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HomeMy WebLinkAboutExhibitMINI PITCH PROGRAM AGREFMENT This Mini Pitch Agreement ("Agreement"), dated as of the _ of , 2018 ("Effective Date"), is between United States Soccer Federation Foundation, Inc., a Delaware Non -Profit Corporation, whose address is 1140 NW Connecticut Avenue, Washington, DC 20036 ("Foundation") and the City of Miami, a Florida municipal corporation, whose address is 444 Southwest 2❑d Avenue, Miami, Florida 33130 (`Miami Parks"), in accordance with the terms and conditions set forth herein. 1. Acrylic Mini Pitches: Consistent with Foundation's interests in promoting youth soccer, particularly within vulnerable communities in urban areas, this Agreement will provide up to two (2) acrylic mini pitch surfaces with goal installation (`Mini Pitches"), to be supplied by the Foundation, which shall be valued by Foundation, in its sole and absolute discretion, in an amount up to one hundred twenty thousand dollars ($120,000.00). The Foundation explicitly agrees that it will be responsible for all costs associated with creating plans, obtaining permits, any surveys associated with this Agreement, and any and. all fees associated with this Agreement. All Mini Pitches will be installed in City of Miami Parks (`Mini Pitch Project") in 2018, at no cost to Miami Parks, with an estimated completion date of October 15, 2018. The location of the Mini Pitches is Duarte Park (`Park") located at 1776 NW 28th St, Miami, FL 33142. The Park's existing tennis courts will be modified in order to create the Muni Pitches. An aerial photo of the tennis courts at the Park is attached and incorporated into this Agreement, as Attachment B, attached and incorporated herein. 2. Covenants: In order to induce Foundation to enter into this Agreement, and to receive the aforementioned Mini Pitches, Miami Parks covenants as follows: (a) The Foundation's afterschool soccer program, Soccer for Success ("Program"), will receive scheduling priority on the Mini Pitches for a minimum of twenty-four (24) weeks per year, three (3) days per week. The Program will be run in two (2) twelve (12) week sessions (`Sessions"), one in the fall, and one in the spring, and will be operated by a mutually -agreed upon local program operator ('Operator"), at no cost to Miami Parks. Miami Parks and Foundation shall agree, in writing, on the identity of Operator prior to the commencement of the Program. Soccer for Success programming will be housed on the Mini Pitches for the lifespan of the Mini Pitches. Miami Parks agrees to not rennove or materially modify the Mini Pitches during the three (3) years following the Foundation's receipt of the Written Communication from Miami Parks, as defined below (`Three Year Period"). After the expiration of the aforementioned Three Year Period, Foundation acknowledges that it has no expectation as to the lifespan of the Mini Pitches and that Miami Parks may remove or modify the Mini Pitches at -will and without penalty to Miami Parks. In order for Operator to receive priority scheduling for the implementation of the Program, Operator must submit its proposed schedule to Miami Parks at least sixty (60) days prior to the beginning of the Session. (b) With at least thirty (30) days prior written notice to Miami Parks, Foundation will be granted usage of each Mini Pitch for one (1) day per year over the first five (5) years following each Mini Pitches' completion, including, with prior written consent, which will not be unreasonably withheld, from Miami Parks, for Special Events (as defined below) that are organized by Foundation. Foundation will make best efforts to schedule such usage for dates and times mutually agreed upon with Miami Parks, and Miami Parks will not unreasonably withhold play space time for such usage. For purposes of this Agreement, "Special Events" shall be defined as tournaments, clinics, events, training sessions, media functions and any other similar event the Foundation so determines. (c) Upon completion, the Mini Pitches will be fenced and otherwise maintained in accordance with Foundation's installation vendor's recommendations for user safety. Miami Parks acknowledges and agrees that it will be responsible for the maintenance and safety of the Mini Pitches following the completion of the installation process, as more fully described in the "Assumption of Risk' section of this Agreement, which include regular cleaning of the surface and inspection of all Mini Pitch elements. Miami Parks is responsible for providing regular updates to the Foundation on the status of the Mini Pitches, including status of the goals and windscreens. (d) Miami Parks presently owns, or is currently tenant to an appropriate long-term lease of, the property on which the Mini Pitches will be built. An appropriate long-term lease shall mean a lease of at least ten (10) years in length following the date of this Agreement. (e) Prior to commencing installation of the Mini Pitches, Miami Parks will obtain, or shall assist (where necessary) in