify that coverages listed below have been issued to the Member named above for the period indicated. This certificate is not an insurance policy or an agreement of coverage and does not amend, extend or alter the coverage afforded by the agreements listed herein. Notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the coverage described herein is subject to all the terms, exclusions, and conditions of the specific coverage document. This certificate of coverage evidences the limits of liability in effect at the inception of the agreements shown; limits shown may have been reduced by paid claims. This certificate is issued as a matter of information only and confers no rights upon the certificate holder. Type of Coverage LimitsEffective DatePolicy Number Expiration Date Property 7/1/2024PPC-SDRMA-202425 7/1/2025 Per Occurrence Property $1,000,000,000 Boiler & Machinery $100,000,000 Pollution PPC-SDRMA-202425 (*Claims Made) $2,000,000 Cyber (*Claims Made) Limits on File Catastrophic Loss $1,000,000,000 Replacement cost for Scheduled Property Mobile Equipment 7/1/2024LCA-SDRMA-202425 7/1/2025 Per Occurrence Mobile/Contractors Equipment $1,000,000,000 Actual cash value for Scheduled Property General Liability 7/1/2024LCA-SDRMA-202425 7/1/2025 Per Occurrence Bodily Injury $10,000,000 Property Damage $10,000,000 Public Officials Personal $500,000 Employment Benefits $10,000,000 Employee/Public Officials E & O $10,000,000 Employment Practices Liability $10,000,000 Employee/Public Officials Dishonesty (Crime)EDC-SDRMA-202425 $1,000,000 Auto Liability 7/1/2024LCA-SDRMA-202425 7/1/2025 Per Occurrence Auto Bodily Injury $10,000,000 Auto Property Damage $10,000,000 Non-Owned Auto Bodily Injury $10,000,000 Non-Owned Auto Property Damage $10,000,000 Uninsured Motorist UMI-SDRMA-202425 Limits on File Auto Physical Damage 7/1/2024LCA-SDRMA-202425 7/1/2025 Per Occurrence Auto PD - Comp Limits on File Auto PD - Collision Limits on File High Dollar Vehicles Limits on File Trailer 7/1/2024LCA-SDRMA-202425 7/1/2025 Per Occurrence Trailer Limits on File Workers' Compensation 7/1/2024WCP-SDRMA-202425 7/1/2025 Per Occurrence Employers Liability $5,000,000 Workers' Compensation Statutory Endorsements 7/1/2024LCA-SDRMA-202425 7/1/2025 Per Occurrence Special - Individual Added $10,000,000 Description: All listed coverage is in effect only for the time period specified.Brian Kelley, MBA, ARM - Chief Executive Officer 7. NON-MEMBER CERTIFICATES NON-MEMBER'S CERTIFICATE OF COVERAGE Issue Date 7/1/2024 Special District Risk Management Authority 1112 'I' Street, Suite 300 Sacramento, California 95814800.537.7790 www.sdrma.org Provider Costa Mesa Sanitary District 290 Paularino Avenue Costa Mesa, California 92626 Member Number: 6819Member Certificate Number: 7 This is to certify that coverages listed below have been issued to the Member named above for the period indicated. This certificate is not an insurance policy or an agreement of coverage and does not amend, extend or alter the coverage afforded by the agreements listed herein. Notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the coverage described herein is subject to all the terms, exclusions, and conditions of the specific coverage document. This certificate of coverage evidences the limits of liability in effect at the inception of the agreements shown; limits shown may have been reduced by paid claims. This certificate is issued as a matter of information only and confers no rights upon the certificate holder. Type of Coverage LimitsExpiration DateEffective DatePolicy Number 7/1/20257/1/2024LCA-SDRMA-202425General Liability Per OccurrenceEmployee/Public Officials Dishonesty (Crime)$1,000,000 Cancellation: Should any of the above-described policies be cancelled before the expiration dates thereof, the issuing company will mail 30 days written notice to the above-named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the company. Brian Kelley, MBA, ARM Chief Executive Officer endeavor to Certificate Dates:Additional Covered Party X Evidence of Coverage Loss Payee Certificate Holder Certificate Type:Effective Date 7/1/2024 Expiration Date 7/1/2025 Costa Mesa Sanitary District 290 Paularino Ave Costa Mesa, CA 92626 Proof of Coverage: Coverage includes Designated Agent as Employee - Marcus Davis As Independent Treasurer for the Costa Mesa Sanitary District. NON-MEMBER'S CERTIFICATE OF COVERAGE Issue Date 7/1/2024 Special District Risk Management Authority 1112 'I' Street, Suite 300 Sacramento, California 95814800.537.7790 www.sdrma.org Provider Costa Mesa Sanitary District 290 Paularino Avenue Costa Mesa, California 92626 Member Number: 6819Member Certificate Number: 29 This is to certify that coverages listed below have been issued to the Member named above for the period indicated. This certificate is not an insurance policy or an agreement of coverage and does not amend, extend or alter the coverage afforded by the agreements listed herein. Notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the coverage described herein is subject to all the terms, exclusions, and conditions of the specific coverage document. This certificate of coverage evidences the limits of liability in effect at the inception of the agreements shown; limits shown may have been reduced by paid claims. This certificate is issued as a matter of information only and confers no rights upon the certificate holder. Type of Coverage LimitsExpiration DateEffective DatePolicy Number 7/1/20257/1/2024PPC-SDRMA-202425Property Per Occurrence $1,000,000,000 Deductible $1,000 Replacement Cost for Scheduled Property Cancellation: Should any of the above-described policies be cancelled before the expiration dates thereof, the issuing company will mail 30 days written notice to the above-named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the company. Brian Kelley, MBA, ARM Chief Executive Officer endeavor to Certificate Dates:Additional Covered Party Evidence of Coverage X Loss Payee Certificate Holder Certificate Type:Effective Date 7/1/2024 Expiration Date 7/1/2025 Xerox Financial Services LLC c/o Insurance Center Po Box 3547 Bellevue, WA 98009 Xerox Financial Services is named as loss payee regarding two copiers with a total value of $33,000.00. Theft is included in property coverage. This endorsement changes the Liability Coverage Agreement. Please read it carefully. COVERAGE PERIOD: 7/1/2024 through 7/1/2025 MEMBER AGENCY Costa Mesa Sanitary District 290 Paularino Avenue Costa Mesa, California 92626 LOSS PAYEE Xerox Financial Services LLC c/o Insurance Center Po Box 3547 Bellevue, WA 98009 This endorsement changes the Memorandum of Coverage provided under the following: Property - PPC-SDRMA-202425 - Deductible - $1,000 Property - PPC-SDRMA-202425 - Per Occurrence - $1,000,000,000 It is hereby agreed that this endorsement is added to the Memorandum of Coverage issued to Member/Agency named above by Special District Risk Management Authority (“SDRMA”) adding the following as a Loss Payee: Xerox Financial Services is named as loss payee regarding two copiers with a total value of $33,000.00. Theft is included in property coverage. A. LOSS PAYABLE For covered property in which both Member/Agency and a Loss Payee shown in the Schedule have an insurable interest, SDRMA, pursuant and limited to its obligations as outlined in the Memorandum of Coverage, or the insurer identified in the Declaration will: 1.Adjust losses with the Member/Agency; and 2.Subject to any deductible which is the responsibility of the Member/Agency, pay any claim for loss or damage jointly to the Member/Agency and the Loss Payee, as interests may appear. B. LENDER’S LOSS PAYABLE 1.The Loss Payee shown in the Schedule is a creditor, including a mortgage holder or trustee, whose interest in Covered Property is established by such written instruments as: a. Warehouse receipts; b. A contract for lading; c. Bills of lading;d. Financing statements; or e. Mortgages, deeds of trust or security agreements. 2.For Covered Property in which both the Member/Agency and a Loss Payee have an insurable interest: a. SDRMA, pursuant and limited to its obligations as outlined in the Memorandum of Coverage, or the insurer identified in the Declaration will pay for covered loss or damage to each Loss Payee in their order of precedence, as interests may appear. b. The Loss Payee has the right to receive loss payment even if the Loss Payee has started foreclosure or similar action on the Covered Property. c. If SDRMA or the insurer identified in the Declaration denies the Member/Agency’s claim because of the Member/Agency’s acts or because the Member/Agency has failed to comply with the terms of the Coverage Part, the Loss Payee will still have the right to receive loss payment if the Loss Payee: It is hereby agreed that this endorsement is added to the Memorandum of Coverage issued to Member/Agency named above by Special District Risk Management Authority (“SDRMA”) adding the following as a Loss Payee: (1) Pays any premium due under this Coverage Part at our request if the Member/Agency has failed to do so; (2) Submits a signed, sworn proof of loss within 60 days after receiving notice from SDRMA of the Member/Agency failure to do so; and (3) Has notified SDRMA of any change in ownership, occupancy or substantial change in risk known to the Loss Payee. All of the terms of this Coverage Part will then apply directly to the Loss Payee. d. If SDRMA or the insurer identified in the Declaration pays the Loss Payee for any loss or damage and denies payment to the Member/Agency because of the Member/Agency’s acts or because the Member/Agency has failed to comply with the terms of this Coverage Part: (1) The Loss Payee’s rights will be transferred to SDRMA or the insurer identified in the Declaration to the extent of the amount SDRMA or the insurer identified in the Declaration pays; and (2) The Loss Payee’s rights to recover the full amount of the Loss Payee’s claim will not be impaired. At our option, SDRMA, pursuant and limited to its obligations as outlined in the Memorandum of Coverage, or the insurer identified in the Declaration may pay to the Loss Payee the whole principal on the debt plus any accrued interest. In this event, the Member/Agency will pay the Member/Agency remaining debt to SDRMA or the insurer identified in the Declaration. 3.If SDRMA cancels coverage, SDRMA will give written notice to the Loss Payee at least: a. Ten (10) days before the effective date of cancellation if SDRMA cancels for the Member/Agency non-payment of premium; or b. Thirty ({CancelDays}) days before the effective date of cancellation if SDRMA cancels for any other reason. 4.If SDRMA elects not to renew this policy, SDRMA will give written notice to the Loss Payee at least 10 days before the expiration date of this policy. C. CONTRACT OF SALE 1.The Loss Payee shown in the Schedule or in the Declaration Page is a person or organization with whom Member/Agency has entered into a contract for the sale of Covered Property. 2.For Covered Property in which both the Member/Agency and the Loss Payee have an insurable interest, SDRMA, pursuant and limited to its obligations as outlined in the Memorandum of Coverage, or the insurer identified in the Declaration will: a. Adjust losses with the Member/Agency; and b. Subject to any deductible which is the responsibility of the Member/Agency, pay any claim for loss or damage jointly to the Member/Agency and the Loss Payee, as interests may appear. 3.The following is added to the OTHER INSURANCE Condition of the PEPIP policy: For Covered Property that is the subject of a contract of sale, the words “Member/Agency” or “Insured” includes the Loss Payee. All other terms and conditions remained unchanged. Coverage provided by this endorsement, under the terms, conditions and exclusions contained in the Memorandum of Coverage issued by SDRMA to Member/Agency named above, shall not be reduced or canceled without thirty ({CancelDays}) days written notice given to the above named Loss Payee via certified mail. Effective date of this endorsement is: 7/1/2024 Brian Kelley, MBA, ARM - Chief Executive Officer Signed by: 8. PL MEMORANDUM OF COVERAGE Memorandum of Coverages 2023-24 Property/Liability Coverage Documents Memorandum of Coverage: Page 1 of 21 Tel 800-537-7790 Special District Risk Management Authority Fax 916-231-4111 Rev. 08/01/2023 www.sdrma.org Property/Liability Package Program Summary 2023-24 Program Year Coverages Package Program Coverage Page General Terms and Conditions Applicable to All Programs 2 I. Property Loss Coverage A.Buildings, Contents and Equipment 8 II.Liability Coverages B.Mobile/Contractor’s Equipment C.Boiler and Machinery Coverages Provided by SDRMA Liability Coverage Agreement 8 9 A.Personal Injury and Property Damage Liability Coverage – General 10 B.Personal Injury and Property Damage Liability Coverage – Automobile 10 C.Public Officials’ and Employees’ Errors and Omissions Coverage 11 D.Employment Benefits Liability Coverage 11 E.Employment Practices Liability Coverage 11 F.Uninsured/Underinsured Motorists Supplementary Coverage 14 G. Pollution Liability Coverage H. Personal Liability Coverage for Board Members/Directors 15 16 III.Employee Dishonesty Coverage 16 IV.Vehicle Comp and Collision Coverage (if applicable) 17 V.Cyber Coverage 17 COVERAGE AGREEMENTS EXHIBITS* Exhibit A. Special District Risk Management Authority (Liability Coverage Agreement) Agreement No. LCA-SDRMA-2023-24 Exhibit B. PEPIP USA Form No. 19 Policy No. APIP2023 (Declaration 32) Exhibit C. Special District Risk Management Authority (Uninsured/Underinsured Motorist Coverage Memorandum of Coverages 2023-24 Property/Liability Coverage Documents Memorandum of Coverage: Page 2 of 21 Tel 800-537-7790 Special District Risk Management Authority Fax 916-231-4111 Rev. 08/01/2023 www.sdrma.org Agreement) Agreement No. UMI-SDRMA-2023-24 Exhibit D. National Union Fire Insurance Company of Pitts., PA (Employee and Public Officials Dishonesty Coverage) Policy No. 01-301-13-52 Exhibit E. Special District Risk Management Authority (Personal Liability Coverage for Board Members & Directors) Agreement No. LCA-SDRMA-2023-24 Exhibit F. Lloyd’s of London – Beazley Syndicate 2623-623 (Beazley Information Security & Privacy Insurance With Electronic Media Liability Coverage) Policy No. FN2305500 Exhibit G. Ironshore Specialty Insurance Company Policy No. ISPILLSCAZ0U003 GENERAL TERMS AND CONDITIONS APPLICABLE TO ALL PROGRAMS The Special District Risk Management Authority, a joint powers agency formed pursuant to California Government Code Section 6500 et. seq., comprised of California special districts, agencies and cities, hereinafter referred to as SDRMA, in return for the payment of contributions and assessments as they become due, agrees with the Member named in the DECLARATIONS attached hereto, sometimes referred to herein as the "District," the "Member", or the “Covered Party,” to provide risk financing for the period indicated in the DECLARATIONS attached hereto, subject to all of the terms and conditions of this Memorandum of Coverage’s, hereinafter referred to as the “Memorandum,” or successor documents thereto; and where applicable, as specifically provided elsewhere in the Declarations and this Memorandum, the terms and conditions of the Coverage Agreements and policies of insurance attached hereto and made a part hereof (The Declarations, Memorandum of Coverage, Coverage Agreements and insurance policies attached shall hereinafter collectively be referred to as the "Coverage Agreement(s)"). Definitions and Interpretations All definitions and interpretations of the provisions of this Memorandum shall be in accordance with the interpretations and provisions of the Coverage Agreements identified in the Property/Liability Package Program Summary. Nothing in this Memorandum of Coverages shall be construed to replace or change the meaning of any provision(s) of any Coverage Agreement or policy of the risk-financing program provided by SDRMA except that with respect to the "Defense and Settlement,” “Arbitration” and the “Suit against SDRMA” provisions set forth below and any exclusions specifically set forth in this Memorandum, or endorsements hereto in the event of any inconsistency between this Memorandum or the related DECLARATIONS and said Coverage Agreement(s) and/or policy of the risk-financing program provided by SDRMA,, the provisions of the Coverage Agreement(s) and/or policy shall control. Memorandum of Coverages 2023-24 Property/Liability Coverage Documents Memorandum of Coverage: Page 3 of 21 Tel 800-537-7790 Special District Risk Management Authority Fax 916-231-4111 Rev. 08/01/2023 www.sdrma.org Please read the Sixth Amended and Restated Joint Powers Agreement and Bylaws of the Special District Risk Management Authority (hereinafter “SDRMA”), or successor documents thereto, together with the Memorandum of Coverages, hereinafter referred to as the “Memorandum” and the policy(ies) attached as Exhibit(s), to ascertain all of your District's/Agency's/City’s rights and obligations regarding its relationship with the Special District Risk Management Authority. Member Information The coverage’s afforded as described in this Memorandum of Coverage are based on the information supplied by the Member. By submitting this information, the Member is warranting and representing that to the best of its knowledge, the information submitted is complete and correct and that the person submitting the information is authorized to attest on behalf of the Member and its Employees, Officers and Board Members to its accuracy. Any misrepresentation contained in that information or any breach of warranty could void coverage for the Member and its Employees, Officers and Board Members Claim Reporting Requirements All Covered Parties shall have an obligation to report, as soon as practical, any occurrence, wrongful act, wrongful employment practice, employee benefits wrongful act, error or omission, or any other event which may give rise to a claim or suit. Failure to report in a timely manner may jeopardize the coverage’s provided under this Memorandum and any Coverage Agreement(s) applicable hereto. If, during the term of this Memorandum or at any time thereafter: A.The Covered Party shall receive written or oral notice from any party that it is the intention of such party to hold any Covered Party responsible as a result of any occurrence, auto accident, wrongful act, employee benefits act, error or omission, wrongful employment practice or any other event which might give rise to a claim or suit against any Covered Party, its agents, employees or contractors, in any capacity; or B.The Covered Party shall become aware of any occurrence, wrongful act, employee benefits act, error or omission, wrongful employment practice or any other event which may subsequently give rise to a claim or suit against any Covered Party, its agents, employees or contractors; the Covered Party shall, as soon as practicable, give written notice to SDRMA of the receipt of such written or oral notice of such alleged occurrence, auto accident, wrongful act, employee benefits act, error or omission, wrongful employment practice, or other event. Upon SDRMA’s receipt of such notice, any claim which may subsequently be made against the Covered Party arising out of such alleged occurrence, wrongful act, employee benefits wrongful act, or other event, for the purpose of the Memorandum, shall be treated as a claim made during the policy period in which the alleged occurrence, auto accident, wrongful act, employee Memorandum of Coverages 2023-24 Property/Liability Coverage Documents Memorandum of Coverage: Page 4 of 21 Tel 800-537-7790 Special District Risk Management Authority Fax 916-231-4111 Rev. 08/01/2023 www.sdrma.org benefits act, error or omission, wrongful employment practice, or other event is reported. If a claim is made or suit is brought against the Covered Party, the Covered Party shall immediately forward to SDRMA every claim, demand, notice, summons or other process received by the Covered Party or its representative(s). If any such claim includes a claim for Employment Practices Liability covered herein, the Covered Party has the option to comply with the special reporting requirement in order to avoid the co-risk financing provisions outlined in the Declarations and shall do so at the time the suit, claim, demand, notice, summons or other process is first forwarded to SDRMA. In all cases, the Covered Party shall give SDRMA all information and all such cooperation as SDRMA may reasonably require and which is in the Covered Party’s power to give. The Covered Party shall do nothing after the loss to impair or impede SDRMA’s right of equitable or legal subrogation, contribution or indemnification against any other person or entity. Changes to Member Scheduled Items Should the Member desire to make adjustments such as additions and/or deletions during the program year to the Members' scheduled items of Property, Vehicles, Mobile/Contractor’s Equipment, or other risks, such adjustments will be subject to the final decision of the SDRMA’s CEO. Adjustments to the Members' scheduled items of Property, Vehicles, Mobile/Contractor’s Equipment, or other risks, will generally be effective as of the date of acquisition. However, coverage and/or billing related to that adjustment will not be retroactive to earlier than the program year that the adjustment and/or change occurs. Any adjustments that result in a premium refund will be effective no more than 30 days prior to the date the Member notifies SDRMA of the adjustment change. Defense and Settlement Provisions A.The Covered Party shall not admit liability for or settle any claim or incur any costs or expenses of investigation and/or defense in connection with any claim without SDRMA’s prior written consent (which consent shall not be unreasonably withheld). B.SDRMA’s rights and obligations under PART II. LIABILITY COVERAGE, SECTION A. PERSONAL INJURY & PROPERTY DAMAGE LIABILITY COVERAGE -GENERAL, SECTION B. PERSONAL INJURY & PROPERTY DAMAGE LIABILITY COVERAGE - AUTO, SECTION C. PUBLIC OFFICIALS’ AND EMPLOYEES’ ERRORS AND OMISSIONS COVERAGE, SECTION D. EMPLOYEE BENEFITS LIABILITY, SECTION E. EMPLOYMENT PRACTICES LIABILITY COVERAGE and PART IV. PERSONAL LIABILITY COVERAGE FOR BOARD MEMBERS/DIRECTORS, include the right and duty to defend any suit through counsel of its choice seeking damages to which any such coverage applies. However, the cost of such defense is included within the limits of liability. Once that limit has been exhausted, SDRMA’s right and duty to Memorandum of Coverages 2023-24 Property/Liability Coverage Documents Memorandum of Coverage: Page 5 of 21 Tel 800-537-7790 Special District Risk Management Authority Fax 916-231-4111 Rev. 08/01/2023 www.sdrma.org Defense and Settlement Provisions, continued defend ceases. At any time until the applicable limit of liability is exhausted, SDRMA may, at its discretion, investigate any actual or alleged occurrence, auto accident, wrongful act, employee benefits act, error or omission or wrongful employment practice, and settle any claim or suit that may result without the Covered Party’s consent. However, the amount that SDRMA will pay for damages is limited as described in the limits of the DECLARATIONS attached hereto and SDRMA’s right and duty to defend end when it has exhausted the applicable limit of coverage in the payment of judgments, settlements and/or defense costs. C.Should the Member desire to have input into decisions concerning settlement or litigation as to liability exposures covered by SDRMA only, the Member shall notify SDRMA, in writing, of such desire at the time that it first furnishes SDRMA notice of the occurrence, auto accident, wrongful act, employee benefit act, error or omission, wrongful employment practice or other event or suit. In the event SDRMA is so notified by the Member, SDRMA shall consult with the Member in connection with decisions concerning litigation and settlement. However, SDRMA shall retain the sole and exclusive right to elect to settle any claim or suit. Nevertheless, in the event the Member notifies SDRMA of its desire to have input into the litigation and settlement, SDRMA shall have the right and may at any time recommend settlements to the Member without actually effectuating such settlement. In such event, the Member may either: 1.Agree to the settlement recommended, and execute such documents as are applicable thereto; or 2.If the Member disputes the proposed settlement, the Member shall notify SDRMA in writing of such dispute. If, after further consultation, the Member disputes the recommended settlement, and provided that SDRMA does not exercise its option to unilaterally effectuate settlement, the Member may elect to undertake the further investigation and/or defense of the claim solely at its own expense, and pay such amounts of indemnity that exceed the amounts recommended by SDRMA up to the limits of risk financing afforded herein, and also pay the additional costs of investigation and/or defense cost incurred from the date such investigation and/or defense is undertaken by the Member. Duties After Loss In case of the occurrence of any act or event giving rise to a claim or occurrence, auto accident, wrongful act, employee benefits act, error or omission or wrongful employment practice to which this Memorandum may apply, a Covered Party shall perform the following duties: 1.Give written notice to SDRMA as soon as possible stating: a.the Memorandum number and name(s) of the Covered Party. Memorandum of Coverages 2023-24 Property/Liability Coverage Documents Memorandum of Coverage: Page 6 of 21 Tel 800-537-7790 Special District Risk Management Authority Fax 916-231-4111 Rev. 08/01/2023 www.sdrma.org Duties After Loss, continued b.the date, time, place and circumstances of the loss, claim or occurrence, auto accident, wrongful act, employee benefits act, error or omission or wrongful employment practice. c.the names, addresses and phone numbers of every claimant and witness. 2.Promptly send SDRMA any legal papers received relating to a loss, claim or occurrence, auto accident, wrongful act, employee benefits act, error or omission or wrongful employment practice. 3.Cooperate with and assist SDRMA in any matter relating to a loss, claim or occurrence, auto accident, wrongful act, employee benefits act, error or omission or wrongful employment practice. 4.With respect to any property loss, send SDRMA a sworn proof of loss within 60 days of the loss. Also, exhibit any damaged property which is within the control of the Covered Party. 5.Prepare an inventory of damaged personal property showing, in detail, the quantity, description, place of purchase/acquisition, date of purchase/acquisition, actual cash value and amount of loss. Attach to the inventory all bills, receipts and related documents that substantiate the information in the inventory. 6.Produce representatives and employees of the Covered Party to the extent it is within the Covered Party’s power to do so. 7.Submit to and subscribe, outside the presence of any other Covered Party as often as SDRMA reasonably requires: a.statements; b.examinations under oath, and 8.Produce employees, officers, and directors of a Covered Party for statements and examinations under oath, upon request, to the extent it is within the Covered Party’s power to do. 9.Provide us with original records and documents SDRMA request and permit us to make copies. 10.Under no circumstance shall a Covered Party fail, within one year of knowledge of the occurrence of any act or event giving rise to a loss, claim, occurrence, auto accident, wrongful act, employee benefits wrongful act, error or omission or wrongful employment practice, fail to provide SDRMA with written notice thereof. Should a covered party fail, within one year of knowledge of the occurrence of any act or event giving rise to a loss, claim, occurrence, auto accident, wrongful act, employee benefits wrongful act, error or omission or wrongful employment practice fail to provide SDRMA with written notice thereof, SDRMA shall have no obligation to provide coverage for the claim or loss. 11.If a Covered Party fails to provide SDRMA written notice as soon as practicable of the occurrence of any act or event giving rise to a loss, claim, occurrence, auto accident, wrongful act, employee benefits wrongful act, error or omission or wrongful employment practice, to which this Memorandum may apply, any payment made, expense incurred, and/or obligation assumed by a Covered Party before notice is provided to SDRMA will not erode any otherwise applicable deductible as set forth in the Declarations. Memorandum of Coverages 2023-24 Property/Liability Coverage Documents Memorandum of Coverage: Page 7 of 21 Tel 800-537-7790 Special District Risk Management Authority Fax 916-231-4111 Rev. 08/01/2023 www.sdrma.org Misrepresentation, Concealment or Fraud Intentional Loss Other Insurance This entire Memorandum is void, and no coverage is available for any Covered Party, if any Covered Party has knowingly and willfully concealed or misrepresented any material fact or circumstance or engaged in any fraudulent conduct relating to this Memorandum or any Coverage Agreement or policy attached hereto as an Exhibit, or any loss, claim or occurrence, auto accident, wrongful act, employee benefits act, error or omission or wrongful employment practice arising thereunder, whether before or after the loss, claim or occurrence, auto accident, wrongful act, employee benefits act, error or omission or wrongful employment practice. No coverage is available for any Covered Person for loss arising out of any act committed by or at the direction of any Covered Person with the intent to cause a loss. The coverages provided pursuant to this Memorandum shall apply only in excess of any insurance available to any Covered Party. In addition, except with respect to the policies referred to herein, the coverage’s provided pursuit to this Memorandum shall apply only in excess of coverage or benefits provided by self-insurance arrangements, pools, self-insurance trusts, captive insurance companies, retention groups, reciprocal exchanges, or any other plan or agreement of risk transfer or assumption. Voluntary Payments The Covered Party shall not, except at their own expense, voluntarily make any payment, assume any obligation, or incur any expense, other than for first aid, without the written consent of SDRMA. Authorization Clause By acceptance of this Memorandum, the Member agrees to act on behalf of its officers, employees and agents with respect to the giving and receiving of notice of claim, the payment of contributions and assessments, and the receiving of any return contributions that may become due under this Memorandum, and said officers, employees and agents agree that the named Member shall act on their behalf. Acceptance By acceptance of this Memorandum, the Member agrees that this Memorandum and Exhibits, together with the Sixth Amended and Restated Joint Powers Agreement and Bylaws and successor documents thereto, embody all agreements existing between itself and SDRMA or any of its representatives or any insurers relating to this Memorandum or the coverage’s provided pursuant thereto. Arbitration Subject to the provisions of the Government Claims Act, California Government Code § 900 et seq., as a condition precedent to any right of action against SDRMA, any dispute between the Member or any other Covered Party and SDRMA regarding or arising out of the risk financing afforded under the terms of this Memorandum or the coverages provided pursuant thereto, including its formation or validity, or any transaction under the Coverage Agreements issued to the Member by SDRMA, or any dispute or claim of any nature arising from or related in any way to the Memorandum of Coverages 2023-24 Property/Liability Coverage Documents Memorandum of Coverage: Page 8 of 21 Tel 800-537-7790 Special District Risk Management Authority Fax 916-231-4111 Rev. 08/01/2023 www.sdrma.org Arbitration, continued relationships governed by the Coverage Agreements issued to the Member by SDRMA, whether arising before or after termination, shall be resolved by final and binding arbitration before a certified Arbitrator (affiliated with J.A.M.S., Two Embarcadero Center, Suite 1100, San Francisco, CA 94111), in accordance with its then existing applicable rules of practice and procedure and in accordance with the provisions of the California Code of Civil Procedure, Sections 1280, et seq. The arbitration shall be before a single neutral arbitrator selected jointly by SDRMA and the Member or other Covered Party. If SDRMA and the Covered Party do not agree on the identity of the Arbitrator, the Arbitrator will be appointed by J.A.M.S. Said arbitration shall take place in Sacramento, California unless the Member or other Covered Party and SDRMA jointly agree in writing to a different location. The Arbitrator shall have the power to determine all procedural rules for the holding of the Arbitration including but not limited to determining the arbitrability of claims, prehearing discovery, inspection of documents, examination of witnesses, etc. Both SDRMA and the Member or other Covered Party shall share equally in the cost of the Arbitration and shall otherwise bear their own costs and attorneys’ fees in connection with such Arbitration. Judgment upon any arbitration award may be entered in any court having jurisdiction thereof. Suit Against SDRMA Suits Brought By SDRMA Appeal Any suit or action against SDRMA of any kind relating to this Agreement, or any other Coverage Agreement or Exhibits thereto, shall be brought only in the Superior Court for Sacramento, California (and in no other), and the Member hereby consents to the jurisdiction of said court. Any suit or action of any kind relating to this Agreement, or any other Coverage Agreement or Exhibits thereto brought by SDRMA against any Member, shall be venued only in the Superior Court for Sacramento, California (and in no other), and the Member hereby consents to the jurisdiction of said court. If your claim is denied, you have the right to file a written appeal within 60 days of the date of the written denial. Your appeal must be submitted in writing and should include the reason(s) why you disagree with the denial, along with documentation supporting your appeal. I.PROPERTY LOSS COVERAGE A.Buildings, Contents and Equipment (Except for Mobile/Contractor’s Equipment) Except as (1) set forth in the “Member Deductibles” Section of the Declarations for the Property Program, (2) as modified by any Endorsement to this Memorandum of Coverages, and (3) with respect to “Mobile/Contractor’s Equipment”, the Company identified in Exhibit B will, subject to the terms and conditions of Exhibit A, pay the Member for all direct losses caused by physical loss or damage covered by the Policy(ies), to buildings and business personal property at locations described or listed in the Annual Renewal Documents or subsequent reports to SDRMA made prior to the loss. Except for Mobile/Contractor’s Equipment, if repair or replacement occurs within a reasonable period of time, losses will be paid Memorandum of Coverages 2023-24 Property/Liability Coverage Documents Memorandum of Coverage: Page 9 of 21 Tel 800-537-7790 Special District Risk Management Authority Fax 916-231-4111 Rev. 08/01/2023 www.sdrma.org B.Mobile/Contractor’s Equipment C.Boiler and Machinery to the extent of the full cost of repair or replacement (without deduction for depreciation), subject to any other limitations described in the Policy attached as Exhibit B. If no repair or replacement occurs within this time frame, then losses will be paid on an actual cash value basis (with deduction for depreciation). All claims for loss, damage, or expense arising out of any one occurrence shall be adjusted as one claim, and from the amount of such adjusted claim there shall be a deduction based on the Member’s applicable deductible or the Member’s deductible for specific objects or perils contained in the Declarations. Vehicles with an Actual Cash Value in excess of $100,000 are covered under “Coverage A. Buildings, Contents and Equipment” unless greater than 10 years of age. The Company identified in Exhibit B will, subject to the terms and conditions of Exhibit B, pay up to the actual cash value, not replacement cost, for loss of or damage to mobile/contractor’s equipment. The Policy referred to herein as Exhibit B and this Agreement are both subject to all of the terms, conditions, provisions, exclusions, and endorsements contained in said Exhibit. Except as set forth in the “Member’s Deductibles” section of the Declarations for Boiler and Machinery coverage, the Company identified in Exhibit B will, subject to the terms and conditions of Exhibit B, pay the Member for direct damage to covered property caused by a covered cause of loss to an object as defined therein, owned by, leased by or operated under the control of the Member subject to the terms and conditions of Exhibit B. The Policy referred to herein as Exhibit B and this Agreement are both subject to all of the terms, conditions, provisions, exclusions, and endorsements contained in said Exhibit. All buildings must be scheduled at a minimum replacement cost value equal to current state average per square foot as provided by property insurance carrier, unless an appraisal or similar documentation dated within one year preceding the scheduling date supports a lower replacement cost per square foot value. Scheduled property values will be automatically “trended” at the annual renewal based on inflationary factors provided by Marshall & Swift. Properties added during the current policy period with a minimum scheduled replacement cost equal to current state average per square foot as provided by property insurance carrier, or appraised within the preceding year will be exempt from this process. Each scheduled item will be available in the Property/Liability Program Renewal Questionnaire (“PLP RQ”) for the members’ review and confirmation that the information for each scheduled item is accurate. However, unscheduled property, Memorandum of Coverages 2023-24 Property/Liability Coverage Documents Memorandum of Coverage: Page 10 of 21 Tel 800-537-7790 Special District Risk Management Authority Fax 916-231-4111 Rev. 08/01/2023 www.sdrma.org including locations, structures, contents and personal property, whether owned or operated by or rented or loaned to a Covered Party are not covered notwithstanding the terms of the policy(ies) contained in Exhibit B. To the extent a Member fails to submit the annual PLP RQ by March 1st preceding the effective commencement of coverage on July 1st during the same year, the following restrictions will apply in the event of loss or damage to scheduled property: 1.The maximum reimbursement to the Member that will apply to each scheduled item shall be limited to no more than 100% of the most recent scheduled value of the lost or damaged property. 2.Any payment made for Business Interruption, Extra Expense and Tax Revenue Interruption will be reduced by 10%. II.LIABILITY COVERAGES A.Personal Injury and Property Damage Liability Coverage – General SDRMA will pay on behalf of the Covered Party those sums which the Covered Party shall become legally obligated to pay as Damages because of Personal Injury or Property Damage to which this coverage applies, if caused by an Occurrence. SDRMA shall not be obligated to pay any amount or defend any claim or suit after the total liability of SDRMA for all such Damages because of Personal Injury, Property Damage, or any combination thereof, as a result of one Occurrence and/or Defense costs, exceeds the applicable limit of liability set forth in the DECLARATIONS. For the purpose of determining the limit of SDRMA's liability, all Damages and Defense Costs arising from Personal Injury or Property Damage as a result of continuous, repeated, or related exposure to substantially the same general conditions shall be considered as arising out of one Occurrence. With respect to any Sexual Abuse or Molestation Incident(s), all Damages and Defense Costs arising out of any one or more Sexual Abuse or Molestation Incident(s) upon or to any single person at any time shall be deemed one Occurrence. This agreement is subject to all of the terms, conditions, definitions, endorsements, applicable deductibles, exclusions, and provisions of the Liability Coverage Agreement in Exhibit A. B.Personal Injury and Property Damage Liability Coverage – Auto SDRMA will pay on behalf of the Covered Party those sums which the Covered Party shall become legally obligated to pay as Damages because of Personal Injury or Property Damage to which this coverage applies, caused by an Auto Accident and resulting from the ownership, maintenance, or use of a Covered Auto as defined in the Coverage Memorandum of Coverages 2023-24 Property/Liability Coverage Documents Memorandum of Coverage: Page 11 of 21 Tel 800-537-7790 Special District Risk Management Authority Fax 916-231-4111 Rev. 08/01/2023 www.sdrma.org Agreement. SDRMA shall not be liable for Property Damage caused by any Auto Accident until the amount thereof exceeds the applicable deductible. SDRMA shall not be obligated to pay any amount or defend any claim or suit after the total liability of SDRMA for all such damages and defense costs as a result of any one Auto Accident exceeds the sum set forth in the DECLARATIONS attached hereto. For purposes of determining SDRMA’s liability, all Damages and Defense Costs arising from an Auto Accident as a result of continuous, repeated or related exposure to substantially the same general conditions shall be considered as arising out of one Auto Accident. A conditional deductible of $10,000 will apply to Members who are required to participate in the Employer Pull Notice (EPN) program established by the California Department of Motor Vehicles pursuant to California Vehicle Code §1808.1 and fail to participate in the EPN program prior to a covered loss. This agreement is subject to all the terms, conditions, definitions, endorsements, applicable deductibles, exclusions and provisions of the Liability Coverage Agreement in Exhibit A. C.Public Officials’ and Employees’ Errors and Omissions Coverage SDRMA will pay on behalf of the Covered Party those sums which the Covered Party shall become legally obligated to pay as Damages for any claim or claims because of a Wrongful Act performed subsequent to the inception date of this coverage, as specified in the DECLARATIONS attached hereto, and subject to all of the terms, conditions, definitions, endorsements, exclusions and provisions of the Liability Coverage Agreement contained in Exhibit A. SDRMA shall not be obligated to pay any amount or defend any claim or suit after the total liability of SDRMA for all such Damages and expenses because of a Wrongful Act exceeds the sum set forth in the DECLARATIONS. For the purpose of determining the limit of SDRMA's liability, all Damages and Defense Costs arising from Public Officials and Employees Errors and Omissions as a result of the continuous, repeated, or related exposure to substantially the same general conditions shall be considered as arising out of one Wrongful Act. This agreement is subject to all of the terms, conditions, definitions, endorsements, applicable deductibles, exclusions and provisions of the Liability Coverage Agreement in Exhibit A. D.Employee Benefits Liability Coverage SDRMA will pay on behalf of the Covered Party those sums which the Covered Party shall become legally obligated to pay as damages for any claim or claims for Employee Benefits Liability to which this coverage applies caused by an Employee Benefits Act, Error or Omission, resulting from the negligent administration of Employee Benefits Plans. Memorandum of Coverages 2023-24 Property/Liability Coverage Documents Memorandum of Coverage: Page 12 of 21 Tel 800-537-7790 Special District Risk Management Authority Fax 916-231-4111 Rev. 08/01/2023 www.sdrma.org SDRMA shall not be obligated to pay any amount or defend any claim or suit after the total liability of SDRMA for all such damages and expenses because of an employee benefits act, error or omission, exceeds the sum set forth indicated in the DECLARATIONS attached hereto. And regardless of the number of claims brought or employee benefits act, error or omission, the total liability of SDRMA for all Damages and defense costs because of an employee benefits act, error or omission or series of related employee benefits act, error or omission will not exceed the limit of liability stated in the DECLARATIONS. For purposes of determining the limit of SDRMA's liability, all Damages and Defense Costs arising from Employee Benefits Liability as a result of continuous, repeated or related exposure to substantially the same general conditions shall be considered as arising out of one Employee Benefits Act, Error or Omission. This agreement is subject to all of the terms, conditions, definitions, endorsements, applicable deductibles, exclusions, and provisions of the Liability Coverage Agreement in Exhibit A. E.Employment Practices Liability Coverage SDRMA will pay on behalf of the Covered Party those sums which the Covered Party shall become legally obligated to pay as Damages for any claim or claims for Employment Practices Liability to which this coverage applies caused by a Wrongful Employment Practice as defined in the Coverage Agreement. SDRMA shall not be obligated to pay any claim or defend any claim or suit after the total liability of SDRMA for all such damages because of a Wrongful Employment Practice exceeds the sum set forth in the DECLARATIONS attached hereto. And regardless of the number of claims brought or Wrongful Employment Practice, the total liability of SDRMA for all Damages and defense costs because of a Wrongful Employment Practice or series of related Wrongful Employment Practices will not exceed the limit of liability stated in the DECLARATIONS. For the purpose of determining the limit of SDRMA's liability, all Damages and Defense Costs arising from Wrongful Employment Practices as a result of continuous, repeated or related exposure to substantially the same general conditions shall be considered as arising out of one Wrongful Employment Practice. Public Officials and Employees Errors and Omissions, Employee Benefits Acts, Errors and Omissions and Wrongful Employment Practices taking place over more than one coverage period during which coverage is afforded through SDRMA shall be deemed to have taken place during the last annual coverage period and only that coverage for that coverage period applies. This agreement is subject to all of the terms, conditions, definitions, endorsements, applicable deductibles, exclusions, and provisions of the Liability Coverage Agreement in Exhibit A. Memorandum of Coverages 2023-24 Property/Liability Coverage Documents Memorandum of Coverage: Page 13 of 21 Tel 800-537-7790 Special District Risk Management Authority Fax 916-231-4111 Rev. 08/01/2023 www.sdrma.org ULTIMATE TOTAL LOSS PER MEMBER: With respect to Parts A, B, C, D and E above: The total limit of liability for all Damages and Defense Costs shall not exceed the highest limit of any applicable coverage regardless of the number of coverages that apply. Should more than one coverage part apply, the Member deductible shall not exceed the highest deductible under any applicable coverage part. With respect to Parts A, B, C, D and E above: All limits of liability, including group limits and sub-limits, include defense costs. ULTIMATE MAXIMUM LIABILITY – ALL COVERED PARTIES. Subject to the limits set forth in the liability coverages set forth under “Coverages” above: The maximum limits of liability for all SDRMA Covered Parties due to an Occurrence, an Auto Accident, a Wrongful Act, an Employee Benefits Act, Error and Omission and/or Wrongful Employment Act or Practice, or any combination thereof, shall not exceed $1,000,000 per occurrence for all Members combined for any loss arising out of Inverse Condemnation, $5,000,000 for any sexual abuse loss and $7,500,000 per occurrence arising out of a Wildfire loss. In addition, subject to the foregoing, the maximum limits of liability for all SDRMA Covered Parties for all Occurrences, Auto Accidents, Wrongful Acts, Employee Benefits Acts, Error and Omission and/or Wrongful Employment Acts or Practices, or any combination thereof shall not exceed the combination of: (1)SDRMA’s liability for its retentions under its Reinsurance Agreement with Old Republic Specialty Insurance Underwriters (Pennsylvania Manufacturers Association Insurance Company) of: (a) $250,000 under Coverage A; (b)$250,000 under Coverage B; (c) $100,000 under Coverage C; (d)$100,000 under Coverage D; and (e)$100,000 under Coverage E; subject to an Aggregate Stop Loss Retention of $4,841,000 and an Aggregate Stop Loss Limit of $2,000,000; (2) Coverage under SDRMA’s Reinsurance Agreement with Old Memorandum of Coverages 2023-24 Property/Liability Coverage Documents Memorandum of Coverage: Page 14 of 21 Tel 800-537-7790 Special District Risk Management Authority Fax 916-231-4111 Rev. 08/01/2023 www.sdrma.org Republic Specialty Insurance Underwriters (Pennsylvania Manufacturers Association Insurance Company) referred to in (1) above with limits of: (a) $2,250,000 under Coverage A; (b) $2,250,000 under Coverage B; (c) $2,400,000 under Coverage C; (d) $2,400,000 under Coverage D; and (e) $2,400,000 under Coverage E; subject to a maximum of $6,750,000 per occurrence, all Members combined and a maximum of $7,200,000 Ultimate Net Loss per Occurrence all Public Officials liability, an Aggregate Stop Loss Retention of $4,841,000 and an Aggregate Stop Loss Limit of $2,000,000; (3)Coverage under SDRMA’s Reinsurance Agreement with Great American Insurance Company with limits of liability of: (a) $5,000,000 under Coverage A; (b)$5,000,000 under Coverage B; (c)$5,000,000 under Coverage C; (d)$5,000,000 under Coverage D; and (e)$5,000,000 under Coverage E; a group aggregate corridor limit of $2,500,000 and a $50,000,000 Annual Aggregate for all SDRMA Members and Covered Parties; and (4)Coverage under SDRMA’s Agreement with Upland Specialty Insurance Company of: (a) $2,500,000 under Coverage A; (b)$2,500,000 under Coverage B; (c) $2,500,00 under Coverage C; (d)$2,500,000 under Coverage D; and (e) $2,500,000 under Coverage E; subject to an Annual Aggregate limit of $12,500,000 for all SDRMA Memorandum of Coverages 2023-24 Property/Liability Coverage Documents Memorandum of Coverage: Page 15 of 21 Tel 800-537-7790 Special District Risk Management Authority Fax 916-231-4111 Rev. 08/01/2023 www.sdrma.org Members and Covered Parties. Other Liability Coverages F.Uninsured/Underinsured Motorist Supplementary Coverage SDRMA will pay those sums a Covered Party or anyone occupying an Owned Auto, as defined in the Liability Coverage Agreement, is legally entitled to recover as Damages because of Bodily Injury from the owner or driver of an Uninsured Motor Vehicle. The term Uninsured Motor Vehicle includes Underinsured Motor Vehicles. The damages must result from Bodily Injury sustained by anyone occupying an Owned Auto. The owner’s or driver’s liability for these damages must result from the ownership, maintenance or use of the Uninsured Motor Vehicle. This Agreement does not apply to any persons who are entitled to workers’ compensation benefits as a result of the accident. In addition, SDRMA will also pay on behalf of the Member those sums up to $10,000 (subject to the applicable Member deductible), which the Member, or any owner or operator of an Owned Auto, is legally entitled to recover as Property Damage (but not loss of use) from the owner or driver of an Uninsured Motor Vehicle. The Property Damage must result from actual direct physical contact between the Owned Auto and the Uninsured Motor Vehicle provided that the owner or operator of the Uninsured Motor Vehicle is identified or the Uninsured Motor Vehicle is identified by its license number. This agreement is subject to all of the terms, conditions, definitions, endorsements, exclusions, and provisions of the Coverage Agreement(s) shown as Exhibit C. G.Pollution Liability Coverage a.New Pollution Conditions Except as set forth in the “Member Deductibles” section of the Declarations for Pollution Liability Coverage, the Company identified in Exhibit G will indemnify the Member for: “Claims”, “remediation costs”, and associated “legal defense expenses”, in excess of the “self-insured retention”, arising out of a “pollution condition” on, at, under, or migrating from a “covered location”, provided the “claim” is first made, or the Member first discovers such “pollution condition”, during the “policy period”. Any such discovery of a “pollution condition” must be reported to the Company identified in Exhibit G and to SDRMA, in writing, during the “policy period”. Any such “claim” must be reported to the Company identified in Exhibit G and to SDRMA, in writing, during the “policy period” or any applicable “extended reporting period”. The coverage afforded pursuant to this Coverage A only applies to “pollution conditions” that first commence, in their entirety: 1.During the “policy period”; or 2.If prior to the “policy period”, on or after the Retroactive Date identified in Item 2e. of the Declarations to this Policy. Memorandum of Coverages 2023-24 Property/Liability Coverage Documents Memorandum of Coverage: Page 16 of 21 Tel 800-537-7790 Special District Risk Management Authority Fax 916-231-4111 Rev. 08/01/2023 www.sdrma.org b. Pollution Conditions From Covered Operations H. Personal Liability Coverage for Board Members/Directors “Claims” and associated “legal defense expenses”, in excess of the “self- insured retention”, arising out of a “pollution condition” resulting from “covered operations”, provided the “claim” is first made during the “policy period”. Any such “claim” must be reported to the Company identified in Exhibit G and SDRMA, in writing, during the “policy period” or any applicable “extended reporting period”. The coverage afforded pursuant to this Coverage B only applies to “pollution conditions” that first commence, in their entirety: 1. During the “policy period”; or 2. If prior to the “policy period”, on or after the Retroactive Date identified in Item 3e. of the Declarations to this Policy. This agreement is subject to all of the terms, conditions, definitions, endorsements, applicable deductibles, exclusions, and provisions of the policies contained in Exhibit G. SDRMA will pay on behalf of the elected or appointed Board Members/Directors of the Member those sums which the elected or appointed Board Member/Director of the Member shall become legally obligated to pay as Damages for any claim or claims for Personal Injury to a third party to which this coverage applies. SDRMA shall not be obligated to pay amount or defend any claim or suit after the total liability of SDRMA for all such damages and expenses because of any claim or claims for personal injury to a third party exceeds the sum indicated in the Declarations. For the purpose of determining the limit of SDRMA’s liability, all Damages and Defense Costs arising from personal injury as a result of continuous, repeated or related exposure to substantially the same general conditions shall BE considered this arising out of one occurrence. This agreement is subject to all of the terms, conditions, definitions, endorsements, applicable deductibles, exclusions, and provisions of the Personal Liability For Board Member/Directors Coverage Agreement contained in Exhibit E. Memorandum of Coverages 2023-24 Property/Liability Coverage Documents Memorandum of Coverage: Page 17 of 21 Tel 800-537-7790 Special District Risk Management Authority Fax 916-231-4111 Rev. 08/01/2023 www.sdrma.org III.EMPLOYEE DISHONESTY COVERAGE The Company identified in Exhibit D will indemnify the Member for any loss of money or securities, belonging to the Member, or in which the Member has a pecuniary interest, or for which the Member is legally liable, or which is held by the Member in any capacity, whether the Member is legally liable therefore or not, which the Member shall, during the term of this Memorandum, sustain or discover that they have sustained, through larceny, theft, embezzlement, forgery, misappropriation, wrongful abstraction, willful misapplication or other fraudulent or dishonest act or acts committed by one or more of the employees, as defined, acting alone or in collusion with others. "Employee" or "Employees": The terms "employee" or "employees" as used herein shall mean, respectively, one or more of the natural persons who on the effective date of this coverage or at any other time during the term of this coverage, are in the regular service of the Member in the ordinary course of the Member’s operations, but does not mean brokers, factors, commission merchants, consignees, contractors or other agents or representatives of the same general character. It is agreed that the terms "employee" or "employees" shall also include volunteers and those officials of the Member, including members of the Board of Directors, who, whether elected or appointed, comprise the governing body of the Member. This agreement is subject to all of the terms, conditions, definitions, endorsements, applicable deductibles, exclusions, and provisions of the policy contained in Exhibit D. In addition to the notice duties described in paragraph 1. of the Duties After Loss condition above, and notwithstanding any other provision in this Memorandum of Coverage and any exhibit hereto, if a Covered Party including any individual or department associated with a Covered Party who is responsible to provide notice of a loss or a claim discovers or becomes aware of a loss, damage or a situation that may result in coverage under Exhibit D, the Covered Party must notify SDRMA as soon as reasonably possible, but in any event, no later than 120 days after discovery of such loss, damage or situation. Failure to report such loss, damage or situation within 120 days will result in a 25% reduction of the limit of coverage or other available benefit for each coverage applicable to such loss, damage or situation provided under this Memorandum of Coverage and its exhibits. All claim expenses, such as but not limited to auditing, investigative and accounting costs, but excluding legal fees, costs and expenses, are subject to a sublimit equal to 25% of the actual covered loss. IV.VEHICLE COMPREHENSIVE AND COLLISION COVERAGE SDRMA will pay on behalf of the Member those sums, subject to the applicable Member deductible, which the Member, or any owner or operator of an Owned Auto, is legally entitled to recover for Memorandum of Coverages 2023-24 Property/Liability Coverage Documents Memorandum of Coverage: Page 18 of 21 Tel 800-537-7790 Special District Risk Management Authority Fax 916-231-4111 Rev. 08/01/2023 www.sdrma.org Comprehensive and/or Collision or overturn losses to an Owned Auto to which this coverage applies. This agreement is subject to all of the terms, conditions, definitions, endorsements, applicable deductibles, exclusions, and provisions of the Vehicle Comprehensive and Collision Coverage Agreement contained in Exhibit K, and accompanying Declarations. V. CYBER COVERAGE a.Information Security & Privacy Liability Except as set forth in the “Member Deductibles” section of the Declarations for Cyber Coverage, the Company identified in Exhibit F will indemnify the Insured/Member for: Damages and Claims Expenses, in excess of the applicable sublimit, which the Insured/Member shall become legally obligated to pay because of any Claim, first made against the Insured/Member and reported to both the Company identified in Exhibit F and SDRMA, including a Claim for violation of a Privacy Law, for: 1.theft, loss or Unauthorized Disclosure of Personally Identifiable Non- Public Information or Third-Party Corporate Information that is in the care, custody and control of the Insured/Member, that first takes place during the Policy Period; 2. one or more of the following acts or incidents, that first takes place during the Policy Period and that directly result from a failure of Computer Security to prevent a Security Breach, during the Policy Period: a)the alteration, corruption, destruction, deletion or damage to a Data Asset stored on Computer Systems; b) the failure to prevent transmission of Malicious Code from Computer Systems to Third Party Computer Systems; or c) the participation by the Insured/Member’s Computer System in a denial of service attack directed against a Third-Party Computer System, 3.failure to timely disclose an incident described above in violation of any Breach Notification Law that first takes place during the Policy Period; 4.failure by the Insured/Member to comply with that part of a Privacy Policy that first takes place during the Policy Period and that specifically: a)prohibits or restricts the Insured/Member’s disclosure, sharing or selling of a person’s Personally Identifiable Non-Public Information; b)requires the Insured/Member to provide access to Personally Identifiable Non-Public Information or to correct incomplete or Memorandum of Coverages 2023-24 Property/Liability Coverage Documents Memorandum of Coverage: Page 19 of 21 Tel 800-537-7790 Special District Risk Management Authority Fax 916-231-4111 Rev. 08/01/2023 www.sdrma.org b.Privacy Notification Costs c.Regulatory Defense and Penalties d.Website Media Content Liability (Occurrence Based) inaccurate Personally Identifiable Non-Public Information after a request is made by a person; or c) mandates procedures and requirements to prevent the loss of Personally Identifiable Non-Public Information, 5.failure by the Insured/Member to administer an identity theft prevention program or take necessary actions to prevent identity theft required by governmental statute or regulation that first takes place during the Policy Period. Privacy Notification Costs, as that term is defined in Exhibit F, in excess of the applicable sublimit both the Company identified in Exhibit F and incurred by the Insured/Member, with the prior consent of the SDRMA, resulting from the Insured/Member’s legal obligation to comply with a Breach Notice Law because of an incident (or reasonably suspected incident) that first takes place during the Policy Period and is discovered by the Insured/Member and reported to SDRMA during the Policy Period. Claims Expenses and Penalties in excess of the applicable sublimit, which the Insured/Member shall become legally obligated to pay because of any Claim in the form of a Regulatory Proceeding, first made against any Insured/Member and reported to both the Company identified in Exhibit F and SDRMA during the Policy Period, resulting from a violation of a Privacy Law and caused by an incident described in Exhibit F that first takes place during the Policy Period. Damages and Claim Expenses, in excess of the applicable sublimit, which the Insured/Member shall become legally obligated to pay resulting from any Claim made against any Member for one or more of the following acts committed in the course of Covered Media Activities during the Policy Period: 1.defamation, libel, slander, trade libel, infliction of emotional distress, outrage, outrageous conduct, or other tort related to disparagement or harm to the reputation or character of any person or organization; 2.a violation of the rights of privacy of an individual, including false light and public disclosure of private facts; 3.invasion or interference with an individual’s right of publicity, including commercial appropriation of name, persona, voice or likeness; 4.plagiarism, piracy misappropriation of ideas under implied contract; 5.infringement of copyright; 6.infringement of domain name, trademark, trade name, trade dress, logo, title, metatag, or slogan, service mark, or service name; or Memorandum of Coverages 2023-24 Property/Liability Coverage Documents Memorandum of Coverage: Page 20 of 21 Tel 800-537-7790 Special District Risk Management Authority Fax 916-231-4111 Rev. 08/01/2023 www.sdrma.org e.Cyber Extortion f.First Party Data Protection g.First Party Network Business Interruption 7.improper deep-linking or framing within electronic content. Cyber Extortion Loss, in excess of the applicable sublimit, incurred by the Insured/Member as a direct result of an Extortion Threat first made against the Insured/Member during the Policy Period by a person, other than the Member’s employees, directors, officers, principals, trustees, governors, Managers, members, management committee members, members of the management board, partners, contractors, outsourcers, or any person in collusion with any of the foregoing. Coverage under this Coverage Agreement, subject to the applicable conditions and reporting requirements in Exhibit F. Data Protection Loss, in excess of the applicable sublimit, incurred by the Member as a direct result of: (1) alteration, corruption, destruction, deletion or damage to a Data Asset, or (2)inability to access a Data Asset, that first takes place during the Policy Period and is directly caused by a failure of Computer Security to prevent a Security Breach; provided that such Security Breach takes place during the Policy Period. Business Interruption Loss, in excess of the applicable sublimit, incurred by the Insured/Member during the Period of Restoration or the Extended Interruption Period (if applicable) as a direct result of the actual and necessary interruption or suspension of Computer Systems that first takes place during the Policy Period and is directly caused by a failure of Computer Security to prevent a Security Breach; provided that such Security Breach first takes place during the Policy Period. This agreement is subject to all of the terms, conditions, definitions, endorsements, applicable deductibles, exclusions, and provisions of the policies contained in Exhibit F. Memorandum of Coverages 2023-24 Property/Liability Coverage Documents Memorandum of Coverage: Page 21 of 21 Tel 800-537-7790 Special District Risk Management Authority Fax 916-231-4111 Rev. 08/01/2023 www.sdrma.org * * * * * EXECUTION IN WITNESS WHEREOF this Memorandum of Coverage’s has been executed by the Special District Risk Management Authority (SDRMA) on the date shown below, for the period shown in the DECLARATIONS attached hereto, and any endorsements specifically requested by the Member. NOTICE: If proper, timely notice of intent to withdraw is not given, as required by the Sixth Amended and Restated Joint Powers Agreement and/or the Bylaws, or successor documents thereto, your District/Agency/City shall be responsible for the full program year's contributions and any assessments applicable thereto, for the program year for which notice was not timely given, as well as any other assessments to which a Member District/Agency/City is or may legally be obligated. SPECIAL DISTRICT RISK MANAGEMENT AUTHORITY (SDRMA) Signed by: _______________________________________ ___07/01/2023___ Brian Kelley, MBA, ARM Date Chief Executive Officer 9. GENERAL LIABILITY PROGRAM Declarations – General Liability Coverage 2023-24 Property/Liability Coverage Documents General Liability: 1 of 6 Tel 800-537-7790 Special District Risk Management Authority Fax 916-231-4111 Rev 08/01/2023 www.sdrma.org MEMBER COVERED:Costa Mesa Sanitary District 290 Paularino Avenue Costa Mesa, California 92626 Your District/Agency/City has elected to participate in the risk financing coverage programs described below as “THE PACKAGE PROGRAM” and in such other programs as are indicated herein. These DECLARATIONS together with the Memorandum of Coverage, the Liability Coverage Agreement, the terms and conditions of the Sixth Amended and Restated Joint Powers Agreement and Bylaws, or successor documents thereto, constitute the entire agreement concerning risk-financing coverage between the Special District Risk Management Authority and your District/Agency/City. Please read the Sixth Amended and Restated Joint Powers Agreement and Bylaws of the Special District Risk Management Authority (hereinafter “SDRMA”), or successor documents thereto, together with the Memorandum of Coverages, hereinafter referred to as the “Memorandum,” and the Liability Coverage Agreement itself to ascertain all of your District's/Agency's/City’s rights and obligations regarding its relationship with the Special District Risk Management Authority. COVERAGE PERIOD: Jul 01, 2024 at 12:01 a.m. to Jul 01, 2025 at 12:01 a.m. COVERAGE(S) LIMITS A.PERSONAL INJURY AND PROPERTY DAMAGE LIABILITY COVERAGE – GENERAL: Up to $10,000,000 per occurrence, subject to (1) the sub-limits referred to below for Inverse Condemnation, Sexual Abuse or Molestation Incidents, and Wildfire losses, (2) NOTES 1, 2 3, and 4 below including the group limits, and (3) the terms, conditions, deductibles definitions, and exclusions as provided in both the Memorandum and the Liability Coverage Agreement and endorsements thereto. With respect to any occurrence arising out of a Sexual Abuse or Molestation Incident, if the limit of liability for Coverage A as stated in these Declarations is $5,000,000 or less per occurrence, the applicable limit of liability for any such Sexual Abuse or Molestation Incidents shall be the per occurrence limit stated in these Declarations. With respect to any occurrence arising out of a Sexual Abuse or Molestation Incident, if the limit of liability for Coverage A as stated in these Declarations is in excess of $5,000,000, the applicable limit of liability for any occurrence arising out of a Sexual Abuse or Molestation Incident shall nevertheless be $5,000,000. With respect to an occurrence arising out of Inverse Condemnation, Declarations – General Liability Coverage 2023-24 Property/Liability Coverage Documents General Liability: 2 of 6 Tel 800-537-7790 Special District Risk Management Authority Fax 916-231-4111 Rev 08/01/2023 www.sdrma.org the maximum limit of liability for all SDRMA Covered Parties due to any such single occurrence is $1,000,000. With respect to an occurrence arising out of Wildfire, the maximum limit of liability for all SDRMA Covered Parties due to any such single occurrence is $7,500,000. MEMBER DEDUCTIBLE $25,000 per occurrence $25,000 per occurrence LIMITS B. PERSONAL INJURY AND PROPERTY DAMAGE LIABILITY COVERAGE - AUTO: Up to $10,000,000 per accident subject to the terms, conditions, deductibles and exclusions as provided in the Memorandum, and subject ALSO to the terms, conditions, definitions and exclusions of both the Memorandum and the Liability Coverage Agreement and endorsements thereto. MEMBER DEDUCTIBLE $25,000 per occurrence $25,000 per occurrence LIMITS C.PUBLIC OFFICIALS' AND EMPLOYEES' ERRORS AND OMISSIONS COVERAGE: Up to $10,000,000 for each Wrongful Act, subject to NOTES 1, 2 3, and 4 below including the per occurrence group limit and sub-limit, subject ALSO to the terms, conditions, definitions and exclusions as provided both the Memorandum and the Liability Coverage Agreement and endorsements thereto. MEMBER DEDUCTIBLE $25,000 per occurrence LIMITS D. EMPLOYEE BENEFITS LIABILITY COVERAGE: Up to $10,000,000 for each Wrongful Act, subject to NOTES 1, 2 and 3 below including the per occurrence group limit and sub-limit, to which this coverage applies, subject to ALSO the terms, conditions, definitions and exclusions as provided in both the Memorandum and the Liability Coverage Agreement and endorsements thereto. MEMBER DEDUCTIBLE $25,000 per occurrence E. EMPLOYMENT PRACTICES LIABILITY COVERAGE: Up to $10,000,000 for each Wrongful Act, subject to NOTES 1, 2 3, and Declarations – General Liability Coverage 2023-24 Property/Liability Coverage Documents General Liability: 3 of 6 Tel 800-537-7790 Special District Risk Management Authority Fax 916-231-4111 Rev 08/01/2023 www.sdrma.org LIMITS AS RESPECTS DISCIPLINE, DEMOTION, REASSIGNMENT OR TERMINATION 4 below including the per occurrence group limit and sub-limit, to which this coverage applies, subject to the terms, conditions and exclusions as provided in both the Memorandum and the Liability Coverage Agreement and endorsements thereto. As respects any employment practices Claim or Suit arising in whole or in part out of any action involving discipline, demotion, reassignment or termination of any Employee, Leased Worker, Temporary Worker, Volunteer, or any worker who participates in an internship or training program which may lead to employment with the Member: (1) SDRMA shall be responsible for the first $10,000 of loss (subject to the applicable Member deductible), and (2) as to amounts expended for a loss in excess of $10,000 up to $210,000, such losses will be shared between SDRMA (50%) and the Member (50%) such that the Member will be responsible for up to but not in excess of $100,000, UNLESS the covered Member shall, upon notifying SDRMA of the assertion or filing of a Claim or Suit seeking Damages arising in whole or in part out of any discipline, demotion, reassignment or termination of an any Employee, Leased Worker, Temporary Worker, Volunteer, or any worker who participates in an internship or training program which may lead to employment with the Member, furnishes to SDRMA an affidavit or declaration signed under penalty of perjury by a duly admitted and qualified member of the State Bar of California, averring that: (a) Said attorney is familiar with the laws governing the relationships between employees and employers, including public entity employers; and (b) That prior to any act referred to in the Claim or Suit involving discipline, demotion, reassignment or termination of an any Employee, Leased Worker, Temporary Worker, Volunteer, or any worker who participates in an internship or training program which may lead to employment with the Member, that the Member consulted fully with the person furnishing the affidavit or declaration on the issue of the propriety and legal ramifications of such discipline, demotion, reassignment or termination; and (c) That the person furnishing the affidavit or declaration advised the Member that the discipline, demotion, reassignment or termination complained of by the any Employee, Leased Worker, Temporary Worker, Volunteer, or any worker who participates in an internship or training program which may lead to employment Declarations – General Liability Coverage 2023-24 Property/Liability Coverage Documents General Liability: 4 of 6 Tel 800-537-7790 Special District Risk Management Authority Fax 916-231-4111 Rev 08/01/2023 www.sdrma.org with the Member, was approved and sanctioned by said attorney, in which event the Member's obligation to pay 50% of the loss in excess of $10,000 shall not apply; and (d) That the person furnishing the affidavit or declaration was aware at the time of the advice that such a declaration would be submitted to SDRMA and that SDRMA would act in reliance upon said advice. As respects any employment practice claim or suit not arising in whole or in part out of any action involving discipline, demotion, reassignment or termination, the Member deductible is: MEMBER DEDUCTIBLE: $25,000 per occurrence AS RESPECTS ALL OTHER LIABILITY COVERAGES LISTED ABOVE ULTIMATE MAXIMUM LOSS. Subject to the limits set forth under “Coverages” above: NOTE 1 WITH RESPECT TO PARTS A, B, C, D AND E ABOVE: The maximum limit of liability for all Damages and Defense Costs shall not exceed the highest limit of any applicable coverage regardless of the number of coverages that apply. Should more than one coverage part apply, the member deductible shall not exceed the highest deductible under any applicable coverage part. NOTE 2 WITH RESPECT TO PARTS A, B, C, D AND E ABOVE: All limits of liability, including group limits and sub-limits, are inclusive of Defense Costs. NOTE 3 WITH RESPECT TO PARTS A, B, C, D AND E ABOVE: The maximum limits of liability for all SDRMA Covered Parties due to an Occurrence, an Auto Accident, a Wrongful Act, an Employee Benefits Act, Error and Omission and/or Wrongful Employment Act or Practice, or any combination thereof, shall not exceed $1,000,000 per occurrence, per Member, for all Members combined for any loss arising out of Inverse Condemnation, $5,000,000 for any sexual abuse loss, and $7,500,000 per occurrence arising out of a Wildfire loss. NOTE 4 WITH RESPECT TO PARTS A, B, C, D AND E ABOVE: The maximum limits of liability for all SDRMA Covered Parties for all Occurrences, Auto Accidents, Wrongful Acts, Employee Benefits Acts, Error and Omission and/or Wrongful Employment Acts or Practices, or any combination thereof shall not exceed the combination of: Declarations – General Liability Coverage 2023-24 Property/Liability Coverage Documents General Liability: 5 of 6 Tel 800-537-7790 Special District Risk Management Authority Fax 916-231-4111 Rev 08/01/2023 www.sdrma.org (1) SDRMA’s liability for its retentions under its Reinsurance Agreement with Old Republic Specialty Insurance Underwriters (Pennsylvania Manufacturers Association Insurance Company) of: (a) $250,000 under Coverage A; (b) $250,000 under Coverage B; (c) $100,000 under Coverage C; (d) $100,000 under Coverage D; and (e) $100,000 under Coverage E; subject to an Aggregate Stop Loss Retention of $4,841,000 and an Aggregate Stop Loss Limit of $2,000,000; (2) Coverage under SDRMA’s Reinsurance Agreement with Old Republic Specialty Insurance Underwriters (Pennsylvania Manufacturers Association Insurance Company) referred to in (1) above with limits of: (a) $2,250,000 under Coverage A; (b) $2,250,000 under Coverage B; (c) $2,400,000 under Coverage C; (d) $2,400,000 under Coverage D; and (e) $2,400,000 under Coverage E; subject to a maximum of $6,750,000 per Occurrence, all Members combined a maximum of $7,200,000 Ultimate Net Loss per Occurrence all Public Officials liability, an Aggregate Stop Loss Retention of $4,841,000 and an Aggregate Stop Loss Limit of $2,000,000; (3) Coverage under SDRMA’s Reinsurance Agreement with Great American Insurance Company with limits of liability of: (a) $2,500,000 under Coverage A; (b) $2,500,000 under Coverage B; Declarations – General Liability Coverage 2023-24 Property/Liability Coverage Documents General Liability: 6 of 6 Tel 800-537-7790 Special District Risk Management Authority Fax 916-231-4111 Rev 08/01/2023 www.sdrma.org (c) $2,500,00 under Coverage C; (d) $2,500,000 under Coverage D; and (e) $2,500,000 under Coverage E; a group aggregate corridor limit of $2,500,000, and a $50,000,000 Annual Aggregate for all SDRMA Members and Covered Parties; and (4) Coverage under SDRMA’s Agreement with Upland Specialty Insurance Company of: (a) $2,500,000 under Coverage A; (b) $2,500,000 under Coverage B; (c) $2,500,00 under Coverage C; (d) $2,500,000 under Coverage D; and (e) $2,500,000 under Coverage E; subject to an Annual Aggregate limit of $12,500,000 for all SDRMA Members and Covered Parties. This information is provided as a general description only, and is not intended to supersede specific policy documents. In the event of a conflict in language, the policy(ies) will be the controlling document. 