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25674
AGREEMENT INFORMATION AGREEMENT NUMBER 25674 NAME/TYPE OF AGREEMENT BELAFONTE TACOLCY CENTER INCORPORATED DESCRIPTION PROGRAMMING PARTNERSHIP AGREEMENT/PARK PROGRAMMING SERVICES/FILE ID: 17245/R-25- 0090/MATTER I D : 21-2938 EFFECTIVE DATE ATTESTED BY TODD B. HANNON ATTESTED DATE 7/22/2025 DATE RECEIVED FROM ISSUING DEPT. 7/23/2025 NOTE DOCUSIGN AGREEMENT BY EMAIL CITY OF MIAMI DOCUMENT ROUTING FORM ORIGINATING DEPARTMENT: Parks and Recreation DEPT. CONTACT PERSON: Rafaella Aleixo EXT. 1314 NAME OF CONTRACTUAL PARTY/ENTITY: Belafonte TACOLCY Center, Inc. IS THIS AGREEMENT TO BE EXPEDITED/RUSH ® YES NO TOTAL CONTRACT AMOUNT: $ $100, 675.00 FUNDING INVOLVED? DYES NO TYPE OF AGREEMENT: ❑ MANAGEMENT AGREEMENT ❑ PROFESSIONAL SERVICES AGREEMENT ❑ GRANT AGREEMENT ❑ EXPERT CONSULTANT AGREEMENT ❑ LICENSE AGREEMENT OTHER: (PLEASE SPECIFY: Program Parternership Agreement ❑ PUBLIC WORKS AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ INTER -LOCAL AGREEMENT ❑ LEASE AGREEMENT ❑ PURCHASE OR SALE AGREEMENT PURPOSE OF ITEM (DETAILED SUMMARY/ADD ADDITIONAL PAGES IF NECESSARY) COMMISSION APPROVAL DATE: 03 / 13 /2025 FILE ID: 17245 ENACTMENT NO: R-25-0090 IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN: ROUTING INFORMATION Date PLEASE PRINT AND SIGN APPROVAL BY DEPARTMENTAL DIRECTOR 7/2/25 PRINT: Lacleveia Morley SIGNATURE: G 9tl,�7 SUBMITTED TO RISK MANAGEMENT July 15, 202 51311- 6:OF9r: 6'4' ' �DocuSignetl by. SIGNATURE: Fro& aw(,-) SUBMITTED TO CITY ATTORNEY July 16, 2025 PRINT: GEOR EK.S YSONG III GKw 1 12:43:30 EDT SIGNATURE: r—ta,r� �D e Ris64 III APPROVAL BY ASSISTANT CITY MANAGER July 18, 20� INN Bar:bia5 D'FCernndez 5P� -1': 51:15 EDT g e.by SIGNATURE 13ara, fta,y APPROVAL BY DEPUTY CITY MANAGER July 21, 2025 PRINT: NATA IATOLEBROOK-WILLIAMS 1 12:14:58 EDT 111, SIGNATURE: N,x„1tlC444..4It4,„, RECEIVED BY CITY MANAGER July 21, 2025P E14:11kk5 isiORiEGA, V �DocsD.etlby. SIGNATURE: anitu r hbvicy, SUBMITTED TO THE CITY CLERK July 22, 2025p liII ' : 9 N'NON �Do.S,D.etlby SIGNATURE: c; -E _ PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE EXECUTION BY THE CITY MANAGER PROGRAMIVHNG PARTNERSHIP AGREEMENT BETWEEN THE CITY OF MIAMI, FLORIDA AND BELAFONTE TACOLCY CENTER THIS AGREEMENT ("Agreement") is between the City of Miami, a Florida municipal corporation, hereafter "City", whose address is 444 Southwest 2nd Avenue, Miami, Florida 33130 and Belafonte TACOLCY Center Incorporated, a Florida Not -For -Profit Corporation, hereafter "Programming Partner", whose address is 6161 NW 9 Ave, Miami, FL 33127. In consideration of the mutual covenants herein, the City and Programming Partner (sometimes hereafter referred to as "Parties") agree as follows: A. EFFECTIVE TERM The effective term of this Agreement shall be from October 1, 2024 through September 30, 2039 ("Initial Term"), as may be renewed pursuant to Section B below, and subject to funding availability and the Programming Partner's performance (together with the Additional Term defined below, the "Term"). B. TERMS OF RENEWAL This Agreement may be extended for an additional term to be negotiated between Programming Partner and the City Manager, which renewal shall be subject to City Commission approval (hereinafter the "Additional Term"), by mutual agreement of the parties, upon such terms and conditions as may be agreed to by the Parties, which may include, but are not limited to, renegotiation of the financial terms of this Agreement. If the Programming Partner desires to extend this Agreement for an Additional Term, the Programming Partner must deliver written notice of its intent to the City Manager not earlier than one (1) year and not later than six (6) months prior to the expiration date of the Term (the "Option Request"). The City Manager, in his/her sole discretion, shall either seek City Commission approval to extend the Agreement or reject the Option Request within 90 days of receipt of the Option Request. The City Manager's failure to act shall be deemed a rejection of the Option Request. In determining whether to renew this Agreement, the City, in its sole discretion and in accordance with Miami City Commission authorization, will consider, but is not limited to, the following factors: 1. Programming Partner meeting the performance requirements specified in this Agreement. 2. Continued demonstrated and documented need for the programming funded. 3. Program performance, fiscal performance, and compliance by the Programming Partner that is deemed satisfactory in the City's sole discretion. 4. The availability of funds. 5. If applicable, the City in its sole discretion will initiate re -negotiation of this Agreement before the agreement initial term expires. 6. The Programming Partner's performance under any other agreement with the City. 7. The Programming Partner's Annual Plan approved by the Director of the City's Department of Parks and Recreation ("Director"). Before the City may contemplate whether it will renew this Agreement, the Programming Partner must first submit updated documents for the City's approval. The aforementioned updated documents are: scope of services, budget, copy of subcontracts (if applicable), floorplan/use of space/schedule of activities, proof of fidelity bond insurance (if applicable), proof of worker's compensation insurance (if applicable), proof of comprehensive general liability insurance, proof of automobile liability insurance (if applicable), proof of professional liability insurance (if applicable), proof of property coverage (if applicable), proof of tax status, proof of staff level 2 background screenings (for staff listed in the budget, and for all persons interacting with children, the elderly, or persons with disabilities), affidavit of level 2 background screenings, a summary of the work completed in the previous year, and any/all other documents that the City deems necessary. The City agrees to not unreasonably delay review of the renewal request. Page 1 of 19 C. SCOPE OF SERVICES 1. The Programming Partner agrees to render programming at the City -owned Belafonte Tacolcy Center, located at 6161 NW 9 Avenue, Miami, FL (the "Property") in accordance with the Scope of Services, Attachment A, hereafter "Programming," to this Agreement. The Programming Partner shall implement the Programming in a manner deemed satisfactory to the City and in conformity with City Commission Resolution R-25-0090, adopted on March 13, 2025, as set forth in Attachment H (the "Resolution"). Any modification to the Programming shall not be effective until approved, in writing, by the City and the Programming Partner. 2. The Programing activities and performance measures, as well as complete and accurate data and Programming information will be used in the evaluation of the Programming Partner's overall performance. 3. The Programming Partner agrees that all funding provided by the City, pursuant to this Agreement will be used exclusively for Programming in and for the benefit of City and Miami -Dade County residents. D. TOTAL FUNDING Subject to the availability of funds, and budgetary approval, the maximum annual amount payable for Programming rendered under this Agreement shall not exceed $100,675.00. The Programming Partner agrees that should available funding from the City be reduced, the amount payable under this Agreement will be reduced at the sole discretion of the City. The Programming Partner agrees to adhere to Attachment B of this Agreement: Other Fiscal Requirements, Budget and Method of Payment. The Parties acknowledge that Attachment I, titled Services Authorization Letter, if applicable, whose terms are incorporated herein in their entirety, has been implemented and that the criteria found therein has been completed, and therefore the Programming Partner has been compensated in accordance with Attachment I for the services rendered during the Term of this Agreement. E. FISCAL MANAGEMENT 1. Double Billing and Payments Programming Partner costs or earnings claimed under this Agreement may not also be claimed under any other agreement, contract or grant from the City or, unless such claim is denied by the City, from any other agency. Any claim for double payment by the Programming Partner shall be a material breach of this Agreement. 2. No Supplanting of Existing Public Funds City funding may not be used as a substitute for existing resources or for resources that would otherwise be available for Programming, or to replace funding previously provided by, and currently available from, local, state, and federal funding sources for the same purpose. A violation of this section by the Programming Partner shall be considered a material breach of this Agreement. 3. Purchasing and Capital Equipment The Programming Partner shall use its best efforts to obtain all supplies and equipment for use under this Agreement at the lowest practical costs and shall solicit three (3) bids for the purchase of capital equipment. The three (3) bids shall accompany all requests for payment. All capital equipment acquired by the Programming Partner equal to or greater than five hundred dollars ($500.00), and reimbursed by the City, shall first be approved by the City in writing prior to purchase. All capital equipment acquired by the Programming Partner using City funds shall be the property of the City and are to be inventoried as such. The Programming Partner shall establish and maintain a capital equipment control system, which shall include a property record listing the description, model, serial number, date of acquisition, and cost. All capital equipment shall be inventoried semi-annually, with an inventory report provided to the City. The Programming Partner shall permit City staff access to the capital equipment for the purpose of performing inventory monitoring. The Programming Partner shall reimburse the City for any and all damage or destruction to capital equipment purchased using City funds that is not fully depreciated. Any or all such qualifying capital equipment shall be returned to the City, or its designee(s) upon request. Should Page 2 of 19 this Agreement be subject to termination or early cancellation, the City shall immediately acquire possession of all reimbursed capital equipment that is not fully depreciated. The Programming Partner shall not dispose of real or personal property purchased with City funds through sale, loan, lease, or relocation without receiving prior written approval of the City Manager. The Programming Partner is to maintain proof of Property Coverage in accordance with the insurance requirements prescribed in Section K and Attachment F of this Agreement. 4. Facility Maintenance a. Costs The Programming Partner agrees to pay all costs resulting from or in connection with the running of their program at the Property. These costs include, but are not limited to, electricity, water, cooling and heating, telecommunications, internet, sewage, reasonable wear and tear of the Property and surrounding areas, waste collection, and routine janitorial services. If a third party uses the Property during the duration of this Agreement, and as a result, Programming Partner is unable to differentiate between the costs incurred by Programming Partner and the third party, then Programming Partner agrees to assume that expense unless it provides sufficient documentation to the Director of the City's Parks and Recreation Department. Subject to the provisions of subsection 5 below pertaining to subcontractors and provided the documentation is determined to be acceptable in writing, the Director will authorize Programming Partner to pay their prorated share of the cost for the aforementioned third -party expense. b. City Maintenance and Repairs The City may, at its sole cost and expense, provide for exterior capital maintenance, including preventive maintenance, repairs and replacements, a necessary, to the Property and any structural portions of any buildings and grounds, installed that is permanently attached or furnished by the City. In no event shall the City be required to undergo such maintenance or repairs. In the event such maintenance and repair becomes necessary in whole or in part due to: (i) the misuse, act, neglect, fault or omission of the Programming Partner, or its employees, agents, representatives, contractors, guests or invitees; (ii) any damage occasioned by the failure of the Programming Partner to perform or comply with any terms, conditions, or covenants of this Agreement; (iii) any structural alterations or improvements required by Programming Partner's use and occupancy of the Property, the Programming Partner shall pay to the City the entire cost of such maintenance, repair or alteration within thirty (30) days after receipt of written notice. c. Preventive Maintenance and Services: The City may, at its sole cost and expense, provide exterior preventive maintenance, maintenance and services, excluding those repair obligations assumed by the Programming Partner and required for use of the Property. The City's exterior maintenance may include, but is not limited to, the items listed below. In no event shall the City be required to undergo such maintenance or repairs. i. Grounds services including lawn, shrub, and tree maintenance and removal of any rubbish or obstructions from the Property; ii. Maintenance and repair of the basketball courts including resurfacing, subject to available funding; iii. Exterior Water and sewer facilities such as water main lines; iv. Garbage and trash disposal as required; v. Painting of exterior of building, including caulking of all window and door frames; d. Programming Partner Maintenance and Repairs: The Programming Partner shall be required, at its sole cost and expense, to provide all interior property Page 3 of 19 maintenance, repairs and replacements during the Term including, without limitation, any nonstructural portions of the building; the security, plumbing, electrical, heating, and air conditioning systems and equipment; all doors, floor coverings, interior walls, ceilings, decoration (e.g., carpeting, painting, wall coverings, drapes and other window treatments, refinishing, etc.), and all fixtures and equipment therein, excluding only those repair obligations assumed above. Programming Partner shall not commit, or suffer to be committed, any waste in or upon the Property or do anything in or on the Facility which, in the City's sole opinion, detracts from the appearance of the Facility. All maintenance, repairs and replacements shall be performed to the satisfaction of the City. e. Preventative Maintenance and Services: The Programming Partner shall, at its sole cost and expense, provide all preventive maintenance, maintenance and services required for use of the Property including, but not limited to, the following: i. Cleaning and janitorial services for the interior of the Property; ii. Annual inspection of the heating, ventilation, and air conditioning including freon and coils, and changing of filters as required for the comfortable use and occupation of the Facility; iii. Electric current for normal use and light; iv. Interior and exterior window cleaning for the Property to be performed as needed but no less than once every one hundred and eighty (180) days; v. Vermin and pest control, as necessary, but no less than once every sixty (60) days; vi. Painting of interior of building, including caulking of all interior window and door frames; vii. Daily pick-up of litter for the exterior of the Property. The Programming Partner shall, at all times, be responsible for the condition of the Property, and shall perform repairs required in a timely manner so as to prevent injury to persons and waste to the Property. 5. Assignments and Subcontracts The Programming Partner shall not assign this Agreement to another party. The Programming Partner shall not subcontract any Programming under this Agreement without written prior approval from the City Manager in the City's sole and absolute discretion. In any subcontract that may be authorized by the City Manager, the Programming Partner shall incorporate appropriate language from this Agreement into each subcontract and shall require each subcontractor providing Programming to be governed by the terms and conditions of this Agreement. The Programming Partner shall submit to the City a copy of each subcontract to this Agreement within thirty (30) days of the subcontract's execution. All subcontractors are subject to monitoring by the Programming Partner and/or the City, in the same manner as the Programming Partner under the terms of this Agreement. The Programming Partner acknowledges and agrees that the City and any subcontractor to this Agreement have authority to communicate and exchange information about any agreement, program, and/or fiscal issues. The Programming Partner waives any and all claims, demands, and/or legal action based upon any such communications. The Programming Partner shall be responsible for all Programming performed, and all expenses incurred, under this Agreement, including Programming provided and expenses incurred by or as a result of any and all subcontractors. The City shall not be liable to any subcontractor for any reimbursable expenses or liabilities incurred under any subcontract. The Programming Partner shall be solely liable for any expenses or liabilities incurred under any subcontract. The Programming Partner shall hold harmless, indemnify, and defend, at the Programming Partner's expense, the City against any claims, demands or actions related to any subcontract. Page 4 of 19 The City shall not provide funds to any subcontractor unless specifically agreed to in writing by the City Manager with due authority and with notification to the Programming Partner. All payments to any contracted subcontractor shall be paid directly by the Programming Partner to the subcontractor. The City reserves the right to require verification from the Programming Partner and/or subcontractor of payment due for satisfactory work performed by the subcontractor. The Programming Partner and any subcontractor must be currently qualified to conduct business in the State of Florida and must have the required licenses and permits required to do business in the City at the time that a subcontractor agreement is entered into and Programming is rendered. 6. Religious Purposes The Programming Partner and/or their faith -based community partners shall not use any funds provided under this Agreement to support any inherently religious activities, including but not limited to, any religious instruction, worship, proselytization, publicity or marketing materials. Any such use by the Programming Partner shall be a material breach of this Agreement. 7. Lobbying The Programming Partner shall not use any funds provided under this Agreement or any other funds provided by the City for lobbying any federal, state or local government or legislators. Any such use by the Programming Partner shall be a material breach of this Agreement. 8. Adverse Action or Proceeding The Programming Partner shall not use any funds under this Agreement, or any other funds provided by the City, for any legal fees, or for any action or proceeding against the City, its agents, employees or officials. Any such use by the Programming Partner shall be a material breach of this Agreement. 9. Compliance The Programming Partner agrees to maintain and ensure its compliance, as applicable, with federal, state, county, and local laws. This includes, but is not limited to, maintaining an active status in good standing as a Florida Not -For -Profit Corporation, adherence to IRS rules and regulations requiring timely filing of tax documents to maintain tax-exempt status, as well as IRS rules and regulations, and other grant funded ongoing compliance requirements, pertaining to the use of City parks and recreation facilities. 10. Anti -Human Trafficking The Programming Partner confirms and certifies that it is not in violation of Section 787.06, Florida Statutes, and that it does not and shall not use "coercion" for labor or services as defined in Florida Statute, 787.06. The Programming Partner shall execute and submit to the City an Affidavit, of even date herewith, in compliance with F.S. 787.06(13), attached an incorporated herein as Attachment E. If the Programming Partner fails to comply with the terms of this Section the City may suspend or terminate this Agreement, immediately without prior notice, and in no event shall the City be liable to Programming Partner for any additional compensation or for any consequential or incidental damages. Violation of any federal, state and local law, rule, or regulation shall be grounds for immediate termination of this Agreement by City. F. INDEMNIFICATION BY PROGRAMMING PARTNER The Programming Partner shall indemnify, hold/save harmless, release, and defend at its own costs and expense, the City, its officials, and employees from claims (collectively referred to as "Indemnitees") and each of them from and against all loss, costs, penalties, fines, damages, claims, expenses, or liabilities (collectively referred to as "Liabilities") by reason of any injury to or death of any person or damage to or destruction or loss of any property arising out of, resulting from, or in connection with (i) the negligent performance or non-performance, of the Services contemplated by this Agreement (whether active or passive), of the Programming Partner or its employees or subcontractors (collectively referred to as "The Programming Partner") which is directly caused, in whole or in part, Page 5 of 19 by any act, omission, default or negligence (whether active or passive or in strict liability) of the Indemnitees, or any of them, or (ii) the failure of the Programming Partner to comply materially with any of the requirements herein, or (iii) the failure of the Programming Partner to conform to statutes, ordinances, or other regulations or requirements of any governmental authority, local, federal or state, in connection with the performance of this Agreement even if it is alleged that the City, its officials and/or employees were negligent. The Programming Partner expressly agrees to indemnify, hold/ save harmless, release, and defend at its own costs and expense, the Indemnitees, or any of them, from and against all liabilities which may be asserted by an employee or former employee of the Programming Partner, or any of its subcontractors, as provided above, for which the Programming Partner's liability to such employee or former employee would otherwise be limited to payments under state Workers' Compensation or similar laws. The Programming Partner further agrees to indemnify, hold/ save harmless, release, and defend at its own costs and expense, the Indemnitees from and against (i) any and all Liabilities imposed on account of the violation of any law, ordinance, order, rule, regulation, condition, or requirement, related directly to the Programming Partner's negligent performance under this Agreement, compliance with which is left by this Agreement to the Programming Partner, and (ii) any and all claims, and/or suits for labor and materials furnished by the Programming Partner or utilized in the performance of this Agreement or otherwise. The Programming Partner's obligations to indemnify, hold/save harmless, release, and defend at its own costs and expense, the Indemnitees shall survive the termination/expiration of this Agreement. The Programming Partner understands and agrees that any and all liabilities regarding the use of any subcontractor for Services related to this Agreement shall be borne solely by the Programming Partner throughout the duration of this Agreement and that this provision shall survive the termination or expiration of this Agreement, as applicable. G. COPYRIGHTS AND RIGHT TO DATA/MATERIALS Where activities supported by this Agreement produce original writing, data, sound recordings, pictorial reproductions, drawings or other graphic representations and works of similar nature, the City has a license to reasonably use, duplicate and disclose such materials in whole or in part in a manner consistent with the purposes and terms of this Agreement, and to have others acting on behalf of the City to do so, provided that such use does not compromise the validity of any copyright, trademark or patent. If the data/materials so developed are subject to copyright, trademark or patent, legal title and every right, interest, claim or demand of any kind in and to any patent, trademark or copyright, or application for the same, will vest in the Programming Partner or with any applicable third party who has licensed or otherwise permitted the Programming Partner to use the same. The Programming Partner agrees to allow the City and others acting on behalf of the City to have reasonable use of the same consistent with the purposes and terms of this Agreement, at no cost to the City, provided that such use does not compromise the validity of such copyright, trademark or patent. Notwithstanding any language contained herein to the contrary, in no event shall Programming Partner be authorized, or allow any of its employees, subcontractors, or agents, to utilize the City's logo, which is prohibited pursuant to Section 1-16 of the City Code of Ordinances. H. OWNERSHIP AND LICENSING OF INTELLECTUAL PROPERTY This Agreement is subject to the provisions, limitations and exceptions of Chapter 119, Florida Statutes, regarding public records. Accordingly, to the extent permitted by Chapter 119, Florida Statutes, the Programming Partner retains sole ownership of intellectual property developed under this Agreement. The Programming Partner is responsible for payment of required licensing fees if intellectual property owned by other parties is incorporated by the Programming Partner into the services required under this Agreement. Such licensing should be in the exclusive name of the Programming Partner. Payment for any licensing fees or costs arising from the use of others' intellectual property shall be at the sole expense of the Programming Partner. The Programming Partner shall indemnify, hold/ save harmless, release, and defend the City from liability of any nature or kind, including costs and expenses for or on account of third -party allegations that use of any intellectual property owned by the third party and provided, manufactured or used by the Programming Partner in the performance of this Agreement violates the intellectual property rights of that third party. Page 6 of 19 I. BREACH OF CONTRACT AND REMEDIES 1. Breach A material breach by the Programming Partner shall have occurred under this Agreement if the Programming Partner through action or omission does or causes any of the following: a. Fails to comply with Background Screening, as required under this Agreement; b. Fails to provide the Programming outlined in the Scope of Services (Attachment A) within the effective term of this Agreement; c. Fails to correct an imminent safety concern or take acceptable corrective action; d. Ineffectively or improperly uses the City's funds allocated under this Agreement; e. Does not furnish and maintain the certificates of insurance required by this Agreement or as determined by the City; f. Does not meet or satisfy the conditions of award required by this Agreement; g. Fails to submit, or submits incorrect or incomplete proof of expenditures to support disbursement requests or advance funding disbursements; or, fails to submit, or submits incomplete or incorrect, detailed reports of requests for payment, expenditures or final expenditure reports, included, but not limited to budgets, invoices, receipts, and amendments; h. Does not submit or submits incomplete or incorrect required reports pursuant to the Scope of Services (Attachment A), as well as elsewhere in this Agreement; i. Refuses to allow the City access to records or refuses to allow the City to monitor, evaluate and review the Programming Partner's program on site; j. Fails to comply incident reporting requirements; k. Attempts to meet its obligations under this Agreement through fraud, misrepresentation or material misstatement; 1. Fails to correct deficiencies found during a monitoring, evaluation or review within a specified reasonable time; m. Fails to meet the terms and conditions of any obligation or repayment schedule to the City or any of its agencies; n. Fails to maintain the confidentiality of participant files, pursuant to Florida and federal laws; and o. Fails to fulfill in a timely and proper manner any of its obligations, covenants, contracts and stipulations in this Agreement. p. Fails to allow audit of its operations or inspection of its program locations funded by the City. Sections 18-100 to 18-102 of the City Code dealing with Audits and Inspections are deemed as being incorporated by reference herein and apply to this Agreement as Supplemental Terms. Waiver of breach of any provisions of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. 