obtaining, all permits, authorizations and consents from third parties, including governmental entities, necessary for the installation and construction of the Mini Pitches. (f) All employees, agents, servants, partners, principals, volunteers, and subcontractors of Foundation who work in direct contact with children, tine elderly, or individuals with disabilities or who may come into direct contact with children, the elderly, or individuals with disabilities at the Park must complete a Level 2 background screening that complies with its requirements prior to attending Programs or Special Events, as described above in this Agreement. Level 2 Background screenings must be completed through the Florida Department of Law Enforcement (FDLE) VECHS (Volunteer & Employee Criminal History System) Program. Satisfactory background screening documentation will be accepted from those entities that already conduct business with the Department of Children and Families (DCF), the Department of Juvenile Justice (DJJ), Department of Elder Affairs (DOER) or the Miami Dade County Public School System (MDCPS). A clearance letter from the MDCPS Office of Professional Standards indicating the person has successfully completed a Level 2 screening will be accepted. If background screenings are completed with VECHS, then the Foundation shall complete Attachment C "Affidavit of Level 2 Background Screenings," attached and incorporated herein, for each Agreement term. The Foundation is required to annually review The Dru Sjodin National Sex Offender Public Website. 3. Facts and Representations True and Correct: Miami Parks hereby affirms the representations made in conversations and communications with Foundation are true and correct and that Foundation may rely upon the truth and correctness of the representations made in all conversations and communications regarding this Mini Pitch Project, without further independent investigation. Miami Parks further affirms that it has not omitted any material facts, the knowledge of which would adversely impact the awarding of the Mini Pitches to Miami Parks, Miami Parks avows that no adverse events have occurred since the latest communication which have materially and adversely altered the truth or reliability of the Mini Pitch Project, including the tax status of Miami Parks, Miami Parks agrees to immediately inform the Foundation within five (5) business days of any material change, in Miami Parks or the Mini Pitch Project, which might affect any terms of this Agreement. Foundation hereby affirms the representations made in conversations and communications with Miami Parks are true and correct and that Miami Parks may rely upon the truth and correctness of the representations made in all conversations and communications regarding this Mini Pitch Project, without further independent investigation. Foundation further affirms that it has not omitted any material facts, the knowledge of which would adversely impact the awarding of the Mini Pitches to Miami Parks, Foundation avows that no adverse events have occurred since the latest communication which have materially and adversely altered the truth or reliability of the Mini Pitch Project, including the tax status -2- of Foundation, Foundation agrees to immediately inform the Miami Parks within five (5) business days of any material change, in Foundation or the Mini Pitch Project, which might affect any terms of this Agreement. 4. Boobs and Records: a. Miami Parks agrees to maintain sufficient operating and Financial books, records and related documentation regarding the activities of Miami Parks and other evidence sufficient for Foundation to satisfy its fiduciary, public and governmental responsibilities and duties. Foundation shall have reasonable access to the books and records of Miami Parks for inspection purposes and shall be entitled to copies, as they relate to this Agreement and the Mini Pitch Project. Foundation agrees to maintain sufficient operating and financial books, records and related documentation regarding the activities of Foundation and other evidence sufficient for Miami Parks to satisfy its fiduciary, public and governmental responsibilities and duties. Miami Parks shall have reasonable access to the books and records of Foundation for inspection purposes and shall be entitled to copies, as they relate to this Agreement and the Mini Pitch Project. 