10. EXHIBIT A LIABILITY COVERAGE AGREEMENT 2023-24 Property/Liability Coverage Documents T. 800-537-7790 Special District Risk Management Authority F. 916-231-4111Rev. 08/1/2023 www.sdrma.org Liability Coverage Agreement Exhibit A Special District Risk Management Authority Policy No. LCA-SDRMA-2023-24 Liability Coverage Agreement 2023-24 Property/Liability Coverage Documents Page: 1 of 48 Tel 800-537-7790 Special District Risk Management Authority Fax 916-231-4111 Rev. 7/27/2023 www.sdrma.org Exhibit A Liability Coverage Agreement No. LCA-SDRMA-2023-24 Certain words appear in bold face type. They are defined in the Definitions section of this Liability Coverage Agreement. Conditioned upon and in consideration of the payment of all contributions and assessments, in reliance upon the statements in the Declarations made a part hereof and subject to all of the terms of this Liability Coverage Agreement, SPECIAL DISTRICT RISK MANAGEMENT AUTHORITY (hereinafter SDRMA) agrees with the Member identified in the Declarations as follows: I. Coverage Agreement SDRMA will pay on behalf of any Covered Party the Ultimate Net Loss for which such Covered Party becomes legally obligated to pay as Damages and/or Defense Costs: Under Coverage A because of Personal Injury or Property Damage due to an Occurrence Under Coverage B because of Personal Injury or Property Damage due to an Auto Accident Under Coverage C because of Public Officials’ and Employees’ Errors and Omissions due to a Wrongful Act Under Coverage D because of Employee Benefits Liability due to Employee Benefits Acts, Errors and Omissions Under Coverage E because of Employment Practices Liability due to Wrongful Employment Practices or any combination thereof to which this Liability Coverage Agreement applies. II. Defense and Defense Costs A.SDRMA shall have the right and duty to defend any Suit, through counsel of its choice, seeking Damages covered by the terms and conditions of this Liability Coverage Agreement and not otherwise excluded. As SDRMA is not an insurer, it has no obligation to provide independent or “Cumis” counsel to a Covered Party in disputed coverage situations under Civil Code §2860. SDRMA shall also have the right, but not the duty, to defend any Claim, through counsel of its choice, seeking Damages covered by the terms and conditions of this Liability Coverage Agreement and not otherwise excluded. Therefore, SDRMA does not have a duty to provide legal counsel to a Covered Party prior to a lawsuit being filed against a Covered Party. Since SDRMA is not an insurer, it has no obligation to issue a reservation of rights letter when undertaking a defense of the Covered Party in cases where coverage does not or may not apply in whole or in part. Defense Costs of all Covered Parties are included in the Limit of Liability set forth in the Declarations. Liability Coverage Agreement 2023-24 Property/Liability Coverage Documents Page: 2 of 48 Tel 800-537-7790 Special District Risk Management Authority Fax 916-231-4111 Rev. 7/27/2023 www.sdrma.org B.When SDRMA assumes the defense of any Suit or Claim: 1.SDRMA will, through counsel of its choice, defend any such Suit or Claim against the Covered Party even if such Suit or Claim is groundless, false, or fraudulent, but SDRMA shall have the right to investigate, defend or settle any Suit or Claim as it may deem necessary or expedient. 2.SDRMA will pay the following to the extent not covered by any insurance or risk financing providing coverage to the Covered Party. Any of the following, if paid by SDRMA, will reduce the total limits of liability as stated in the Declarations: a.Premiums on bonds to release attachments for amounts not exceeding the limit of liability, but SDRMA is not obligated to apply for or furnish any such bond; b.Premiums on appeal bonds required by law to appeal any Suit that SDRMA defends, but SDRMA is not obligated to apply for or furnish any such bond; c.All court costs taxed against the Covered Party in any Suit that SDRMA defends except for attorneys fees or attorneys expenses awarded or taxed against any Covered Party; d.Pre-judgment interest awarded against the Covered Party on that part of the judgment that SDRMA is obligated to pay. If SDRMA makes an offer to pay the applicable Limit of Liability, SDRMA will not pay any pre-judgment interest accruing during any period of time following the offer; e.All interest that accrues after entry of judgment and before SDRMA has paid, offered to pay or deposited in court the part of the judgment that is within SDRMA's applicable Limit of Liability; f.All expenses incurred by SDRMA, including Defense Costs; g.The Covered Party’s reasonable and necessary expenses incurred with SDRMA's written consent or at SDRMA's request. C.SDRMA will not defend any Suit after any applicable Limits of Liability have been exhausted by payment of judgments, settlements, Defense Costs, any costs set forth in 2.a-g above, or any combination thereof. III. SDRMA’s Limit of Liability Regardless of the number of: A.Covered Parties under this Liability Coverage Agreement; B.Persons or organizations who sustain injury or damage, or Liability Coverage Agreement 2023-24 Property/Liability Coverage Documents Page: 3 of 48 Tel 800-537-7790 Special District Risk Management Authority Fax 916-231-4111 Rev. 7/27/2023 www.sdrma.org C.Claims made or Suits brought on account of Personal Injury, Property Damage, Public Officials’ and Employees’ Errors and Omissions, Employee Benefits Acts, Errors and Omissions, or Wrongful Employment Practices, or any combination thereof; SDRMA's Liability is limited with respect to: 1.Personal Injury or Property Damage Liability due to an Occurrence; 2.Personal Injury or Property Damage due to an Auto Accident; 3.Public Officials’ and Employees’ Errors and Omissions, due to a Wrongful Act; 4.Employee Benefits Liability due to Employee Benefits Acts, Errors and Omissions, or any combination thereof; and/or 5.Employment Practices Liability, due to Wrongful Employment Practices or any combination thereof is as follows: SDRMA's Liability shall be only for the Ultimate Net Loss but not in excess of the Ultimate Maximum Loss as specified in the Limits of Liability section of the Declarations, as the result of any one Occurrence, Auto Accident, Wrongful Act, Employee Benefits, Acts, Errors or Omissions, or Wrongful Employment Practices or any combination thereof. In addition to SDRMA’s limit of liability regardless of number of covered parties under this Liability Coverage Agreement as set forth above, for purposes of determining the limit of SDRMA's liability, if this Liability Coverage Agreement and any coverage part(s) or Liability Coverage Agreements between a Member and SDRMA apply to the same or related damages including injury or damages that may have occurred during a prior Coverage Period for that same Member and that have continued into this Coverage Period, or any injury or damages based upon, arising from, or in consequence of the same or related series of acts, circumstances, situations, transactions, causes or any combination thereof, for that same Member, SDRMA’S Liability shall only be for the single largest applicable limit of liability available under any one of those coverage part(s) or Liability Coverage Agreement(s) for that same Member. For the purpose of determining the limit of SDRMA's liability, all Damages and Defense Costs arising from Personal Injury or Property Damage as a result of continuous, repeated, or related exposure to substantially the same general conditions shall be considered as arising out of one Occurrence. With respect to any Sexual Abuse or Molestation Incident(s), all Damages and Defense Costs arising out of Liability Coverage Agreement 2023-24 Property/Liability Coverage Documents Page: 4 of 48 Tel 800-537-7790 Special District Risk Management Authority Fax 916-231-4111 Rev. 7/27/2023 www.sdrma.org any one or more Sexual Abuse or Molestation Incident(s) upon or to any single person at any time shall be deemed one Occurrence. For purposes of determining SDRMA’s liability, all Damages and Defense Costs arising from an Auto Accident as a result of continuous, repeated or related exposure to substantially the same general conditions shall be considered as arising out of one Auto Accident. For the purpose of determining the limit of SDRMA's liability, all Damages and Defense Costs arising from Public Officials and Employees Errors and Omissions as a result of the continuous, repeated, or related exposure to substantially the same general conditions shall be considered as arising out of one Wrongful Act. For purposes of determining the limit of SDRMA's liability, all Damages and Defense Costs arising from Employee Benefits Liability as a result of continuous, repeated or related exposure to substantially the same general conditions shall be considered as arising out of one Employee Benefits Act, Error or Omission. For the purpose of determining the limit of SDRMA's liability, all Damages and Defense Costs arising from Wrongful Employment Practices as a result of continuous, repeated or related exposure to substantially the same general conditions shall be considered as arising out of one Wrongful Employment Practice. ULTIMATE TOTAL LOSS PER MEMBER: With respect to Parts A, B, C, D and E above: The total limit of liability for all Damages and Defense Costs shall not exceed the highest limit of any applicable coverage regardless of the number of coverages that apply. Should more than one coverage part apply, the Member deductible shall not exceed the highest deductible under any applicable coverage part. With respect to Coverages A, B, C, D and E above: All limits of liability, including group limits and sub-limits, are inclusive of Defense Costs. ULTIMATE MAXIMUM LIABILITY – ALL COVERED PARTIES Subject to the limits set forth in the liability coverages set forth under “Coverages” above: The maximum limits of liability for all SDRMA Covered Parties due to an Occurrence, an Auto Accident, a Wrongful Act, an Employee Benefits Act, Error and Omission and/or Wrongful Employment Act or Practice, Liability Coverage Agreement 2023-24 Property/Liability Coverage Documents Page: 5 of 48 Tel 800-537-7790 Special District Risk Management Authority Fax 916-231-4111 Rev. 7/27/2023 www.sdrma.org or any combination thereof, shall not exceed $1,000,000 per occurrence for all Members combined for any loss arising out of Inverse Condemnation, $5,000,000 for any sexual abuse loss and $7,500,000 per occurrence arising out of a Wildfire loss. In addition, subject to the foregoing, the maximum limits of liability for all SDRMA Covered Parties for all Occurrences, Auto Accidents, Wrongful Acts, Employee Benefits Acts, Error and Omission and/or Wrongful Employment Acts or Practices, or any combination thereof shall not exceed the combination of: (1)SDRMA’s liability for its retentions under its Reinsurance Agreement with Old Republic Specialty Insurance Underwriters (Pennsylvania Manufacturers Association Insurance Company) of: (a)$250,000 under Coverage A; (b)$250,000 under Coverage B; (c)$100,000 under Coverage C; (d)$100,000 under Coverage D; and (e)$100,000 under Coverage E; subject to an Aggregate Stop Loss Retention of $4,841,000 and an Aggregate Stop Loss Limit of $2,000,000; (2)Coverage under SDRMA’s Reinsurance Agreement with Old Republic Specialty Insurance Underwriters (Pennsylvania Manufacturers Association Insurance Company) referred to in (1) above with limits of: (a) $2,250,000 under Coverage A; (b) $2,250,000 under Coverage B; (c) $2,400,000 under Coverage C; (d) $2,400,000 under Coverage D; and (e) $2,400,000 under Coverage E; subject to a maximum of $6,750,000 per occurrence, all Members combined and a maximum of $7,200,000 Ultimate Net Loss per Occurrence all Public Officials Liability Coverage Agreement 2023-24 Property/Liability Coverage Documents Page: 6 of 48 Tel 800-537-7790 Special District Risk Management Authority Fax 916-231-4111 Rev. 7/27/2023 www.sdrma.org liability, an Aggregate Stop Loss Retention of $4,841,000 and an Aggregate Stop Loss Limit of $2,000,000; (3)Coverage under SDRMA’s Reinsurance Agreement with Great American Insurance Company with limits of liability of: (a) $5,000,000 under Coverage A; (b) $5,000,000 under Coverage B; (c) $5,000,000 under Coverage C; (d) $5,000,000 under Coverage D; and (e) $5,000,000 under Coverage E; a group aggregate corridor limit of $2,500,000 and a $50,000,000 Annual Aggregate for all SDRMA Members and Covered Parties; and (4) Coverage under SDRMA’s Agreement with Upland Specialty Insurance Company of: (a)$2,500,000 under Coverage A; (b)$2,500,000 under Coverage B; (c)$2,500,00 under Coverage C; (d)$2,500,000 under Coverage D; and (e)$2,500,000 under Coverage E; subject to an Annual Aggregate limit of $12,500,000 for all SDRMA Members and Covered Parties. IV.Coverage Territory This Liability Coverage Agreement applies only to Personal Injury, Property Damage, Public Officials’ and Employees’ Errors and Omissions, Employee Benefits Acts, Errors and Omissions or Wrongful Employment Practices occurring anywhere in the world provided that the Covered Party’s responsibility to pay damages is determined in a Suit on the merits in the United States of America (including its territories and possessions), Puerto Rico or Canada. Liability Coverage Agreement 2023-24 Property/Liability Coverage Documents Page: 7 of 48 Tel 800-537-7790 Special District Risk Management Authority Fax 916-231-4111 Rev. 7/27/2023 www.sdrma.org V.Coverage Period This Liability Coverage Agreement applies only to Personal Injury, Property Damage, Public Officials’ and Employees’ Errors and Omissions, Employee Benefits Acts, Errors and Omissions and Wrongful Employment Practices occurring during the Coverage Period. VI.Persons or Entities Covered A.The Member identified in the Declarations. B.All other Covered Parties. VII.Exclusions Applicable to All Coverages Neither this Liability Coverage Agreement nor any coverage set forth in this Liability Coverage Agreement shall apply to and SDRMA shall have no duty to defend with respect to: A.Intentional Acts: Personal Injury or Property Damage expected or intended from the standpoint of the Covered Party. This exclusion does not apply to Bodily Injury resulting from the use of reasonable force to protect persons or property. B.Workers’ Compensation: Any obligation for which the Covered Party or any carrier as the insurer for the Covered Party may be held liable under any workers’ compensation, occupational disease, unemployment compensation or disability benefits law, or under any similar law including but not limited to the Jones Act (46 U.S.C. App. § 688, et seq.) or the Federal Employer’s Liability Act (45 U.S.C. § 51, et seq.). C.Watercraft: Liability arising out of the ownership, maintenance, storage, loading or unloading, use or operation of any Watercraft, unless such Watercraft is less than fifty-one (51) feet in length. D.Care, Custody or Control: Any liability for Property Damage to Real Property owned by, occupied by or leased to the Covered Party, or their agents or subcontractors; Real or Personal Property in the care, custody or control of any Covered Party or their agents’ or subcontractors’ or as to which the Covered Party or their agents or subcontractors is for any purpose, exercising control. However, this exclusion shall not apply with respect to personal property including but not limited to, memorials, headstones, tombstones, tombs and/or similar personal property in the care, custody or control of any Covered Party which is a Cemetery District. Liability Coverage Agreement 2023-24 Property/Liability Coverage Documents Page: 8 of 48 Tel 800-537-7790 Special District Risk Management Authority Fax 916-231-4111 Rev. 7/27/2023 www.sdrma.org E.Contractual Liability Personal Injury or Property Damage for which the Covered Party is obligated to pay Damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages: 1.That the Covered Party would have in the absence of the contract or agreement; or 2.Assumed by the Member in a contract or agreement that is a Covered Contract, provided the Personal Injury or Property Damage occurs subsequent to the execution of the contract or agreement. Solely for the purpose of liability assumed in a Covered Contract, reasonable attorney fees and necessary litigation expenses incurred by or for a party other than a Covered Party are deemed to be Damages because of Personal Injury or Property Damage, provided: a.Liability to such party for, or for the cost of, that party’s defense has also been assumed in the same Covered Contract; and b.Such attorney fees and litigation expenses are for defense of that party in a Suit in which Damages to which this Liability Coverage Agreement applies are alleged. F.Aircraft or Airfields: Liability arising out of the ownership, maintenance, loading or unloading, use or operation of any aircraft, airfields, runways, hangars, buildings or other properties in connection with aviation activities. G.Medical Malpractice: Personal Injury or Property Damage due to the rendering of or failure to render: 1.Medical, surgical, dental, x-ray or nursing advice, service or treatment, or the furnishing of food or beverages in connection therewith; 2.Any advice, service or treatment conducive to health or of a professional nature; 3.The furnishing or dispensing of drugs or medical, dental or surgical supplies or appliances. 4.The performance of services by physician’s assistants, nurse practitioners, ambulance emergency medical technicians, paramedics or other rescue personnel, including in connection with services performed as part of a program for non- emergency mobile hospitals. This exclusion does not apply: Liability Coverage Agreement 2023-24 Property/Liability Coverage Documents Page: 9 of 48 Tel 800-537-7790 Special District Risk Management Authority Fax 916-231-4111 Rev. 7/27/2023 www.sdrma.org 1. with respect to ambulance emergency medical technicians, paramedics, or other rescue personnel providing medical services in direct response to an emergency call for such services, advice or treatment which the Covered Party routinely provides other than non-emergency mobile hospitals; or 2. to a Medical Director employed by the Member who oversees non-patient specific services to the Member’s Emergency Medical Services Department and/or the Member’s Mobile Integrated Healthcare - Community Paramedicine Program. This exception to Exclusion G is limited to provide coverage only for administrative functions which are related to narcotics security, inventory, and management, management of quality assurance programs and policies, and oversight of training and education for Department Paramedics and EMTs, and does not extend coverage for medical malpractice based on direct patient care by the Medical Director. H. Inverse Condemnation Claims, Suits, Damages, losses or any liability arising out of, caused by, resulting from, contributed to, aggravated by or concurrently caused in any way by any loss or liability alleged or imposed in connection with or for Inverse Condemnation. This exclusion applies both to any obligation to pay Damages on behalf of a Covered Party as well as any duty to defend a Covered Party, and applies to any Claim or Suit alleging or any judgment or award imposing such liability, even if the allegations of the Claim or Suit also assert, or the judgment or award also imposes, liability for the same Damages or loss on other legal claims or theories, including but not limited to the legal claims or theories of trespass, nuisance, negligence or maintenance of a dangerous condition of public property. Subject to $1,000,000 per occurrence limitation set forth in the declarations, this exclusion does not apply to liability for Inverse Condemnation arising directly out of physical injury to or destruction of tangible property which is neither expected nor intended from the standpoint of the Covered Party, except that (1) damage or loss due to a Covered Party’s knowing or deliberate inappropriate failure to routinely maintain, repair or replace any structure or improvement including, but not limited to, water lines, gas lines, electrical lines, sewer lines or other provisions for transmission or delivery of services will be deemed expected or intended within the meaning of this exclusion, and (2) no coverage is afforded for any nonphysical consequential damages, or for costs, expert fees, appraisal fees, engineering fees or attorneys’ fees claimed by or awarded to a plaintiff in an Inverse Condemnation Suit. Liability Coverage Agreement 2023-24 Property/Liability Coverage Documents Page: 10 of 48 Tel 800-537-7790 Special District Risk Management Authority Fax 916-231-4111 Rev. 7/27/2023 www.sdrma.org I. Failure to Supply Electrical Power, Gas or Steam: Liability arising out of the failure to supply electrical power, gas or steam, or to liability arising out of the interruption of electrical power or fuel supply. J. Failure to Supply Water: Liability arising out of the failure or inability to supply or provide an adequate supply of water due to liability arising out of the Covered Party’s delivery or non-delivery of water based on any administrative act or decision made by the Covered Party’s governing body with respect to either obtaining a supply of water for, or allocating the available supply of water amongst the Covered Party’s water users. However, this exclusion does not apply to a claim or Suit arising out of Personal Injury or Property Damage due to an Occurrence if the failure to supply water results from the sudden and accidental injury to tangible property (other than water) owned or used by a Covered Party. In those instances where this exclusion does not apply, there is a limit of $1,000,000 per occurrence. K. Subsidence and/or Earth Movement: Liability arising out of, caused by, resulting from, contributed to, aggravated by or concurrently caused by the subsidence of land or earth movement, including landslide, earthquake, mud flow, earth sinking, earth rising and earth shifting. However, this exclusion does not apply if the subsidence or earth movement is the direct result of or occurs subsequent to the Covered Party’s water lines breaking or leaking. L. Nuclear: Personal Injury or Property Damage: 1. With respect to which the Covered Party is also an Insured under a nuclear energy policy issued by the Nuclear Energy Liability-Property Insurance Association, Mutual Atomic Energy Liability Underwriters or Nuclear Insurance Association of Canada, or would be an Insured under any such policy but for its termination upon exhaustion of its limit of liability; or Resulting from the “hazardous properties” of “nuclear material” and with respect to which: a. Any person or any organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof, b. The Covered Party is, or had this policy not been available would, be, entitled to indemnity from the United States of America or any agency thereof, with any person or organization. Liability Coverage Agreement 2023-24 Property/Liability Coverage Documents Page: 11 of 48 Tel 800-537-7790 Special District Risk Management Authority Fax 916-231-4111 Rev. 7/27/2023 www.sdrma.org 2. Under any liability coverage, to injury, sickness, disease, death or destruction resulting from the “hazardous properties” of “nuclear material”, if: The “nuclear material”: a. Is at any “nuclear facility” owned by the Covered Party or operated by the Covered Party or on the Covered Party’s behalf, or b. Has been discharged or dispensed therefrom; The “nuclear material” is contained in “spent fuel” or “waste” at any time possessed, handled, used, processed, stored, transported or disposed of by the Covered Party or on the Covered Party’s behalf; or The injury, sickness, disease, death or destruction arises out of the furnishing by the Covered Party of services, materials, parts or equipment in connection with the planning, construction, maintenance, operation or use of any “nuclear facility”, but if such facility is located within the United States of America, its territories or Canada, this exclusion, c. Applies only to injury or Property Damage to such “nuclear facility” and any property threat. 3. As used in this exclusion: a. “Hazardous properties” includes radioactive, toxic or explosive properties; b. “Nuclear material” means source material, special nuclear material or by-products material; c. “Source material”, “special nuclear material” and “by- product material” have the meanings given them in the Atomic Energy Act of 1954 or any law amendatory thereof; d. “Spent fuel” means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation in a nuclear reactor; e. “Waste” means any waste material 1. Containing by-product other than the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material contents; and 2. Resulting from the operation by any person or organization of a nuclear facility included within the definition of “Nuclear Facility” below; f. “Nuclear Facility” means: 1. Any nuclear reactor; 2. Any equipment or device designed or used for: a. Separating the isotopes of uranium or plutonium, Liability Coverage Agreement 2023-24 Property/Liability Coverage Documents Page: 12 of 48 Tel 800-537-7790 Special District Risk Management Authority Fax 916-231-4111 Rev. 7/27/2023 www.sdrma.org b. Processing or utilizing spent fuel, or c. Handling, processing or packaging wastes 3. Any equipment or device used for the processing, fabrication, or alloying of special nuclear material if at any time the total amount of such material in the Covered Party’s custody at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235; Any structure, basin, excavation, premises or place prepared or used for storage or disposal of waste, and includes the site on which any of the foregoing is located, all operations conducted on such site and all premises used for such operations. “Nuclear reactor” means any apparatus designed or used to sustain nuclear fission in a self-supporting chain reaction to contain a critical mass of fissionable material; With respect to injury or to destruction of property, the word “injury” or “destruction” includes all forms of radioactive contamination of property. M. War: Personal Injury, Property Damage, Public Officials and Employees Errors and Omissions, Employee Benefits Acts, Errors and Omissions or Wrongful Employment Practices due to war, whether or not declared, or any act or condition incident to or arising out of war. War includes civil war, insurrection, rebellion or revolution. N. Pollution: Any Claim for Personal Injury, Property Damage, or Public Officials’ and Employees’ Errors and Omissions, Employee Benefits Acts, Errors and Omissions or Wrongful Employment Practices which would not have occurred in whole or in part, but for the actual alleged or threatened discharge, dispersal, seepage, migration, release or escape of Pollutants, at any time anywhere in the world; Any obligation to defend any Suit or Claim against the Covered Party alleging Personal Injury, or Property Damage, or Public Officials’ and Employees’ Errors and Omissions, Employee Benefits Acts, Errors and Omissions or Wrongful Employment Practices and seeking Damages, if such Suit or Claim arises from Personal Injury, Property Damage, Public Officials’ and Employees’ Errors and Liability Coverage Agreement 2023-24 Property/Liability Coverage Documents Page: 13 of 48 Tel 800-537-7790 Special District Risk Management Authority Fax 916-231-4111 Rev. 7/27/2023 www.sdrma.org Omissions or Wrongful Acts, Employee Benefits Acts, Errors and Omissions or Wrongful Employment Practices which would not have occurred in whole or in part, but for the actual alleged or threatened discharge, dispersal, seepage, migration, release or escape of Pollutants, at any time anywhere in the world; Any loss, cost, or expense arising out of any request, demand, order or statutory or regulatory requirement that the Covered Party test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of Pollutants; Any loss, cost or expense incurred by a governmental unit or other third party, including but not limited to costs for investigation and monitoring, and attorneys' fees, relating to activities in connection with efforts to test for, monitor, clean up, remove, contain, trace, detoxify or neutralize, or in any way respond to, or assess the effects of Pollutants. Any 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, Pollutants. However, this exclusion shall not apply to the following: 1. Liability arising out of Personal Injury, Property Damage or Public Officials and Employees Errors & Omissions, Employee Benefits Acts, Errors and Omissions or Wrongful Employment Practices if such discharge, disposal, seepage, migration, release or escape of Pollutants is caused by heat, smoke or fumes from a hostile fire involving a building or its contents which are owned, rented or occupied by the Covered Party or upon which the Covered Party is performing operations or upon which operations are being performed on behalf of the Covered Party or caused by lightning or vehicle collision. 2. Liability arising from the loading, unloading or transportation of hazardous materials by Auto. 3. Liability arising from sewage that emanated from a sewer line or sewer system or back up from a sewer line or a sewer system incurred by the Covered Party during the Coverage Period. 4. Liability arising from the release or discharge of Pollutants resulting from, the use of fire fighting equipment in response to a hostile fire or other Liability Coverage Agreement 2023-24 Property/Liability Coverage Documents Page: 14 of 48 Tel 800-537-7790 Special District Risk Management Authority Fax 916-231-4111 Rev. 7/27/2023 www.sdrma.org emergencies that involve the use of fire fighting equipment. 5. Liability arising out of the use, handling, storage, discharge, dispersal, seepage, migration, release, or escape of chlorine or disinfectants. 6. Liability arising out of the use, handling, storage, discharge, dispersal, seepage, migration, release, or escape of the Covered Parties Products. 7. As respects operations involving pesticide or herbicide application at or from any site or location not owned or controlled by the Covered Party on which the Covered Party or any contractors or subcontractors working directly or indirectly on its behalf, is performing operations if: The Pollutants are brought on or to the site or location in connection with such operations, and The operations performed meet all standards of any statute, ordinance, regulation, or license requirement of any federal, state, or local government which apply to those operations. This exception applies only to direct and immediate Bodily Injury or to direct and immediate Property Damage sustained on those particular premises upon which operations are being performed, by or on behalf of the Covered Party or those premises immediately adjoining. O. Asbestos: Any liability arising out of the manufacture of, mining of, use of, sale of, installation of, removal of, distribution of or exposure to, asbestos, asbestos products, asbestos fibers or asbestos dust; or, Any liability to any party arising out of Personal Injury, Property Damage, Public Officials’ and Employees’ Errors and Omissions, Employee Benefits Liability or Wrongful Employment Practices due to an Occurrence, Auto Accident, Wrongful Act, Employee Benefits Act, Error or Omission, Wrongful Employment Practice, Claim or Suit, at any time as a result of the manufacture of, mining of, use of, sale of, installation of, removal of, distribution of or exposure to asbestos, asbestos products, asbestos fibers or asbestos dust; or Any liability to defend any Suit or Claim against the Covered Party alleging Personal Injury, or Property Damage, or Public Officials’ and Employees’ Errors and Omissions, Employee Benefits Liability Liability Coverage Agreement 2023-24 Property/Liability Coverage Documents Page: 15 of 48 Tel 800-537-7790 Special District Risk Management Authority Fax 916-231-4111 Rev. 7/27/2023 www.sdrma.org or Wrongful Employment Practices due to an Occurrence, Auto Accident, Wrongful Act, Employee Benefits Acts, Errors and Omissions or Wrongful Employment Practices if such Claim or Suit results from or is contributed by any combination of the following: manufacture of, mining of, use of, sale of, installation of, removal of, distribution of, or exposure to asbestos, asbestos products, asbestos fibers or asbestos dust; Any loss, cost, expense, fine or penalty arising out of any of the foregoing. P. ERISA: As respects liability imposed upon a Covered Party (or which is imputed to a Covered Party) under the “Employee Retirement Income Security Act of 1974” and any law amendatory thereof. Q. Liquor: Personal Injury or Property Damage for which the Covered Party or its/their indemnitee may be held liable: As an owner or lessor of premises used for such purposes, by reason of the selling, serving or giving or permitting the possession or consumption of any alcoholic beverage in violation of any statute, ordinance or regulation, including any claim alleging negligence or wrongdoing in the supervision, hiring, employment, training or monitoring of others and/or providing or failing to provide transportation with respect to any person who may be under the influence of alcohol. However, this exclusion does not apply with respect to the liability of the Covered Party or his indemnitee arising out of the giving, serving or selling of alcoholic beverages at functions incidental to the Covered Party's business, provided that the Covered Party is not engaged in the business of manufacturing, distributing, selling or serving of alcoholic beverages. R. School Districts/Transit Districts: Any liability arising out of the operation of school districts and/or transit districts. S. Recreation Equipment and Facilities: Any Claim or Suit arising out of the use of trampolines or rebound tumbling devices or bungee jumping. T. Fines, Penalties or Punitive Damages: Any fines, penalties, punitive or exemplary damages or the multiplied portion of multiplied damages for which the Covered Party may be legally obligated to pay, whether under common law Liability Coverage Agreement 2023-24 Property/Liability Coverage Documents Page: 16 of 48 Tel 800-537-7790 Special District Risk Management Authority Fax 916-231-4111 Rev. 7/27/2023 www.sdrma.org or statute. This exclusion also applies to any liability assumed under any contract. U. Dam Breakage: Liability arising out of any collapse, rupture, bursting, overtopping, accidental discharge, sudden escape of water, intentional discharge of water, downstream damage or from partial or complete, actual or constructive, structural failure of any Dam. V. Selenium: Any and all liability for past, present, or future Claims arising, in whole or in part, either directly or indirectly out of selenium, or any compound containing selenium. W. Law Enforcement: Any Claim or Suit arising out of Law Enforcement Liability. However, this exclusion shall not apply to the use of a Covered Auto. X. Failure of Computer, Data Processing or Electronic Equipment to Interpret or Accept one or more Dates or Time: The failure, malfunction, or inadequacy of: Computer, data processing or electronic equipment due to the inability to correctly recognize, process, distinguish, interpret or accept one or more dates or times (such as the Year 2000 and beyond) or; Advice, consultation, design, evaluation, inspection, installation, maintenance, repair, replacement or supervision provided or done by the Covered Party or for the Covered Party to determine, rectify or test for potential or actual problems to computers, data processing or electronic equipment. However, if loss or damage from certain causes of loss results, there may be coverage for that resulting loss or damage, subject to the terms and conditions of the Liability Coverage Agreement. Y. Mold: Any Claim or Suit arising out of fungus, fungi, mold, mildew or yeast, spores or any material, product or component or a concentration moisture water or other liquid within such material product or component which contains, produces or otherwise acts as a medium for any fungus, fungi, mold, mildew, yeast or spores, or toxicims emanating therefrom. For purposes of this exclusion, fungus and fungi include, but are not limited to, any of the plants or organisms belonging to the major group fungi, lacking chlorophyll and including molds, rusts, mildews, smuts and mushrooms. Liability Coverage Agreement 2023-24 Property/Liability Coverage Documents Page: 17 of 48 Tel 800-537-7790 Special District Risk Management Authority Fax 916-231-4111 Rev. 7/27/2023 www.sdrma.org For purposes of this exclusion, “molds” includes but is not limited to superficial growth produced on damp or decaying organic matter or on living organisms and fungi that produce molds. For purposes of this exclusion, “spores” means any dormant or reproductive body produced by or arising or emanating out of any fungus, fungi, mold, mildew plants, organisms or micro organisms. Z. Lead: Any Claim or Suit arising out of the presence, ingestion, inhalation or absorption of or exposure to lead in any form or products containing lead. AA. Failure to Procure Bond or Insurance: Any Claim or Suit arising out of any Covered Party’s failure to procure or maintain any insurance, bond or self-insurance. BB. Liability of Covered Party in Insolvency or Guarantee Fund: Any Claim or Suit arising out of any Covered Party’s participation or membership, whether voluntary of involuntary, in any insurance or risk financing pool, or in any insolvency fund, including any guarantee fund, association, pool, plan, or other facility which provides for the assessment of, or payment by, or assumption by the Covered Party of a part or the whole of any claim, debt, charge, fee, or other obligations of any insurer or risk financing entity or syndicate, or their successors or assigns, which has been declared insolvent by any authority having jurisdiction. CC. Internet Exclusion: Any Claim or Suit against a Covered Party arising out of any act, error, or omission or other conduct as an: (1) Internet Service Provider, meaning any person or entity providing access to the Internet, content over the Internet or connection to the Internet; or (2) Internet Consulting Firm, which shall include but not be limited to, any person or entity engaged for another person or entity in the design, construction or management of an Internet site or web page, including, but not limited to, internet forum, chat room, bulletin board, and internet advertising in any form; or (3) Application Service Provider, meaning any person or entity that provides software, applications and associated services to a subscriber based across an area network; or (4) Internet Backbone Provider, meaning any person or entity that routes or provides channels for packets that transport data from point to point on the Internet; or Liability Coverage Agreement 2023-24 Property/Liability Coverage Documents Page: 18 of 48 Tel 800-537-7790 Special District Risk Management Authority Fax 916-231-4111 Rev. 7/27/2023 www.sdrma.org (5) Entity or individual that derives ninety percent or more of gross revenue or conducts or executes ninety percent or more of business transactions on or through the Internet; or (6) Entity or individual that is in the business of providing electronic mail or messaging services; or (7) Entity or individual that is in the business of developing, supplying and/or installing encryption software or applications for use on the Internet. “Internet” as utilized in this exclusion shall mean the international computer network of interoperable packet switched data networks, including the World Wide Web. DD. CEQA: Liability imposed upon a Covered Party (or which is imputed to a Covered Party) under the “California Environmental Quality Act” and any law amendatory thereof. EE. Prior Manifestation: Personal Injury or Property Damage that any Covered Party knew or should have known first existed before the commencement of this Coverage Period, or that was manifested or alleged to have become manifested before the commencement of this Coverage Period. Personal Injury or Property Damage will be deemed to have become manifested as of the earliest date when any such injury or damage first occurred, regardless of whether any Covered Party was aware of the existence of any such injury or damage, and also regardless of whether such injury or damage may have been continuous or progressive, may have been due to repeated exposure to substantially the same harmful conditions or may have continued, changed, resumed or become progressively worse during this Coverage Period. FF. Acts Or Omissions Of Consultants Or Contractors Who Are Not Full- Time Employees Of The Covered Party: Any Claim or Suit for Personal Injury, Property Damage, Public Officials’ and Employees’ Errors and Omissions, Employee Benefits, Acts, Errors or Omissions, or Wrongful Employment Practices arising out of the acts or omissions of any consultant or contractor who is not a fulltime employee of the Covered Party, but who is appointed by the Covered Party to act as its official, agent, or other representative. GG. Nuclear Biological Chemical Radiology Units: Liability imposed upon the Covered Party arising out of exposure to or damage caused by Nuclear Biological Chemical Radiology Unit. HH. Fungal Pathogens: Liability Coverage Agreement 2023-24 Property/Liability Coverage Documents Page: 19 of 48 Tel 800-537-7790 Special District Risk Management Authority Fax 916-231-4111 Rev. 7/27/2023 www.sdrma.org Liability imposed upon the Covered Party arising out of exposure to or damage caused by Fungal Pathogens. II. Silica: Liability imposed upon a Coverage Party arising out of exposure to or damage caused by Silica. JJ. Wrap-Up Construction Project: Any claim for Personal Injury, Property Damage, Public Officials’ Errors And Omissions, Employee Benefits, Acts, Errors or Omissions and Wrongful Employment Practices arising out of any construction project covered by a owner controlled insurance or “wrap-up” type insurance program. KK. Access or Disclosure of Confidential or Personal Information and Data-related Liability To any liability for Damages arising out of or by reason of: (1) Any access to or disclosure of any person’s or organization’s confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card information, health information or any other type of nonpublic information; or (2) The loss of, loss of use of, damage to, corruption of, inability to access, alteration of, or inability to manipulate Electronic Data or a data asset. This Exclusion applies even if Damages are claimed for notification costs, costs relating to theft prevention or cyber-security programs, credit monitoring expenses, forensic expenses, public relations expenses or any other loss, cost or expense incurred by the Covered Party or others arising out of that which is described in Paragraph (1) or (2) above. LL. Injuries to Employee Bodily Injury to: (1) An Employee of a Covered Party arising out of the and in the course of: (a) Employment by the Covered Party; or (b) Performing duties relate to the conduct of the Covered Party’s operations; or (2) The spouse, child, parent, brother or sister of that Employee as Liability Coverage Agreement 2023-24 Property/Liability Coverage Documents Page: 20 of 48 Tel 800-537-7790 Special District Risk Management Authority Fax 916-231-4111 Rev. 7/27/2023 www.sdrma.org a consequence of Paragraph (1) above. This exclusion applies whether the Covered Party may be liable as an employer or in any other capacity and to any obligation to share Damages with or repay someone else who must pay Damages because of the injury. This exclusion does not apply to liability assumed by a Covered Party under a Covered Contract. MM. Security, Debt, Bank Deposit, Financial Interest or Instrument: To any liability for Damages arising out of or by reason of: 1. The purchase or sale, or offer of sale, or solicitation of any security, debt, bank deposit, or financial interest or instrument; 2. Any representations made at any time in relation to the price or value of any security, debt, bank deposit of financial interest or instrument; 3. Any depreciation or decline in price or value of any security debt, bank deposit or financial interest or instrument; 4. Failure to pay on debt financing of bonds or other securities when due; 5. SEC violations; or 6. The collection, disbursement, or shortfall of any taxes. NN. Gifts of Public Funds: To any liability of a Covered Party for Damages on account of an actual or alleged gift of public funds under Article XVI, Section 6 of the California Constitution or otherwise. OO. Aircraft Parts or Associated Equipment: To any liability of a Covered Party for Damages on account of or arising out of any loss, cost or expense related to aircraft or aircraft parts necessary for safety, flight, navigation or other operation, including equipment associated with ground support or control of aircraft. PP. Overhead Transmission and/or Feeder Lines: To any liability of a Covered Party arising out of or resulting from Overhead Electric Transmission Lines and/or Electric Feeder Lines Liability Coverage Agreement 2023-24 Property/Liability Coverage Documents Page: 21 of 48 Tel 800-537-7790 Special District Risk Management Authority Fax 916-231-4111 Rev. 7/27/2023 www.sdrma.org owned or maintained by any Covered Party. QQ. Act of Terrorism: Personal Injury, Property Damage, Public Officials and Employees Errors and Omissions, Employee Benefits Acts, Errors and Omissions or Wrongful Employment Practices including awards for punitive damages arising out of an Act of Terrorism, including nuclear, biological, chemical or radioactive terrorism. RR. Acts of Terrorism By Unconventional Weapons: Personal Injury, Property Damage, Public Officials and Employees Errors and Omissions, Employee Benefits Acts, Errors and Omissions or Wrongful Employment Practices arising out of an Act of Terrorism, whether directly or indirectly, or any act or condition incident to or arising out of or in connection with biological, chemical, radioactive, or nuclear explosion, pollution, contamination and/or fire following thereon. However, as respects a fire following thereon, this exclusion shall not apply when coverage is required by laws, regulations or public policy of any state. SS. Total Loss Salvage Vehicles: To any liability of a Covered Party for Damages on account of or arising out of any loss, cost or expense related to a total loss salvage vehicle. TT. Misapplication or Calculation of Compensation For Any Type of a Public Retirement System or Plan Any liability, Claim or Suit for Damages, Personal Injury, Bodily Injury, Property Damage, Public Officials’ and Employees’ Errors and Omissions, Employee Benefits, Acts, Errors or Omissions, or Wrongful Employment Practices arising out of: A. the Member’s actual or alleged error or omission in reporting or calculating compensation for any type of a public retirement system or plan, such as CalPERS, which results in the miscalculation of retirement benefits; and/or B. requires the Member to pay back to the public retirement system or plan, all amounts paid to the retiree or active member, or their survivor or beneficiary and/or C. requires the Member to make the retiree or active member, or their survivor or beneficiary, “whole” for the loss of future benefits attributed Liability Coverage Agreement 2023-24 Property/Liability Coverage Documents Page: 22 of 48 Tel 800-537-7790 Special District Risk Management Authority Fax 916-231-4111 Rev. 7/27/2023 www.sdrma.org to the removal of Disallowed Compensation from the calculation of retirement benefits. This includes instances in which the public retirement system or plan determines that the compensation for a retiree or active member was Disallowed Compensation. UU. Communicable Disease or Virus All loss, actual or alleged loss, liability, Damage, compensation, injury, sickness, disease, death, medical payment, Defense Cost, cost, expense or any other amount, directly or indirectly and regardless of any other cause contributing concurrently or in any sequence, originating from, caused by, arising out of, contributed to by, resulting from, or otherwise in connection with a Communicable Disease or the fear or threat (whether actual or perceived) of a Communicable Disease. This exclusion applies even if the Claims against any insured allege negligence or other wrongdoing in the: a. Supervising, hiring, employing, training or monitoring of others that may be infected with and spread a Communicable Disease; b. Testing for a Communicable Disease; c. Failure to prevent the spread of the disease; or d. Failure to report the disease to authorities. VV. Cyber Incidents All loss, injury, Damage, liability, cost or expense caused by or arising out of: a. Cyber Act; or b. Cyber Incident; or c. The loss of, loss of use of, Damage to, corruption of , inability to access, or inability to manipulate Electronic Data from a Cyber Act, Cyber Incident or any other incident however caused; or d. Access to or disclosure of confidential or personal information and/or data including any access to or disclosure of any person’s or organization’s confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card information, health information or any other type of nonpublic information; Liability Coverage Agreement 2023-24 Property/Liability Coverage Documents Page: 23 of 48 Tel 800-537-7790 Special District Risk Management Authority Fax 916-231-4111 Rev. 7/27/2023 www.sdrma.org This exclusion applies even if Damages are claimed for notification costs, credit monitoring expenses, forensic expenses, public relations expenses or any other loss, cost or expense incurred by the Member or others arising out of that which is described above. WW. Covered Party as Participant of a Non-Member Joint Powers Authority: Any liability or obligation arising out of the liability of a Joint Powers Authority in which the Covered Party or a Member participates, including any liability or obligation of its individual members, unless the Joint Powers Authority is also a Member of SDRMA. XX. Medical Payments: Medical payments coverage or expenses that are provided without regard to fault. YY. Wildfire Claims, Suits, Damages, losses or any liability arising out of, caused by, resulting from, contributed to, aggravated by or concurrently caused in any way by any loss or liability alleged or imposed in connection with or for Wildfire. This exclusion applies both to any obligation to pay Damages on behalf of a Covered Party as well as any duty to defend a Covered Party, and applies to any Claim or Suit alleging or any judgment or award imposing such liability, even if the allegations of the Claim or Suit also assert, or the judgment or award also imposes, liability for the same Damages or loss on other legal claims or theories, including but not limited to any cost a Covered Party becomes legally obligated to pay as reimbursement for fighting, suppressing or bringing under control any Wildfire. Subject to $7,500,000 per occurrence limitation set forth in the declarations, this exclusion does not apply to liability for Wildfire arising directly out of physical injury to or destruction of tangible property which is neither expected nor intended from the standpoint of the Covered Party, except that no coverage is afforded for any nonphysical consequential damages, or for costs, expert fees, appraisal fees, engineering fees or attorneys’ fees claimed by or awarded to a plaintiff in a Suit related to Wildfire. ZZ. Use of Auto by Covered Party with Suspended or Revoked Driver’s License To any liability of any Covered Party arising out of their use of an Auto while their driver’s license is suspended or revoked, and to any liability of any other Covered Party, including the Member, arising Liability Coverage Agreement 2023-24 Property/Liability Coverage Documents Page: 24 of 48 Tel 800-537-7790 Special District Risk Management Authority Fax 916-231-4111 Rev. 7/27/2023 www.sdrma.org out of such use. AAA. Cannabis Any loss, cost, or expense arising out of Personal Injury or Property Damage arising out of: a. The design, cultivation, manufacture, storage, processing, packaging, handling, testing, distribution, sale, serving, furnishing, possession or disposal of Cannabis; b. The actual, alleged, threatened or suspected inhalation, ingestion, absorption or consumption of, contact with, exposure to, existence of, or presence of Cannabis; or c. Property Damage to Cannabis. This exclusion applies even if the Claims against any Covered Party allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that Covered Party, if the event which caused the injury or damage involved that which is described in Paragraph a., b., or c. above. However, Paragraph b. does not apply to Bodily Injury or Property Damage arising out of the actual, alleged, threatened or suspected inhalation, ingestion, absorption or consumption of, or contact with, Cannabis by: a. A Covered Party; or b. Any other person for whom the Member is legally responsible; but only if the Bodily Injury or Property Damage does not arise out of the selling, serving or furnishing of Cannabis to any person described in Paragraph a. or b. above. BBB. Member Joint Liability Any liability arising out of or imposed on a Member for their joint liability on account of their membership in SDRMA pursuant to the provisions of California Government Code Section 895.2. CCC. Perfluoroalkyl or Polyfluoroalkyl Substances (“PFAS”) Liability arising out of, resulting from, or in any way caused by or related to any actual, alleged or threatened discharge, disposal, escape, seepage, migration, release, or existence, ingestion, inhalation, absorption, exposure to, contact with, consumption or absorption of Perfluoroalkyl or Polyfluoroalkyl Substances (“PFAS”) or materials containing PFAS. Any loss, cost, expense, liability or other type of obligation arising Liability Coverage Agreement 2023-24 Property/Liability Coverage Documents Page: 25 of 48 Tel 800-537-7790 Special District Risk Management Authority Fax 916-231-4111 Rev. 7/27/2023 www.sdrma.org out of or resulting from, or in any way related to, any: (a) Claim, Suit, request, demand, directive, statutory or regulatory requirement, or order by or on behalf of any person, entity, or governmental authority that any Covered Party or others test for, monitor, clean up, remove, contain, treat, detoxify, neutralize, or in any way respond to or assess the effects of PFAS or materials containing PFAS; or (b) Claim or Suit by or on behalf of any person, entity, or governmental authority for damages or any other relief or remedy because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying, or neutralizing, or in any way responding to or assessing the effects of PFAS or materials containing PFAS. DDD. Organic Pathogens (a) liability arising out of any actual, alleged or threatened infectious, pathogenic, toxic or other harmful properties of any Organic Pathogen, or (b) any Claim, Suit, request, demand, order or statutory or regulatory requirement 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, any Organic Pathogen. VIII. Additional Exclusions Applicable to Coverage A, Personal Injury or Property Damage Due to an Occurrence Under Coverage A, Personal Injury or Property Damage due to an Occurrence, coverage does not apply to: A. Risks Covered Under Coverages B, C, D and E: Any Personal Injury or Property Damage due to an Auto Accident, to any Public Officials’ and Employees Errors’ and Omissions due to a Wrongful Act, to any Employee Benefits Act, Error or Omission or to any Wrongful Employment Practices as defined in Coverages B, C, D, and E respectively in this Liability Coverage Agreement. Liability Coverage Agreement 2023-24 Property/Liability Coverage Documents Page: 26 of 48 Tel 800-537-7790 Special District Risk Management Authority Fax 916-231-4111 Rev. 7/27/2023 www.sdrma.org B. Auto Accidents. Personal Injury or Property Damage arising out of the ownership, maintenance, use or entrustment to others of any Auto owned or operated by or rented or loaned to any Covered Party. This exclusion does not apply to: (1) Parking an Auto on or on the ways next to premises which any Covered Party owns or rents, provided the Auto is not owned by, rented to or loaned to any Covered Party; (2) Personal Injury or Property Damage arising out of the operation of machinery or equipment that is attached to, or is part of, a land vehicle that would qualify under the definition of Mobile Equipment if it were not legally subject to registration as a motor vehicle. C. Mobile Equipment: Personal Injury or Property Damage arising out of: The transportation of Mobile Equipment by an Auto owned or operated by or rented or loaned to any Covered Party or in connection with the use of Mobile Equipment in any prearranged racing, speed or demolition activity. IX. Additional Exclusion Applicable to Coverage B, Personal Injury or Property Damage Due to an Auto Accident Under Coverage B, Personal Injury or Property Damage due to an Auto Accident, coverage does not apply to: A. Risks Covered Under Coverages A, C, D and E: Any Personal Injury or Property Damage due to an Occurrence, to any Public Officials and Employees Errors and Omissions due to a Wrongful Act, to any Employee Benefits Act, Error or Omission or Wrongful Employment Practices as defined in Coverages A, C, D, and E respectively in this Liability Coverage Agreement. X. Additional Exclusions Applicable to Coverage C, Public Officials and Employees Errors and Omissions Liability Under Coverage C, Public Officials and Employees Errors and Omissions Liability, coverage, does not apply to: A. Risks Covered Under Coverages A, B, D and E: Any Personal Injury or Property Damage due to an Occurrence, Personal Injury or Property Damage due to an Auto Accident, Employee Benefits Acts, Errors or Omissions or Wrongful Employment Practices as defined in Coverages A, B, D and E respectively in this Liability Coverage Agreement; B. Employee Benefit Plan: Benefits payable under an employee benefit plan (whether the plan is voluntarily established by the Covered Party or mandated by statute) because of unlawful discrimination or termination; Liability Coverage Agreement 2023-24 Property/Liability Coverage Documents Page: 27 of 48 Tel 800-537-7790 Special District Risk Management Authority Fax 916-231-4111 Rev. 7/27/2023 www.sdrma.org C. Taxes, Fees or Assessments: Refunds or improper allocations of taxes, fees or assessments; D. Remuneration Or Financial Gain: Liability of a Covered Party arising in whole or in part, out of any Covered Party obtaining remuneration or financial gain to which the Covered Party was not legally entitled or liability arising out of the willful violation of a penal statute or ordinance committed by or with the knowledge or consent of any Covered Party; except that any fact pertaining to any other Covered Party shall not be imputed to any other Covered Party for the purpose of determining application of these exclusions; E. Preparation Of Bid Specifications, Plans Or Liability Arising Out of Failure to Award Contracts: Liability of any Covered Party arising out of (1) estimates of probable costs or cost estimates being exceeded, (2) any faulty preparation of bid specifications or plans, or (3) failure to award contracts in accordance with any statute, ordinance or regulation which requires that such contracts be submitted for bids; F. Tangible Property: Injury to, destruction or disappearance of any tangible property (including money) or the loss of use thereof; G. Breach of Contract: Failure to perform and/or breach of a contractual obligation or any liability arising out of breach of contract; H. Fraud, Knowingly Wrongful or Criminal Acts: Fraud, knowingly wrongful acts, or criminal acts for which there has been a final determination that the Covered Party is liable. However, if the Suit seeks Damages covered by the terms and conditions of this Liability Coverage Agreement, SDRMA will furnish a defense until such time as there has been a final determination of liability for fraud, a knowingly wrongful act or acts, or a criminal act or acts; I. Use, Misuse, Loss Or Return Of Funds, Grants, Appropriations: Liability for Damages arising out of the actual or alleged use, misuse or loss of funds, grants or appropriations or for the return of such funds, grants or appropriations for any reason; XI. Additional Exclusions Applicable to Coverage D, Employee Benefits Acts, Errors and Omissions Under Coverage D. for Employee Benefits Acts, Errors and Omissions, coverage does not apply to: A. Risks Covered Under Coverages A, B, C and E: Liability Coverage Agreement 2023-24 Property/Liability Coverage Documents Page: 28 of 48 Tel 800-537-7790 Special District Risk Management Authority Fax 916-231-4111 Rev. 7/27/2023 www.sdrma.org Any Personal Injury or Property Damage due to an Occurrence, Auto Accident, Public Officials’ and Employees’ Errors and Omissions or, Wrongful Employment Practices, as defined in Coverages A, B, C and E respectively in this Liability Coverage Agreement; B. Dishonest or Intentional Acts: Any dishonest, fraudulent, criminal or malicious act; C. Breach Of Contract: Any Claim for failure of performance of contract by an insurer or any other party, including any insurer’s or any other party’s obligation to afford benefits, or any liability arising out of breach of contract; D. Workers’ Compensation: Any obligation of the Covered Party under a Workers' Compensation, Social Security, Disability Benefits or Unemployment Compensation law or any similar law; E. Stock, Bonds, Securities: Any Claim based upon: 1. Failure of stock, bonds or other securities to perform as represented by the Covered Party, including but not limited to its failure to produce financial gain, profit or growth; 2. Counsel given by a Covered Party to an employee to participate or not to participate in stock subscription plans. F. ERISA: Any liability of a Covered Party as a fiduciary under the Employee Retirement Income Security Act of 1974 (P.L. 93-406), as respects any employee benefit plan. XII. Additional Exclusions Applicable to Coverage E, Wrongful Employment Practices Under Coverage E, Wrongful Employment Practices, coverage does not apply to: A. Risks Covered Under Coverages A, B, C and D: Personal Injury or Property Damage due to an Occurrence, Personal Injury or Property Damage due to an Auto Accident, Public Officials and Employees Errors and Omissions' Liability or Employee Benefits Acts, Errors and Omissions as defined in Coverages A, B, C or D respectively in this Liability Coverage Agreement; B. Strikes And Lockouts; W.A.R.N. Act, Disabled Person Accommodations: Wrongful Employment Practices as respects: Liability Coverage Agreement 2023-24 Property/Liability Coverage Documents Page: 29 of 48 Tel 800-537-7790 Special District Risk Management Authority Fax 916-231-4111 Rev. 7/27/2023 www.sdrma.org 1. Strikes and Lockouts. This Liability Coverage Agreement does not apply to any Claim, Claims, or Suit for loss arising out of a lockout, strike, picket line, replacement or similar actions in connection with labor disputes or labor negotiations. 2. W.A.R.N. Act. This Liability Coverage Agreement does not apply to any Claim, Claims, or Suit for loss arising out of the Workers Adjustment and Retraining Notification Act, Public Law 100-379 (1988), or any amendment thereto, or any similar federal state or local law. 3. Any Claim, Claims, or Suit arising out the failure of the Covered Party to modify any building or property in order to make said building or property more accessible or accommodating to any disabled person. C. Contracts: A failure to perform or breach of any written contracts or agreements relating to employment with a Covered party. XIII. Definitions When used in bold in this policy (including endorsements forming a part hereof): Act of Terrorism means any act, or preparation in respect of action, or threat of action designed to influence the government de jure or de facto of any nation or any political subdivision thereof, or in pursuit of political, religious, ideological, or similar purposes to intimidate the public or a section of the public of any nation by any person or group(s) of persons whether acting alone or on behalf of or in connection with any organization(s) or government(s) de jure or de facto, regardless of any other cause or event contributing concurrently or in any other sequence to the Loss. Administration means providing information with respect to Employee Benefits Plans; giving counsel to employees with respect to employee benefit plans; interpreting the employee benefit plans; handling of records in connection with the employee benefit plans; effecting enrollment, termination or cancellation of employees under the employee benefit plans, provided all are acts which are authorized by a Covered Party. Aircraft means a vehicle designed for the transport of persons or property principally in the air or outer space. Auto means a land motor vehicle, trailer, or semi-trailer, but does not include Mobile Equipment. Liability Coverage Agreement 2023-24 Property/Liability Coverage Documents Page: 30 of 48 Tel 800-537-7790 Special District Risk Management Authority Fax 916-231-4111 Rev. 7/27/2023 www.sdrma.org Auto Accident means an accident for which a Covered Party is legally liable for conduct arising out of the ownership, maintenance or use of a Covered Auto. Bodily Injury means physical injury, sickness, disease, disability, mental anguish, mental injury or death. Cannabis means any good or product that consists of or contains any amount of Tetrahydrocannabinol (THC) or any other cannabinoid, regardless of whether any such THC or cannabinoid is natural or synthetic, including, but not limited to any of the following containing such THC or cannabinoid: a. Any plant of the genus Cannabis L., or any part thereof, such as seeds, stems, flowers, stalks and roots; or b. Any compound, by-product, extract, derivative, mixture or combination, such as Resin, oil or wax; Hash or hemp, or Infused liquid or edible cannabis; whether or not derived from any plant or part of any plant set forth in Paragraph a. above. Claim(s) means a demand for Damages other than a Suit. Communicable Disease means any disease which can be transmitted by means of any substance or agent from any organism to another organism where: 1. the substance or agent includes, but is not limited to, a virus, bacterium, parasite or other organism or any variation thereof, whether deemed living or not, and 2. the method of transmission, whether direct or indirect, includes but is not limited to, airborne transmission, bodily fluid transmission, transmission from or to any surface or object, solid, liquid or gas or between organisms, and 3. the disease, substance or agent can cause or threaten Bodily Injury, illness, emotional distress or damage to human health, human welfare or Property Damage. Completed Operations Hazard includes Personal Injury and Property Damage arising out of operations or reliance upon a representation or warranty made at any time with respect thereto, but only if the Personal Injury or Property Damage occurs after such operations have been completed or abandoned and occurs away from premises owned by or rented to the Covered Party. Operations include materials, parts or equipment furnished in connection therewith. Operations shall be deemed completed at the earliest of the following times: Liability Coverage Agreement 2023-24 Property/Liability Coverage Documents Page: 31 of 48 Tel 800-537-7790 Special District Risk Management Authority Fax 916-231-4111 Rev. 7/27/2023 www.sdrma.org A. When all operations to be performed by or on behalf of the Covered Party at the site of the operations have been completed; or B. When the portion of the work out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as part of the same project. Operations which may require further service or maintenance work, or correction, repair or replacement because of any defect or deficiency, but which are otherwise complete shall be deemed completed. The Completed Operations Hazard does not include Personal Injury or Property Damage arising out of: A. operations in connection with the transportation of property unless the Personal Injury or Property Damage arises out of a condition in or on a vehicle created by the loading or unloading thereof; B. The existence of tools, uninstalled equipment or abandoned or unused materials. Computer System means any computer, hardware, software, communications system, electronic device (including, but not limited to, smart phone, laptop, tablet, wearable device), server, cloud or microcontroller including any similar system or any configuration of the aforementioned and including any associated input, output, data storage device, networking equipment or back up facility, owned or operated by the Insured or any other party Coverage Period means the period during which this Liability Coverage Agreement is in effect as shown in the Declarations or Certificate of Coverage issued by SDRMA. Covered Auto means an Owned Auto as defined herein as well as any Auto which is not owned by the Covered Party but which is hired or borrowed by the Member. Covered Auto also includes any other Auto for which the Member may be liable because of its ownership, maintenance or use. Covered Contract means: A. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to the Liability Coverage Agreement 2023-24 Property/Liability Coverage Documents Page: 32 of 48 Tel 800-537-7790 Special District Risk Management Authority Fax 916-231-4111 Rev. 7/27/2023 www.sdrma.org Covered Party or temporarily occupied by the Covered Party with permission of the owner is not a Covered Contract; B. A sidetrack agreement; C. Any easement or license agreement, except in connection with construction or demolition operations on or within 50 feet of a railroad; D. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; E. An elevator maintenance agreement; F. That part of any other contract or agreement pertaining to a Covered Party’s business (including an indemnification of a municipality in connection with work performed for a municipality) under which the Covered Party assumes the tort liability of another party to pay for Bodily Injury or Property Damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph F. does not include that part of any contract or agreement: 1. That indemnifies a railroad for Bodily Injury or Property Damage arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, roadbeds, tunnel, underpass or crossing; 2. That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; or 3. Under which the Covered Party, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the the Covered Party’s rendering or failure to render professional services, including those listed in (2) above and supervisory, inspection, architectural or engineering activities. Liability Coverage Agreement 2023-24 Property/Liability Coverage Documents Page: 33 of 48 Tel 800-537-7790 Special District Risk Management Authority Fax 916-231-4111 Rev. 7/27/2023 www.sdrma.org However, no contract requiring arbitration shall constitute a Covered Contract unless SDRMA is entitled to exercise the Covered Party’s rights in a choice of arbitrators or in the conduct of such proceedings. Covered Individual(s) means: A. Those individuals who were or now are elected or appointed officials of the Member, including members of its governing body or any other committees, trustees, boards or commissions of the Member, while acting in the course and scope of employment with or for or on behalf of the Member. B. Past or present individual employees and board members of the Member while acting for or on behalf of the Member. C. Any of the Members individual Volunteers while acting within the course and scope of their service or duties as Volunteers, or workers who participate in an internship or training program which may lead to employment with the Member, while acting within the scope of their duties in their internship or training program. D. Any individual added by endorsement. However, subject to A., B., C., and D. above, the phrase Covered Individual(s) does not include any individual using a Covered Auto who is not an Employee or board member of the Member unless that individual is specifically added by endorsement to this Agreement. Covered Parties Products means any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by the Member, including, but not limited to, water or waste water. Covered Parties Products also includes containers (other than vehicles), materials, parts or equipment furnished in connection with such goods or products. Further, Covered Parties Products includes warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of such product and the providing of or failure to provide warnings or instructions. Covered Parties Products does not include vending machines or other property rented to or located for use of others but not sold. Covered Party means a Member, a Covered Individual or any other entity or individual added by endorsement as a Covered Party. If the Member named in the Declarations is a Joint Powers Authority duly authorized and existing pursuant to the provisions of California Government Code §§ 6500 et seq., members of that Joint Powers Authority, but only to the extent such Joint Powers Authority members of the SDRMA Member named in the Declarations are liable under Liability Coverage Agreement 2023-24 Property/Liability Coverage Documents Page: 34 of 48 Tel 800-537-7790 Special District Risk Management Authority Fax 916-231-4111 Rev. 7/27/2023 www.sdrma.org Government Code § 895.2 for the acts or omissions of the SDRMA Member named in the Declarations. The term Covered Party shall not include a Member’s or Covered Individual’s legal counsel or that legal counsel’s law firm. Cyber Act means an unauthorized, malicious or criminal act or series of related unauthorized, malicious or criminal acts, regardless of time and place, or the threat or hoax thereof involving access to, processing of, use of or operation of any Computer System. Cyber Incident means: A. Any error or omission or series of related errors or omissions involving access to, processing of, use of or operation of any Computer System; or B. Any partial or total unavailability or failure or series of related partial or total unavailability or failures to access, process, use or operate any Computer System. Dam means any artificial barrier together with appurtenant works which: A. Is twenty-five feet or more in height from the foot of a natural bed of stream or watercourse; or B. Has water impounding capacity of fifty-acre feet or more. Except that no structure specifically exempted from jurisdiction by the State of California Department of Water Resources, Division of Safety of Dams shall be considered a dam, unless such structure is under the jurisdiction of any agency of the federal government. Damage(s) means monetary compensation for injuries or losses suffered, including loss of services, resulting from Personal Injury, Property Damage, Public Officials’ and Employees’ Errors and Omissions, Employee Benefits Acts, Errors and Omissions or Wrongful Employment Practices. Damages does not include injunctive relief, declaratory relief, restitution, earned but unpaid compensation, overtime compensation, attorneys’ fees, fines or penalties or any civil liability under California Water Code Section 13385. Defense Costs means reasonable attorney's fees, costs and expenses and other fees, costs and expenses incurred in connection with the investigation, adjustment, defense and appeal of a Claim or Suit covered hereunder. However, Defense Costs do not include the office or administration expenses of SDRMA any Volunteer or the Covered Party, nor the salaries of employees or officials of SDRMA or the Covered Party. Liability Coverage Agreement 2023-24 Property/Liability Coverage Documents Page: 35 of 48 Tel 800-537-7790 Special District Risk Management Authority Fax 916-231-4111 Rev. 7/27/2023 www.sdrma.org Disallowed Compensation refers to compensation reported for a retiree or active member of a public retirement system or plan, by the state, school employer, or a contracting agency that the public retirement system or plan, subsequently determines is not in compliance with the California Public Employees’ Pension Reform Act of 2013 (Article 4 (commencing with Section 7522) of Chapter 21 of Division 7 of Title 1), Section 20636 or 20636.1, or the administrative regulations of the system. Electric Feeder Lines includes but is not limited to electrical distribution network lines carrying electrical power between substations and consumers or end users. For the purposes of this definition, Electric Feeder Lines includes electric distribution lines and service drops. Electronic Data means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software (including systems and applications software), hard or floppy disks, CD- ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. Employee means a person (i) employed by a Covered Party in exchange for wages or a salary; or (ii) who is a current or former member of the Member’s board of directors. But Employee does not include any Leased Worker, Volunteer, any independent contractor, any employees of any independent contractor while acting within the scope of their employment, or any worker who participates in an internship or training program which may lead to employment with the Member. Employee Benefits Acts, Errors and Omissions means any acts, errors and omissions resulting from the negligent Administration of employee benefit plans. Hostile Fire means a fire that becomes uncontrollable or breaks out from where it was intended to be. Inverse Condemnation means liability for Property Damage or any other loss, damage, cost or expense arising out of or in connection with principles of eminent domain, condemnation proceedings or inverse condemnation by whatever name called, including land use regulation, zoning, land use planning or planning decisions or enforcement of building codes and/or building regulations Law Enforcement Liability means any liability for Personal Injury or Property Damage arising out of the operations of the Covered Party from the acts or omissions of: Liability Coverage Agreement 2023-24 Property/Liability Coverage Documents Page: 36 of 48 Tel 800-537-7790 Special District Risk Management Authority Fax 916-231-4111 Rev. 7/27/2023 www.sdrma.org A. Police officers who are armed or have the power of arrest, including but not limited to school crossing guards and meter attendants; B. Auxiliary, volunteer, or reserve police officers; C. Other employees of any police agency, including but not limited to stenographic, clerical, court security personnel, court security, and civil process personnel; D. Administrative employees while operating for or on behalf of any police agency, including crime prevention officers; and E. Members of the governing body, including but not limited to County Commissioners, City Council Members, Mayor, City Managers, Coroner and Humane Officers with respect to individuals identified in A, B, C and D above. Leased worker means a person leased to a Covered Party by a labor leasing firm under an agreement between the Covered Party and the labor leasing firm to perform duties related to the conduct of the Covered Party’s business. Leased worker does not include a Temporary Worker. Member(s) means the District(s), Agency(s), City(ies) or Entity(s) identified in the Declarations. Mobile Equipment means any type of land motor vehicle not legally subject to registration as a motor vehicle. Occurrence means an accident or event, including continuous, repeated, or related exposure to conditions, which results in Personal Injury or Property Damage neither expected nor intended from the standpoint of the Covered Party. All such exposure to substantially the same general conditions shall be deemed one Occurrence. Other Fire Incident means a conflagration which threatens to destroy life, property, or natural resources, and (a) is not burning within the confines of firebreaks, or (b) is burning with such intensity that it could not be readily extinguished, with ordinary tools commonly available, for a period greater than 24 hours. Overhead Electric Power Transmission Lines includes but is not limited to power carrying lines which carry electricity between generating stations and substations. Owned Auto means an Auto owned by the Member at the commencement of the Coverage period or acquired by the Member Liability Coverage Agreement 2023-24 Property/Liability Coverage Documents Page: 37 of 48 Tel 800-537-7790 Special District Risk Management Authority Fax 916-231-4111 Rev. 7/27/2023 www.sdrma.org during the Coverage period, provided that the Member notifies SDRMA within 30 days of its acquisition of ownership. Organic Pathogens means any: 1) bacteria; mildew, mold or other fungi; other microorganisms; or mycotoxins, spores or other by-products of any of the foregoing; 2) viruses or other pathogens (whether or not a microorganism); or 3) colony or group of any of the foregoing. Perfluoroalkyl or Polyfluoroalkyl Substances (“PFAS”) means any of the following: i. Perfluorooctanoic acid (“PFOA”), a chemical compound described as 1. C8HF15O2, 2. F-CF2-CF2-CF2-CF2-CF2-CF2-CF2-C(=O(O))-H, or 3. 2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-pentadecafluorooctanoic acid-PFOA; ii. Perfluorooctane sulfonic acid (“PFOS”), a chemical compound described as 1. C8HF17O3S, 2. F-CF2-CF2-CF2-CF2-CF2-CF2-CF2-CF2-S(=O(=O)(O))-H, or 3. 1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluorooctanesulfonic acid-PFOS; iii. Any PFAS replacement related materials, including but not limited to Gen-X, a chemical compound described as 1. C6H4F11NO3, 2. Ammonium perfluoro (2-methyl-3-oxahexanoate), 3. C3 Dimer Acid, 4. hexafluoropropylene oxide dimer acid, or 5. HFPO Dimer Acid; iv. PFOA or PFOS salts, PFAS-related compounds, or any substances which degrade to PFOA or PFOS; or v. Any PFAS, PFOA, or PFOS identified at any time as a Persistent Organic Pollutant (POP) in Annex A (Elimination), Annex B (Restriction), or Annex C (Unintentional production) in the Stockholm Convention on Persistent Organic Pollutants as ratified by the United States of America and administered by the United States Environmental Protection Agency (“USEPA”) Liability Coverage Agreement 2023-24 Property/Liability Coverage Documents Page: 38 of 48 Tel 800-537-7790 Special District Risk Management Authority Fax 916-231-4111 Rev. 7/27/2023 www.sdrma.org by whatever name manufactured, formulated, sold or distributed. Personal Injury includes the following: A. Bodily Injury; B. False arrest, detention or imprisonment; C. Malicious prosecution; D. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room, dwelling or premises that a person occupies, committed by or on behalf of its owner, landlord or lessor; E. Oral or written publication, in any manner, of material that slanders or libels a person or organization or disparages a person’s or organization’s goods, products or services; F. Oral or written publication, in any manner, of material that violates a person’s right of privacy; G. A publication including a publication placed on the internet or on similar electronic means of communication, or an utterance that slanders or libels a person or organization or violates a person's right of privacy or disparages a person's or organization's goods, products or services, except with respect to advertising, publishing, broadcasting or telecasting done by or for the Covered Party; H. Assault and battery not committed by, at the direction of, or with the consent of the Covered Party. However, this limitation does not apply if committed or directed for the purpose of protecting persons from injury or death, or property from damage; Any Personal Injury shall be deemed to occur at the time of the Occurrence or Auto Accident that caused it. Pollutants means any solid, liquid, gaseous, or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste material. Waste material, includes materials which are intended to be or have been recycled, reconditioned or reclaimed. Products Hazard means Personal Injury and Property Damage arising out of the Covered Party's products or reliance upon a representation or warranty with respect thereto, but only if the Personal Injury or Property Damage occurs away from premises owned by or rented to the Covered Party and after physical possession has been relinquished to others. Property Damage means: Liability Coverage Agreement 2023-24 Property/Liability Coverage Documents Page: 39 of 48 Tel 800-537-7790 Special District Risk Management Authority Fax 916-231-4111 Rev. 7/27/2023 www.sdrma.org A. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; B. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the Occurrence or Auto Accident that caused it; or C. Loss of, loss of use of, damage to, corruption of, inability to access, or inability to properly manipulate Electronic Data, resulting from physical injury to tangible property. All such loss of Electronic Data shall be deemed to occur at the time of the Occurrence or Auto Accident that caused it. Public Officials and Employees Errors and Omissions means any and all Wrongful Acts by a Covered Party arising from misfeasance, malfeasance or nonfeasance including any actual or alleged negligent action or inaction, mistake, misstatement, error, neglect, inadvertence, or omission by the Covered Party in the discharge of duties on behalf of the Covered Party. Nuclear, Biological, Chemical or Radioactive Terrorism means: A. Any actual, alleged or threatened exposure, release, dissemination, contamination, spreading by contagion, inhalation or absorption of biological and/or chemical substances caused by an act of terrorism; and/or B. Any actual, alleged or threatened nuclear reaction, explosion, radiation, or radioactive exposure, release or contamination caused by an act of terrorism. Sexual Harassment Incident means any actual or alleged negligent or intentional act, error or omission, amounting to or resulting in unwelcome sexual advances, requests for sexual favors or other conduct of a sexual nature actually or allegedly perpetrated upon a person by another person, or persons, acting in concert, which causes physical and/or mental injuries, where: A. The submission to or rejection of such conduct is made either explicitly or implicitly a condition of a person’s employment, or a basis for employment decisions affecting a person; or B. The conduct has the purpose of, or effect of interfering with a person’s work performance or creating an intimidating, hostile or offensive work environment. Liability Coverage Agreement 2023-24 Property/Liability Coverage Documents Page: 40 of 48 Tel 800-537-7790 Special District Risk Management Authority Fax 916-231-4111 Rev. 7/27/2023 www.sdrma.org Sexual Abuse or Molestation Incident means any actual or alleged negligent or intentional act, error or omission, amounting to or resulting in sexual abuse or molestation or threatened sexual abuse or molestation. A Sexual Abuse or Molestation Incident does NOT include a Sexual Harassment Incident. Suit means a civil lawsuit in a court of general jurisdiction in which Damages are alleged because of (1) Personal Injury or Property Damage, (2) one or more Wrongful Acts due to Public Officials Errors and Omissions, (3) one or more Employee Benefits Acts, Errors and Omissions, (4) one or more Wrongful Employment Practices, or any combination thereof, to which this coverage applies. Suit includes: A. An arbitration proceeding in which such Damages are claimed and to which the Covered Party must submit or does submit with SDRMA's consent; or B. Any other alternative dispute resolution proceeding in which such Damages are asserted and to which the Covered Party submits with SDRMA's consent. Temporary worker means a person who is furnished to a Covered Party to substitute for a permanent Employee on leave or to meet seasonal or short-term workload conditions. Total Loss Salvage Vehicle means a vehicle that has been wrecked, destroyed, or damaged to the extent that it has been considered uneconomical to repair by vehicle’s owner, lessor, lender, insurer, or risk financing entity, and as a consequence the vehicle is not repaired by or for the person who owned or leased the vehicle at the time of the event resulting in wreckage, destruction or damage. Ultimate Maximum Loss means the Ultimate Maximum Loss of SDRMA as set forth in the Declarations. Ultimate Net Loss means (1) the sums in excess of the Member Deductible as set forth in the Declarations, for which, after making deductions for all recoveries from valid and collectible insurance and other risk financing, the Covered Party(ies) is/are legally liable to pay as Damages by reason of either a judgment or a settlement made with the written consent of the claimant, the Covered Party and SDRMA, and (2) Defense costs incurred by SDRMA. However, SDRMA has no obligation to pay defense costs once the applicable limit of liability has been exhausted. Liability Coverage Agreement 2023-24 Property/Liability Coverage Documents Page: 41 of 48 Tel 800-537-7790 Special District Risk Management Authority Fax 916-231-4111 Rev. 7/27/2023 www.sdrma.org Uninsured Motor Vehicle means a land motor vehicle or trailer for which no liability bond or policy at the time of an accident provides at least the amounts required by the applicable law where a Covered Auto is principally garaged. Volunteer means any non-compensated individual who, pursuant to prearrangement with and under the general direction of the Member, performs a service for the Member. Watercraft means a vehicle designed for the transport of persons or property principally on water. Wildfire means any sweeping and destructive conflagration in a wilderness or a rural area that can also consume houses, buildings or other structures and agricultural resources (exclusive of the insured’s premises). The term Wildfire is also understood to include any Other Fire Incident. Wrongful Act means any actual or alleged negligent act, error or omission, including but not limited to those constituted by: A. Any violation of antitrust statutes; B. Any negligent ministerial act; C. Any faulty preparation or approval of maps, plans, reports, surveys, designs, or specifications. Wrongful Employment Practice means any act resulting in Damages to: A. Any person arising out of any: 1. refusal to employ that person; 2. termination of that person's employment, either actual or constructive; or 3. employment-related practices, acts or omissions such as coercion, demotion, evaluation, reassignment, discipline, retaliation, defamation, harassment, humiliation or discrimination directed at that person; B. The spouse, child, parent, brother or sister of that person as a consequence of loss to the person at whom any of the employment- related practices described in paragraph 1, 2, 3 above is directed. It is further agreed that Wrongful Employment Practice means: A. Any action relating to a past, present, or prospective Employee of the Member for or arising out of any actual or alleged wrongful dismissal, discharge or termination, either actual or constructive, of employment, employment related misrepresentation, wrongful discipline, failure to grant tenure or negligent employee evaluation; Liability Coverage Agreement 2023-24 Property/Liability Coverage Documents Page: 42 of 48 Tel 800-537-7790 Special District Risk Management Authority Fax 916-231-4111 Rev. 7/27/2023 www.sdrma.org sexual or workplace harassment of any kind, including, but not limited to, the alleged operation or maintenance of a harassing workplace environment, unlawful discrimination, whether direct, indirect, intentional or unintentional, failure to provide adequate employee policies and procedures; or abusive, hostile, offensive or other illegitimate conduct, including verbal abuse, derogatory remarks, insults, epitaphs, or other verbal or physical conduct which is threatening, intimidating or humiliating or amounts to the gratuitous sabotage or undermining of a person’s work performance. B. Any action brought under state, local, or federal law, whether common or statutory, including the following laws as amended as well as any regulation promulgated there under; 1. Americans with Disabilities Act of 1992(ADA); 2. Civil Rights Act of 1991; 3. Age Discrimination in Employment Act of 1967 (ADEA), including the Older Workers Benefit Protection Act of 1990; 4. Title VII of the Civil Rights Law of 1964, as amended (1993), including the Pregnancy Discrimination Act of 1978; 5. Civil Rights Act of 1866; and 6. Fifth and Fourteenth amendments of the U.S. Constitution. Wrongful Employment Practice does not include Employee Benefits, Acts, Errors and Omissions or any misrepresentations relating to salary, wages, compensation, benefits or Employee Benefit Plans. Any Wrongful Employment Practice must take place solely in or arise out of the conduct of the Covered Party's operations. XIV. Conditions A. Inspection and Audit: SDRMA shall be permitted but not obligated to inspect the Member’s real and personal property and operations at any time. Neither SDRMA's right to make inspections nor the making thereof nor any report thereon shall constitute an undertaking, on behalf of or for the benefit of the Member or others, to determine or warrant that such property or operations are safe. SDRMA may examine and audit the Member’s books and records at any time during the Coverage Period and extensions thereof and within three years after this Liability Coverage Agreement is no longer in effect, as far as they relate to the subject matter of this Coverage. B. Duties of Covered Party in the Event of an Occurrence, Auto Accident, Wrongful Act, Employee Benefits Act Error or Omission, a Wrongful Employment Practice, Claim or Suit or other circumstances or events one year limitation: Liability Coverage Agreement 2023-24 Property/Liability Coverage Documents Page: 43 of 48 Tel 800-537-7790 Special District Risk Management Authority Fax 916-231-4111 Rev. 7/27/2023 www.sdrma.org In the event of the happening of an Occurrence, Auto Accident, Wrongful Act, Employee Benefits Act, Error and Omission or Wrongful Employment Practice, written notice containing particulars sufficient to identify the Covered Party and also reasonably obtainable information with respect to the time, place and circumstances thereof, and the names, addresses and phone numbers of the injured and of available witnesses, shall be given by or for the Covered Party to SDRMA or any of its authorized agents as soon as practicable. If a Claim is made or Suit is brought against a Covered Party, the Covered Party shall immediately forward to SDRMA every demand, notice, summons, claim or other process received by the Covered Party Should a Covered Party fail to provide such notice within one year of the happening of or knowledge of the Occurrence, Auto Accident, Wrongful Act, Employee Benefit Act Error or Omission or Wrongful Employment Practice, no coverage will be afforded for any such Occurrence, Auto Accident, Wrongful Act, Employee Benefit Act Error or Omission or Wrongful Employment Practice under this Liability Coverage Agreement. The Covered Party shall cooperate with SDRMA and upon its request assist in making settlements, in the conduct of Suits and in enforcing any right of contribution or indemnity against any person or organization who may be liable to the Covered Party because of Personal Injury, Property Damage, Employee Benefits, Public Officials and Employees Errors and Omissions or Wrongful Employment Practices with respect to the Coverage afforded under this Liability Coverage Agreement; and the Covered Party shall attend hearings and trials and assist in securing and giving evidence and obtaining the attendance of witnesses. No Covered Party shall, except at its or their own cost, voluntarily make any payment, assume any obligation or incur any expense without SDRMA’s written consent. The Covered Party shall do nothing after the loss to impair SDRMA’s right of equitable or legal subrogation, contribution or indemnification against any other person or entity. The Member is responsible for payment to SDRMA of any co- payment, deductible or any retained limits upon presentation of such invoice from SDRMA. SDRMA, at its sole option and without the consent of the Covered Party, may investigate and/or settle any Claim or Suit within the Limits of Liability of this Liability Coverage Agreement. Liability Coverage Agreement 2023-24 Property/Liability Coverage Documents Page: 44 of 48 Tel 800-537-7790 Special District Risk Management Authority Fax 916-231-4111 Rev. 7/27/2023 www.sdrma.org Whenever the Covered Party has information from which the Covered Party may reasonably conclude that an Occurrence, Auto Accident, Wrongful Act, Employee Benefits Acts, Errors and Omissions, Wrongful Employment Practices Claim or Suit covered hereunder involves injuries or Damages for which the Covered Party could be held liable, or is likely to involve this Liability Coverage Agreement, notice shall be sent to the following address as soon as practicable, provided, however, that failure to give notice of an Occurrence, Auto Accident, Wrongful Act, Employee Benefits Acts, Errors and Omissions, Wrongful Employment Practices, Claim or Suit which at the time of its happening, did not appear to involve this Liability Coverage Agreement but which at a later date, would appear to give rise to a Claim or Suit hereunder, shall not prejudice such Claim or Suit. The address to send the notice specified in the preceding paragraph is: SPECIAL DISTRICT RISK MANAGEMENT AUTHORITY 1112 “I” Street, Suite 300 Sacramento, CA 95814 Tel 800.537.7790 Direct 916.231.4141 FAX 916.231.4111 In case of an Occurrence, Auto Accident, Wrongful Act, Employee Benefits Acts Error and Omissions or Wrongful Employment Practices, Claim or Suit, a Covered Party shall, upon request by SDRMA, perform the following duties: 1. Cooperate with and assist SDRMA in any matter relating to an Occurrence, Auto Accident, Wrongful Act, Employee Benefits Acts Error and Omissions or Wrongful Employment Practices, Claim or Suit. 2. Submit to and subscribe, outside the presence of any other Covered Party as often as SDRMA reasonably requires: a) statements; b) examinations under oath, and 3. Produce employees, officers, and directors of a Covered Party for statements and examinations under oath, upon request, to the extent it is within the Covered Party’s power to do so. 4. Provide SDRMA with original records and documents SDRMA requests and permit SDRMA to make copies. C. Legal Actions Against SDRMA: This Liability Coverage Agreement is subject to all of the terms and conditions of the “Arbitration” provision contained in the Memorandum of Coverages or successor documents thereto to which this Liability Coverage Agreement is attached as an exhibit. Liability Coverage Agreement 2023-24 Property/Liability Coverage Documents Page: 45 of 48 Tel 800-537-7790 Special District Risk Management Authority Fax 916-231-4111 Rev. 7/27/2023 www.sdrma.org Subject to the provisions of the Government Claims Act, California Government Code § 900 et seq., as a condition precedent to any right of action against SDRMA, any dispute between the Member or any other Covered Party and SDRMA regarding or arising out of the risk financing afforded under the terms of this Liability Coverage Agreement or the coverages provided pursuant thereto, including its formation or validity, or any transaction under the Coverage Agreements issued to the Member by SDRMA, or any dispute or claim of any nature arising from or related in any way to the relationships governed by the Coverage Agreements issued to the Member by SDRMA, whether arising before or after termination, shall be resolved by final and binding arbitration before a certified Arbitrator (affiliated with J.A.M.S., Two Embarcadero Center, Suite 1100, San Francisco, CA 94111), in accordance with its then existing applicable rules of practice and procedure and in accordance with the provisions of the California Code of Civil Procedure, Sections 1280, et seq. The arbitration shall be before a single neutral arbitrator selected jointly by SDRMA and the Member or other Covered Party. If SDRMA and the Covered Party do not agree on the identity of the Arbitrator, the Arbitrator will be appointed by J.A.M.S. Said arbitration shall take place in Sacramento, California unless the Member or other Covered Party and SDRMA jointly agree in writing to a different location. The Arbitrator shall have the power to determine all procedural rules for the holding of the Arbitration including but not limited to determining the arbitrability of claims, prehearing discovery, inspection of documents, examination of witnesses, etc. Both SDRMA and the Member or other Covered Party shall share equally in the cost of the Arbitration and shall otherwise bear their own costs and attorneys’ fees in connection with such Arbitration. Judgment upon any arbitration award may be entered in any court having jurisdiction thereof. Suit Against SDRMA Subject to the “Arbitration” provision, there will be no right of action against SDRMA under this Liability Coverage Agreement unless the Covered Party shall have complied with all of the terms and conditions of this Liability Coverage Agreement and the amount which the Covered Party owes has been determined either by actual trial and final judgment or by settlement with the written consent of SDRMA. Notwithstanding any other provision of law, any action against SDRMA for recovery of any sums claimed to be due under this Liability Coverage Agreement shall be filed within one year of the receipt of the written denial of the claim by SDRMA. If the written denial of the claim is appealed pursuant to the terms of the Liability Coverage Agreement, any action against SDRMA for recovery of any Liability Coverage Agreement 2023-24 Property/Liability Coverage Documents Page: 46 of 48 Tel 800-537-7790 Special District Risk Management Authority Fax 916-231-4111 Rev. 7/27/2023 www.sdrma.org sums claimed to be due under this Liability Coverage Agreement shall be filed within one year of the receipt by the Member or Covered Party of the written denial following the appeal. Any such action shall be venued in the Superior Court of California, County of Sacramento. Suits Brought By SDRMA Any suit or action of any kind relating to this Liability Coverage Agreement brought by SDRMA against any Member, shall be venued in the Superior Court for Sacramento, California (and in no other), and the Member hereby consents to the jurisdiction of said court. D. Concealment of Fraud: This entire Liability Coverage Agreement is void, and no coverage is available for any Covered Party if any Covered Party has knowingly and willfully concealed or misrepresented any material fact or circumstance relating to this Liability Coverage Agreement or any Claim arising thereunder before or after the Occurrence or Suit giving rise to the Claim. E. Bankruptcy and Insolvency: Bankruptcy or insolvency of the Covered Party shall not reduce or limit SDRMA of any of the obligations hereunder. F. Available Insurance: The coverages provided by this Liability Coverage Agreement shall apply only in excess of any insurance available to any Covered Party including through its participation with another Joint Powers Authority whether or not it is properly formed under California Government Code §§ 6500 et seq. In addition, the coverage provided by this Liability Coverage Agreement shall apply only in excess of any other coverage or benefits provided by self-insurance arrangements, pools, self- insurance trusts, captive insurance companies, retention groups, reciprocal exchanges, or any other plan or agreement of risk transfer or assumption. G. Recovery of Sums Paid: SDRMA has the right, on behalf of any Covered Party, to seek recovery of sums paid pursuant to this Liability Coverage Agreement on behalf of the Covered Party. In seeking such a recovery, SDRMA shall be acting as the designated representative of that Covered Party. All rights of recovery shall remain with the Covered Party such that there is no automatic assignment or transfer of the original claim. However, at SDRMA’s request, the Covered Party shall assign their rights of recovery to SDRMA. All sums recovered under this provision, regardless of whether the Covered Party has assigned its rights to SDRMA or not, Liability Coverage Agreement 2023-24 Property/Liability Coverage Documents Page: 47 of 48 Tel 800-537-7790 Special District Risk Management Authority Fax 916-231-4111 Rev. 7/27/2023 www.sdrma.org shall be first applied to reimburse SDRMA for payments paid pursuant to this Liability Coverage Agreement. H. Changes: Notice to any agent or knowledge possessed by any agent or by any other person shall not effect a waiver or change in any part of this Liability Coverage Agreement or estop SDRMA from asserting any right under the terms of this Liability Coverage Agreement, nor shall the terms of this Liability Coverage Agreement be waived or changed, except by endorsement issued to form a part of this Liability Coverage Agreement. I. Assignment: Assignment of interest under this Liability Coverage Agreement shall not bind SDRMA unless such consent is given in writing. J. Notices: The Member named in the Declarations is authorized to act on behalf of itself and all other Covered Parties or Covered Individuals with respect to the giving and receiving of any notices under this Liability Coverage Agreement. However, SDRMA shall only be obligated to furnish to the Member notices required or authorized under this Liability Coverage Agreement. K. Appeal: If your claim is denied, you have the right to file a written appeal within 60 days of the date of the written denial. Your appeal must be submitted in writing and should include the reason(s) why you disagree with the denial, along with documentation supporting your appeal. L. Consent of SDRMA for Acceptance by a Covered Party of a claim/late claim: Absent the written consent of SDRMA, no Covered Party may accept a claim submitted under the Government Claims Act. Absent the written consent of SDRMA, no Covered Party may accept an application to present a late claim submitted pursuant to Government Code § 911.4 unless the mandatory acceptance procedures of Government Code § 911.6(b) are determined by the Board of the Covered Party to be applicable. M. Voluntary Payments: The Covered Party shall not, except at their own expense, voluntarily make any payment, assume any obligation, or incur any expense, other than for first aid, without the written consent of SDRMA. Liability Coverage Agreement 2023-24 Property/Liability Coverage Documents Page: 48 of 48 Tel 800-537-7790 Special District Risk Management Authority Fax 916-231-4111 Rev. 7/27/2023 www.sdrma.org EXECUTION IN WITNESS WHEREOF this Liability Coverage Agreement has been executed by Special District Risk Management Authority on the date shown below, for the period shown in the Declarations attached hereto. SPECIAL DISTRICT RISK MANAGEMENT AUTHORITY (SDRMA) Signed by: ___ _________________________________ __July 1, 2023__ Brian Kelley, MBA, ARM Date Chief Executive Officer 11. PROPERTY PROGRAM Declarations – Property Coverage 2023-24 Property/Liability Coverage Documents Property: 1 of 7 Tel 800.537.7790 Special District Risk Management Authority Fax 916.231.4111 Rev. 08/01/2023 www.sdrma.org MEMBER COVERED:Costa Mesa Sanitary District 290 Paularino Avenue Costa Mesa, California 92626 Your District/Agency/City has elected to participate in the risk financing coverage programs described below as “THE PACKAGE PROGRAM” and in such other programs as are indicated herein. These DECLARATIONS together with the Memorandum of Coverage, the Public Entity Property Insurance Program Policy attached as Exhibit B, the terms and conditions of the Sixth Amended and Restated Joint Powers Agreement and Bylaws, or successor documents thereto, constitute the entire agreement concerning risk- financing coverage between the Special District Risk Management Authority and your District/Agency/City. Please read the Sixth Amended and Restated Joint Powers Agreement and Bylaws of the Special District Risk Management Authority (hereinafter “SDRMA”), or successor documents thereto, together with the Memorandum of Coverages, hereinafter referred to as the “Memorandum” and the policies attached as Exhibits, to ascertain all of your District's/Agency's/City’s rights and obligations regarding its relationship with the Special District Risk Management Authority. COVERAGE PERIOD: July 1, 2023 at 12:01 a.m. to July 1, 2024 12:01 a.m. COVERAGES & LIMITSSUMMARY:Blanket Buildings and Contents owned by the Member, or for which the Member is responsible to insure, per occurrence at locations reported to SDRMA prior to loss, to which this coverage applies. Except for Mobile/Contractor’s Equipment, replacement cost, if replaced, but if not replaced within three years after the loss, the loss will be paid on an actual cash value basis, subject to the terms, conditions, deductibles and exclusions as provided in the Memorandum, and subject further to the terms, conditions and exclusions of the excess policy Exhibits. With respect to Mobile/Contractor’s Equipment, SDRMA will pay up to the actual cash value. (Earthquake Sprinkler Leakage Coverage (EQSL), and Electrical pole, overhead conductor/transformer coverage and Earthquake or Differences in Conditions (DIC) coverage are provided, subject to specifically reported values, certain sub-limits, aggregates, and separate deductibles, and apply only to those Members who have selected these coverage(s), have paid the applicable additional contribution, and received the specific endorsement from SDRMA for these coverage(s)). Earthquake Shock is not covered per occurrence or in the annual aggregate. Declarations – Property Coverage 2023-24 Property/Liability Coverage Documents Property: 2 of 7 Tel 800.537.7790 Special District Risk Management Authority Fax 916.231.4111 Rev. 08/01/2023 www.sdrma.org Upgrade to Green Coverage is not covered. Communicable Disease are not covered. Unscheduled property, including locations, structures, contetns and personal property, whether owned or operated by or rented or loaned to a Covered Party are not covered notwithstanding the terms of the policy(ies) contained in Exhibit B. Please refer to the exclusions as per the terms of the Exhibit B. NOTE 1: AS RESPECTS TO PROPERTY LOSS COVERAGE, ABOVE: The coverage for property loss as provided in this part, is furnished by a combination of coverages under these DECLARATIONS, the accompanying Memorandum, and the coverage under the policy(ies) contained in Exhibit B. COVERAGES & LIMITS:$1,000,000,000 Per Occurrence: All Perils, Coverages and Members combined, subject to the following per occurrence and/or aggregate sub-limits as noted. $ 10,000,000 Flood Limit - Per Occurrence and in the Annual Aggregate (for those Member(s) that purchase this optional dedicated coverage) $ 10,000,000 Per Occurrence and in the Annual Aggregate for scheduled locations in Flood Zone A, V, and all other 100 year exposures. This Sublimit does not increase the specific flood limit of liability for those Member(s) that purchase this optional dedicated coverage. COVERAGES & LIMITS SUMMARY: (continued) $100,000,000 Combined Business Interruption, Rental Income and Tax Interruption and Tuition Income (and related fees) – except $500,000 per Member subject to maximum of $2,500,000 Per Occurrence, Per Declaration for Business Interruption, Rental Income and Tuition Income combined. Coverage for power generating plants is excluded, unless otherwise specified. $ 3,000,000 Tax Revenue Interruption – Per Policy Provisions. However, if specific values for such coverage have not been reported as part of the Named Insured’s schedule of values held on file with Alliant Insurance Services, Inc. and SDRMA, this sublimit amount is limited to $1,000,000 Per Occurrence – Per Policy Provisions. $ 50,000,000 Extra Expense With respect to Power Generating Facilities, Extra Expense shall also include any extra expense incurred resulting from the purchase of electrical power from Declarations – Property Coverage 2023-24 Property/Liability Coverage Documents Property: 3 of 7 Tel 800.537.7790 Special District Risk Management Authority Fax 916.231.4111 Rev. 08/01/2023 www.sdrma.org any other power source, the coverage provided hereunder is sub-limited to USD as per Declaration Page. However, loss of Bonus Capacity Payments, performance Guarantee penalties or any other indirect or remote loss of whatever nature are not covered. $ 50,000,000 Or the policy limit if it is less than $50,000,000, Automatic Acquisition for 120 days except: - $25,000,000 Automatic Acquisition for 90 days for new Members; - $25,000,000 Automatic Acquisition for 90 days for Vacant properties; - $10,000,000 Automatic Acquisition for 120 days for Licensed Vehicles; - $2,500,000 Automatic Acquisition for 60 days for additional property and/or interests in Tier 1 Wind Counties, Parishes and Independent Cities for the states of Virginia, North Carolina, South Carolina, Georgia, Alabama, Mississippi, Lousiana, Texas and/or situated anywhere within the states of Florida and Hawaii; - The peril of Earthquake is excluded for the states of Alaska and California; - If Flood coverage is purchased for all scheduled locations, this extension will extend to include Flood coverage for any location not situated in Flood Zones A or V. $ 5,000,000 Or 110% of the scheduled values, whichever is greater, for Scheduled Landscaping, tees, sand traps, greens and athletic fields and further subject to $25,000 / 25 gallon maximum per item. $ 5,000,000 Or 120% of the scheduled values, whichever is less, for for Scheduled Landfills $ 50,000,000 Errors & Omissions $ 25,000,000 Course of Construction and Additions (including new) for projects with completed values not exceeding the sublimit shown. Projects valued greater than $15,000,000 require underwriting approval and a premium charge. $ 500,000 Money & Securities for named perils only as Declarations – Property Coverage 2023-24 Property/Liability Coverage Documents Property: 4 of 7 Tel 800.537.7790 Special District Risk Management Authority Fax 916.231.4111 Rev. 08/01/2023 www.sdrma.org referenced within the policy, however fraudulent impersonation fraudulent instruction or similar events are excluded. $ 250,000 Accidental Contamination per occurrence and annual aggregate per member with $500,000 annual aggregate for all Members. Coverage shall not attach or become insurance upon any property which at the time of loss is more specifically described and covered under any other policy form until the liability of such other insurance has first been exhausted and shall then cover only the excess of value of such property over and above the amount payable under such other insurance, whether collectible or not. COVERAGES & LIMITS SUMMARY: (continued) $ 50,000,000 Increased Cost of Construction due to the enforcement of building codes/ordinance or law (includes All Risk and B & M) except $2,500,000 for vacant properties. $ 25,000,000 Transit Physical Damage only $ 25,000,000 Off Premises Services Interruption including Extra Expense resulting from a covered peril at non- owned/operated locations $ 5,000,000 Per Occurrence per Member subject to an Annual Aggregate of $10,000,000 for Earthquake shock on Licensed Vehicles, Unlicensed Vehicles, Contractor's Equipment and Fine Arts for all Insureds/Members in this declaration combined that do not purchase Earthquake coverage, and/or where specific values for such items are not covered for optional dedicated Earthquake coverage as part of SDRMA’s schedule of values held on file with SDRMA. For Contractor’s Equipment Coverage, the Company identified in Exhibit B will pay up to the actual cash value only, not replacement cost. $ 5,000,000 Per Occurrence per Member subject to an Annual Aggregate of $10,000,000 for Flood on Licensed Vehicles, Unlicensed Vehicles, Contractor's Equipment and Fine Arts for all Insureds/Members in this declaration combined that do not purchase Flood coverage. For Contractor’s Equipment Coverage, the Company identified in Exhibit B will pay up to the actual cash value only, not replacement cost. $ 3,000,000 Contingent Business Interruption, Contingent Extra Expense, Contingent Rental Values, and Contingent Tuition Income separately. This coverage applies to the Member’s direct Declarations – Property Coverage 2023-24 Property/Liability Coverage Documents Property: 5 of 7 Tel 800.537.7790 Special District Risk Management Authority Fax 916.231.4111 Rev. 08/01/2023 www.sdrma.org suppliers or direct customers located in the Coverage Territory. Coverage does not apply to: a. Any supplier of electricity, gas, fuel, steam, water, refrigeration, sewerage service, Cloud Computing Service or data, voice or video service; or b. The Member’s customers, if the Member is a supplier of electricity, gas, fuel, steam, water, refrigeration, sewerage service, Cloud Computing Service or data, voice or video service. $ 500,000 Jewelry, Furs, Precious Metals and Precious Stones Separately $ 1,000,000 Claims Preparation Expenses $ 50,000,000 Expediting Expenses $ 1,000,000 Personal Property Outside of the USA (including associated Business Interruption) $ 100,000,000 Per Member per occurrence subject to $200,000,000 Annual Aggregate combined as respects Property Damage, Business Interruption, Rental Income and Extra Expense Combined for Terrorism (Primary Layer) $ 600,000,000 Per Occurrence, Per Member for Terrorism (Excess Layer) $ 1,400,000,000 Annual Aggregate shared by all Members combined as respects Property Damage, Business Interruption, Rental Income and Extra Expense combined for Terrorism (Excess Layer) $ 100,000 Per Occurrence while in Storage and In Transit coverage subject to $10,000 Deductible for Unmanned Aircraft as more fully defined in the Policy. Not Covered while in Flight. $ 100,000 Per Occurrence with a $1,000,000 Annual Aggregate per Declaration for Mold/Fungus Resultant Damage as more fully defined in the policy. $ 100,000,000 Ingress/Egress Per Occurrence, Per Named Insured for the actual loss sustained during the period of time not exceeding 30 days when, as a direct result of physical loss or damage caused by a covered peril(s) specified by this Policy and occurring at property located within a 10 mile radius of covered property, Declarations – Property Coverage 2023-24 Property/Liability Coverage Documents Property: 6 of 7 Tel 800.537.7790 Special District Risk Management Authority Fax 916.231.4111 Rev. 08/01/2023 www.sdrma.org ingress to or egress from the covered property by this Policy is prevented. 24 Hour Waiting Period for Ingress/Egress $ 100,000,000 Interruption By Civil Authority Per Occurrence, Per Named Insured for the actual loss sustained during the period of time not exceeding 30 days when, as a direct result of physical loss or damage caused by a covered peril(s) specified by this Policy and occurring at property located within a 10 mile radius of covered property, access to the covered property is specifically prohibited by order of a civil authority. 24 Hour Waiting Period for Civil Authority $ 10,000,000 Electronic Data Processing Media MEMBER DEDUCTIBLES:For all covered losses except those specific types of losses listed below or losses due to the perils listed below, a deductible of $1,000 is applicable. For all covered losses of the types listed below or losses due to the perils listed below, the deductible set forth in the excess policy(ies) apply. Such deductible shall be exclusively the obligation of the Member and SDRMA shall have no obligation to fulfill or otherwise contribute toward satisfying said deductibles. Earthquake Shock is not covered. $ 500,000 Per Occurrence for Flood Zones A & V $ 500,000 All Flood Zones Per Occurrence excluding Flood Zones A & V $ 1,000 Per Occurrence for Specially Trained Animals $ 10,000 Per Minimum subject to $100,000 Maximum per Vehicle or Item for Licensed Vehicles, Unlicensed Vehicles and Contractors Equipment Per Occurrence and Annual Aggregate and shared by all Members of this Declaration for the peril of Earthquake for Members who do not purchase dedicated Earthquake limits. For Contractor’s Equipment Coverage, the Company identified in Exhibit B will pay up to the actual cash value, not replacement cost. $ 50,000 Per Occurrence and Annual Aggregate and shared by all Members of this Declaration for Fine Arts for the peril of Earthquake for members who do not purchase dedicated Earthquake limits $ 10,000 Per Minimum subject to $100,000 Maximum per Vehicle or Item for Licensed Vehicles, Unlicensed Vehicles and Contractors Equipment Per Occurrence and Annual Aggregate and shared by all Members of this Declaration for the peril of Flood for Members Declarations – Property Coverage 2023-24 Property/Liability Coverage Documents Property: 7 of 7 Tel 800.537.7790 Special District Risk Management Authority Fax 916.231.4111 Rev. 08/01/2023 www.sdrma.org who do not purchase dedicated Flood limits. For Contractor’s Equipment Coverage, the Company identified in Exhibit B will pay up to the actual cash value, not replacement cost. $ 50,000 Per Occurrence and Annual Aggregate and shared by all Members of this Declaration for Fine Arts for the peril of Flood for Members who do not purchase dedicated Flood limits $ 500,000 Per Occurrence for Primary Terrorism $ 500,000 Per Occurrence for Excess Terrorism (applies only if the Primary Terrorism Limit is exhausted) WITH RESPECT TO EXCESS LAYER FOR TERRORISM: The maximum limits of liability for all SDRMA Covered Parties due to an Occurrence, shall not exceed $1,100,000,000, and an annual aggregate of $1,400,000,000. 24 Hour Waiting Period for Service Interruption for All Perils and Coverages 2.5% of Annual Tax Value per Location for Tax Interruption $ 500,000 Per Occurrence for CAT Losses (Excluding Flood and Earthquake) as defined by meeting the following trigger: Property Claims Service (PCS) declaration of a numbered catastrophic event and the event is declared a CAT Loss by FEMA and/or OES. However, if FEMA and/or OES does not classify the event as a CAT loss, the Member’s current property deductible will apply. This information is provided as a general description only, and is not intended to supersede specific policy documents. In the event of a conflict in language, the policy(ies) will be the controlling document. 9248060.1 12. BOILER MACHINERY PROGRAM Declarations – Boiler and Machinery Coverage 2023-24 Property/Liability Coverage Documents Boiler & Machinery: 1 of 3 Tel 800.537.7790 Special District Risk Management Authority Fax 916.231.4111 Rev. 08/01/2023 www.sdrma.org MEMBER COVERED:Costa Mesa Sanitary District 290 Paularino Avenue Costa Mesa, California 92626 Your District/Agency/City has elected to participate in the risk financing coverage programs described below as “THE PACKAGE PROGRAM” and in such other programs as are indicated herein. These DECLARATIONS together with the Memorandum of Coverage, the Public Entity Property Insurance Program Policy attached as Exhibit B, the terms and conditions of the Sixth Amended and Restated Joint Powers Agreement and Bylaws, or successor documents thereto, constitute the entire agreement concerning risk-financing coverage between the Special District Risk Management Authority and your District/Agency/City. Please read the Sixth Amended and Restated Joint Powers Agreement and Bylaws of the Special District Risk Management Authority (hereinafter “SDRMA”), or successor documents thereto, together with the Memorandum of Coverages, hereinafter referred to as the “Memorandum” and the policy(ies) attached as Exhibit(s), to ascertain all of your District's/Agency's/City’s rights and obligations regarding its relationship with the Special District Risk Management Authority. COVERAGE PERIOD:Jul 01, 2024 at 12:01 a.m. to Jul 01, 2025 at 12:01 a.m. COVERAGES & LIMITS SUMMARY $100,000,000 Blanket Limit for sudden and accidental breakdown of Fired and Unfired Pressure Vessels, Boilers, Heating, Air Conditioning, Machinery and Equipment, per occurrence at locations reported to SDRMA prior to the loss, to which this coverage applies. Coverage includes cost of repair or replacement, subject to the terms, conditions, deductibles and exclusions as provided in the Memorandum, and subject further to the terms, conditions, applicable Member deductibles per claim, and exclusions of the excess policy(ies) contained in Exhibit B. NOTE 1: AS RESPECTS TO BOILER AND MACHINERY COVERAGE, ABOVE: Coverage under the Boiler and Machinery program is furnished solely by the insurance policy(ies) referred to herein. SDRMA bears no part of the risk of loss under the Boiler and Machinery Coverage and all deductibles specified in the policy(ies) referred to herein, are the responsibility of the Member. Declarations – Boiler and Machinery Coverage 2023-24 Property/Liability Coverage Documents Boiler & Machinery: 2 of 3 Tel 800.537.7790 Special District Risk Management Authority Fax 916.231.4111 Rev. 08/01/2023 www.sdrma.org COVERAGES & LIMITS SUMMARY: (continued)Boiler Explosion and Machinery Breakdown, Combined Property Damage and Business Interruption/Extra Expense (Including Bond Revenue Interest Payments where Values Reported and excluding Business Interruption for power generating facilities unless otherwise specified). Limit includes loss adjustment agreement and electronic computer or electronic data processing equipment with the following sub-limits: Included Jurisdictional and Inspection Services Included Per Occurrence for Consequential Damage/Perishable Goods/Spoilage $10,000,000 Per Occurrence for Consequential Damage/Perishable Goods/Spoilage $10,000,000 Per Occurrence for Electronic Data Processing Media and Data Restoration $2,000,000 Per Occurrence, Per Member and in the Annual Aggregate for Earthquake Resultant Damage for Members who purchase Dedicated Earthquake Coverage $10,000,000 Per Occurrence for Hazardous Substances/Pollutants/Decontamination Included Per Occurrence for Machine or Apparatus used for Research, Diagnosis, Medication, Surgical, Therapeutic, Dental or Pathological Purposes NEWLY ACQUIRED LOCATIONS: $25,000,000 Automatic Acquisition for Boiler & Machinery values at newly acquired locations. Values greater than $25,000,000 or Power Generating Facilities must be reported within 120 days and must have prior underwriting approval prior to binding MEMBER DEDUCTIBLE(S):For all specific covered types of losses listed above, a deductible of $1,000 is applicable. For all covered losses of the types listed below or losses due to the perils or objects listed below, the deductible set forth in the excess policy(ies) apply. Such deductible shall be exclusively the obligation of the Member and SDRMA shall have no obligation to fulfill or otherwise contribute toward satisfying said deductibles. EXCLUSIONS:Please refer to the exclusions as per the terms of the Exhibit B Declarations – Boiler and Machinery Coverage 2023-24 Property/Liability Coverage Documents Boiler & Machinery: 3 of 3 Tel 800.537.7790 Special District Risk Management Authority Fax 916.231.4111 Rev. 08/01/2023 www.sdrma.org OBJECTS EXCLUDED: (including but not limited to):  Insulating or refractory material  Buried Vessels or Piping Specific Objects or Perils Member Deductible: $ 25,000 Except as shown for Specific Objects or Perils $ 25,000 Electronic Data Processing Media $ 25,000 Consequential Damage $ 25,000 Objects over 200 hp, 1,000 KW/KVA/Amps or Boilers over 5,000 square feet of heating surface $ 50,000 Objects over 350 hp, 2,500 KW/KVA/Amps or Boilers over 10,000 square feet of heating surface $ 100,000 Objects over 500 hp, 5,000 KW/KVA/Amps or Boilers over 25,000 square feet of heating surface $ 250,000 Objects over 750 hp, 10,000 KW/KVA/Amps or Boilers over 75,000 square feet of heating surface $ 350,000 Objects over 25,000 hp, 25,000 KW/KVA/Amps or Boilers over 250,000 square feet of heating surface $10 per foot / $2,500 minimum Deep-Water Well 24 Hours - Business Interruption/Extra Expense except as noted below 30 Days - Business Interruption – Revenue Bond 24 Hour Waiting Period - Utility Interruption 5 x 100% of Daily Value - Business Interruption – All Objects over 750 hp or 10,000 KW/KVA/Amps or 10,000 Square feet Heating Surface 5 x 100% of Daily Value - Business Interruption – All Objects at Waste Water Treatment Facilities and All Utilities This information is provided as a general description only, and is not intended to supersede specific policy documents. In the event of a conflict in language, the policy(ies) will be the controlling document. 8533100.1 13. EXHIBIT B PROPERTY/BOILER MACHINERY 2023-24 Property/Liability Coverage Documents T. 800-537-7790 Special District Risk Management Authority F. 916-231-4111 Rev. 08/1/2023 www.sdrma.org Property and Boiler & Machinery Coverage Exhibit B PEPIP USA – Form 19 Policy No. APIP2023 (Declaration 32) PEPIP USA FORM No. 19 MASTER POLICY WORDING COVERAGE INCEPTION JULY 1, 2023 TO JULY 1, 2024 Public Entity Property Insurance Program (PEPIP) Form No.19 TABLE OF CONTENTS Page SECTION I ............................................................................................................................................................ 1 GENERAL PROVISIONS ................................................................................................................................... 1 A. INSURING AGREEMENT ......................................................................................................................... 1 B. NAMED INSURED ..................................................................................................................................... 1 C. MAILING ADDRESS OF NAMED INSURED ......................................................................................... 1 D. POLICY PERIOD ......................................................................................................................................... 1 E. LIMITS OF LIABILITY .............................................................................................................................. 1 F. OPTIONAL COVERAGE PARTICIPATION ............................................................................................ 3 G. DEDUCTIBLE PROVISIONS .................................................................................................................... 4 H. UNIT OF INSURANCE DEFINED ............................................................................................................ 4 I. PRIORITY OF PAYMENTS .................................................................................................................... 4 SECTION II .......................................................................................................................................................... 6 PROPERTY DAMAGE ....................................................................................................................................... 6 A. COVERAGE ................................................................................................................................................. 6 B. EXTENSIONS OF COVERAGE ................................................................................................................ 6 1. PERSONAL EFFECTS ............................................................................................................................................................. 6 2. PROPERTY IN COURSE OF CONSTRUCTION AND ADDITIONS ............................................................................................. 6 3. FIRE FIGHTING EXPENSES.................................................................................................................................................... 7 4. OFF PREMISES SERVICES INTERRUPTION ............................................................................................................................ 7 5. ARCHITECTS AND ENGINEERS FEES .................................................................................................................................... 7 6. CLAIM PREPARATION EXPENSES ......................................................................................................................................... 8 7. EXPEDITING EXPENSES ........................................................................................................................................................ 8 8. DEBRIS REMOVAL ............................................................................................................................................................... 8 9. BUILDING LAWS .................................................................................................................................................................. 8 10. DEMOLITION COST .............................................................................................................................................................. 8 11. INCREASED COST OF CONSTRUCTION ................................................................................................................................ 9 12. ERRORS AND OMISSIONS .................................................................................................................................................... 9 13. ANIMALS ............................................................................................................................................................................. 9 14. VALUABLE PAPERS .............................................................................................................................................................. 9 15. TRANSIT ............................................................................................................................................................................ 10 16. VEHICLES WHILE ON INSURED PREMISES ......................................................................................................................... 10 17. ASBESTOS CLEAN UP AND REMOVAL ............................................................................................................................... 10 18. PROTECTION AND PRESERVATION OF PROPERTY ............................................................................................................ 11 19. LEASEHOLD INTEREST ....................................................................................................................................................... 11 20. AUTOMATIC ACQUISITION ................................................................................................................................................ 12 21. MISCELLANEOUS UNNAMED LOCATIONS ......................................................................................................................... 13 22. ACCIDENTAL CONTAMINATION ........................................................................................................................................ 13 C. PROPERTY NOT COVERED .................................................................................................................. 14 D. LOSS PAYMENT BASIS / VALUATION .............................................................................................. 14 SECTION III ...................................................................................................................................................... 18 BUSINESS INTERRUPTION, EXTRA EXPENSE, RENTAL INCOME, TAX REVENUE INTERRUPTION AND TUITION INCOME .................................................................................................. 18 A. COVERAGE .............................................................................................................................................. 18 1. BUSINESS INTERRUPTION ................................................................................................................................................. 18 2. EXTRA EXPENSE ................................................................................................................................................................. 19 B. EXTENSIONS OF COVERAGE ............................................................................................................. 19 1. INGRESS / EGRESS ............................................................................................................................................................. 19 2. INTERRUPTION BY CIVIL AUTHORITY ................................................................................................................................ 19 3. DEMOLITION AND INCREASED TIME TO REBUILD ............................................................................................................ 19 4. CONTINGENT TIME ELEMENT COVERAGE ........................................................................................................................ 20 5. TAX REVENUE INTERRUPTION .......................................................................................................................................... 20 6. EXTENDED PERIOD OF INDEMNITY ................................................................................................................................... 21 7. EXPENSES TO REDUCE LOSS .............................................................................................................................................. 21 C. EXCLUSIONS ........................................................................................................................................... 21 2 Public Entity Property Insurance Program (PEPIP) Form No.19 D. CONDITIONS APPLICABLE TO THIS SECTION ............................................................................... 22 E. DEFINITIONS ........................................................................................................................................... 22 1. GROSS EARNINGS ............................................................................................................................................................. 22 2. MERCHANDISE .................................................................................................................................................................. 22 3. EXTRA EXPENSE ................................................................................................................................................................. 22 4. RENTAL VALUE .................................................................................................................................................................. 23 5. PERIOD OF RESTORATION ................................................................................................................................................. 23 6. CLOUD COMPUTING SERVICE ........................................................................................................................................... 23 SECTION IV ...................................................................................................................................................... 24 GENERAL CONDITIONS ............................................................................................................................... 24 A. PERILS COVERED .................................................................................................................................. 24 B. EXCLUSIONS ........................................................................................................................................... 24 C. STATUTES ................................................................................................................................................ 29 D. TERRITORIAL LIMITS ........................................................................................................................... 29 E. REINSTATEMENT .................................................................................................................................. 29 F. FREE ON BOARD (F.O.B.) SHIPMENTS ............................................................................................. 29 G. BREACH OF CONDITIONS ................................................................................................................... 29 H. PERMITS AND PRIVILEGES ................................................................................................................. 30 I. PROTECTIVE SAFEGUARDS ............................................................................................................... 31 J. NO BENEFIT TO BAILEE ...................................................................................................................... 31 K. NOTICE OF LOSS .................................................................................................................................... 31 L. ARBITRATION OF VALUE ................................................................................................................... 31 M. PROOF OF LOSS ...................................................................................................................................... 31 N. SETTLEMENT OF LOSS ......................................................................................................................... 32 O. SUBROGATION ....................................................................................................................................... 32 P. CANCELLATION ..................................................................................................................................... 32 Q. ABANDONMENT .................................................................................................................................... 32 R. ASSIGNMENT .......................................................................................................................................... 33 S. SALVAGE ................................................................................................................................................. 33 T. OTHER INSURANCE .............................................................................................................................. 33 U. EXCESS INSURANCE ............................................................................................................................. 33 V. RIGHT TO REVIEW RECORDS FOLLOWING AN INSURED LOSS ............................................... 33 W. CONCEALMENT AND FRAUD ............................................................................................................. 34 X. FULL WAIVER ......................................................................................................................................... 34 Y. SUIT AGAINST COMPANY ................................................................................................................... 34 Z. JOINT LOSS ADJUSTMENT – BOILER AND MACHINERY ............................................................ 34 AA. JOINT LOSS ADJUSTMENT – EXCESS PROPERTY ......................................................................... 35 AB. LENDER’S LOSS PAYABLE .................................................................................................................. 36 AC. SEVERAL LIABILITY NOTICE ............................................................................................................. 37 AD. LOSS PAYABLE PROVISIONS ............................................................................................................. 37 AE. LOSS ADJUSTMENT SERVICES .......................................................................................................... 39 AF. SERVICE OF SUIT CLAUSE (USA) APPLICABLE TO EXCESS CARRIERS ................................. 39 AG. DEFINITIONS ........................................................................................................................................... 40 1. OCCURRENCE .................................................................................................................................................................... 40 a. Windstorm ........................................................................................................................................................................ 40 b. Flood ................................................................................................................................................................................. 41 c. Flood Zone A and V ......................................................................................................................................................... 41 d. Earthquake Shock ............................................................................................................................................................. 41 2. PERSONAL PROPERTY OF OTHERS .................................................................................................................................... 42 3. IMPROVEMENTS AND BETTERMENTS .............................................................................................................................. 42 4. INSURED LOCATION(S) means: ......................................................................................................................................... 42 5. VALUABLE PAPERS AND RECORDS .................................................................................................................................... 43 6. TIER I WINDSTORM COUNTIES ......................................................................................................................................... 43 7. TIER 2 WINDSTROM COUNTIES ........................................................................................................................................ 44 AH. REPORTING CONDITIONS ................................................................................................................... 44 3 Public Entity Property Insurance Program (PEPIP) Form No.19 AI. ADDITIONAL INSURED’S / LOSS PAYEES ....................................................................................... 45 SECTION V ....................................................................................................................................................... 46 FINE ARTS ........................................................................................................................................................ 