2. Remedies If the Programming Partner fails to cure any breach of this Agreement within thirty (30) days after receiving written notice from the City identifying the breach, the City may pursue any or all of the following remedies: a. The City may, at its sole discretion, enter into a written performance improvement plan with the Programming Partner to cure any breach of this Agreement as may be permissible under state or federal law. Any such remedial plan shall be an addition to this Agreement and shall not affect or render void or voidable any other provision contained in this Agreement, costs, or any judgments entered by a court of Page 7 of 19 appropriate jurisdiction. b. The City may suspend payment in whole or in part under this Agreement by providing written notice of suspension to the Programming Partner and specifying the effective date of suspension, at least five (5) business days before the effective date of suspension. On the effective date of suspension, the Programming Partner may (but shall not be obligated to) continue to perform the Programming in this Agreement, but the Programming Partner shall promptly cease using the City's logo, seal and/or any other reference to the City in connection with such Services, and shall promptly return, to the City, such logos, seals, and other items provided by the City. All payments to the Programming Partner as of the date of suspension shall cease, except that the City shall continue to review and pay verifiable requests for payment for Programming that was performed and/or for deliverables that were substantially completed prior to the effective date of such suspension. The City may also suspend any payments in whole or in part under any other agreements entered into between the City and the Programming Partner by providing separate written notices to the Programming Partner of each such suspension and specifying the effective date of suspension, which must be at least five (5) business days before the effective date of such suspension, in any event the City shall continue to review and pay verifiable requests for payment as provided for in such other agreements for services that were performed and/or for deliverables that were substantially completed prior to the effective date of such suspension. The Programming Partner shall be responsible for their direct and indirect costs associated with such suspension including its own attorney's fees. c. The City may terminate this Agreement by giving written notice to the Programming Partner of such termination and specifying the date of termination at least five (5) business days before the effective date of termination. In the event of such termination, the City may (a) request the Programming Partner to deliver to the City clear and legible copies of all finished or unfinished documents, studies, surveys, reports prepared and secured by the Programming Partner with City funds under this Agreement subject to the rights of the Programming Partner as provided for herein; (b) seek reimbursement of any City funds which have been improperly paid to the Programming Partner under this Agreement; (c) terminate further payment of City funds to the Programming Partner under this Agreement, except that the City shall continue to review and pay verifiable requests for payment for Programming that was performed and/or deliverables that were substantially completed prior to the effective date of such termination; and/or (d) terminate or cancel, without cause, any other agreements entered into between the City and the Programming Partner by providing separate written notices to the Programming Partner of each such termination and specifying the effective date of termination, which must be at least five (5) business days before the effective date of such termination, in which event the City shall continue to review and pay verifiable requests for payment as provided for in such other agreements for services that were performed and/or for deliverables that were substantially completed prior to the effective date of such termination. The Programming Partner shall be responsible for their direct and indirect costs associated with such termination, including their own attorney's fees. Prior to the effective date of termination, the Programming Partner shall promptly cease using the City's logo, seal and/or any other reference to the City in connection with such Services, and shall promptly return, to the City, such logos, seals, and other items provided by the City. d. The City may seek enforcement of this Agreement including but not limited to filing an action with a court of appropriate jurisdiction. In the event litigation, arbitration, or mediation, between the parties hereto, arises out of the terms of this Agreement, each party shall be responsible for its own attorney's Page 8 of 19 fees, costs, charges, and expenses through the conclusion of all appellate proceedings, and including any final settlement or judgment. e. The provisions of this Section I shall survive the expiration or termination of this Agreement. J. TERMINATION The City retains the right to terminate this Agreement and any renewal/extension hereof at any time, for convenience, at -will, at its sole discretion, and without penalty to the City. In that event, the City shall give written notice of termination, as set forth in Section I above, to Programming Partner, who shall be paid for Programming performed prior to the date of its receipt of the notice of termination. In no case, however, shall the City pay Programming Partner an amount in excess of the total authorized annual sum provided by this Agreement, pursuant to the Resolution. It is hereby understood, by and between the City and Programming Partner, that any payment made, in accordance with this Section, to Programming Partner shall be made only if Programming Partner is not in default under the terms of this Agreement and/or under the terms of any extension/renewal, if applicable. If Programming Partner is in default, then the City shall in no way be obligated, and shall not pay to Programming Partner any sum whatsoever. K. INSURANCE REQUIREMENTS Prior to, or on the execution date of this Agreement, the Programming Partner shall provide the City's Risk Management Department original Certificates of Insurance in accordance with the requirements set forth in Attachment F. Failure by the Programing Partner to comply with Section K and Attachment F of this Agreement shall be a material breach of this Agreement. The City will not disburse any funds under this Agreement until all required Certificates of Insurance have been provided to and have been approved by the City. 1. Certificate Holder Certificate holder must read: The City of Miami, Florida C/o Risk Management Department 444 S.W. 2nd Avenue, 9th Floor Miami, Florida 33130 And Belafonte Tacolcy Center, Inc. 6161NW9Ave Miami, FL 33127 2. Classification and Rating All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida, with the following qualifications: The company must be rated no less than "A-" as to management, and no less than "Class V" as the financial strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent, subject to the reasonable approval of the City. The Programming Partner and/or the Programming Partner's insurance agent, as applicable, shall notify the City, in writing, of any material changes in insurance coverage, including, but not limited, to any renewals of existing insurance policies, not later than thirty (30) days prior to the effective date of making any material changes to the insurance coverage except for ten (10) days for lack of payment changes. The Programming Page 9 of 19 Partner shall be responsible for ensuring that all applicable insurances are maintained and submitted to the City for the duration of this Agreement. In the event of any change in the Programming Partner's Scope of Services (Attachment A), the City may increase, waive or modify, in writing any of the foregoing insurance requirements. Any request by the Programming Partner to decrease, waive or modify any of the foregoing insurance requirements shall be approved, in writing, by the City to any such decrease, waiver or modification. In the event that an insurance policy is canceled, lapsed or expired during the effective period of this Agreement, the City shall withhold all payments to the Programming Partner until a new Certificate of Insurance required under this Section is submitted and approved by the City. The new insurance policy shall cover the time period commencing from the date of cancellation of the prior insurance policy. The City may require the Programming Partner to furnish additional and different insurance coverage, or both, as may be required from time to time under applicable federal or state laws or the City requirements. Provision of insurance by the Programming Partner, in no instance, shall be deemed to be a release, limitation, or waiver of any claim, cause of action or assessment that the City may have against the Programming Partner for any liability of any nature related to performance under this Agreement or otherwise. All insurance required hereunder may be maintained by the Programming Partner pursuant to a master or blanket policy or policies of insurance. L. PROOF OF TAX STATUS The Programming Partner is required to keep on file the following documentation for review by the City: 1. The Internal Revenue Service (IRS) tax status determination letter, if applicable; 2. The most recent (two years) IRS form 990 or applicable tax return filing within six (6) months after the Programming Partner's fiscal year end or other appropriate filing period permitted by law; 3. IRS form 941: employer's quarterly federal tax return. If required by the City, the Programming Partner agrees to submit form 941 within thirty (30) calendar days after the quarter ends and if applicable, any state and federal unemployment tax filings. If form 941 and unemployment tax filings reflect a tax liability, then proof of payment must be submitted within sixty (60) calendar days after the quarter ends; and 4. Programing Partner's Articles of Incorporation, Charter and Bylaws, and amendments thereto, if any, certified by the Programming Partner's Secretary to be current, complete and correct. M. FEDERAL TAX MATTERS RELATING TO TAX-EXEMPT FINANCING The Programming Partner acknowledges that it is advised by the City that property of the City used under this Agreement may have been financed, or may in the future be financed, with tax-exempt bonds issued for the benefit of the City. Accordingly, it is the intent of the Programming Partner and the City 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 under Internal Revenue Service Rev. Proc. 2017-13. To the extent the City may wish to utilize tax-exempt bond funds or other restricted funding sources, the Programming Partner agrees to incorporate such amendments as reasonably necessary or convenient for the City to ensure compliance with all restrictions associated with the proposed funding sources. The Programming Partner agrees that it is not entitled to and will not take any tax position that is inconsistent with being a service provider to the City with respect to the property provided by the City that is managed or otherwise used under this Agreement. For example, the Programming Partner 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 City that is managed or otherwise used under this Agreement. The Programming Partner specifically Page l0 of 19 acknowledges and agrees that this Agreement is not a lease and provides for no rights of any kind to the Programming Partner as a lessee, nor otherwise provide Programming Partner with any interest in the underlying fee simple land. N. NOTICES All notices or other communication which shall or may be given pursuant to this Agreement shall be in writing, and shall be delivered by personal service or by registered mail to the other Party at the addresses indicated below. Such notice shall be deemed given on the day on which personally served or, if by registered mail, on the fifth (5) day after mailing or the date of actual receipt, whichever is earlier. It is each Party's responsibility to advise the other Party in writing of any changes in mailing address or personnel responsible for accepting Notices under this Agreement. CITY OF MIAMI City Manager City of Miami 3500 Pan American Drive Miami, Florida 33132 With copies to: Director of Parks and Recreation City of Miami 444 SW 2' Avenue, 8th Floor Miami, Florida 33130 City Attorney City of Miami 444 SW 2nd Avenue, Suite 945 Miami, Florida 33130 PROGRAMMING PARTNER Belafonte Tacolcy Center, Inc. 6161 NW 9 Ave Miami, Florida 33127 O. AUTONOMY The Parties agree that the Programming Partner and its employees, agents, servants, partners, principals and subcontractors are independent contractors, and not agents or employees of the City. They shall not attain any rights, status or benefits under the Civil Service or Pension Ordinances of the City, or any rights, status or benefits generally afforded classified or unclassified employees, temporary or permanent, by virtue of this Agreement. Further, the Programming Partner and its employees, agents, servants, partners, principals and subcontractors shall not be entitled to any of the Florida Worker's Compensation benefits, healthcare benefits, or Unemployment Compensation benefits, available to employees of the City. In the event this Agreement is terminated, with or without cause, neither the Programming Partner nor its employees, agents, servants, partners, principals and subcontractors shall have recourse to any City grievance or disciplinary procedures. Access to, and use of, City Parks and Recreation facilities does not alter the status of the Programming Partner and its employees, agents, servants, partners, principals and subcontractors as independent contractors. P. RECORDS, REPORTS, AUDITS AND MONITORING The provisions of this Section shall survive the expiration or termination of this Agreement, consistent with Florida laws. 1. Accounting Records The Programming Partner shall keep accounting records that conform to generally accepted accounting principles (GAAP). All such records will be retained by the Programming Partner for not less than three (3) years beyond the last date that all applicable terms of this Agreement have been complied with, final payment has been received, and program specific audits have been completed by the City. However, if any audit, claim, litigation, negotiation or other action involving this Agreement or modification hereto has commenced before the expiration of the retention period, then the records shall be retained until completion of the action Page 11 of 19 and resolution of all issues which arise from it, or until the end of the regular retention period, whichever is later. 2. Program Specific Audit City reserves the right to audit the records of the Programming Partner at any time during the performance of the Agreement, and for a period not less than three (3) years beyond the last date that all applicable terms of this Agreement have been complied with, and final payment has been received. The Programming Partner agrees to provide to the City all financial and other applicable records and documentation relevant to the Programming provided pursuant to this Agreement. All payments made to the Programming Partner are subject to reduction for overpayments on previously submitted receipts and/or invoices. 3. Access to Records The Programming Partner shall permit access to all records including subcontractor records, which relate to this Agreement at its place of business during regular business hours. The Programming Partner agrees to deliver such assistance as may be necessary to facilitate a review or audit by the City to ensure compliance with the terms of this Agreement. The City reserves the right to require the Programming Partner to submit to an audit by an auditor of the City's choosing and at the City's expense. 4. Monitoring The Programming Partner agrees to permit the City's personnel or contracted agents to perform random scheduled and/or unscheduled monitoring, reviews and evaluations of the Programming which is the subject of this Agreement, including any subcontracts under this Agreement. The City shall monitor both fiscal/administrative and programmatic compliance with all the terms and conditions of the Agreement. The Programming Partner shall permit the City to conduct site visits, participant interviews, participant assessment surveys, fiscal/administrative review and other assessments deemed reasonably necessary at the City's sole discretion to fulfill the monitoring function. A report of monitoring findings will be delivered to Programming Partner and the Programming Partner will remedy all deficiencies cited within the period of time specified in the report. 5. Participant Records The Programming Partner shall maintain a separate file for each program participant. This file shall include all pertinent information regarding program enrollment and participation. At a minimum, the file will contain enrollment information (including parent registration consents and child demographics), and notes documenting referrals, special needs, or incident reports. These files shall be subject to the monitoring/review and inspection requirements under this Agreement, subject to applicable confidentiality requirements. All such records will be retained by the Programming Partner for not less than three (3) calendar years after the program participant is no longer enrolled. The Programming Partner agrees to comply with all applicable state and federal laws on privacy and confidentiality. 6. Internal Documentation/Records Retention Programing Partner agrees to maintain and provide for inspection to the City, during regular business hours the following as may be applicable: (1) personnel files of employees which include hiring records, background screening affidavits, job descriptions, verification of education and evaluation procedures; (2) authorized time sheets, records and attendance sheets to document the staff time billed to provide Programming pursuant to this Agreement; (3) program participant consent and information release forms; (4) City policies and procedures; and (5) such other information related to Programming as described in Attachment A or as required by this Agreement. The Programming Partner shall retain all records for not less than three (3) years beyond the last date that all applicable terms of this Agreement have been complied with and final payment has been received, and program specific audits have been completed by the City. 7. Public Records Page 12 of 19 Programming Partner understands that the public shall have access, at all reasonable times, to all documents and information pertaining to the City, subject to the provisions of Chapter 119, Florida Statutes, and any specific exemptions there from, and Programming Partner agrees to allow access by the City and the public to all documents subject to disclosure under applicable law unless there is a specific exemption from such access. Programming Partner's failure or refusal to comply with the provisions of this Section shall result in immediate termination of the Agreement by the City. Pursuant to the provisions of Chapter 119.0701, Florida Statutes, Programming Partner must comply with the Florida Public Records Laws, specifically Programming Partner must: 1. Keep and maintain public records that ordinarily and necessarily would be required by the City in order to perform the service/Programming. 2. Provide the public with access to public records on the same terms and conditions that the City would provide the records and at a cost that does not exceed the cost provided in Chapter 119 or as 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. 4. Meet all requirements for retaining public records and transfer, at no cost to the City, all public records in possession of the Programming Partner upon termination of this Agreement and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. 5. All records stored electronically must be provided to the City in a format compatible with the information technology systems of the City. Programming Partner agrees that any of the obligations in this Section will survive the term, termination, and cancellation hereof. IF PROGRAMMING PARTNER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO PROGRAMMING PARTNER'S DUTY 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: PUBLICRECORDS@MIAMIGOV.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 THE CITY'S PARKS AND RECREATION DEPARTMENT CUSTODIAN OF RECORDS AT 8TH FLOOR, MIAMI RIVERSIDE CENTER, 444 S.W. 2ND AVENUE, MIAMI, FLORIDA 33130. Q. MODIFICATIONS Any amendments, alterations, variations, modifications, extensions or waivers to this Agreement including, but not limited to, amount payable and effective term shall only be valid when they have been reduced to writing, duly approved and signed by both Parties. Except for changes to the total amount payable and changes to the length of the effective term, the City Manager is authorized pursuant to the Resolution, to negotiate and execute all necessary amendments, extensions, renewals or modifications of this Agreement. Any changes to this Agreement to modify the total amount payable and/or to change the length of the effective term shall require further City Commission approval(s). R. GOVERNING LAW & VENUE Page 13 of 19 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. The Parties further agree to irrevocably waive any rights to a jury trial. S. STAFF AND VOLUNTEER BACKGROUND CHECK REQUIREMENTS All employees, agents, servants, partners, principals and subcontractors of the Programming Partner who work in direct contact with children, the elderly, or individuals with disabilities or who may come into direct contact with children, the elderly, or individuals with disabilities at the City Parks and Recreation facility listed in Scope of Services (Attachment A) must complete a Level 2 background screening that complies with its requirements prior to commencing work pursuant to this Agreement. This requirement also applies to all volunteers who provide services to children, the elderly, or individuals with disabilities regardless of the number of volunteer hours they provide. Occasional or transient repair or maintenance persons who appear on the site should be escorted to their work areas and then supervised during the time they are present to conduct their work. 