5. Mini Pitch Reports: (a) Impact Reports: Following completion of the Mini Pitches, Miami Parks, through itself or local program operator(s), shall provide to Foundation a report, produced and distributed by the Foundation, describing the impact of the Mini Pitches. Such report shall be submitted to Foundation within thirty (30) days of receipt of the report form, distributed annually for three (3) years after completion of the Mini Pitches. This report shall include photographs of the Mini Pitches in use by youth soccer players and provide information on play space usage rates, stories of impact on the community, and any other information reasonably requested by Foundation. (b) Site Visits: With thirty (30) days written notice, Miami Parks will use its best efforts to accommodate any representative of Foundation, or of Foundation's funders, who requests to conduct a site visit, at the sole cost of Foundation or its funders, for the purposes of collecting information about the Mini Pitch Project's impact. (c) Photographs/Videos/Stories/Testimonials: In addition to submitting digital photographs, videos, stories and testimonials relating to the Mini Pitch Project in the aforementioned Status Reports, the Miami Parks shall submit the same to the Foundation upon request by the Foundation, including before and after photographs, both in daytime and at night, of the Mini Pitches site area. 6. Publicity Material and Recognition: (a) The Foundation shall have the right to publicize, show photographs of, and use the name of the Mini Pitches in order to promote its contributions that are described in this Agreement in any and all media. Miami Parks authorizes the Foundation to utilize those logo or logos, owned or controlled by Miami Parks and associated with the Mini Pitch Project, for related marketing and/or publicity; any use of such logo must be specifically approved in writing in advance by Miami Parks, whose approval will not be unreasonably withheld. (b) Miami Parks agrees to assist and cooperate in a mutually acceptable dedication event, should the Foundation request such, which may include appearances by athletes affiliated with the -3- Foundation. In order to assist Miami Parks, the Foundation will provide copies of the Foundation's logo(s) and a standard press release for Miami Parks to share with local media. (c) Foundation will provide to Miami Parks the following material in order to assist in complying with the marketing and publicity requirements under this Agreement: A color copy of Foundation logo. Any use of such logo must be specifically approved in writing in advance by Foundation. A standard press release for Miami Parks to distribute to local media. Awareness Opportunities: Miami Parks grants to Foundation the right to permanently place Foundation's trademark, trade na►ne or any design/logo owned or controlled by Foundation (each, a "Mark" and together, the "Marks"), and that of its funding partners, on a sign at the site of each completed Mini Pitch. Additionally, Miami Parks grants to the Foundation the right to temporarily place Foundation's Marks, and the Marks of its finding partners, on the surface of each Mini Pitch, as well as on windscreens attached to fences at each Mini Pitch. Unless Foundation chooses to forego the right, standard Marks will be included during installation of the Mini Pitches, per the rendering found in Attachment A, attached and incorporated herein. All marks, temporary and permanent, will abide by Miami Parks regulations, including time limits in temporary Marks. Each Mark will remain at the site of the Mini Pitches for as long as local regulations allow, unless removed by Foundation or unless Foundation otherwise gives its written consent to the removal of such Mark. Notwithstanding the previous sentence, Foundation acknowledges that they have no expectation that any and all Marks will remain past the Three Year Period, and should Miami Parks remove or materially modify the Mini Pitches after the Three Year Period, Miami Parks will not require written consent from Foundation to remove such Mark(s). Additionally, Miami Parks will allow Foundation to install wind screens and/or banners on the premises on which the Mini Pitches are built, per the rendering found in Attachment A, in order to promote and recognize local Miami community artists. 8. Mini Pitch Project Not Assignable: Mini Pitch Project is intended solely for the benefit of Miami Parks. No benefit of the Mini Pitch Project may be delegated, assigned or otherwise transferred without the advance, written consent of Foundation, which consent shall be in the sole and absolute discretion of Foundation. 9. Total FundinE: In no event shall Miami Parks be liable to Foundation for any monetary compensation, or pay for any direct, indirect, consequential or incidental damages, unless damages were caused by Miami Parks' willful misconduct or recklessness. 10. Proper Authority: Each of the parties and its officers represent and warrant that they are authorized to enter into this Agreement and execute the same without further authority. Foundation shall install the Mini Pitches in a manner deemed satisfactory to the City and in conformity with City Commission Resolution adopted on , as set forth in Attachment C. It. Absence of Warranties: FOUNDATION MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO ANY MATTER INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR OTHERWISE RELATING TO THE MINI PITCHES OR ANY COMPONENT PART THEREOF, OR ANY OTHER ENTITIES AND THEIR ASSOCIATED SERVICES. -4- 12. Assumption of Risk: During the installation process, as defined below, the Foundation will assume all risks and liabilities in regard to the safety