46 A. COVERAGE .............................................................................................................................................. 46 1. PROPERTY COVERED ......................................................................................................................................................... 46 2. “WALL TO WALL” (“NAIL TO NAIL”) COVERAGE ............................................................................................................... 46 B. EXCLUSIONS ........................................................................................................................................... 46 C. LOSS PAYMENT BASIS / VALUATION .............................................................................................. 47 D. SPECIAL CONDITIONS .......................................................................................................................... 48 SECTION VI ...................................................................................................................................................... 50 CONTRACTORS EQUIPMENT ...................................................................................................................... 50 A. COVERAGE .............................................................................................................................................. 50 B. PERILS EXCLUDED ............................................................................................................................... 50 C. PROPERTY EXCLUDED ........................................................................................................................ 51 D. LOSS PAYMENT BASIS / VALUATION .............................................................................................. 51 E. SPECIAL CONDITIONS .......................................................................................................................... 52 SECTION VII .................................................................................................................................................... 53 ACCOUNTS RECEIVABLE ............................................................................................................................ 53 A. COVERAGE .............................................................................................................................................. 53 B. EXCLUSIONS ........................................................................................................................................... 53 C. LOSS PAYMENT BASIS / VALUATION .............................................................................................. 53 D. DEFINITIONS: .......................................................................................................................................... 54 SECTION VIII ................................................................................................................................................... 55 UNMANNED AIRCRAFT ............................................................................................................................... 55 A. COVERAGE .............................................................................................................................................. 55 B. PERILS EXCLUDED ............................................................................................................................... 55 C. PROPERTY EXCLUDED ........................................................................................................................ 56 D. LOSS PAYMENT BASIS / VALUATION .............................................................................................. 56 E. SPECIAL CONDITIONS .......................................................................................................................... 56 F. DEFINITIONS ........................................................................................................................................... 57 SECTION IX ...................................................................................................................................................... 58 BOILER AND MACHINERY BREAKDOWN EXTENSION ...................................................................... 58 ENDORSEMENT 1 ........................................................................................................................................... 68 ENDORSEMENT 2 ........................................................................................................................................... 69 ENDORSEMENT 3 ........................................................................................................................................... 70 ENDORSEMENT 4 ........................................................................................................................................... 71 ENDORSEMENT 5 ........................................................................................................................................... 72 ENDORSEMENT 6 ........................................................................................................................................... 74 1 Public Entity Property Insurance Program (PEPIP) Form No.19 Page 1 of 74 SECTION I GENERAL PROVISIONS A. INSURING AGREEMENT In consideration of the premium paid by the Named Insured to the Company, the Company agrees to insure the following per the terms and conditions herein. B. NAMED INSURED As shown on the Declaration page, or as listed in the Declaration Schedule Addendum attached to this Policy. Member(s), entity(ies), agency(ies), organization(s), enterprise(s) and/or individual(s) for whom the Named Insured is required or has agreed to provide coverage, or as so named in the “Named Insured Schedule” on file with Alliant Insurance Services, Inc., as their interests may appear which now exist or which hereafter may be created or acquired and which are owned, financially controlled or actively managed by the herein named interest, all jointly, severally or in any combination of their interests, for account of whom it may concern, are covered within the limits provided to the individual Named Insured. Lessors of interest in all property of every description covered hereunder are included herein as Insured’s for their respective rights and interests, it being understood that the inclusion hereunder of more than one covered party shall not serve to increase the Company’s limit of liability. Mortgagees to whom certificates of coverage have been issued are covered hereunder as Insured’s in accordance with the terms and conditions of Form 438 BFU NS, CP12 18 1091, or equivalent as required by the mortgagee. C. MAILING ADDRESS OF NAMED INSURED AS PER DECLARATION PAGE D. POLICY PERIOD AS PER DECLARATION PAGE E. LIMITS OF LIABILITY Subject to specific exclusions, modifications, and conditions hereinafter provided, the liability of the Company in any one occurrence regardless of whether one or more of the coverages of this Policy are involved shall not exceed: 1. LIMITS OF LIABILITY The Specific Limits of Liability as described in the Declaration Page apply per occurrence unless indicated otherwise. 2 Public Entity Property Insurance Program (PEPIP) Form No.19 Page 2 of 74 2. SUB-LIMITS OF LIABILITY The following sub-limits of liability are provided as described in the Declaration Page and apply per occurrence unless indicated otherwise. Coverage is provided only if a sub-limit of liability is shown in the Declaration Page for that item, and do not increase the specific limits of liability. The absence of a sub-limit of liability amount in the Declaration Page means that no coverage is provided for that item. When a sub-limit refers to a covered peril, the sub-limit applies to all loss and expense resulting from said peril, regardless of the number of coverages that may apply to such loss or expense. In the event that a claim involves both a coverage that is sub-limited and a peril that is sub-limited, the lesser of the two will apply. a. Per occurrence, and in the annual aggregate as respects the peril of flood (for those Named Insured(s) that participate in this optional dedicated coverage); b. Per occurrence, and in the annual aggregate as respects the peril of earthquake shock for those Named Insured(s) that participate in this optional dedicated coverage; c. Combined Business Interruption, Rental Income, Tax Interruption and Tuition income (and related fees) ; d. Extra Expense; e. Miscellaneous Unnamed Locations; f. Automatic Acquisition. As per policy provisions; g. Unscheduled Landscaping, tees, sand traps, greens, athletic fields and artificial turf if specific values for such items have not been reported as part of the Named Insured(s) schedule of values held on file with Alliant Insurance Services, Inc. This coverage extension does not apply to the peril of Earthquake Shock in the states of California, or Alaska. If Flood coverage is purchased for scheduled locations this extension will extend to include Flood coverage for any location not situated in Flood Zones A or V; h. Scheduled Landscaping, tees, sand traps, greens, athletic fields and artificial turf if specific values for such items have been reported as part of the Named Insured(s) schedule of values held on file with Alliant Insurance Services, Inc.; i. Errors and Omissions; j. Course of Construction and Additions; k. Money and Securities for Fire, Wind, Hail, Explosion, Smoke, Lightning, Riot, Civil Commotion, Impact by Aircraft or Objects falling there from, Impact by Vehicles, Water Damage and Theft (other than by an employee of the Named Insured(s)), however fraudulent impersonation fraudulent instruction or similar events are excluded; l. Prize Giveaways solely as respects Named Insured(s) that participate in this optional coverage; m. Unscheduled Fine Arts (as more fully defined herein); n. Accidental Contamination including owned land, land values and water owned by the Named Insured(s); o. Unscheduled infrastructure including but not limited to tunnels, bridges, dams, catwalks (except those not for public use), roadways, highways, streets, sidewalks, culverts, channels, levees, dikes, berms, embankments, landfills, docks, piers, wharves, street lights, traffic signals, meters, road way or highway fencing (including guardrails), and all similar property unless specific values for such items have been reported as part of a Named Insured(s) schedule of values held on file in the offices of Alliant Insurance Services, Inc. Unscheduled Infrastructure coverage is excluded for the peril of Earthquake Shock, and for Federal Emergency Management Agency (F.E.M.A.) and/or any State Office of Emergency Services (O.E.S.) declared disasters, providing said declaration provides funding for repairs. Landfills include underground liners, installed liners, or liners while being installed; installed geotextile mats or geotextile mats while being installed; installed collection pipes or collection pipes while being installed; any material or substance that make up the landfill; embankments; or material deposited or disposed thereon. Landfills do not include the following located at a landfill site: 3 Public Entity Property Insurance Program (PEPIP) Form No.19 Page 3 of 74 1. Buildings 2. Machinery and equipment 3. Stock and supplies 4. Contractor’s equipment 5. Vehicles p. Scheduled Landfills; or 120% of values on file with Alliant Insurance Services, Inc. whichever is less. q. Increased Cost of Construction due to the enforcement of building codes / ordinance or law. r. Transit physical damage only; s. Unscheduled Animals; t. Unscheduled Watercraft; up to 27 feet. Unscheduled watercraft over 27 feet if held for sale by the insured. u. Off premises services interruption including extra expense resulting from a covered peril at non-owned/operated location(s); v. Separately as respects Contingent Business Interruption, Contingent Extra Expense, Contingent Rental Value, and Contingent Tuition Income; w. Per occurrence and in the annual aggregate as respects the peril of Earthquake Shock for licensed vehicles, unlicensed vehicles, contractors equipment and fine arts combined for all Named Insured(s) of this Declaration combined that do not purchase optional dedicated Earthquake Shock coverage, and/or where specific values for such items are not covered for optional dedicated Earthquake Shock coverage as part of the Named Insured(s) schedule of values held on file with Alliant Insurance Services, Inc.; x. Per occurrence and in the annual aggregate as respects the peril of Flood for licensed vehicles, unlicensed vehicles, contractors equipment and fine arts combined for all Named Insured(s) of this Declaration combined that do not purchase optional Flood coverage, and/or where specific values for such items are not covered for optional dedicated Flood coverage as part of the Named Insured(s) schedule of values held on file with Alliant Insurance Services, Inc.; y. Claim Preparation Expenses; z. Expediting Expenses; aa. Separately as respects furs, jewelry, precious metals and precious stones; ab. Business Interruption for Power Generation Facilities, which is understood to be part of and not additional to the sub-limit of liability set forth in Item 2 c. above; ac. Personal Property outside the U.S.A. (including associated business interruption); ad. Unmanned Aircraft. As per policy provisions ae. Mold/Fungus Resultant Damage. As per policy provisions af. Electronic Data Processing Media ag. Boiler Explosion and Machinery Breakdown (for those Named Insured(s) that participate in this optional dedicated coverage). F. OPTIONAL COVERAGE PARTICIPATION It is understood and agreed that certain Named Insured’s participate in Optional Coverage on this Policy as set forth below. OPTIONAL COVERAGES IDENTIFICATION: 1. Earthquake Shock 2. Licensed Vehicles – Off Premises 3. Scheduled Fine Arts 4. Flood 5. Boiler Explosion and Machinery Breakdown 4 Public Entity Property Insurance Program (PEPIP) Form No.19 Page 4 of 74 Such participation in the optional coverage(s) by the Named Insured is indicated in the Declaration Page, and/or by endorsement to this Policy. G. DEDUCTIBLE PROVISIONS If two or more deductible amounts provided in the Declaration Page apply for a single occurrence the total to be deducted shall not exceed the largest per occurrence deductible amount applicable. Deductibles are shown on the Declaration Page, or by endorsement and may vary by member of a joint powers authority (JPA) or risk sharing pool (Pool), or the coverage part pertaining to the loss. Unless a more specific deductible is applicable for a particular loss, the “Basic Deductible” shown in the Declaration Page, shall apply per occurrence. The company will not pay for loss or damage in any one occurrence until the amount of the loss or damage exceeds the applicable deductible. The “JPA/Pool Basic Deductible” – when applicable will be in excess of a JPA or Pool member’s deductible amount. The Named Insured(s) deductible amount will be agreed upon between the JPA or Pool and its members. The “JPA/Pool Basic Deductible” shown in the Declaration Page, shall apply per occurrence. The company will not pay for loss or damage in any one occurrence until the amount of the loss or damage exceeds the applicable constituent members’ deductible and the “JPA/Pool Basic Deductible”, until the “JPA/Pool Annual Aggregate Amount” is exhausted. The “JPA/Pool Annual Aggregate Amount” - when applicable is the accumulation of payments made by the JPA or Pool that are categorized as “JPA/Pool Basic Deductibles” above. Once the annual aggregate amount is reached, all subsequent losses in chronological order are subject to the “JPA/Pool Maintenance Deductible” indicated in the Declaration Page. As with the “JPA/Pool Basic Deductible” this maintenance deductible will be applicable in excess of the applicable JPA or Pool constituent member’s deductible. “Vehicle Physical Damage deductible” - if Off-Premises coverage is included/purchased, the stated deductible will apply to vehicle physical damage both on and off premises on a per occurrence basis, unless otherwise stated. If “Off-Premises” coverage is not included, On-Premises/In-Yard coverage is subject to the All Risk “Basic Deductible”. H. UNIT OF INSURANCE DEFINED In the application of the Earthquake Shock, or specified Wind deductibles, in accordance with the provisions of this Policy, each of the following shall be considered a Separate Unit of Insurance: 1. Each Separate Building or Structure; 2. The Contents of each Building or Structure; 3. Applicable Time Element Coverage of each separate Building or Structure; and 4. Property in each Yard. The Company shall not be liable for loss to any Unit of Insurance covered hereunder unless such loss exceeds the percentages stated in this Policy of the replacement values of such Unit of Insurance at the time when such loss shall happen, and then only for its proportion of such excess. I. PRIORITY OF PAYMENTS In the event of loss caused by or resulting from more than one peril or coverage, the limit of liability of the primary / underlying coverage shall apply first to the peril(s) or coverage(s) not insured by the excess layers and the remainder, if any, to the peril(s) or coverage(s) insured hereunder. Upon exhaustion of the limit of liability of the primary / underlying coverage, the excess layers shall then be liable for loss 5 Public Entity Property Insurance Program (PEPIP) Form No.19 Page 5 of 74 uncollected from the peril(s) or coverage(s) insured hereunder, subject to the limit of liability and the other terms and conditions as specified. 6 Public Entity Property Insurance Program (PEPIP) Form No.19 Page 6 of 74 SECTION II PROPERTY DAMAGE A. COVERAGE Subject to the terms, conditions and exclusions hereinafter contained, this Policy insures all property of every description both real and personal (including improvements, betterments and remodeling), of the Named Insured, or property of others in the care, custody or control of the Named Insured, for which the Named Insured is liable, or under the obligation to insure. B. EXTENSIONS OF COVERAGE All coverage extensions are subject to the terms, conditions and exclusions of the Policy except insofar as they are explicitly providing additional coverage. 1. PERSONAL EFFECTS This Policy is extended to cover only such personal effects and wearing apparel of any of the officials, employees, students and personal effects of the Named Insured named in this Policy for which the Named Insured may elect to assume liability while located in accordance with the coverage hereof, but loss, if any, on such property shall be adjusted with and payable to the Named Insured. 2. PROPERTY IN COURSE OF CONSTRUCTION AND ADDITIONS It is understood and agreed that as respects course of construction projects and additions, this Policy will provide automatic coverage subject to the following conditions: a. Project involves only real property on new or existing locations (excluding dams, roads, and bridges). b. Value of the project at the location does not exceed USD as per Declaration Page. Projects that exceed this amount are subject to underwriting approval, prior to binding. However, inadvertent failure to report projects within USD as per Declaration Page shall not void coverage of said Project. Additional Expenses - Soft Costs: This extension applies to new buildings or structures in the course of construction up to the time that the new building(s) or structure(s) is initially occupied or put to its intended use whichever occurs first. The Company will cover the additional expenses (soft costs) of the Named Insured as defined below for up to 25% of the estimated completed value of the project which results from a delay in the completion of the project beyond the date it would have been completed had no loss or damage occurred. The delay must be due to direct physical loss or damage to property insured and be caused by or result from a peril not excluded by this Policy. The Company will pay covered expenses when they are incurred. a. Additional Interest Coverage – The Company will pay the additional interest on money the Named Insured borrows to finance construction or repair. b. Rent or Rental Value Coverage – The Company will pay the actual loss of net rental income that results from delay beyond the projected completion date. But the Company 7 Public Entity Property Insurance Program (PEPIP) Form No.19 Page 7 of 74 will not pay more than the reduction in rental income less charges and expenses that do not necessarily continue. c. Additional Real Estate Taxes or Other Assessments – The Company will pay the additional real estate taxes or other assessments the Named Insured incurs for the period of time that construction is extended beyond the completion date. d. Additional Advertising and Promotional Expenses – The Company will pay the additional advertising and promotional expense that becomes necessary as a result of a delay in the completion of the project. e. Additional Commissions Expense – The Company will pay the additional expenses, which result from the renegotiating of leases following an interruption in the project. f. Additional Architectural and Engineering Fees – The Company will pay the additional architectural and engineering fees that become necessary as a result of a delay in the completion of the project. g. Additional License and Permit Fees – The Company will pay the additional license and permit fees that become necessary as a delay in the completion of the project. h. Legal and Accounting Fees – The Company will pay the additional legal and accounting fees the Named Insured incurs as a result of a delay in the completion of the project. 3. FIRE FIGHTING EXPENSES It is understood and agreed that the Company shall be liable for the actual charges of fire fighting expenses including but not limited to those charged by municipal or private fire departments responding to and fighting fire in / on, and/or protecting property included in coverage provided by this Policy. 4. OFF PREMISES SERVICES INTERRUPTION It is understood and agreed that coverage under this Policy is extended to include physical damage, business interruption loss and/or extra expense incurred and/or sustained by the Named Insured as a result of physical damage to or destruction of property, by the perils insured against occurring during the policy period of any suppliers furnishing (1.) Incoming electricity, fuel, gas, water, steam, or refrigeration; (2.) Data, voice or video service; or (3.) Outgoing sewerage to an Insured Location. The coverage provided by this clause is sub-limited to USD as per Declaration Page. Coverage under this extension is subject to a 24-hour waiting period. 5. ARCHITECTS AND ENGINEERS FEES This Policy also insures as a direct result of physical loss or damage insured hereunder, any architects and engineers’ fees. 8 Public Entity Property Insurance Program (PEPIP) Form No.19 Page 8 of 74 6. CLAIM PREPARATION EXPENSES This Policy also insures as a direct result of physical loss or damage insured hereunder any claim preparation expenses including, but not limited to, auditors, consultants and accountants. However, the expenses of public adjusters are specifically excluded. 7. EXPEDITING EXPENSES In the event of physical loss or damage insured hereunder, it is understood and agreed that coverage under this Policy includes the reasonable extra cost of temporary repair and of expediting the repair of such damaged property of the Named Insured, including overtime and the extra costs of express or other rapid means of transportation. This coverage provided by this clause is sub-limited to USD as per the Declaration Page. 8. DEBRIS REMOVAL This Policy also covers expenses incurred in the removal of debris from the Insured Location that may be destroyed or damaged by a covered peril(s). This debris removal coverage does not apply to the cost to extract pollutants from land or water, or to remove, restore or replace polluted land or water. 9. BUILDING LAWS If a building, that is covered property at the Named Insured’s location, suffers physical damage to or destruction by the perils insured against during the policy period, this Policy is extended to cover loss to the undamaged portion of the building caused by enforcement of any ordinance or law that: a. Requires the demolition of parts of the same building that have not been damaged; or b. Regulates the construction or repair of buildings or establishes zoning or land use requirements at the location of the building. This Policy extension includes physical damage, business interruption loss, loss of interest and/or extra expense incurred and/or sustained by the Named Insured as a result of and occasioned by the enforcement of any such ordinance or law. The Company shall also be liable for loss due to the additional period of time required for repair or reconstruction in conformity with the minimum standards of such ordinance or law of the building(s) described in this Policy damaged by a covered peril. The Company shall not be liable under this clause for more than the limit of liability as shown elsewhere in this Policy. 10. DEMOLITION COST In the event of physical damage to property insured by a covered peril, this Policy is extended to cover the cost of, and the additional period of time required for, demolishing any undamaged portion of the covered property including the cost of clearing the site thereof, caused by loss from any covered peril(s) under this Policy and resulting from enforcement of any ordinance or law regulating the construction, repair or demolition of buildings or structures and in force at the time of loss which necessitates such demolition. 9 Public Entity Property Insurance Program (PEPIP) Form No.19 Page 9 of 74 11. INCREASED COST OF CONSTRUCTION In the event of physical damage to property insured by a covered peril, this Policy is extended to cover the increased cost of repair or replacement required by any ordinance or law (including written guidelines used by the department of corrections in any state) which: 1) regulates the construction, repair or demolition of buildings or structures; and 2) was in force when the loss occurred or came into force within 6 months of when the loss occurred Payment will be limited to the cost of meeting the minimum requirements of such ordinance or law; said cost to be calculated as of the date of loss. Insurance under this section does not apply to: a. Costs associated with any ordinance or law which requires any Named Insured or others to test for, monitor, clean up, remove, contain, treat, detoxify, or neutralize, or in any way respond to, or assess the effects of substances declared to be hazardous to health by a governmental agency; or b. Loss due to any ordinance or law that: i. The Named Insured was required to comply with before the loss even if the building was undamaged; and ii. The Named Insured failed to comply with. The coverage provided by this clause is sub-limited to USD as per Declaration Page. 12. ERRORS AND OMISSIONS No unintentional errors or unintentional omissions in description, location of property or valuation of property will prejudice the Named Insured’s right of recovery but will be reported to the Company as soon as practicable when discovered. The coverage provided by this clause is sub-limited to USD as per Declaration Page. This extension does not increase any more specific limit stated elsewhere in this Policy or Declaration. 13. ANIMALS This Policy is extended to cover retraining expenses associated with the loss of specially trained animals. Retraining expenses are included within the sub-limit provided, unless otherwise scheduled. Notwithstanding the foregoing it is hereby understood and agreed that solely as respects Universities, hospitals, or other institutions of learning the following shall apply: This Policy is extended to cover physical loss or damage to animals used for research subject to applicable exclusions under Section IV (General Conditions) B. Exclusions. 14. VALUABLE PAPERS This Policy is extended to cover Valuable Papers or the cost to reconstruct valuable papers (including but not limited to research, redrawing or duplicating) physically lost or damaged by a peril insured against during the term of this Policy. 10 Public Entity Property Insurance Program (PEPIP) Form No.19 Page 10 of 74 15. TRANSIT This Policy is extended to cover Personal Property of the Named Insured or property held by the Named Insured in trust or on commission or on consignment for which the Named Insured may be held legally liable while in due course of transit, worldwide (excluding Ocean Marine coverages), against all risks of Direct Physical Loss or Damage not excluded by this Policy to the property insured occurring during the period of this Policy. Permission is hereby granted to the Named Insured without prejudice to this insurance to accept the ordinary Bill-of-Lading used by carriers, including released and/or under-valued Bill-of-Lading and/or Shipping or Messenger receipts; and the Named Insured may waive subrogation against railroads under side track agreements; and except as otherwise provided, the Named Insured shall not enter into any special agreement with carriers releasing them from their common law or statutory liability. This Policy also covers damage and loss of use: a. Occasioned by the acceptance by the Named Insured, Insured’s agent, customer or consignee(s) or others of fraudulent Bill-of-Lading, Shipping or Messenger receipts; b. Obtained by fraud or deceit, perpetrated by any person(s) who may represent themselves to be the proper party or parties to receive the property for shipment or to accept it for delivery. The coverage provided by this clause is sub-limited to USD as per Declaration Page. 16. VEHICLES WHILE ON INSURED PREMISES This Policy is extended to cover vehicles while at an Insured Location against physical loss or damage by a peril insured against during the term of this Policy. 17. ASBESTOS CLEAN UP AND REMOVAL This Policy specifically excludes asbestos materials clean up or removal, unless asbestos is itself damaged by a peril covered by this Policy, then asbestos cleanup or removal within the damaged area, and applicable time element coverages, will be covered by this Policy. In no event will coverage be extended to cover undamaged asbestos, including undamaged asbestos in any portion of the building mandated by any governmental direction or request declaring that asbestos material present in any undamaged portion of the Named Insured’s property must be removed or modified, or; any loss or expense including investigation or defense costs, caused by, resulting from, or arising out of asbestos, exposure to asbestos, or any product containing asbestos, or; any loss or expense normally provided by demolition, increased cost or building ordinance. The Named Insured must report to Underwriters the existence of the damage as soon as practicable after the loss. However, this Policy does not insure any such damage first reported to the Underwriters more than thirty six (36) months after the expiration, or termination, of this Policy. 11 Public Entity Property Insurance Program (PEPIP) Form No.19 Page 11 of 74 18. PROTECTION AND PRESERVATION OF PROPERTY In the event of loss likely to be covered by this Policy, the Named Insured shall endeavor to protect covered property from further damage and shall separate the damaged and undamaged personal property and store in the best possible order, and shall furnish a complete inventory of the destroyed, damaged and undamaged property to the Insurer. In case of actual or imminent physical loss or damage of the type insured against by this Policy, the expenses incurred by the Named Insured in taking reasonable and necessary actions for the temporary protection and preservation of property insured hereunder shall be added to the total physical loss or damage otherwise recoverable under the Policy and be subject to the applicable deductible and without increase in the limit provisions contained in this Policy. Due to the unique nature of Educational Facilities, Health Care Facilities and Jails where it is deemed necessary to evacuate designated persons from the premises in order to reduce the physical loss potential from an actual or imminent loss or damage by a peril not excluded herein, the Company will pay reasonable and necessary evacuation expenses incurred by the Named Insured. The following additional definitions apply to this Additional Time Element Coverage: a. Designated persons means: (1) Patients, residents and lawful occupants at an Insured Location, and/or (2) Those employees who are essential to implement the mandatory evacuation order at an Insured Location. b. Evacuation expenses means expenses incurred during the evacuation period to: (1) Transport designated persons to another location; (2) House and maintain designated persons at another location; (3) Return designated persons to the Insured Location or, if the Insured Location is not habitable, to a suitable alternative location. 19. LEASEHOLD INTEREST In the event of physical loss or damage of the type insured against by this Policy to real property of the type insured this Policy, which is leased by the Named Insured, this Policy is extended to cover: a. If as a result of such loss or damage the property becomes wholly un-tenantable or unusable and the lease agreement requires continuation of the rent, the Company shall indemnify the Named Insured for the actual rent payable for the unexpired term of the lease; or b. If as a result of such loss or damage the property becomes partially un-tenantable or unusable and the lease agreement requires continuation of the rent, the Company shall indemnify the Named Insured for the proportion of the rent applicable thereto; or c. If as a result of such loss or damage the lease is cancelled by the lessor pursuant to the lease agreement or by operation of law, the Company shall indemnify the Named Insured for its Lease Interest for the first three months following such loss or damage and for its Net Lease Interest for the remaining unexpired term of the lease; provided, however, that the Company shall not be liable for any increase in the amount recoverable hereunder resulting from the suspension, lapse or cancellation of any license, or from the Named Insured exercising an option to cancel the lease; or from any act or omission of the Named Insured which constitutes a default under the lease; and provided further that the Named Insured shall use any suitable property or service owned or controlled by the Named Insured or obtainable from another source to reduce the loss hereunder. The following definitions shall apply to this coverage: 12 Public Entity Property Insurance Program (PEPIP) Form No.19 Page 12 of 74 (1) Lease Interest means the excess rent paid for the same or similar replacement property over actual rent payable plus cash bonuses or advance rent paid (including any maintenance or operating charges) for each month during the unexpired term of the Named Insured’s lease. (2) Net Lease Interest means that sum which placed at 8% interest compounded annually would equal the Lease Interest (less any amounts otherwise payable hereunder). 20. AUTOMATIC ACQUISITION This Policy is automatically extended to insure Direct Physical Loss or Damage not excluded by this Policy to additional property of the type insured under this Policy and/or interests as described in this Policy, which may be acquired or otherwise become at the risk of the Named Insured, during the policy period, within the United States of America, subject to the limit shown on the Declaration Page. Coverage under this additional coverage ceases at the earlier of the following dates: A. One hundred twenty (120) days from the date of acquisition or lease of such property or such other number of days shown below, if applicable, or B. When the automatic acquisition location is bound by Alliant Insurance Services, Inc.; or Alliant Insurance Services, Inc. notifies the Insured that it will not bind the automatically acquired location Notwithstanding the above: a. Automatic coverage is granted for up to 60 days, subject to a sub-limit of USD2,500,000 for additional property and/or interests in Tier 1 wind counties, parishes and independent cities for the states of Virginia, North Carolina, South Carolina, Georgia, Alabama, Mississippi, Louisiana, Texas and/or situated anywhere within the states of Florida and Hawaii. b. Automatic coverage is granted for up to 90 days, subject to a sub-limit of USD 25,000,000 for the addition of any new sub-member(s), entity(ies), agency(ies), organization(s), enterprise(s) and/or individual(s) for whom the Named Insured has agreed to provide coverage until such time as the new member(s), entity(ies), agency(ies), organization(s), enterprise(s) and/or individual(s) is bound by Alliant Insurance Services, Inc. c. For Named Insureds that purchase Flood coverage for all scheduled locations, this extension will extend to include Flood coverage for any location not situated in Flood Zones A or V. For Named Insureds that do not purchase Flood coverage for all scheduled locations, this extension will not extend to include Flood coverage. In the event that coverage for Flood for any location situated in Flood Zones A or V is required, it is to be agreed by the Company prior to attachment hereunder. d. This coverage extension does not apply to the peril of Earthquake Shock in the States of California, or Alaska except as follows: (1) At Policy inception, for those Named Insureds that purchase the earthquake shock peril, per the sub-limit that appears on the Declaration Page, automatic coverage applies for the peril of earthquake shock for a period of 30 days from date of contractual requirement by any bond, certificate of participation or any similar investment, for any new locations where there is such a contractual requirement to provide earthquake shock coverage. Otherwise there is no Automatic Coverage for Earthquake Shock for any other new locations in California and Alaska. 13 Public Entity Property Insurance Program (PEPIP) Form No.19 Page 13 of 74 After the reporting of a location added under automatic acquisition, the Company retains the right to determine acceptability of all such property(ies). Additional premium will be calculated from the date of acquisition. In the event that the Named Insured fails to comply with the above reporting provision, then coverage hereunder is sub-limited to the Miscellaneous Unnamed Locations Sub-limit shown on the Declarations Page. There is no coverage for any property that is partially or wholly insured under any other insurance. There is no coverage under this paragraph for loss or damage, which is covered under the Error and Omissions or Miscellaneous Unnamed Locations provisions of this Policy. 21. MISCELLANEOUS UNNAMED LOCATIONS Subject to the Miscellaneous Unnamed Locations sub-limit shown on the Declaration Page, this policy is extended to insure property of type not excluded located at Miscellaneous Unnamed Locations. Miscellaneous Unnamed Locations means property that has not been included in the Schedule of Values on file with Alliant Insurance Services, Inc. as may be required in the Policy provisions elsewhere. There is no coverage under this paragraph for loss or damage which is covered under the Errors and Omissions or Automatic Acquisition provisions of this Policy. This coverage extension does not apply to the peril of Earthquake Shock in the states of California, or Alaska or Flood coverage for any property situated in Flood Zones A or V. 22. ACCIDENTAL CONTAMINATION This Policy is hereby extended to cover the reasonable and necessary cost for the cleanup, removal and disposal of the actual not suspected presence of Pollutants or Contaminant(s) from any source to Covered Property so as to restore the Covered Property to the same condition as existed prior to loss. The coverage provided is sub-limited to USD as per Declaration page. If such contamination or dispersal is itself caused by fire, lightning, impact from aircraft, explosion, riot, civil commotion, smoke, collapse, vehicles, windstorm, hail, vandalism, malicious mischief or leakage and accidental discharge from automatic fire protective systems whereupon this extension shall provide coverage up to full limit of liability provided by this Policy. For the purposes of this Accidental Contamination clause only, the term “Covered Property”, as covered by this Policy, is held to include Land (and Land Values) on which Covered Property is located whether or not the same are excluded by this Policy. Pollutants or Contaminants means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste, which after its release can cause or threaten damage to human health or human welfare or causes or threatens damage, deterioration, loss of value, marketability or loss of use to property insured hereunder, including, but not limited to, bacteria, virus, or hazardous substances listed in applicable environmental state, federal or foreign law or regulation, or as designated by the U.S. Environmental Protection Agency or similar applicable state or foreign governmental authority. Waste includes materials to be recycled, reconditioned or reclaimed. Pollutants or Contaminants does not include Fungus, Mold or Spore. 14 Public Entity Property Insurance Program (PEPIP) Form No.19 Page 14 of 74 It is further understood and agreed that this coverage clause shall not override anything contained in Asbestos Clean Up and Removal in this Policy. In accordance with Section IV, Item T., Other Insurance, coverage provided under this paragraph shall not attach or become insurance upon any property which at the time of loss is more specifically described and covered under any other policy form until the liability of such other insurance has first been exhausted and shall then cover only the excess of value of such property over and above the amount payable under such other insurance, whether collectible or not. C. PROPERTY NOT COVERED Except as for that which may be provided as an Extension of Coverage, this Policy does not cover: 1. Aircraft, Watercraft over 27 feet in length (other than watercraft held for sale by the insured), and rolling stock, except scheduled watercraft, and rolling stock, light rail vehicles, subway trains and related track maintenance vehicles for light rail and subway lines. 2. Standing timber, growing crops, water, except water which is normally contained within any type of tank, piping system or other process equipment. 3. Land (including land underneath or adjacent to a covered building or structure, and including costs to replace, repair, or stabilize any land, unless when necessary to protect a covered building or structure), and land values (except athletic fields, landscaping, artificial turf, sand traps, tees and greens). However, this policy does insure fill beneath any buildings or structures. 4. Property in due course of ocean marine transit. 5. Shipment by mail after delivery into the custody of the United States Post Office. 6. Power transmission lines and feeder lines more than 1,000 feet from an Insured Location unless scheduled and specifically approved by the Company. 7. Underground pipes more than 1,000 feet from an Insured Location unless scheduled and specifically approved by the Company. 8. Offshore property, oilrigs, underground mines, caverns, or underground storage facilities and their contents. Railroad track is excluded unless values have been reported by the Named Insured. 9. Trees, plants, and shrubs unless their position and planting were undertaken by human agency, such as landscaping. D. LOSS PAYMENT BASIS / VALUATION In case of loss to property of an Named Insured covered hereunder, the basis of adjustment shall be as of the time and place of loss as follows: 1. On all real and personal property, including property of others in the care or control of the Named Insured at the Replacement Cost (as defined below) at the time of the loss. If property is not replaced within a reasonable period of time, then the actual cash value shall apply. 2. On improvements and betterments at the Replacement Cost at time of loss. without deduction for depreciation. If property is not repaired or replaced within a reasonable period of time, then the actual cash value shall apply. If replaced or repaired by others for the use of the Named Insured, there shall be no liability hereunder. The Company agrees to accept and consider the Named Insured as sole and unconditional owner of all improvements and betterments, any contract or lease the Named Insured may have made to the contrary notwithstanding. 15 Public Entity Property Insurance Program (PEPIP) Form No.19 Page 15 of 74 3. On manuscripts, mechanical drawings, patterns, electronic data processing media, books of accounting and other valuable papers, the full Replacement Cost of the property at the time of loss (including expenses incurred to recreate the information lost, damaged or destroyed, except as may be limited by any separate policy provision) or what it would then cost to repair, replace or reconstruct the property with other of like kind and quality. If not repaired, replaced or reconstructed within a reasonable period of time, then not to exceed the cost of blank or unexposed material. 4. On antique, restored or historical buildings, the cost of acquisition, relocation to the site and renovation or reconstruction without allowance for any increased cost of repair or reconstruction by reason of any ordinance or law regulating construction or repair. In the event of a partial loss, Replacement Cost for antique, restored or historical buildings shall mean the cost of repairing, replacing, constructing or reconstructing (whichever is less) the property on the same site using materials of like kind and quality necessary to preserve or maintain a buildings’ historical significance without deduction for depreciation or allowance for any increased cost of repair or reconstruction by reason of any ordinance or law regulating construction or repair. 5. On property of others for which the Named Insured is liable under contract or lease agreement the Company’s liability in the event of loss is limited to the Named Insured’s obligation as defined in said contract or lease agreement but not to exceed the Replacement Cost. 6. On library contents, at Replacement Cost, or as follows, whichever is greater: Category Value (per item) Juvenile Materials USD 58.85 Pamphlets USD 7.57 Magazines USD 15.26 Fiction USD 28.46 Non-Fiction USD 102.47 Dictionary USD 149.14 Encyclopedia USD 356.94 Thesaurus USD 55.54 Reference (other) USD 143.23 Abstracts USD 350.75 Textbook USD 129.75 Art Books USD 77.28 Film USD 344.12 Book/Diskette USD 129.91 Vinyl Records USD 103.24 DVD/VHS USD 68.82 Audio Cassette USD 37.85 Compact Discs USD 30.21 CD ROM USD 48.88 Books/Audio USD 92.57 Medical Atlas USD 221.15 Technical Law USD 187.67 Nanotechnology USD 216.72 Biotechnology USD 205.06 The above valuation is predicated on the values provided by the Library of Congress Dewey Decimal system and adjusted for inflation. The figures above do not include the “shelving cost” of each book. Therefore, the formula for adjusting a library contents loss is: 16 Public Entity Property Insurance Program (PEPIP) Form No.19 Page 16 of 74 “Number of items in a category that are replaced multiplied by the valuation figure plus associated shelving costs”. The actual cost per item in the final adjustment is to be computed as of the time and place of loss or damage. 7. On Vehicles less than ten years old, on or off premises, where Replacement Cost (New) values are specified, loss or damage shall be based on 100% of the Replacement Cost (New) at the time of loss. Partial losses shall be based on the cost of repairing or replacing the damaged portion, up to the fair market value of the Vehicle and/or Equipment. However, should these costs exceed the fair market value then recovery shall be based upon the Replacement Cost (New). Actual Cash Value will be applied for vehicles ten years or older. If the values, provided by the Named Insured, provides a valuation based on Replacement Cost (New), then recovery will be on the same basis, if replaced. If not replaced, the basis of recovery shall be Actual Cash Value. 8. Animals: The stated value as per schedule on file with the Named Insured. Notwithstanding the foregoing it is hereby understood and agreed that solely as respects Universities, hospitals or other institutions of learning the following shall apply: The stated value as per schedule on file with the Named Insured except Research Animals shall be valued at the cost to replace with like kind and quality; including the increased value as a result of prior research or experiments performed on the animal(s), accumulated cost of care and maintenance, and the value of labor expended by research assistants and/or laboratory technicians. 9. Landscaping, artificial turf, sand traps, tees, putting greens and athletic fields; the actual Replacement Cost of sod, shrubs, sand, plants and trees; however the Company’s liability for replacement of trees, plants and shrubs will be limited to the actual size of the destroyed plant, tree or shrub at the time of the loss up to a maximum size of 25 gallons per item but not to exceed USD25,000 per item. The aforementioned valuations shall also be used for the purpose of any minimum earned premium and/or quarterly adjustments incurred. Wherever the term “actual cash value” is used as respects real property or improvements and betterment’s in this clause, or elsewhere herein, it shall mean Replacement Cost less depreciation. “Replacement Cost” shall mean the cost of repairing, replacing, constructing or reconstructing (whichever is the least) the property on the same site, using new materials of like kind and quality and for like occupancy without deduction for depreciation or allowance for any increased cost of repair or reconstruction by reason of any ordinance or law regulating construction or repair, subject to the following: a. Until the property is actually repaired, replaced or reconstructed, the maximum amount recoverable shall be the actual cash value of the lost or damaged property; b. Replacement shall be effected by the Named Insured with due diligence and dispatch; c. Replacement need not be on same site, or of same or similar construction or occupancy provided that the Company shall not be liable for any additional costs that are directly attributable to the inclusion of this provision. 17 Public Entity Property Insurance Program (PEPIP) Form No.19 Page 17 of 74 d. For historical buildings as more specifically defined in this Section. e. In no event shall the Company’s liability exceed the amount actually and necessarily expended in repairing or replacing (whichever is less) Covered Property or any part thereof. It is understood and agreed that as respects Replacement Cost, the Named Insured shall have the option of replacement with electrical and mechanical equipment having technological advantages and/or representing an improvement in function and/or forming part of a program of system enhancement provided that such replacement can be accomplished without increasing the Company's liability. The Company shall be allowed to dispose of, as salvage, any non-proprietary property deemed unusable by the Named Insured. In the event the Named Insured should fail to comply with any of the foregoing provisions settlement shall be made as if this Replacement Cost provision had not been in effect. 18 Public Entity Property Insurance Program (PEPIP) Form No.19 Page 18 of 74 SECTION III BUSINESS INTERRUPTION, EXTRA EXPENSE, RENTAL INCOME, TAX REVENUE INTERRUPTION AND TUITION INCOME Subject to the terms, conditions and exclusions stated elsewhere herein, this Policy provides coverage for: A. COVERAGE 1. BUSINESS INTERRUPTION Against loss resulting directly from interruption of business, services or rental value caused by direct physical loss or damage, as covered by this Policy to real and/or personal property insured by this Policy, occurring during the term of this Policy. In the event of such loss or damage the Company shall be liable for the actual loss sustained by the Named Insured for gross earnings as defined herein and rental value as defined herein resulting from such interruption of business, services, or rental value; less all charges and expenses which do not necessarily continue during the period of restoration. Due consideration shall be given to the continuation of normal charges and expenses including payroll expenses to the extent necessary to resume operations of the Named Insured with the same quality of service which existed immediately preceding the loss. With respect to business interruption for power generation facilities, the coverage provided hereunder is sub-limited to USD as per Declaration Page. Notwithstanding the foregoing it is hereby understood and agreed that solely as respects Universities, hospitals or other institutions of learning the following shall apply: In determining the amount of tuition income and related fees covered hereunder for the purpose of ascertaining the amount of loss sustained, due consideration shall be given to: a. Tuition income and related fees which are prevented from being earned or received. b. Other income derived from: i. routine and special services; ii. other operating and non-operating revenues, including but not limited to: (1) research grants (2) income under research contracts all dependent on continued operations. c. Donations and fund raising proceeds: i. If a regularly scheduled fund raising drive for the sole benefit of the Named Insured occurs during the period of interruption of operations, the revenue produced by such drive shall be considered as follows in determining the amount of loss: (1) If the drive fails to produce an amount at least equal to the same drive in the most recent prior solicitation, the shortage, to the extent that it can be attributed to the interruption of the Named Insured’s operations, shall be considered as loss of income; 19 Public Entity Property Insurance Program (PEPIP) Form No.19 Page 19 of 74 (2) If the drive produces an amount equal to the same drive in the most recent prior solicitation, there shall be considered no loss of income from this source of revenue; (3) If the drive produces an amount larger than the same drive in the most recent prior solicitation, the excess shall be applied to reduce the loss from other sources of revenue; (4) If the drive is cancelled or postponed, such loss of revenue shall not be considered as loss of income. ii. The following shall be disregarded in determining the amount of loss: (1) Donations and contributions which are a direct result of the interruption of the Named Insured’s operations and are received by the Named Insured during the period of interruption. (2) Proceeds for fund raising drives or solicitations which are for the sole benefit of the Named Insured and occur as a result of interruption of the Named Insured’s operations. 2. EXTRA EXPENSE This Policy is extended to cover the necessary and reasonable extra expenses occurring during the term of this Policy at any location as hereinafter defined, incurred by the Named Insured in order to continue as nearly as practicable the normal operation of the Named Insured’s business following damage to or destruction of covered property by a covered peril which is at an Insured Location. In the event of such damage or destruction, the Company shall be liable for such necessary extra expense incurred for only such length of time as the Period of Restoration. With respect to Power Generating Facilities, Extra Expense shall also include any extra expense incurred resulting from the purchase of electrical power from any other power source, the coverage provided hereunder is sub-limited to USD as per Declaration Page. However, this Policy shall not cover loss of Bonus Capacity Payments, performance Guarantee penalties or any other indirect or remote loss of whatever nature. B. EXTENSIONS OF COVERAGE 1. INGRESS / EGRESS This Policy is extended to insure the actual loss sustained during the period of time not exceeding 30 days when, as a direct result of physical loss or damage caused by a covered peril(s) specified by this Policy and occurring at property located within a 10 mile radius of covered property, ingress to or egress from the covered property covered by this Policy is prevented. Coverage under this extension is subject to a 24-hour waiting period. 2. INTERRUPTION BY CIVIL AUTHORITY This Policy is extended to include the actual loss sustained by the Named Insured, as covered hereunder during the length of time, not exceeding 30 days, when as a direct result of damage to or destruction of property by a covered peril(s) occurring at property located within a 10 mile radius of covered property, access to the covered property is specifically prohibited by order of a civil authority. Coverage under this extension is subject to a 24-hour waiting period. 3. DEMOLITION AND INCREASED TIME TO REBUILD The Company shall, in the case of loss covered under this Policy, be liable also for loss to the interest covered by the Policy, occasioned by the enforcement of any ordinance or law regulating the construction, repair or demolition of buildings or structures and in force at the time such loss 20 Public Entity Property Insurance Program (PEPIP) Form No.19 Page 20 of 74 occurs, which necessitates the demolition of any portion of the described building(s) not damaged by the covered peril(s). The Company shall also be liable for loss due to the additional period of time required for repair or reconstruction in conformity with the minimum standards of such ordinance or law of the building(s) described in this Policy damaged by a covered peril. THE COMPANY SHALL NOT BE LIABLE UNDER THIS CLAUSE FOR: a. More than the limit of liability as shown elsewhere in this Policy. b. Any greater proportion of any loss to the interest covered by this Policy than the amount covered under this Policy on said interest bears to the total insurance and coverage on said interest, whether all such insurance contains this clause or not. 4. CONTINGENT TIME ELEMENT COVERAGE Business interruption, rental income, tuition income and extra expense coverage provided by this Policy is extended to cover loss directly resulting from physical damage to property of the type not otherwise excluded by this Policy at direct supplier or direct customer locations that prevents a supplier of goods and/or services to the Named Insured from supplying such goods and/or services, or that prevents a recipient of goods and/or services from the Named Insured from accepting such goods and/or services. The coverage provided by this clause separately as respects each of these coverage’s is sub-limited to USD as per Declaration Page. This coverage applies to the Insured’s direct suppliers or direct customers located in the Coverage Territory. Notwithstanding the foregoing, this Additional Coverage does not apply to: a. Any supplier of electricity, gas, fuel, steam, water, refrigeration, sewerage service, Cloud Computing Service or data, voice or video service; or b. The Insured’s customers, if the Insured is a supplier of electricity, gas, fuel, steam, water, refrigeration, sewerage service, Cloud Computing Service or data, voice or video service. 5. TAX REVENUE INTERRUPTION Except as hereinafter or heretofore excluded, this Policy insures against loss resulting directly from necessary interruption of sales, property or other tax revenue including, but not limited to Tribal Incremental Municipal Services Payments collected by or due the Named Insured as a result of physical damage to or destruction of property, by the perils insured against occurring during the policy period which is not operated by the Named Insured and which wholly or partially prevents the generation of revenue for the account of the Named Insured. The Company shall be liable for the actual loss sustained for only the length of time as would be required with exercise of due diligence and dispatch to rebuild, replace or repair the contributing property commencing with the date of damage to the contributing property, but not limited by the expiration date of this Policy. If the Named Insured has reported Tax Revenue Interruption values for which premium has been charged, such loss recovery after deductible shall be limited to whichever is the least of: 1. The sub-limit USD3,000,000 insured on the Policy; 2. The actual loss sustained; 3. The difference in amount between 97.5% of the anticipated revenue and the actual total revenue after the loss. 21 Public Entity Property Insurance Program (PEPIP) Form No.19 Page 21 of 74 If the Named Insured has not reported Tax Revenue Interruption values, such loss recovery after deductible shall be limited to whichever is the least of: 1. The actual loss sustained; 2. USD1,000,000 per occurrence DEDUCTIBLE: Each loss or series of losses arising out of one event at each location shall be adjusted separately and from the aggregate amount of all such losses 2.50% of the annual revenue value shall be deducted. 6. EXTENDED PERIOD OF INDEMNITY Business interruption including rental income, tax interruption, tuition income and extra expense coverage provided by this Policy is extended for the additional length of time required to restore the business of the Named Insured to the condition that would have existed had no loss occurred commencing on either; a. the date on which the Company’s liability would otherwise terminate or; b. the date on which rebuilding, repairing or replacement of such property as has been lost, damaged or destroyed is actually completed, whichever is later. The Company’s liability under this extension shall terminate no later than the number of days indicated in the Declaration Page for this item: 7. EXPENSES TO REDUCE LOSS This Policy also covers such expenses as are necessarily incurred for the purpose of reducing loss under this section (except incurred to extinguish a fire); but in no event to exceed the amount by which loss is thereby reduced. C. EXCLUSIONS 1. The Company shall not be liable for any increase of loss which may be occasioned by the suspension, lapse, or cancellation of any lease or license, contract or order, unless such suspension, lapse, or cancellation results directly from the interruption of business caused by direct physical loss or damage covered by this Policy and, then the Company shall only be liable for such loss as affects the Named Insured’s earnings during and limited to, the period of indemnity covered under this Policy. 2. With respect to loss resulting from damage to or destruction of media for, or programming records pertaining to, electronic data processing or electronically controlled equipment, including data thereon, by the perils insured against, the length of time for which the Company shall be liable hereunder shall not exceed: a. thirty (30) consecutive calendar days or the time required with exercise of due diligence and dispatch to reproduce the data thereon from duplicates or from originals of the previous generation, whichever is less; or, b. the length of time that would be required to rebuild, repair or replace such other property herein described as has been damaged or destroyed, but not exceeding eighteen (18) calendar months, whichever is the greater length of time. 22 Public Entity Property Insurance Program (PEPIP) Form No.19 Page 22 of 74 D. CONDITIONS APPLICABLE TO THIS SECTION If the Named Insured could reduce the loss resulting from the interruption of business: 1. by complete or partial resumption of operation of the property whether or not such property be lost or damaged, or; 2. by making use of merchandise or other property at the Insured Location or elsewhere; such reduction shall be taken into account in arriving at the amount of the loss hereunder. E. DEFINITIONS 1. GROSS EARNINGS “Gross Earnings” is defined as the sum of: a. total net sales and; b. other earnings derived from the operation of the business less the cost of; c. merchandise sold including packaging materials and; d. materials and supplies consumed directly in supplying the service(s) sold by the Named Insured, and; e. service(s) purchased from outside (not employees of the Named Insured) for resale that does not continue under contract. No other cost shall be deducted in determining gross earnings. In determining gross earnings, due consideration shall be given to the experience of the business before the date of loss or damage and the probable experience thereafter, had no loss occurred. In the event that Real and/or Personal Property that does not normally produce an income, sustains damage covered under this Policy, the actual recovery under this Policy shall be the continuing fixed charges and expenses directly attributable to such non-productive property. 2. MERCHANDISE Shall be understood to mean, goods kept for sale by the Named Insured, which are not the products of manufacturing operations conducted by the Named Insured. 3. EXTRA EXPENSE The term “extra expense”, whenever used in this Policy, is defined as the excess (if any) of the total cost incurred during the period of restoration chargeable to the operation of the Named Insured’s business over and above the total cost that would normally have been incurred to conduct the business during the same period had no damage or destruction occurred. Any salvage value of property obtained for temporary use during the period of restoration, which remains after the resumption of normal operations, shall be taken into consideration in the adjustment of any loss hereunder. 23 Public Entity Property Insurance Program (PEPIP) Form No.19 Page 23 of 74 4. RENTAL VALUE The term “rental value” is defined as the sum of: a. the total anticipated gross rental income from tenant occupancy as furnished and equipped by the Named Insured, and; b. the amount of all charges which are the legal obligation of the tenant(s) and which would otherwise be obligations of the Named Insured, and; c. the fair rental value of any portion of said property which is occupied by the Named Insured, and; d. any amount in excess of a., b. and c. (above) which is an obligation due under the terms and conditions of any revenue bond, certificate of participation or other financial instrument. In determining rental value, due consideration shall be given to the experience before the date of loss or damage and the probable experience thereafter had no loss occurred. 5. PERIOD OF RESTORATION The period during which business interruption, extra expense, and or rental interruption applies will begin on the date direct physical loss occurs and interrupts normal business operations and ends on the date that the damaged property would have been repaired, rebuilt or replaced with due diligence and dispatch, but not limited by the expiration of this Policy. 6. CLOUD COMPUTING SERVICE The term Cloud Computing Service means a service (i) in the business of storing, managing and processing electronic data for which the Insured has a written contract and (ii) that provides access to and use of: software and/or a network of remote servers hosted away from an Insured Location to store, manage or process such data. Public Entity Property Insurance Program (PEPIP) Form No.19 Page 24 of 74 SECTION IV GENERAL CONDITIONS A. PERILS COVERED Subject to the terms, conditions and exclusions stated elsewhere herein, this Policy provides insurance against all risk of direct physical loss or damage occurring during the period of this Policy. B. EXCLUSIONS This Policy does not insure against any of the following: 1. Loss or damage caused by or resulting from moths, vermin, termites, or other insects, inherent vice, latent defect, faulty materials, error in design, faulty workmanship, wear, tear or gradual deterioration, rust, corrosion, wet or dry rot, unless physical loss or damage not otherwise excluded herein ensues and then only for such ensuing loss or damage. 2. Physical loss or damage by settling, cracking, shrinkage, bulging, or expansion of pavements, foundations, walls, floors, roofs or ceilings; all unless physical damage not otherwise excluded by this Policy ensues, in which event, this Policy will cover only such ensuing damage. 3. Delay or loss of markets (this exclusion shall be inapplicable to the extent inconsistent with any time element coverage provided elsewhere herein). 4. Breakdown or derangement of machinery and/or steam boiler explosion, unless physical loss or damage not otherwise excluded herein ensues and then only for such ensuing loss. 5. Loss or damage caused by or resulting from misappropriation, conversion, inventory shortage, unexplained disappearance, infidelity or any dishonest act on the part of the Named Insured, it’s employees or agents or others to whom the property may be entrusted (bailees and carriers for hire excepted) or other party of interest. 6. Loss or damage caused by or resulting from electrical injury or disturbance from artificial causes to electrical appliances, devices of any kind or wiring, unless physical loss or damage not otherwise excluded herein ensues and then only for such ensuing loss. This exclusion does not apply to data processing equipment or media. 7. Loss or damage to personal property resulting from shrinkage, evaporation, loss of weight, leakage, breakage of fragile articles, marring, scratching, exposure to light or change in color, texture or flavor, unless such loss is caused directly by fire or the combating thereof, lightning, windstorm, hail, explosion, strike, riot, or civil commotion, aircraft, vehicles, breakage of pipes or apparatus, sprinkler leakage, vandalism and malicious mischief, theft, attempted theft, flood or earthquake shock (Earthquake Shock, and Flood, in the states of Alaska, or California shall only apply to locations that are scheduled for Earthquake Shock and Flood). 8. Loss or damage caused by rain, sleet or snow to personal property in the open (except in the custody of carriers or bailees for hire). 9. Loss caused directly or indirectly, by: Public Entity Property Insurance Program (PEPIP) Form No.19 Page 25 of 74 a. War, hostile or warlike action in time of peace or war, including action in hindering, combating or defending against an actual, impending or expected attack i. by any government or sovereign power (de jure or de facto), or by any authority maintaining or using military, naval or air forces; or ii. by military, naval or air forces; or iii. by an agent of any such government, power, authority or forces; b. any weapon of war employing atomic fission or radioactive force whether in time of peace or war; c. insurrection, rebellion, revolution, civil war, usurped power, or action taken by governmental authority in hindering, combating or defending against such an occurrence, seizure or destruction under quarantine or customs regulations, confiscation by order of any government or public authority, or risks of contraband or illegal transportation or trade. 10. Nuclear reaction or nuclear radiation or radioactive contamination from any cause, all whether direct or indirect, controlled or uncontrolled, proximate or remote, or is contributed to or aggravated by a Covered Cause of Loss. However: a. If fire not otherwise excluded results, the Company shall be liable for the direct physical loss or damage by such resulting fire, but not including, any loss or damage due to nuclear reaction, nuclear radiation, or radioactive contamination, and b. This Policy does insure against physical loss or damage caused by sudden and accidental radioactive contamination, including resultant radiation damage, from material used or stored or from processes conducted on an Insured Location, provided that, at the time of such loss or damage, there is neither a nuclear reactor nor any new or used nuclear fuel on an Insured Location. 11. As respects course of construction, the following exclusions shall apply: a. The cost of making good: faulty or defective workmanship, materials, construction and/or design, but this exclusion shall not apply to damage by a peril not excluded resulting from such faulty or defective workmanship, materials, construction and/or design. b. The cost of non-compliance of, or delay in completion of contract. c. The cost of non-compliance with contract conditions. d. Contractors’ equipment or tools not a part of or destined to become a part of the installation. 12. Loss or damage caused by Earthquake Shock unless a limit is shown on the Declarations for Earthquake Shock this exclusion will apply. 13. Loss or damage caused by Flood unless a limit is shown on the Declarations for Flood this exclusion will apply. 14. Loss, damage, cost, claim or expense, whether preventative, remedial or otherwise, directly or indirectly arising out of or relating to: Public Entity Property Insurance Program (PEPIP) Form No.19 Page 26 of 74 a. the recognition, interpretation, calculation, comparison, differentiation, sequencing or processing of data involving one or more dates or times, by any computer system, hardware, program or software, or any microchip, integrated circuit or similar device in computer equipment or non-computer equipment, whether the property of the Named Insured or not; or b. any change, alteration, correction or modification involving one or more dates or times, to any such computer system, hardware, program or software, or any microchip, integrated circuit or similar device in computer equipment or non- computer equipment, whether the property of the Named Insured or not. Except as provided in the next paragraph, this Electronic Date Recognition Clause shall apply regardless of any other cause or event that contributes concurrently or in any sequence to the loss, damage, cost, claim or expense. If direct physical loss or damage not otherwise excluded by this Policy results, then subject to all its terms and conditions, this Policy shall be liable only for such resulting loss or damage. Such resulting loss or damage shall not include physical loss or damage to data resulting directly from a) or b) above, nor the cost, claim or expense, whether preventative, remedial, or otherwise, arising out of or relating to any change, alteration, correction or modification relating to the ability of any damaged computer system, hardware, program or software, or any microchip, integrated circuit or similar device in computer equipment or non-computer equipment to recognize, interpret, calculate, compare, differentiate sequence or process any data involving one or more dates or times. 