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 Depaitiuent of Juvenile Justice (DJJ), Department of Elder Affairs (DOEA) 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 Programming Partner shall complete Attachment D "Affidavit of Level 2 Background Screenings" for each Agreement term. The Programming Partner shall re -screen each employee, agent, servant, partner, principal and subcontractor every five (5) years. All Programming Partners are required to review annually, at minimum, The Dru Sjodin National Sex Offender Public Website. T. PERSONS WITH DISABILITIES AND THEIR FAMILIES The Programming Partner understands that the City expects the Programming Partner to meet the federal standards under the Americans with Disabilities Act. By policy of the City, the Programming Partner's must also implement reasonable programmatic accommodations to include persons with disabilities and their families, whenever possible. Notwithstanding anything to the contrary, the Programming Partner shall not be required to make any alteration to any City park or recreation facility or other building or structure which is not owned by the Programming Partner. U. REGULATORY COMPLIANCE 1. Non -Discrimination and Civil Rights The Programming Partner shall not discriminate against an employee, volunteer, agent, servant, partner, principal, subcontractor or participant of the Programming Partner on the basis of race, color, gender, pregnancy, marital status, familial status, sexual orientation, religion, ancestry, national origin, disability, or age, except that programs may target services for specific target groups, as may be defined in the competitive solicitation, if applicable, or the Scope of Services (Attachment A). The Programming Partner shall demonstrate that it has standards, policies, and practices necessary to render programming in a manner that respects the worth of the individual and protects and preserves the dignity of people of diverse cultures, classes, races, religions, sexual orientation, ages, and ethnic backgrounds. The Programming Partner agrees to abide by Chapter 11A of the Code of Miami -Dade County ("County Code"), as amended, which prohibits discrimination in employment, housing and public accommodations; Title VII of the Civil Rights Act of 1968, as amended, which prohibits discrimination in employment and public accommodation; the Age Discrimination Act of 1975, 42 U.S.C. Section 6101, as amended, which Page 14 of 19 prohibits discrimination in employment because of age; Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, as amended, which prohibits discrimination on the basis of disability; and the Americans with Disabilities Act, 42 U.S.C. §12101 et seq., which prohibits discrimination in employment and public accommodations because of disability. It is expressly understood that upon receipt of evidence of discrimination under any of these laws, the City shall have the right to terminate all or any portion of this Agreement. If the Programming Partner or any owner, subsidiary, or other firm affiliated with or related to the Programming Partner, is found by the responsible enforcement agency or the courts to be in violation of these laws, said violation will be a material breach of this Agreement and the City will conduct no further business with the Programming Partner. 2. Conflict of Interest The Programming Partner represents that the execution of this Agreement does not violate the City's Conflict of Interest Code, Miami Dade County's Conflict of Interest and Code of Ethics Ordinance, and Florida Statutes § 112 as amended, which are incorporated herein by reference as if fully set forth herein. The Programming Partner agrees to abide by and be governed by these conflict of interest provisions throughout the course of this Agreement and in connection with its obligations hereunder. 3. Licensing The Programming Partner (and subcontractor, as applicable,) shall obtain and maintain in full force and effect during the term of this Agreement any and all licenses, certifications, approvals, insurances, permits and accreditations, required by the City, Miami -Dade County, State of Florida, or the Federal Government. The Programming Partner must be qualified and registered to do business in the State of Florida both prior to and during the Agreement term with the City. 4. Incident Reporting An incident is defined as any actual or alleged event or situation that creates a significant risk of substantial or serious harm to the physical or mental health, safety or well-being of a program participant. Reportable incidents include, but are not limited to, allegations of abuse, neglect or exploitation of a child, aged person or individual with a disability, injury of a program participant, loss of property used for the program, or destruction of property used in the program. The Programming Partner shall immediately report knowledge or reasonable suspicion of abuse, neglect, or abandonment of a child, aged person, or individual with a disability to the Florida Abuse Hotline on the statewide toll -free telephone number (1-800-96-ABUSE). As required by Chapters 39 and 415, Florida Statutes, this is binding upon both the Programming Partner and its employees, agents, servants, partners, principals and subcontractors. The Programming Partner shall notify the City of any incident as defined within three (3) days after the Programming Partner is informed of such incident. The Programming Partner shall provide written notification of the incident together with a copy of an incident report. The report must contain the following: a. Name of reporter (person giving the notice); b. Name and address of victim and guardian, if applicable; c. Phone number where the reporter can be contacted; d. Date, time, and location of incident; and e. Complete description of incident and injuries, if any. Police report and actions taken shall be submitted to the City within fifteen (15) days of the incident. The Programming Partner shall provide written notification to the City, within seven (7) days of any legal action related to the incident. Page 15 of 19 5. Sexual Harassment The Programming Partner shall complete an incident report in the event a program participant, employee, agent, servant, partner, principal or subcontractor makes an allegation of sexual harassment, sexual misconduct or sexual assault by another program participant, employee, agent, servant, partner, principal or subcontractor arising out of the performance of this Agreement and the Programming Partner has knowledge thereof. The Programming Partner shall provide written notification to the City within three (3) business days after the Programming Partner is informed of such an allegation. The Programming Partner shall provide written notification to the City, within seven (7) business days, if any legal action which is filed as a result of such an alleged incident. 6. Proof of Policies The Programming Partner and subcontractor, as applicable, shall keep on file copies of its policies including but not limited to confidentiality, incident reporting, sexual harassment, non-discrimination, equal opportunity and/or affirmative action, Americans with Disabilities Act, and drug -free workplace. V. CONSENT The Programming Partner must obtain parental/legal guardian consent for all minor program participants in order to participate. The Programming Partner will ask program participants to sign a voluntary Consent to Photograph form. The signed consent form for photography will be maintained and filed in the program participant's record. The consent shall be part of the program participants' registration form and signed by the program participant or parent/legal guardian, if applicable, before services commence or assessments are administered. Any refusal of consent must be properly documented and signed by the program participant or parent/legal guardian, if applicable, on the consent form. W. PROGRAMMING REPORTING REQUIREMENTS The Programming Partner shall submit to the City both financial and program reports. These reports shall describe the status of both the funds and Programming, fee schedules, comparison of actual accomplishments to the objectives set forth in the Scope of Services (Attachment A), or other information as required by the City. The specific requirements, reporting periods, and submission deadlines are described in Attachment C to this Agreement, Programming Reporting Requirements. X. PUBLICITY The Programming Partner agrees that activities, services and events funded by this Agreement shall recognize the City as a funding source. All publicity, public relations, advertisements and signs within the control of the Programming Partner must recognize the City for the support of all contracted activities and be reviewed and approved by the City prior to release or distribution. No press conference regarding the Programming being provided by the Programming Partner under this Agreement shall be scheduled without the prior written consent of the City. The Programming Partner shall use its best efforts to ensure that all media representatives, when inquiring with the Programming Partner about the activities funded by this Agreement, are informed that the City is a funding source. The Programming Partner shall, if it possesses the appropriate technology, provide a link between the website and the City's website. Y. PUBLICATIONS The Programming Partner agrees to supply the City, without charge, up to three copies of any publication developed in connection with implementation of programs addressed by this Agreement. Such publications will be reviewed and approved by the City prior to release or distribution and state that the program is supported and funded by the City. The Programming Partner agrees that the City will have use of copyrighted materials developed under this Agreement to the extent provided in, and subject to, the provisions of Sections G and H above. Page 16 of 19 Z. HEADINGS, USE OF SINGULAR AND GENDER Section headings are for convenience only and are not intended to expand or restrict the scope or substance of the provisions of this Agreement. Wherever used herein, the singular shall include the plural and plural shall include the singular, and pronouns shall be read as masculine, feminine or neuter as the context requires. AA. SUCCESSORS AND ASSIGNS This Agreement shall be binding upon the Parties hereto, and their respective heirs, executors, legal representatives, successors and assigns. BB. CERTIFICATION The Programming Partner certifies that it possesses the legal authority to enter into this Agreement by way of resolution, motion or other similar action that has been duly adopted or passed, as an official act of the Programming Partner's goveming body, including all understandings and assurances contained herein, and directing and authorizing the person(s) identified as the official representatives(s) of the Programming Partner, to act in connection with the Agreement, and to provide such additional information as may be required from time to time by the City. CC. ENTIRE AGREEMENT This instrument and its attachments as referenced below constitute the only Agreement of the Parties hereto, relating to said Programming and correctly sets forth the rights, duties, and obligations of each to the other, as of this date. No other Agreement, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or bind the Parties. If any provision of this Agreement is held invalid or void, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. DD. RESOLUTION OF AGREEMENT DISPUTES Programming Partner understands and agrees that all disputes between Programming Partner and the City based upon an alleged violation of the terms of this Agreement by the City shall be submitted to the City Manager for his/her resolution, prior to Programming Partner being entitled to seek judicial relief in connection therewith. In the event that the amount of compensation hereunder exceeds Twenty -Five Thousand Dollars and No/Cents ($25,000), the City Manager's decision shall be approved or disapproved by the City Commission. Programming Partner shall not be entitled to seek judicial relief unless: (i) it has first received City Manager's written decision, approved by the City Commission if the amount of compensation hereunder exceeds Twenty -Five Thousand Dollars and No/Cents ($25,000), or (ii) a period of sixty (60) days has expired, after submitting to the City Manager a detailed statement of the dispute, accompanied by all supporting documentation or ninety (90) days if City Manager's decision is subject to City Commission approval, or (iii) City has waived compliance with the procedure set forth in this Section by written instruments, signed by the City Manager. In no event may the amount of compensation under this Section exceed the total compensation set forth in Section D of this Agreement. EE. CONTINGENCY CLAUSE Funding for costs to be incurred by the City under this Agreement is contingent on the availability of funds and continued authorization for program activities and the Agreement is subject to amendment or termination at City's sole and absolute discretion due to lack of funds, reduction of funds, failure to allocate or appropriate funds, and/or change in applicable laws or regulations, upon thirty (30) days written notice. FF. ELECTRONIC SIGNATURES; COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute but one and the same Agreement. The parties shall be entitled to sign and transmit an electronic signature of this Agreement (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Agreement upon request. Page 17 of 19 GG. NO JOINT VENTURE; NONTRANSFERABLE This Agreement is nontransferable. This Agreement is intended to create, and creates, a contractual relationship and is not intended to create, and does not create, any agency, partnership, joint venture or any like relationship between the Parties hereto. "Programming Partner" is a term that identifies the entity contracting with the City and does not imply the establishment of a partnership under Federal, State, or local law. HH. ATTACHMENTS Attached hereto and incorporated herein are the following attachments: Attachment A: Scope of Services Attachment B: Other Fiscal Requirements, Budget, and Method of Payment Attachment C: Programming Reporting Requirements Attachment D: Affidavit for Level 2 Background Screenings, if applicable Attachment E: Anti -Human Trafficking Affidavit Attachment F: Insurance Requirements Attachment G: Corporate Resolution from Programming Partner Attachment H: City Resolution No. R-25-0090 Attachment I: Services Authorization Letter, as applicable [Remainder of page left intentionally blank. Next page is signature page.] Page 18 of 19 CITY OF MIAMI, A Florida Municipal Corporation Belafonte TACOLCY Center, a Florida Not -For - Profit Corporation DocuSigned by: 2vfLvi Navytia By: 50EFee 73DD42 By: iigntblxyga, V., City Manager Shownda Pagan, CEO Attest: By: DocuSigned by: €46D7366DGF1-459... Todd Hannon, City Clerk Approved as to Form and Correctness: DocuSigned by: 11i �Ds By: ,bV�t Risat l 1/ Matter 21-2938 George 7is. wysong III, City Attorney Approved as to Insurance Requirements: (—Signed by: By: V tta rtAii5 Interim Dir. oh7sitetaidagetant Approved as to Program Requirements Attest: By: Shownda Pagan Name: Title: CEO Signed by: By: LaCleveia Morley, nteriiri6Brector of Parks and Recreation Page 19 of 19 Attachment A Scope of Services Attached on the following pages Belafonte TACOLCY Center THE ADVISORY THE ADVISORY COMMITTEE OF LIBERTY CITY YOUTH Address. 6161 N.W. 9th Avenue, Miami, FL 33127 Phone. 305-751-1295 Scope of Services for The Belafonte TACOLCY Center The Belafonte TACOLCY Center is a cornerstone institution in Liberty City, Miami, offering holistic support to youth, families, and the broader community through a wide range of evidence -based programs and services. These programs foster academic success, social -emotional learning, leadership development, family stability, and community engagement. Below is a detailed overview of the services provided: Out of School Program - Future Legends (K-5th Grade) The Future Legends Out -of -School and Summer Enrichment Programs are designed to build literacy, promote physical fitness, and provide creative enrichment for children aged 5-14. Holmes Elementary, the Belafonte TACOLCY Center, and Charles R. Drew K-8 Center host the programs, making them accessible to families in the area. The program emphasizes academic and personal growth through activities such as: • Literacy Support: Incorporates evidence -based curricula like KidzLit, which uses engaging stories to foster reading comprehension, critical thinking, and empathy. • Physical Fitness: SPARK Fitness curriculum encourages healthy physical activity and motor skills. Fencing, martial arts, and swimming are also offered over the summer. • Homework Assistance: Dedicated time and support for completing assignments, reinforcing daily lessons learned in school. • Enrichment Activities: Offers a variety of stimulating experiences in art, crafts, music, science experiments, and technology. Care Coordination - WE CARE Program The WE CARE Program takes a comprehensive, family -centered approach to support and stabilize families by meeting them "where they are. • Assessment Tools: Utilizes the Child and Adolescent Needs and Strengths (CANS) assessment to identify the root causes of family or child -related concerns and develop tailored care plans that address their unique needs. • Henderson's Baby Closet: Avoucher-based program for new and expecting mothers that incentivizes prenatal and wellness care. Participants earn points for attending pre -natal appointments and health check-ups, which can be redeemed for essential baby items such as: o Diapers, clothes, shoes, and wipes o Baby food and formula o Large items like car seats, cribs, bassinets, and strollers • Chief Press Food Pantry: Provides non-perishable foods and protein (meats and fish) to individuals and families experiencing food insecurity, ensuring families have access to healthy and nutritious meals. 1 Club TACOLCY (Middle and High School Program) Club TACOLCY focuses on preparing middle and high school students for academic and professional success. Offered at B. Wright Leadership Academy (grades 5-8) and Miami Central High School (grades 9-12), the program equips students with resources and experiences to achieve their goals: • Academic Support: Homework help and targeted literacy and math activities to strengthen core academic skills. • Mentorship: Access to advocates who guide students through educational and life challenges. • College Readiness: SAT/ACT preparation courses and organized local and regional college tours to help students envision their futures. • Career Development: Paid summer internships provide hands-on work experience, building skills for future employment. • Enrichment: Workshops, leadership activities, and community service projects designed to build confidence and leadership capabilities. Family Village (Parenting Program) The Family Village Parenting Program is a supportive initiative using the Nurturing Parenting Program curriculum to empower families with the tools to build healthy, nurturing environments. • Parenting Education: Offers lessons on child development, positive discipline, and communication strategies to improve family dynamics. • Parent -Child Activities: Provides interactive opportunities for parents and children to strengthen relationships through parallel lessons and activities. • Support Networks: Creates a safe space for parents to connect, share experiences, and receive emotional support. Athletic Development Program TACOLCY's Athletic Development Program is an inclusive sports initiative to promote health, teamwork, and personal achievement for over 400 youth annually. • Sports Offered: Football, cheerleading, dance, lacrosse, basketball, and track and field. • Health and Wellness Focus: Emphasizes fitness, nutrition education, and mental resilience. • Leadership Opportunities: Encourages participants to build leadership and teamwork skills. Fab Lab (Innovation and Technology Center) The Fab Lab at TACOLCY is a cutting -edge makerspace where community members can gain hands-on experience with the latest in technology and innovation: • Workshops and Training: Offers sessions on programming, coding, and 3D printing, as well as drone operation and laser etching. • Microcredentials: In partnership with Florida International University (FIU), participants can earn microcredentials in various technology -related fields, enhancing their employability and skills in the digital economy. • Youth Innovation: Encourages students to develop STEM -related projects that foster creativity and problem -solving. 2 Community Engagement Initiatives TACOLCY offers multiple ways for individuals, families, and partners to engage with the community: • In -Kind Donations: Community members and organizations can contribute items such as school supplies, clothing, and sports equipment to support TACOLCY's programs. • Monetary Donations: Financial contributions help fund vital programs and create new opportunities for youth and families. • Service Projects: Community service days allow volunteers to participate in beautification projects, food distributions, and event support. • Partnerships: TACOLCY partners with local businesses, nonprofits, and government agencies to expand its reach and enhance its services. Pro -Social Events at The Belafonte TACOLCY Center The Belafonte TACOLCY Center hosts a variety of pro -social events designed to strengthen community bonds, celebrate milestones, and foster a sense of belonging. These events provide opportunities for participants to connect, give back, and engage in meaningful experiences that promote joy, resilience, and community pride. • Women and Girls Day: A day dedicated to empowering women and girls through workshops, mentorship, and activities that promote self-confidence and leadership. • Future Pathways Fair: A back -to -school celebration recognizing academic achievements and perfect attendance, featuring college, trade, and career exploration opportunities. • Winter Wonderland: A festive event that spreads holiday cheer, providing gifts for registered children and fun holiday-themed activities in partnership with community organizations. • Halloween Spooktacular / Fall Harvest Festival: A family -friendly celebration where children receive costumes and enjoy trick -or -treating, games, and fall-themed crafts. • Year of Gratitude: A Thanksgiving event where participants share a community meal, reflect on gratitude, and celebrate fellowship and support. The Belafonte TACOLCY Center remains a beacon of hope and opportunity for Liberty City, offering comprehensive programs that address educational disparities, promote family stability, and foster a sense of belonging and achievement. Each program is designed with the community's needs in mind, ensuring a holistic approach to individual and collective empowerment. 