and condition of the Mini Pitches. Once the installation of the Mini Pitches is complete, Foundation will notify Miami Parks in writing ("Notification") of the completion of the Mini Pitches' construction. From the time that Miami Parks receives Foundation's Notification, Miami Parks will have fifteen (15) days to inspect the Mini Pitches ("Inspection Period") to ensure that their condition is safe and usable. In the event that, in Miami Parks' sole and absolute discretion, Miami Parks' Inspection Period reveals that the condition of the Mini Pitches to be unsafe or unusable, then Miami Parks will send a written message to the Foundation notifying the Foundation of the specific issues with the Mini Pitches; from the time that Foundation receives the "written message" it will have sixty (60) days to make the necessary corrections, at no cost to the City, thereby addressing Miami Parks' concerns ("Necessary Corrections"). In the event that Miami Parks' Inspection Period reveals that the condition of the Mini Pitches is unsafe or unusable, the hnspection Period will be suspended until Miami Parks receives a written Notification from Foundation that the Necessary Corrections have been successfully remedied, at which point the 15 -day Inspection Period will restart. Once Miami Parks is satisfied that the Mini Pitches are safe and usable, Miami Parks will send written communication on Official City of Miami letterhead ("Written Communication") notifying the Foundation of the satisfactory completion of the Mini Pitch's installation. Once Foundation receives the Written Communication, that will signify Miami Parks agreeing to assume all risks and liabilities associated with the use, operation, maintenance, safety and condition of the Mini Pitches. The "installation process" begins when Foundation's pre -construction activities commence. The "installation process" ends when the Foundation receives the Written Communication. 13. Insurance Requirements: (a) Insurance Requirements of the Mini Pitches. Miami Parks is self-insured in accordance and subject to the limitations as set forth in Section 768.28 of the Florida Statutes. (b) Foundation shall furnish Miami Parks with a certificate of insurance in accordance to Attachment D, attached and incorporated herein. 14. Participant Waiver and Release Forms: To the extent that Miami Parks requires participants in its programs or others who use the Mini Pitches to sign waiver and release forms, Miami Parks shall include the Foundation and the Foundation Parties as released parties in the form. 15. Use of Mark., Notwithstanding anything in this Agreement to the contrary, in the event Miami Parks desires to use a Mark (as described in Section 7) owned or controlled by Foundation in a manner consistent with this Agreement, Miami. Parks shall first submit a sample of the concept of the proposed use to Foundation for prior written approval, which approval may be withheld in the sole discretion of Foundation. Any such use by Miami Parks shall create no rights for Miami Parks in or to the Mark. Each Mark shall remain at all times the sole and exclusive intellectual property of Foundation, and Foundation shall have the right, from time to time, to request samples of use from which it may determine compliance with these terms and conditions. Notwithstanding any provision of this Agreement to the contrary, Foundation reserves, in its sole and absolute discretion, the right to prohibit use of its Marks. 16. Third Party Beneficiaries: It is expressly agreed and by this statement specifically intended by the parties that nothing within this Agreement shall be construed. as indicating any intent by either parry to benefit any other entity or person not a party signatory to this Agreement by any provision or to entitle any such third party to any right of action on account hereof. 17. Notices: Any notices or communications given under this Agreement must be made in writing (a) if to Foundation, at the address of Foundation as hereinbelow set forth or at such other address as Foundation may designate by notice, or (b) if to Miami Parks, at the address of Miami Parks as hereinbelow set forth or at such other address as Miami Parks may designate by notice. -5- a.) Foundation: U.S. Soccer Foundation Attn: Rob Kaler 1140 Connecticut Ave. NW, Suite 1200 Washington, DC 20036 b.) Miami Parks: City of Miami Department of Parks & Recreation Attn: Kevin Kirwin 444 SW 2" Avenue, 8"' Floor Miami, Florida 33130 Copy to: City Attorney City of Miami 444 SW 2nd Avenue, Suite 945 Miami, Florida 33130 18. Entire Agreement, Modifications: This Agreement contains the entire agreement between Foundation and Miami Parks and cannot be changed, modified, amended, waived or canceled except by an agreement in writing and executed by each of the parties hereto. 