15. Loss or damage in the form of, caused by, arising out of, contributed to, or resulting from fungus, mold(s), mildew or yeast; or any spores or toxins created or produced by or emanating from such fungus, mold(s), mildew or yeast; a. fungus includes, but is not limited to, any of the plants or organisms belonging to the major group fungi, lacking chlorophyll, and including mold(s), rusts, mildews, smuts and mushrooms; b. mold(s) includes, but is not limited to, any superficial growth produced on damp or decaying organic matter or on living organisms, and fungi that produce mold(s); c. spores means any dormant or reproductive body produced by or arising or emanating out of any fungus, mold(s), mildew, plants, organisms or microorganisms, regardless of any other cause or event that contributes concurrently or in any sequence to such loss. This exclusion shall not apply to any loss or damage in the form of, caused by, contributed to or resulting from fungus, mold(s), mildew or yeast, or any spores or toxins created or produced by or emanating from such fungus, mold(s), mildew or yeast which the Insured establishes is a direct result of a Covered Loss not otherwise excluded by the Policy, provided that such fungus, mold(s), mildew or yeast loss or damage is reported to the Company within twelve months from the expiration date of the Policy. In accordance with Section IV, Item T., Other Insurance, coverage provided under this paragraph shall not attach or become insurance upon any property which at the time of loss is more specifically described and covered under any other policy form until the liability of such other insurance has first been exhausted and shall then cover only the excess of value of such property over and above the amount payable under such other insurance, whether collectible or not. Nothing herein contained shall be held to waive, vary, alter or extend any condition or provision of the Policy other than as above stated. Public Entity Property Insurance Program (PEPIP) Form No.19 Page 27 of 74 16. Loss, damage, cost or expense of whatsoever nature directly or indirectly caused by, resulting from or in connection with the actual or threatened malicious use of pathogenic or poisonous biological or chemical materials regardless of any other cause or event contributing concurrently or in any other sequence thereto. 17. The following additional exclusions apply to animals covered under this Policy: a. Death of any animal(s) from natural causes. b. Death of any animal(s) that dies from an unknown cause unless: i. upon the death of such animal a post-mortem examination conducted on the animal by a licensed veterinarian, and if ii. the veterinarian’s post-mortem report shows the cause of death to clearly fall within the coverages of this Policy. c. Death of any animal(s) as a result of surgical operation, including inoculation, unless the necessity for same arises from a loss otherwise covered by this Policy. d. The death or destruction of any animal(s) caused by, resulting from, or made necessary by physical injury caused by or resulting from the activities of the injured animal or other animals unless such death or destruction is the result of a loss otherwise covered by this Policy. e. The death of any animal(s) caused directly or indirectly by the neglect or abuse of the Named Insured, his agent, employees or bailees (carriers for hire excepted) unless such death is a result of a loss otherwise covered by this Policy. f. The loss by death of any animal(s) as a result of parturition or abortion. g. Loss resulting from depreciation in value caused by any animal(s) covered hereunder becoming unfit for or incapable of filling the function or duties for which it is kept, employed or intended unless such depreciation is a result of a loss otherwise covered by this Policy. h. Loss by destruction of any animal(s) on the order of the federal or any state government, or otherwise as a result of having contracted or been exposed to any contagious or communicable disease. i. The removal or disposal of the remains of any animal(s) or the expense thereof unless such removal or disposal is the result of a loss otherwise covered by this Policy. j. The loss of any animal(s) that has been unnerved (the term “unnerved” to be considered as meaning the operation of neurotomy for lameness). k. Any claim consequent upon delay, deterioration, or loss of use or loss of market arising from an event covered by this Policy. 18. Loss, damage, costs or expenses in connection with any kind or description of seepage and/or pollution and/or contamination, direct or indirect, arising from any cause whatsoever, except as provided in Section II Property Damage, B. Extension of Coverage, 21. Accidental Contamination. Public Entity Property Insurance Program (PEPIP) Form No.19 Page 28 of 74 Nevertheless, if fire is not excluded from this Policy and a fire arises directly or Indirectly from seepage and/or pollution and/or contamination, any loss or damage covered under this Policy arising directly from that fire shall (subject to the terms, conditions and limitations of the Policy) be covered. However, if the covered property is the subject of direct physical loss or damage for which the Company has paid or agreed to pay, then this Policy (subject to its terms, conditions and limitations) insures against direct physical loss or damage to the property covered hereunder caused by resulting seepage and/or pollution and/or contamination. The Named Insured shall give notice to the Company of intent to claim NO LATER THAN TWELVE (12) MONTHS AFTER THE DATE OF THE ORIGINAL PHYSICAL LOSS OR DAMAGE. Notwithstanding the provisions of the preceding exclusions or any provision respecting seepage and/or pollution and/or contamination, and/or debris removal and/or cost of clean up in the Policy, in the event of direct physical loss or damage to the property covered hereunder, this Policy (subject otherwise to its terms, conditions and limitations, including but not limited to any applicable deductible) also insures, within the sum covered: (a) expenses reasonably incurred in removal of debris of the property hereunder destroyed or damaged from an Insured Location; and/or; (b) cost of clean up at an Insured Location made necessary as a result of such direct physical loss or damage; PROVIDED that this Policy does not insure against the costs of decontamination or removal of water, soil or any other substance on or under such premises. 19. Authorities Exclusion: Fines, penalties or cost incurred or sustained by the Named Insured or imposed on the Named Insured at the order of any Government Agency, Court or other Authority, in connection with any kind or description of environmental impairment including seepage or pollution or contamination from any cause. 20. The following exclusion applies to Terrorism: Any act of terrorism. An act of terrorism means an act, including but not limited to the use of the force or violence and/or the threat thereof, of any person or group(s) of persons, whether acting alone or on behalf of or in connection with any organization(s) or government(s), committed for political, religious, ideological or similar purpose including the intention to influence any government and/or to put the public, or any section of the public, in fear. This Policy also excludes loss, damage, cost or expense of whatsoever nature directly or indirectly caused by, resulting from or in connection with any action taken in controlling, preventing, suppressing or in any way relating to the paragraph above. If the Company allege that by reason of this exclusion, any loss, damage, cost or expense is not covered by this insurance the burden of proving the contrary shall be upon the Named Insured. In the event any portion of this exclusion is found to be invalid or unenforceable, the remainder shall remain in full force and effect. All other terms and conditions remain unaltered. Public Entity Property Insurance Program (PEPIP) Form No.19 Page 29 of 74 21. Lack of the following services: a. incoming electricity, fuel, gas, water, steam or refrigeration; b. outgoing sewerage; or c. incoming or outgoing data, voice or video service; all when caused by loss or damage to any property outside Insured Location(s). However, the above do not apply to Off Premises Service Interruption. 22. For buildings that are purchased, acquired or leased with the following conditions existing at the time of acquisition: a. Building or any part of a building that is in danger of falling down or caving in, or b. Any part of a building that has separated from another part of the building. Loss or damage arising out of the above conditions is excluded; However, the Company does cover loss or damage arising out of Collapse. Collapse means an abrupt falling down or caving in of a building or any part of a building with the result that the building or part of the building cannot be occupied for its current intended purpose. C. STATUTES If any of the articles of this Policy conflict with the laws or statutes of any jurisdictions in which this Policy applies this Policy is amended to conform to such laws or statutes. D. TERRITORIAL LIMITS This Policy insures Real and Personal Property within the United States of America. Personal Property is extended to Worldwide coverage. The coverage provided by this clause for Personal Property is sub-limited to USD as per Declaration Page. E. REINSTATEMENT Any reduction in the amount insured hereunder due to payment of any loss or losses shall be automatically reinstated for the balance of the term of this contract except as respects to the perils of Earthquake Shock and Flood. F. FREE ON BOARD (F.O.B.) SHIPMENTS The Company shall be liable for the interest of the Named Insured at sole option of the Named Insured, the interest of the consignee in merchandise, which has been sold by the Named Insured under terms of F.O.B. point of origin or other terms usually regarded as terminating shippers’ responsibility short of point of delivery. G. BREACH OF CONDITIONS If any breach of a clause, condition or warranty of this Policy shall occur prior to a loss affected thereby under this Policy, such breach shall not void the Policy nor avail the Company to avoid liability unless such breach shall exist at the time of such loss under this contract or Policy, and be a contributing factor to the loss for which claim is presented hereunder, it being understood that such breach of clause or condition is applicable only to the property affected thereby. Notwithstanding the foregoing, if the Named Insured establishes that the breach, whether contributory or not, occurred Public Entity Property Insurance Program (PEPIP) Form No.19 Page 30 of 74 without its knowledge or permission or beyond its control, such breach shall not prevent the Named Insured from recovering under this Policy. H. PERMITS AND PRIVILEGES Anything in the printed conditions of this Policy to the contrary notwithstanding, permission is hereby granted: 1. to maintain present hazards and hazards which are consistent with the current operation of insured facilities; 2. to make additions, alterations, extensions, improvements and repairs, to delete, demolish, construct and reconstruct, and also to include all materials, equipment and supplies incidental to the foregoing operations of the property covered hereunder, while in, on and/or about the premises or adjacent thereto; 3. for such use of the premises as usual and/or incidental to the business as conducted therein and to keep and use all articles and materials usual and/or incidental to said business in such quantities as the exigencies of the business require; 4. If a vacant location has not been reported as part of the Named Insured(s) schedule of values held on file with Alliant Insurance Services, Inc., the coverage provided by this clause is sub-limited to the Miscellaneous Unnamed Location – Vacant and Automatic Acquisition – Vacant Sub-limit of USD as per Declaration Page. 5. The Insured has permission to cease business operations or to have any insured building reported as part of the Named Insured(s) schedule of values held on file with Alliant Insurance Services, Inc., remain vacant, provided that fire protection, security and alarm services are maintained and written notice is given to the Company prior to the one-hundred twentieth (120th) consecutive day of cessation of business operations, or vacancy. The insured building is considered vacant when: a. Such building does not contain adequate Insured Property to conduct customary business operations; or b. Such building is no longer used by the Insured, a lessee or a sub-lessee to conduct customary business operations; or c. 70% or more of its total square footage is “vacant”; In the event that the Insured does not have and/or does not maintain the fire protection, security and alarm systems at the vacant building(s) or does not provide written notice to the Company prior to the one-hundred twentieth (120th) consecutive day of cessation of business operations or vacancy, the maximum amount recoverable shall not be more than 120% of the amount reported on the schedule of values held on file with Alliant Insurance Services, Inc. for that location. Any Increased Cost of Construction coverage for such reported vacant buildings is sub-limited to the value shown on the Declarations Page and shall be calculated as the increased cost of, and the additional period of time required for, repair or replacement caused by the enforcement of any ordinance or law (including written guidelines used by the department of corrections in any state) regulating the construction, repair or demolition of buildings or structures, which is in force at the time such a loss occurs. Public Entity Property Insurance Program (PEPIP) Form No.19 Page 31 of 74 provided however, this provision shall not apply to any time period when customary business operations are suspended due to circumstances that are usual to such business operations. This Policy shall not be prejudiced by: 1. any error in stating the name, number, street, or location of any building(s) and contents covered hereunder, or any error or omission involving the name or title of the Named Insured; 2. any act or neglect of the owner of the building, if the Named Insured hereunder is not the owner, or of any occupant of the within described premises other than the Named Insured, when such act or neglect is not within the control of the Named Insured, named herein; or 3. by failure of the Named Insured to comply with any of the warranties or conditions endorsed hereon in any portion of the premises over which the Named Insured has no control. I. PROTECTIVE SAFEGUARDS The Named Insured shall exercise due diligence in maintaining in complete working order all protective safeguard equipment and services. J. NO BENEFIT TO BAILEE This Policy shall in no way inure directly or indirectly to the benefit of any carrier or other bailee. K. NOTICE OF LOSS In the event of loss or damage insured against under this Policy, the Named Insured shall give notice thereof to ALLIANT INSURANCE SERVICES, INC., 560 Mission Street, 6th Floor, San Francisco, CA 94105. TEL NO. (877) 725-7695, FAX NO. (415) 403-1466 of such loss. Such notice is to be made as soon as practicable after the inception of loss. L. ARBITRATION OF VALUE If the Named Insured and the Company fail to agree as to the amount of loss, each shall on the written demand of other, made within sixty (60) days after receipt of proof of loss by the Company, select a competent and disinterested appraiser, and the appraisal shall be made at a reasonable time and place. The appraisers shall first select a competent and disinterested umpire, and failing for fifteen (15) days to agree upon such umpire, then on the request of the Named Insured or the Company, such umpire shall be selected by a judge of a court of record in the state in which such appraisal is pending. The appraisers shall then appraise the loss, stating separately the fair market value at the time of loss and the amount of loss, and failing to agree shall submit their differences to the umpire. An award in writing of any two shall determine the amount of loss. The Named Insured and the Company shall each pay their chosen appraiser and shall bear equally the other expenses of the appraisal and umpire. The Named Insured shall not be held to have waived any of its rights by any act relating to appraisal. M. PROOF OF LOSS The Named Insured shall render a signed and sworn proof of loss as soon as practical after the occurrence of a loss, stating the time, place and cause of loss, the interest of the Named Insured and of all others in the property, the value thereof and the amount of loss or damage thereto. Public Entity Property Insurance Program (PEPIP) Form No.19 Page 32 of 74 N. SETTLEMENT OF LOSS All adjusted claims shall be paid or made good to the Named Insured within thirty (30 days after presentation and acceptance of satisfactory proof of interest and loss at the office of the Company. No loss shall be paid or made good if the Named Insured has collected the same from others. O. SUBROGATION In the event of any loss payment under this Policy, the Company, shall be subrogated to all the Named Insured’s rights of recovery thereof against any person or organization and the Named Insured shall execute and deliver instruments and papers and do whatever else is necessary to secure such rights. As respects subrogation it is agreed that, after expenses incurred in subrogation are deducted, the Named Insured and the Company shall share proportionately to the extent of their respective interests as determined by the amount of their net loss. Any amount thus found to be due to either party from the other shall be paid promptly. Notwithstanding the above wording, the Named Insured has the right to enter into an agreement that releases or waives the Named Insured’s right to recovery against third parties responsible for the loss if made before the loss occurred. P. CANCELLATION This Policy may be cancelled by the Named Insured at any time by written notice or surrender of this Policy. This Policy may also be cancelled by or on behalf of the Company by delivering to the Named Insured or by mailing to the Named Insured, by registered, certified or other first class mail at the Named Insured’s address as shown in this Policy, written notice, not less than ninety (90) days prior to the effective date of cancellation. The mailing of such notice as aforesaid shall be sufficient proof and this Policy and shall terminate at the date and hour specified in such notice. Notwithstanding what has been stated above, however, should this Policy be cancelled for non-payment of assessment, the Company shall only be required to give the Named Insured ten (10) days’ notice. If this insurance in total shall be cancelled by the Named Insured, the Company shall retain the customary short rate proportion of the premium hereon. If the Company elects to cancel coverage mid-term, then such cancellation shall be handled on a pro-rata basis without short rate penalty. In the event of cancellation the aggregate retention and specific limit amount shall be applied pro rata with the balance, if any, to be paid to the Named Insured. Payment or tender of any unearned premium by the Company shall not be condition precedent to the effectiveness of cancellation but such payment shall be made forthwith. Cancellation shall not affect coverage on any shipment in transit on date of cancellation. Coverage will continue in full force until such property is safely delivered and accepted at place of final destination. It is understood and agreed that if the Named Insured cancels this Policy, the Policy is subject to 25% minimum earned premium regardless of the length of time coverage is in force. Q. ABANDONMENT There shall be no abandonment to the Company of any property. Public Entity Property Insurance Program (PEPIP) Form No.19 Page 33 of 74 R. ASSIGNMENT Assignment or transfer of this Policy shall not be valid except with the written consent of the Company. S. SALVAGE When, in connection with any loss hereunder, any salvage is received prior or subsequent to the payment of such loss, the loss shall be figured on the basis on which it would have been settled had the amount of salvage been known at the time the loss was originally determined. The salvage value will be deducted from the claim or returned to the Company. T. OTHER INSURANCE Permission is hereby granted to the Named Insured to carry more specific insurance on any property covered under this Policy. This Policy shall not attach or become insurance upon any property which at the time of loss is more specifically described and covered under any other policy form until the liability of such other insurance has first been exhausted and shall then cover only the excess of value of such property over and above the amount payable under such other insurance, whether collectible or not. This Policy, subject to its conditions and limitations, shall attach and become insurance upon such property as respects any peril not covered by such other insurance and not otherwise excluded herein. In the event of a loss that is covered by other insurance, wherein this Policy is excess of any amount paid by such other insurer, the other insurance shall be applied to the deductible amount stated elsewhere. Should the amount paid by such other insurance exceed these deductibles, no further deductibles shall be applied under this Policy. U. EXCESS INSURANCE Permission is granted for the Named Insured to maintain excess insurance over the limit of liability set forth in this Policy without prejudice to this Policy and the existence of such insurance, if any, shall not reduce any liability under this Policy. Also it is understood and agreed as respects earthquake shock or flood, that in the event of reduction or exhaustion of the aggregate limits of liability under the underlying Policy(s) by reason of loss(es) hereunder, this Policy shall: 1. in the event of reduction, pay out excess of the reduced underlying limit and; 2. in the event of exhaustion, continue in force as the underlying Policy. V. RIGHT TO REVIEW RECORDS FOLLOWING AN INSURED LOSS The Named Insured as often as may be reasonably required, shall submit and so far as within their power, cause all other persons interested in the property or employees to submit to examination under oath by any person named by the Company relative to any and all matters in connection with a claim, and produce for examination all books of account, bills, invoices and other vouchers or certified copies thereof if originals be lost, at such reasonable time and place as may be designated by the Company or their representatives and shall permit extracts and copies thereof to be made. Public Entity Property Insurance Program (PEPIP) Form No.19 Page 34 of 74 W. CONCEALMENT AND FRAUD This entire Policy shall be void, if whether before or after a loss, the Named Insured has willfully concealed or misrepresented any material facts or circumstance concerning this Policy of the subject thereof, or the interest of the Named Insured therein, or in case of any fraud or false swearing by the Named Insured relating thereto. X. FULL WAIVER The terms and conditions of this form and any approved endorsements supersede any policy jacket that may be attached hereto. Y. SUIT AGAINST COMPANY No suit, action or proceeding for the recovery of any claim under this Policy shall be sustainable in any court of law or equity unless the Named Insured shall have complied with all the requirements of this Policy, nor unless the suit is commenced within twelve (12) months after the date that the Company has made its final offer of settlement or denial of the loss. However, that if under the laws of the jurisdiction in which the property is located such limitation is invalid, then any such claims shall be void unless such action, suit or proceedings be commenced within the shortest limit of time permitted by the laws of such jurisdiction. Z. JOINT LOSS ADJUSTMENT – BOILER AND MACHINERY In the event of damage to or destruction of property, at a location designated in this Policy and also designated in a boiler and machinery insurance policy, and there is a disagreement between the Company and the Named Insured with respect to: (i) Whether such damage or destruction was caused by a peril covered against by this Policy or by an accident covered against by such boiler and machinery insurance policy(ies) or; (ii) The extent of participation of this Policy and of such boiler and machinery insurance policy in a loss that is covered against, partially or wholly, by one or all of said policy(ies). The Company shall, upon written request of the Named Insured, pay to the Named Insured one-half of the amount of the loss which is in disagreement, but in no event more than the Company would have paid if there had been no boiler and machinery insurance policy(ies) in effect, subject to the following conditions: (i) The amount of loss which is in disagreement after making provisions for any undisputed claims payable under the said policy(ies) and after the amount of the loss is agreed by the Named Insured and the Boiler and Machinery Insurer and the Company is limited to the minimum amount remaining payable under either the boiler and machinery insurance policy(ies). (ii) The boiler and machinery insurer(s) shall simultaneously pay to the Named Insured, one-half of the said amount, which is in disagreement. (iii) The payments by the Company and acceptance of the same by the Named Insured signify the agreement of the Company to submit to and proceed with arbitration within ninety (90) days of such payments: Public Entity Property Insurance Program (PEPIP) Form No.19 Page 35 of 74 The arbitrators shall be three (3) in number, one of whom shall be appointed by the boiler insurer(s) and one of whom shall be appointed by the Company hereon and the third appointed by consent of the other two, and the decision by the arbitrators shall be binding on the insurer(s) and the Named Insured and that judgment upon such award may be entered in any court of competent jurisdiction. (iv) The Named Insured agrees to cooperate in connection with such arbitration but not to intervene therein. (v) This agreement shall be null and void unless the Policy of the boiler and machinery Insurer is similarly endorsed. In no event shall an Insurer be obligated to pay more than their total single limit. AA. JOINT LOSS ADJUSTMENT – EXCESS PROPERTY In the event of damage to or destruction of property at a location designated in this Policy and also designated in an excess insurance policy(ies) and if there is disagreement between the insurers with respect to: (1) whether such damage or destruction was caused by a single event or by multiple events or; (2) the extent of participation of this Policy and any excess insurance policy in a loss covered against partially or wholly, by one of said Policy or policy(ies). The Company shall, upon written request of the Named Insured, pay to the Named Insured one-half of the amount of the loss which is in disagreement, but in no event more than the Company would have paid if there had been no excess insurance or policy(ies) in effect, subject to the following conditions: (1) the amount of loss which is in disagreement after making provisions for any undisputed claims payable under the said policy(ies) and after the amount of the loss is agreed by the Named Insured and the Company is limited to the minimum amount remaining payable under either the primary insurance policy or excess insurance policy(ies); (2) the excess insurers shall simultaneously pay to the Named Insured one-half of the said amount which is in disagreement, and; (3) the payments by the Company hereunder and acceptance of the same by the Named Insured signify the agreement of the Company to submit to and proceed with arbitration within ninety (90) days of such payments. The arbitrators shall be three (3) in number, one of whom shall be appointed by the excess insurer(s) and one of whom shall be appointed by the Company and the third appointed by consent of the other two, and the decision by the arbitrators shall be binding on the Company and the Named Insured, and that judgment upon such award may be entered in any court of competent jurisdiction. (4) The Named Insured agrees to cooperate in connection with such arbitration but not to intervene therein. Public Entity Property Insurance Program (PEPIP) Form No.19 Page 36 of 74 AB. LENDER’S LOSS PAYABLE The following provisions (or equivalent) apply as required by “mortgages” and “lenders” to whom certificates of coverage have been issued. 1. Loss or damage, if any, under this Policy, shall be paid to the Payee named on the first page of this Policy, its successors and assigns, hereinafter referred to as “the Lender”, in whatever form or capacity its interests may appear and whether said interest be vested in said Lender in its individual or in its disclosed or undisclosed fiduciary or representative capacity, or otherwise, or vested in a nominee or trustee of said Lender. 2. The insurance under this Policy, or any rider or endorsement attached thereto, as to the interest only of the Lender, its successors and assigns, shall not be invalidated nor suspended: (a) by any error, omission, or change respecting the ownership, description, possession, or location of the subject of the insurance or the interest therein, or the title thereto; (b) by the commencement of foreclosure proceedings or the giving of notice of sale of any of the property covered by this Policy by virtue of any mortgage or trust deed; (c) by any breach of warranty, act, omission, neglect, or non-compliance with any of the provisions of this Policy, including any and all riders now or hereafter attached thereto, by the Named Insured, the borrower, mortgagor, trustor, vendee, owner, tenant, warehouseman, custodian, occupant, or by the agents of either or any of them or by the happening of any event permitted by them or either of them, or their agents, or which they failed to prevent, whether occurring before or after the attachment of this endorsement, or whether before or after a loss, which under the provisions of this Policy of insurance or of any rider or endorsement attached thereto would invalidate or suspend the insurance as to the Named Insured, excluding here from, however, any acts or omissions of the Lender while exercising active control and management of the property. 3. In the event of failure of the Named Insured to pay any premium or additional premium which shall be or become due under the terms of this Policy or on account of any change in occupancy or increase in hazard not permitted by this Policy, the Company agrees to give written notice to the Lender of such non-payment of premium after sixty (60) days from and within one hundred and twenty (120) days after due date of such premium and it is a condition of the continuance of the rights of the Lender hereunder that the Lender when so notified in writing by this Company of the failure of the Named Insured to pay such premium shall pay or cause to be paid the premium due within ten (10) days following receipt of the Company’s demand in writing therefore. If the Lender shall decline to pay said premium or additional premium, the rights of the Lender under this Lender’s Loss Payable Endorsement shall not be terminated before ten (10) days after receipt of said written notice by the Lender. 4. Whenever the Company shall pay to the Lender any sum for loss or damage under this Policy and shall claim that as to the Named Insured no liability therefore exists, the Company, at its option, may pay to the Lender the whole principal sum and interest and other indebtedness due or to become due from the Named Insured, whether secured or unsecured, (with refund of all interest not accrued), and the Company, to the extent of such payment, shall thereupon receive a full assignment and transfer, without recourse, of the debt and all rights and securities held as collateral thereto. Public Entity Property Insurance Program (PEPIP) Form No.19 Page 37 of 74 5. If there be any other insurance upon the within described property, the Company shall be liable under this Policy as to the Lender for the proportion of such loss or damage that the sum hereby insured bears to the entire insurance of similar character on said property under policies held by, payable to and expressly consented to by the Lender. Any Contribution Clause included in any Fallen Building Clause Waiver or any Extended Coverage Endorsement attached to this contract of insurance is hereby nullified, and also any Contribution Clause in any other endorsement or rider attached to this contract of insurance is hereby nullified except Contribution Clauses for the compliance with which the Named Insured has received reduction in the rate charged or has received extension of the coverage to include hazards other than fire and compliance with such Contribution Clause is made a part of the consideration for insuring such other hazards. The Lender upon the payment to it of the full amount of its claim, will subrogate the Company (pro rata with all other insurers contributing to said payment) to all of the Lender’s rights of contribution under said other insurance. 6. The Company reserves the right to cancel this Policy at any time, as provided by its terms, but in such case this Policy shall continue in force for the benefit of the Lender for ten (10) days after written notice of such cancellation is received by the Lender and shall then cease. 7. This Policy shall remain in full force and effect as to the interest of the Lender for a period of ten (10) days after its expiration unless an acceptable policy in renewal thereof with loss there under payable to the Lender in accordance with the terms of this Lender’s Loss Payable Endorsement, shall have been issued by some insurance company and accepted by the Lender. 8. Should legal title to and beneficial ownership of any of the property covered under this Policy become vested in the Lender or its agents, insurance under this Policy shall continue for the term thereof for the benefit of the Lender but, in such event, any privileges granted by this Lender’s Loss Payable Endorsement which are not also granted the Named Insured under the terms and conditions of this Policy and/or under other riders or endorsements attached thereto shall not apply to the insurance hereunder as respects such property. 9. All notices herein provided to be given by the Company to the Lender in connection with this Policy and this Lender’s Loss Payable Endorsement shall be mailed to or delivered to the Lender at its office or branch described on the first page of the Policy. Approved: Board of Fire Underwriters of the Pacific; California Bankers’ Association – Committee on Insurance AC. SEVERAL LIABILITY NOTICE The subscribing insurers’ obligations under contracts of insurance to which they subscribe are several, not joint and are limited solely to the extent of their individual subscriptions. The subscribing insurers are not responsible for the subscription of any co-subscribing insurer who for any reason does not satisfy all or part of its obligations. AD. LOSS PAYABLE PROVISIONS A. LOSS PAYABLE For covered property in which both insured and a Loss Payee have an insurable interest, the Company will: 1. Adjust losses with the Named Insured, and; Public Entity Property Insurance Program (PEPIP) Form No.19 Page 38 of 74 2. Pay any claim for loss or their damage jointly to the Named Insured and the Loss Payee, as interests may appear. B. LENDER’S LOSS PAYABLE 1. The Loss Payee is a creditor, including a mortgage holder or trustee, whose interest in Covered Property is established by such written instruments as: a. Warehouse receipts; b. A contract for deed; c. Bills of lading; d. Financing statements or; e. Mortgages, deeds of trust or security agreements. 2. For Covered Property in which both the Named Insured and a Loss Payee have an insurable interest: a. The Company will pay for covered loss or damage to each Loss Payee in their order of precedence, as interests may appear. b. The Loss Payee has the right to receive loss payment even if the Loss Payee has started foreclosure or similar action on the Covered Property. c. If the Company deny the Named Insured claim because of the insured act or because the Named Insured have failed to comply with the terms of the Coverage Part, the Loss Payee will still have the right to receive loss payment if the Loss Payee: (1) Pays any premium due under this Coverage Part at the Company’s request if the Named Insured have failed to do so; (2) Submits a signed, sworn proof of loss within ninety (90) days after receiving notice from the Company of the Named Insured failure to do so, and; (3) Has notified the Company of any change in ownership, occupancy or substantial change in risk known to the Loss Payee. All of the terms of this Coverage Part will then apply directly to the Loss Payee. d. If the Company pays the Loss Payee for any loss or damage and deny payment to the Named Insured because of the Named Insured acts or because the Named Insured have failed to comply with the terms of this Coverage Part: (1) The Loss Payee’s rights will be transferred to the Company to the extent of the amount the Company pays and; (2) The Loss Payee’s rights to recover the full amount of the Loss Payee’s claim will not be impaired. At the Company’s option, the Company may pay to the Loss Payee the whole principal on the debt plus any accrued interest. In this event, the Named Insured will pay the insureds’ remaining debt to the Company 3. If the Company cancels this Policy, the Company will give written notice to the Loss Payee at least: Public Entity Property Insurance Program (PEPIP) Form No.19 Page 39 of 74 a. Ten (10) days before the effective date of cancellation if the Company cancels for the insured non-payment of premium or; b. Thirty (30) days before the effective date of cancellation if the Company cancels for any other reason. 4. If the Company elects not to renew this Policy, the Company will give written notice to the Loss Payee at least ten (10) days before the expiration date of this Policy. C. CONTRACT OF SALE 1. The Loss Payee is a person or organization the Named Insured have entered a contract with for the sale of Covered Property. 2. For Covered Property in which both the Named Insured and the Loss Payee have an insurable interest the Company will: a. Adjust losses with the Named Insured and; b. Pay any claim for loss or damage jointly to the Named Insured and the Loss Payee, as interests may appear. 3. The following is added to the OTHER INSURANCE Condition: For Covered Property that is the subject of a contract of sale, the word “the Insured” includes the Loss Payee. AE. LOSS ADJUSTMENT SERVICES McLarens Young, International, 180 Montgomery Street, Suite 2100, San Francisco, California 94104-4231 is hereby authorized to represent the Company in the investigation and adjustment of any loss or damage under this Policy at the expense of the Company and without regard to the amount of loss or damage and/or applicable deductible if any. However, the Company reserves the right to utilize other adjusting firms at its discretion. AF. SERVICE OF SUIT CLAUSE (USA) APPLICABLE TO EXCESS CARRIERS It is agreed that in the event of the failure of the Underwriters hereon to pay any amount claimed to be due hereunder, the Underwriters hereon, at the request of the Named Insured (or Reinsured), will submit to the jurisdiction of a Court of competent jurisdiction within the United States. Nothing in this Clause constitutes or should be understood to constitute a waiver of Underwriters' rights to commence an action in any Court of competent jurisdiction in the United States, to remove an action to a United States District Court, or to seek a transfer of a case to another Court as permitted by the laws of the United States or of any State in the United States. It is further agreed that service of process in such suit may be made upon: 1. Lloyd’s America Inc., Attention: Legal Department, 280 Park Avenue, East Tower, 25th Floor, New York, NY 10017 in respect of Insurers identified in Security Details section as “Lloyd’s Stamp:” followed by 4 digits. Mendes and Mount, 750 Seventh Avenue, New York, NY 10019-6829 are the nominee in respect of any non-Lloyd’s participation on this Contract. Public Entity Property Insurance Program (PEPIP) Form No.19 Page 40 of 74 Note FLWAService Corp, c/o Foley and Lardner LLP, 555 California Street, Suite 1700, San Francisco, CA 94104-1520 are the nominee for CA (applicable to all markets except as noted below) 2. Counsel, Legal Department, National Fire & Marine Insurance Company, 1314 Douglas Street, Suite 1400, Omaha, NE 68102-1944 3. XL Catlin Insurance Company UK Limited, LIRMA C7509: Sarah Mims, XL Global Services Inc., 505 Eagleview Boulevard, Exton, PA 19341 and that in any suit instituted against any one of them upon this contract, Underwriters will abide by the final decision of such Court or of any Appellate Court in the event of an appeal. The above-named are authorized and directed to accept service of process on behalf of Underwriters in any such suit and/or upon the request of the Insured (or Reinsured) to give a written undertaking to the Insured (or Reinsured) that they will enter a general appearance upon Underwriters' behalf in the event such a suit shall be instituted. Further, pursuant to any statute of any state, territory or district of the United States which makes provision therefore, Underwriters hereon hereby designate the Superintendent, Commissioner or Director of Insurance or other officer specified for that purpose in the statute, or his successor or successors in office, as their true and lawful attorney upon whom may be served any lawful process in any action, suit or proceeding instituted by or on behalf of the Insured (or Reinsured) or any beneficiary hereunder arising out of this contract of insurance (or reinsurance), and hereby designate the above-named as the person to whom the said officer is authorized to mail such process or a true copy thereof. NMA1998 (amended) AG. DEFINITIONS 1. OCCURRENCE Each occurrence is defined as a loss, incident or series of losses or incidents not otherwise excluded by this Policy and arising out of a single event or originating cause and includes all resultant or concomitant insured losses. When the term applies to loss or losses from earthquake shock, flood and/or windstorm, the following provisions shall apply: a. Windstorm Each loss by windstorm shall constitute a single claim hereunder; provided, if more than one windstorm shall occur within any period of seventy-two (72) hours during the term of this Policy, such windstorm shall be deemed to be a single windstorm within the meaning thereof. The Named Insured may elect the moment from which each of the aforesaid periods of seventy-two (72) hours shall be deemed to have commenced but no two such seventy-two (72) hour periods shall overlap. The Company shall not be liable for any loss occurring before the effective date and time of the Policy. The Company will be liable for any losses occurring for a period of up to seventy-two (72) hours after the expiration of this Policy provided that the first windstorm loss or damage within that seventy-two (72) hours occurs prior to the date and time of expiration of this Policy. In the event of there being a difference of opinion between the Named Insured and the Company as to whether or not all windstorm losses sustained by the Named Insured during an elected period of seventy-two (72) hours arose out of, or was caused by a single atmospheric disturbance, the stated opinion of the National Weather Service or comparable Authority in any other country or locality shall govern as to whether or Public Entity Property Insurance Program (PEPIP) Form No.19 Page 41 of 74 not a single atmospheric disturbance continued throughout the period at the location(s) involved. b. Flood Each loss by flood shall constitute a single loss hereunder. 1. If any flood occurs within a period of the continued rising or overflow of any river(s) or stream(s) and the subsidence of same within the banks of such river(s) or stream(s) or; 2. If any flood results from any tidal wave or series of tidal waves caused by any one disturbance; such flood shall be deemed to be a single occurrence within the meaning of this Policy. Should any time period referred to above extend beyond the expiration date of this Policy and commence prior to expiration, the Company shall pay all such flood losses occurring during such period as if such period fell entirely within the term of this Policy. The Company shall not be liable, however, for any loss caused by any flood occurring before the effective date and time of this Policy or commencing after the expiration date and time of this Policy. Flood shall mean a general condition of partial or complete inundation of normally dry land area from: 1. overflow of inland or tidal water; 2. unusual and rapid accumulation or run off of surface waters from any natural source. Flood shall also mean mudslide or mudflow, which is a river or flow of liquid mud caused by flooding as defined in 1. or 2. above. The definition of flood does not include ensuing loss or damage by fire, explosion, or sprinkler leakage. c. Flood Zone A and V Flood zones A and V as referenced in this Policy is defined by FEMA as being inclusive of all 100-year high risk flood areas. A one-hundred-year flood is a flood event that has a 1% probability of occurring in any given year. d. Earthquake Shock With respect to the peril of earthquake shock, any and all losses from this cause within a one hundred sixty-eight (168) hour period shall be deemed to be one loss. The Named Insured may elect the moment from which each of the aforesaid periods of one hundred sixty eight (168) hours shall be deemed to have commenced but no two such one hundred sixty eight (168) hour periods shall overlap. The Company shall not be liable for any loss caused by an earthquake shock occurring before the effective date and time of this Policy. The Company will be Public Entity Property Insurance Program (PEPIP) Form No.19 Page 42 of 74 liable for any losses occurring for a period of up to one hundred sixty eight (168) hours after the expiration of this Policy provided that the first earthquake shock loss or damage within that one hundred sixty eight (168) hours occurs prior to the date and time of the expiration of this Policy. In the event of there being a difference of opinion between the Named Insured and the Company as to whether or not all earthquake shock losses sustained by the Named Insured during an elected period of one hundred sixty eight (168) hours arose out of, or were caused by a single earthquake shock, the stated opinion of the National Earthquake Information Center of the United States Department of the Interior or comparable Authority in any other country or locality shall govern as to whether or not a single earthquake shock continued throughout the period at the locations involved. The term earthquake shock is defined as: earth movement meaning natural faulting of land masses, but not including subsidence, landslide, rock slide, earth rising, earth sinking, earth shifting or settling unless as a direct result of such earth movement. The definition of earthquake shock does not include ensuing loss or damage by fire, explosion or sprinkler leakage. Further Earthquake Sprinkler Leakage is covered outside of the “Earthquake Shock” definition and subject to the basic peril deductible. 2. PERSONAL PROPERTY OF OTHERS Means, any property (other than real property) belonging to others for which a Named Insured has assumed liability. This includes but is not limited to: • Articles of Clothing • Jewelry • Sound Equipment • Fine Arts (up to the sub-limit of unscheduled fine arts) • EDP Media and Hardware • Valuable Papers • Portable Electronic Equipment • Employee Tools 3. IMPROVEMENTS AND BETTERMENTS Means, additions or changes made by a Named Insured / lessee at their own expense to a building they are occupying that enhance the building’s value. 4. INSURED LOCATION(S) means: 1. The location(s) within the Coverage Territory described in the most recent Statement of Values held on file with the Alliant Insurance Services, Inc., Miscellaneous Unnamed Locations and locations as covered by the Errors and Omissions and Automatic Acquisition Additional Coverages; 2. Unless otherwise set forth in the Statement of Values, each such Insured Location(s) shall be comprised of any building, yard, dock, wharf, pier or bulkhead or any group of the foregoing bounded on all sides by property lines, public streets, clear land space or open waterways, each not less than fifty (50) feet wide. Any bridge or tunnel crossing such street, space or waterway shall render such separation inoperative for the purpose of this definition. Public Entity Property Insurance Program (PEPIP) Form No.19 Page 43 of 74 5. VALUABLE PAPERS AND RECORDS Means, all inscribed, printed, or written; documents, manuscripts or records; including but not limited to abstracts, books, deeds, drawing, films, maps, or mortgages. Valuable Papers are not money, securities, stamps or converted data program or instructions used in the Named Insured’s data processing operations including the materials on which data is recorded. 6. TIER I WINDSTORM COUNTIES State Tier I Counties, Parishes or Independent Cities Alabama Baldwin, Mobile Connecticut Fairfield, Middlesex, New Haven, New London Delaware Sussex Florida Entire State, All Counties Georgia Bryan, Camden, Chatham, Glynn, Liberty, McIntosh, Hawaii Entire State, All Counties Louisiana Assumption, Calcasieu, Cameron, Iberia, Jefferson, Lafourche, Livingston, Orleans, Plaquemines, St. Bernard, St. Charles, St. James, St. John the Baptist, St. Martin (South), St. Mary, St. Tammany, Tangipahoa, Terrebonne, Vermilion Maine Androscoggin, Cumberland, Hancock, Knox, Lincoln, Sagadahoc, Waldo, Washington, York Maryland Calvert, Charles, Dorchester, St. Mary’s, Somerset, Wicomico, Worcester Massachusetts Barnstable, Bristol, Dukes, Essex, Nantucket, Norfolk, Plymouth, Suffolk Mississippi Hancock, Harrison, Jackson New Hampshire Rockingham, Strafford New Jersey Atlantic, Bergen, Cape May, Cumberland, Essex, Hudson, Middlesex, Monmouth, Ocean, Union New York Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk, Westchester North Carolina Beaufort, Bertie, Brunswick, Camden, Carteret, Chowan, Columbus, Craven, Currituck, Dare, Hyde, Jones, New Hanover, Onslow, Pamlico, Pasquotank, Pender, Perquimans, Tyrell, Washington Rhode Island Bristol, Kent, Newport, Providence, Washington South Carolina Beaufort, Berkley, Charleston, Colleton, Dorchester, Georgetown, Hampton, Horry, Jasper Texas Aransas, Brazoria, Calhoun, Cameron, Chambers, Galveston, Harris , Jackson, Jefferson, Kennedy, Kleberg, Liberty, Matagorda, Newton, Nueces, Orange, Refugio, San Patricio, Victoria, Willacy Public Entity Property Insurance Program (PEPIP) Form No.19 Page 44 of 74 State Tier I Counties, Parishes or Independent Cities Continued Virginia Accomack, Charles City, Chesapeake City, Gloucester, Hampton City, Isle of Wight, Independent Cities of Chesapeake, James City, Lancaster, Mathews, Middlesex, New Kent, Newport News, Norfolk City, Northampton, Northumberland, Poquoson City, Portsmouth City, Prince George, Suffolk City, Sussex, Surry, Virginia Beach City, Westmoreland, Williamsburg City, York 7. TIER 2 WINDSTORM COUNTIES State Tier II Counties, Parishes or Independent Cities Georgia Brantley, Charlton, Effingham, Long, Wayne Louisiana Acadia, Ascension, East Baton Rouge, Iberville, Jefferson Davis, Lafayette, St. Martin (North), Washington, West Baton Rouge Mississippi George, Pearl River, Stone North Carolina Bladen, Duplin, Gates, Hertford, Lenoir, Martin, Pitt South Carolina Florence, Marion, Williamsburg Texas Bee, Brooks, Fort Bend, Goliad, Hardin, Hidalgo, Jasper, Jim Wells, Wharton AH. REPORTING CONDITIONS Additional or return premium due for endorsements issued during the policy period, such as those for additions or deletions of values (including those for existing Named Insureds, new Named Insureds to the PEPIP program, or new members to existing JPA Named Insureds) will be processed on a quarterly basis. Issuance of the endorsements and calculation of pro-rata or return premium for these changes will be processed as of, and at the time of the acquisition or deletion. Mid-term transactions will only be processed for addition or deletion of values that are in excess of USD25,000,000 for Named Insureds with total insurable values greater than or equal to USD500,000,000 at time of binding or USD10,000,000 for Named Insureds with total insurable values less than USD500,00,000 at time of binding. Public Entity Property Insurance Program (PEPIP) Form No.19 Page 45 of 74 AI. ADDITIONAL INSURED’S / LOSS PAYEES It is hereby understood and agreed that the interest of Additional Insured’s and/or Loss Payees is automatically included, as per schedule held on file with Alliant Insurance Services, Inc. Public Entity Property Insurance Program (PEPIP) Form No.19 Page 46 of 74 SECTION V FINE ARTS A. COVERAGE This Policy insures against all risks of direct physical loss of or damage except as hereafter excluded occurring during the policy period to fine arts, which are the property of the Named Insured or the property of others in the custody or control of the Named Insured while on exhibition or otherwise within the limits of the United States. If any of the property covered by this Section is also covered under any other provisions of the Policy of which this Section is made a part, those provisions are hereby amended to exclude such property, the intent being that the coverage under this Section is the sole coverage on such property. 1. PROPERTY COVERED Objects of art of every kind and description, and property incidental thereto, which are the property of the Named Insured, or the property of others in the custody and control of the Named Insured, or in transit at the Named Insured’s risk, and property in which the Named Insured shall have a fractional ownership interest which are owned by or have been leased, loaned, rented or otherwise made available to the Named Insured. “Property” shall mean paintings, drawings, etchings, prints, rare books, manuscripts, rugs, tapestries, furniture, pictures, bronzes, potteries, porcelains, marbles statuary and all other bonafide works of art and other objects of rarity, historic value, cultural interest or artistic merit, which are part of the collections of the Named Insured, or in the care, custody or control of the Named Insured, and their frames, glazing and shadow boxes. 2. “WALL TO WALL” (“NAIL TO NAIL”) COVERAGE This Section covers the Named Insured’s property on a “Wall to Wall” (“Nail to Nail”) basis, or domicile to domicile basis, as applicable, from the time said property is removed from its normal repository incidental to shipment until returned thereto or other point designated by the owner or owner’s agent prior to return shipment, including while in transit to or from points of consolidation or deconsolidation, packing, repacking or unpacking, while at such locations during such processes or awaiting shipment. Coverage shall terminate upon arrival of the covered property at the final destination designated by the owner or owner’s agent, or upon expiration of this Policy, whichever may occur first, except that expiration of this Policy shall not prejudice coverage of any risk then in transit. B. EXCLUSIONS 1. Loss or damage occasioned by: wear and tear, gradual deterioration, insects, vermin, inherent vice or damage sustained due to and resulting from any repairing, restoration or retouching process; 2. Loss or damage caused by or resulting from: a. War, hostile or warlike action in time of peace or war, including action in hindering, combating or defending against an actual, impending or expected attack; Public Entity Property Insurance Program (PEPIP) Form No.19 Page 47 of 74 i. by any government or sovereign power (de jure or de facto), or by any authority maintaining or using military, naval or air forces or; ii. by military, naval or air forces; or iii. by an agent of any such government, power, authority or forces; b. Any weapon of war employing atomic fission or radioactive force whether in time of peace or war; c. Insurrection, rebellion, revolution, civil war, usurped power, or action taken by governmental authority in hindering, combating or defending against such an occurrence, seizure or destruction under quarantine or customs regulations, confiscation by order of any government or public authority, or risks of contraband or illegal transportation or trade. 3. Nuclear reaction or nuclear radiation or radioactive contamination from any cause, all whether direct or indirect, controlled or uncontrolled, proximate or remote, or is contributed to or aggravated by a Covered Cause of Loss. However: a. If fire not otherwise excluded results, the Company shall be liable for the direct physical loss or damage by such resulting fire, but not including, any loss or damage due to nuclear reaction, nuclear radiation, or radioactive contamination, and b. This Policy does insure against physical loss or damage caused by sudden and accidental radioactive contamination, including resultant radiation damage, from material used or stored or from processes conducted on an Insured Location, provided that, at the time of such loss or damage, there is neither a nuclear reactor nor any new or used nuclear fuel on an Insured Location. 4. Any dishonest, fraudulent or criminal act by the Named Insured, a partner therein or an officer, director employee or trustee thereof, whether acting alone or in collusion with others. For the purpose of this exclusion an act of vandalism or malicious damage by an employee shall not constitute a dishonest, fraudulent or criminal act. C. LOSS PAYMENT BASIS / VALUATION The valuation of each article of property covered by this Section shall be determined as follows: a. Property of the Named Insured shall be covered for and valued at the current fair market value of each article indicated on the books and records of the Named Insured prior to loss, according to the Named Insured’s valuation of each object covered. b. Property of others loaned to the Named Insured and for which the Named Insured may be legally liable, or which the Named Insured has been instructed to insure, shall be covered for and valued at the amount agreed upon for each article by the Named Insured and owner(s) as recorded on the books and records of the Named Insured prior to loss. c. Otherwise, in the absence of recorded current fair market values or agreed values for each article covered, the Company shall not be liable beyond the fair market value of the property at the time any loss or damage occurs. Said value shall be ascertained by the Named Insured and the Company or, if they differ, then the amount of value or loss shall be determined as provided in the following appraisal clause. Public Entity Property Insurance Program (PEPIP) Form No.19 Page 48 of 74 D. SPECIAL CONDITIONS 1. Misrepresentation and Fraud: This entire Section shall be void if, whether before or after a loss, the Named Insured has concealed or misrepresented any material fact or circumstance concerning this Policy or the subject thereof, or the interest of the Named Insured therein, or in case of any fraud or false swearing by the Named Insured relating thereto. 2. Notice of Loss: The Named Insured shall as soon as practicable report in writing to the Company or its agent every loss, damage or occurrence which may give rise to a claim under this Section and shall also file with the Company or its agent within ninety (90) days from the date of discovery of such loss, damage or occurrence, a detailed sworn proof of loss. 3. Examination under Oath: The Named Insured, as often as may be reasonably required, shall exhibit to any person designated by the Company all that remains of any property herein described, and shall submit, and insofar as is within its power cause its employees, Named Insured and others to submit to examination under oath by any person named by the Company and subscribe the same; and, as often as may be reasonably required, shall produce for examination all writings, books of account, bills, invoices and other vouchers, or certified copies thereof if originals be lost, at such reasonable time and place as may be designated by the Company or its representative and shall permit extracts and copies thereof to be made. No such examination under oath or examination of books or documents, nor any act of the Named Insured or any of its employees or representatives in connection with the investigation of any loss or claim hereunder, shall be deemed a waiver of any defense which the Named Insured might otherwise have with respect to any loss or claim, but all such examinations and acts shall be deemed to have been made or done without prejudice to the Company’s liability. 4. Settlement of Loss: All adjusted claims shall be paid or made good to the Named Insured within sixty (60) days after presentation and acceptance of satisfactory proof of interest and loss at the office of the Company. No loss shall be paid or made good if the Named Insured has collected the same from others. 5. No Benefit to Bailee: This Section shall in no way inure directly or indirectly to the benefit of any carrier or other bailee. 6. Subrogation or Loan: If in the event of loss or damage the Named Insured shall acquire any right of action against any individual, firm or corporation for loss of, or damage to, property covered hereunder, the Named Insured will, if requested by the Company, assign and transfer such claim or right of action to the Company or, at the Company’s option, execute and deliver to the Company the customary form of loan receipt upon receiving an advance of funds in respect of the loss or damage; and will subrogate the Company to, or will hold in trust for the Company, all such rights of action to the extent of the amount paid or advanced, and will permit suit to be brought in the Named Insured’s name under the direction of and at the expense of the Company. 7. Protection and Preservation of Property: In case of actual or imminent physical loss or damage of the type insured against by this Policy, the expenses incurred by the Named Insured in taking reasonable and necessary actions for the temporary protection and preservation of property insured hereunder shall be added to the total physical loss or damage otherwise recoverable under the Policy and be subject to the applicable deductible and without increase in the limit provisions contained in this Policy. 8. Appraisal: If the Named Insured and the Company fail to agree as to the amount of loss, each shall on the written demand of other, made within sixty (60) days after receipt of proof of loss by the Company, select a competent and disinterested appraiser, and the appraisal shall be Public Entity Property Insurance Program (PEPIP) Form No.19 Page 49 of 74 made at a reasonable time and place. The appraisers shall first select a competent and disinterested umpire, and failing for fifteen (15) days to agree upon such umpire, then on the request of the Named Insured or the Company, such umpire shall be selected by a judge of a court of record in the state in which such appraisal is pending. The appraisers shall then appraise the loss, stating separately the fair market value at the time of loss and the amount of loss, and failing to agree shall submit their differences to the umpire. An award in writing of any two shall determine the amount of loss. The Named Insured and the Company shall each pay their chosen appraiser and shall bear equally the other expenses of the appraisal and umpire. The Named Insured shall not be held to have waived any of its rights by any act relating to appraisal. 9. Civil Authority: Property covered under this Section against the peril of fire is also covered against the risk of damage or destruction by Civil authority during a conflagration and for the purpose of retarding the same; provided that neither such conflagration nor such damage or destruction is caused or contributed to by a peril otherwise excluded herein. 10. Changes: Notice to any agent or knowledge possessed by any agent or by any other person shall not effect a waiver or a change in any part of this Section or stop the Named Insured from asserting any right under the terms of this Section, nor shall the terms of this Section be waived or changed except by endorsement issued to form a part of this Section. 11. Additional Covered Party(ies): Corporations, associations, firms, institutions, museums, persons and others who own or control collections, objects or articles who make them available to the Named Insured, and temporary borrowers or custodians (but not carriers, packers or shippers) of property covered, are additional Named Insured(s) hereunder, but only as respects coverage afforded to said Named Insured’s property. 12. Packing: It is agreed by the Named Insured that the property covered hereunder be packed and unpacked by competent packers. 13. Other Insurance: This fine arts floater Section is excess coverage over any other valid and collectible insurance which may apply to any objects of art for which coverage would apply under this Policy. 14. Pair And Set: In the event of the total loss of any article or articles which are a part of a set, the Company agrees to pay the Named Insured the full amount of the value of such set and the Named Insured agrees to surrender the remaining article or articles of the set to the Company. Public Entity Property Insurance Program (PEPIP) Form No.19 Page 50 of 74 SECTION VI CONTRACTORS EQUIPMENT A. COVERAGE This Policy insures contractors equipment, whether self-propelled or not, including equipment thereof while attached thereto or located thereon, such as bulldozers, drag lines, power shovels, derricks, drills, concrete mixers and other machinery of a similar nature, and not subject to motor vehicle registration. If any of the property covered by this Section is also covered under any other provisions of the Policy of which this Section is made a part, those provisions are hereby amended to exclude such property, the intent being that the coverage under this Section is the sole coverage on such property. B. PERILS EXCLUDED This Section insures against all risks of direct physical loss or damage occurring during the policy period to the above described property from any external cause except as provided below. 1. Loss or damage due to wear, tear, rust, corrosion, latent defect, mechanical breakage or improper assemblage. 2. Loss or damage due to the weight of the load imposed on the machine exceeding the capacity for which such machine was designed. 3. Loss or damage to crane or derrick boom(s) and jib(s) of lattice construction while being operated unless directly caused by fire, lightning, hail, windstorm, earthquake shock, explosion, riot, riot attending a strike, civil commotion, actual physical contact with an aircraft or airborne missile including objects falling therefrom, collision with other vehicles or other contractors equipment whether or not such other equipment is covered hereunder, landslide, or upset of the unit of which it is a part (but only when and to the same extent that such other perils are covered by the Policy). 4. Loss or damage due to explosion arising from within steam boilers. 5. Loss or damage to dynamos, exciters, lamps, switches, motors or other electrical appliances or devices, including wiring, caused by lightning or other electrical currents (artificial or natural) unless fire ensues and then for the loss by fire only. 6. Loss or damage due to dishonesty of Named Insured’s employees or persons to whom the Named Insured’s property is entrusted. 7. Loss or damage caused by or contributed to failure of the Named Insured to keep and maintain the property in a thorough state of repair. Public Entity Property Insurance Program (PEPIP) Form No.19 Page 51 of 74 8. Loss or damage caused by or resulting from: a. War, hostile or warlike action in time of peace or, including action in hindering, combating or defending against an actual, impending or expected attack; i. by any government or sovereign power (de jure or de facto) or by any authority maintaining using military, naval or air forces or; ii. any military, naval or air forces or; iii. by an agent of any such government, power, authority or forces; b. any weapon of war employing atomic fission or radioactive force whether in time of peace or war; c. insurrection, rebellion, revolution, civil war, usurped power, or action taken by governmental authority in hindering, combating or defending against such an occurrence, seizure or destruction under quarantine or customs regulations, confiscation by order of any government or public authority, or risks of contraband or illegal transportation or trade; 9. Loss by nuclear reaction or nuclear radiation or radioactive contamination, all whether controlled or uncontrolled, and whether such loss be direct or indirect, proximate or remote, or be in whole or in part caused by, contributed to, or aggravated by the peril(s) covered against in this endorsement; however, subject to the foregoing and all provisions of this Policy, direct loss by fire resulting from nuclear reaction or nuclear radiation or radioactive contamination is covered against by this Policy. C. PROPERTY EXCLUDED 1. Automobiles, motorcycles, motor trucks, or parts thereof. 2. Buildings 3. Machinery or equipment or building materials to be installed in any building for the purpose of becoming a part thereof; nor on any property which has become a permanent part of any structure. 4. Property that is located underground. 5. Property while waterborne except while being transported on any regular ferry. 6. The storage risk of property not owned or required to be insured by the Named Insured at an Insured Location, except where incidental to the regular or frequent use of the equipment or property. 7. Plans, blue prints, designs or specifications. D. LOSS PAYMENT BASIS / VALUATION On Contractors Equipment (whether self-propelled or not), on or off premises, where Replacement Cost (New) values are specified, loss or damage shall be based on 100% of the Replacement Cost (New) at the time of loss. Partial losses shall be based on the cost of repairing or replacing the damaged portion, up to the fair market value of the Contractors Equipment. However, should these costs exceed the fair market value then recovery shall be based upon the Replacement Cost (New). If the values, provided by the Named Insured, provides a valuation based on Replacement Cost, then recovery will be on the same basis, if replaced. If not replaced, the basis of recovery shall be actual cash value. Public Entity Property Insurance Program (PEPIP) Form No.19 Page 52 of 74 E. SPECIAL CONDITIONS This section covers property only within the limits of the United States of America. It is a condition of this Policy that all articles covered hereunder are in sound condition at the time of attachment of this Policy. Public Entity Property Insurance Program (PEPIP) Form No.19 Page 53 of 74 SECTION VII ACCOUNTS RECEIVABLE A. COVERAGE This Policy covers the loss of or damage resulting from insured perils to the Named Insured’s records of accounts receivable as defined below, occurring during the policy period. B. EXCLUSIONS In addition to the exclusions in the General Conditions, this coverage does not apply: 1. To loss due to any fraudulent, dishonest or criminal act by the Named Insured, a partner therein, or an officer, director, employee or trustee thereof, while working or otherwise and whether acting alone or in collusion with others. For the purpose of this exclusion an act of vandalism or malicious damage by an employee shall not constitute a dishonest, fraudulent or criminal act. 2. To loss due to bookkeeping, accounting or billing errors or omissions. 3. To loss, the proof of which as to factual existence, is dependent upon an audit of records or an inventory computation; but this shall not preclude the use of such procedures in support if claim for loss which the Named Insured can prove through evidence wholly apart therefrom, is due solely to a risk of loss to records of accounts receivable not otherwise excluded hereunder. 4. To loss due to alteration, falsification, manipulation, concealment, destruction or disposal of records of accounts receivable committed to conceal the wrongful giving, taking, obtaining or withholding of money, securities or other property, but only to the extent of such wrongful giving, taking, obtaining or withholding. C. LOSS PAYMENT BASIS / VALUATION When there is proof that a loss covered by this Policy has occurred but the Named Insured cannot accurately establish the total amount of accounts receivable outstanding as of the date of such loss, such amount shall be based on the Named Insured’s monthly statements and shall be computed as follows: 1. Determine the amount of all outstanding accounts receivable at the end of the same fiscal month in the year immediately preceding the year in which the loss occurs; 2. Calculate the percentage of increase or decrease in the average monthly total of accounts receivable for the twelve (12) months immediately preceding the month in which the loss occurs as compared with such average for the months of the preceding year; 3. The amount determined under (a) above, increased or decreased by the percentage calculated under (b) above, shall be the agreed total amount of accounts receivable as of the last day of the fiscal month in which said loss occurs; Public Entity Property Insurance Program (PEPIP) Form No.19 Page 54 of 74 4. The amount determined under (c) above shall be increased or decreased in conformity with the normal fluctuations in the amount of accounts receivable during the fiscal month involved, due consideration being given to the experience of the business since the last day of the last fiscal month for which statement has been rendered. There shall be deducted from the total amount of accounts receivable, however established, the amount of such accounts evidenced by records not lost or damaged or otherwise established or collected by the Named Insured, and an amount to allow for probable bad debts which would normally have been uncollectible by the Named Insured. All unearned interest and service charges shall be deducted. D. DEFINITIONS: ACCOUNTS RECEIVABLE 1. All sums due to the Named Insured from customers provided the Named Insured is unable to effect collection thereof as the direct result of loss or damage to records of accounts receivable. 2. Interest charges on any loan to offset impaired collections pending repayment of such sums made uncollectible by such loss or damage. 3. Collection expense in excess of normal collection cost and made necessary because of such loss or damage. 4. Other expenses, when reasonably incurred by the Named Insured, in re-establishing records of accounts receivable following such loss or damage. Public Entity Property Insurance Program (PEPIP) Form No.19 Page 55 of 74 SECTION VIII UNMANNED AIRCRAFT A. COVERAGE This Policy insures against all risks of direct physical loss of or damage except as hereafter excluded occurring during the policy period to Unmanned Aircraft, that are usual to the Named Insured’s business and that the Named Insured own or are required to insure, sustained while not In Flight or In Motion and which are not the result of fire or explosion following crash or collision while the Unmanned Aircraft was In Flight or In Motion that are: 1. Listed on the schedule which is a part of this Policy or which is on file with the Company; 2. Unscheduled but for an amount not to exceed the limit shown on the Declarations If any of the property covered by this Section is also covered under any other provisions of the Policy of which this Section is made a part, those provisions are hereby amended to exclude such property, the intent being that the coverage under this Section is the sole coverage on such property. B. PERILS EXCLUDED This Section insures against all risks of direct physical loss or damage occurring during the policy period to Unmanned Aircraft from any external cause except as provided below. 