3 Attachment B Other Fiscal Requirements, Budget and Method of Payment The Parties agree that this is a cost reimbursement method of payment Agreement; Programming Partner shall be paid for Programming rendered in accordance with this Agreement in an amount not to exceed the total funding amount set forth in Section D. Programming Partner agrees to timely pay all its employees for the fulfillment of Programming provided in this Agreement. Invoice Requirements Every request by Programing Partner for payment for Programming provided, work performed, or costs incurred pursuant to this Agreement shall be accompanied by a request for payment in a format prescribed by the City, which at a minimum shall include sufficient supporting details, receipts and/or invoices, made in accordance with the schedule set forth in the Line -Item Budget ("Budget"), which is attached hereto and made a part hereof, as may be reasonably required by the City to allow proper audit of Programming Partner's expenses, should the City require an audit to be performed. Each request for payment shall be in writing and contain a statement declaring and affirming that all expenditures were made in accordance with the Budget. Each request for payment must also be in a line -item form, as reflected in the Budget. All documentation in support of a request for payment shall be subject to approval at the sole discretion of the City. All invoices submitted for reimbursement must be paid by the Programming Partner prior to being included as part of a request for payment. A request for reimbursement shall include the original receipt or invoice, plus a copy of the check that was issued to pay the same. Copies of canceled checks must be submitted to the City within sixty (60) days of payment of a receipt or invoice. Should a receipt or an invoice be paid by various funding sources, a copy of the receipt or invoice may be submitted but must indicate the exact amount paid by various funding sources that must equal the total of the receipt or invoice. No miscellaneous categories shall be accepted as a line - item in the Budget. Two (2) requests for line -item changes are allowable, with prior review and approval by the City. All line -item changes must be made on or before thirty (30) days prior to the end of the term of Agreement. The City agrees to reimburse on a monthly billing basis. The request for payment is due on or before the fifteenth (15th) day of the month following the month in which expenditures were incurred (exclusive of legal holidays or weekends). A final request for payment (last monthly invoice of the Agreement term) from Programming Partner will be accepted by the City up to thirty (30) days after the expiration of this Agreement. If Programming Partner fails to comply with the applicable deadlines, all rights to payment shall be forfeited for those receipts and/or invoices Programming Partner is seeking reimbursement for. The City reserves the right to request any supporting documentation. A request for payment provided hereunder shall be deemed to have been given if sent by hand delivery or recognized overnight courier, such as Federal Express, or if by certified U.S. mail with return receipt requested, addressed to the City of Miami Parks and Recreation Department, at the place specified below: Chris Evans, Director City of Miami Parks and Recreation Department 444 SW 2nd Avenue, 8th Floor Miami, FL 33130 If the City determines that the Programming Partner has been paid funds not in accordance with this Agreement, and to which it is not entitled, Programming Partner shall return such funds to the City within thirty (30) days of notification by the City. After thirty (30) days, the City may recapture amounts due to the City from this or any other applicable City agreement by reducing amounts requested to be reimbursed less the amount owed to the City. The City shall have the sole discretion in determining if the Programming Partner is entitled to such funds in accordance with this Agreement and the City's decision on this matter shall be binding. In the event that the Programming Partner discovers that an overpayment has been made, the Programming Partner shall repay said overpayment within thirty (30) calendar days without prior notification from the City. If the Programming Partner fails to utilize the funds in accordance with this Agreement, the City may amend this Agreement to reduce the amount of dollars. Any delay in amendment by the City is not deemed a waiver of the City's right to amend or seek reimbursement in accordance with this Agreement. In order for a request for payment to be deemed proper as defined by the Florida Prompt Payment Act, all requests for payment must comply with the requirements set forth in this Agreement and must be submitted on the forms as prescribed by the City. Requests for payment and/or documentation returned to the Programming Partner for corrections may be cause for delay in receipt of payment. Late submission may result in delay in receipt of payment. The City shall pay the Programming Partner within thirty (30) calendar days of receipt of the Programming Partner's properly submitted request for payment and/or other required documentation. The City may retain any payments due until all required reports, deliverables or monies owed to the City are submitted and accepted by the City. Supporting Documentation Requirements Programming Partner shall maintain original records documenting actual expenditures and Programming provided according to the Budget and scope of services as required. Supporting documentation shall be made available and provided to the City upon request. Programming Partner shall keep accurate and complete records of any fees collected, reimbursement, or compensation of any kind received from any client or other third party, for any Service covered by this Agreement, and shall make all such records available to the City upon request. Programming Partner shall maintain a cost allocation methodology that it uses to allocate its costs. Programming Partner shall use a cost allocation methodology which assures that the City is paying only its fair share of costs for services, overhead, and staffing not solely devoted to the program funded by this Agreement. Such methodology shall be made available to the City upon request. [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.] Attachment C Programmatic Performance and Data Reporting Requirements Programming Partner shall submit to the Department of Parks and Recreation performance measures as noted in the Scope of Service (Attachment A). Reporting includes electronic submission of quantity and outcome information, budget reports and quarterly reports. Failure to meet the minimum standards for performance will constitute a breach of contract, The City of Miami reserves the right in its sole discretion to determine remedies for such breach, including without limitation, terminating a contract, reducing funding (if applicable) commensurate with below -minimum performance, or imposing other remedies on Programming Partners below any minimum standard, including a performance improvement plan. Programming Partners will be required to provide the following: Quarterly Reports: Due the 15t1i of the month following the most recent quarter - October — December - January — March - April — June - July - September Consisting of: - Programmatic Activities — Summary to include goals of program - Number of children served - Any applicable current fee schedule or proposed for upcoming quarter - Outcomes from the programming and any performance measures - Highlights/Successes - Changes or Modifications to Program Plan - Upcoming Special Events - Any entities that are subcontracted as part of providing the program - Financial Report Year To Date ( Template to be provided) - Have there been any incidents or accidents during the last quarter to be reported? If so, how was the incident handled and what was the final resolution? Was the Park Manager notified? - Park Manager verification of physical contract compliance ( form to be developed) o Use of Space o Program Delivery Confirmation o Verification of participants of served o Entity is in good working relationship with staff and participants o No logged complaints or issues from public regarding the program o Inspection of area used for any maintenance or repairs completed o Overall Feedback - Budget Template as an additional attachment, based off of historical budget submitted A Programming Partner may be asked to supply additional information if deemed necessary by the City. Attachment D 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 perjury, 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-DADE Before me, the undersigned authority, personally appeared Shownda Pagan , Authorized Representative of Programming Partner Belafonte Tacolcy Center Incorporated 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 allpErsonnel having direct contact with children, the elderly, or individuals with disabilities. 06/27/2025 (Signature of Ai'[fhorized Representative) Date Sworn to and subscribed before me ❑ in person or ❑ via online notarization at Miami -Dade County, Florida this day of , 20 by Who is personally known to me Who produced identification: Type of identification Signature of Notary Public State of Florida at Large Print, type or stamp name of notary public My Commission Expires: Attachment E Anti -Human Trafficking Affidavit 1. The undersigned affirms, certifies, attests, and stipulates as follows: a. The entity/individual is a nongovernmental entity authorized to transact business in the State of Florida (hereinafter, "nongovernmental entity"). b. The nongovernmental entity is either executing, renewing, or extending a contract (including, but not limited to, any amendments, as applicable) with the City of Miami ("City") or one of its agencies, authorities, boards, trusts, or other City entity which constitutes a governmental entity as defined in Section 287.138(1), Florida Statutes (2024). c. The nongovernmental entity is not in violation of Section 787.06, Florida Statutes (2024), titled "Human Trafficking." d. The nongovernmental entity does not use "coercion" for labor or services as defined in Section 787.06, Florida Statutes (2024). 2. Under penalties of perjury, pursuant to Section 92.525, Florida Statutes, I declare the following: a. I have read and understand the foregoing Anti -Human Trafficking Affidavit and that the facts, statements and representations provided in Section 1 are true and correct. b. I am an officer, a representative, or individual of the nongovernmental entity authorized to execute this Anti -Human Trafficking Affidavit. FURTHER AFFIANT SAYETH NAUGHT. Nongovernmental Entity/Individual: Signature: Belafonte TACOLCY Center, Inc. Shownda Pagan CEO Name: Title: 6161 N.W. 9th Avenue, Miami, FL 33127 Office Address: Phone Number: (305) 751-1295 Email Address: spagan@tacolcy.org Attachment F Insurance Requirements INSURANCE REQUIREMENTS- PROGRAMMING AGREEMENT Name of Organization: Belafonte Tacolcy Center I. 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 IIL 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 Combined Single Limit Each Claim $250,000 General Aggregate Limit $250,000 Retro Date Included V Accident/Medical Coverage $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. A`GRLI CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 8(MM!DD4 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Wilson, Washburn & Forster Insurance 16505 NW 13th Ave Miami FL 33169 CONTACT NAME: PHONE FAX A/C, No, Ext): 305-666-6636 (A/C, No): 305-662-7778 E-MAIL ADDR ESS: certificates@wwfins.com INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: Philadelphia Indemnity Ins. Co 18058 INSURED BELAF-1 Belafonte-Tacolcy Center 6161 NW 9th Avenue Miami FL 33127 INSURERB: Tokio Marine Specialty Ins Co 23850 INSURERC: Progressive Express Ins. Co. 10193 INSURERD: United States Liability Ins Co 25895 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 385871826 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. 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 INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF (MMIDD/YYYY) POLICY EXP (MMIDD/YYYY) LIMITS B X COMMERCIAL GENERAL LIABILITY Y PPK2587613-011 8/1/2024 8/1/2025 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $ 100,000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L X AGGREGATE POLICY OTHER: LIMIT APPLIES PRO JECT PER: LOC GENERAL AGGREGATE $ 3,000,000 PRODUCTS - COMP/OP AGG $ 3,000,000 $ C AUTOMOBILE LIABILITY X SCHEDULED 02434526 8/1/2024 8/1/2025 COMBINED SINGLE LIMIT (Ea accident) $ 1 000 000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ A X UMBRELLA LIAB EXCESS LIAB X O OCCUR CLAIMS -MADE PHUB875717-011 8/1/2024 8/1/2025 EACH OCCURRENCE $ 2,000,000 AGGREGATE $ DED X RETENTION $ 10,000 $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N / A PER STATUTE OTH- ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ D Directors & Officers ND01068278M 8/1/2024 8/1/2025 Each Claim 1,000,000 Aggregate 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Professional Liability Pol#PPK2587613-011 - Philade phia Effective Dates:08/01/2024-08/01/2025 Limits: $1,000,000 Each Occ/$3,000,000 Aggregate Sexual/Physical Abuse Pol#PPK2587613-011 - Philadelphia Effective Dates:08/01/2024-08/01/2025 Limits: $1,000,000 Each Occ/$1,00,000 Aggregate See Attached... CERTIFICATE HOLDER CANCELLATION City of Miami , Parks and Recreation Department 444 SW 2nd Avenue Miami FL 33131 1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE A r „. ACORD 25 (2014/01) © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: BELAF-1 LOC #: ACORO� ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY Wilson, Washburn & Forster Insurance POLICY NUMBER CARRIER NAIC CODE NAMED INSURED Belafonte-Tacolcy Center 6161 NW 9th Avenue Miami FL 33127 EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE Accident Policy Pol#PHPA136107- Philadelphia Ins. Co. Effective Dates:08/01 /2024-08/01 /2025 Limits: Accident Medical Expense: $100,000 Accident Medical Expense Aggregate: No Aggregate Benefit Amount: 100% of Usual & Customary Charge Accident Dental Expense: Included in Medical Deductible: $0 Benefit Period: 52 Weeks Plan Type: Full Excess Accident Death: $25,000 Accidental Dismemberment & Paralysis: $50,000 AD&D and Paralysis Aggregate: $500,000 (per accident) Participant Accident Policy Pol#PHPC005897 - Philadelphia Ins. Co. Effective Dates:08/01 /2024-08/01 /2025 Limits: Accident Medical Expense: $1,000,000 Accident Death $10,000 Accident Dismemberment $10,000 Deductible: $100,00 Plan Type: Full Excess The City of Miami is added as an additional insured with respects to claims arising out of the operations of the named insured. Coverage is primary and non-contributory basis. ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Auto coverage schedule 1. 2006 Ford Econo/Club Wgn VIN: 1FBNE31L76HA72667 Policy number: 02434526-0 BELAFONTE-TACOLCY CENTER Paget of 2 Actual Cash Value (plus $2,000.00 Permanently Attached Equip) Garaging Zip Code: 33127 Radius: 50 Liability Liability UM/UIM BI PIP Med Pay Premium $4,780 $1,775 $606 $79 Comp Comp Collision Collision Physical Damage Deductible Premium Deductible Premium Auto Total Premium $1,000 $162 $1,000 $76 $7,478 2008 Chevrolet Express G3500 Actual Cash Value (plus $2,000.00 Permanently Attached Equip) VIN: 1GAHG39K381225466 Garaging Zip Code: 33127 Radius: 50 Liability Liability UM/UIM BI PIP Med Pay Premium $4,429 $1,775 $606 $83 Comp Comp Collision Collision Physical Damage Deductible Premium Deductible Premium Auto Total Premium $1,000 $173 $1,000 $96 $7,162 Premium discounts Policy 02434526-0 Vehicle Business Experience and Package 2006 Ford Econo/Club Wgn Air Bag and Anti -Lock Brakes 2008 Chevrolet Express G3500 Air Bag and Anti -Lock Brakes Additional Insured information 1 . Additional Insured THE CHILDREN'S TRUS 3150 SW 3RD AVE MIAMI, FL 33129 Agent signature /%4 Company officers Secretary Form 6489 FL (01/15) PI-GLD-HS (10/11) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY DELUXE ENDORSEMENT: HUMAN SERVICES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE It is understood and agreed that the following extensions only apply in the event that no other specific coverage for the indicated loss exposure is provided under this policy. If such specific coverage applies, the terms, conditions and limits of that coverage are the sole and exclusive coverage applicable under this policy, unless otherwise noted on this endorsement. The following is a summary of the Limits of Insurance and additional coverages provided by this endorsement. For complete details on specific coverages, consult the policy contract wording. Coverage Applicable Limit of Insurance Page # Extended Property Damage Included 2 Limited Rental Lease Agreement Contractual Liability $50,000 limit 2 Non -Owned Watercraft Less than 58 feet 2 Damage to Property You Own, Rent, or Occupy $30,000 limit 2 Damage to Premises Rented to You $1,000,000 3 H I PAA Clarification 4 Medical Payments $20,000 5 Medical Payments — Extended Reporting Period 3 years 5 Athletic Activities Amended 5 Supplementary Payments — Bail Bonds $5,000 5 Supplementary Payment — Loss of Earnings $1,000 per day 5 Employee Indemnification Defense Coverage $25,000 5 Key and Lock Replacement — Janitorial Services Client Coverage $10,000 limit 6 Additional Insured — Newly Acquired Time Period Amended 6 Additional Insured — Medical Directors and Administrators Included 7 Additional Insured — Managers and Supervisors (with Fellow Employee Coverage) Included 7 Additional Insured — Broadened Named Insured Included 7 Additional Insured — Funding Source Included 7 Additional Insured — Home Care Providers Included 7 Additional Insured — Managers, Landlords, or Lessors of Premises Included 7 Additional Insured — Lessor of Leased Equipment Included 7 Additional Insured — Grantor of Permits Included 8 Additional Insured — Vendor Included 8 Additional Insured — Franchisor Included 9 Additional Insured — When Required by Contract Included 9 Additional Insured — Owners, Lessees, or Contractors Included 9 Additional Insured — State or Political Subdivisions Included 10 Page 1 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. © 2011 Philadelphia Indemnity Insurance Company PI-GLD-HS (10/11) Duties in the Event of Occurrence, Claim or Suit Included 10 Unintentional Failure to Disclose Hazards Included 10 Transfer of Rights of Recovery Against Others To Us Clarification 10 Liberalization Included 11 Bodily Injury — includes Mental Anguish Included 11 Personal and Advertising Injury — includes Abuse of Process, Discrimination Included 11 A. Extended Property Damage SECTION I — COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions, Paragraph a. is deleted in its entirety and replaced by the following: a. Expected or Intended Injury "Bodily injury" or property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. B. Limited Rental Lease Agreement Contractual Liability SECTION I — COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions, Paragraph b. Contractual Liability is amended to include the following: (3) Based on the named insured's request at the time of claim, we agree to indemnify the named insured for their liability assumed in a contract or agreement regarding the rental or lease of a premises on behalf of their client, up to $50,000. This coverage extension only applies to rental lease agreements. This coverage is excess over any renter's liability insurance of the client. C. Non -Owned Watercraft SECTION I — COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions, Paragraph g. (2) is deleted in its entirety and replaced by the following: (2) A watercraft you do not own that is: (a) Less than 58 feet long; and (b) Not being used to carry persons or property for a charge; This provision applies to any person, who with your consent, either uses or is responsible for the use of a watercraft. This insurance is excess over any other valid and collectible insurance available to the insured whether primary, excess or contingent. D. Damage to Property You Own, Rent or Occupy SECTION I — COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE Page 2 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. © 2011 Philadelphia Indemnity Insurance Company PI-GLD-HS (10/11) LIABILITY, Subsection 2. Exclusions, Paragraph j. Damage to Property, Item (1) is deleted in its entirety and replaced with the following: (1) Property you own, rent, or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property, unless the damage to property is caused by your client, up to a $30,000 limit. A client is defined as a person under your direct care and supervision. E. Damage to Premises Rented to You 1. If damage by fire to premises rented to you is not otherwise excluded from this Coverage Part, the word "fire" is changed to "fire, lightning, explosion, smoke, or leakage from automatic fire protective systems" where it appears in: a. The last paragraph of SECTION I — COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions; is deleted in its entirety and replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke, or leakage from automatic fire protective systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in SECTION III — LIMITS OF INSURANCE. b. SECTION III — LIMITS OF INSURANCE, Paragraph 6. is deleted in its entirety and replaced by the following: Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, lightning, explosion, smoke, or leakage from automatic fire protective systems while rented to you or temporarily occupied by you with permission of the owner. c. SECTION V — DEFINITIONS, Paragraph 9.a., is deleted in its entirety and replaced by the following: 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, lightning, explosion, smoke, or leakage from automatic fire protective systems to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract"; 2. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, Subsection 4. Other Insurance, Paragraph b. Excess Insurance, (1) (a) (ii) is deleted in its entirety and replaced by the following: That is insurance for fire, lightning, explosion, smoke, or leakage from automatic fire protective systems for premises rented to you or temporarily occupied by you with permission of the owner; 3. The Damage To Premises Rented To You Limit section of the Declarations is amended to the greater of: Page 3 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. © 2011 Philadelphia Indemnity Insurance Company PI-GLD-HS (10/11) a. $1,000,000; or b. The amount shown in the Declarations as the Damage to Premises Rented to You Limit. This is the most we will pay for all damage proximately caused by the same event, whether such damage results from fire, lightning, explosion, smoke, or leaks from automatic fire protective systems or any combination thereof. F. HIPAA SECTION I — COVERAGES, COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY, is amended as follows: 1. Paragraph 1. Insuring Agreement is amended to include the following: We will pay those sums that the insured becomes legally obligated to pay as damages because of a "violation(s)" of the Health Insurance Portability and Accountability Act (HIPAA). We have the right and the duty to defend the insured against any "suit," "investigation," or "civil proceeding" seeking these damages. However, we will have no duty to defend the insured against any "suit" seeking damages, "investigation," or "civil proceeding" to which this insurance does not apply. 2. Paragraph 2. Exclusions is amended to include the following additional exclusions: This insurance does not apply to: a. Intentional, Willful, or Deliberate Violations Any willful, intentional, or deliberate "violation(s)" by any insured. b. Criminal Acts Any "violation" which results in any criminal penalties under the HIPAA. c. Other Remedies Any remedy other than monetary damages for penalties assessed. d. Compliance Reviews or Audits Any compliance reviews by the Department of Health and Human Services. 3. SECTION V — DEFINITIONS is amended to include the following additional definitions: a. "Civil proceeding" means an action by the Department of Health and Human Services (HHS) arising out of "violations." b. "Investigation" means an examination of an actual or alleged "violation(s)" by HHS. However, "investigation" does not include a Compliance Review. c. "Violation" means the actual or alleged failure to comply with the regulations included in the HIPAA. Page 4 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. © 2011 Philadelphia Indemnity Insurance Company PI-GLD-HS (10/11) G. Medical Payments — Limit Increased to $20,000, Extended Reporting Period If COVERAGE C MEDICAL PAYMENTS is not otherwise excluded from this Coverage Part: 1. The Medical Expense Limit is changed subject to all of the terms of SECTION III - LIMITS OF INSURANCE to the greater of: a. $20,000; or b. The Medical Expense Limit shown in the Declarations of this Coverage Part. 2. SECTION I — COVERAGE, COVERAGE C MEDICAL PAYMENTS, Subsection 1. Insuring Agreement, a. (3) (b) is deleted in its entirety and replaced by the following: (b) The expenses are incurred and reported to us within three years of the date of the accident. H. Athletic Activities SECTION I — COVERAGES, COVERAGE C MEDICAL PAYMENTS, Subsection 2. Exclusions, Paragraph e. Athletic Activities is deleted in its entirety and replaced with the following: e. Athletic Activities To a person injured while taking part in athletics. I. Supplementary Payments SECTION I — COVERAGES, SUPPLEMENTARY PAYMENTS - COVERAGE A AND B are amended as follows: 1. b. is deleted in its entirety and replaced by the following: 1. b. Up to $5000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these. 1.d. is deleted in its entirety and replaced by the following: 1. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $1,000 a day because of time off from work. J. Employee Indemnification Defense Coverage SECTION I — COVERAGES, SUPPLEMENTARY PAYMENTS — COVERAGES A AND B the following is added: We will pay, on your behalf, defense costs incurred by an "employee" in a criminal proceeding occurring in the course of employment. The most we will pay for any "employee" who is alleged to be directly involved in a criminal proceeding is $25,000 regardless of the numbers of "employees," claims or "suits" brought or persons or organizations making claims or bringing "suits. Page 5 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. © 2011 Philadelphia Indemnity Insurance Company PI-GLD-HS (10/11) K. Key and Lock Replacement — Janitorial Services Client Coverage SECTION I — COVERAGES, SUPPLEMENTARY PAYMENTS — COVERAGES A AND B is amended to include the following: We will pay for the cost to replace keys and locks at the "clients" premises due to theft or other loss to keys entrusted to you by your "client," up to a $10,000 limit per occurrence and $10,000 policy aggregate. We will not pay for loss or damage resulting from theft or any other dishonest or criminal act that you or any of your partners, members, officers, "employees", "managers", directors, trustees, authorized representatives or any one to whom you entrust the keys of a "client" for any purpose commit, whether acting alone or in collusion with other persons. The following, when used on this coverage, are defined as follows: a. "Client" means an individual, company or organization with whom you have a written contract or work order for your services for a described premises and have billed for your services. b. "Employee" means: (1) Any natural person: (a) While in your service or for 30 days after termination of service; (b) Who you compensate directly by salary, wages or commissions; and (c) Who you have the right to direct and control while performing services for you; or (2) Any natural person who is furnished temporarily to you: (a) To substitute for a permanent "employee" as defined in Paragraph (1) above, who is on leave; or (b) To meet seasonal or short-term workload conditions; while that person is subject to your direction and control and performing services for you. (3) "Employee" does not mean: (a) Any agent, broker, person leased to you by a labor leasing firm, factor, commission merchant, consignee, independent contractor or representative of the same general character; or (b) Any "manager," director or trustee except while performing acts coming within the scope of the usual duties of an "employee." c. "Manager" means a person serving in a directorial capacity for a limited liability company. L. Additional lnsureds SECTION II — WHO IS AN INSURED is amended as follows: 1. If coverage for newly acquired or formed organizations is not otherwise excluded from this Page 6 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. © 2011 Philadelphia Indemnity Insurance Company PI-GLD-HS (10/11) Coverage Part, Paragraph 3.a. is deleted in its entirely and replaced by the following: a. Coverage under this provision is afforded until the end of the policy period. 2. Each of the following is also an insured: a. Medical Directors and Administrators — Your medical directors and administrators, but only while acting within the scope of and during the course of their duties as such. Such duties do not include the furnishing or failure to furnish professional services of any physician or psychiatrist in the treatment of a patient. b. Managers and Supervisors — Your managers and supervisors are also insureds, but only with respect to their duties as your managers and supervisors. Managers and supervisors who are your "employees" are also insureds for "bodily injury" to a co - "employee" while in the course of his or her employment by you or performing duties related to the conduct of your business. This provision does not change Item 2.a.