19. Governing Law and Venue: This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. Any controversies or legal problems arising out of the terms of this Agreement and any action involving the enforcement or interpretation of any rights hereunder shall be submitted to the jurisdiction of the state courts of the Eleventh Judicial Circuit, in and for, Miami -Dade County, Florida. The Parties agree to bear their own attorney's fees, costs, and other expenses, and to irrevocably waive any rights to a jury trial. Miami Parks represents to Foundation that the Mini Pitches do not violate any applicable law, regulation, ordinance, lease, or otherwise violate the rights of any person or entity. 20. Counterparts: This Agreement may be executed in one or more counterparts each of which shall be deemed an original but all of which together shall constitute one and the same instrument. 21. Public records: Foundation understands that the public shall have access, at all reasonable times, to all documents and information pertaining to Miami Parks Agreements, subject to the provisions of Chapter 119, Florida Statutes, and agrees to allow access by Miami Parks and the public to all documents subject to disclosure under applicable laws. Foundation's failure or refusal to comply with the provisions of this section shall result in the immediate cancellation of this Agreement by the City. The Foundation shall specifically require all sub -contractors to comply with this paragraph. To the extent Foundation is acting on behalf of the Miami Parks as specified in subsection 119.0701(1)(A), Florida Statues, Foundation shall additionally comply with Section 119.070 1, Florida Statutes, including without limitation: (1) keep and maintain public records required by the Miami Parks to perform the service under this Agreement; (2) upon request from the Miami Parks' custodian of public records, provide the Miami Parks with a copy of the requested records or allow the records to be inspected within a reasonable time at a cost that does not exceed the cost provided for in Chapter 119, or otherwise provided by law; (3) ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Agreement term and following completion of the Agreement if Foundation does not transfer the records to the Miami Parks; (4) provide to the Miami Parks all electronically stored public records, upon request from the Miami Parks' custodian of public records, in a format compatible with the Miami Parks' information technology systems; and (5) upon completion of the Agreement, transfer, at no cost, to the Miami Parks all public records in possession of Foundation or keep and maintain public records required by the Miami Parks to perform the service. If Foundation transfers all public records to the Miami Parks upon completion of the Agreement, Foundation shall destroy any duplicate public records that are exempt or confidential and exempt from disclosure requirements. If Foundation keeps and maintains public records upon completion of the Agreement, Foundation shall meet all applicable requirements for retaining public records. Upon completion of the Agreement, transfer, at no cost, to the Miami Parks all public records in possession of the Foundation or keep and maintain public records required by the Miami Parks to perform the service. If the Foundation transfers all public records to the Miami Parks upon completion of the Agreement, the Foundation shall destroy any duplicate public records that are exempt or confidential and exempt from disclosure requirements. If the Foundation keeps and maintains public records upon completion of the Agreement, the Foundation shall meet all applicable requirements for retaining public records. Notwithstanding the foregoing, Foundation shall be permitted to retain any public records that make up part of its work product solely as required for archival purposes, as required by law, or to evidence compliance with the terms of the Agreement. Should Foundation determine to dispute any public access provision required by Florida Statutes, then Foundation shall do so at its own expense and at no cost to the Miami Parks. IF FOUNDATION AS THE CONTRACTOR UNDER THIS AGREEMENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO FOUNDATION'S DUTY AS THE CONTRACTOR'S TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT AS A PUBLIC CONTRACT, PLEASE CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS AT TELEPHONE NUMBER 305-416-1800, EMAIL: Pub] icRecordsi miami�ov.com, AND MAILING ADDRESS: PUBLIC RECORDS C/O OFFICE OF THE CITY ATTORNEY, 9TH FLOOR, MIAMI RIVERSIDE CENTER, 444 S.W. 2ND AVENUE, MIAMI, FLORIDA 33130 OR TO THE CITY'S PARKS AND RECREATION DEPARTMENT CUSTODIAN OF RECORDS AT 8TH-' FLOOR, MIAMI RIVERSIDE CENTER, 444 S.W. 2ND AVENUE, MIAMI, FLORIDA 33130. 