1. Loss or damage due to the Unmanned Aircraft being In Flight or In Motion including during propulsion system startup or any time the propulsion system is operating. 2. Loss or damage due to wear, tear, rust, corrosion, latent defect, mechanical breakage, freezing or improper assemblage. 3. Loss or damage due to the weight of the load imposed on the Unmanned Aircraft exceeding the capacity for which such Unmanned Aircraft was designed. 4. Loss or damage to tires except where such loss or damage is caused by fire, theft, windstorm or vandalism or is the direct result of physical damage covered by this Policy. 5. Loss or damage to Unmanned Aircraft while being worked upon except for direct loss or damage caused by resulting fire or explosion. 6. Loss or damage to dynamos, exciters, lamps, switches, motors or other electrical appliances or devices, including wiring, caused by lightning or other electrical currents (artificial or natural) unless fire ensues and then for the loss by fire only. 7. Loss or damage due to conversion, embezzlement or secretion by any person or organization with legal right to possession of such Unmanned Aircraft under bailment, lease, conditional sale, purchase agreement, mortgage or other legal agreement that governs the use, sale or lease of the Unmanned Aircraft, nor for any loss or damage during or resulting therefrom. 8. Loss or damage due to dishonesty of Named Insured’s employees or persons to whom the Named Insured’s property is entrusted. Public Entity Property Insurance Program (PEPIP) Form No.19 Page 56 of 74 9. Loss or damage caused by or contributed to failure of the Named Insured to keep and maintain the property in a thorough state of repair. 10. Loss or damage caused by or resulting from: a. War, hostile or warlike action in time of peace or, including action in hindering, combating or defending against an actual, impending or expected attack, i. by any government or sovereign power (de jure or de facto) or by any authority maintaining using military, naval or air forces; or ii. any military, naval or air forces; or iii. by an agent of any such government, power, authority or forces; b. any weapon of war employing atomic fission or radioactive force whether in time of peace or war; c. insurrection, rebellion, revolution, civil war, usurped power, or action taken by governmental authority in hindering, combating or defending against such an occurrence, seizure or destruction under quarantine or customs regulations, confiscation by order of any government or public authority, or risks of contraband or illegal transportation or trade; C. PROPERTY EXCLUDED 1. Unmanned Aircraft that are located in underground mines, caverns or underground storage facilities. 2. Unmanned Aircraft while waterborne except while being transported on any regular ferry. 3. The storage risk of Unmanned Aircraft not owned or required to be insured by the Named Insured at an Insured Location, except where incidental to the regular or frequent use of the equipment or property. D. LOSS PAYMENT BASIS / VALUATION On Unmanned Aircraft, on or off premises, where Replacement Cost (New) values are specified, loss or damage shall be based on 100% of the Replacement Cost (New) at the time of loss. Partial losses shall be based on the cost of repairing or replacing the damaged portion, up to the fair market value of the Unmanned Aircraft. However, should these costs exceed the fair market value then recovery shall be based upon the Replacement Cost (New). If the values, provided by the Named Insured, provides a valuation other than Replacement Cost, then recovery will be on the same basis, if replaced. If not replaced, the basis of recovery shall be actual cash value. E. SPECIAL CONDITIONS This section covers property only within the limits of the United States of America. It is a condition of this Policy that all articles covered hereunder are in sound condition at the time of attachment of this Policy. Public Entity Property Insurance Program (PEPIP) Form No.19 Page 57 of 74 F. DEFINITIONS 1. UNMANNED AIRCRAFT Means a powered aerial vehicle that does not carry a human operator, uses aerodynamic forces to provide vehicle lift, can fly autonomously or be piloted remotely, is recoverable and in some cases can carry a non-lethal payload including the propulsion system and equipment usually installed in the vehicle (1) while installed in the vehicle, (2) while temporarily removed from the vehicle and (3) while removed from the aircraft for replacement until such time as replacement by a similar item has commenced; also tools and equipment which are specially designed for the aircraft and which are ordinarily carried therein. 2. IN FLIGHT Means, with respect to fixed wing Unmanned Aircraft, the time commencing with the actual take-off run or launch and continuing thereafter until it has completed its landing run; or capture; and if the Unmanned Aircraft is a rotorcraft, from the time the rotors start to revolve under power for the purpose of flight until they subsequently cease to revolve after landing; and if the Unmanned Aircraft is a balloon, while it is inflated or being inflated or deflated. 3. IN MOTION Means while the Unmanned Aircraft is moving under its own power or the momentum generated therefrom or while it is In Flight and, if the Unmanned Aircraft is a rotorcraft, any time the rotors are rotating or while it is In Flight and, if the Unmanned Aircraft is a glider or balloon, any time it is being transported, towed or while it is In Flight. Public Entity Property Insurance Program (PEPIP) Form No.19 Page 58 of 74 SECTION IX BOILER AND MACHINERY BREAKDOWN EXTENSION 1. Perils Insured In consideration of the premium paid and subject to the terms, conditions and Exclusions of the Policy to which this Extension is attached, and to the following terms and conditions, this Insurance is extended to cover direct damage to Covered Property caused by a Covered Cause of Loss. 2. Additional Coverage (a) Hazardous Substance The additional expense incurred for cleanup, repair or replacement or disposal of damaged, contaminated or polluted Covered Property as a result of an Accident, which causes property to become damaged, contaminated or polluted by a substance declared hazardous to health by an authorized governmental agency. The coverage provided by this clause is sub-limited to USD as per Declaration Page. For the purpose of this coverage “Additional expense” means any expense that would not have incurred, if no substance hazardous to health had been involved in the accident (b) Ammonia Contamination The loss, including salvage expense, incurred with respect to damage by ammonia contacting or permeating Covered Property under refrigeration or in process requiring refrigeration, as a result of any one Accident to one or more Objects. The coverage provided by this clause is sub-limited to USD as per Declaration Page. (c) Water Damage The loss, including salvage expense, with respect to Covered Property damaged by water, resulting from any one Accident. The coverage provided by this clause is sub-limited to USD as per Declaration Page. (d) Media Coverage The loss to all forms of electronic, magnetic and optical tapes and discs used in any electronic computer or electronic data processing equipment directly damaged by an Accident to an Object. The coverage provided by this clause is sub-limited to USD as per Declaration Page. For the purpose of this coverage, the valuation basis for “Media” is as follows: i. For “Media” that are mass-produced and commercially available, at the Replacement Cost. ii. For all other “Media”, at the cost of blank material for reproducing the records. (e) Consequential Damage The “Consequential Damage” to refrigerated and frozen goods of the Named Insured or for which the Named Insured is legally liable or under the Named Insured’s care, custody or control caused solely by an Accident to an Object. For the purpose of this coverage, “Consequential Damage” is defined as loss due to spoilage from lack of power, light, heat, steam or refrigeration, resulting from Accident. The coverage provided by this clause is sub-limited to USD as per Declaration Page. Public Entity Property Insurance Program (PEPIP) Form No.19 Page 59 of 74 (f) Utility Interruption The loss caused by an Accident to an Object that is owned, operated or controlled by a public or private entity that the Named Insured has contracted with to furnish them with electrical utility service including all direct electrical suppliers. The coverage provided by this clause is sub-limited to USD as per Declaration Page. (g) CFC Refrigerants and Halon The replacement of any CFC (chlorofluorocarbon) refrigerant used in refrigeration or air conditioning equipment or Halon used in a fire suppression system due to an “Accident” to an Object. (h) Ordinance or Law If an Accident to an Object at an Insured Location damages a building that is “Covered Property”, the Company will pay for i. Loss to the Undamaged Portion of the Building, meaning loss to the undamaged portion of the building caused by enforcement of any ordinance or law that: a. Requires the demolition of parts of the same building not damaged by the Accident to an Object; or b. Regulates the construction or repair of buildings, or establishes zoning or land use requirements at the location of the building. ii. Demolition Cost meaning the cost to demolish and clear the site of undamaged parts of the building, caused by the enforcement of building, zoning, or land ordinance or use. iii. Increased Cost of Construction, meaning the increased cost to: a. Repair or reconstruct damaged portions of the building; and b. Reconstruct or remodel undamaged portions of the building whether or not demolition is required; when the increased cost is a consequence of enforcement of building, zoning or land use ordinance or law. But the Company will only pay for this increased cost if the building is repaired, reconstructed or remodeled. Also, if the building is repaired, reconstructed or remodeled, it must be intended for similar occupancy as the current building, unless such occupancy is not permitted by zoning or land use ordinance or law. Payment will be limited to the cost of meeting the minimum requirements of such ordinance or law; said cost to be calculated as of the date of loss. Insurance under this section only applies with respect to ordinance or law that is in force at the time of the Accident to an Object. Insurance under this section does not apply to: a. Costs associated with the enforcement of any ordinance or law which requires any Named Insured or others to test for, monitor, clean up, remove, contain, treat, detoxify, or neutralize, or in any way respond to, or assess the effects of substances declared to be hazardous to health by a governmental agency; or Public Entity Property Insurance Program (PEPIP) Form No.19 Page 60 of 74 b. Loss due to any ordinance or law that: i. The Named Insured was required to comply with before the Accident to an Object even if the building was undamaged; and ii. The Named Insured failed to comply with. The coverage provided by this clause is sub-limited to USD as per Declaration Page. 3. Definition of Accident Accident shall mean a sudden and accidental breakdown of the Object, or a part thereof, which manifests itself at the time of it occurrence by physical damage to the Object that necessitates repair or replacement of the Object or part thereof; but Accident shall not mean: a. depletion, deterioration, corrosion, or erosion of material; b. wear and tear; c. leakage at any valve, fitting, shaft seal, gland packing, joint or connection; d. the breakdown of any vacuum tube, gas tube or brush; e. the breakdown of any structure or foundation supporting the Object or any part thereof; f. the functioning of any safety device or protective device. 4. Definition of Object Except as otherwise specifically designated herein, Object as described below shall mean any equipment or apparatus which is owned by, leased by or operated under the control of the Named Insured subject to the Exclusions and Special Provisions specified herein: a. Any boiler, any fired vessel, any unfired vessel subject to vacuum or internal pressure other than static pressure of contents, any refrigerating and air conditioning vessels, or any piping and its accessory equipment, but such Object shall not include: i. Any boiler setting, any insulating or refractory material, ii. Any sewer piping, any underground gas piping, any piping forming a part of a sprinkler system or any water piping other than a. Feed water piping between any boiler and its feed pumps or injectors b. Boiler condensate returning piping b. Any mechanical or electrical machine or electrical apparatus used for the generation, transmission or utilization of mechanical or electrical power, but Object shall not include 1. Any structure or foundation other than a bedplate of a machine, 2. Any vehicle, elevator, crane, hoist, power shovel or drag line, but not excluding any electrical equipment used with said machine or apparatus, 3. Any refractory material, or 4. Any penstock or draft tube. Public Entity Property Insurance Program (PEPIP) Form No.19 Page 61 of 74 5. Covered Cause of Loss A Covered Cause of Loss is an “Accident” to an Object insured hereon. An Object must be in use or connected ready for use at the time of the Accident. 6. Covered Property Covered Property, as used in this Extension, means any property not otherwise excluded in this Policy that: a. The Named Insured owns; or b. Is in the Named Insured’s care, custody or control and for which they are legally liable 7. Special Provisions a. As respects any boiler, fired or unfired vessel, refrigerating system or piping, the Company shall not be liable for loss from an Accident while said Object is undergoing a hydrostatic, pneumatic or gas pressure test that exceeds manufacturers recommended limits. b. As respects any boiler of fired vessel, the Company shall not be liable for loss from an explosion of gas or unconsumed fuel within the furnace of such Object or within the passages from the furnace to the atmosphere, whether or not such explosion (a) is contributed to or aggravated by an Accident to any part of said Object that contains steam or water, or (b) is caused in whole or in part, directly or indirectly, by any Accident to any Object, or part thereof, nor shall the Company be liable for any loss from an Accident caused directly or indirectly by such explosion. c. As respects any unfired vessel which is used for the storage of gas or liquid and which is periodically filled, moved, emptied and refilled in the course of its normal service, such vessel shall be considered as “connected ready for use” within the terms of this Extension of the Policy. d. As respects any Object or part of an Object that is being dismantled, reassembled or is in storage, will be considered as “connected ready for use” within the terms of this Extension of the Policy. e. As respects any gas turbine of the internal combustion type, (a) the combustor or such Object shall not be considered to be a “furnace” as the word is used in the Definition of Accident or in Special Provision 2 above and (b) the Definition of Accident shall not mean the cracking of any part of the Turbine exposed to the production of combustion. f. As respects new turbine generator units, coverage shall not apply until the unit has been contractually accepted by the Named Insured, that all tests required by the contractor have been performed and satisfied and the unit has been placed in commercial operation. 8. Valuation a. The Company will pay the Named Insured the amount the Named Insured spends to repair or replace the property directly damaged by an Accident. The Company payment will be the smallest of: 1) The Limit of Insurance; Public Entity Property Insurance Program (PEPIP) Form No.19 Page 62 of 74 2) The cost at the time of the Accident to repair the damaged property with property of like kind, capacity, size and quality; 3) The cost at the time of the Accident to replace the damaged property on the same site with other property: a) Of like kind, capacity, size and quality; and b) Used for the same purpose 4) The amount the Named Insured actually spends that is necessary to repair or replace the damaged property. b. As respects any Object if the cost of repairing or replacing only a part of the Object is greater than: 1) the cost of repairing the Object; or 2) the cost of replacing the entire Object on the same site; The Company will pay only the smaller of (1) or (2). The repair parts or replacement Object must be: 1) of like kind, capacity, size and quality; and 2) used for the same purpose. c. The Company will not pay: 1) if the loss or damage is to property that is obsolete or useless to the Named Insured; or 2) for any extra cost if the Named Insured decides to repair or replace the damaged property with property of a better kind or quality or of larger capacity, d. If the Named Insured does not repair or replace the damaged property within 18 months after the date of the Accident then the Company will pay on the smaller of the: 1) cost it would have taken to repair; or 2) actual cash value; at the time of the “accident”. Paragraph (d) does not apply to any time period beyond the 18 months that the Company agrees to in writing. e. As respects CFC (chlorofluorocarbon) refrigerant or Halon, the following valuation basis is applicable: 1) If the CFC refrigerant or Halon is replaceable, the Named Insured may, at their option, elect to: a) Repair or replace the damaged refrigeration equipment, air conditioning equipment or fire suppression system and replace the lost CFC refrigerant or Public Entity Property Insurance Program (PEPIP) Form No.19 Page 63 of 74 Halon subject to it being of like kind, capacity, size and quality and used for the same purpose; or b) Change the refrigeration equipment, air conditioning equipment or fire suppression system, through modification or replacement, to: i. Refrigeration or air conditioning equipment that uses an approved non - CFC refrigerant; or ii. A fire suppression system that uses an approved non – Halon agent. But this option is available only if the change to the equipment or system is made within 18 months after the date of the Accident or within any extended time period that the Company agrees to in writing. If Option 1) b) above is elected, the Company will not pay more than the least of the following amounts: a) The Limit of Insurance; b) The cost at the time of the Accident to repair the damaged refrigeration equipment, air conditioning equipment or fire suppression system, retrofit the equipment or system to accept non – CFC refrigerant or non – Halon fire suppressant, and charge the equipment or system with that refrigerant or fire suppressant; c) The cost at the time of the Accident to replace the damaged refrigeration equipment, air conditioning equipment or fire suppression system with equipment or a system that is functionally equivalent and uses an approved non – CFC refrigerant or non – Halon fire suppressant; d) The amount that the Named Insured actually spend that is necessary to change the refrigeration equipment, air conditioning equipment or fire suppression system, through modification or replacement, to equipment or a system that uses an approved non – CFC refrigerant or non – Halon fire suppressant; or e) One hundred twenty-five percent (125%) of the amount the Company otherwise would have paid for loss to the refrigeration equipment, air conditioning equipment or fire suppression system. f. If the CFC refrigerant or Halon is not replaceable and: 1) The Named Insured repairs or replaces the damaged equipment within 18 months after the date of the Accident or within any extended time that the Company agrees to in writing, the Company will pay the least of the following amounts: a) The Limit of Insurance; b) The cost at the time of the Accident to repair the damaged refrigeration equipment, air conditioning equipment or fire suppression system, retrofit the equipment or system to accept non – CFC refrigerant or non – Halon fire suppressant, and charge the equipment or system with that refrigerant or fire suppressant; Public Entity Property Insurance Program (PEPIP) Form No.19 Page 64 of 74 c) The cost at the time of the Accident to replace the damaged refrigeration equipment, air conditioning equipment or fire suppression system with equipment or a system that is functionally equivalent and uses an approved non – CFC refrigerant or non – Halon fire suppressant; d) The amount that the Named Insured actually spend that is necessary to change the refrigeration equipment, air conditioning equipment or fire suppression system, through modification or replacement, to equipment or a system that uses an approved non – CFC refrigerant or non – Halon fire suppressant. 2) If the Named Insured does not replace the damaged equipment within 18 months after the date of the Accident or within the extended time period that the Company agrees to in writing, the Company will not pay more than the lesser of: a) The amount that the Company would have paid if repair or replacement of the damaged equipment had been made as determined in F 1 above; or b) The actual cash value of the damaged equipment at the time of the Accident. g. As respects Insurance under Ordinance and Law, the most the Company will pay as a result of any one Accident for: a) Loss to the Undamaged portion of the building is included in the Limit of Insurance that otherwise applies to the damaged building. But in no event will the amount the Company pay for loss to the building, including the loss in value of the undamaged portion of the building due to enforcement of an ordinance or law to which this coverage applies, exceed: i. The amount that the Named Insured actually spend to repair, rebuild or replace the building, but not more than the amount it would cost to restore the building on the same premises and to the same height, floor area, style and comparable quality of the original property insured; or ii. The actual cash value of the building at the time of loss if the building is not repaired or replaced. b) Demolition and Increased Cost of Construction is USD as per Declaration Page, subject to the following: i. With respect to the coverage provided for Demolition Cost, the Company will not pay more than the amount the Named Insured actually spend to demolish and clear the site of the undamaged parts of the building; ii. With respect to the coverage provided for Increased Cost of Construction: (a) The Company will not pay for the Increased Cost of Construction: Until the building is actually repaired or replaced at the same or another premises; and Unless the repairs or replacement are made as soon as reasonably possible after the loss or damage, not to exceed 18 months. The Company may extend this period in writing during the 18 months. Public Entity Property Insurance Program (PEPIP) Form No.19 Page 65 of 74 (b) If the building is repaired or replaced at the same location, or if the Named Insured elect to rebuild at another location, the most the Company will pay for the increased cost of construction is the increased cost of construction at the same location. (c) If the ordinance or law requires relocation to another location, the most the Company will pay for the increased cost of construction is the increased cost of construction at the new location. h. If a claim or “suit” is brought against the Named Insured alleging that the Named Insured is liable for damage to property of another that was caused by an Accident to an Object, the Company will either: 1. Settle the claim or “suit”, or 2. Defend the Named Insured against the “suit” but reserve the right for themselves to settle at any point. 9. Exclusions a. To loss: 1) from explosion of an Object other than: a) Any steam boiler, steam piping, steam turbine, gas turbine, steam engine, or b) Any machine when such loss is caused by centrifugal force or mechanical breakdown, b. Nuclear reaction or radiation or radioactive contamination however caused, however this exclusion shall not apply to nuclear medicine at covered hospitals, c. From fire concomitant with or following an Accident. d. From an Accident caused directly or indirectly by fire e. From a combustion explosion outside the Object concomitant with or following an Accident, f. From an Accident caused directly or indirectly by a combustion explosion outside an Object 10. Conditions: a. Inspection The Company shall be permitted but not obligated to inspect the Named Insured’s property and operations at any reasonable time. Neither the right to make inspections nor the making thereof nor any advice or report resulting therefrom shall constitute an undertaking, on behalf of or for the benefit of the Named Insured or others, to determine or warrant that such property or operations are safe or healthful, or are in compliance with any law, rule or regulation. b. Suspension Upon the discovery of a dangerous condition with respect to any Object, Alliant Insurance Services, Inc., may immediately suspend the insurance, with respect to an Accident to said Public Entity Property Insurance Program (PEPIP) Form No.19 Page 66 of 74 Object, by written notice mailed or delivered to the Named Insured at the address of the Named Insured stated in the Declaration Page, or at the location of the Object, as stated for it in a schedule or endorsement. The insurance so suspended may be reinstated by the Company but only by an endorsement issued to form a part of this Policy. The Named Insured shall be allowed the unearned portion of the premium paid for such suspended insurance, pro rata for the period of suspension. c. Notice of Accident and Adjustments When an Accident occurs, written notice shall be given to the Company as soon as practicable. The Company shall be given like notice of any claim made on account of such Accident. The Company or their representative shall have reasonable time and opportunity to examine the property, and the Insured Location of Risk, before repairs are undertaken or physical evidence of the Accident is removed, except for protection or salvage. Proof of loss shall be made in such form as the Company may require. If suit is brought against the Named Insured for loss to which this Section of the Policy is applicable, any summons or other process served upon the Named Insured shall be forwarded immediately to the Company. d. Deductible In the event of an Accident to an Object as insured under this Extension that is concomitant with or followed by physical loss or damage incurred under the All Risk policy that this Extension attached to, the deductible to be applied to the total loss shall be the highest applicable deductible. Public Entity Property Insurance Program (PEPIP) Form No.19 Page 67 of 74 PROGRAM AND/OR NAMED INSURED AND/OR DECLARATION SPECIFIC ENDORSEMENTS TO BE PROVIDED AFTER THE ABOVE PAGE Public Entity Property Insurance Program (PEPIP) Form No.19 Page 68 of 74 ENDORSEMENT 1 CANCELLATION CLAUSE AMENDMENT DUE TO FINANCIAL STRENGTH DOWNGRADE ENDORSEMENT It is hereby understood and agreed that Section IV, General Conditions, Clause N, Cancellation of this Policy is amended. This endorsement modifies insurance provided by the Policy: The Cancellation Provision, Cancellation Condition, or Cancellation Clause, whichever is applicable, is amended by adding the following paragraph to the end thereof: Notwithstanding any other terms or conditions of this Policy to the contrary, in the event that the financial strength rating of the Company is downgraded to: (1) below A- by A.M. Best Co., or (2) below BBB by Standard & Poor’s Ratings Services (hereinafter, the Credit Rating Downgrade), this Policy may be canceled by the FIRST NAMED INSURED by mailing prior written notice to the Company or by surrender of this Policy to the Company. If this Policy is canceled by the First Named Insured due to such Credit Rating Downgrade, then the Company shall return the unearned pro rata proportion of the premium as of the effective date of cancellation and shall waive any minimum earned premium requirement specified herein. The following definitions apply to this endorsement: 1. Company means any Insurance Company offering coverage under this policy. 2. First Named Insured means the first Named Insured as shown on the Declarations page of this Policy. ALL OTHER TERMS, CONDITIONS AND EXCLUSIONS REMAIN UNCHANGED. Public Entity Property Insurance Program (PEPIP) Form No.19 Page 69 of 74 ENDORSEMENT 2 ECONOMIC SANCTIONS ENDORSEMENT This endorsement modifies insurance provided by the Policy: The Insurer shall not be deemed to provide cover and the Insurer shall not be liable to pay any claim or provide any benefit hereunder to the extent that the provision of such cover, payment of such claim or provision of such benefit would expose the Insurer, its parent company or its ultimate controlling entity to any sanction, prohibition or restriction under United Nations resolutions or the trade or economic sanctions, laws or regulations of the European Union or the United States of America. PR4225 (07/13) Public Entity Property Insurance Program (PEPIP) Form No.19 Page 70 of 74 ENDORSEMENT 3 WAR AND TERRORISM EXCLUSION ENDORSEMENT (Applies worldwide) Notwithstanding any provision to the contrary within this insurance or any endorsement thereto it is agreed that this insurance excludes loss, damage, cost or expense of whatsoever nature directly or indirectly caused by, resulting from or in connection with any of the following regardless of any other cause or event contributing concurrently or in any other sequence to the loss; (1) war, invasion, acts of foreign enemies, hostilities or warlike operations (whether war be declared or not), civil war, rebellion, revolution, insurrection, civil commotion assuming the proportions of or amounting to an uprising, military or usurped power; or (2) any act of terrorism. For the purpose of this endorsement an act of terrorism means an act, including but not limited to the use of force or violence and/or the threat thereof, of any person or group(s) of persons, whether acting alone or on behalf of or in connection with any organization(s) or government(s), committed for political, religious, ideological or similar purposes including the intention to influence any government and/or to put the public, or any section of the public, in fear. (3) seizure or destruction under quarantine or customs regulations, confiscation by order of any government or public authority, or risks of contraband or illegal transportation or trade. This endorsement also excludes loss, damage, cost or expense of whatsoever nature directly or indirectly caused by, resulting from or in connection with any action taken in controlling, preventing, suppressing or in any way relating to (1) and/or (2) above. If the Underwriters allege that by reason of this exclusion, any loss, damage, cost or expense is not covered by this insurance the burden of proving the contrary shall be upon the Assured. In the event any portion of this endorsement is found to be invalid or unenforceable, the remainder shall remain in full force and effect. NMA2918 (Amended) 08/10/2001 Public Entity Property Insurance Program (PEPIP) Form No.19 Page 71 of 74 ENDORSEMENT 4 COMMUNICABLE DISEASE EXCLUSION 1. This policy, subject to all applicable terms, conditions and exclusions, covers losses attributable to direct physical loss or physical damage occurring during the period of insurance. Consequently and notwithstanding any other provision of this policy to the contrary, this policy does not insure any loss, damage, claim, cost, expense or other sum, directly or indirectly arising out of, attributable to, or occurring concurrently or in any sequence with a Communicable Disease or the fear or threat (whether actual or perceived) of a Communicable Disease. 2. For the purposes of this endorsement, loss, damage, claim, cost, expense or other sum, includes, but is not limited to, any cost to clean-up, detoxify, remove, monitor or test: 2.1. for a Communicable Disease, or 2.2. any property insured hereunder that is affected by such Communicable Disease. 3. As used herein, a Communicable Disease means any disease which can be transmitted by means of any substance or agent from any organism to another organism where: 3.1. the substance or agent includes, but is not limited to, a virus, bacterium, parasite or other organism or any variation thereof, whether deemed living or not, and 3.2. the method of transmission, whether direct or indirect, includes but is not limited to, airborne transmission, bodily fluid transmission, transmission from or to any surface or object, solid, liquid or gas or between organisms, and 3.3. the disease, substance or agent can cause or threaten damage to human health or human welfare or can cause or threaten damage to, deterioration of, loss of value of, marketability of or loss of use of property insured hereunder. 4. This endorsement applies to all coverage extensions, additional coverages, exceptions to any exclusion and other coverage grant(s). All other terms, conditions and exclusions of the policy remain the same. LMA5393 25 March 2020 Public Entity Property Insurance Program (PEPIP) Form No.19 Page 72 of 74 ENDORSEMENT 5 PROPERTY CYBER AND DATA ENDORSEMENT 1 Notwithstanding any provision to the contrary within this Policy or any endorsement thereto this Policy excludes any: 1.1 Cyber Loss, unless subject to the provisions of paragraph 2; 1.2 loss, damage, liability, claim, cost, expense of whatsoever nature directly or indirectly caused by, contributed to by, resulting from, arising out of or in connection with any loss of use, reduction in functionality, repair, replacement, restoration or reproduction of any Data, including any amount pertaining to the value of such Data, unless subject to the provisions of paragraph 3; regardless of any other cause or event contributing concurrently or in any other sequence thereto. 2 Subject to all the terms, conditions, limitations and exclusions of this Policy or any endorsement thereto, this Policy covers physical loss or physical damage to property insured under this Policy caused by any ensuing fire or explosion which directly results from a Cyber Incident, unless that Cyber Incident is caused by, contributed to by, resulting from, arising out of or in connection with a Cyber Act including, but not limited to, any action taken in controlling, preventing, suppressing or remediating any Cyber Act. 3 Subject to all the terms, conditions, limitations and exclusions of this Policy or any endorsement thereto, should Data Processing Media owned or operated by the Insured suffer physical loss or physical damage insured by this Policy, then this Policy will cover the cost to repair or replace the Data Processing Media itself plus the costs of copying the Data from back-up or from originals of a previous generation. These costs will not include research and engineering nor any costs of recreating, gathering or assembling the Data. If such media is not repaired, replaced or restored the basis of valuation shall be the cost of the blank Data Processing Media. However, this Policy excludes any amount pertaining to the value of such Data, to the Insured or any other party, even if such Data cannot be recreated, gathered or assembled. 4 In the event any portion of this endorsement is found to be invalid or unenforceable, the remainder shall remain in full force and effect. 5 This endorsement supersedes and, if in conflict with any other wording in the Policy or any endorsement thereto having a bearing on Cyber Loss, Data or Data Processing Media, replaces that wording. Definitions 6 Cyber Loss means any loss, damage, liability, claim, cost or expense of whatsoever nature directly or indirectly caused by, contributed to by, resulting from, arising out of or in connection with any Cyber Act or Cyber Incident including, but not limited to, any action taken in controlling, preventing, suppressing or remediating any Cyber Act or Cyber Incident. Public Entity Property Insurance Program (PEPIP) Form No.19 Page 73 of 74 7 Cyber Act means an unauthorized, malicious or criminal act or series of related unauthorized, malicious or criminal acts, regardless of time and place, or the threat or hoax thereof involving access to, processing of, use of or operation of any Computer System. 8 Cyber Incident means: 8.1 any error or omission or series of related errors or omissions involving access to, processing of, use of or operation of any Computer System; or 8.2 any partial or total unavailability or failure or series of related partial or total unavailability or failures to access, process, use or operate any Computer System. 9 Computer System means: 9.1 any computer, hardware, software, communications system, electronic device (including, but not limited to, smart phone, laptop, tablet, wearable device), server, cloud or microcontroller including any similar system or any configuration of the aforementioned and including any associated input, output, data storage device, networking equipment or back up facility, owned or operated by the insured or nay other party. 10 Data means information, facts, concepts, code or any other information of any kind that is recorded or transmitted in a form to be used, accessed, processed, transmitted or stored by a Computer System. 11 Data Processing Media means any property insured by this Policy on which Data can be stored but not the Data itself. LMA5400 11 November 2019 Public Entity Property Insurance Program (PEPIP) Form No.19 Page 74 of 74 ENDORSEMENT 6 COVERAGE TERRITORY LIMITATION ENDORSEMENT This endorsement modifies insurance provided by the Policy: I. The following definition applies to this Policy and supersedes any similar definition(s) of this Policy to the contrary: Coverage Territory means an Occurrence anywhere in the world, except for any Occurrence in Afghanistan, Algeria, Angola, Anguilla, Antigua & Barbuda, Armenia, Aruba, Bangladesh, The Bahamas, Barbados, The Republic of Belarus, Belize, Benin, Bolivia, British Virgin Islands, Botswana, Burkina Faso, Burma (Myanmar), Burundi, Cambodia, Cameroon, Cape Verde, Caribbean Netherlands, Cayman Islands, Central African Republic, Chad, Comoros, Congo (The Democratic Republic Of Congo), Cuba, Curacao, Djibouti, Dominica, Dominican Republic, Equatorial Guinea, Eritrea, Ethiopia, Gabon, Gambia, Ghana, Grenada, Guadeloupe, Guinea, Guinea-Bissau, Guyana, Haiti, Iran, Iraq, Gaza Strip, West Bank and territories north of Latitude 32.80 N in Israel, Ivory Coast, Jamaica, Kenya, Laos, Lebanon, Lesotho, Liberia, Libya, Madagascar, Malawi, Mali, Martinique, Mauritania, Mayotte, Montserrat, Mozambique, Namibia, Nepal, Nicaragua, Niger, Nigeria, North Korea, Pakistan, Palestine, Papua New Guinea, La Reunion Island, Republic of South Sudan, The Russian Federation as recognized by the United Nations (or their territories, including territorial waters, or protectorates where they have legal control; legal control shall mean where recognized by the United Nations), Rwanda, Sao Tomé and Principé, Senegal, Seychelles, Sierra Leone, Somalia, Sri Lanka, St. Barthelemy, St. Kitts and Nevis, St. Lucia, St. Martin/St. Maarten, St. Vincent and the Grenadines, Sudan, Swaziland, Syria, Tajikistan, Tanzania, Timor-Leste, Togo, Trinidad & Tobago, Turks & Caicos, Uganda, Ukraine (in accordance with the borders established as of the 1991 Declaration of Independence, including the Crimean peninsula and the Donetsk and Luhansk regions), Uzbekistan, Venezuela, Western Sahara, Yemen, Zambia, and Zimbabwe. Regardless of: (1) any location on the Statement of Locations or Values (or otherwise stated), (2) any newly acquired location or miscellaneous unnamed location, (3) any error or omission by any entity, (4) any coverage extension or additional coverage, (5) any definition that may contain any location shown above, or (6) any change in sanction status, there shall be no coverage provided in any of the excluded countries or geographic areas in the above referenced Coverage Territory or any coverage provided as a result of an event that occurs in any such excluded countries or geographic areas. If any geographic area in any region of the world is excluded through the definition of Coverage Territory, the inclusion of such geographic area in any other provision of this Policy does not provide coverage for such geographic area. All other terms and conditions of the Policy remain the same. 14. UNINSURED MOTORIST PROGRAM Declarations – Uninsured/Underinsured Motorist Coverage 2023-24 Property/Liability Coverage Documents Uninsured/Underinsured Motorist: 1 of 2 Tel 800-537-7790 Special District Risk Management Authority Fax 916-231-4111 Rev 08/01/2023 www.sdrma.org MEMBER COVERED:Costa Mesa Sanitary District 290 Paularino Avenue Costa Mesa, California 92626 Your District/Agency/City has elected to participate in the risk financing coverage programs described below as “THE PACKAGE PROGRAM” and in such other programs as are indicated herein. These DECLARATIONS together with the Memorandum of Coverage, the Uninsured/Underinsured Motorist Coverage Agreement attached as Exhibit C, the terms and conditions of the Sixth Amended and Restated Joint Powers Agreement and Bylaws, or successor documents thereto, constitute the entire agreement concerning risk-financing coverage between the Special District Risk Management Authority and your District/Agency/City. Please read the Sixth Amended and Restated Joint Powers Agreement and Bylaws of the Special District Risk Management Authority (hereinafter “SDRMA”), or successor documents thereto, together with the Memorandum of Coverages, hereinafter referred to as the “Memorandum” and the Uninsured/Underinsured Motorist Coverage Agreement, to ascertain all of your District's/Agency's/City’s rights and obligations regarding its relationship with the Special District Risk Management Authority. COVERAGE PERIOD: Jul 01, 2024 at 12:01 a.m. to Jul 01, 2025 at 12:01 a.m. COVERAGE – BODILY INJURY SDRMA will pay those sums a Covered Individual or anyone occupying an Owned Auto, as defined in the Uninsured/Underinsured Motorist Coverage Agreement, is legally entitled to recover as Damages because of Bodily Injury from the owner or driver of an Uninsured Motor Vehicle. The term Uninsured Motor Vehicle includes Underinsured Motor Vehicles. The damages must result from Bodily Injury sustained by anyone occupying an Owned Auto. The owner’s or driver’s liability for these damages must result from the ownership, maintenance or use of the Uninsured Motor Vehicle. This Agreement does not apply to any persons who are entitled to workers’ compensation benefits as a result of the accident. LIMIT(S)$1,000,000 per accident, subject to the terms, conditions and exclusions as provided in the Memorandum, and subject further to the terms, conditions and exclusions of the Uninsured/Underinsured Motorist Coverage Agreement contained in Exhibit C. The maximum Uninsured/Underinsured Motorist Coverage when more than one covered individual is covered under different Memorandums of Coverage issued to different Member/Agency(s) injured in the same accident, is limited to a maximum of $1,000,000 under all such Memorandums of Coverage. COVERAGE – PROPERTY SDRMA will pay those sums up to $10,000 which the Member, or any owner or operator of an Owned Auto as defined in the Coverage Declarations – Uninsured/Underinsured Motorist Coverage 2023-24 Property/Liability Coverage Documents Uninsured/Underinsured Motorist: 2 of 2 Tel 800-537-7790 Special District Risk Management Authority Fax 916-231-4111 Rev 08/01/2023 www.sdrma.org DAMAGE Agreement, is legally entitled to recover as Property Damage (but not loss of use) from the owner or driver of an Uninsured Motor Vehicle. The Property Damage must result from actual direct physical contact between the Owned Auto and the Uninsured Motor Vehicle provided that the owner or operator of the Uninsured Motor Vehicle is identified or the Uninsured Motor Vehicle is identified by its license number. LIMIT(S)$10,000 per accident, subject to the terms, conditions and exclusions as provided in the Memorandum, and subject further to the terms, conditions and exclusions of the Uninsured/Underinsured Motorist Coverage Agreement contained in Exhibit C. MEMBER DEDUCTIBLE $25,000 per occurrence per auto accident, Property Damage only. 15. EXHIBIT C UNINSURED MOTORIST 2023-24 Property/Liability Coverage Documents T. 800-537-7790 Special District Risk Management Authority F. 916-231-4111 Rev. 08/1/2023 www.sdrma.org Uninsured/Underinsured Motorist Coverage Agreement Exhibit C Special District Risk Management Authority Policy No. UMI-SDRMA-2023-24 Uninsured/Underinsured Motorist Coverage 2023-24 Property/Liability Coverage Documents Page:1 of 8 Tel 800-537-7790 Special District Risk Management Authority Fax 916-231-4111 Rev 08/1/2023 www.sdrma.org Uninsured/Underinsured Motorist Coverage Agreement Exhibit C No. UMI-SDRMA-2023-24 Various provisions in this coverage agreement restrict coverage. Read the entire coverage agreement carefully to determine rights, duties, and what is and is not covered. Throughout this coverage agreement the words “you” and “your” refer to the Member shown in the Declarations. The words “we,” “us” and “our” refer to Special District Risk Management Authority. Other words and phrases that appear in bold face type have special meaning. Please refer to Section II – Definitions. I. Coverage A. We will pay all sums the Member, a Covered Individual or a Covered Occupant is legally entitled to recover as compensatory damages from the owner or driver of an Uninsured Motor Vehicle. The damages must result from Personal Injury sustained by the Member, Covered Individual or Covered Occupant caused by an Auto Accident. The owner's or driver's liability for these damages must result from the ownership, maintenance or use of the Uninsured Motor Vehicle. B. If this coverage agreement provides for a limit in excess of the amounts required by the applicable law where a Covered Auto is principally garaged, we will pay only after all liability bonds or policies have been exhausted by judgments or payments. C. Any judgment for damages arising out of a Suit brought without our written consent is not binding on us. II. Definitions A. Auto Accident means an event involving an Uninsured Motorist/Underinsured Auto in which a Member, Covered Individual or Covered Occupant suffers Personal Injury or Property Damage. B. Auto means a land motor vehicle, trailer, or semi-trailer. C. Bodily Injury means physical injury, sickness, disease, disability, mental anguish, mental injury or death. D. Covered Auto means an Owned Auto as defined herein. Uninsured/Underinsured Motorist Coverage 2023-24 Property/Liability Coverage Documents Page:2 of 8 Tel 800-537-7790 Special District Risk Management Authority Fax 916-231-4111 Rev 08/1/2023 www.sdrma.org II. Definitions, continued E. Covered Individual means: 1. Those individuals who were or now are elected or appointed officials of the Member, including Members of its governing body or any other committees, trustees, boards or commissions of the Member, while acting for or on behalf of the Member. 2. Past or present individual employees of the Member while acting for or on behalf of the Member. 3. Any of the Members’ individual volunteers while acting within the course and scope of their services or duties as volunteers. F. Covered Occupant means an individual Occupying a Covered Auto. G. Damages means monetary compensation and includes such compensation for loss of services resulting from Personal Injury or Property Damage. H. Member means the District(s), Agency(s) Cities or Entity(ies) identified in the Declarations. I. Loss means direct or accidental loss or damage. J. Occupying means in, upon, getting in, on, out or off. K. Owned Auto means an Auto owned by the Member at the commencement of the period of coverage of this Memorandum or acquired by the Member during the period of coverage afforded this Memorandum, provided that the Member shall notify SDRMA within thirty (30) days of its acquisition of ownership. Covered Auto also means a temporary substitute Auto which is used because a Covered Auto is out of service due to its breakdown, repair, servicing, loss or destruction. L. Personal Injury means Bodily Injury, sickness, disease, disability, care, loss of services, or loss of consortium. M. Property Damage means damage to or loss of use of tangible property. N. Suits means a civil proceeding in which Damages are alleged because of Personal Injury or Property Damage. Suit includes arbitration proceedings alleging such Damages to which you must submit or submit with our consent. Uninsured/Underinsured Motorist Coverage 2023-24 Property/Liability Coverage Documents Page:3 of 8 Tel 800-537-7790 Special District Risk Management Authority Fax 916-231-4111 Rev 08/1/2023 www.sdrma.org Definitions, continued O. Uninsured Motor Vehicle means a land motor vehicle or trailer: 1. For which no liability bond or policy at the time of an Auto Accident provides at least the amounts required by the applicable law where a Covered Auto is principally garaged; 2. That is an underinsured motor vehicle. An underinsured motor vehicle is a motor vehicle or trailer for which the sum of all liability bonds or policies at the time of an Auto Accident provides at least the amounts required by the applicable law where a Covered Auto is principal ly garaged but that sum is less than the LIMITS OF COVERAGE provided for under this agreement; 3. For which an insuring or bonding company denies coverage or refuses to admit coverage except conditionally or with reservation or becomes insolvent; or 4. That is a hit-and-run vehicle and neither the driver nor owner can be identified. The vehicle must make physical contact with the Member, Covered Individual, a Covered Auto or a vehicle a Covered Individual is Occupying. However, Uninsured Motor Vehicle does not include any vehicle: 1. Owned or operated by a self-insurer under any applicable motor vehicle law except a self-insurer who is or becomes insolvent and cannot provide the amounts required by that motor vehicle law; 2. Owned by a governmental unit or agency; 3. Designed or modified for use primarily off public roads while not on public roads. III. Who is Covered Under this Agreement A. The Member B. Any Covered Individuals C. Any Covered Occupant IV. Exclusions This coverage afforded under this agreement does not apply to any of the following: A. Punitive or exemplary damages, B. Any claim settled without our written consent, C. The direct or indirect benefit of any insurer or self-insurer under any workers compensation, disability benefits or similar law or to the Uninsured/Underinsured Motorist Coverage 2023-24 Property/Liability Coverage Documents Page:4 of 8 Tel 800-537-7790 Special District Risk Management Authority Fax 916-231-4111 Rev 08/1/2023 www.sdrma.org IV. Exclusions, continued direct benefit of the United States, a state or its political subdivisions. D. Personal Injury sustained by a Member, Covered Individual or Covered Occupant while Occupying or struck by any vehicle owned by the Member that is not a Covered Auto. E. Personal Injury sustained by a Member, Covered Individual or Covered Occupant while Occupying any vehicle leased by the Member under a written contract for a period of 6 months or more that is not a Covered Auto. F. Anyone using a vehicle without a reasonable belief that the person is entitled to do so. V. Limit of Coverage A. Regardless of the number of Covered Autos, Members, Covered Individuals premiums paid, claims made or vehicles involved in the Auto Accident or Covered Occupant the most we will pay for all damages resulting from any one Auto Accident is the COVERAGE LIMIT shown in the Declarations. B. For a vehicle described in paragraph 2 of the definition of Uninsured Motor Vehicle, our Limit of Coverage shall be reduced by all sums paid because of Personal Injury by or for anyone who is legally responsible, including all sums paid or payable under this COVERAGE AGREEMENT. C. No one will be entitled to receive duplicate payments for the same elements of Loss under this Coverage Agreement. We will not make a duplicate payment under this Coverage for any element of Loss for which payment has been made by or for anyone who is legally responsible. We will not pay for any element of Loss if a person is entitled to receive payment for the same element of Loss under any workers' compensation, disability benefits or similar law. VI. Conditions A. Duties in the event of accident, claim, suit or loss: In the event of an Auto Accident, Claim, Suit or Loss you must give SDRMA prompt notice of the Auto Accident or Loss. Include: 1. How, when and where the Accident or Loss occurred; Uninsured/Underinsured Motorist Coverage 2023-24 Property/Liability Coverage Documents Page:5 of 8 Tel 800-537-7790 Special District Risk Management Authority Fax 916-231-4111 Rev 08/1/2023 www.sdrma.org VI. Conditions, continued 2. The Covered Individual’s or Covered Occupant’s name and address; and 3. To the extent possible, the names and addresses of any injured persons and witnesses. 4. Promptly notify the police if a hit-and-run driver is involved. 5. Take all reasonable steps to protect the Covered Auto from further damage. 6. Send us copies of the legal papers if a Suit is brought. In addition, a person seeking coverage under paragraph 2 of the definition of Uninsured Motor Vehicle must: 1. Provide us with a copy of the complaint by personal service or certified mail if the Member, Covered Individual or Covered Occupant brings an action against the owner or operator of such Uninsured Motor Vehicle, 2. Within a reasonable time, make all pleadings and depositions available for copying by us or furnish us copies at our expense, and 3. Provide us with proof that the limits of insurance under any applicable liability bonds or policies have been exhausted by payment of judgments or settlements. B. Legal action against SDRMA: This Coverage Agreement is subject to all of the terms and conditions of the “Arbitration” provision contained in the Memorandum of Coverages or successor documents thereto to which this Coverage Agreement is attached as an exhibit. Subject to the “Arbitration” provision, there will be no right of action against SDRMA under this Coverage Agreement until there has been full compliance with all the terms of this Coverage Agreement or unless within one year from the date of the Auto Accident: 1. Agreement as to the amount due under this insurance has been concluded; 2. The Member, Covered Individual or Covered Occupant has formally instituted arbitration proceedings against us; or 3. Suit for Personal Injury has been filed against the uninsured motorist in a court of competent jurisdiction, Written notice of the Suit must be given to us within a reasonable time after the Member, Covered Individual or Covered Occupant knew, or should have known, that the other motorist is uninsured. In no event will such notice be required before one year from the date of the accident. Failure of the Member, Covered Individual or Uninsured/Underinsured Motorist Coverage 2023-24 Property/Liability Coverage Documents Page:6 of 8 Tel 800-537-7790 Special District Risk Management Authority Fax 916-231-4111 Rev 08/1/2023 www.sdrma.org VI. Conditions, continued Covered Occupant or his or her representative to give us such notice of the Suit will relieve us of our obligations under this Coverage Form only if the failure to give notice prejudices our rights. Notwithstanding any other provision of law, any action against SDRMA for recovery of any sums claimed to be due under this Liability Coverage Agreement shall be filed within one year of the receipt of the written denial of the claim by SDRMA. If the written denial of the claim is appealed pursuant to the terms of this Liability Coverage Agreement, any action against SDRMA for recovery of any sums claimed to be due under this Liability Coverage Agreement shall be filed within one year of the receipt by the Member or Covered Party of the written denial following the appeal. Any such action shall be venued in the Superior Court of California, County of Sacramento. Suits Brought By SDRMA: Any suit or action of any kind relating to this Liability Coverage Agreement brought by SDRMA against any Member, shall be venued in the Superior Court for Sacramento, California (and in no other), and the Member hereby consents to the jurisdiction of said court. C. Transfer of rights of recovery against others to us: 1. With respect to paragraphs 1., 3. and 4. of the definition of Uninsured Motor Vehicle, if we make any payment, we are entitled to recover what we paid from other parties. Any person to or for whom we make payment must transfer to us his or her rights of recovery against any other party. This person must do everything necessary to secure these rights and must do nothing that would jeopardize them. 2. With respect to paragraph 2. of the definition of Uninsured Motor Vehicle, if we make any payment and the Member, Covered Individual or Covered Occupant recovers from another party, the Member, Covered Individual or Covered Occupant shall hold the proceeds in trust for us and pay us back the amount we have paid. D. Other insurance: If there is other applicable Personal Injury uninsured motorist coverage available under one or more Coverage Forms, policies or provisions of coverage: 1. Any recovery for damages may equal but not exceed the highest applicable Limit of Coverage for any one Covered Auto under Uninsured/Underinsured Motorist Coverage 2023-24 Property/Liability Coverage Documents Page:7 of 8 Tel 800-537-7790 Special District Risk Management Authority Fax 916-231-4111 Rev 08/1/2023 www.sdrma.org this Coverage Agreement or any other Coverage Form or policy providing coverage on either a primary or excess basis. In addition, if any such coverage is provided on the same basis, either primary or excess, as the coverage we provide under this coverage agreement, we will pay only our share. Our share is the proportion that our Limit of Coverage bears to the total of all applicable limits for coverage provided on the same basis. 2. For any Covered Auto the Member owns, this Coverage Agreement provides primary coverage. For any Covered Auto the Member does not own, the coverage provided by this Coverage Agreement is excess over any other collectible Personal Injury uninsured motorists coverage. E. Arbitration 1. If we and a Member, Covered Individual or Covered Occupant disagree whether the Member, Covered Individual or Covered Occupant is legally entitled to recover damages from the owner or driver of an Uninsured Motor Vehicle or do not agree as to the amount of damages that are recoverable by that Member, Covered Individual or Covered Occupant, the disagreement will be settled by a single neutral arbitrator. However, disputes concerning coverage under this coverage agreement may not be arbitrated. Either party may make a written demand for arbitration. Each party will bear the expenses of the arbitrator equally. 2. Subject to the provisions of the Government Claims Act, California Government Code § 900 et seq., as a condition precedent to any right of action against SDRMA, any dispute between the Member or any other Covered Party and SDRMA regarding or arising out of the risk financing afforded under the terms of this Coverage Agreement or the coverages provided pursuant thereto, including its formation or validity, or any transaction under the Coverage Agreements issued to the Member by SDRMA, or any dispute or claim of any nature arising from or related in any way to the relationships governed by the Coverage Agreements issued to the Member by SDRMA, whether arising before or after termination, shall be resolved by final and binding arbitration before a certified Arbitrator (affiliated with J.A.M.S., Two Embarcadero Center, Suite 1100, Uninsured/Underinsured Motorist Coverage 2023-24 Property/Liability Coverage Documents Page:8 of 8 Tel 800-537-7790 Special District Risk Management Authority Fax 916-231-4111 Rev 08/1/2023 www.sdrma.org San Francisco, CA 94111), in accordance with its then existing applicable rules of practice and procedure and in accordance with the provisions of the California Code of Civil Procedure, Sections 1280, et seq. The arbitration shall be before a single neutral arbitrator selected jointly by SDRMA and the Member or other Covered Party. If SDRMA and the Covered Party do not agree on the identity of the Arbitrator, the Arbitrator will be appointed by J.A.M.S. Said arbitration shall take place in Sacramento, California unless the Member or other Covered Party and SDRMA jointly agree in writing to a different location. The Arbitrator shall have the power to determine all procedural rules for the holding of the Arbitration including but not limited to determining the arbitrability of claims, prehearing discovery, inspection of documents, examination of witnesses, etc. Both SDRMA and the Member or other Covered Party shall share equally in the cost of the Arbitration and shall otherwise bear their own costs and attorneys’ fees in connection with such Arbitration. Judgment upon any arbitration award may be entered in any court having jurisdiction thereof. F. Appeal: If your claim is denied, you have the right to file a written appeal within 60 days of the date of the written denial. Your appeal must be submitted in writing and should include the reason(s) why you disagree with the denial, along with documentation supporting your appeal. * * * * * SPECIAL DISTRICT RISK MANAGEMENT AUTHORITY Signed by: ____________________________________ __ _July 1, 2023______ Brian Kelley, MBA, ARM Date Chief Executive Officer 16. EMPLOYEE DISHONESTY PROGRAM Declarations – Employee and Public Officials Dishonesty Coverage 2023-24 Property/Liability Coverage Documents Employee Dishonesty: 1 of 2 Tel 800-537-7790 Special District Risk Management Authority Fax 916-231-4111 Rev. 08/01/2023 www.sdrma.org MEMBER COVERED:Costa Mesa Sanitary District 290 Paularino Avenue Costa Mesa, California 92626 Your District/Agency has elected to participate in the risk financing coverage programs described below as “THE PACKAGE PROGRAM” and in such other programs as are indicated herein. These DECLARATIONS together with the Memorandum of Coverage, the Employee and Public Officials Dishonesty Coverage Policy attached as Exhibit D, the terms and conditions of the Sixth Amended and Restated Joint Powers Agreement and Bylaws, or successor documents thereto, constitute the entire agreement concerning risk-financing coverage between the Special District Risk Management Authority and your District/Agency. Please read the Sixth Amended and Restated Joint Powers Agreement and Bylaws of the Special District Risk Management Authority (hereinafter “SDRMA”), or successor documents thereto, together with the Memorandum of Coverages, hereinafter referred to as the “Memorandum” and the policy(ies) attached as Exhibit(s) to ascertain all of your District's/Agency's rights and obligations regarding its relationship with the Special District Risk Management Authority. COVERAGE PERIOD: Jul 01, 2024 at 12:01 a.m. to Jul 01, 2025 at 12:01 a.m. EMPLOYEE AND PUBLIC OFFICIALS DISHONESTY PROGRAM The company identified in Exhibit D will indemnify the Member for any loss of money or securities, belonging to the Member, or in which the Member has a pecuniary interest, or for which the Member is legally liable, or which is held by the Member in any capacity, whether the Member is legally liable therefore or not, which the Member shall, during the term of this Memorandum, sustain or discover that they have sustained, through larceny, theft, embezzlement, forgery, misappropriation, wrongful abstraction, willful misapplication or other fraudulent or dishonest act or acts committed by one or more of the employees, as defined, acting alone or in collusion with others. "Employee" or "Employees": The terms "employee" or "employees" as used herein shall mean, respectively, one or more of the natural persons who on the effective date of this coverage or at any other time during the term of this coverage, are in the regular service of the Member in the ordinary course of the Member’s operations, but does not mean brokers, factors, commission merchants, consignees, contractors or other agents or representatives of the same general character. It is agreed that the terms "employee" or "employees" shall also include volunteers and those officials of the Member, including members of the Board of Directors, who, whether elected or appointed, comprise the governing body of the Member. COVERAGE & LIMITS $1,000,000 Employee Theft-Per Loss Coverage Declarations – Employee and Public Officials Dishonesty Coverage 2023-24 Property/Liability Coverage Documents Employee Dishonesty: 2 of 2 Tel 800-537-7790 Special District Risk Management Authority Fax 916-231-4111 Rev. 08/01/2023 www.sdrma.org SUMMARY:$1,000,000 Forgery or Alteration $1,000,000 Inside Premises—Theft of Money & Securities $1,000,000 Inside Premises—Robbery, Safe Burglary—Other Property $1,000,000 Outside the Premises $1,000,000 Computer Fraud $1,000,000 Money Orders and Counterfeit Paper Currency $1,000,000 Funds Transfer Fraud LIMIT(S)$1,000,000 per loss, subject to all of the terms, conditions, definitions, endorsements, applicable deductibles, exclusions and provisions of the policy contained in Exhibit D. NOTE 1: AS RESPECTS EMPLOYEE DISHONESTY COVERAGE, ABOVE: Coverage for Employee Dishonesty is furnished solely by the insurance policy(ies) referred to herein. SDRMA shall be obligated to pay only the deductible specified in the insurance policy(ies). MEMBER DEDUCTIBLE $0 This information is provided as a general description only, and is not intended to supersede specific policy documents. In the event of a conflict in language, the policy(ies) will be the controlling document. 8533113.1 17. EXHIBIT D EMPLOYEE DISHONESTY 2023-24 Property/Liability Coverage Documents T. 800-537-7790 Special District Risk Management Authority F. 916-231-4111 Rev. 08/1/2023 www.sdrma.org Employee and Public Officials Dishonesty Coverage Exhibit D National Union Fire Insurance Company of Pittsburgh, PA Policy No. 01-301-13-52 (EDC-SDRMA-2023-24) 18. BOARD MEMBER LIABILITY PROGRAM Declarations – Personal Liability Coverage – Board Members/Directors 2023-24 Property/Liability Coverage Documents Personal Liability: 1 of 2 Tel 800-537-7790 Special District Risk Management Authority Fax 916-231-4111 Rev 08/01/2023 www.sdrma.org MEMBER COVERED:Costa Mesa Sanitary District 290 Paularino Avenue Costa Mesa, California 92626 Your District/Agency/City has elected to participate in the risk financing coverage programs described below as “THE PACKAGE PROGRAM” and in such other programs as are indicated herein. These DECLARATIONS together with the Memorandum of Coverage, the Personal Liability Coverage for Board Members/Directors Agreement attached as Exhibit E, the terms and conditions of the Sixth Amended and Restated Joint Powers Agreement and Bylaws, or successor documents thereto, constitute the entire agreement concerning risk- financing coverage between the Special District Risk Management Authority and your District/Agency/City. Please read the Sixth Amended and Restated Joint Powers Agreement and Bylaws of the Special District Risk Management Authority (hereinafter “SDRMA”), or successor documents thereto, together with the Memorandum of Coverages, hereinafter referred to as Memorandum and the Personal Liability for Board Members/Directors Coverage Agreement, to ascertain all of your District's/Agency's/City’s rights and obligations regarding its relationship with the Special District Risk Management Authority. COVERAGE PERIOD: Jul 01, 2024 at 12:01 a.m. to Jul 01, 2025 at 12:01 a.m. IV. PERSONAL LIABILITY COVERAGE FOR BOARD MEMBERS/DIRECTORS SDRMA agrees to pay on behalf of the elected or appointed Board Members/Directors of the Member those sums which the elected or appointed Board Member/Director of the Member shall become legally obligated to pay as damages for any claim or claims for Personal Injury to a third party, to which this coverage applies. This agreement is subject to all of the terms, conditions, definitions, endorsements, exclusions, and provisions of Personal Liability Coverage for Board Members/Directors Coverage Agreement contained in Exhibit E. LIMIT(S)$500,000 each Occurrence, with an annual aggregate of $500,000 per each elected/appointed board member or director of SDRMA's Member Agency(s)/ District(s)/City(ies) to which this coverage applies, subject to the terms, conditions and exclusions as provided in the Personal Liability Coverage for Board Members/Directors Agreement set forth in Exhibit E, and subject further to the terms, conditions, deductibles ($500 per occurrence) and exclusions of the Personal Liability Coverage Board Members/Directors Coverage Agreement contained in Exhibit E.* Provided, however, that SDRMA’s maximum limit of liability for all elected/appointed board members or directors of SDRMA’s Member Declarations – Personal Liability Coverage – Board Members/Directors 2023-24 Property/Liability Coverage Documents Personal Liability: 2 of 2 Tel 800-537-7790 Special District Risk Management Authority Fax 916-231-4111 Rev 08/01/2023 www.sdrma.org Agency(s)/District(s)/City(ies) to which this coverage applies, under all such Personal Liability Coverage for Board Members/Directors Agreements affording coverage to all SDRMA members during the memorandum period, shall not exceed the collective aggregate amount of $1,000,000. MEMBER DEDUCTIBLE $25,000 per occurrence per occurrence This information is provided as a general description only, and is not intended to supersede specific policy documents. In the event of a conflict in language, the policy(ies) will be the controlling document. 19. EXHIBIT E BOARD MEMBER LIABILITY 2023-24 Property/Liability Coverage Documents T. 800-537-7790 Special District Risk Management Authority F. 916-231-4111 Rev. 08/1/2023 www.sdrma.org Personal Liability for Board Members/Directors Coverage Agreement Exhibit E Special District Risk Management Authority Policy No. LCA-SDRMA-2023-24 Personal Liability Coverage for Board Members/Directors 2023-24 Property/Liability Coverage Documents Page 1 of 12 Tel 800-537-7790 Special District Risk Management Authority Fax 916-231-4111 Rev 08/1/2023 www.sdrma.org Personal Liability for Board Members/Directors Coverage Agreement Exhibit E No. LCA-SDRMA-2023-24 Agreement We will provide the Risk Financing described in this Coverage Agreement. In return you will pay the assessment, if any, and comply with all Coverage Agreement conditions. I. Definitions Throughout this Coverage Agreement "you" and "your" mean the Member shown on the Declarations. "We", "us" and "our" mean Special District Risk Management Authority (hereinafter SDRMA). In addition, certain words appearing in bold face type are defined as follows: A. Aircraft means any device used or designed for flight including self- propelled missiles and spacecraft, except model or hobby aircraft not used or designed to carry people or cargo. B. Annual Aggregate Limit means the total amount we will pay for all the Occurrences which happen in each 12-month period, beginning with the inception date of this Coverage Agreement, regardless of the number of such Occurrences. C. Bodily Injury means bodily harm, sickness or disease, including care, loss of services and death resulting from that injury. D. Business means any full or part-time trade, profession or occupation, but shall not include activities pertaining to a Covered Individual’s pursuit of or holding of an elected public office for the named Member. E. Business Property means property pertaining to or intended for use in business. F. Collective Aggregate Stop Loss Limit means the total amount SDRMA will pay for all Occurrences under all Supplemental Coverage Agreements affording coverage to all SDRMA Members during the Memorandum Period. G. Covered Individual(s) means a person duly elected or appointed to and holding an elected or appointed director or board member position in any district/agency which is a Member of SDRMA. Personal Liability Coverage for Board Members/Directors 2023-24 Property/Liability Coverage Documents Page 2 of 12 Tel 800-537-7790 Special District Risk Management Authority Fax 916-231-4111 Rev 08/1/2023 www.sdrma.org H. Member means the District, agency or entity identified in the Declarations of which the Covered Individual is a duly elected or appointed director or board member. I. Motor Vehicle means: 1. A motorized land vehicle, including a trailer, semi-trailer or motorized bicycle, designed for travel on public roads. 2. Any vehicle while being towed or carried on a vehicle described in I.1. 3. Any other motorized land vehicle designed for recreational use off public roads. None of the following is a Motor Vehicle: 1. A motorized golf cart while on the golf course and used for golfing purposes. 2. A motorized land vehicle, not subject to motor vehicle registration, used only on a covered individual location. 