(1)(a) as it applies to managers of a limited liability company. c. Broadened Named Insured — Any organization and subsidiary thereof which you control and actively manage on the effective date of this Coverage Part. However, coverage does not apply to any organization or subsidiary not named in the Declarations as Named Insured, if they are also insured under another similar policy, but for its termination or the exhaustion of its limits of insurance. d. Funding Source — Any person or organization with respect to their liability arising out of: (1) Their financial control of you; or (2) Premises they own, maintain or control while you lease or occupy these premises. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization. e. Home Care Providers — At the first Named Insured's option, any person or organization under your direct supervision and control while providing for you private home respite or foster home care for the developmentally disabled. f. Managers, Landlords, or Lessors of Premises — Any person or organization with respect to their liability arising out of the ownership, maintenance or use of that part of the premises leased or rented to you subject to the following additional exclusions: g. This insurance does not apply to: (1) Any "occurrence" which takes place after you cease to be a tenant in that premises; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of that person or organization. Lessor of Leased Equipment — Automatic Status When Required in Lease Agreement With You — Any person or organization from whom you lease equipment when you and such person or organization have agreed in writing in a contract or agreement that such person or organization is to be added as an additional insured on your policy. Such person or Page 7 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. © 2011 Philadelphia Indemnity Insurance Company PI-GLD-HS (10/11) organization is an insured only with respect to liability for "bodily injury," "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person or organization. A person's or organization's status as an additional insured under this endorsement ends when their contract or agreement with you for such leased equipment ends. With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. h. Grantors of Permits — Any state or political subdivision granting you a permit in connection with your premises subject to the following additional provision: (1) This insurance applies only with respect to the following hazards for which the state or political subdivision has issued a permit in connection with the premises you own, rent or control and to which this insurance applies: (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners or decorations and similar exposures; (b) The construction, erection, or removal of elevators; or (c) The ownership, maintenance, or use of any elevators covered by this insurance. i. Vendors — Only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions: (1) The insurance afforded the vendor does not apply to: (a) "Bodily injury" or "property damage" for which the vendor 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 that the vendor would have in the absence of the contract or agreement; (b) Any express warranty unauthorized by you; (c) Any physical or chemical change in the product made intentionally by the vendor; (d) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; Page 8 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. © 2011 Philadelphia Indemnity Insurance Company PI-GLD-HS (10/11) (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (h) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (i) The exceptions contained in Sub -paragraphs (d) or (f); or (ii) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (2) This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing. j. Franchisor — Any person or organization with respect to their liability as the grantor of a franchise to you. k. As Required by Contract — Any person or organization where required by a written contract executed prior to the occurrence of a loss. Such person or organization is an additional insured for "bodily injury," "property damage" or "personal and advertising injury" but only for liability arising out of the negligence of the named insured. The limits of insurance applicable to these additional insureds are the lesser of the policy limits or those limits specified in a contract or agreement. These limits are included within and not in addition to the limits of insurance shown in the Declarations I. Owners, Lessees or Contractors — Any person or organization, but only with respect to liability for "bodily injury," "property damage" or "personal and advertising injury" caused, in whole or in part, by: (1) Your acts or omissions; or (2) The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured when required by a contract. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: (a) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (b) That portion of "your 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 a part of the same project. Page 9 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. © 2011 Philadelphia Indemnity Insurance Company PI-GLD-HS (10/11) m. State or Political Subdivisions — Any state or political subdivision as required, subject to the following provisions: (1) This insurance applies only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit, and is required by contract. (2) This insurance does not apply to: (a) "Bodily injury," "property damage" or "personal and advertising injury" arising out of operations performed for the state or municipality; or (b) "Bodily injury" or "property damage" included within the "products -completed operations hazard." M. Duties in the Event of Occurrence, Claim or Suit SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 2. is amended as follows: a. is amended to include: This condition applies only when the "occurrence" or offense is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; or (3) An executive officer or insurance manager, if you are a corporation. b. is amended to include: This condition will not be considered breached unless the breach occurs after such claim or "suit" is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; or (3) An executive officer or insurance manager, if you are a corporation. N. Unintentional Failure To Disclose Hazards SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, 6. Representations is amended to include the following: It is agreed that, based on our reliance on your representations as to existing hazards, if you should unintentionally fail to disclose all such hazards prior to the beginning of the policy period of this Coverage Part, we shall not deny coverage under this Coverage Part because of such failure. O. Transfer of Rights of Recovery Against Others To Us SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, 8. Transfer of Rights of Page 10 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. © 2011 Philadelphia Indemnity Insurance Company PI-GLD-HS (10/11) Recovery Against Others To Us is deleted in its entirety and replaced by the following: If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. Therefore, the insured can waive the insurer's rights of recovery prior to the occurrence of a loss, provided the waiver is made in a written contract. P. Liberalization SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, is amended to include the following: If we revise this endorsement to provide more coverage without additional premium charge, we will automatically provide the additional coverage to all endorsement holders as of the day the revision is effective in your state. Q. Bodily Injury — Mental Anguish SECTION V — DEFINITIONS, Paragraph 3. Is deleted in its entirety and replaced by the following: "Bodily injury" means: a. Bodily injury, sickness or disease sustained by a person, and includes mental anguish resulting from any of these; and b. Except for mental anguish, includes death resulting from the foregoing (Item a. above) at any time. R. Personal and Advertising Injury — Abuse of Process, Discrimination If COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY COVERAGE is not otherwise excluded from this Coverage Part, the definition of "personal and advertising injury" is amended as follows: 1. SECTION V — DEFINITIONS, Paragraph 14.b. is deleted in its entirety and replaced by the following: b. Malicious prosecution or abuse of process; 2. SECTION V — DEFINITIONS, Paragraph 14. is amended by adding the following: Discrimination based on race, color, religion, sex, age or national origin, except when: a. Done intentionally by or at the direction of, or with the knowledge or consent of: (1) Any insured; or (2) Any executive officer, director, stockholder, partner or member of the insured; b. Directly or indirectly related to the employment, former or prospective employment, termination of employment, or application for employment of any person or persons by an insured; Page 11 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. © 2011 Philadelphia Indemnity Insurance Company PI-GLD-HS (10/11) c. Directly or indirectly related to the sale, rental, lease or sublease or prospective sales, rental, lease or sub -lease of any room, dwelling or premises by or at the direction of any insured; or d. Insurance for such discrimination is prohibited by or held in violation of law, public policy, legislation, court decision or administrative ruling. The above does not apply to fines or penalties imposed because of discrimination. Page 12 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. © 2011 Philadelphia Indemnity Insurance Company PI-GL-005 (07/12) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED PRIMARY AND NON-CONTRIBUTORY INSURANCE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Effective Date: 08/01/2016 Name of Person or Organization (Additional Insured): City of Miami SECTION II — WHO IS AN INSURED is amended to include as an additional insured the person(s) or organization(s) shown in the endorsement Schedule, but only with respect to liability for "bodily injury," "property damage" or "personal and advertising injury" arising out of or relating to your negligence in the performance of "your work" for such person(s) or organization(s) that occurs on or after the effective date shown in the endorsement Schedule. This insurance is primary to and non-contributory with any other insurance maintained by the person or organization (Additional Insured), except for loss resulting from the sole negligence of that person or organization. This condition applies even if other valid and collectible insurance is available to the Additional Insured for a loss or "occurrence" we cover for this Additional Insured. The Additional Insured's limits of insurance do not increase our limits of insurance, as described in SECTION III — LIMITS OF INSURANCE. All other terms, conditions, and exclusions under the policy are applicable to this endorsement and remain unchanged. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. A`GRLI CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 8(MM!DD4 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Wilson, Washburn & Forster Insurance 16505 NW 13th Ave Miami FL 33169 CONTACT NAME: PHONE FAX A/C, No, Ext): 305-666-6636 (A/C, No): 305-662-7778 E-MAIL ADDR ESS: certificates@wwfins.com INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: Philadelphia Indemnity Ins. Co 18058 INSURED BELAF-1 Belafonte-Tacolcy Center 6161 NW 9th Avenue Miami FL 33127 INSURERB: Tokio Marine Specialty Ins Co 23850 INSURERC: Progressive Express Ins. Co. 10193 INSURERD: United States Liability Ins Co 25895 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 1144276022 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. 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 INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF (MMIDD/YYYY) POLICY EXP (MMIDD/YYYY) LIMITS B X COMMERCIAL GENERAL LIABILITY Y PPK2587613-011 8/1/2024 8/1/2025 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $ 100,000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L X AGGREGATE POLICY OTHER: LIMIT APPLIES PRO JECT PER: LOC GENERAL AGGREGATE $ 3,000,000 PRODUCTS - COMP/OP AGG $ 3,000,000 $ C AUTOMOBILE LIABILITY X SCHEDULED 02434526 8/1/2024 8/1/2025 COMBINED SINGLE LIMIT (Ea accident) $ 1 000 000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ A X UMBRELLA LIAB EXCESS LIAB X O OCCUR CLAIMS -MADE PHUB875717-011 8/1/2024 8/1/2025 EACH OCCURRENCE $ 2,000,000 AGGREGATE $ DED X RETENTION $ 10,000 $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N / A PER STATUTE OTH- ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ D Directors & Officers ND01068278M 8/1/2024 8/1/2025 Each Claim 1,000,000 Aggregate 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Professional Liability Pol#PPK2587613-011 - Philade phia Effective Dates:08/01/2024-08/01/2025 Limits: $1,000,000 Each Occ/$3,000,000 Aggregate Sexual/Physical Abuse Pol#PPK2587613-011 - Philadelphia Effective Dates:08/01/2024-08/01/2025 Limits: $1,000,000 Each Occ/$1,00,000 Aggregate See Attached... CERTIFICATE HOLDER CANCELLATION City of Miami Little Haiti Cultural Center 26059th Terrace FL 33137 Miami401/k„. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE /4 1 ACORD 25 (2014/01) © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: BELAF-1 LOC #: ACORO� ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY Wilson, Washburn & Forster Insurance POLICY NUMBER CARRIER NAIC CODE NAMED INSURED Belafonte-Tacolcy Center 6161 NW 9th Avenue Miami FL 33127 EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE Accident Policy Pol#PHPA136107- Philadelphia Ins. Co. Effective Dates:08/01 /2024-08/01 /2025 Limits: Accident Medical Expense: $100,000 Accident Medical Expense Aggregate: No Aggregate Benefit Amount: 100% of Usual & Customary Charge Accident Dental Expense: Included in Medical Deductible: $0 Benefit Period: 52 Weeks Plan Type: Full Excess Accident Death: $25,000 Accidental Dismemberment & Paralysis: $50,000 AD&D and Paralysis Aggregate: $500,000 (per accident) Participant Accident Policy Pol#PHPC005897 - Philadelphia Ins. Co. Effective Dates:08/01 /2024-08/01 /2025 Limits: Accident Medical Expense: $1,000,000 Accident Death $10,000 Accident Dismemberment $10,000 Deductible: $100,00 Plan Type: Full Excess City of Miami is listed as additional insured on a primary and non-contributory basis with respects to General Liability and automobile. ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD PI-GLD-HS (10/11) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY DELUXE ENDORSEMENT: HUMAN SERVICES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE It is understood and agreed that the following extensions only apply in the event that no other specific coverage for the indicated loss exposure is provided under this policy. If such specific coverage applies, the terms, conditions and limits of that coverage are the sole and exclusive coverage applicable under this policy, unless otherwise noted on this endorsement. The following is a summary of the Limits of Insurance and additional coverages provided by this endorsement. For complete details on specific coverages, consult the policy contract wording. Coverage Applicable Limit of Insurance Page # Extended Property Damage Included 2 Limited Rental Lease Agreement Contractual Liability $50,000 limit 2 Non -Owned Watercraft Less than 58 feet 2 Damage to Property You Own, Rent, or Occupy $30,000 limit 2 Damage to Premises Rented to You $1,000,000 3 H I PAA Clarification 4 Medical Payments $20,000 5 Medical Payments — Extended Reporting Period 3 years 5 Athletic Activities Amended 5 Supplementary Payments — Bail Bonds $5,000 5 Supplementary Payment — Loss of Earnings $1,000 per day 5 Employee Indemnification Defense Coverage $25,000 5 Key and Lock Replacement — Janitorial Services Client Coverage $10,000 limit 6 Additional Insured — Newly Acquired Time Period Amended 6 Additional Insured — Medical Directors and Administrators Included 7 Additional Insured — Managers and Supervisors (with Fellow Employee Coverage) Included 7 Additional Insured — Broadened Named Insured Included 7 Additional Insured — Funding Source Included 7 Additional Insured — Home Care Providers Included 7 Additional Insured — Managers, Landlords, or Lessors of Premises Included 7 Additional Insured — Lessor of Leased Equipment Included 7 Additional Insured — Grantor of Permits Included 8 Additional Insured — Vendor Included 8 Additional Insured — Franchisor Included 9 Additional Insured — When Required by Contract Included 9 Additional Insured — Owners, Lessees, or Contractors Included 9 Additional Insured — State or Political Subdivisions Included 10 Page 1 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. © 2011 Philadelphia Indemnity Insurance Company PI-GLD-HS (10/11) Duties in the Event of Occurrence, Claim or Suit Included 10 Unintentional Failure to Disclose Hazards Included 10 Transfer of Rights of Recovery Against Others To Us Clarification 10 Liberalization Included 11 Bodily Injury — includes Mental Anguish Included 11 Personal and Advertising Injury — includes Abuse of Process, Discrimination Included 11 A. Extended Property Damage SECTION I — COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions, Paragraph a. is deleted in its entirety and replaced by the following: a. Expected or Intended Injury "Bodily injury" or property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. B. Limited Rental Lease Agreement Contractual Liability SECTION I — COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions, Paragraph b. Contractual Liability is amended to include the following: (3) Based on the named insured's request at the time of claim, we agree to indemnify the named insured for their liability assumed in a contract or agreement regarding the rental or lease of a premises on behalf of their client, up to $50,000. This coverage extension only applies to rental lease agreements. This coverage is excess over any renter's liability insurance of the client. C. Non -Owned Watercraft SECTION I — COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions, Paragraph g. (2) is deleted in its entirety and replaced by the following: (2) A watercraft you do not own that is: (a) Less than 58 feet long; and (b) Not being used to carry persons or property for a charge; This provision applies to any person, who with your consent, either uses or is responsible for the use of a watercraft. This insurance is excess over any other valid and collectible insurance available to the insured whether primary, excess or contingent. D. Damage to Property You Own, Rent or Occupy SECTION I — COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE Page 2 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. © 2011 Philadelphia Indemnity Insurance Company PI-GLD-HS (10/11) LIABILITY, Subsection 2. Exclusions, Paragraph j. Damage to Property, Item (1) is deleted in its entirety and replaced with the following: (1) Property you own, rent, or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property, unless the damage to property is caused by your client, up to a $30,000 limit. A client is defined as a person under your direct care and supervision. E. Damage to Premises Rented to You 1. If damage by fire to premises rented to you is not otherwise excluded from this Coverage Part, the word "fire" is changed to "fire, lightning, explosion, smoke, or leakage from automatic fire protective systems" where it appears in: a. The last paragraph of SECTION I — COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions; is deleted in its entirety and replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke, or leakage from automatic fire protective systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in SECTION III — LIMITS OF INSURANCE. b. SECTION III — LIMITS OF INSURANCE, Paragraph 6. is deleted in its entirety and replaced by the following: Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, lightning, explosion, smoke, or leakage from automatic fire protective systems while rented to you or temporarily occupied by you with permission of the owner. c. SECTION V — DEFINITIONS, Paragraph 9.a., is deleted in its entirety and replaced by the following: 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, lightning, explosion, smoke, or leakage from automatic fire protective systems to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract"; 2. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, Subsection 4. Other Insurance, Paragraph b. Excess Insurance, (1) (a) (ii) is deleted in its entirety and replaced by the following: That is insurance for fire, lightning, explosion, smoke, or leakage from automatic fire protective systems for premises rented to you or temporarily occupied by you with permission of the owner; 3. The Damage To Premises Rented To You Limit section of the Declarations is amended to the greater of: Page 3 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. © 2011 Philadelphia Indemnity Insurance Company PI-GLD-HS (10/11) a. $1,000,000; or b. The amount shown in the Declarations as the Damage to Premises Rented to You Limit. This is the most we will pay for all damage proximately caused by the same event, whether such damage results from fire, lightning, explosion, smoke, or leaks from automatic fire protective systems or any combination thereof. F. HIPAA SECTION I — COVERAGES, COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY, is amended as follows: 1. Paragraph 1. Insuring Agreement is amended to include the following: We will pay those sums that the insured becomes legally obligated to pay as damages because of a "violation(s)" of the Health Insurance Portability and Accountability Act (HIPAA). We have the right and the duty to defend the insured against any "suit," "investigation," or "civil proceeding" seeking these damages. However, we will have no duty to defend the insured against any "suit" seeking damages, "investigation," or "civil proceeding" to which this insurance does not apply. 2. Paragraph 2. Exclusions is amended to include the following additional exclusions: This insurance does not apply to: a. Intentional, Willful, or Deliberate Violations Any willful, intentional, or deliberate "violation(s)" by any insured. b. Criminal Acts Any "violation" which results in any criminal penalties under the HIPAA. c. Other Remedies Any remedy other than monetary damages for penalties assessed. d. Compliance Reviews or Audits Any compliance reviews by the Department of Health and Human Services. 3. SECTION V — DEFINITIONS is amended to include the following additional definitions: a. "Civil proceeding" means an action by the Department of Health and Human Services (HHS) arising out of "violations." b. "Investigation" means an examination of an actual or alleged "violation(s)" by HHS. However, "investigation" does not include a Compliance Review. c. "Violation" means the actual or alleged failure to comply with the regulations included in the HIPAA. Page 4 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. © 2011 Philadelphia Indemnity Insurance Company PI-GLD-HS (10/11) G. Medical Payments — Limit Increased to $20,000, Extended Reporting Period If COVERAGE C MEDICAL PAYMENTS is not otherwise excluded from this Coverage Part: 1. The Medical Expense Limit is changed subject to all of the terms of SECTION III - LIMITS OF INSURANCE to the greater of: a. $20,000; or b. The Medical Expense Limit shown in the Declarations of this Coverage Part. 2. SECTION I — COVERAGE, COVERAGE C MEDICAL PAYMENTS, Subsection 1. Insuring Agreement, a. (3) (b) is deleted in its entirety and replaced by the following: (b) The expenses are incurred and reported to us within three years of the date of the accident. H. Athletic Activities SECTION I — COVERAGES, COVERAGE C MEDICAL PAYMENTS, Subsection 2. Exclusions, Paragraph e. Athletic Activities is deleted in its entirety and replaced with the following: e. Athletic Activities To a person injured while taking part in athletics. I. Supplementary Payments SECTION I — COVERAGES, SUPPLEMENTARY PAYMENTS - COVERAGE A AND B are amended as follows: 1. b. is deleted in its entirety and replaced by the following: 1. b. Up to $5000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these. 1.d. is deleted in its entirety and replaced by the following: 1. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $1,000 a day because of time off from work. J. Employee Indemnification Defense Coverage SECTION I — COVERAGES, SUPPLEMENTARY PAYMENTS — COVERAGES A AND B the following is added: We will pay, on your behalf, defense costs incurred by an "employee" in a criminal proceeding occurring in the course of employment. The most we will pay for any "employee" who is alleged to be directly involved in a criminal proceeding is $25,000 regardless of the numbers of "employees," claims or "suits" brought or persons or organizations making claims or bringing "suits. Page 5 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. © 2011 Philadelphia Indemnity Insurance Company PI-GLD-HS (10/11) K. Key and Lock Replacement — Janitorial Services Client Coverage SECTION I — COVERAGES, SUPPLEMENTARY PAYMENTS — COVERAGES A AND B is amended to include the following: We will pay for the cost to replace keys and locks at the "clients" premises due to theft or other loss to keys entrusted to you by your "client," up to a $10,000 limit per occurrence and $10,000 policy aggregate. We will not pay for loss or damage resulting from theft or any other dishonest or criminal act that you or any of your partners, members, officers, "employees", "managers", directors, trustees, authorized representatives or any one to whom you entrust the keys of a "client" for any purpose commit, whether acting alone or in collusion with other persons. The following, when used on this coverage, are defined as follows: a. "Client" means an individual, company or organization with whom you have a written contract or work order for your services for a described premises and have billed for your services. b. "Employee" means: (1) Any natural person: (a) While in your service or for 30 days after termination of service; (b) Who you compensate directly by salary, wages or commissions; and (c) Who you have the right to direct and control while performing services for you; or (2) Any natural person who is furnished temporarily to you: (a) To substitute for a permanent "employee" as defined in Paragraph (1) above, who is on leave; or (b) To meet seasonal or short-term workload conditions; while that person is subject to your direction and control and performing services for you. (3) "Employee" does not mean: (a) Any agent, broker, person leased to you by a labor leasing firm, factor, commission merchant, consignee, independent contractor or representative of the same general character; or (b) Any "manager," director or trustee except while performing acts coming within the scope of the usual duties of an "employee." c. "Manager" means a person serving in a directorial capacity for a limited liability company. L. Additional lnsureds SECTION II — WHO IS AN INSURED is amended as follows: 1. If coverage for newly acquired or formed organizations is not otherwise excluded from this Page 6 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. © 2011 Philadelphia Indemnity Insurance Company PI-GLD-HS (10/11) Coverage Part, Paragraph 3.a. is deleted in its entirely and replaced by the following: a. Coverage under this provision is afforded until the end of the policy period. 