22. Federal Tax batters Relating To Tax -Exempt Financing: The Foundation acknowledges that it is advised by the Miami Parks that property of the Miami Parks used under this Agreement may have been financed with tax-exempt bonds issued for the benefit of the Miami Parks. Accordingly, it is the intent of the Foundation and the Miami Parks that this Agreement be interpreted in a manner that meets an exception from "private business use" under Section 141 of the Internal Revenue Code, and specifically meets a safe harbor from private business use tinder Internal Revenue Service Rev. Proc. 2017-13. The Foundation agrees that it is not entitled to and will not take any tax position that is inconsistent with being a service provider to the Miami Parks with respect to the property provided by the Miami Parks that is managed or otherwise used under this Agreement. For example, the Foundation agrees not to claim any depreciation or amortization deduction, investment tax credit, or deduction for any payment as rent with respect to the property provided by the Miami Parks that is managed or otherwise used under this Agreement. The Foundation specifically acknowledges and agrees that this Agreement is not a lease, and provides for no rights of any kind to the Foundation as a lessee. 23. Severability: Invalidation of one of the provisions of this Agreement by judgment of Court or Alternative Dispute Resolution Mechanism shall not affect any of the other provisions of this Agreement, which shall remain in full force and effect. [Signatures begin on the following pages] -7- IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized signatories as of the date first above written. CITY OF MIAMI, A Florida Municipal UNITED STATES SOCCER FEDERATION Corporation FOUNDATION, INC., a Delaware Non -Profit Corporation By: By: Emilio T. Gonzalez, City Manger Attest: Attest: By: By:; Todd Hannon, City Cleric Name: Approved as to Form and Correctness: Title: 01 Victoria Mendez, City Attorney Approved as to Insurance Requirements: By: Ann -Marie Sharpe, Dir, of Risk Management Approved as to Program Requirements By: Kevin Kirwin, Dir. of Parks and Recreation -8- Ed Foster -Simeon, President & CEO ATTACHMENT C Affidavit of Level 2 Background Screenings In accordance with Section 943.0542 and Chapters 430, 435 and 39 of the Florida Statutes, as applicable, and pursuant to the requirements of Paragraph R of this Agreement entitled "Staff and Volunteer Background Check Requirements", the undersigned affiant makes the following statement under oath and under penalty of pe1ju1y, which is a first degree misdemeanor, punishable by a definite term of imprisonment not to exceed one year and/or a fine not to exceed $1,000, pursuant to Sections 837.012 and 775.082, Florida Statutes. STATE OF FLORIDA COUNTY OF MIAMI -DADS Before me, the undersigned authority, personally appeared title Authorized Programming Partner Representative of who being by me first duly sworn, deposes and says: I swear and affirm that the above-named contracted Programming Partner is compliant with the requirements for personnel background screening detailed in Section 943.0542 and Chapters 430, 435 and 39 of the Florida Statutes, as applicable, for all personnel having direct contact with children, the elderly, or individuals with disabilities. (Signature of CEO/Executive Director/HR Director) Date Sworn to and subscribed before me at Miami -Dade County, Florida this _ day of , 20 by Who is personally known to me Who produced identification: Signature of Notary Public State of Florida at Large Print, type or stamp name of notary public My Commission Expires: Type of identification -11- ATTACHMENT D INSURANCE REQUIREMENTS - MINI PITCH PARTNERSHIP AGREEMENT Commercial General Liability A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence $1,000,000 General Aggregate Limit $2,000,000 Personal and Adv. Injury $1,000,000 Products/Completed Operations $1,000,000 B. Covered Exposures and Endorsements City of Miami included as an additional insured Primary and Non Contributory Endorsement Contingent and Contractual Liability Premises and Operations Sexual Abuse and Molestation Coverage II. Business Automobile Liability A. Limits of Liability Bodily Injury and Property Damage Liability Combined Single Limit Any Auto Including Hired, Borrowed or Non -Owned Autos Any One Accident $300,000 B. Endorsements Required City of Miami included as an additional insured III. Worker's Compensation Limits of Liability Statutory -State of Florida Waiver of Subrogation Employer's Liability A. Limits of Liability $100,000 for bodily injury caused by an accident, each accident $100,000 for bodily injury caused by disease, each employee $500,000 for bodily injury caused by disease, policy limit IV. Professional/Error's & Omissions Liability ( IF APPLICABLE) Combined Single Limit Each Claim $ 250,000 General Aggregate Limit $250,000 -12- Retro Date Included V. Accident/Medical Coverage (IF APPLICABLE) $25,000 The above policies shall provide the City of Miami with written notice of cancellation or material change from the insurer not less than (30) days prior to any such cancellation or material change. Companies authorized to do business in the State of Florida, with the following qualifications, shall issue all insurance policies required above: The company must be rated no less than "A" as to management, and no less than "Class V" as to Financial Strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and /or certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. -13-