3. Any watercraft or camp, home or utility trailer not being towed or carried on a vehicle described in I1. J. Nuclear Hazard means nuclear reaction, radiation, radioactive contamination, or any result of these. This includes the negligent, defective or improper design, construction or maintenance of a nuclear facility, or any other act or omission which results in a nuclear hazard. K. Occurrence means an offense which results, during the Memorandum period, in personal injury. Repeated or continuous exposure to the same general conditions is considered to be one occurrence. L. Personal Injury means: 1. Bodily Injury, mental anguish or mental injury; 2. False arrest, false imprisonment, wrongful detention, or malicious prosecution; 3. Wrongful entry into, or eviction of any person from, a room, dwelling or premises that a person occupies, or other invasion of the right of private occupancy by or on behalf of its owner, landlord or lessor; Personal Liability Coverage for Board Members/Directors 2023-24 Property/Liability Coverage Documents Page 3 of 12 Tel 800-537-7790 Special District Risk Management Authority Fax 916-231-4111 Rev 08/1/2023 www.sdrma.org 4. A publication, including a publication placed on the internet or on similar electronic means of communication or an utterance that slanders or libels a person or organization or disparages a person’s or organization’s goods, products or services; 5. A publication, including a publication placed on the internet or on similar electronic means of communication or utterance that violates a person’s right of privacy; 6. Assault and battery, not committed by or at the direction of, or with the consent of the Covered Individual. However, this limitation does not apply if committed or directed for the purpose of protecting persons from injury or death, or property from damage; Parts 4 and 5 above do not apply to advertising, publishing, broadcasting or telecasting done by or for the Member. M. Residence Premises means the one or two-family dwelling and separate structures or that part of any other building where the Covered Individual resides. Residence Premises includes the grounds on which the dwelling and separate structures are located. II. Liability Coverages Coverage - Personal Liability: We will pay those damages which a Covered Individual becomes legally obligated to pay because of Personal Injury resulting from an Occurrence to which this coverage applies. With attorneys of our choice, we will defend a Covered Individual against any covered claim or suit. We will also pay: A. All costs we incur in the settlement of a claim or defense of a suit with attorneys of our choice. B. Assessments on bonds required in a suit we defend, but not for bond amounts greater than the Personal Liability limit of liability. We are not obligated to apply for or furnish a bond. C. Reasonable expenses incurred by a Covered Individual at our request to help us investigate or defend a claim or suit. These include loss of earnings (but not other income) of up to $60 per day. Personal Liability Coverage for Board Members/Directors 2023-24 Property/Liability Coverage Documents Page 4 of 12 Tel 800-537-7790 Special District Risk Management Authority Fax 916-231-4111 Rev 08/1/2023 www.sdrma.org D. Interest after entry of judgment on any amount that does not exceed our limit of liability. All defense costs we incur in the defense of any claim or suit are included within the limits of risk financing stated in the Declarations. We are not obligated to pay any costs, including attorneys’ fees, of any claim or suit where you select an attorney not chosen by us because there is a dispute between you and us over coverage. We may investigate and settle any claim or suit that we consider proper. Our obligation to defend any claim or suit ends once we have paid our limit of liability in damages, defense costs or both. III. Exclusions This coverage does not apply to and SDRMA shall have no duty to defend with respect to: A. Liability of a Covered Individual assumed under any contract or agreement relating to a Business of a Covered Individual. B. Liability of any Person or organization other than a Covered Individual assumed under any contract or agreement, whether Business or non-business. C. Liability under any agreement between a Covered Individual and a corporation or association of property owners. D. Personal Injury expected or intended by the Covered Individual. E. Personal Injury caused by a violation of penal law or ordinance committed by or with the knowledge or consent of any covered individual. F. Personal Injury to any resident of the Residence Premises. G. Any loss, cost, or expense resulting from the clean-up, detoxification, or treatment of any site used by you or any Person acting on your behalf for the disposal, storage, handling, processing or treatment of waste. H. Liability which arises from or during the course of Business pursuits of a Covered Individual. Personal Liability Coverage for Board Members/Directors 2023-24 Property/Liability Coverage Documents Page 5 of 12 Tel 800-537-7790 Special District Risk Management Authority Fax 916-231-4111 Rev 08/1/2023 www.sdrma.org I. Liability which results from the rendering or failure to render business or professional services. J. Liability which is either: 1. Caused intentionally by or at the direction of a Covered Individual; or 2. Results from any occurrence caused by an intentional act of any covered individual where the results are reasonably foreseeable. K. Liability of any Covered Individual arising out of home care services provided to any person on a regular basis by or at the direction of: 1. Any Covered Individual; 2. Any employee of the Covered Individual; 3. Any other person actually or apparently acting on behalf of any Covered Individual. Regular basis means more than 20 hours per week. L. Liability which results from a Covered Individual transmitting a communicable (including sexually transmitted) disease. M. Liability which results from an existing condition on a location owned by or rented to a Covered Individual. N. Liability which results from the ownership, maintenance, use, loading or unloading of: 1. Aircraft 2. Motor vehicles 3. Jet skis and jet sleds or 4. Any other watercraft owned or rented to a Covered Individual and which: a. has more than 50 horsepower inboard or inboard-outdrive motor power; or b. is powered by one or more outboard motors with more than 25 total horsepower; or c. is a sailing vessel 26 feet or more in length. Exclusions G3, and G4, do not apply while jet skis, jet sleds or watercraft are stored. O. Liability which results from the entrustment of any Aircraft, Motor Vehicles, jet skis, or jet sleds to any Person. Entrustment means the permission you give to any person other than you to use any Personal Liability Coverage for Board Members/Directors 2023-24 Property/Liability Coverage Documents Page 6 of 12 Tel 800-537-7790 Special District Risk Management Authority Fax 916-231-4111 Rev 08/1/2023 www.sdrma.org personal Aircraft, Motor Vehicles, jet skis, or jet sleds owned or controlled by you. P. Liability which results from the entrustment of watercraft described in G4, above. Q. Liability which is caused directly or indirectly by war, including undeclared war, civil war, insurrection, rebellion, revolution, or warlike act by military personnel. Discharge of a nuclear weapon, whether or not accidental, is deemed a warlike act. R. Liability which arises out of the sale or transfer of real property including but not limited to the following: 1. Known or unknown property or structural defects; 2. Known or hidden defects in the plumbing, heating, and electrical systems; 3. Known or unknown soil conditions or drainage problems; 4. Concealment or misrepresentation of any known defects. IV. Conditions A. Limit of Risk Financing. The Limit of liability shown in the Declarations for Personal Liability is the Annual Aggregate Limit. This is the most we will pay in each 12-month period regardless of the number of: 1. Covered Individuals; 2. Claims made or suits brought; or 3. Persons or organizations making claims or bring suits. The Annual Aggregate Limit will be reinstated at each annual or anniversary date of this Coverage Agreement. However, in no event will SDRMA’s liability under all Supplemental Coverage Agreements issued to all SDRMA Members during the Memorandum Period exceed the “Collective Aggregate Stop Loss” shown in the Declarations. B. Separate Financing. This Risk Financing applies separately to each Covered Individual. This Condition does not increase our limit of liability for any one 12-month period. C. Duties After Loss. In case of an Occurrence the Covered Individual will perform the following duties: Personal Liability Coverage for Board Members/Directors 2023-24 Property/Liability Coverage Documents Page 7 of 12 Tel 800-537-7790 Special District Risk Management Authority Fax 916-231-4111 Rev 08/1/2023 www.sdrma.org 1. Give written notice to us or our agent as soon as possible stating: a. the number and name of the Covered Individual. b. the time, place and circumstances of the Occurrence. c. names and addresses of claimants and witnesses. 2. Promptly send us any legal papers received relating to a claim or suit. 3. Cooperate with and assist us in any matter relating to a claim or suit. 4. Under Damage to Property of Others Coverage, send us a sworn statement of loss within 60 days of the loss. Also, exhibit any damaged property which is within the Covered Individual’s control. 5. The Covered Individual will not, except at the Covered Individual’s own cost, voluntarily make any payment, assume any obligation or incur any expense except First Aid Expenses. D. Suit Against Us. This Liability Coverage Agreement is subject to all of the terms and conditions of the “Arbitration” provision contained in the Memorandum of Coverages or successor documents thereto to which this Liability Coverage Agreement is attached as an exhibit. Subject to the “Arbitration” provision, there will be no right of action against SDRMA unless there has been full compliance with the terms of this Liability Coverage Agreement. No one has any right to make us a party to a suit to determine the liability of a Person we insure. We may not be sued under Personal Liability Coverage until the obligation of the Covered Individual has been determined by final judgment or agreement signed by us. Notwithstanding any other provision of law, any action against SDRMA for recovery of any sums claimed to be due under this Liability Coverage Agreement shall be filed within one year of the receipt of the written denial of the claim by SDRMA. If the written denial of the claim is appealed pursuant to the terms of this Liability Coverage Agreement, any action against SDRMA for recovery of any sums claimed to be due under this Liability Coverage Agreement shall be filed within one year of the receipt by the Member or Covered Party of the written denial following the appeal. Any such action shall be venued in the Superior Court of California, County of Sacramento. Suits Brought By SDRMA. Any suit or action of any kind relating to this Liability Coverage Agreement brought by SDRMA against any Member, shall be venued in the Superior Court for Sacramento, Personal Liability Coverage for Board Members/Directors 2023-24 Property/Liability Coverage Documents Page 8 of 12 Tel 800-537-7790 Special District Risk Management Authority Fax 916-231-4111 Rev 08/1/2023 www.sdrma.org California (and in no other), and the Member hereby consents to the jurisdiction of said court. E. Bankruptcy of a Covered Individual. Bankruptcy or insolvency of a Covered Individual will not relieve us of our duties under this Coverage Agreement. F. Other Risk Financing - Personal Liability. This Risk Financing is excess over any other valid and collectible Risk Financing and/or other insurance. But if other Risk Financing is specifically written as excess coverage over this Coverage Agreement, the limit of this Coverage Agreement applies first. G. Entire Contract. This Coverage Agreement, the Declarations and any endorsements include all the agreements between you and us relating to this Risk Financing. H. Coverage Agreement Period. This Coverage Agreement applies only to loss for Personal Injury which occurs during the Coverage Agreement period as shown in the Declarations. I. Concealment of Fraud. This entire Coverage Agreement is void if any Covered Individual has knowingly and willfully concealed or misrepresented any material fact or circumstance relating to this Risk Financing before or after the loss. J. Coverage Changes. We may change this Coverage Agreement or replace it to conform to coverage currently in use. If we broaden coverages without charge during or within 60 days prior to the Coverage Agreement period, the broadened coverage will apply immediately. If we restrict any coverages, these restrictions will not apply until the next renewal date. The change or new Coverage Agreement will be delivered to you or mailed to you at your mailing address shown on the Declarations at least 30 days before its effective date. No other change or waiver in this Coverage Agreement is valid except by endorsement, new Declarations, or new Coverage Agreement issued by us. If an assessment adjustment is necessary, we will make the adjustment as of the effective date of the change. K. Cancellation. 1. You may cancel this Coverage Agreement by: Personal Liability Coverage for Board Members/Directors 2023-24 Property/Liability Coverage Documents Page 9 of 12 Tel 800-537-7790 Special District Risk Management Authority Fax 916-231-4111 Rev 08/1/2023 www.sdrma.org a. Returning it to us, or b. Notifying us in writing when cancellation is to take effect. 2. We may cancel this Coverage Agreement by mailing or delivering written notice to you, or your representative. Such notice will be mailed or delivered to the last address known to us. The mailing of it will be sufficient proof of notice. 3. We may cancel this Coverage Agreement for the following reasons: a. Non-payment of assessment, whether payable to us or our agent. We may cancel at any time by notifying you at least 10 days before the date cancellation takes effect. b. Any reason, when this Coverage Agreement has been in effect for less than 60 days and is not a renewal with us. We shall notify you at least 10 days before the date cancellation takes effect. If the Coverage Agreement period is longer than one year and has been in effect for 60 days or more we may cancel at the anniversary date for any reason. We will notify the Member at least 30 days before the cancellation takes effect. 4. If this Coverage Agreement has been in effect for 60 days or more, or at anytime if it is a renewal with us, we may cancel only for one or more of the following reasons: a. A Covered Individual has been convicted of a crime having as one of its necessary elements an act increasing any hazard covered under this Coverage Agreement. b. Discovery of fraud or material misrepresentation by the Covered Individual or the Covered Individual's representative in either obtaining this Coverage Agreement or pursuing a claim under this Coverage Agreement. c. Discovery of grossly negligent acts or omissions by the Covered Individual's representative which substantially increases any of the hazards covered under this Coverage Agreement. We will notify you in writing at least 30 days before the cancellation takes effect. Personal Liability Coverage for Board Members/Directors 2023-24 Property/Liability Coverage Documents Page 10 of 12 Tel 800-537-7790 Special District Risk Management Authority Fax 916-231-4111 Rev 08/1/2023 www.sdrma.org L. Return of Assessment. Cancellation of or changes in this Coverage Agreement may result in an assessment refund. If so, we will send it to you within 30 days after cancellation or change takes effect. 1. If you cancel this Coverage Agreement, we will return the short rate unused share of the assessment. 2. If we cancel this Coverage Agreement, we will return the pro-rated unused share of the assessment. M. Non-Renewal. We may elect: 1. Not to renew this Coverage Agreement; or 2. To condition its renewal on a reduction of limits or a reduction or elimination of coverages. We may do so by delivering to you or mailing to you at your mailing address shown in the Declarations, written notice at least 30 days before the expiration date of this Coverage Agreement. The mailing of it will be sufficient proof of notice. If this Coverage Agreement is written for a period of less than one year we agree not to refuse to renew except at the end of an annual period beginning with the original or renewal effective date. N. Assignment. Your interest in this Coverage Agreement may not be transferred to another person without our written consent. If you should die, we cover: 1. Any member of your household who is a Covered Individual at the time of your death, but only while a resident of the Residence Premises. 2. Your legal representative, but only with respect to your premises covered under the Coverage Agreement at the time of death. 3. Any Person having proper custody of your Covered Individual property until a legal representative is appointed. O. Subrogation. A Covered Individual may waive in writing before a loss all rights of recovery against any Person. If not waived, we may require an assignment of rights of recovery for a loss to the extent that payment is made by us. If we seek an assignment, a Covered Individual will help us to secure these rights and do nothing to impair them. Personal Liability Coverage for Board Members/Directors 2023-24 Property/Liability Coverage Documents Page 11 of 12 Tel 800-537-7790 Special District Risk Management Authority Fax 916-231-4111 Rev 08/1/2023 www.sdrma.org P. Conflict of Terms. If there are tenants of this Coverage Agreement which conflict with laws of the state where issued, the terms are amended to conform to such laws. Q. Coverage Agreement Fees. If you pay a Coverage Agreement Fee it is not fully earned when the Coverage Agreement is issued. It is not part of the assessment. It is not returnable. However, you may apply it as a credit toward Coverage Agreement fees required for other Risk Financing accepted by us. R. Other Risk Financing. This Coverage Agreement shall not apply to any claim for which coverage or defense is provided under any other Special District Risk Management Authority coverage. S. Deductible. 1. Our obligation under LIABILITY COVERAGES of this Coverage Agreement to pay damages on behalf of the Covered Individual applies only to the amount of damages in excess of any deductible amount stated in the Declarations. 2. The deductible amount stated in the Declarations applies to all damages sustained by any person or organization as the result of any one claim. 3. The deductible amount stated in the Declarations applies to each claim and includes loss payments and adjustment, investigative and legal fees and costs, whether or not loss payment is involved. 4. The terms of this Risk Financing, including those with respect to a. our rights and duty to defend any claims seeking damages, and b. your duties in the event of a potential or actual claim apply irrespective of the application of the deductible amount. 5. We may pay any part or all of the deductible amount to effect settlement of any claim and upon notification of the action taken, you shall promptly reimburse us for such part of the deductible amount as has been paid by us. T. Arbitration. Subject to the provisions of the Government Claims Act, California Government Code § 900 et seq., as a condition precedent to any right of action against SDRMA, any dispute between the Member or any other Covered Party and SDRMA regarding or arising out of the risk financing afforded under the terms of this Liability Coverage Agreement or the coverages provided pursuant thereto, including its Personal Liability Coverage for Board Members/Directors 2023-24 Property/Liability Coverage Documents Page 12 of 12 Tel 800-537-7790 Special District Risk Management Authority Fax 916-231-4111 Rev 08/1/2023 www.sdrma.org formation or validity, or any transaction under the Liability Coverage Agreements issued to the Member by SDRMA, or any dispute or claim of any nature arising from or related in any way to the relationships governed by the Liability Coverage Agreements issued to the Member by SDRMA, whether arising before or after termination, shall be resolved by final and binding arbitration before a certified Arbitrator (affiliated with J.A.M.S., Two Embarcadero Center, Suite 1100, San Francisco, CA 94111), in accordance with its then existing applicable rules of practice and procedure and in accordance with the provisions of the California Code of Civil Procedure, Sections 1280, et seq. The arbitration shall be before a single neutral arbitrator selected jointly by SDRMA and the Member or other Covered Party. If SDRMA and the Covered Party do not agree on the identity of the Arbitrator, the Arbitrator will be appointed by J.A.M.S. Said arbitration shall take place in Sacramento, California unless the Member or other Covered Party and SDRMA jointly agree in writing to a different location. The Arbitrator shall have the power to determine all procedural rules for the holding of the Arbitration including but not limited to determining the arbitrability of claims, prehearing discovery, inspection of documents, examination of witnesses, etc. Both SDRMA and the Member or other Covered Party shall share equally in the cost of the Arbitration and shall otherwise bear their own costs and attorneys’ fees in connection with such Arbitration. Judgment upon any arbitration award may be entered in any court having jurisdiction thereof. U. Appeal. If your claim is denied, you have the right to file a written appeal within 60 days of the date of the written denial. Your appeal must be submitted in writing and should include the reason(s) why you disagree with the denial, along with documentation supporting your appeal. * * * * * SPECIAL DISTRICT RISK MANAGEMENT AUTHORITY Signed by: __________________________________ __ July 1, 2023_______ Brian Kelley, MBA, ARM Date Chief Executive Officer 20. CYBER PROGRAM Declarations – Cyber Coverage 2023-2024 Property/Liability Coverage Documents Cyber Coverage: 1 of 3 Tel 800-537.7790 Special District Risk Management Authority Fax 916-231-4111 Rev. 08/01/2023 www.sdrma.org MEMBER COVERED:Costa Mesa Sanitary District 290 Paularino Avenue Costa Mesa, California 92626 Your District/Agency/City has elected to participate in the risk financing coverage programs described below as “THE PACKAGE PROGRAM” and in such other programs as are indicated herein. These DECLARATIONS together with the Memorandum of Coverage, the Beazley Information Security & Privacy Insurance With Electronic Media Liability Coverage Policy attached as Exhibit F, the terms and conditions of the Sixth Amended and Restated Joint Powers Agreement and Bylaws, or successor documents thereto, constitute the entire agreement concerning risk-financing coverage between the Special District Risk Management Authority and your District/Agency/City. Please read the Sixth Amended and Restated Joint Powers Agreement and Bylaws of the Special District Risk Management Authority (hereinafter “SDRMA”), or successor documents thereto, together with the Memorandum of Coverages, hereinafter referred to as the “Memorandum,” to ascertain all of your District's/Agency's/City’s rights and obligations regarding its relationship with the Special District Risk Management Authority. COVERAGE PERIOD: Jul 01, 2024 at 12:01 a.m. to Jul 01, 2025 at 12:01 a.m. RETROACTIVE DATE See Item 7 of Exhibit F. Exclusions:Please refer to the exclusions as per the terms of the Exhibit F COVERAGE(S) LIMITS Subject to NOTE 1 below $ 2,000,000 Annual Aggregate Limit of Liability for each Insured/Member for Information Security & Privacy Liability. Each Member of a JPA will have a $2,000,000 Limit Each (Aggregate for all coverages combined, including Claim Expenses) but sub-limited to: $ 500,000 Annual Policy Aggregate Limit of Liability for each Insured/Member Privacy Notification Costs coverage. Limit is $1,000,000 if Beazley vendor services are used. $ 2,000,000 Annual Aggregate Limit of Liability for each Insured/Member for Claims Expenses and Penalties for Regulatory Defense and Penalties. PCI Fines and Penalties coverage added with sublimit of $2,000,000. Declarations – Cyber Coverage 2023-2024 Property/Liability Coverage Documents Cyber Coverage: 2 of 3 Tel 800-537.7790 Special District Risk Management Authority Fax 916-231-4111 Rev. 08/01/2023 www.sdrma.org NOTE 1: COVERAGE ENDORSEMENT(S): $ 2,000,000 Annual Aggregate Limit of Liability for each Insured/Member for or all Damages and Claims Expenses for Website Media Content Liability (Occurrence Based) $ 750,000 Policy Aggregate Sublimit of Liability for each Insured/Member for Cyber Extortion Loss. $ 750,000 Policy Aggregate Sublimit of Liability for each Insured/Member for Business Interruption Loss Resulting from Security Breach. $ 750,000 Policy Aggregate Sublimit of Liability for each Insured/Member for Data Recovery Costs. $ 750,000 Dependent Business Loss resulting from Security Breach. $ 500,000 Annual Aggregate Limit of Liability for each Insured/Member for Business Interruption Loss resulting from System Failure. $ 100,000 Annual Aggregate Limit of Liability for each Insured/Member for Dependent Business Interruption Loss resulting from Dependent System Failure. Each of the above limits of liability are subject to an Annual Policy and Program Aggregate Limit of Liability aggregate limit of $40,000,000 for all SDRMA members combined. $75,000 Policy Aggregate Sublimit of Liability applicable to all loss under Insuring Agreement FI – Fraudulent Instruction. To indemnify the Named Insured for, in excess of the application Retention, resulting directly from an Insured having transferred, paid, or delivered any Money or Securities as a direct result of Fraudulent Instructions. $75,000 Policy Aggregate Sublimit of Liability applicable to all loss under Insuring Agreement TF – Telecommunications Fraud. To Indemnify the Insured Organization for any Telecommunications Fraud Loss, in excess of the applicable Retention, incurred by the Insured during the Policy Period. $75,000 Annual Aggregate Limit of Liability for each Insured/Member for Funds Transfer Fraud. $100,000 Annual Aggregate Limit of Liability for each Insured/Member for Computer Hardware Replacement Costs. Declarations – Cyber Coverage 2023-2024 Property/Liability Coverage Documents Cyber Coverage: 3 of 3 Tel 800-537.7790 Special District Risk Management Authority Fax 916-231-4111 Rev. 08/01/2023 www.sdrma.org $50,000 Policy Aggregate Sublimit of Liability for all Consequential Reputational Loss. To indemnify the Named Insured for Consequential Reputational Loss, in excess of the applicable Retention, incurred by the Insured Organization during the Notification Period as a direct result of an incident for which Notification Services are provided pursuant to Insuring Agreement B.3. MEMBER DEDUCTIBLES $50,000 (a) per Claim under Insuring Clause A, (b) per incident under Insuring Clause B, plus 20% for public relations consulting fee coverage and 20% for the costs of a Credit File Monitoring Program, (c) per claim under Insuring Clause C, (d) per one or more acts in the course of covered media activities under Insuring Clause D, (e) per extortion threat under Insuring Clause E, (f) per Data Protection Loss under Insuring Clause F and (g) per business interruption loss under Insuring Clause G. Insuring Clause G: Waiting period – eight (8) hours. NOTE 2: AS CYBER COVERAGE, ABOVE: CYBER COVERAGE is furnished solely by the insurance policy(ies) referred to herein. With the exception of the difference in the deductibles between those stated above and those stated in Exhibit F, SDRMA shall not be responsible for the deductibles in the Cyber Liability Program. This information is provided as a general description only, and is not intended to supersede specific policy documents. In the event of a conflict in language, the policy(ies) will be the controlling document. 8533078.1 21. EXHIBIT F CYBER COVERAGE 2023-24 Property/Liability Coverage Documents T. 800-537-7790 Special District Risk Management Authority F. 916-231-4111 Rev. 8/1/2023 www.sdrma.org Cyber Coverage Exhibit F Lloyds’ of London Beazley Syndicate #2623-623 (Beazley Information Security & Privacy Insurance With Electronic Media Liability Coverage) Policy No. FN2305500 2023-2024 Alliant Property Insurance Program (APIP) Cyber Liability Evidence Page 1 of 9 Special District Risk Management Authority (SDRMA) ALLIANT INSURANCE SERVICES, INC. ALLIANT PROPERTY INSURANCE PROGRAM (APIP) CYBER INSURANCE EVIDENCE ATTACHMENT CORE COVERAGE TYPE OF COVERAGE: PROGRAM: NAMED INSURED: Information Security & Privacy Insurance with Electronic Media Liability Coverage Alliant Property Insurance Program (APIP) inclusive of Public Entity Property Insurance Program (PEPIP), and Hospital All Risk Property Program (HARPP) APIP Cyber and Pollution Programs, Inc. which may include any member(s), entity(ies), agency(ies), organization(s), enterprise(s) and/or individual(s), attaching to each Declaration insured under the ALLIANT PROPERTY INSURANCE PROGRAM (APIP), inclusive of PUBLIC ENTITY PROPERTY INSURANCE PROGRAM (PEPIP) and HOSPITAL ALL RISK PROPERTY PROGRAM (HARPP) as their respective rights and interests may appear which now exist or which hereafter may be created or acquired and which are owned, financially controlled or actively managed by the herein named interest, all jointly, severally or in any combination of their interests, for account of whom it may concern (all hereinafter referred to as Member(s) / Entity(ies). DECLARATION: Various Declarations as on file with Insurer POLICY PERIOD: July 1, 2023 to July 1, 2024 POLICY #: FN2305500 TERRITORY:WORLD-WIDE RETROACTIVE DATE:APIP/PEPIP For new members –the retro active date will be the date of addition July 1, 2023 For existing members included on the July 1, 2023/24 policy July 1, 2022 For existing members included on the July 1, 2022/23 policy July 1, 2021 For existing members included on the July 1, 2021/22 policy July 1, 2020 For existing members included on the July 1, 2020/21 policy July 1, 2019 For existing members included on the July 1, 2019/20 policy July 1, 2018 For existing members included on the July 1, 2018/19 policy July 1, 2017 For existing members included on the July 1, 2017/18 policy July 1, 2016 For existing members included on the July 1, 2016/17 policy July 1, 2015 For existing members included on the July 1, 2015/16 policy July 1, 2014 For existing members included on the July 1, 2014/15 policy July 1, 2013 For existing members included on the July 1, 2013/14 policy July 1, 2012 For existing members included on the July 1, 2012/13 policy July 1, 2011 For existing members included on the July 1, 2011/12 policy July 1, 2010 For existing members included on the July 1, 2010/11 policy July 1, 2010 For existing insured’s included on the July 1, 2010/11 policy 2023-2024 Alliant Property Insurance Program (APIP) Cyber Liability Evidence Page 2 of 9 Special District Risk Management Authority (SDRMA) COVERAGES & LIMITS: Ai.$ 45,000,000 Annual Policy and Program Aggregate Limit of Liability (subject to policy exclusions) for all Insureds/Members combined (Aggregate for all coverages combined, including Claims Expenses), subject to the following limits and sub-limits as noted. Aii.$ 2,000,000 Insured/Member Annual Aggregate Limit of Liability (subject to policy exclusions) for each Insured/Member, within the Annual Policy and Program Aggregate Limit of Liability and JPA/Pool Annnual Aggregate Limit of Liability (Aggregate for all coverages combined, including Claim Expenses) subject to the following limits and sub-limits as noted. BREACH RESPONSE Breach Response Costs: $500,000 Aggregate Limit of Liability for each Insured/Member (Limit is increased to $1,000,000 if Beazley Nominated Services Providers are used) FIRST PARTY LOSS Business Interruption and Dependent Business Interruption Aggregate Sublimit Business Interruption Loss Resulting from Security Breach: Business Interruption Loss Resulting from System Failure: $750,000 Aggregate Limit of Liability for each Insured/Member $750,000 Aggregate Limit of Liability for each Insured/Member (Within the $750,000 Business Interruption and Dependent Business Interruption Aggregate Sublimit) $500,000 Aggregate Limit of Liability for each Insured/Member (Within the $750,000 Business Interruption and Dependent Business Interruption Aggregate Sublimit) CSU July 1, 2008 California State University and CSU Auxiliary Organizations INSURER:Lloyd’s of London - Beazley Syndicate: Syndicates 2623 - 623 - 100% Liberty Surplus Insurance Corporation (Ironshore) Associated Industries Insurance Company, Inc.(AmTrust Financial) 2023-2024 Alliant Property Insurance Program (APIP) Cyber Liability Evidence Page 3 of 9 Special District Risk Management Authority (SDRMA) Dependent Business Loss Resulting from Security Breach: Dependent Business Loss Resulting from System Failure: Cyber Extortion Loss: Data Recovery Costs: $ 750,000 Aggregate Limit of Liability for each Insured/Member (Within the $750,000 Business Interruption and Dependent Business Interruption Aggregate Sublimit) $100,000 Aggregate Limit of Liability for each Insured/Member (Within the $750,000 Business Interruption and Dependent Business Interruption Aggregate Sublimit) $750,000 Aggregate Limit of Liability for each Insured/Member $ 750,000 Aggregate Limit of Liability for each Insured/Member Data & Network Liability: Regulatory Defense & Penalties: $2,000,000 Aggregate Limit of Liability for each Insured/Member for all Damages and Claims Expenses $2,000,000 Aggregate Limit of Liability for each Insured/Member Payment Card Liabilities & Costs: Media Liability: $2,000,000Aggregate Limit of Liability for each Insured/Member $2,000,000 Aggregate Limit of Liability for each Insured/Member for all Damages and Claims Expenses eCRIME Fraudulent Instruction: Funds Transfer Fraud: Telephone Fraud: $75,000 Aggregate Limit of Liability for each Insured/Member $75,000 Aggregate Limit of Liability for each Insured/Member $75,000 Aggregate Limit of Liability for each Insured/Member CRIMINAL REWARD Criminal Reward:$25,000 Aggregate Limit of Liability for each Insured/Member COVERAGE ENDORSEMENT(S) Reputation Loss: Claims Preparation Costs for Reputation Loss Claims Only: $100,000 Aggregate Limit of Liability for each Insured/Member $ 50,000 Aggregate Limit of Liability for each Insured/Member 2023-2024 Alliant Property Insurance Program (APIP) Cyber Liability Evidence Page 4 of 9 Special District Risk Management Authority (SDRMA) Computer Hardware Replacement Costs: Invoice Manipulation: Cryptojacking: $100,000 Aggregate Limit of Liability for each Insured/Member $100,000 Aggregate Limit of Liability for each Insured/Member $ 25,000 Aggregate Limit of Liability for each Insured/Member RETENTION:TBD CSU Auxiliary Organizations only $50,000 Per Claim for each Member/Insured with Total Insured Value (TIV) up to $250,000,000 at the time of policy inception 8 Hour waiting period for Dependent/Business Interruption Loss $100,000 Per Claim for each Member/Insured with Total Insured Value (TIV) greater than $250,000,000 and up to $750,000,000 at the time of policy inception 8 Hour waiting period for Dependent/Business Interruption Loss $250,000 Per Claim for each Member/Insured with Total Insured Value (TIV) greater than $750,000,000 at the time of policy inception 8 Hour waiting period for Dependent/Business Interruption Loss NOTICES:Policy coverage of this policy provides coverage on a claims made and reported basis; except as otherwise provided, coverage under noted coverage schedule applies only to claims first made against the Insured/Member and reported to underwriters during the policy period. Claims expenses shall reduce the applicable limit of liability and are subject to the applicable retention. This is a shared limit policy among the Named Insureds. The per Insured/Member policy limits are on a per claim or incident for each Insured/Member basis, sub-limits listed are aggregated per Insured/Member and are within the total Insured/Member aggregate limit. In the event of a claim/incident with multiple Insureds/Members exhausting the program aggregate limit provided by the Insurer to Insureds/Members, payment to all Insureds/Members for the claim/incident will be determined by the Insurer. Where coverages are aggregated, sub-limit and limits apply to all Insureds/Members for the entire Policy Period unless specifically stated otherwise. The policy aggregate limit is not a per Insured/Member maximum limit. EXTENDED REPORTING PERIOD: For Named Insured - To be determined at the time of election (additional premium will apply) 2023-2024 Alliant Property Insurance Program (APIP) Cyber Liability Evidence Page 5 of 9 Special District Risk Management Authority (SDRMA) SPECIFIC COVERAGE PROVISIONS:A.Breach Response indemnifies the Insured/Member for Breach Response Costs incurred by the Insured/Member because of an actual or reasonably suspected Data Breach or Security Breach that the Insured first discovers during the Policy Period. B.First Party Loss Business Interruption Loss indemnifies the Insured/Member for a Business Interruption Loss sustained as a result of a Security Breach or System Failure that the Insured first discovers during the Policy Period. Dependent Business Interruption Loss indemnifies the Insured/Member for a Dependent Business Interruption Loss sustained as a result of a Security Breach or a System Failure that the Insured first discover during the Policy Period. Cyber Extortion Loss indemnifies the Insured/Member for a Cyber Extortion Loss incurred as a result of an Extortion Threat first made against the Insured/Member during the Policy Period. Data Recovery Costs indemnifies the Insured/Member for Data Recovery Costs incurred as a direct result of a Security Breach or System Failure that the Insured first discovers during the Policy Period. C.Liability Data & Network Liability pays Damages and Claims Expenses, which the Insured is legally obligated to pay because of any Claim first made against any Insured during the Policy Period for a Data Breach, a Security Breach, the Insured’s failure to disclose a Data Breach or Security Breach, or failure of the Insured to comply with the part of a Privacy Policy that specifically is related to disclosure, access or procedures related to Personally Identifiable Information. Regulatory Defense & Penalties pays Penalties and Claims Expenses, which the Insured is legally obligated to pay because of a Regulatory Proceeding first made against any Insured during the Policy Period for a Data Breach or a Security Breach. Payment Card Liabilities & Costs indemnifies the Insured/Member for PCI Fines, Expenses and Costs which it is legally obligated to pay because of a Claim first made against any Insured during the Policy Period. Media Liability pays Damages and Claims Expenses, which the Insured is legally obligated to pay because of any Claim first made against any Insured during the Policy Period for electronic Media Liability. D. E. eCrime indemnifies the Insured/Member for any direct financial loss sustained resulting from: x Fraudulent Instruction x Funds Transfer Fraud x Telephone Fraud That the Insured first discovers during the Policy Period. Criminal Reward indemnifies the Insured/Member for Criminal Reward Funds. 2023-2024 Alliant Property Insurance Program (APIP) Cyber Liability Evidence Page 6 of 9 Special District Risk Management Authority (SDRMA) Coverage Endorsement(s) Reputational Loss indemnifies the Insured Organization for Reputation Loss that the Insured Organization sustains solely as a result of an Adverse Media Event that occurs during the Policy Period, concerning: a Data Breach, Security Breach, or Extortion Threat that the Insured first discovers during the Policy Period Computer Hardware Replacement Costs is part of the Extra Expense coverage. Extra Expense means reasonable and necessary expenses incurred by the Insured Organization during the Period of Restoration to minimize, reduce or avoid Income Loss, over and above those expenses the Insured Organization would have incurred had no Security Breach, System Failure, Dependent Security Breach or Dependent System Failure occurred; and includes reasonable and necessary expenses incurred by the Insured Organization to replace computers or any associated devices or equipment operated by, and either owned by or leased to, the Insured Organization that are unable to function as intended due to corruption or destruction of software or firmware directly resulting from a Security Breach Invoice Manipulation indemnifies the Insured Organization for Direct Net Loss resulting directly from the Insured Organization’s inability to collect Payment for any goods, products or services after such goods, products or services have been transferred to a third party, as a result of Invoice Manipulation that the Insured first discovers during the Policy Period. Invoice Manipulation means the release or distribution of any fraudulent invoice or fraudulent payment instruction to a third party as a direct result of a Security Breach or a Data Breach. Cryptojacking indemnifies the Insured Organization for any direct financial loss sustained resulting from Cryptojacking that the Insured first discovers during the Policy Period. Cryptojacking means the Unauthorized Access or Use of Computer Systems to mine for Digital Currency that directly results in additional costs incurred by the Insured Organization for electricity, natural gas, oil, or internet. 2023-2024 Alliant Property Insurance Program (APIP) Cyber Liability Evidence Page 7 of 9 Special District Risk Management Authority (SDRMA) EXCLUSIONS: (Including but not limited to) Coverage does not apply to any claim or loss from: x Bodily Injury or Property Damage x Trade Practices and Antitrust x Gathering or Distribution of Information x Prior Known Acts & Prior Noticed Claims x Racketeering, Benefit Plans, Employment Liability & Discrimination x Sale or Ownership of Securities & Violation of Securities Laws x Criminal, Intentional of Fraudulent Acts x Patent, Software Copyright, Misappropriation of Information x Governmental Actions x Other Insureds & Related Enterprises x Trading Losses, Loss of Money & Discounts x Media-Related Exposures –Contractual liability or obligation x Nuclear Incident x Radioactive Contamination x Sanctions Limitation x War and Cyber War x Asbestos, Pollution and Contamination x First Party Loss –with respects: 1. seizure, nationalization, confiscation, or destruction of property or data by order of any governmental or public authority; 2. costs or expenses incurred by the Insured to identify or remediate software program errors or vulnerabilities or update, replace, restore, assemble, reproduce, recollect or enhance data or Computer Systems to a level beyond that which existed prior to a Security Breach, System Failure, Dependent Security Breach, Dependent System Failure or Extortion Threat; 3. failure or malfunction of satellites or of power, utility, mechanical or telecommunications (including internet) infrastructure or services that are not under the Insured Organization’s direct operational control; or 4. fire, flood, earthquake, volcanic eruption, explosion, lightning, wind, hail, tidal wave, landslide, act of God or other physical event. 2023-2024 Alliant Property Insurance Program (APIP) Cyber Liability Evidence Page 8 of 9 Special District Risk Management Authority (SDRMA) NOTICE OF CLAIM:x IMMEDIATE NOTICE must be made to Beazley NY of all potential claims and circumstances (assistance, and cooperation clause applies) x Claim notification under this policy is to: Beazley Group Attn: TMB Claims Group 1270 Avenue of the Americas New York, NY 10020 bbr.claims@beazley.com NOTICE OF CANCELLATION: 10 days for non-payment of premium OTHER SERVICES Unlimited Access to Beazley Breach Solutions website BROKER: ALLIANT INSURANCE SERVICES, INC. License No. 0C36861 NOTES: •Coverage outlined in this Evidence is subject to the terms and conditions set forth in the policy •Please refer to Policy for specific terms, conditions and exclusions •Change in Total Insurable Values will result in adjustment in premium 22. POLLUTION PROGRAM Declarations – Pollution Liability Coverage 2023-2024 Pollution Liability Coverage Documents Pollution Liability Coverage: 1 of 3 Tel 800-537-7790 Special District Risk Management Authority Fax 916-231-4111 Rev. 07/25/2023 www.sdrma.org MEMBER COVERED:Costa Mesa Sanitary District 290 Paularino Avenue Costa Mesa, California 92626 Your District/Agency/City has elected to participate in the risk financing coverage programs described below as “THE PACKAGE PROGRAM” and in such other programs as are indicated herein. These DECLARATIONS together with the Memorandum of Coverage, the Public/Educational Entity Pollution Liability Insurance Policy attached as Exhibit G, the terms and conditions of the Sixth Amended and Restated Joint Powers Agreement and Bylaws, or successor documents thereto, constitute the entire agreement concerning risk-financing coverage between the Special District Risk Management Authority and your District/Agency/City. Please read the Sixth Amended and Restated Joint Powers Agreement and Bylaws of the Special District Risk Management Authority (hereinafter “SDRMA”), or successor documents thereto, together with the Memorandum of Coverages, hereinafter referred to as the “Memorandum” and the policy attached as Exhibit G to ascertain all of your District's/Agency's/City’s rights and obligations regarding its relationship with the Special District Risk Management Authority and the insurers issuing the policies as part of “THE PACKAGE PROGRAM.” COVERAGE PERIOD: July 1, 2023 at 12:01 a.m. to July 1, 2024 at 12:01 a.m. COVERAGE(S) LIMITS $ 1,000,000 Blanket Limit per Pollution Condition, during the coverage period, to which this insurance applies, subject to terms, conditions and exclusions as provided in the policy contained in Exhibit G, subject to both the per pool aggregate limit shown below and subject to the aggregate limit for all pollution conditions and the total policy aggregate limit. $ 25,000,000 Aggregate Limit for All “Pollution Conditions”, all pools in addition to SDRMA. $ 25,000,000 Total Policy Aggregate Limit, all pools in addition to SDRMA $ 2,000,000 Per Aggregate Limit for each SDRMA Member. $ 2,000,000 Per Aggregate limit for all SDRMA Members $ 2,000,000 Per Pollution Incident Declarations – Pollution Liability Coverage 2023-2024 Pollution Liability Coverage Documents Pollution Liability Coverage: 2 of 3 Tel 800-537-7790 Special District Risk Management Authority Fax 916-231-4111 Rev. 07/25/2023 www.sdrma.org The maximum limit of liability for all Damages shall not exceed the highest limit of any of the applicable limits. Upon satisfaction of any one of the applicable limits, no further coverage is afforded. Blanket Limit includes the following sub-limits: $ 100,000 Disinfection Event Expenses Per Pollution Incident $ 100,000 Disinfection Event Expenses Program Aggregate $ 250,000 Image Restoration Expenses Per Pollution Incident $ 250,000 Image Restoration Expenses Coverage Aggregate $ 2,000,000 Mold Matter Loss, Business Interruption and Extra Expense Program Aggregate $ 1,000,000 Mold Matter Restoration Costs Program Aggregate $ 1,000,000 Legionella Per SDRMA Member $ 2,000,000 Lead or Lead Containing Materials Program Aggregate $ 1,000,000 Sewer Backup or Overcharge Program Aggregate $ 250,000 Any Punitive, Exemplary and Multiplied Damages and Civil Fines, Penalties and Assessments Fines $ 2,000,000 Products Pollution and Exposure Liability Per Pollution Incident $ 5,000,000 Products Pollution and Exposure Liability Aggregate $ 1,000,000 Contractor’s Pollution Per Pollution Incident – Herbicide, Insecticide, Pesticide Applications Only $ 2,000,000 Contractor’s Pollution Program Aggregate – Herbicide, Insecticide, Pesticide Applications Only $ 2,000,000 Contractor’s Pollution Per Pollution Incident - All other Operations $ 5,000,000 Contractor’s Pollution Program Aggregate – All other Operations $ 5,000,000 Wildfire Program Aggregate Sublimit Note: the above sub-limits payable under this coverage do not increase and are not in addition to the applicable limit of liability. Declarations – Pollution Liability Coverage 2023-2024 Pollution Liability Coverage Documents Pollution Liability Coverage: 3 of 3 Tel 800-537-7790 Special District Risk Management Authority Fax 916-231-4111 Rev. 07/25/2023 www.sdrma.org SPECIFIC COVERAGE PROVISIONS EXCLUSIONS MEMBER DEDUCTIBLE SPECIFIC DEDUCTIBLE Please refer to the Specific Coverage Provisions under the attached Exhibit G for explanatory descriptions of specific coverages and claims. Please refer to the exclusions as per the terms of the attached Exhibit G. $ 250,000 Each Pollution Incident After July 1, 2021 (except where noted below) $ 500,000 Each Pollution Incident Prior to July 1, 2021 $ 250,000 Mold Matter (or $50,000 per room impacted, whichever is greater – a room is considered equal to 250 sq ft of floor space, education, healthcare and hospitality locations only) $ 500,000 Underground Storage Tanks (less than 25 years old) $ 1,000,000 Underground Storage Tanks (more than 25 years old) $ 250,000 Disinfection Event Expenses $ 250,000 Products Pollution and Exposure Liability $ 250,000 Covered Operations $ 500,000 Legionella $ 500,000 Sewer Backup or Overcharge deductible $ 250,000 Image Restoration Expenses $ 1,000,000 Wildfire Deductible Other Insurance The insurance afforded by this Policy shall apply as primary to any other valid, collectible insurance, with the exception of the following: policies specifically written to be in excess of this policy, the APIP Property policy, any standalone pollution policy, losses due to or associated with products pollution, any tank fund, or any loss arising in whole or in part to microbial matter or legionella pneumophila. NOTE 1: AS POLLUTION LIABILITY COVERAGE, ABOVE: POLLUTION LIABILITY COVERAGE is furnished solely by the insurance policy(ies) referred to herein. This information is provided as a general description only, and is not intended to supersede specific policy documents. In the event of a conflict in language, the policy(ies) will be the controlling document. 23. EXHIBIT G POLLUTION COVERAGE 2023-24 Property/Liability Coverage Documents T. 800-537-7790 Special District Risk Management Authority F. 916-231-4111 Rev. 08/01/2023 www.sdrma.org Pollution Liability Coverage Exhibit G Ironshore Specialty Insurance Company Policy No. ISPILLSCAZ0U003 2023-2024 Alliant Property Insurance Program (APIP) Pollution Liability Evidence Attachment Page 1 of 18 Special District Risk Management Authority (SDRMA) ALLIANT INSURANCE SERVICES, INC. ALLIANT PROPERTY INSURANCE PROGRAM (APIP) POLLUTION LIABILITY EVIDENCE ATTACHMENT TYPE OF INSURANCE: Insurance Reinsurance TYPE OF COVERAGE:Claims Made and Reported Pollution Liability PROGRAM:Alliant Property Insurance Program (APIP) NAMED INSURED:Any member(s), entity(ies), agency(ies), organization(s), enterprise(s), pool(s), Joint Powers Authority(ies) and/or individual(s) attached to each Declaration insured as per Named Insured Schedule on file with Insurer, listed below. POLICY PERIOD: July 1, 2023 to July 1, 2024 RETROACTIVE DATE:This coverage shall only apply if the Pollution Incident or Disinfection Event giving rise to the Claim, Loss, Business Interruption Expenses or Extra Expenses commenced, in its entirety, on or after July 1, 2011, or the date that the Insured first joined the Alliant Property Insurance Program (APIP) for environmental or pollution insurance coverage, whichever is later, except for the following coverages: x July 1, 2023 for Products Pollution and Exposure Liability; x July 1, 2023 for Contractor’s Pollution x July 1, 2023 for Mold Matter COMPANY:Ironshore Specialty Insurance Company A.M. BEST INSURANCE RATING: A, Excellent, Financial Size Category XV ($2 Billion or greater) Effective July 27, 2022 STANDARD & POORS RATING: A (Strong) as of May 2, 2017 ADMITTED STATUS:Non-Admitted in all states. COVERED PROPERTY:Per the following SOVs submitted and on file with carrier: 1. PEPIP DEC 1 –SOVs 2. PEPIP DEC 2 –SOVs 3. PEPIP DEC 3 –SOVs 4. PEPIP DEC 4 –SOVs 5. PEPIP DEC 5 –SOVs 6. PEPIP DEC 11 –SOVs 7. PEPIP DEC 12 –SOVs 8. PEPIP DEC 14 –SOVs 9. PEPIP DEC 19 –SOVs 10. PEPIP DEC 23 –SOVs 11. PEPIP DEC 24 –SOVs 12. PEPIP DEC 26 –SOVs 13. PEPIP DEC 27 –SOVs 14. PEPIP DEC 28 –SOVs 15. PEPIP DEC 29 –SOVs 16. PEPIP DEC 30 –SOVs 17. PEPIP DEC 32 –SOVs (Excludes SPIP, except as endorsed) 18. PEPIP DEC 33 –SOVs 19. PEPIP DEC 34 –SOVs 20. PEPIP DEC 35 –SOVs 21. PEPIP DEC 97 –SOVs –Excluding HARPP members Covered locations include any real property owned, leased, rented, operated or occupied by the Insured at policy inception. 2023-2024 Alliant Property Insurance Program (APIP) Pollution Liability Evidence Attachment Page 2 of 18 Special District Risk Management Authority (SDRMA) COVERAGES & LIMITS:$25,000,000 $ 2,000,000 $ 2,000,000 $ 2,000,000 Policy Program Aggregate (all insureds combined) Per Pollution Incident Per Named Insured Aggregate Per JPA/Pool Aggregate SUB-LIMITS:$ 100,000 $ 100,000 $ 250,000 $ 250,000 $ 2,000,000 $ 1,000,000 $ 1,000,000 $ 1,000,000 $ 2,000,000 $ 250,000 $ 2,000,000 $ 5,000,000 $ 1,000,000 $ 2,000,000 $ 2,000,000 $ 5,000,000 $ 5,000,000 Disinfection Event Expenses Per Pollution Incident* Disinfection Event Expenses Program Aggregate* Image Restoration Expenses Per Pollution Incident* Image Restoration Expenses Program Aggregate* Mold Matter Loss, Business Interruption and Extra Expense Program Aggregate* Mold Matter Restoration Costs Program Aggregate* Legionella Per Named Insured Aggregate* Sewer Backup and Overcharge Program Aggregate* Lead or Lead Containing Materials Program Aggregate* Any Punitive, Exemplary and Multiplied Damages and Civil Fines, Penalties and Assessments* Products Pollution and Exposure Liability Per Pollution Incident* Products Pollution and Exposure Liability Program Aggregate* Contractor’s Pollution Per Pollution Incident -Herbicide, Insecticide, Pesticide Applications Only* Contractor’s Pollution Program Aggregate -Herbicide, Insecticide, Pesticide Applications Only* Contractor’s Pollution Per Pollution Incident -All other Operations* Contractors Pollution Program Aggregate* - All other Operations* Wildfire Program Aggregate Sublimit* Note: the above sub-limits payable under this coverage do not increase and are not in addition to the applicable limit of liability. EXTENDED REPORTING PERIOD: Automatic Extended Reporting Period The Named Insured shall be entitled to an Automatic Extended Reporting Period for a period of ninety (90) days following the effective date of termination of this Policy for no additional premium. This automatic ERP does not apply if the insured has purchased other insurance to replace the insurance provided by this policy. SPECIFIC COVERAGE PROVISIONS: CLAIMS MADE AND REPORTED Coverage A –Third Party Claims for Bodily Injury, Property Damage or Remediation Expenses: Coverage for loss that the Insured becomes legally obligated to pay as a result of claims for Bodily Injury, Property Damage or Remediation Expenses directly resulting from a Pollution Incident, provided that the claim is first made against the Insured and reported to the Insurer, in writing, during the policy period. 2023-2024 Alliant Property Insurance Program (APIP) Pollution Liability Evidence Attachment Page 3 of 18 Special District Risk Management Authority (SDRMA) SPECIFIC COVERAGE PROVISIONS - CONTINUED: Coverage B –Onsite First Party Remediation Expenses: Coverage for Remediation Expenses incurred exclusively for remediation of pollutants that are on, at or under a covered location, provided that the pollution incident is first discovered by the Insured during the policy period, the Insured reports the pollution incident to the Insurer, in writing, during the policy period, and the pollution incident is promptly reported by the Insured to the appropriate governmental authority if and as required by environmental law. Coverage C –Emergency Response Expenses: To pay on behalf of the Insured, Emergency Response Expenses incurred by or on behalf of the Insured in response to an imminent and substantial threat to human health or the environment resulting from a Pollution Incident on, at,under or migrating from a Covered Property or arising from Transportation that commences, in its entirety, during the policy period. The Emergency Response Expenses must: (i) be incurred within seven (7) days of the commencement of such Pollution Incident; and (ii) be reported to the Insurer within fourteen (14) days of such commencement. For this Coverage to apply, the Pollution Incident giving rise to the Emergency Response Expenses must be unexpected and unintended from the standpoint of the Insured. Coverage for Transportation is included in Emergency Response Expenses above. Coverage D –Business Interruption: Coverage for the Insured’s Business Interruption Expenses and Extra Expenses during the Period of Interruption that directly result from a Pollution Incident on, at or under a Covered Property. This Coverage shall apply only if the Pollution Incident giving rise to the Business Interruption Expenses or Extra Expenses is first discovered by the Insured and reported to the Insurer, in writing, during the Policy Period, and such Pollution Incident results in Remediation Expenses covered under this Policy. Discovery of a Pollution Incident happens when a Responsible Insured first becomes aware of the Pollution Incident. Further, if the interruption results from a Pollution Incident and any other cause(s), the Company shall only pay that portion of Business Interruption Expenses and Extra Expenses solely attributable to the Pollution Incident. In the event of a Period of Interruption, it is a condition precedent to Coverage that the Named Insured notifies the Company of the interruption within thirty (30) days of its commencement and that the Named Insured resume normal operation of the business as soon as possible and use all reasonable efforts to mitigate any Business Interruption Expenses and Extra Expenses. Coverage E –Coverage for Disinfection Event Expenses To pay on behalf of the Insured, Disinfection Expenses that directly result from a Disinfection Event at a Covered Property, provided that the Disinfection Event commences, in its entirety, during the Policy Period; such Disinfection Expenses are incurred within thirty (30) days of the first discovery of such Disinfection Event by a Responsible Insured; and the Insured reports the Disinfection Event to the Insurer, in writing, during the Policy Period and within fourteen (14) days of a Responsible Insured’s first discovery of such Disinfection Event. Disinfection Expenses means reasonable fees and costs incurred by the Insured to retain third party qualified vendors to disinfect the actual presence of bacteria or virus at a Covered Property after a Disinfection Event. 2023-2024 Alliant Property Insurance Program (APIP) Pollution Liability Evidence Attachment Page 4 of 18 Special District Risk Management Authority (SDRMA) SPECIFIC COVERAGE PROVISIONS - CONTINUED: Coverage F –Coverage for Image Restoration Expenses To pay on behalf of the Insured, Image Restoration Expenses that directly result from an Image Restoration Event, provided that the Pollution Incident giving rise to the Image Restoration Event is on, at, under or migrating from a Covered Property or results from Transportation or Waste Disposal Activities; the Pollution Incident giving rise to the Image Restoration Expenses commenced, in its entirety, during the Policy Period; such Image Restoration Expenses are incurred by the Insured within fourteen (14) days of the first newspaper or magazine publication or television news broadcast associated with the Pollution Incident giving rise to the Image Restoration. Event; and the Pollution Incident giving rise to the Image Restoration Expenses is reported to the Company, in writing, during the Policy Period and within fourteen (14) days of a Responsible Insured’s first discovery of such Image Restoration Event. Image Restoration Expenses are defined as reasonable and necessary public relations expenses to restore public reputation and consumer confidence. Image Restoration Expenses shall include fees and expenses incurred by public relations or crisis management firms and reasonable and necessary printing, mailing of materials and travel by directors, officers, employees or agents of the Named Insured at the direction of such firms. Image Restoration Expenses shall not include the costs to purchase advertising on television, in newspapers or in any other media. Supplemental coverage for Contractors Pollution is included. This coverage covers third-party claims arising out of “your work”, provided the claim is first made and reported during the policy period. The Contractor’s Pollution must have commenced on or after 7/1/2023. Supplemental coverage for Products Pollution and Exposure Liability is included. This coverage covers third-party claims arising out of product pollution, provided the claim is first made and reported during the policy period. The Products Pollution must have commenced on or after 7/1/2023. Automatic Acquisition –Coverage for mid-term transactions for values that are less than $25,000,000 shall be added as a covered location, upon the closing date of such acquisition, or the effective date of such lease, management, rental or occupation right or obligation, respectively, for no additional premium. An application and notification of title or occupancy must be provided to Ironshore within 180 days. Property valued at more than $25,000,000 purchased, leased or otherwise acquired by the Insured needs to be reported to the Insurer within 180 days, along with a completed and signed Site Pollution Incident Legal Liability Select Application and shall be added as a covered location upon the closing date of such acquisition subject to an additional premium of $0.008596 per $1,000 of Total Insurable Values, pro- rated with a minimum premium of $450. There will be no additional premium for any Covered Property with Total Insurable Values which are less than $25,000,000. Illicit Abandonment is included in the definition of pollution condition. Other Insurance Condition Any Loss covered under any other valid and collectible insurance, whether primary, excess, contingent, self-insurance, deductible or any other basis, including but not limited to any stand-alone policies purchased by a Named Insured, this insurance shall apply in excess of. Mold matter and Legionella is included in the definition of Pollutant. Mold matter is defined as mold, mildew and fungi, whether or not such microbial matter is living. Legionella means legionella pnuemophila. Wildfire is defined as any hostile fire, wildland fire, forest fire, brush fire, vegetation fire, grass fire, peat fire, bushfire, hill hire, desert fire, veldfire, escaped prescribed fire or escaped wildland fire. 2023-2024 Alliant Property Insurance Program (APIP) Pollution Liability Evidence Attachment Page 5 of 18 Special District Risk Management Authority (SDRMA) SPECIFIC COVERAGE PROVISIONS - CONTINUED: Blanket Underground Storage Tank coverage included, with a deductible of $500,000 for storage tanks less than twenty-five years old, and a deductible of $1,000,000 for storage tanks older than twenty-five years. Note: Does not meet financial assurance requirements. Loss covered pursuant to any state storage tank fund, state administered insurance program or restoration funding for any underground storage tank(s) whose owners qualify for reimbursement, or any self-insurance fund established for the purpose of funding clean-up costs for pollution conditions from any underground storage tank(s), shall be considered primary insurance, to which the coverage afforded pursuant to this policy shall apply in excess. EXCLUSIONS (including but not limited to): Coverage does not apply to any claim or loss from: x Aircraft, Auto or Watercraft –does not apply to Transportation x Asbestos, PCBs and Lead – o Any asbestos, asbestos containing materials, lead, lead containing materials, including but not limited to leadbased paint, polychlorinated biphenyls (PCBs) or materials containing PCBs in, on, at, within or applied to any building, utility, structure or building material. This exclusion does not apply to Claims for Bodily Injury or Property Damage, or Remediation Expenses for the remediation of any soil, groundwater body, surface water body or sediment; or o Any asbestos, asbestos containing materials, lead or lead-containing materials, other metals, including but not limited to copper, or metal containing materials in, on or applied to any water supply or collection equipment, system or infrastructure, including but not limited to water service lines; this does not apply to third-party claims for bodily injury or property damage, or for remediation expenses of any groundwater body, surface water body or sediment; Further, this exclusion shall not apply to Remediation Expenses solely incurred for the remediation of asbestos, asbestos containing materials or lead-based paint which has been inadvertently displaced (not including any displacement associated with demolition, renovation or abatement) by an accident which occurs, in its entirety, during the Policy Period and is demonstrable by the Insured as commencing during the Policy Period, provided that such accident is reported to the Company within thirty (30) days of its commencement. However, there shall be no coverage for any costs incurred to: remove, abate, repair, dispose of or otherwise address any asbestos, asbestos containing materials or lead-based paint that has not been displaced by such accident, or to remove or dispose of any building, construction or demolition debris. Asbestos is fully excluded under Products Pollution and Exposure Liability coverage. 2023-2024 Alliant Property Insurance Program (APIP) Pollution Liability Evidence Attachment Page 6 of 18 Special District Risk Management Authority (SDRMA) EXCLUSIONS (including but not limited to): Coverage does not apply to any claim or loss from: x Contractual Liability –This exclusion does not apply to liability that the Insured would have had in the absence of the contract or agreement or to liability assumed in an Insured Contract. x Criminal Punishments x Divested Property –does not apply to any Covered Property owned by an Insured as of Policy Inception which is leased to a third party, even if the Insured has relinquished operation or management control of such Covered Property, provided that such covered property was disclosed to the Insurer. x Employer Liability –This exclusion applies whether the Insured may be liable as an employer or in any other capacity, and to any obligation to share damages with or repay someone else who must pay damages because of such Bodily Injury. x Insured’s Internal Expenses x Insured’s Non-Compliance x Insured vs. Insured x Insured’s Professional Services –any professional services performed or rendered on behalf of the Insured, including but not limited to, medical services, recommendations, opinions and strategies rendered for architectural, consulting and engineering work, such as drawings, designs, maps, reports, surveys, change orders, plan specifications, assessment work, remedy selections site maintenance and equipment selection, and supervisory, inspection or engineering service. x Material Change In Use –This exclusion shall not apply if the Insured submits prior written notice no less than thirty (30) days prior to such material change, and the Company approves such material change in an endorsement to this Policy issued within thirty (30) days of such notice. x Non-Disclosure x Prior Claims (prior to July 1, 2021) x Nuclear or Radiological Material x Property Damage to Conveyances x War x Workers Compensation, Unemployment, Social Security, Disability and Similar Laws x Waste Processing, Treatment or Disposal –does not apply to waste disposal activities at a non-owned disposal site. x Airports –defined as any airport where enplanement occurs and/o cargo is moved for a fee and storage, transportation and the dispensing of fuel and/or de- icing solution operations are conducted. This exclusion shall not apply to passenger airports with less than 2,500 passenger boardings per year. x Oil and/or Gas Producing and Refining Facilities x Firing Ranges x Activity Use Limitation 2023-2024 Alliant Property Insurance Program (APIP) Pollution Liability Evidence Attachment Page 7 of 18 Special District Risk Management Authority (SDRMA) EXCLUSIONS (including but not limited to, Cont.): x Landfill Closure, Post-Closure and Reclamation Costs x Combined Sewer Overflow –defined as any discharge of stormwater and / or wastewater into any body of water, including surface water or groundwater, arising from a sewer system (including but not limited to sewer lines, pipes, pumping stations, appurtenances and treatment plants) that handles both wastewater and stormwater due to the volume of stormwater and/or wastewater exceeding the capacity of such sewer system. x Commercial Ports –Any commercial port where ships load and unload cargo. x Landfill x Odor - Solely with respect to any Pollution Incident on, at, under or migrating from any location used (in whole or part) at any time (currently or historically) for the collection, treatment, recycling, management, incineration or disposal of waste materials, any Claim, in whole or part, due to or in any way associated with any odor; any Claim for Bodily Injury or Property Damage due to or associated with any gas or emissions that have migrated beyond the boundaries of a Covered Property; or any Claim for public or private nuisance due to or associated with any odor or any gas or emissions migration. x Impoundments x Engineering Controls / Operation and Maintenance (O&M) Costs x Groundwater and Surface Water Monitoring Costs x COVID-19 x Capital Improvement –Applies to all locations, also applies to removal, replacement, repair or upgrade of an underground storage tank. x Voluntary Site Investigation –Applies to all locations. x Waste Processing, Treatment or Disposal –does not apply to waste disposal activities at a Non-Owned Disposal Site. x Expected or Intended Injury or Damage (Product Pollution and Covered Operations only) x Known Injury or Damage (Product Pollution and Covered Operations only) x Product Disposal (Product Pollution Only) x Products as Waste (Product Pollution Only) x Transportation (Product Pollution only) x Damage to Your Product (Product Pollution Only) x Drinking Water Standards Exceedance (Product Pollution Only) x Material Change in Potable Water Supply Source (Product Pollution Only) x Conveyance (Covered Operations only) x Business Interruption (Covered Operations Only) x Damage to Property (Covered Operations Only) x Damage to Your Work (Covered Operations Only) x Waste Processing, Treatment or Disposal x Any perfluoroalkyl or polyfluoroalkyl substance (PFAS), including but not limited to perfluoroalkyl acids (PFAAs), perfluorooctanoic acid (PFOA), perfluorooctane sulfonate (PFOS), perfluoroheptanoic acid (PFHpA), perfluorononanoic acid (PFNA), perfluorohexanesulfonic acid (PFHxS), GenX, “C8”, “ADONA,” perfluoroalkane sulfonyl fluoride (PASF), perfluorobutanesulfonic acid (PFBS), polytetrafluoroethylene (PTFE), perfluoropolyethers (PFPEs), fluoropolymers, perfluorononanoic acid or ammonium perfluorooctanoate , or any associated salts, acids, alcohols, precursor chemicals or related higher homologue chemicals. Further, Pollutants shall not include aqueous film forming foam (AFFF) containing PFAS (at any concentration) or any additives or component materials contained therein or degradation by-products thereof. 2023-2024 Alliant Property Insurance Program (APIP) Pollution Liability Evidence Attachment Page 8 of 18 Special District Risk Management Authority (SDRMA) DEDUCTIBLE:$ 250,000 $ 500,000 Each Pollution Incident After July 1, 2021 Each Pollution Incident Prior to July 1, 2021 Any payments for covered loss paid by other insurance shall also be applied against the deductible amount. SPECIFIC DEDUCTIBLES: $ 250,000 $ 250,000 $ 250,000 $ 250,000 $ 250,000 $ 500,000 $ 500,000 Disinfection Event Expenses Image Restoration Expenses Products Pollution and Exposure Liability Covered Operations Mold Matter (*or $50,000 per room impacted, whichever is greater –a room is considered equal to 250 sq ft of floor space, education, healthcare and hospitality locations only) Legionella Sewer Backup and Overcharge deductible $ 500,000 $ 1,000,000 $ 1,000,000 Underground Storage Tanks (less than 25 years old) Underground Storage Tanks (more than 25 years old) Wildfire Deductible CLAIMS REPORTING NOTICE PLEASE NOTE THAT POLLUTION LIABILITY POLICIES CONTAIN EXTREMELY STRICT CLAIM REPORTING PROCEDURES. Below please find your policy specific claim reporting requirements - Please make sure you understand these obligations. Contact your Alliant Service Team with any questions. THIS IS A CLAIMS MADE POLICY This claims-made policy contains a requirement stating that this policy applies only to any claim first made against the Insured and reported to the insurer during the policy period or applicable extended reporting period. Claims must be submitted to the insurer during the policy period, or applicable extended reporting period, as required pursuant to the Claims/Loss Notification Clause within the policy in order for coverage to apply. Late reporting or failure to report pursuant to the policy’s requirements could result in a disclaimer of coverage by the insurer. 2023-2024 Alliant Property Insurance Program (APIP) Pollution Liability Evidence Attachment Page 9 of 18 Special District Risk Management Authority (SDRMA) LOSS REPORTING REQUIREMENTS: Written notice of any claim or pollution condition, within seven (7) days of discovery for pollution conditions requiring immediate emergency response. Concurrently, please send to: 1) Ironshore Environmental Claims CSO 28 Liberty Street, 5th Floor New York, NY 10005 Office By phone via: 24 Hour Claims Phone Number (888) 292-0249 FAX to: 646-826-6601 Email: USClaims@ironshore.com 2) Akbar Sharif Alliant Insurance Services, Inc. 1301 Dove Street, Suite 200 Newport Beach, CA 92660 949 260-5088 949 756-2713 –fax Akbar.Sharif@alliant.com NOTICE OF CANCELLATION:90 days except 10 days for non-payment of premium REINSTATEMENT PROVISIONS: Not Provided POLLUTION LIABILITY COST: Cost is included in Total Property Premium 100% Earned Premium at Inception QUOTE VALID UNTIL:July 1, 2023 BROKER:ALLIANT INSURANCE SERVICES, INC. License No. 0C36861 NOTES: Coverage outlined in this Coverage Summary is subject to the terms and conditions set forth in the policy. Please refer to policy for specific terms, conditions, and exclusions. 24. WORKERS' COMPENSATION PROGRAM Declarations – Workers’ Compensation Coverage 2023-24 Workers’ Compensation Coverage Documents Page:1 of 2 Tel 800-537-7790 Special District Risk Management Authority Fax 916-231-4111 Rev. 08/01/2023 www.sdrma.org MEMBER COVERED:Costa Mesa Sanitary District 290 Paularino Avenue Costa Mesa, California 92626 Your District/Agency/City has elected to participate in the workers' compensation coverage and employer liability coverage program described below as “THE PACKAGE PROGRAM” and in such other programs as are indicated herein. These DECLARATIONS together with (1) the Workers’ Compensation and Employers Liability Coverage Agreement attached as Exhibit I, (2) the terms and conditions of the Public Risk Innovation, Solutions, and Management (“PRISM”) Excess Workers’ Compensation Program Core Tower Memorandum of Coverage Declarations, Excess Workers Compensation Program Memorandum of Coverage and endorsements attached thereto are attached as Exhibit J, and (3) the terms and conditions of the Sixth Amended and Restated Joint Powers Agreement and Bylaws, or successor documents thereto, constitute the entire agreement concerning risk-financing coverage between the Special District Risk Management Authority and your District/Agency/City. Please read the Sixth Amended and Restated Joint Powers Agreement and Bylaws of the Special District Risk Management Authority (hereinafter “SDRMA”), or successor documents thereto, together with the Workers’ Compensation and Employers Liability Coverage Agreement and the PRISM Memorandum of Coverage attached as Exhibits I and J to ascertain all of your District's/Agency's/City’s rights and obligations regarding its relationship with the Special District Risk Management Authority. COVERAGE PERIOD: Jul 01, 2024 at 12:01 a.m. to Jul 01, 2025 at 12:01 a.m. STATE California COVERAGE(S)SDRMA will pay those sums sustained by the “Covered Party” because of liability imposed upon the “Covered Party” by: A.The “Workers’ Compensation Act” of California or the Workers’ Compensation Act of any state other than California, provided that California is the injured employee’s normal state of employment or residence; or B.