2. Each of the following is also an insured: a. Medical Directors and Administrators — Your medical directors and administrators, but only while acting within the scope of and during the course of their duties as such. Such duties do not include the furnishing or failure to furnish professional services of any physician or psychiatrist in the treatment of a patient. b. Managers and Supervisors — Your managers and supervisors are also insureds, but only with respect to their duties as your managers and supervisors. Managers and supervisors who are your "employees" are also insureds for "bodily injury" to a co - "employee" while in the course of his or her employment by you or performing duties related to the conduct of your business. This provision does not change Item 2.a.(1)(a) as it applies to managers of a limited liability company. c. Broadened Named Insured — Any organization and subsidiary thereof which you control and actively manage on the effective date of this Coverage Part. However, coverage does not apply to any organization or subsidiary not named in the Declarations as Named Insured, if they are also insured under another similar policy, but for its termination or the exhaustion of its limits of insurance. d. Funding Source — Any person or organization with respect to their liability arising out of: (1) Their financial control of you; or (2) Premises they own, maintain or control while you lease or occupy these premises. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization. e. Home Care Providers — At the first Named Insured's option, any person or organization under your direct supervision and control while providing for you private home respite or foster home care for the developmentally disabled. f. Managers, Landlords, or Lessors of Premises — Any person or organization with respect to their liability arising out of the ownership, maintenance or use of that part of the premises leased or rented to you subject to the following additional exclusions: g. This insurance does not apply to: (1) Any "occurrence" which takes place after you cease to be a tenant in that premises; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of that person or organization. Lessor of Leased Equipment — Automatic Status When Required in Lease Agreement With You — Any person or organization from whom you lease equipment when you and such person or organization have agreed in writing in a contract or agreement that such person or organization is to be added as an additional insured on your policy. Such person or Page 7 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. © 2011 Philadelphia Indemnity Insurance Company PI-GLD-HS (10/11) organization is an insured only with respect to liability for "bodily injury," "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person or organization. A person's or organization's status as an additional insured under this endorsement ends when their contract or agreement with you for such leased equipment ends. With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. h. Grantors of Permits — Any state or political subdivision granting you a permit in connection with your premises subject to the following additional provision: (1) This insurance applies only with respect to the following hazards for which the state or political subdivision has issued a permit in connection with the premises you own, rent or control and to which this insurance applies: (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners or decorations and similar exposures; (b) The construction, erection, or removal of elevators; or (c) The ownership, maintenance, or use of any elevators covered by this insurance. i. Vendors — Only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions: (1) The insurance afforded the vendor does not apply to: (a) "Bodily injury" or "property damage" for which the vendor 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 that the vendor would have in the absence of the contract or agreement; (b) Any express warranty unauthorized by you; (c) Any physical or chemical change in the product made intentionally by the vendor; (d) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; Page 8 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. © 2011 Philadelphia Indemnity Insurance Company PI-GLD-HS (10/11) (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (h) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (i) The exceptions contained in Sub -paragraphs (d) or (f); or (ii) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (2) This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing. j. Franchisor — Any person or organization with respect to their liability as the grantor of a franchise to you. k. As Required by Contract — Any person or organization where required by a written contract executed prior to the occurrence of a loss. Such person or organization is an additional insured for "bodily injury," "property damage" or "personal and advertising injury" but only for liability arising out of the negligence of the named insured. The limits of insurance applicable to these additional insureds are the lesser of the policy limits or those limits specified in a contract or agreement. These limits are included within and not in addition to the limits of insurance shown in the Declarations I. Owners, Lessees or Contractors — Any person or organization, but only with respect to liability for "bodily injury," "property damage" or "personal and advertising injury" caused, in whole or in part, by: (1) Your acts or omissions; or (2) The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured when required by a contract. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: (a) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (b) That portion of "your 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 a part of the same project. Page 9 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. © 2011 Philadelphia Indemnity Insurance Company PI-GLD-HS (10/11) m. State or Political Subdivisions — Any state or political subdivision as required, subject to the following provisions: (1) This insurance applies only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit, and is required by contract. (2) This insurance does not apply to: (a) "Bodily injury," "property damage" or "personal and advertising injury" arising out of operations performed for the state or municipality; or (b) "Bodily injury" or "property damage" included within the "products -completed operations hazard." M. Duties in the Event of Occurrence, Claim or Suit SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 2. is amended as follows: a. is amended to include: This condition applies only when the "occurrence" or offense is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; or (3) An executive officer or insurance manager, if you are a corporation. b. is amended to include: This condition will not be considered breached unless the breach occurs after such claim or "suit" is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; or (3) An executive officer or insurance manager, if you are a corporation. N. Unintentional Failure To Disclose Hazards SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, 6. Representations is amended to include the following: It is agreed that, based on our reliance on your representations as to existing hazards, if you should unintentionally fail to disclose all such hazards prior to the beginning of the policy period of this Coverage Part, we shall not deny coverage under this Coverage Part because of such failure. O. Transfer of Rights of Recovery Against Others To Us SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, 8. Transfer of Rights of Page 10 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. © 2011 Philadelphia Indemnity Insurance Company PI-GLD-HS (10/11) Recovery Against Others To Us is deleted in its entirety and replaced by the following: If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. Therefore, the insured can waive the insurer's rights of recovery prior to the occurrence of a loss, provided the waiver is made in a written contract. P. Liberalization SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, is amended to include the following: If we revise this endorsement to provide more coverage without additional premium charge, we will automatically provide the additional coverage to all endorsement holders as of the day the revision is effective in your state. Q. Bodily Injury — Mental Anguish SECTION V — DEFINITIONS, Paragraph 3. Is deleted in its entirety and replaced by the following: "Bodily injury" means: a. Bodily injury, sickness or disease sustained by a person, and includes mental anguish resulting from any of these; and b. Except for mental anguish, includes death resulting from the foregoing (Item a. above) at any time. R. Personal and Advertising Injury — Abuse of Process, Discrimination If COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY COVERAGE is not otherwise excluded from this Coverage Part, the definition of "personal and advertising injury" is amended as follows: 1. SECTION V — DEFINITIONS, Paragraph 14.b. is deleted in its entirety and replaced by the following: b. Malicious prosecution or abuse of process; 2. SECTION V — DEFINITIONS, Paragraph 14. is amended by adding the following: Discrimination based on race, color, religion, sex, age or national origin, except when: a. Done intentionally by or at the direction of, or with the knowledge or consent of: (1) Any insured; or (2) Any executive officer, director, stockholder, partner or member of the insured; b. Directly or indirectly related to the employment, former or prospective employment, termination of employment, or application for employment of any person or persons by an insured; Page 11 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. © 2011 Philadelphia Indemnity Insurance Company PI-GLD-HS (10/11) c. Directly or indirectly related to the sale, rental, lease or sublease or prospective sales, rental, lease or sub -lease of any room, dwelling or premises by or at the direction of any insured; or d. Insurance for such discrimination is prohibited by or held in violation of law, public policy, legislation, court decision or administrative ruling. The above does not apply to fines or penalties imposed because of discrimination. Page 12 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. © 2011 Philadelphia Indemnity Insurance Company A`GRLI CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 8(MM!DD4 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Wilson, Washburn & Forster Insurance 16505 NW 13th Ave Miami FL 33169 CONTACT NAME: PHONE FAX A/C, No, Ext): 305-666-6636 (A/C, No): 305-662-7778 E-MAIL ADDR ESS: certificates@wwfins.com INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: Philadelphia Indemnity Ins. Co 18058 INSURED BELAF-1 Belafonte-Tacolcy Center 6161 NW 9th Avenue Miami FL 33127 INSURERB: Tokio Marine Specialty Ins Co 23850 INSURERC: Progressive Express Ins. Co. 10193 INSURERD: United States Liability Ins Co 25895 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 659325339 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. 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 INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF (MMIDD/YYYY) POLICY EXP (MMIDD/YYYY) LIMITS B X COMMERCIAL GENERAL LIABILITY Y PPK2587613-011 8/1/2024 8/1/2025 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $ 100,000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L X AGGREGATE POLICY OTHER: LIMIT APPLIES PRO JECT PER: LOC GENERAL AGGREGATE $ 3,000,000 PRODUCTS - COMP/OP AGG $ 3,000,000 $ C AUTOMOBILE LIABILITY X SCHEDULED 02434526 8/1/2024 8/1/2025 COMBINED SINGLE LIMIT (Ea accident) $ 1 000 000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ A X UMBRELLA LIAB EXCESS LIAB X O OCCUR CLAIMS -MADE PHUB875717-011 8/1/2024 8/1/2025 EACH OCCURRENCE $ 2,000,000 AGGREGATE $ DED X RETENTION $ 10,000 $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N / A PER STATUTE OTH- ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ D Directors & Officers ND01068278M 8/1/2024 8/1/2025 Each Claim 1,000,000 Aggregate 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Professional Liability Pol#PPK2587613-011 - Philade phia Effective Dates:08/01/2024-08/01/2025 Limits: $1,000,000 Each Occ/$3,000,000 Aggregate Sexual/Physical Abuse Pol#PPK2587613-011 - Philadelphia Effective Dates:08/01/2024-08/01/2025 Limits: $1,000,000 Each Occ/$1,00,000 Aggregate See Attached... CERTIFICATE HOLDER CANCELLATION City of Miami - Department of Real Estate and Asset Management 4442Avenue, 3rd Floor F FL 33130 Miami401/k„. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE /4 1 ACORD 25 (2014/01) © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: BELAF-1 LOC #: ACORO� ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY Wilson, Washburn & Forster Insurance POLICY NUMBER CARRIER NAIC CODE NAMED INSURED Belafonte-Tacolcy Center 6161 NW 9th Avenue Miami FL 33127 EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE Accident Policy Pol#PHPA136107- Philadelphia Ins. Co. Effective Dates:08/01 /2024-08/01 /2025 Limits: Accident Medical Expense: $100,000 Accident Medical Expense Aggregate: No Aggregate Benefit Amount: 100% of Usual & Customary Charge Accident Dental Expense: Included in Medical Deductible: $0 Benefit Period: 52 Weeks Plan Type: Full Excess Accident Death: $25,000 Accidental Dismemberment & Paralysis: $50,000 AD&D and Paralysis Aggregate: $500,000 (per accident) Participant Accident Policy Pol#PHPC005897 - Philadelphia Ins. Co. Effective Dates:08/01 /2024-08/01 /2025 Limits: Accident Medical Expense: $1,000,000 Accident Death $10,000 Accident Dismemberment $10,000 Deductible: $100,00 Plan Type: Full Excess City of Miami - Department of Real Estate and Asset Management are listed as additional insureds per the attached endorsement. ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD PI-GLD-HS (10/11) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY DELUXE ENDORSEMENT: HUMAN SERVICES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE It is understood and agreed that the following extensions only apply in the event that no other specific coverage for the indicated loss exposure is provided under this policy. If such specific coverage applies, the terms, conditions and limits of that coverage are the sole and exclusive coverage applicable under this policy, unless otherwise noted on this endorsement. The following is a summary of the Limits of Insurance and additional coverages provided by this endorsement. For complete details on specific coverages, consult the policy contract wording. Coverage Applicable Limit of Insurance Page # Extended Property Damage Included 2 Limited Rental Lease Agreement Contractual Liability $50,000 limit 2 Non -Owned Watercraft Less than 58 feet 2 Damage to Property You Own, Rent, or Occupy $30,000 limit 2 Damage to Premises Rented to You $1,000,000 3 H I PAA Clarification 4 Medical Payments $20,000 5 Medical Payments — Extended Reporting Period 3 years 5 Athletic Activities Amended 5 Supplementary Payments — Bail Bonds $5,000 5 Supplementary Payment — Loss of Earnings $1,000 per day 5 Employee Indemnification Defense Coverage $25,000 5 Key and Lock Replacement — Janitorial Services Client Coverage $10,000 limit 6 Additional Insured — Newly Acquired Time Period Amended 6 Additional Insured — Medical Directors and Administrators Included 7 Additional Insured — Managers and Supervisors (with Fellow Employee Coverage) Included 7 Additional Insured — Broadened Named Insured Included 7 Additional Insured — Funding Source Included 7 Additional Insured — Home Care Providers Included 7 Additional Insured — Managers, Landlords, or Lessors of Premises Included 7 Additional Insured — Lessor of Leased Equipment Included 7 Additional Insured — Grantor of Permits Included 8 Additional Insured — Vendor Included 8 Additional Insured — Franchisor Included 9 Additional Insured — When Required by Contract Included 9 Additional Insured — Owners, Lessees, or Contractors Included 9 Additional Insured — State or Political Subdivisions Included 10 Page 1 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. © 2011 Philadelphia Indemnity Insurance Company PI-GLD-HS (10/11) Duties in the Event of Occurrence, Claim or Suit Included 10 Unintentional Failure to Disclose Hazards Included 10 Transfer of Rights of Recovery Against Others To Us Clarification 10 Liberalization Included 11 Bodily Injury — includes Mental Anguish Included 11 Personal and Advertising Injury — includes Abuse of Process, Discrimination Included 11 A. Extended Property Damage SECTION I — COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions, Paragraph a. is deleted in its entirety and replaced by the following: a. Expected or Intended Injury "Bodily injury" or property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. B. Limited Rental Lease Agreement Contractual Liability SECTION I — COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions, Paragraph b. Contractual Liability is amended to include the following: (3) Based on the named insured's request at the time of claim, we agree to indemnify the named insured for their liability assumed in a contract or agreement regarding the rental or lease of a premises on behalf of their client, up to $50,000. This coverage extension only applies to rental lease agreements. This coverage is excess over any renter's liability insurance of the client. C. Non -Owned Watercraft SECTION I — COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions, Paragraph g. (2) is deleted in its entirety and replaced by the following: (2) A watercraft you do not own that is: (a) Less than 58 feet long; and (b) Not being used to carry persons or property for a charge; This provision applies to any person, who with your consent, either uses or is responsible for the use of a watercraft. This insurance is excess over any other valid and collectible insurance available to the insured whether primary, excess or contingent. D. Damage to Property You Own, Rent or Occupy SECTION I — COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE Page 2 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. © 2011 Philadelphia Indemnity Insurance Company PI-GLD-HS (10/11) LIABILITY, Subsection 2. Exclusions, Paragraph j. Damage to Property, Item (1) is deleted in its entirety and replaced with the following: (1) Property you own, rent, or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property, unless the damage to property is caused by your client, up to a $30,000 limit. A client is defined as a person under your direct care and supervision. E. Damage to Premises Rented to You 1. If damage by fire to premises rented to you is not otherwise excluded from this Coverage Part, the word "fire" is changed to "fire, lightning, explosion, smoke, or leakage from automatic fire protective systems" where it appears in: a. The last paragraph of SECTION I — COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions; is deleted in its entirety and replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke, or leakage from automatic fire protective systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in SECTION III — LIMITS OF INSURANCE. b. SECTION III — LIMITS OF INSURANCE, Paragraph 6. is deleted in its entirety and replaced by the following: Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, lightning, explosion, smoke, or leakage from automatic fire protective systems while rented to you or temporarily occupied by you with permission of the owner. c. SECTION V — DEFINITIONS, Paragraph 9.a., is deleted in its entirety and replaced by the following: 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, lightning, explosion, smoke, or leakage from automatic fire protective systems to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract"; 2. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, Subsection 4. Other Insurance, Paragraph b. Excess Insurance, (1) (a) (ii) is deleted in its entirety and replaced by the following: That is insurance for fire, lightning, explosion, smoke, or leakage from automatic fire protective systems for premises rented to you or temporarily occupied by you with permission of the owner; 3. The Damage To Premises Rented To You Limit section of the Declarations is amended to the greater of: Page 3 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. © 2011 Philadelphia Indemnity Insurance Company PI-GLD-HS (10/11) a. $1,000,000; or b. The amount shown in the Declarations as the Damage to Premises Rented to You Limit. This is the most we will pay for all damage proximately caused by the same event, whether such damage results from fire, lightning, explosion, smoke, or leaks from automatic fire protective systems or any combination thereof. F. HIPAA SECTION I — COVERAGES, COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY, is amended as follows: 1. Paragraph 1. Insuring Agreement is amended to include the following: We will pay those sums that the insured becomes legally obligated to pay as damages because of a "violation(s)" of the Health Insurance Portability and Accountability Act (HIPAA). We have the right and the duty to defend the insured against any "suit," "investigation," or "civil proceeding" seeking these damages. However, we will have no duty to defend the insured against any "suit" seeking damages, "investigation," or "civil proceeding" to which this insurance does not apply. 2. Paragraph 2. Exclusions is amended to include the following additional exclusions: This insurance does not apply to: a. Intentional, Willful, or Deliberate Violations Any willful, intentional, or deliberate "violation(s)" by any insured. b. Criminal Acts Any "violation" which results in any criminal penalties under the HIPAA. c. Other Remedies Any remedy other than monetary damages for penalties assessed. d. Compliance Reviews or Audits Any compliance reviews by the Department of Health and Human Services. 3. SECTION V — DEFINITIONS is amended to include the following additional definitions: a. "Civil proceeding" means an action by the Department of Health and Human Services (HHS) arising out of "violations." b. "Investigation" means an examination of an actual or alleged "violation(s)" by HHS. However, "investigation" does not include a Compliance Review. c. "Violation" means the actual or alleged failure to comply with the regulations included in the HIPAA. Page 4 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. © 2011 Philadelphia Indemnity Insurance Company PI-GLD-HS (10/11) G. Medical Payments — Limit Increased to $20,000, Extended Reporting Period If COVERAGE C MEDICAL PAYMENTS is not otherwise excluded from this Coverage Part: 1. The Medical Expense Limit is changed subject to all of the terms of SECTION III - LIMITS OF INSURANCE to the greater of: a. $20,000; or b. The Medical Expense Limit shown in the Declarations of this Coverage Part. 2. SECTION I — COVERAGE, COVERAGE C MEDICAL PAYMENTS, Subsection 1. Insuring Agreement, a. (3) (b) is deleted in its entirety and replaced by the following: (b) The expenses are incurred and reported to us within three years of the date of the accident. H. Athletic Activities SECTION I — COVERAGES, COVERAGE C MEDICAL PAYMENTS, Subsection 2. Exclusions, Paragraph e. Athletic Activities is deleted in its entirety and replaced with the following: e. Athletic Activities To a person injured while taking part in athletics. I. Supplementary Payments SECTION I — COVERAGES, SUPPLEMENTARY PAYMENTS - COVERAGE A AND B are amended as follows: 1. b. is deleted in its entirety and replaced by the following: 1. b. Up to $5000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these. 1.d. is deleted in its entirety and replaced by the following: 1. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $1,000 a day because of time off from work. J. Employee Indemnification Defense Coverage SECTION I — COVERAGES, SUPPLEMENTARY PAYMENTS — COVERAGES A AND B the following is added: We will pay, on your behalf, defense costs incurred by an "employee" in a criminal proceeding occurring in the course of employment. The most we will pay for any "employee" who is alleged to be directly involved in a criminal proceeding is $25,000 regardless of the numbers of "employees," claims or "suits" brought or persons or organizations making claims or bringing "suits. Page 5 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. © 2011 Philadelphia Indemnity Insurance Company PI-GLD-HS (10/11) K. Key and Lock Replacement — Janitorial Services Client Coverage SECTION I — COVERAGES, SUPPLEMENTARY PAYMENTS — COVERAGES A AND B is amended to include the following: We will pay for the cost to replace keys and locks at the "clients" premises due to theft or other loss to keys entrusted to you by your "client," up to a $10,000 limit per occurrence and $10,000 policy aggregate. We will not pay for loss or damage resulting from theft or any other dishonest or criminal act that you or any of your partners, members, officers, "employees", "managers", directors, trustees, authorized representatives or any one to whom you entrust the keys of a "client" for any purpose commit, whether acting alone or in collusion with other persons. The following, when used on this coverage, are defined as follows: a. "Client" means an individual, company or organization with whom you have a written contract or work order for your services for a described premises and have billed for your services. b. "Employee" means: (1) Any natural person: (a) While in your service or for 30 days after termination of service; (b) Who you compensate directly by salary, wages or commissions; and (c) Who you have the right to direct and control while performing services for you; or (2) Any natural person who is furnished temporarily to you: (a) To substitute for a permanent "employee" as defined in Paragraph (1) above, who is on leave; or (b) To meet seasonal or short-term workload conditions; while that person is subject to your direction and control and performing services for you. (3) "Employee" does not mean: (a) Any agent, broker, person leased to you by a labor leasing firm, factor, commission merchant, consignee, independent contractor or representative of the same general character; or (b) Any "manager," director or trustee except while performing acts coming within the scope of the usual duties of an "employee." c. "Manager" means a person serving in a directorial capacity for a limited liability company. L. Additional lnsureds SECTION II — WHO IS AN INSURED is amended as follows: 1. If coverage for newly acquired or formed organizations is not otherwise excluded from this Page 6 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. © 2011 Philadelphia Indemnity Insurance Company PI-GLD-HS (10/11) Coverage Part, Paragraph 3.a. is deleted in its entirely and replaced by the following: a. Coverage under this provision is afforded until the end of the policy period. 2. Each of the following is also an insured: a. Medical Directors and Administrators — Your medical directors and administrators, but only while acting within the scope of and during the course of their duties as such. Such duties do not include the furnishing or failure to furnish professional services of any physician or psychiatrist in the treatment of a patient. b. Managers and Supervisors — Your managers and supervisors are also insureds, but only with respect to their duties as your managers and supervisors. Managers and supervisors who are your "employees" are also insureds for "bodily injury" to a co - "employee" while in the course of his or her employment by you or performing duties related to the conduct of your business. This provision does not change Item 2.a.(1)(a) as it applies to managers of a limited liability company. c. Broadened Named Insured — Any organization and subsidiary thereof which you control and actively manage on the effective date of this Coverage Part. However, coverage does not apply to any organization or subsidiary not named in the Declarations as Named Insured, if they are also insured under another similar policy, but for its termination or the exhaustion of its limits of insurance. d. Funding Source — Any person or organization with respect to their liability arising out of: (1) Their financial control of you; or (2) Premises they own, maintain or control while you lease or occupy these premises. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization. e. Home Care Providers — At the first Named Insured's option, any person or organization under your direct supervision and control while providing for you private home respite or foster home care for the developmentally disabled. f. Managers, Landlords, or Lessors of Premises — Any person or organization with respect to their liability arising out of the ownership, maintenance or use of that part of the premises leased or rented to you subject to the following additional exclusions: g. This insurance does not apply to: (1) Any "occurrence" which takes place after you cease to be a tenant in that premises; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of that person or organization. Lessor of Leased Equipment — Automatic Status When Required in Lease Agreement With You — Any person or organization from whom you lease equipment when you and such person or organization have agreed in writing in a contract or agreement that such person or organization is to be added as an additional insured on your policy. Such person or Page 7 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. © 2011 Philadelphia Indemnity Insurance Company PI-GLD-HS (10/11) organization is an insured only with respect to liability for "bodily injury," "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person or organization. A person's or organization's status as an additional insured under this endorsement ends when their contract or agreement with you for such leased equipment ends. With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. h. Grantors of Permits — Any state or political subdivision granting you a permit in connection with your premises subject to the following additional provision: (1) This insurance applies only with respect to the following hazards for which the state or political subdivision has issued a permit in connection with the premises you own, rent or control and to which this insurance applies: (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners or decorations and similar exposures; (b) The construction, erection, or removal of elevators; or (c) The ownership, maintenance, or use of any elevators covered by this insurance. i. Vendors — Only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions: (1) The insurance afforded the vendor does not apply to: (a) "Bodily injury" or "property damage" for which the vendor 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 that the vendor would have in the absence of the contract or agreement; (b) Any express warranty unauthorized by you; (c) Any physical or chemical change in the product made intentionally by the vendor; (d) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; Page 8 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. © 2011 Philadelphia Indemnity Insurance Company PI-GLD-HS (10/11) (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (h) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (i) The exceptions contained in Sub -paragraphs (d) or (f); or (ii) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (2) This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing. j. Franchisor — Any person or organization with respect to their liability as the grantor of a franchise to you. k. As Required by Contract — Any person or organization where required by a written contract executed prior to the occurrence of a loss. Such person or organization is an additional insured for "bodily injury," "property damage" or "personal and advertising injury" but only for liability arising out of the negligence of the named insured. The limits of insurance applicable to these additional insureds are the lesser of the policy limits or those limits specified in a contract or agreement. These limits are included within and not in addition to the limits of insurance shown in the Declarations I. Owners, Lessees or Contractors — Any person or organization, but only with respect to liability for "bodily injury," "property damage" or "personal and advertising injury" caused, in whole or in part, by: (1) Your acts or omissions; or (2) The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured when required by a contract. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: (a) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (b) That portion of "your 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 a part of the same project. Page 9 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. © 2011 Philadelphia Indemnity Insurance Company PI-GLD-HS (10/11) m. State or Political Subdivisions — Any state or political subdivision as required, subject to the following provisions: (1) This insurance applies only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit, and is required by contract. (2) This insurance does not apply to: (a) "Bodily injury," "property damage" or "personal and advertising injury" arising out of operations performed for the state or municipality; or (b) "Bodily injury" or "property damage" included within the "products -completed operations hazard." M. Duties in the Event of Occurrence, Claim or Suit SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 2. is amended as follows: a. is amended to include: This condition applies only when the "occurrence" or offense is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; or (3) An executive officer or insurance manager, if you are a corporation. b. is amended to include: This condition will not be considered breached unless the breach occurs after such claim or "suit" is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; or (3) An executive officer or insurance manager, if you are a corporation. N. Unintentional Failure To Disclose Hazards SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, 6. Representations is amended to include the following: It is agreed that, based on our reliance on your representations as to existing hazards, if you should unintentionally fail to disclose all such hazards prior to the beginning of the policy period of this Coverage Part, we shall not deny coverage under this Coverage Part because of such failure. O. Transfer of Rights of Recovery Against Others To Us SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, 8. Transfer of Rights of Page 10 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. © 2011 Philadelphia Indemnity Insurance Company PI-GLD-HS (10/11) Recovery Against Others To Us is deleted in its entirety and replaced by the following: If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. Therefore, the insured can waive the insurer's rights of recovery prior to the occurrence of a loss, provided the waiver is made in a written contract. P. Liberalization SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, is amended to include the following: If we revise this endorsement to provide more coverage without additional premium charge, we will automatically provide the additional coverage to all endorsement holders as of the day the revision is effective in your state. Q. Bodily Injury — Mental Anguish SECTION V — DEFINITIONS, Paragraph 3. Is deleted in its entirety and replaced by the following: "Bodily injury" means: a. Bodily injury, sickness or disease sustained by a person, and includes mental anguish resulting from any of these; and b. Except for mental anguish, includes death resulting from the foregoing (Item a. above) at any time. R. Personal and Advertising Injury — Abuse of Process, Discrimination If COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY COVERAGE is not otherwise excluded from this Coverage Part, the definition of "personal and advertising injury" is amended as follows: 1. SECTION V — DEFINITIONS, Paragraph 14.b. is deleted in its entirety and replaced by the following: b. Malicious prosecution or abuse of process; 2. SECTION V — DEFINITIONS, Paragraph 14. is amended by adding the following: Discrimination based on race, color, religion, sex, age or national origin, except when: a. Done intentionally by or at the direction of, or with the knowledge or consent of: (1) Any insured; or (2) Any executive officer, director, stockholder, partner or member of the insured; b. Directly or indirectly related to the employment, former or prospective employment, termination of employment, or application for employment of any person or persons by an insured; Page 11 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. © 2011 Philadelphia Indemnity Insurance Company PI-GLD-HS (10/11) c. Directly or indirectly related to the sale, rental, lease or sublease or prospective sales, rental, lease or sub -lease of any room, dwelling or premises by or at the direction of any insured; or d. Insurance for such discrimination is prohibited by or held in violation of law, public policy, legislation, court decision or administrative ruling. The above does not apply to fines or penalties imposed because of discrimination. Page 12 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. © 2011 Philadelphia Indemnity Insurance Company A`GRLI CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 8(MM!DD4 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Wilson, Washburn & Forster Insurance 16505 NW 13th Ave Miami FL 33169 CONTACT NAME: PHONE FAX A/C, No, Ext): 305-666-6636 (A/C, No): 305-662-7778 E-MAIL ADDR ESS: certificates@wwfins.com INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: Philadelphia Indemnity Ins. Co 18058 INSURED BELAF-1 Belafonte-Tacolcy Center 6161 NW 9th Avenue Miami FL 33127 INSURERB: Tokio Marine Specialty Ins Co 23850 INSURERC: Progressive Express Ins. Co. 10193 INSURERD: United States Liability Ins Co 25895 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 578091205 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. 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 INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF (MMIDD/YYYY) POLICY EXP (MMIDD/YYYY) LIMITS B X COMMERCIAL GENERAL LIABILITY Y PPK2587613-011 8/1/2024 8/1/2025 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $ 100,000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L X AGGREGATE POLICY OTHER: LIMIT APPLIES PRO JECT PER: LOC GENERAL AGGREGATE $ 3,000,000 PRODUCTS - COMP/OP AGG $ 3,000,000 $ C AUTOMOBILE LIABILITY X SCHEDULED Y 02434526 8/1/2024 8/1/2025 COMBINED SINGLE LIMIT (Ea accident) $ 1 000 000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ A X UMBRELLA LIAB EXCESS LIAB X O OCCUR CLAIMS -MADE PHUB875717-011 8/1/2024 8/1/2025 EACH OCCURRENCE $ 2,000,000 AGGREGATE $ DED X RETENTION $ 10,000 $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N / A PER STATUTE OTH- ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ D Directors & Officers ND01068278M 8/1/2024 8/1/2025 Each Claim 1,000,000 Aggregate 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Professional Liability Pol#PPK2587613-011 - Philade phia Effective Dates:08/01 /2024-08/01 /2025 Limits: $1,000,000 Each Occ/$3,000,000 Aggregate Sexual/Physical Abuse Pol#PPK2587613-011 - Philadelphia Effective Dates:08/01 /2024-08/01 /2025 Limits: $1,000,000 Each Occ/$1,00,000 Aggregate See Attached... CERTIFICATE HOLDER CANCELLATION City of Miami Department of Risk Management 444 S.W. 2nd Avenue, 2rd Floor Miami FL 33130 1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 41 101/r „. ACORD 25 (2014/01) © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: BELAF-1 LOC #: ACORO� ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY Wilson, Washburn & Forster Insurance POLICY NUMBER CARRIER NAIC CODE NAMED INSURED Belafonte-Tacolcy Center 6161 NW 9th Avenue Miami FL 33127 EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE Accident Policy Pol#PHPA136107- Philadelphia Ins. Co. Effective Dates:08/01 /2024-08/01 /2025 Limits: Accident Medical Expense: $100,000 Accident Medical Expense Aggregate: No Aggregate Benefit Amount: 100% of Usual & Customary Charge Accident Dental Expense: Included in Medical Deductible: $0 Benefit Period: 52 Weeks Plan Type: Full Excess Accident Death: $25,000 Accidental Dismemberment & Paralysis: $50,000 AD&D and Paralysis Aggregate: $500,000 (per accident) Participant Accident Policy Pol#PHPC005897 - Philadelphia Ins. Co. Effective Dates:08/01 /2024-08/01 /2025 Limits: Accident Medical Expense: $1,000,000 Accident Death $10,000 Accident Dismemberment $10,000 Deductible: $100,00 Plan Type: Full Excess Additional insured status applies on a Primary and Non -Contributory basis for the City of Miami per the attached endorsement. ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Auto coverage schedule 1. 2006 Ford Econo/Club Wgn VIN: 1FBNE31L76HA72667 Policy number: 02434526-0 BELAFONTE-TACOLCY CENTER Paget of 2 Actual Cash Value (plus $2,000.00 Permanently Attached Equip) Garaging Zip Code: 33127 Radius: 50 Liability Liability UM/UIM BI PIP Med Pay Premium $4,780 $1,775 $606 $79 Comp Comp Collision Collision Physical Damage Deductible Premium Deductible Premium Auto Total Premium $1,000 $162 $1,000 $76 $7,478 2008 Chevrolet Express G3500 Actual Cash Value (plus $2,000.00 Permanently Attached Equip) VIN: 1GAHG39K381225466 Garaging Zip Code: 33127 Radius: 50 Liability Liability UM/UIM BI PIP Med Pay Premium $4,429 $1,775 $606 $83 Comp Comp Collision Collision Physical Damage Deductible Premium Deductible Premium Auto Total Premium $1,000 $173 $1,000 $96 $7,162 Premium discounts Policy 02434526-0 Vehicle Business Experience and Package 2006 Ford Econo/Club Wgn Air Bag and Anti -Lock Brakes 2008 Chevrolet Express G3500 Air Bag and Anti -Lock Brakes Additional Insured information 1 . Additional Insured THE CHILDREN'S TRUS 3150 SW 3RD AVE MIAMI, FL 33129 Agent signature /%4 Company officers Secretary Form 6489 FL (01/15) PI-GLD-HS (10/11) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY DELUXE ENDORSEMENT: HUMAN SERVICES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE It is understood and agreed that the following extensions only apply in the event that no other specific coverage for the indicated loss exposure is provided under this policy. If such specific coverage applies, the terms, conditions and limits of that coverage are the sole and exclusive coverage applicable under this policy, unless otherwise noted on this endorsement. The following is a summary of the Limits of Insurance and additional coverages provided by this endorsement. For complete details on specific coverages, consult the policy contract wording. Coverage Applicable Limit of Insurance Page # Extended Property Damage Included 2 Limited Rental Lease Agreement Contractual Liability $50,000 limit 2 Non -Owned Watercraft Less than 58 feet 2 Damage to Property You Own, Rent, or Occupy $30,000 limit 2 Damage to Premises Rented to You $1,000,000 3 H I PAA Clarification 4 Medical Payments $20,000 5 Medical Payments — Extended Reporting Period 3 years 5 Athletic Activities Amended 5 Supplementary Payments — Bail Bonds $5,000 5 Supplementary Payment — Loss of Earnings $1,000 per day 5 Employee Indemnification Defense Coverage $25,000 5 Key and Lock Replacement — Janitorial Services Client Coverage $10,000 limit 6 Additional Insured — Newly Acquired Time Period Amended 6 Additional Insured — Medical Directors and Administrators Included 7 Additional Insured — Managers and Supervisors (with Fellow Employee Coverage) Included 7 Additional Insured — Broadened Named Insured Included 7 Additional Insured — Funding Source Included 7 Additional Insured — Home Care Providers Included 7 Additional Insured — Managers, Landlords, or Lessors of Premises Included 7 Additional Insured — Lessor of Leased Equipment Included 7 Additional Insured — Grantor of Permits Included 8 Additional Insured — Vendor Included 8 Additional Insured — Franchisor Included 9 Additional Insured — When Required by Contract Included 9 Additional Insured — Owners, Lessees, or Contractors Included 9 Additional Insured — State or Political Subdivisions Included 10 Page 1 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. © 2011 Philadelphia Indemnity Insurance Company PI-GLD-HS (10/11) Duties in the Event of Occurrence, Claim or Suit Included 10 Unintentional Failure to Disclose Hazards Included 10 Transfer of Rights of Recovery Against Others To Us Clarification 10 Liberalization Included 11 Bodily Injury — includes Mental Anguish Included 11 Personal and Advertising Injury — includes Abuse of Process, Discrimination Included 11 A. Extended Property Damage SECTION I — COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions, Paragraph a. is deleted in its entirety and replaced by the following: a. Expected or Intended Injury "Bodily injury" or property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. B. Limited Rental Lease Agreement Contractual Liability SECTION I — COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions, Paragraph b. Contractual Liability is amended to include the following: (3) Based on the named insured's request at the time of claim, we agree to indemnify the named insured for their liability assumed in a contract or agreement regarding the rental or lease of a premises on behalf of their client, up to $50,000. This coverage extension only applies to rental lease agreements. This coverage is excess over any renter's liability insurance of the client. C. Non -Owned Watercraft SECTION I — COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions, Paragraph g. (2) is deleted in its entirety and replaced by the following: (2) A watercraft you do not own that is: (a) Less than 58 feet long; and (b) Not being used to carry persons or property for a charge; This provision applies to any person, who with your consent, either uses or is responsible for the use of a watercraft. This insurance is excess over any other valid and collectible insurance available to the insured whether primary, excess or contingent. D. Damage to Property You Own, Rent or Occupy SECTION I — COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE Page 2 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. © 2011 Philadelphia Indemnity Insurance Company PI-GLD-HS (10/11) LIABILITY, Subsection 2. Exclusions, Paragraph j. Damage to Property, Item (1) is deleted in its entirety and replaced with the following: (1) Property you own, rent, or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property, unless the damage to property is caused by your client, up to a $30,000 limit. A client is defined as a person under your direct care and supervision. E. Damage to Premises Rented to You 1. If damage by fire to premises rented to you is not otherwise excluded from this Coverage Part, the word "fire" is changed to "fire, lightning, explosion, smoke, or leakage from automatic fire protective systems" where it appears in: a. The last paragraph of SECTION I — COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions; is deleted in its entirety and replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke, or leakage from automatic fire protective systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in SECTION III — LIMITS OF INSURANCE. b. SECTION III — LIMITS OF INSURANCE, Paragraph 6. is deleted in its entirety and replaced by the following: Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, lightning, explosion, smoke, or leakage from automatic fire protective systems while rented to you or temporarily occupied by you with permission of the owner. c. SECTION V — DEFINITIONS, Paragraph 9.a., is deleted in its entirety and replaced by the following: 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, lightning, explosion, smoke, or leakage from automatic fire protective systems to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract"; 2. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, Subsection 4. Other Insurance, Paragraph b. Excess Insurance, (1) (a) (ii) is deleted in its entirety and replaced by the following: That is insurance for fire, lightning, explosion, smoke, or leakage from automatic fire protective systems for premises rented to you or temporarily occupied by you with permission of the owner; 3. The Damage To Premises Rented To You Limit section of the Declarations is amended to the greater of: Page 3 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. © 2011 Philadelphia Indemnity Insurance Company PI-GLD-HS (10/11) a. $1,000,000; or b. The amount shown in the Declarations as the Damage to Premises Rented to You Limit. This is the most we will pay for all damage proximately caused by the same event, whether such damage results from fire, lightning, explosion, smoke, or leaks from automatic fire protective systems or any combination thereof. F. HIPAA SECTION I — COVERAGES, COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY, is amended as follows: 1. Paragraph 1. Insuring Agreement is amended to include the following: We will pay those sums that the insured becomes legally obligated to pay as damages because of a "violation(s)" of the Health Insurance Portability and Accountability Act (HIPAA). We have the right and the duty to defend the insured against any "suit," "investigation," or "civil proceeding" seeking these damages. However, we will have no duty to defend the insured against any "suit" seeking damages, "investigation," or "civil proceeding" to which this insurance does not apply. 2. Paragraph 2. Exclusions is amended to include the following additional exclusions: This insurance does not apply to: a. Intentional, Willful, or Deliberate Violations Any willful, intentional, or deliberate "violation(s)" by any insured. b. Criminal Acts Any "violation" which results in any criminal penalties under the HIPAA. c. Other Remedies Any remedy other than monetary damages for penalties assessed. d. Compliance Reviews or Audits Any compliance reviews by the Department of Health and Human Services. 3. SECTION V — DEFINITIONS is amended to include the following additional definitions: a. "Civil proceeding" means an action by the Department of Health and Human Services (HHS) arising out of "violations." b. "Investigation" means an examination of an actual or alleged "violation(s)" by HHS. However, "investigation" does not include a Compliance Review. c. "Violation" means the actual or alleged failure to comply with the regulations included in the HIPAA. Page 4 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. © 2011 Philadelphia Indemnity Insurance Company PI-GLD-HS (10/11) G. Medical Payments — Limit Increased to $20,000, Extended Reporting Period If COVERAGE C MEDICAL PAYMENTS is not otherwise excluded from this Coverage Part: 1. The Medical Expense Limit is changed subject to all of the terms of SECTION III - LIMITS OF INSURANCE to the greater of: a. $20,000; or b. The Medical Expense Limit shown in the Declarations of this Coverage Part. 2. SECTION I — COVERAGE, COVERAGE C MEDICAL PAYMENTS, Subsection 1. Insuring Agreement, a. (3) (b) is deleted in its entirety and replaced by the following: (b) The expenses are incurred and reported to us within three years of the date of the accident. H. Athletic Activities SECTION I — COVERAGES, COVERAGE C MEDICAL PAYMENTS, Subsection 2. Exclusions, Paragraph e. Athletic Activities is deleted in its entirety and replaced with the following: e. Athletic Activities To a person injured while taking part in athletics. I. Supplementary Payments SECTION I — COVERAGES, SUPPLEMENTARY PAYMENTS - COVERAGE A AND B are amended as follows: 1. b. is deleted in its entirety and replaced by the following: 1. b. Up to $5000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these. 1.d. is deleted in its entirety and replaced by the following: 1. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $1,000 a day because of time off from work. J. Employee Indemnification Defense Coverage SECTION I — COVERAGES, SUPPLEMENTARY PAYMENTS — COVERAGES A AND B the following is added: We will pay, on your behalf, defense costs incurred by an "employee" in a criminal proceeding occurring in the course of employment. The most we will pay for any "employee" who is alleged to be directly involved in a criminal proceeding is $25,000 regardless of the numbers of "employees," claims or "suits" brought or persons or organizations making claims or bringing "suits. Page 5 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. © 2011 Philadelphia Indemnity Insurance Company PI-GLD-HS (10/11) K. Key and Lock Replacement — Janitorial Services Client Coverage SECTION I — COVERAGES, SUPPLEMENTARY PAYMENTS — COVERAGES A AND B is amended to include the following: We will pay for the cost to replace keys and locks at the "clients" premises due to theft or other loss to keys entrusted to you by your "client," up to a $10,000 limit per occurrence and $10,000 policy aggregate. We will not pay for loss or damage resulting from theft or any other dishonest or criminal act that you or any of your partners, members, officers, "employees", "managers", directors, trustees, authorized representatives or any one to whom you entrust the keys of a "client" for any purpose commit, whether acting alone or in collusion with other persons. The following, when used on this coverage, are defined as follows: a. "Client" means an individual, company or organization with whom you have a written contract or work order for your services for a described premises and have billed for your services. b. "Employee" means: (1) Any natural person: (a) While in your service or for 30 days after termination of service; (b) Who you compensate directly by salary, wages or commissions; and (c) Who you have the right to direct and control while performing services for you; or (2) Any natural person who is furnished temporarily to you: (a) To substitute for a permanent "employee" as defined in Paragraph (1) above, who is on leave; or (b) To meet seasonal or short-term workload conditions; while that person is subject to your direction and control and performing services for you. (3) "Employee" does not mean: (a) Any agent, broker, person leased to you by a labor leasing firm, factor, commission merchant, consignee, independent contractor or representative of the same general character; or (b) Any "manager," director or trustee except while performing acts coming within the scope of the usual duties of an "employee." c. "Manager" means a person serving in a directorial capacity for a limited liability company. L. Additional lnsureds SECTION II — WHO IS AN INSURED is amended as follows: 1. If coverage for newly acquired or formed organizations is not otherwise excluded from this Page 6 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. © 2011 Philadelphia Indemnity Insurance Company PI-GLD-HS (10/11) Coverage Part, Paragraph 3.a. is deleted in its entirely and replaced by the following: a. Coverage under this provision is afforded until the end of the policy period. 2. Each of the following is also an insured: a. Medical Directors and Administrators — Your medical directors and administrators, but only while acting within the scope of and during the course of their duties as such. Such duties do not include the furnishing or failure to furnish professional services of any physician or psychiatrist in the treatment of a patient. b. Managers and Supervisors — Your managers and supervisors are also insureds, but only with respect to their duties as your managers and supervisors. Managers and supervisors who are your "employees" are also insureds for "bodily injury" to a co - "employee" while in the course of his or her employment by you or performing duties related to the conduct of your business. This provision does not change Item 2.a.(1)(a) as it applies to managers of a limited liability company. c. Broadened Named Insured — Any organization and subsidiary thereof which you control and actively manage on the effective date of this Coverage Part. However, coverage does not apply to any organization or subsidiary not named in the Declarations as Named Insured, if they are also insured under another similar policy, but for its termination or the exhaustion of its limits of insurance. d. Funding Source — Any person or organization with respect to their liability arising out of: (1) Their financial control of you; or (2) Premises they own, maintain or control while you lease or occupy these premises. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization. e. Home Care Providers — At the first Named Insured's option, any person or organization under your direct supervision and control while providing for you private home respite or foster home care for the developmentally disabled. f. Managers, Landlords, or Lessors of Premises — Any person or organization with respect to their liability arising out of the ownership, maintenance or use of that part of the premises leased or rented to you subject to the following additional exclusions: g. This insurance does not apply to: (1) Any "occurrence" which takes place after you cease to be a tenant in that premises; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of that person or organization. Lessor of Leased Equipment — Automatic Status When Required in Lease Agreement With You — Any person or organization from whom you lease equipment when you and such person or organization have agreed in writing in a contract or agreement that such person or organization is to be added as an additional insured on your policy. Such person or Page 7 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. © 2011 Philadelphia Indemnity Insurance Company PI-GLD-HS (10/11) organization is an insured only with respect to liability for "bodily injury," "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person or organization. A person's or organization's status as an additional insured under this endorsement ends when their contract or agreement with you for such leased equipment ends. With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. h. Grantors of Permits — Any state or political subdivision granting you a permit in connection with your premises subject to the following additional provision: (1) This insurance applies only with respect to the following hazards for which the state or political subdivision has issued a permit in connection with the premises you own, rent or control and to which this insurance applies: (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners or decorations and similar exposures; (b) The construction, erection, or removal of elevators; or (c) The ownership, maintenance, or use of any elevators covered by this insurance. i. Vendors — Only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions: (1) The insurance afforded the vendor does not apply to: (a) "Bodily injury" or "property damage" for which the vendor 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 that the vendor would have in the absence of the contract or agreement; (b) Any express warranty unauthorized by you; (c) Any physical or chemical change in the product made intentionally by the vendor; (d) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; Page 8 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. © 2011 Philadelphia Indemnity Insurance Company PI-GLD-HS (10/11) (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (h) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (i) The exceptions contained in Sub -paragraphs (d) or (f); or (ii) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (2) This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing. j. Franchisor — Any person or organization with respect to their liability as the grantor of a franchise to you. k. As Required by Contract — Any person or organization where required by a written contract executed prior to the occurrence of a loss. Such person or organization is an additional insured for "bodily injury," "property damage" or "personal and advertising injury" but only for liability arising out of the negligence of the named insured. The limits of insurance applicable to these additional insureds are the lesser of the policy limits or those limits specified in a contract or agreement. These limits are included within and not in addition to the limits of insurance shown in the Declarations I. Owners, Lessees or Contractors — Any person or organization, but only with respect to liability for "bodily injury," "property damage" or "personal and advertising injury" caused, in whole or in part, by: (1) Your acts or omissions; or (2) The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured when required by a contract. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: (a) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (b) That portion of "your 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 a part of the same project. Page 9 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. © 2011 Philadelphia Indemnity Insurance Company PI-GLD-HS (10/11) m. State or Political Subdivisions — Any state or political subdivision as required, subject to the following provisions: (1) This insurance applies only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit, and is required by contract. (2) This insurance does not apply to: (a) "Bodily injury," "property damage" or "personal and advertising injury" arising out of operations performed for the state or municipality; or (b) "Bodily injury" or "property damage" included within the "products -completed operations hazard." M. Duties in the Event of Occurrence, Claim or Suit SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 2. is amended as follows: a. is amended to include: This condition applies only when the "occurrence" or offense is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; or (3) An executive officer or insurance manager, if you are a corporation. b. is amended to include: This condition will not be considered breached unless the breach occurs after such claim or "suit" is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; or (3) An executive officer or insurance manager, if you are a corporation. N. Unintentional Failure To Disclose Hazards SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, 6. Representations is amended to include the following: It is agreed that, based on our reliance on your representations as to existing hazards, if you should unintentionally fail to disclose all such hazards prior to the beginning of the policy period of this Coverage Part, we shall not deny coverage under this Coverage Part because of such failure. O. Transfer of Rights of Recovery Against Others To Us SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, 8. Transfer of Rights of Page 10 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. © 2011 Philadelphia Indemnity Insurance Company PI-GLD-HS (10/11) Recovery Against Others To Us is deleted in its entirety and replaced by the following: If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. Therefore, the insured can waive the insurer's rights of recovery prior to the occurrence of a loss, provided the waiver is made in a written contract. P. Liberalization SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, is amended to include the following: If we revise this endorsement to provide more coverage without additional premium charge, we will automatically provide the additional coverage to all endorsement holders as of the day the revision is effective in your state. Q. Bodily Injury — Mental Anguish SECTION V — DEFINITIONS, Paragraph 3. Is deleted in its entirety and replaced by the following: "Bodily injury" means: a. Bodily injury, sickness or disease sustained by a person, and includes mental anguish resulting from any of these; and b. Except for mental anguish, includes death resulting from the foregoing (Item a. above) at any time. R. Personal and Advertising Injury — Abuse of Process, Discrimination If COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY COVERAGE is not otherwise excluded from this Coverage Part, the definition of "personal and advertising injury" is amended as follows: 1. SECTION V — DEFINITIONS, Paragraph 14.b. is deleted in its entirety and replaced by the following: b. Malicious prosecution or abuse of process; 2. SECTION V — DEFINITIONS, Paragraph 14. is amended by adding the following: Discrimination based on race, color, religion, sex, age or national origin, except when: a. Done intentionally by or at the direction of, or with the knowledge or consent of: (1) Any insured; or (2) Any executive officer, director, stockholder, partner or member of the insured; b. Directly or indirectly related to the employment, former or prospective employment, termination of employment, or application for employment of any person or persons by an insured; Page 11 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. © 2011 Philadelphia Indemnity Insurance Company PI-GLD-HS (10/11) c. Directly or indirectly related to the sale, rental, lease or sublease or prospective sales, rental, lease or sub -lease of any room, dwelling or premises by or at the direction of any insured; or d. Insurance for such discrimination is prohibited by or held in violation of law, public policy, legislation, court decision or administrative ruling. The above does not apply to fines or penalties imposed because of discrimination. Page 12 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. © 2011 Philadelphia Indemnity Insurance Company PI-GL-005 (07/12) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED PRIMARY AND NON-CONTRIBUTORY INSURANCE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Effective Date: 08/01/2016 Name of Person or Organization (Additional Insured): City of Miami SECTION II — WHO IS AN INSURED is amended to include as an additional insured the person(s) or organization(s) shown in the endorsement Schedule, but only with respect to liability for "bodily injury," "property damage" or "personal and advertising injury" arising out of or relating to your negligence in the performance of "your work" for such person(s) or organization(s) that occurs on or after the effective date shown in the endorsement Schedule. This insurance is primary to and non-contributory with any other insurance maintained by the person or organization (Additional Insured), except for loss resulting from the sole negligence of that person or organization. This condition applies even if other valid and collectible insurance is available to the Additional Insured for a loss or "occurrence" we cover for this Additional Insured. The Additional Insured's limits of insurance do not increase our limits of insurance, as described in SECTION III — LIMITS OF INSURANCE. All other terms, conditions, and exclusions under the policy are applicable to this endorsement and remain unchanged. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. ACCORD ® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 04/23/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Data Processing Insurance Agency, Inc. 1 Adp Boulevard Roseland NJ 07068 CONTACT Automatic Data Processing Insurance Agency, Inc. NAMEAutomatic PHONE NN , Ext): 1-800-524-7024 FAX No): E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER : Twin City Fire Insurance Company 29459 INSURED Belafonte Tacolcy Center, Inc. DBA: Belafonte Tacolcy Center Inc 6161 NW 9th Ave Miami FL 33127 INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 4269313 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. 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 INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF (MMIDD/YYYY) POLICY EXP (MMIDD/YYYY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS -MADE OCCUR DAMAGE RED PREMISESO(Ea ooccu rrence) $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE POLICY OTHER: LIMIT APPLIES PRO- JECT PER: LOC GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $ AUTOMOBILE LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY SCHEDULED AUTOS NON -OWNED AUTOS ONLY COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORPARTNER/EXOFFICER/MEMBEER/EXCLUDED?ECUTIVE (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below YYN N/A N 76WEGDX0585 06/01/2025 06/01/2026 /\ PER STATUTE OTH- ER E.L.EACHACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Insured Locations: 6161 NW 9th Ave, Miami, FL 33127 CERTIFICATE HOLDER CANCELLATION RED COPY thELOia7COPY NVSURED CGGFY WJ ED COPY PEEPED COPY INSURED COPY AGLPREOCORY NCB "(.0,451,fliW COPY N'.SL•RLPD DOPY lIVSURE3COPY R\WHED CO '' INSURED GGlfY U D'GLf Y lIVSLFtW LO 'RED copy AISUF€DCOPY MUFEDCOPY aS+ D CCFYR1EUREDca'Y INSLFEDCawilVSL D[OPYP 't SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE YA,sLvEDCOPY N URE3CDPVN• UREJMeVINSU OCR' VSURMCM' AS CCFYISLREDCO RED COPY AS!-Air'nr Y +, :• ,p-r C^a, 7,;,71,pmrnmr rn.F...0rn.mmr. mrt ,,,,,, asuREDoop,, Nam`: THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN "r ASUFEDCOY ' 'DRYlNSUSEDCZI ACCORDANCE WITH THE POLICY PROVISIONS. .FED COPY ASV '3URISDODRY NS INSURED coPw '( VSUFED COP1 _, Fr' N .URDCZ, RED CaPY A�6L'-- N .- Y •, . ,,LSREULZPY NUS. AUTHORIZED REPRESENTATIVE REDCaw AJsta ,-UPY IA SLkLe NUk u,, r , J''HLL) Lt W n-.- r AiSLfREDCOPr' N � %% �1t +',(ate rP . f r'r 1.:JRFD OOPY RVSLRED Ca?' hvF+ P' , ri-FY h ('! PM r' cY , -1 ARM rr- l t - ,SPY ASURED COPY AAL,iF' ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Attachment G Corporate Resolution from Pro2rammin2 Partner WHEREAS, Belafonte TACOLCY Center, Inc. ("Company") desires to enter into an agreement with the City of Miami substantially in the form of the agreement to which this Resolution is attached (the "Agreement"); and WHEREAS, the Board of Directors or Managing Members as applicable ("Governing Body") at a duly held meeting has considered the matter in accordance with the company's by-laws; and NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY that the Company intends to enter into the Agreement with the City of Miami and be bound by its terms and the Shownda Pagan ("Authorized Person") as Belafonte TACOLCY Center,ethe Company is hereby authorized and directed to execute the Agreement in the name of this Company and to execute any other documents and perform any acts in connection therewith as may be required to accomplish its purpose. BY: IN WITNESS WHEREOF, this day of 20 Witness Signature Witness Name By: Shownda Pagan, CEO Chairperson of Governing Body or Authorized Officer Affix Corporate Seal if applicable Attachment H City Resolution No. R-25-0090 Attached on the following pages City of Miami Resolution R-25-0090 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 17245 Final Action Date: 3/13/2025 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BYA FOUR -FIFTHS (4/STHS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S RECOMMENDATION AND FINDINGS, ATTACHED AND INCORPORATED AS EXHIBIT "A," THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS FOR THE CITY OF MIAMI ("CITY") PURSUANT TO SECTION 18-86(A)(3)(C) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A PROGRAMMING PARTNERSHIP AGREEMENT ("PPA") BETWEEN THE CITY AND BELAFONTE TACOLCY CENTER INCORPORATED, A FLORIDA NOT - FOR -PROFIT CORPORATION, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY AND BOND COUNSEL, TO PROVIDE PARK PROGRAMMING SERVICES, INCLUDING AFTER -SCHOOL TUTORING, COUNSELING, COMPUTER EDUCATION AND SPORTS SERVICES AT THE CITY -OWNED BELAFONTE TACOLCY CENTER PARK, LOCATED AT 6161 NORTHWEST 9 AVENUE, MIAMI, FLORIDA ("PURPOSE") FOR THE CONTRACT PERIOD COMMENCING OCTOBER 1, 2024 THROUGH SEPTEMBER 30, 2039; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE SERVICE AUTHORIZATION LETTERS AND TO NEGOTIATE AND TO EXECUTE THE NECESSARY DOCUMENTS, AMENDMENTS, EXTENSIONS, RENEWALS, AND MODIFICATIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY AND BOND COUNSEL, TO IMPLEMENT ACCEPTANCE OF AND COMPLIANCE WITH SAID PPA; AUTHORIZING THE EXPENDITURE AND ALLOCATION OF FUNDS IN AN AMOUNT NOT TO EXCEED ONE HUNDRED THOUSAND, SIX HUNDRED SEVENTY FIVE DOLLARS ($100,675.00) FOR THE SERVICES IN FISCAL YEAR 2024-2025 FROM THE PARKS AND RECREATION GENERAL FUND ACCOUNT NO. 00001.291001.882000.0000.0000, WITH FUTURE FISCAL YEARS FUNDING SUBJECT TO BUDGETARY APPROVAL. SPONSOR(S): Commissioner Christine King WHEREAS, the City of Miami ("City") has previously entered into agreements with Belafonte Tacolcy Center Incorporated, a Florida not -for -profit corporation ("Belafonte Tacolcy"), to provide programming services, including, but not limited to, after -school tutoring, counseling, computer education and sports services for at -risk youth ("Services") at the City -owned Belafonte Tacolcy Center Park, located at 6161 Northwest 9th Avenue, Miami, Florida ("Park"); and WHEREAS, the City's Department of Parks and Recreation ("Department") has recommended and found that Belafonte Tacolcy is the most qualified firm to continue to provide said Services at the Park; and City of Miami Page 1 of 3 File ID: 17245 (Revision:) Printed On: 3/21/2025 File ID: 17245 Enactment Number: R-25-0090 WHEREAS, both the City and Belafonte Tacolcy understand that the facilities that Belafonte Tacolcy uses at the Park to provide the Services may have been or may be renovated or improved by tax-exempt bond funding, which requires both the City and Belafonte Tacolcy to comply with Internal Revenue Code rules and regulations regarding uses of tax-exempt bond - financed facilities, as applicable; and WHEREAS, the City Manager has approved the recommendations of the Department and has made findings, attached and incorporated as Exhibit "A," pursuant to Section 18- 86(a)(3)(c) of the Code of the City of Miami, Florida, as amended, that competitive negotiation methods and procedures are not practicable or advantageous for obtaining said Services, and has recommended to the City Commission that said recommendations and findings be adopted, and that competitive bidding methods and procedures be waived; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble of this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. Pursuant to Section 18-86(a)(3)(c) of the City Code, by a four -fifths (4/5ths) affirmative vote, after an advertised public hearing, the City Manager's recommendations and findings, attached and incorporated as Exhibit "A," that competitive negotiation methods and procedures are not practicable or advantageous to the City for the Services and waiving the requirements for said procedures, is ratified, approved, and confirmed. Section 3. The City Manager is authorized' to negotiate and execute a Programming Partnership Agreement ("PPA") between the City and Belafonte Tacolcy, in a form acceptable to the City Attorney and Bond Counsel as applicable, to provide the Services at the Park for the contract period commencing October 1, 2024 through September 30, 2039. Section 4. The City Manager is further authorized' to execute service authorization letters and to negotiate and to execute the necessary documents, amendments, extensions, renewals, and modifications, all in forms acceptable to the City Attorney and Bond Counsel, to implement acceptance of and compliance with the PPA. Section 5. Funds in an amount not to exceed one hundred thousand, six hundred seventy five dollars ($100,675.00) for Fiscal Year 2024-2025 are authorized' to be expended and allocated for the Services from the Parks and Recreation General Fund Account No. 00001.291001.882000.0000.0000, with future Fiscal Years funding subject to budgetary approval. Section 6. This Resolution shall become effective immediately upon its adoption. 1 The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney including but not limited to those prescribed by applicable City Charter and City Code provisions. City of Miami Page 2 of 3 File ID: 17245 (Revision:) Printed on: 3/21/2025 File ID: 17245 Enactment Number: R-25-0090 APPROVED AS TO FORM AND CORRECTNESS: ge Wy j ng III, C1ty ttor -y 2/28/2025 City of Miami Page 3 of 3 File ID: 17245 (Revision:) Printed on: 3/21/2025 Attachment I Services Authorization Letter Not Applicable Olivera, Rosemary From: Aleixo, Rafaella Sent: Wednesday, July 23, 2025 10:45 AM To: Hannon, Todd; Olivera, Rosemary; Ewan, Nicole Cc: Zapata, Elizabeth Subject: Belafonte Tacolcy Center Agreement Attachments: BELAFONTE_TACOLCY_AGREEMENT_-_7-14-25_---.pdf Good Morning, Please find attached a fully executed copy of the agreement from DocuSign that is to be considered an original agreement for your records. Regards, Rafaella Aleixo Assistant to the Director City of Miami Parks & Recreation Department 444 SW 2' Avenue, 8th Floor, Miami, FL 33130 (305) 416-1314 raleixo@miamigov.com www.miamigov.com/parks Ong Follow us on social media 1