“Employers’ Liability”; on account of “Bodily Injury” or “Occupational Disease” sustained by an “Employee” of the “Covered Party”, while engaged in operations of the “Covered Party”, as a result of an “Occurrence”, taking place Declarations – Workers’ Compensation Coverage 2023-24 Workers’ Compensation Coverage Documents Page:2 of 2 Tel 800-537-7790 Special District Risk Management Authority Fax 916-231-4111 Rev. 08/01/2023 www.sdrma.org during the “Coverage Period” and while the Workers’ Compensation and Employers Liability Coverage Agreement is in force. The “Loss” will be paid, subject to the terms, conditions, deductibles and exclusions as provided in the Workers’ Compensation and Employers Liability Coverage Agreement attached as Exhibit I, and subject further to the terms, conditions and exclusions of the PRISM Memorandum of Coverage attached as Exhibit J. The indemnity afforded by the Workers’ Compensation and Employers Liability Coverage Agreement Coverage B “Employers Liability” and the PRISM agreement providing coverage under Coverage Agreement I.B. for “Loss” because of liability imposed for “Employers’ Liability” apply only as a result of Occurrences taking place during the coverage period on account of “Bodily Injury” or “Occupational Disease” sustained by “Employees” of the “Covered Party” who are regularly engaged in such operations in California but who may be temporarily outside of California in connection with such operations. As respects liability imposed by “Employers Liability”, SDRMA shall have no obligation to indemnify the “Covered Party” for damages imposed in any lawsuit brought in, or any judgment rendered by, any court outside of the United States of America, its territories or possessions, or Canada, or to any action on such judgment wherever brought. EXCLUSIONS Please refer to the exclusions as per the terms of the attached Exhibits I and J. RETENTION AND INDEMNITY “Employers Liability”$5,000,000 Annual Aggregate shared by all SDRMA Covered Parties combined due to an “Occurrence”, as a result of “Employers Liability”, subject to a deductible of $0. Workers’ Compensation An “Occurrence” arising out of Workers’ Compensation, is subject to statutory limits, and subject to a deductible of $0. This information is provided as a general description only and is not intended to supersede specific policy documents. In the event of a conflict in language, the policy(ies) will be the controlling document. 25. EXHIBIT I WC LIABILITY COV. AGREEMENT 2023-24 Workers’ Compensation Coverage Documents T. 800-537-7790 Special District Risk Management Authority F. 916-231-4111 Rev. 08/1/2023 www.sdrma.org Workers’ Compensation and Employers Liability Coverage Agreement Exhibit I Special District Risk Management Authority Policy No. WCEL-LCA-SDRMA-2023-24 \ Workers’ Compensation and Employers Liability Coverage Agreement 2023-24 Workers’ Compensation and Employers Liability Coverage Agreement Page 1 of 14 Tel 800-537-7790 Special District Risk Management Authority Fax 916-231-4111 Rev. 8/1/2023 www.sdrma.org Workers’ Compensation and Employers Liability Coverage Agreement No. WCEL-LCA-SDRMA-2023-24 Certain words appear in bold face type. These are defined in the “Definitions” section of this Workers’ Compensation and Employers Liability Coverage Agreement. COVERAGE AGREEMENT We, the Special District Risk Management Authority (hereinafter “SDRMA”), in return for the payment of the contributions as they become due, agree to provide workers' compensation coverage and employer liability coverage for the period indicated in the DECLARATIONS attached hereto, subject to all of the terms and conditions of this Agreement and the Sixth Amended Joint Powers Agreement executed by us and the Agency (and amendments thereto or amended versions thereof), from the date of this Agreement until such coverage’s are terminated as provided in said documents. I. APPLICATION OF AGREEMENT This Agreement applies to “Loss” sustained by the “Covered Party” because of liability imposed upon the “Covered Party” by: A. The “Workers’ Compensation Act” or the Workers’ Compensation Act of any state other than California, provided that California is the injured employee’s normal state of employment or residence; or B. “Employers’ Liability”; on account of “Bodily Injury” or “Occupational Disease” sustained by an “Employee” of the “Covered Party”, while engaged in operations of the “Covered Party”, as a result of an “Occurrence”, taking place during the “Coverage Period” and while this Agreement is in force. The indemnity afforded by this Agreement under Coverage Agreement I. B. for “Loss” because of liability imposed for “Employers’ Liability” applies only as respects such operations in the states named in the Declarations page, including “Employees” who are employed and regularly engaged in such operations in the named states but who may be temporarily outside the named state(s) in connection with such operations within the named state. As respects liability imposed by “Employers Liability”, SDRMA shall have no obligation to indemnify the “Covered Party” for damages imposed in any lawsuit brought in, or any judgment rendered by, any court outside of the United States of America, its territories or possessions, or Canada, or to any action on such judgment wherever brought. II. RETENTION AND INDEMNITY The maximum limits of liability for all SDRMA Covered Parties due to an “Occurrence”, as a result of Employers Liability shall not exceed Workers’ Compensation and Employers Liability Coverage Agreement 2023-24 Workers’ Compensation and Employers Liability Coverage Agreement Page 2 of 14 Tel 800-537-7790 Special District Risk Management Authority Fax 916-231-4111 Rev. 8/1/2023 www.sdrma.org $5,000,000, subject to a member deductible. An “Occurrence” arising out of Workers’ Compensation, which is subject to statutory limits, is also subject to a member deductible. A. Workers’ Compensation As respects “Loss” which the “Covered Party” sustains as a result of each “Occurrence”, SDRMA shall retain “Loss” in the amount of the program retention, as specified in the Coverage Limits identified in the Declarations page issued by SDRMA, if any. Notwithstanding the application of this Agreement to “Loss” sustained by the “Covered Party” under Subsections A, B and C of this Coverage Agreement I, the maximum amount of the “Covered Party’s” Retention, if any, and the maximum limit of SDRMA’s liability hereunder, shall not exceed the amounts specified in COVERAGE LIMITS of the Declarations page issued by SDRMA. 1. How This Coverage Applies: This workers’ compensation coverage applies to “Bodily Injury” by accident or “Occupational Disease.” “Bodily Injury” by accident or “Occupational Disease” includes resulting death. a. The “Bodily Injury” or “Occupational Disease” must arise out of an occurrence in the course of the injured “Employee’s” employment by the “Covered Party.” b. The employment must be necessary or incidental to the “Covered Party’s” work in California. c. “Bodily Injury” by accident or “Occupational Disease” must occur during the “Coverage Period”. d. “Occupational Disease” must be caused or aggravated by the conditions of the employment. The employee’s last day of last exposure to the conditions causing or aggravating such “Occupational Disease” must occur during the “Coverage Period”. e. This Agreement shall apply to loss on account of “Bodily Injury” by accident or “Occupational Disease” sustained by volunteer workers while acting within the scope of their duties for or on behalf of the “Covered Party,” provided that prior to the “Occurrence,” the Governing Board of the “Covered Party” has adopted a resolution as provided in Division 4, Part 1, Chapter 2, Article 2, of the California Labor Code, declaring such volunteer workers to be employees of the “Covered Party” for purposes of “Workers’ Compensation Act.”; or provided that such volunteer workers are statutorily deemed by the “Workers’ Compensation Act” to be “Employees” for purposes of workers’ compensation. 2. SDRMA Will Pay: SDRMA will pay promptly when due the benefits required of the “Covered Party” by the “Workers' Compensation Act” of the State of California or of another state not named in the Declarations page issued by SDRMA provided that California is the state of the injured “Employee’s” normal employment or residence. Workers’ Compensation and Employers Liability Coverage Agreement 2023-24 Workers’ Compensation and Employers Liability Coverage Agreement Page 3 of 14 Tel 800-537-7790 Special District Risk Management Authority Fax 916-231-4111 Rev. 8/1/2023 www.sdrma.org A. Workers’ Compensation, continued 3. SDRMA Will Defend: SDRMA has the right and duty to defend at its expense any claim, proceeding or suit against the “Covered Party” for benefits payable under this coverage. SDRMA has the right to investigate and settle these claims, proceedings or suits. SDRMA has no duty to defend a claim, proceeding or suit that is not covered under this coverage. 4. SDRMA Will Also Pay: SDRMA will also pay these costs, in addition to other amounts payable under this coverage, as part of any claim, proceeding or suit SDRMA defends: a. Reasonable expenses incurred at our request, but not for loss of earnings; b. Premiums for bonds to release attachments and for appeal bonds in bond amounts up to the amount payable under this coverage; c. Litigation costs taxed against the “Covered Party”; d. Interest on a judgment as required by law until SDRMA offers the amount due under this coverage; and e. Expenses SDRMA incurs, including defense costs. 5. Other Insurance: SDRMA will not pay more than its share of benefits and costs covered by both this coverage and other insurance or self-insurance. Subject to any limits of liability that may apply, all shares will be equal until the loss is paid. If any insurance or self- insurance is exhausted, the shares of all remaining insurance will be equal until the loss is paid. 6. Payments The “Covered Party” Must Make: The “Covered Party” is responsible for any payments in excess of the benefits regularly provided by the “Workers' Compensation Act,” including those required because of: a. The “Covered Party’s” serious and willful misconduct; b. The “Covered Party’s” knowingly employing an “Employee” in violation of law; c. The “Covered Party’s” failure to comply with a health or safety law or regulation; d. The “Covered Party’s” discharge, coercion, or other discrimination against any Employee in violation of the “Workers' Compensation Act” or any other law. e. Of claims relating to or in any way arising out of California Labor Code Section 132(a); f. The “Covered Party’s” liability under Section 4557 of Division IV of Labor Code of the State of California, by reason of injury to an employee less than sixteen years of age and illegally employed at the time of injury. If SDRMA makes any payments other than or in excess of the benefits regularly provided by the “Workers’ Compensation Act” on the Workers’ Compensation and Employers Liability Coverage Agreement 2023-24 Workers’ Compensation and Employers Liability Coverage Agreement Page 4 of 14 Tel 800-537-7790 Special District Risk Management Authority Fax 916-231-4111 Rev. 8/1/2023 www.sdrma.org A. Workers’ Compensation, continued “Covered Party’s” behalf, the “Covered Party” will promptly reimburse SDRMA. 7. Recovery From Others: SDRMA has the right on behalf of the Covered Party, and the rights of persons entitled to the benefits of this coverage, to recover SDRMA’s payment from anyone liable for an injury covered by this coverage. In seeking such recovery, SDRMA shall be acting as the designated representative of that Covered Party. All rights of recovery shall remain with the Covered Party such that there is no automatic assignment or transfer of the original claim. At SDRMA’s request, the Covered Party shall assign its rights of recovery to SDRMA. All sums recovered under this provision, whether the Covered Party has assigned its rights to SDRMA or not, shall be applied to reimburse SDRMA for payments made pursuant to this agreement. The Covered Party will do everything necessary to protect those rights for SDRMA and will help SDRMA enforce them. 8. Statutory Provisions: These statements apply where they are required by law: a. As between SDRMA and an injured worker, SDRMA has notice of the injury when the “Covered Party” has notice. b. The “Covered Party’s” default or the “Covered Party’s” bankruptcy or insolvency after an injury occurs will not relieve SDRMA of SDRMA’s duties under this coverage. c. SDRMA is directly and primarily liable to any person entitled to the benefits payable by this coverage. These persons may enforce SDRMA’s duties; so may an agency authorized by law. Enforcement may be against SDRMA or against the “Covered Party” and SDRMA. d. Jurisdiction over the “Covered Party” is jurisdiction over SDRMA for purposes of the “Workers' Compensation Act.” SDRMA is bound by decisions against the “Covered Party” under that law subject to the provisions of this Agreement that are not in conflict with that law. Nothing in these paragraphs relieves the “Covered Party” of the “Covered Party’s” duties under this Agreement. 9. Exclusions: This Coverage shall not apply to: a. The “Covered Party’s” obligation to pay salary in lieu of temporary disability benefits as required by Labor Code Section 4850 or the “Covered Party’s” obligation to pay wages or salary as required by Education Code Sections 44984 and 45192, except to the extent that the “Covered Party” would be obligated to pay temporary disability benefits if Labor Code Section 4850 or Education Code Sections 44984 and 45192 did not apply; Workers’ Compensation and Employers Liability Coverage Agreement 2023-24 Workers’ Compensation and Employers Liability Coverage Agreement Page 5 of 14 Tel 800-537-7790 Special District Risk Management Authority Fax 916-231-4111 Rev. 8/1/2023 www.sdrma.org A. Workers’ Compensation, continued b. The “Covered Party’s” obligations pursuant to Labor Code Section 4856; c. Punitive or Exemplary Damages, fines, penalties assessed against or imposed upon “Covered Party”: 1. On account of “Bodily injury” or “Occupational Disease” sustained by any “Employee”; or 2. On account of the conduct of the “Covered Party” or any of its agents (i) in the investigation, trial or settlement of any claim for benefits under the applicable “Workers’ Compensation Act” or for damages at law, or (ii) in failing to pay or delaying the payment of any such benefits or damages; or 3. On account of violation of any statute or regulation; or 4. On account of “Bodily Injury” or “Occupational Disease” intentionally caused or aggravated by the “Covered Party”; or 5. On account of “Bodily Injury” arising out of termination of employment; or 6. On account of “Bodily Injury” arising out of the coercion, demotion, reassignment, discipline, defamation, harassment or humiliation of, or discrimination against any “Employee”. B. Employers Liability 1. How This Coverage Applies: This employers liability insurance applies to “Bodily Injury” by accident or “Bodily Injury” by “Occupational Disease.” a. The “Bodily Injury” and/or “Occupational Disease” must arise out of and occur in the course of the injured employee’s employment by the “Covered Party.” b. The employment must be necessary or incidental to the “Covered Party’s” work in the State of California or in work by the employee who is regularly engaged in such operations in California but who may be temporarily outside of California in connection with such operations. c. “Bodily Injury” by accident or “Occupational Disease” must occur during the coverage period. d. “Bodily Injury” by “Occupational Disease” must be caused or aggravated by the conditions of the “Employees” employment with the “Covered Party.” The employee’s last day of last exposure to the conditions causing or aggravating such “Bodily Injury” by “Occupational Disease” must occur during the policy period. e. If the “Covered Party” is sued, the original suit and any related legal actions for damages for “Bodily Injury” by accident or by “Occupational Disease” must be brought in the United States of America, its territories or possessions, or Canada. 2. SDRMA Will Pay: SDRMA will pay all sums the “Covered Party” legally must pay as damages because of “Bodily Injury” by accident or Workers’ Compensation and Employers Liability Coverage Agreement 2023-24 Workers’ Compensation and Employers Liability Coverage Agreement Page 6 of 14 Tel 800-537-7790 Special District Risk Management Authority Fax 916-231-4111 Rev. 8/1/2023 www.sdrma.org B. Employers Liability, continued “Occupational Disease” to the “Covered Party’s” “Employees,” provided that the “Bodily Injury” by accident or “Occupational Disease” is covered by this employers liability coverage. The damages SDRMA will pay, where recovery is permitted by law, include damages: a. For which the “Covered Party” is liable to a third party by reason of a claim or suit against the “Covered Party” by that third party to recover the damages claimed against such third party as a result of injury to the “Covered Party’s” “Employee”; and b. For care and loss of services; and c. For consequential “Bodily Injury” or “Occupational Disease” to a spouse, child, parent, brother, or sister of the injured “Employee,” provided that these damages are the direct consequence of “Bodily Injury” or “Occupational Disease” that arises out of and in the course of the injured “Employee's” employment by the “Covered Party”; and d. Because of “Bodily Injury” or “Occupational Disease” to the “Covered Party’s” “Employee” that arises out of and occurs in the course of employment claimed against the “Covered Party” in a capacity other than as employer. 3. Exclusions: This Coverage shall not apply to: a. Liability assumed under a contract; b. “Bodily Injury” or “Occupational Disease” to an “Employee” while employed in violation of law with the “Covered party’s” actual knowledge or the actual knowledge of any of the “Covered Party’s” executive officers; c. Any obligation imposed by a workers' compensation, occupational disease, unemployment compensation, or disability benefits law, or any similar law; d. “Bodily Injury” or “Occupational Disease” intentionally caused or aggravated by the “Covered Party”; e. “Bodily injury” or “Occupational Disease” occurring outside the United States of America, and or its territories or possessions, and Canada. This exclusion does not apply to “Bodily Injury” or “Occupational Disease” to a citizen or resident of the United States of America or Canada who is temporarily outside these countries; f. “Bodily Injury” or “Occupational Disease” arising out of the coercion, criticism, demotion, evaluation, reassignment, discipline, defamation, harassment, humiliation, discrimination against or termination of any “Employee,” or arising out of any personnel practices, policies, acts or omissions. Workers’ Compensation and Employers Liability Coverage Agreement 2023-24 Workers’ Compensation and Employers Liability Coverage Agreement Page 7 of 14 Tel 800-537-7790 Special District Risk Management Authority Fax 916-231-4111 Rev. 8/1/2023 www.sdrma.org B. Employers Liability, continued g. Punitive or Exemplary Damages, fines or penalties imposed upon the “Covered Party”; h. Liability of the “Covered Party” on account of the discharge, coercion or other discrimination against any “Employee” in violation of the “Workers’ Compensation Law”, including but not limited to claims relating to or in any way arising out of Labor Code Section 132a. i. Liability arising out of operations for which the Covered Party has violated or failed to comply with any Workers’ Compensation Law; j. Liability arising out of operations for which the Covered Party has rejected any Workers’ Compensation Law. 4. SDRMA Will Defend: SDRMA has the right and duty to defend at its expense any claim, proceeding or suit against the “Covered Party” for damages payable by this coverage. SDRMA has the right to investigate and settle these claims, proceedings, and suits. SDRMA has no duty to defend or continue defending after SDRMA has paid its applicable limit of liability under this coverage. 5. SDRMA Will Also Pay: SDRMA will also pay these costs in addition to other amounts payable under this coverage as part of any claim or suit SDRMA defends: a. Reasonable expenses incurred at SDRMA’s request, but not loss of earnings; b. Premiums for bonds to release attachments and for appeal bonds in bond amounts up to the limit of our liability under this coverage; c. Litigation costs taxed against the “Covered Party”; d. Interest on a judgment as required by law until SDRMA offers the amount due under this coverage; and e. Expenses SDRMA incurs, including defense costs. 6. Other Insurance: This coverage is excess over any insurance, self- insurance or other self-insurance pool. 7. Limits of Liability: SDRMA’s liability to pay for damages is limited. SDRMA’s limits of liability are shown in the Declarations page. They apply as explained below. a. The limit shown for “Employers Liability Coverage” is the most SDRMA will pay for all damages covered by this insurance because of “Bodily Injury” by accident to any one or more employees due to any one accident. Workers’ Compensation and Employers Liability Coverage Agreement 2023-24 Workers’ Compensation and Employers Liability Coverage Agreement Page 8 of 14 Tel 800-537-7790 Special District Risk Management Authority Fax 916-231-4111 Rev. 8/1/2023 www.sdrma.org b. The limit shown for “Employers Liability Coverage” is the most SDRMA will pay for all damages covered by this insurance and arising out of “Bodily Injury” by “Occupational Disease,” regardless of number of “Employees” who sustain “Bodily Injury” by “Occupational Disease.” c. SDRMA will not pay any claims for damages after SDRMA has paid the applicable limit of SDRMA’s liability under this insurance. 8. Recovery from Others: SDRMA has the right on behalf of the Covered Party to recover SDRMA’s payment from anyone liable for an injury covered by this coverage. In seeking such recovery, SDRMA shall be acting as the designated representative of that Covered Party. All rights of recovery shall remain with the Covered Party such that there is no automatic assignment or transfer of the original claim. At SDRMA’s request, the Covered Party shall assign its rights of recovery to SDRMA. All sums recovered under this provision, whether the Covered Party has assigned its rights to SDRMA or not, shall be applied to reimburse SDRMA for payments made pursuant to this agreement. The Covered Party will do everything necessary to protect those rights for SDRMA and will help SDRMA enforce them. 9. Action Against SDRMA: There will be no right of action against SDRMA under this coverage unless: a. The “Covered Party” has complied with all the terms of this Agreement, and b. The amount the “Covered Party” owes has been determined with SDRMA’s consent or by actual trial and final judgment. This coverage does not give anyone the right to add SDRMA as a defendant in an action against the “Covered Party” to determine the “Covered Party’s” liability. Notwithstanding any other provision of law, any action against SDRMA for recovery of any sums claimed to be due under this Coverage Agreement shall be filed within one year of the receipt of the written denial of the claim by SDRMA. If the written denial of the claim is appealed pursuant to the terms of this Coverage Agreement, any action against SDRMA for recovery of any sums claimed to be due under this Coverage Agreement shall be filed within one year of the receipt by the Member or Covered Party of the written denial following the appeal. Any such action shall be venued in the Superior Court of California, County of Sacramento. Any suit or action of any kind relating to this Coverage Agreement brought by SDRMA against any Covered Party, shall be venued in the Superior Court for Sacramento, California (and in no other), and the Covered Party hereby consents to the jurisdiction of said court. Workers’ Compensation and Employers Liability Coverage Agreement 2023-24 Workers’ Compensation and Employers Liability Coverage Agreement Page 9 of 14 Tel 800-537-7790 Special District Risk Management Authority Fax 916-231-4111 Rev. 8/1/2023 www.sdrma.org 10. Arbitration: Subject to the provisions of the Government Claims Act, California Government Code § 900 et seq., as a condition precedent to any right of action against SDRMA, any dispute between the Covered Party and SDRMA regarding or arising out of the risk financing afforded under the terms of this Coverage Agreement or the coverage’s provided pursuant thereto, including its formation or validity, or any transaction under the Coverage Agreements issued to the Covered Party by SDRMA, or any dispute or claim of any nature arising from or related in any way to the relationships governed by the Coverage Agreements issued to the Covered Party by SDRMA, whether arising before or after termination, shall be resolved by final and binding arbitration before a certified Arbitrator (affiliated with J.A.M.S., Two Embarcadero Center, Suite 1100, San Francisco, CA 94111), in accordance with its then existing applicable rules of practice and procedure and in accordance with the provisions of the California Code of Civil Procedure, Sections 1280, et seq. The arbitration shall be before a single neutral arbitrator selected jointly by SDRMA and the Covered Party. If SDRMA and the Covered Party do not agree on the identity of the Arbitrator, the Arbitrator will be appointed by J.A.M.S. Said arbitration shall take place in Sacramento, California unless the Covered Party and SDRMA jointly agree in writing to a different location. The Arbitrator shall have the power to determine all procedural rules for the holding of the Arbitration including but not limited to determining the arbitrability of claims, prehearing discovery, inspection of documents, examination of witnesses, etc. Both SDRMA and the Covered Party shall share equally in the cost of the Arbitration and shall otherwise bear their own costs and attorneys’ fees in connection with such Arbitration. Judgment upon any arbitration award may be entered in any court having jurisdiction thereof. 11. Appeal: If your claim is denied, you have the right to file a written appeal within 60 days of the date of the written denial. Your appeal must be submitted in writing and should include the reason(s) why you disagree with the denial, along with documentation supporting your appeal. III. DEFINITIONS 1. “Bodily Injury”: The term “Bodily Injury” shall include death resulting therefrom, but shall not include “Occupational Disease”. 2. “Communicable Disease”: Shall mean a disease caused by an infectious organism, which is transmissible from one source to another, directly or indirectly. 3. “Coverage Period”: Shall be the period referred to in the Declarations page. 4. “Covered Party”: Shall mean the Member(s) identified as the “Covered Party” on the Declarations page issued by SDRMA. Workers’ Compensation and Employers Liability Coverage Agreement 2023-24 Workers’ Compensation and Employers Liability Coverage Agreement Page 10 of 14 Tel 800-537-7790 Special District Risk Management Authority Fax 916-231-4111 Rev. 8/1/2023 www.sdrma.org III. DEFINITIONS, continued 5. “Employee”: The word “Employee” shall mean, as respects liability imposed upon the “Covered Party” by the “Workers’ Compensation Act” of any state, any person performing work which renders the “Covered Party” liable under any “Workers’ Compensation Act”, provided such person’s normal employment or residence is located in a state named in the Declarations page issued by SDRMA. 6. “Employers Liability”: The phrase “Employers Liability” shall mean the liability of a “Covered Party” as specified in Section “B. Employers Liability” of Section II. 7. “Loss”: The word “Loss” shall mean only such amounts as are actually paid or payable by SDRMA on behalf of the “Covered Party” in payment of benefits under the applicable “Workers’ Compensation Act”, or in payment of amounts imposed upon the “Covered Party” by “Employers Liability”, in settlement of claims for such benefits or damage, or satisfaction of awards or judgments for such benefits or damages, including court costs, interest upon awards or judgments and allocated investigation, adjustment and defense costs, but the term “Loss”, shall not include as expenses, salaries paid to an “Employee” of the “Covered Party”, nor fees and retainers paid to any service organization. 8. “Occupational Disease”: The phrase “Occupational Disease” means a disease or infection which is due to causes and conditions which are characteristic of and peculiar to a particular trade, occupation, process or employment and shall include cumulative injuries and/or death resulting therefrom. “Bodily Injury” by “Occupational Disease” does not include “Occupational Disease” that results directly from a “Bodily Injury” by accident. 9. “Occurrence”: the term “Occurrence” shall mean an accident resulting in “Bodily Injury” or “Occupational Disease” to an “Employee.” a. All bodily injury sustained by one or more employees involving one or more Covered Parties, from any one disaster, accident or event, or any series of disasters, accidents, or events, and is traceable to the same single disaster, accident or event, or series of disasters accidents or events, shall be deemed to arise from a single occurrence; however, any one occurrence shall be limited to no more than seven calendar days such that each individual employee claimant's date of injury must fall within the seven calendar day period. PRISM may choose the date when any such seven calendar day period begins, provided that it is not earlier than the date and time of the first recorded employee claimant's date of injury, and provided that no two periods overlap. Should this Memorandum expire or terminate while an occurrence Workers’ Compensation and Employers Liability Coverage Agreement 2023-24 Workers’ Compensation and Employers Liability Coverage Agreement Page 11 of 14 Tel 800-537-7790 Special District Risk Management Authority Fax 916-231-4111 Rev. 8/1/2023 www.sdrma.org covered hereunder is in progress, PRISM will be responsible for its portion of loss arising from such occurrence under this Memorandum through the conclusion of the seven calendar day period, even if such period extends beyond the term of this Memorandum, subject to the terms and conditions hereof, provided that no amount of loss for the same occurrence shall be claimed against any renewal or replacement of this Memorandum. b. Occupational disease and communicable disease sustained by each employee shall be deemed to arise from a separate occurrence, and the occurrence shall be deemed to take place on the last day of the last exposure, in the employment of the Covered Party, to conditions causing or aggravating the disease OR the date upon which the employee first-suffered disability and either knew, or in the exercise of reasonable diligence should have known, that such disability was caused by his or her employment with the Covered Party, whichever comes first. 10. “Payroll”: Shall mean payroll computed in accordance with the rules set forth in the California Workers’ Compensation Insurance Manual published by the Workers’ Compensation Rating Bureau. 11. “Workers’ Compensation Act”: The phrase “Workers’ Compensation Act” shall mean the workers or workmen’s compensation law and occupational disease law of each state or territory described in parts ‘A.’ and ‘B.’ under Section I. APPLICATION OF MEMORANDUM. It includes any amendments to that law which are in effect during the policy period. “Workers’ Compensation Act” also includes the United States Longshore and Harbor Workers Compensation Act (33 USC Sections 901-950), but does not include any other any federal workers or workman’s compensation law, including, but not limited to, the Non-appropriated Fund Instrumentalities Act (5 USC Sections 8171-8173), the Outer Continental Shelf Lands Act (43 USC Sections 1331-1356a.), the Defense Base Act (42 USC Sections 1651-1654), the Federal Coal Mine Safety and Health Act (30 USC Sections 801-945); nor does “Workers’ Compensation Act” include any federal occupational disease law or the provisions of any other law that provides non-occupational disability benefits. IV. THE COVERED PARTY’S DUTIES IF INJURY OCCURS Tell SDRMA at once if an injury occurs that may be covered by this Agreement. The “Covered Party’s” other duties are to: a. Provide for immediate medical and other services required by the “Workers' Compensation Act.” Workers’ Compensation and Employers Liability Coverage Agreement 2023-24 Workers’ Compensation and Employers Liability Coverage Agreement Page 12 of 14 Tel 800-537-7790 Special District Risk Management Authority Fax 916-231-4111 Rev. 8/1/2023 www.sdrma.org b. Give SDRMA or its claims management firm the names and addresses of the injured persons and of witnesses and other information SDRMA may need. c. Promptly give SDRMA or its claims management firm all notices, demands, and legal papers related to the injury, claim, proceeding or suit. d. Cooperate with SDRMA or its claims management firm and assist SDRMA or its claims management firm as SDRMA or its claims management firm may request in the investigation, settlement, or defense of any claim, proceeding or suit. e. Do nothing after an injury occurs that would interfere with SDRMA’s right to recover from others. f. Do not voluntarily make payments, assume obligations or incur expenses except at the “Covered Party’s” own cost. V. CONTRIBUTION 1. Contribution(s) Due: The contribution(s) due for the coverages set forth in this Agreement shall be determined pursuant to the terms and conditions set forth in the Sixth Amended Joint Powers Agreement and any amendments thereto. The rules, classifications, and rates published by the Workers' Compensation Insurance Rating Bureau for the applicable year shall be used in computing contributions. 2. Classifications: The Board of Directors of the SDRMA shall classify the “Covered Party’s” payroll pursuant to the rules published by the Workers’ Compensation Insurance Rating Bureau and procedures and policies established from time to time. 3. Remuneration: Contribution for each work classification is determined by multiplying a rate times a contribution basis. Remuneration is the most common contribution basis. This contribution basis includes payroll and all other remuneration paid or payable during the coverage period for the services of: a. All the “Covered Party’s” officers and “Employees” engaged in work covered by this Agreement; and b. All other persons engaged in work that could make SDRMA liable under Part I (Workers' Compensation) of this Agreement. If the “Covered Party” does not have payroll records for these persons, the contract price for their services and materials may be used as the contribution basis. This paragraph will not apply if the “Covered Party” gives us proof that the employers of these persons lawfully secured their workers' compensation obligations. c. With respect to directors who sit on the Board of the Member who are paid either on the Member’s Payroll or through accounts payable as independent contractors, the Member’s contribution shall be in accordance with the rules and policies Workers’ Compensation and Employers Liability Coverage Agreement 2023-24 Workers’ Compensation and Employers Liability Coverage Agreement Page 13 of 14 Tel 800-537-7790 Special District Risk Management Authority Fax 916-231-4111 Rev. 8/1/2023 www.sdrma.org established by SDRMA, subject to a minimum per Director per year. d. The contribution base for volunteers is the number of hours worked times the federal minimum wage for each hour worked. This contribution base applies to volunteers who receive direct or indirect compensation from the Agency and applies to volunteers who are covered for workers' compensation benefits by resolution of the Agency Board of Directors. 4. Records: The “Covered Party” will keep records of information needed to compute a contribution. The “Covered Party” will provide us with copies of these records when SDRMA asks for them. 5. Audit: The “Covered Party” will let us examine and audit all the “Covered Party’s” records that relate to these coverages and this Agreement. These records include ledgers, journals, registers, vouchers, contracts, tax reports, payroll and disbursement records, and programs for storing and retrieving data. SDRMA may conduct the audits during regular business hours during the period of coverage and within three years after the coverage period ends. Information developed by audit will be used to determine final contribution. VI. CONDITIONS 1. Inspection: SDRMA has the right, but is not obligated, to inspect the “Covered Party’s” workplaces at any time. SDRMA inspections are not safety inspections. They relate only to the insurability of the workplaces and the contributions to be charged. SDRMA may give the “Covered Party” reports on the conditions which SDRMA finds. SDRMA may also recommend changes. While they help reduce losses, SDRMA does not undertake to perform the duty of any person to provide for the health or safety of the “Covered Party’s” “Employees” or the public. SDRMA does not warrant that the “Covered Party’s” workplaces are safe or healthful or that they comply with laws, regulations, codes, or standards. 2. Transfer of The “Covered Party’s” Rights and Duties: The “Covered Party’s” rights or duties under this policy may not be transferred without our written consent. 3. Cancellation: a. The “Covered Party” may cancel this coverage pursuant to the terms of the Sixth Amended Joint Powers Agreement (and any amendments thereto) and the Bylaws including the “involuntary termination” provisions. b. SDRMA may cancel this Agreement pursuant to the terms of the Joint Powers Agreement (and any amendments thereto) and the Bylaws. Workers’ Compensation and Employers Liability Coverage Agreement 2023-24 Workers’ Compensation and Employers Liability Coverage Agreement Page 14 of 14 Tel 800-537-7790 Special District Risk Management Authority Fax 916-231-4111 Rev. 8/1/2023 www.sdrma.org VII. CALIFORNIA AMENDATORY PROVISION Rate Changes: This Agreement is issued by SDRMA and accepted by the “Covered Party” with the agreement that the “Covered Party” will accept any increase in contribution or in the rates of contribution which may be promulgated by SDRMA’s Board of Directors and made effective immediately at any time during the “Coverage Period” as authorized by the Sixth Amended Joint Powers Agreement (or amendments thereto or amended versions thereof) and/or the Bylaws. Statutory Provision: The “Covered Party’s” “Employee” has a first lien upon any amount, which becomes owing to the “Covered Party” by us on account of this Agreement, and in the case of the “Covered Party’s” legal incapacity or inability to receive the money and pay it to the claimant SDRMA will pay it directly to the claimant. IN WITNESS WHEREOF, this Agreement has been executed by the Special District Risk Management Authority (SDRMA) on the date shown below. NOTICE: If proper, timely notice of intent to withdraw is not given, as required by the Sixth Amended and Restated Joint Powers Agreement and/or the Bylaws, or successor documents thereto, your District/Agency shall be responsible for the full program year's contributions and any assessments applicable thereto, for the program year for which notice was not timely given, as well as any other assessments to which a member District/Agency is or may legally be obligated. SPECIAL DISTRICT RISK MANAGEMENT AUTHORITY (SDRMA) Signed by: _______________________________________ ___July 1, 2023 ___ Brian Kelley, MBA, ARM Date Chief Executive Officer 26. EXHIBIT J WC COVERAGE 2023-24 Workers’ Compensation Coverage Documents T. 800-530-7790 Special District Risk Management Authority F. 916-231-4111 Rev. 08/1/2023 www.sdrma.org Workers’ Compensation and Employers Liability Coverage Exhibit J Public Risk Innovation, Solutions, and Management (PRISM) Policy No. PRISM-PE 23 EWC-30 27. VEHICLE COMP/COLLISION PROGRAM Declarations – Vehicle Comprehensive and Collision Coverage 2023-24 Property/Liability Coverage Documents Vehicle Comprehensive and Collision Coverage: 1 of 2 Tel 800-537-7790 Special District Risk Management Authority Fax 916-231-4111 Rev 08/01/2023 www.sdrma.org MEMBER COVERED:Costa Mesa Sanitary District 290 Paularino Avenue Costa Mesa, California 92626 Your District/Agency/City has elected to participate in the risk financing coverage programs described below as “THE PACKAGE PROGRAM” and in such other programs as are indicated herein. These DECLARATIONS together with the Memorandum of Coverage, the Vehicle Comprehensive and Collison Coverage Agreement attached as Exhibit K, the terms and conditions of the Sixth Amended and Restated Joint Powers Agreement and Bylaws, or successor documents thereto, constitute the entire agreement concerning risk-financing coverage between the Special District Risk Management Authority and your District/Agency/City. Please read the Sixth Amended and Restated Joint Powers Agreement and Bylaws of the Special District Risk Management Authority (hereinafter “SDRMA”), or successor documents thereto, together with the Memorandum of Coverages, hereinafter referred to as the “Memorandum” and the Vehicle Comprehensive and Collison Coverage Agreement, to ascertain all of your District's/Agency's/City’s rights and obligations regarding its relationship with the Special District Risk Management Authority. COVERAGE PERIOD: Jul 01, 2024 at 12:01 a.m. to Jul 01, 2025 at 12:01 a.m. COVERAGE – COMPREHENSIVE SDRMA, in return for payment of contributions and assessments as they become due, agrees with the Member named in the DECLARATIONS attached hereto to pay all losses for Comprehensive Coverage, to the extent reflected in the following paragraphs, which the Member shall sustain to Owned Autos during the period shown on DECLARATIONS and/or endorsements after the deduction of the applicable deductible. LIMIT(S)Limit of Liability: After deduction of applicable Member deductible SDRMA shall pay the lesser of; a)The actual cash value of the vehicle at time of loss; or b)The stated value shown in your application, as reflected in Renewal Questionnaire, and revisions thereto, and not reduced by rental costs, or c)The actual cost of repair of the vehicle and equipment included in the value reflected on the Renewal Questionnaire, and revisions thereto; COVERAGE – COLLISION SDRMA, in return for payment of contributions and assessments as they become due, agrees with the Member named in the DECLARATIONS attached hereto to pay all losses for Collision Coverage, to the extent reflected in the following paragraphs, which Declarations – Vehicle Comprehensive and Collision Coverage 2023-24 Property/Liability Coverage Documents Vehicle Comprehensive and Collision Coverage: 2 of 2 Tel 800-537-7790 Special District Risk Management Authority Fax 916-231-4111 Rev 08/01/2023 www.sdrma.org the Member shall sustain to Owned Autos during the period shown on DECLARATIONS and/or endorsements after the deduction of the applicable deductible. LIMIT(S)Limit of Liability: SDRMA will pay for loss to your auto by collision, but only to the lesser of the following amounts after the deduction of the applicable Member deductible; a)The actual cash value of the vehicle at time of loss; or b)The stated value shown in your application, as reflected in the Renewal Questionnaire, and revisions thereto, and not reduced by rental costs; or c)The actual cost of repair of the vehicle and equipment included in the value reflected on the Renewal Questionnaire, and revisions thereto; MEMBER DEDUCTIBLE As listed on vehicle schedule 28. EXHIBIT K - VEHICLE COMP / COLL COVERAGE 2023-24 Property/Liability Coverage Documents T. 800-537-7790 Special District Risk Management Authority F. 916-231-4111 Rev. 8/1/2023 www.sdrma.org Vehicle Comprehensive and Collision Coverage Agreement Exhibit K Special District Risk Management Authority Policy No. CC-SDRMA-2023-24 Vehicle Comprehensive and Collision Coverage 2023-24 Property/Liability Coverage Documents Page: 1 of 9 Tel 800-537-7790 Special District Risk Management Authority Fax 916-231-4111 Rev 8/1/2023 www.sdrma.org Vehicle Comprehensive and Collision Coverage Agreement Exhibit K No. CC-SDRMA-2023-24 Various provisions in this coverage agreement restrict coverage. Read the entire coverage agreement carefully to determine rights, duties, and what is and is not covered. Throughout this coverage agreement the words “you” and “your” refer to the Member shown in the Declarations. The words “we,” “us” and “our” refer to Special District Risk Management Authority. Other words and phrases that appear in bold face type have special meaning. Please refer to Section II – Definitions. I. Coverage SDRMA, in return for payment of contributions and assessments as they become due, agrees with the Member named in the DECLARATIONS attached hereto to pay all losses, to the extent reflected in the following paragraphs, which the Member shall sustain to Owned Auto(s) during the period shown on DECLARATIONS and/or endorsements after the deduction of the applicable deductible. II. Comprehensive 1. Limit of Liability After deduction of applicable Member deductible SDRMA shall pay the lesser of; a) The Actual Cash Value of the Owned Auto(s) at time of loss; or b) The stated value shown in your application, as reflected in Renewal Questionnaire, and revisions thereto, and not reduced by rental costs, or c) The actual cost of repair of the Owned Auto(s) and equipment included in the value reflected on the Renewal Questionnaire, and revisions thereto; 2. Exclusions The following Losses are specifically excluded from coverage hereunder: a) Losses resulting from Collision or Overturn . b) Losses of entertainment equipment (radios, stereos, iPads, iPods, iPhones) not factory-installed and not used for local communications. c) Normal wear and tear to any covered Owned Auto(s). Vehicle Comprehensive and Collision Coverage 2023-24 Property/Liability Coverage Documents Page: 2 of 9 Tel 800-537-7790 Special District Risk Management Authority Fax 916-231-4111 Rev 8/1/2023 www.sdrma.org II. Comprehensive, continued d) Owned Auto(s) declared a Total Loss Salvage Auto. III. Collision or Overturn 1. Limit of Liability SDRMA will pay for Loss to your Owned Auto(s) by collision, but only to the lesser of the following amounts after the deduction of the applicable Member deductible; a) The Actual Cash Value of the Owned Auto(s) at time of Loss; or b) The stated value shown in your application, as reflected in the Renewal Questionnaire, and revisions thereto, and not reduced by rental costs; or c) The actual cost of repair of the Owned Auto(s) and equipment included in the value reflected on the Renewal Questionnaire, and revisions thereto; 2. Exclusions The following losses are specifically excluded from coverage hereunder: a) Damage to Owned Auto(s) declared a Total Loss Salvage Auto. b) Damage to High Dollar Owned Auto(s) IV. Definitions Auto means a land motor Owned Auto(s), trailer, or semi-trailer, but does not include Mobile Equipment. Collision or Overturn means that your Owned Auto(s) was upset or hit by an Owned Auto(s) or other object, other than a bird or other animal. Comprehensive means Loss to an Owned Auto(s) except Loss by Collision or Overturn. “Comprehensive” includes breakage of glass, or Loss caused by missiles, falling objects, fire, theft, larceny, explosion, earthquake, windstorm, hail, water, flood, malicious mischief or vandalism, riot or civil commotion. “Comprehensive” also includes Loss due to hitting or being hit by a bird or other animal. Vehicle Comprehensive and Collision Coverage 2023-24 Property/Liability Coverage Documents Page: 3 of 9 Tel 800-537-7790 Special District Risk Management Authority Fax 916-231-4111 Rev 8/1/2023 www.sdrma.org IV. Definitions, continued Covered Individual(s) means: A. Those individuals who were or now are elected or appointed officials of the Member, including members of its governing body or any other committees, trustees, boards or commissions of the Member, while acting in the course and scope of employment with or for or on behalf of the Member. B. Past or present individual employees and board members of the Member while acting for or on behalf of the Member. C. Any of the Members individual Volunteers while acting within the course and scope of their service or duties as Volunteers, or workers who participate in an internship or training program which may lead to employment with the Member, while acting within the scope of their duties in their internship or training program. D. Any individual added by endorsement. E. However, subject to A., B., C. and D. above, Covered Individual(s) does not include any individual using an Owned Auto(s) who is not an employee or board member of the Member unless that individual is specifically added by endorsement to this Agreement. Covered Party means a Member, a Covered Individual or any other entity or individual added by endorsement as a Covered Party. If the Member named in the Declarations is a Joint Powers Authority duly authorized and existing pursuant to the provisions of California Government Code §§ 6500 et seq., members of that Joint Powers Authority, but only to the extent such Joint Powers Authority members of the SDRMA Member named in the Declarations are liable under Government Code § 895.2 for the acts or omissions of the SDRMA Member named in the Declarations. The term Covered Party shall not include a Member’s or Covered Individual’s legal counsel or that legal counsel’s law firm. High Dollar Auto(s) means an Owned Auto(s) with an Actual Cash Value in excess of $100,000 and is less than 10 years of age. Loss means direct and accidental damage or loss. Vehicle Comprehensive and Collision Coverage 2023-24 Property/Liability Coverage Documents Page: 4 of 9 Tel 800-537-7790 Special District Risk Management Authority Fax 916-231-4111 Rev 8/1/2023 www.sdrma.org Member(s) means the District(s), Agency(s), City(ies) or Entity(s) identified in the Declarations. Mobile Equipment means any type of land motor vehicle not legally subject to registration as a motor vehicle. Occurrence means an accident or event, including continuous, repeated, or related exposure to conditions, which results in Personal Injury or Property Damage neither expected nor intended from the standpoint of the Covered Party. All such exposure to substantially the same general conditions shall be deemed one Occurrence. Owned Auto(s) means any Auto(s) or trailer owned or leased by the Member and reported to SDRMA prior to the coverage period or, if acquired by purchase or lease during the coverage period, reported to SDRMA within thirty (30) days of such acquisition. A Total Loss Salvage Auto(s) means an Owned Auto(s) that has been wrecked, destroyed, or damaged to the extent that it has been considered uneconomical to repair by Owned Auto(s) owner, lessor, lender, insurer, or risk financing entity, and as a consequence the Owned Auto(s) is not repaired by or for the person who owned or leased the Owned Auto(s) at the time of the event resulting in wreckage, destruction or damage. V. Loss Payment Provisions 1. Actual Cash Value Actual Cash Value is determined by the market value, age and condition of the Owned Auto(s) and personal property at the time the loss occurred, after the deduction of the applicable deductible. 2. Settlement of Loss SDRMA has the right to settle a loss with the Member, and with any loss payee named in the Renewal Questionnaire or revisions thereto, in one of the following ways: a) Pay up to the Actual Cash Value of the Owned Auto(s); b) Pay to repair or replace the Owned Auto(s) or part with like kind and quality. If the repair or replacement results in better than like, kind and quality, Member must pay for the amount of the betterment; Vehicle Comprehensive and Collision Coverage 2023-24 Property/Liability Coverage Documents Page: 5 of 9 Tel 800-537-7790 Special District Risk Management Authority Fax 916-231-4111 Rev 8/1/2023 www.sdrma.org V. Loss Payment Provisions, continued c) Return the stolen Owned Auto(s) and pay for any damage due to the theft; or d) Take the Owned Auto(s) at an agreed value; but it cannot be abandoned to SDRMA. e) In the event the Owned Auto(s) is a total loss, the Owned Auto(s) cannot be scheduled as an Owned Auto(s) thereafter. f) Pay for the personal property of a Covered Party when Damage arises out of a Loss from an Owned Auto(s), with payment to be made at the Actual Cash Value of personal property lost. 3. Rental Payments With respect to both Comprehensive coverage and Collision coverage as specified in paragraphs II. and III., above, while an Owned Auto(s) is being repaired and the Member requires the use of a replacement Owned Auto(s) during that repair, SDRMA will also pay reasonable charges for the rental of a replacement Owned Auto(s) for a reasonable period of time provided that such amounts shall be reduced by any deductible reflected in the renewal questionnaire or revisions thereto and provided further that in no case shall SDRMA’s liability exceed the amount reflected in the Renewal Questionnaire and revisions thereto. 4. Appraisal If the Covered Party and SDRMA fail to agree as to the amount of loss, either may demand an appraisal of the loss. The Covered Party and SDRMA shall each select a competent appraiser and the appraisers shall select a competent disinterested umpire. The appraisers shall state separately the Actual Cash Value (ACV) and the amount of loss and, failing to agree, they shall submit their differences to the umpire for a decision and award. The Covered Party and SDRMA shall each bear the cost of their own selected, competent appraiser, and shall bear equally the cost of the umpire and other expenses of appraisal and award. VI. Conditions Changes to Member Scheduled Items Should the Member desire to make adjustments such as additions and/or deletions during the program year to the Members' scheduled items of Owned Auto(s) such adjustments will be subject to the final decision of the SDRMA’s CEO. Adjustments to the Members' scheduled items of Owned Auto(s) will generally be effective as of the date of Vehicle Comprehensive and Collision Coverage 2023-24 Property/Liability Coverage Documents Page: 6 of 9 Tel 800-537-7790 Special District Risk Management Authority Fax 916-231-4111 Rev 8/1/2023 www.sdrma.org acquisition. However, coverage and/or billing related to that adjustment will not be retroactive to earlier than the program year that the adjustment and/or change occurs. Any adjustments that result in a premium refund will be effective no more than 30 days prior to the date the Member notifies SDRMA of the adjustment change. Duties After Loss In case of a Loss, to which this Agreement may apply, a Covered Party shall perform the following duties: 1. Give written notice to SDRMA as soon as possible stating: the Memorandum number and name(s) of the Covered Party. a. the date, time, place and circumstances of the Loss. b. the names, addresses and phone numbers of every claimant and witness. 2. Promptly send SDRMA any legal papers received relating to a Loss. 3. Cooperate with and assist SDRMA in any matter relating to a Loss. 4. With respect to any property Loss, send SDRMA a sworn proof of loss within 60 days of the Loss. Also, exhibit any damaged property which is within the control of the Covered Party. 5. Prepare an inventory of damaged personal property showing, in detail, the quantity, description, place of purchase/acquisition, date of purchase/acquisition, Actual Cash Value and amount of loss. Attach to the inventory all bills, receipts and related documents that substantiate the information in the inventory. 6. Produce representatives and employees of the Covered Party to the extent it is within the Covered Party’s power to do so. 7. Submit to and subscribe, outside the presence of any other Covered Party as often as SDRMA reasonably requires: a. statements; b. examinations under oath, and 8. Produce employees, officers, and directors of a Covered Party for statements and examinations under oath, upon request, to the extent it is within the Covered Party’s power to do. 9. Provide us with original records and documents SDRMA request and permit us to make copies. Vehicle Comprehensive and Collision Coverage 2023-24 Property/Liability Coverage Documents Page: 7 of 9 Tel 800-537-7790 Special District Risk Management Authority Fax 916-231-4111 Rev 8/1/2023 www.sdrma.org No Benefit to Bailee SDRMA will not recognize any assignment or grant any coverage for the benefit of any person or organization holding, storing or transporting property for a fee regardless of any other provision of this Coverage Agreement. Misrepresentation, Concealment or Fraud This entire Agreement is void, and no coverage is available for any Covered Party, if any Covered Party has knowingly and willfully concealed or misrepresented any material fact or circumstance or engaged in any fraudulent conduct relating to this Agreement or any policy attached hereto as an Exhibit, or any loss, arising thereunder, whether before or after the loss. Intentional Loss No coverage is available for any Covered Party for Loss arising out of any act committed by or at the direction of any Covered Party with the intent to cause a Loss. Other Insurance The coverages provided pursuant to this Agreement shall apply only in excess of any insurance available to any Covered Party. In addition, except with respect to the policies referred to herein, the coverage’s provided pursuant to this Agreement shall apply only in excess of coverage or benefits provided by self-insurance arrangements, pools, self-insurance trusts, captive insurance companies, retention groups, reciprocal exchanges, or any other plan or agreement of risk transfer or assumption. Voluntary Payments The Covered Party shall not, except at their own expense, voluntarily make any payment, assume any obligation, or incur any expense, other than for first aid, without the written consent of SDRMA. Authorization Clause Vehicle Comprehensive and Collision Coverage 2023-24 Property/Liability Coverage Documents Page: 8 of 9 Tel 800-537-7790 Special District Risk Management Authority Fax 916-231-4111 Rev 8/1/2023 www.sdrma.org By acceptance of this Agreement, the Member agrees to act on behalf of its officers, employees and agents with respect to the giving and receiving of notice of claim, the payment of contributions and assessments, and the receiving of any return contributions that may become due under this Agreement, and said officers, employees and agents agree that the named Member shall act on their behalf. Arbitration This Liability Coverage Agreement is subject to all of the terms and conditions of the “Arbitration” provision contained in the Memorandum of Coverages or successor documents thereto to which this Liability Coverage Agreement is attached as an exhibit. Subject to the provisions of the Government Claims Act, California Government Code § 900 et seq., as a condition precedent to any right of action against SDRMA, any dispute between the Member or any other Covered Party and SDRMA regarding or arising out of the risk financing afforded under the terms of this Agreement or the coverage’s provided pursuant thereto, including its formation or validity, or any transaction under the Agreement issued to the Member by SDRMA, or any dispute or claim of any nature arising from or related in any way to the relationships governed by the Agreement issued to the Member by SDRMA, whether arising before or after termination, shall be resolved by final and binding arbitration before a certified Arbitrator (affiliated with J.A.M.S., Two Embarcadero Center, Suite 1100, San Francisco, CA 94111), in accordance with its then existing applicable rules of practice and procedure and in accordance with the provisions of the California Code of Civil Procedure, Sections 1280, et seq. The arbitration shall be before a single neutral arbitrator selected jointly by SDRMA and the Member or other Covered Party. If SDRMA and the Covered Party do not agree on the identity of the Arbitrator, the Arbitrator will be appointed by J.A.M.S. Said arbitration shall take place in Sacramento, California unless the Member or other Covered Party and SDRMA jointly agree in writing to a different location. The Arbitrator shall have the power to determine all procedural rules for the holding of the Arbitration including but not limited to determining the arbitrability of claims, prehearing discovery, inspection of documents, examination of witnesses, etc. Both SDRMA and the Member or other Covered Party shall share equally in the cost of the Arbitration and shall otherwise bear their own costs and attorneys’ fees in connection with such Arbitration. Judgment upon any arbitration award may be entered in any court having jurisdiction thereof. Vehicle Comprehensive and Collision Coverage 2023-24 Property/Liability Coverage Documents Page: 9 of 9 Tel 800-537-7790 Special District Risk Management Authority Fax 916-231-4111 Rev 8/1/2023 www.sdrma.org Suit Against SDRMA Subject to the “Arbitration” provision, there will be no right of action against SDRMA under this Coverage Agreement unless the Covered Party shall have complied with all of the terms and conditions of this Coverage Agreement and the amount which the Covered Party owes has been determined either by actual trial and final judgment or by settlement with the written consent of SDRMA. Notwithstanding any other provision of law, any action against SDRMA for recovery of any sums claimed to be due under this Coverage Agreement shall be filed within one year of the receipt of the written denial of the claim by SDRMA. If the written denial of the claim is appealed pursuant to the terms of the Coverage Agreement, any action against SDRMA for recovery of any sums claimed to be due under this Coverage Agreement shall be filed within one year of the receipt by the Member or Covered Party of the written denial following the appeal. Any such action shall be venued in the Superior Court of California, County of Sacramento. Suits Brought By SDRMA Any suit or action of any kind relating to this Coverage Agreement brought by SDRMA against any Member, shall be venued in the Superior Court for Sacramento, California (and in no other), and the Member hereby consents to the jurisdiction of said court. Appeal If your claim is denied, you have the right to file a written appeal within 60 days of the date of the written denial. Your appeal must be submitted in writing and should include the reason(s) why you disagree with the denial, along with documentation supporting your appeal. * * * * * SPECIAL DISTRICT RISK MANAGEMENT AUTHORITY Signed by: ___________________________________ ___July 1, 2023_____ Brian Kelley, MBA, ARM Date Chief Executive Officer 29. SPECIAL ENDORSEMENTS 2023-24 Property/Liability Coverage Documents T. 800-537-7790 Special District Risk Management Authority F. 916-231-4111 Rev. 08/1/2023 www.sdrma.org Special Terms and Endorsements Your agency’s special endorsements are included behind this cover page. If your agency has no special endorsements then there will be no additional pages behind this cover page. If you believe your agency should have an endorsement included in this section, please contact Wendy Tucker at wtucker@sdrma.org or call 800-537-7790. 30. PROPERTYSpecial District Risk Management Authority Property Inventory for Program Year 2024-25 Costa Mesa Sanitary District Item Square Feet Description Address Building Value Effective Date Termination Date Contents Value Under Construction BIRI BIRI Coverage Net Premium 5,223Office Building with Attached Garage 174 W Wilson $3,502,319 $390,244 2 $15,945 11,000Office Building 290 Paularino Avenue $3,715,109 $577,613 9 $17,584 0Sewer lift station Mendoza $500,354 $0 13 $2,050 0Sewer lift station 23rd St.$479,090 $0 21 $1,962 0Sewer lift station Adams $162,115 $0 31 $664 0Sewer lift station Canyon $372,092 $0 35 $1,524 0Sewer lift station President $270,190 $0 38 $1,107 0Sewer lift station Victoria $479,090 $0 40 $1,962 0Sewer lift station 21st Pump Station $297,209 $0 71 $1,217 0Sewer lift station Gisler $162,115 $0 87 $664 0Sewer lift station Harbor $405,284 $0 91 $1,660 0Sewer lift station South Coast Plaza $216,152 $0 100 $885 0Sewer lift station Corporation Yard $162,115 $0 102 $664 0Sewer lift station Santa Ana $216,152 $0 113 $885 0Sewer lift station Iowa $162,115 $0 120 $664 0Sewer lift station Sea Bluff $162,115 $0 127 $664 0Sewer lift station Westbluff $162,115 $0 151 $664 0Sewer lift station California $175,623 $0 172 $719 1,167District Yard #2 2252 Fairview Road $405,284 $64,179 181 $1,923 0Sewer lift station Aviemore $175,623 $0 182 $719 0Sewer lift station Elden $1,823,783 $0 183 $7,471 0Sewer lift station Irvine $1,688,686 $0 184 $6,917 0Sewer lift station 19th St.$337,738 $0 185 $1,383 Totals $16,032,468 $1,032,036 This is a listing of your currently scheduled items with SDRMA Special District Risk Management Authority www.sdrma.org 1112 I Street Suite 300, Sacramento, California 95814-2865Tel 916.231.4141 or 800.537.7790 Fax 916.231.4111 Report Date: 07/01/2024 Page 1 31. VEHICLESSpecial District Risk Management Authority Vehicle Inventory for Program Year 2024-25 Costa Mesa Sanitary District YearItem VIN Termination Date Make / Model Type GVW Value Comp / Coll Limits Effective Date AL Net Premium APD Comp Gross Premium APD Coll Gross Premium VACCON V-PD3612LHAE-O Unit 1001 2013 43,180 $333,165 Extra Heavy Truck1FVHG3BSXDHBY4133 3 $500 / $1,000 $783.94$973.13 $1,475.05 FORD F750 4X2 Unit 1004 2013 22,300 $157,649 Heavy Truck3FRWW7FE6DV026249 8 $500 / $1,000 $783.94$973.13 $1,475.05 Ford F250 Unit 1013 2018 23,500 $47,000 Heavy Truck1FT7X2AT7JEC58258 11 $500 / $1,000 $395.20$973.13 $752.35 Kenworth T880 Vactor 2111i 2020 66,000 $428,479 Extra Heavy Truck1NKZLJ0X2LJ395152 15 $500 / $1,000 $1,179.14$924.47 $2,218.24 Ford F250 2019 14,000 $47,994 Medium Truck1FT7W2BT9KEF02382 16 $500 / $1,000 $433.88$973.13 $823.75 Ford F-350 2019 11,500 $63,982 Medium Truck1FD8X3BT1KEG21515 18 $500 / $1,000 $433.88$973.13 $823.75 Ford/PU 2022 5,200 $33,000 Pick-Up Truck3FTTW8E37NRA29676 19 $500 / $1,000 $424.85$875.81 $819.24 Ford F-150 2022 6,250 $43,696 Pick-Up Truck1FTEX1CB5NKD41328 20 $250 / $500 $705.87$875.81 $1,361.19 Ford/F150 2022 7,000 $47,869 Pick-Up Truck1FTEX1CP2NKE73894 21 $500 / $1,000 $699.83$875.81 $1,330.80 Kenworth Vactor T880 2023 66,000 $574,200 Extra Heavy Truck1NKZLJOX5PJ258213 22 $500 / $1,000 $1,386.72$924.47 $2,609.70 Chevrolet Bolt EV 2023 4,505 $32,289 Auto Non-Emergency1G1FW6S04P4133218 23 $500 / $1,000 $424.85$875.81 $819.24 Kenworth T880 Vactor 2024 66,000 $639,085 Heavy Truck1NKZLJ0X3RJ385898 24 $500 / $1,000 $1,386.72$924.47 $2,609.70 $2,448,408 Totals This is a listing of your currently scheduled items with SDRMA Special District Risk Management Authority www.sdrma.org 1112 I Street Suite 300, Sacramento, California 95814-2865Tel 916.231.4141 or 800.537.7790 Fax 916.231.4111 Report Date: 07/01/2024 Page 1 32. VEHICLE COVERAGE CARDS California Vehicle Insurance Card Member District: Costa Mesa Sanitary District Effective Dates: 07/01/2024 - 07/01/2025 Vehicle Year / Make and Model / VIN: Coverage: Liability | $500 Comp Ded. | $1,000 Coll Ded. Policy: SDRMA-6819-202425 2013 / VACCON V-PD3612LHAE-O Unit 1001 / 1FVHG3BSXDHBY4133 Special District Risk Management Authority 1112 'I' Street Suite 300 Sacramento, CA 95814-2865 Tel 916.231.4141 or 800.537.7790 Fax 916.231.4111 California Vehicle Insurance Card Member District: Costa Mesa Sanitary District Effective Dates: 07/01/2024 - 07/01/2025 Vehicle Year / Make and Model / VIN: Coverage: Liability | $500 Comp Ded. | $1,000 Coll Ded. Policy: SDRMA-6819-202425 2013 / FORD F750 4X2 Unit 1004 / 3FRWW7FE6DV026249 Special District Risk Management Authority 1112 'I' Street Suite 300 Sacramento, CA 95814-2865 Tel 916.231.4141 or 800.537.7790 Fax 916.231.4111 California Vehicle Insurance Card Member District: Costa Mesa Sanitary District Effective Dates: 07/01/2024 - 07/01/2025 Vehicle Year / Make and Model / VIN: Coverage: Liability | $500 Comp Ded. | $1,000 Coll Ded. Policy: SDRMA-6819-202425 2018 / Ford F250 Unit 1013 / 1FT7X2AT7JEC58258 Special District Risk Management Authority 1112 'I' Street Suite 300 Sacramento, CA 95814-2865 Tel 916.231.4141 or 800.537.7790 Fax 916.231.4111 California Vehicle Insurance Card Member District: Costa Mesa Sanitary District Effective Dates: 07/01/2024 - 07/01/2025 Vehicle Year / Make and Model / VIN: Coverage: Liability | $500 Comp Ded. | $1,000 Coll Ded. Policy: SDRMA-6819-202425 2020 / Kenworth T880 Vactor 2111i / 1NKZLJ0X2LJ395152 Special District Risk Management Authority 1112 'I' Street Suite 300 Sacramento, CA 95814-2865 Tel 916.231.4141 or 800.537.7790 Fax 916.231.4111 California Vehicle Insurance Card Member District: Costa Mesa Sanitary District Effective Dates: 07/01/2024 - 07/01/2025 Vehicle Year / Make and Model / VIN: Coverage: Liability | $500 Comp Ded. | $1,000 Coll Ded. Policy: SDRMA-6819-202425 2019 / Ford F250 / 1FT7W2BT9KEF02382 Special District Risk Management Authority 1112 'I' Street Suite 300 Sacramento, CA 95814-2865 Tel 916.231.4141 or 800.537.7790 Fax 916.231.4111 California Vehicle Insurance Card Member District: Costa Mesa Sanitary District Effective Dates: 07/01/2024 - 07/01/2025 Vehicle Year / Make and Model / VIN: Coverage: Liability | $500 Comp Ded. | $1,000 Coll Ded. Policy: SDRMA-6819-202425 2019 / Ford F-350 / 1FD8X3BT1KEG21515 Special District Risk Management Authority 1112 'I' Street Suite 300 Sacramento, CA 95814-2865 Tel 916.231.4141 or 800.537.7790 Fax 916.231.4111 California Vehicle Insurance Card Member District: Costa Mesa Sanitary District Effective Dates: 07/01/2024 - 07/01/2025 Vehicle Year / Make and Model / VIN: Coverage: Liability | $500 Comp Ded. | $1,000 Coll Ded. Policy: SDRMA-6819-202425 2022 / Ford/PU / 3FTTW8E37NRA29676 Special District Risk Management Authority 1112 'I' Street Suite 300 Sacramento, CA 95814-2865 Tel 916.231.4141 or 800.537.7790 Fax 916.231.4111 California Vehicle Insurance Card Member District: Costa Mesa Sanitary District Effective Dates: 07/01/2024 - 07/01/2025 Vehicle Year / Make and Model / VIN: Coverage: Liability | $250 Comp Ded. | $500 Coll Ded. Policy: SDRMA-6819-202425 2022 / Ford F-150 / 1FTEX1CB5NKD41328 Special District Risk Management Authority 1112 'I' Street Suite 300 Sacramento, CA 95814-2865 Tel 916.231.4141 or 800.537.7790 Fax 916.231.4111 California Vehicle Insurance Card Member District: Costa Mesa Sanitary District Effective Dates: 07/01/2024 - 07/01/2025 Vehicle Year / Make and Model / VIN: Coverage: Liability | $500 Comp Ded. | $1,000 Coll Ded. Policy: SDRMA-6819-202425 2022 / Ford/F150 / 1FTEX1CP2NKE73894 Special District Risk Management Authority 1112 'I' Street Suite 300 Sacramento, CA 95814-2865 Tel 916.231.4141 or 800.537.7790 Fax 916.231.4111 California Vehicle Insurance Card Member District: Costa Mesa Sanitary District Effective Dates: 07/01/2024 - 07/01/2025 Vehicle Year / Make and Model / VIN: Coverage: Liability | $500 Comp Ded. | $1,000 Coll Ded. Policy: SDRMA-6819-202425 2023 / Kenworth Vactor T880 / 1NKZLJOX5PJ258213 Special District Risk Management Authority 1112 'I' Street Suite 300 Sacramento, CA 95814-2865 Tel 916.231.4141 or 800.537.7790 Fax 916.231.4111 California Vehicle Insurance Card Member District: Costa Mesa Sanitary District Effective Dates: 07/01/2024 - 07/01/2025 Vehicle Year / Make and Model / VIN: Coverage: Liability | $500 Comp Ded. | $1,000 Coll Ded. Policy: SDRMA-6819-202425 2023 / Chevrolet Bolt EV / 1G1FW6S04P4133218 Special District Risk Management Authority 1112 'I' Street Suite 300 Sacramento, CA 95814-2865 Tel 916.231.4141 or 800.537.7790 Fax 916.231.4111 California Vehicle Insurance Card Member District: Costa Mesa Sanitary District Effective Dates: 07/01/2024 - 07/01/2025 Vehicle Year / Make and Model / VIN: Coverage: Liability | $500 Comp Ded. | $1,000 Coll Ded. Policy: SDRMA-6819-202425 2024 / Kenworth T880 Vactor / 1NKZLJ0X3RJ385898 Special District Risk Management Authority 1112 'I' Street Suite 300 Sacramento, CA 95814-2865 Tel 916.231.4141 or 800.537.7790 Fax 916.231.4111 33. MOBILE/CONTRACTORS EQUIPMENTSpecial District Risk Management Authority Mobile/Contractors Equipment Inventory for Program Year 2024-25 Costa Mesa Sanitary District Item Serial Number Description Original Value Actual Cash Value Effective Date Termination DateNet Premium 5GLBE1010GC000476 CUES Camera Video Inspection Trailer $91,260 $91,260 1 $119.57 CALIF. - UNIT 1 Doosan 40KVA Portable Standby Generator $28,000 $28,000 2 $36.69 S. BLUFF - UNIT 3 Doosan 40KVA Portable Standby Generator $28,000 $28,000 3 $36.69 IOWA - UNIT 4 Doosan 40KVA Portable Standby Generator $28,000 $28,000 4 $36.69 W. BLUFFS - UNIT 5 Doosan 40KVA Portable Standby Generator $28,000 $28,000 5 $36.69 S. ANA UNIT - 6 Doosan 40KVA Portable Standby Generator $28,000 $28,000 6 $36.69 GISLER - UNIT 2 Doosan 40KVA Portable Standby Generator $28,000 $28,000 7 $36.69 0158 GR190 UNIT 1002 Generac Generator Trailer $33,385 $33,385 18 $43.74 9278 GR85 UNIT 1003 Generac Generator Trailer Model GR85 $28,500 $28,500 19 $37.34 D30-10 UNIT 1011 Multiquip Standby Generator $26,000 27 $34.07 G70WCU-3A-T41 G70 Doosan Portable Trailer Mounted Generator $50,048 29 $65.57 12361229 Pioneer Prime Mobile Bypass Pump Unit 1042 $52,973 30 $69.41 12361210 Pioneer Prime Mobile Bypass Pump Unit 1041 $52,973 31 $69.41 A233519 Forklift/Komatsu $43,558 32 $57.07 $321,145 $546,697 Totals This is a listing of your currently scheduled items with SDRMA Special District Risk Management Authority www.sdrma.org 1112 I Street Suite 300, Sacramento, California 95814-2865Tel 916.231.4141 or 800.537.7790 Fax 916.231.4111 Report Date: 07/01/2024 Page 1 34. TRAILERSSpecial District Risk Management Authority Trailer Inventory for Program Year 2024-25 Costa Mesa Sanitary District ID Number Year Make / Model GVW Value Effective Date Termination Date Item Deductible Gross Premium 1N9AP1017BS272611 2008 National Signal ARO-LITE Arrowboard 25L Unit 1006 1,000 $1,620 3 $250 $35.93 $1,620 Total This is a listing of your currently scheduled items with SDRMA Special District Risk Management Authority www.sdrma.org 1112 I Street Suite 300, Sacramento, California 95814-2865Tel 916.231.4141 or 800.537.7790 Fax 916.231.4111 Report Date: 07/01/2024 Page 1 35. OUTSIDE POLICY DOCUMENTS 2023-24 Property/Liability Coverage Documents T. 800-537-7790 Special District Risk Management Authority F. 916-231-4111 Rev. 08/1/2023 www.sdrma.org Outside Policies Purchased Through SDRMA Your agency’s Outside Policies are listed separately in this section. If your agency has no Outside Policies then there will be no files listed. If you believe your agency should have an Outside Policy listed, please contact Wendy Tucker at wtucker@sdrma.org or call 800-537-7790.