Tempus - Web Payment.M TEMPUS ~
TECHNOLOGIES
MASTER GATEWAY SERVICES AGREEMENT
THIS MASTER GA TEWA y SERVICES AGREEMENT, dated the latest date written below the signatures hereto (the
"Effective Date"), is entered into between TEMPUS TECHNOLOGIES, INC. ("Tempus"), having the principal address
set fo1ih below Tempus' signature, and the Merchant shown below ("Merchant"), having the principal address set
forth below Merchant's signature. For good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the paiiies hereby agree as follows:
By executing below, Tempus and Merchant agree to all the terms and conditions contained in this Master
Gateway Services Agreement, which consists of this page, the General Terms and Conditions attached hereto, the Fee
Schedule attached hereto, and the City of Hialeah's Insurance Checklist, attached hereafter and incorporated herein as
Exhibit "A" (collectively, this "Agreement"). The parties acknowledge that the parties may have previously, and may
from time to time in the future, enter into other documents, instruments, agreements or contracts including, without
limitation, one or more Statements of Work (each, an "Other Agreement") and that any Other Agreement is subject
to the terms and conditions and disclaimers and limitations of this Agreement. In the event of any conflict between
any Other Agreement and this Agreement, this Agreement shall control. This Agreement, along with any Other
Agreement, constitutes the entire agreement between the pa1iies regarding the subject matter hereof and supersedes
all proposals and discussions and writings between the parties with respect thereto. It is expressly agreed that the terms
of any Merchant purchase order or other ordering document shall be without force and effect.
The term of this Agreement shall begin on the Effective Date and continue for a period of three (3) years
from the date of the first invoice for recurring gateway fees from Tempus (the "Initial Term"). This Agreement shall
extend for additional terms of one (I) year (each, a "Renewal Term" and collectively with the Initial Term, the
"Term") unless one patiy gives the other party written notice of non-renewal at least ninety (90) calendar days prior
to the end of the Initial Term or any Renewal Term.
"Tempus"
Tempus Technologies, Inc.
Address for Notice:
635 West 11 'h Street
Auburn, Indiana 46706
Attn: President
By:
Title:
Print Name:
Date: lb . z 4' . ,,
"Merchant"
City of Hialeah
Address for Notice:
501 Palm Ave.
Hialeah, FL 33010
Attn: ______ __.L-----~~--~-
By:
Title:
Print Name: Carlos Hernandez
Date:
Page I of8
DMS 4782403vl0
GENERAL TERMS AND CONDITIONS
1. Software License: Services. Pursuant to the terms and
conditions of this Agreement, (a) Tempus agrees to provide
Merchant with payment transaction gateway services involving
the delivery of payment transaction authorization and
settlement data to and from Merchant and transaction
processors, and related services (the "Services") and (b)
Tempus hereby grants Merchant a non-exclusive, non-
assignable, and non-transferrable license to access and use the
PaymentMate® software only in connection with the Services
(the "License"). Merchant hereby accepts the Services and the
License, agrees to use such only for bona fide transactions, and
agrees to pay the fees set fo1th herein. Merchant shall not allow
any third patty to use the Services or the PaymentMate®
software. The provision of the Services and the License granted
hereunder shall be for the Term.
2. Payment. Merchant shall pay Tempus the fees, costs,
expenses, and charges as set forth on the Fee Schedule or
otherwise set fotth in this Agreement and in any Other
Agreement ("Fees"). Fees do not include any sales, use, value-
added, excise, prope1ty, withholding, and other taxes and
duties, and Merchant agrees to pay all such taxes and duties.
Any third-party billing fees to Tempus, on behalf of the
Merchant, will be passed on and invoiced directly to the
Merchant for payment. Merchant shall pay all invoiced Fees
(with the exception of SOW's and LO!s that are due upon
receipt) within thi1ty (30) days of the invoice date. Invoices not
paid by the due date are subject to interest charges at the rate
of 1.0% per month on the unpaid amount from the due date
until paid, or the highest allowable interest rate, whichever is
less.
3. Tempus Proprietary Information. Any business,
operational, or technical information provided by one party
(the "Disclosing Party") to the other patty (the "Receiving
Party") (collectively, Disclosing Party information is
"Proprietary Information") contains valuable and
confidential information that is proprietary to the Disclosing
Patty and which the Receiving Party agrees includes and
constitutes trade secrets and unpublished copyrighted material
of the Disclosing Patty, when such information is marked
"confidential" by the Disclosing Party. The Receiving Party
agrees to, and will, maintain the confidentiality of, and the
Receiving Party agrees not to, and will not disclose, Proprietary
Information of the Disclosing Party. The Receiving Party
agrees to only use Proprietary Information of the Disclosing
Party as necessary in connection with this Agreement. Nothing
in this Agreement shall be construed to convey any title or
ownership rights to any Proprietary Information of the
Disclosing Party to the Receiving Patty. The Receiving Party
shall not sublicense, rent, assign, or transfer any Proprietary
Information of the Disclosing Party and shall not reproduce,
perform, display, prepare derivative works of, reverse
engineer, or distribute any Proprietary Information of the
Disclosing Patty. The parties agree that any confidentiality
agreement, non-disclosure agreement or similar agreement
between the parties and/or their affiliates is hereby terminated
and of no fmther force or effect and all confidentiality
obligations of the parties shall be governed by this Agreement.
The parties understand and agree that all confidentiality
obligations are subject and subordinate to the disclosure
requirements of Chapter 119 of the Florida Statutes, the Florida
Public Records Law. The Receiving Party recognizes that the
confidentiality obligations in this Section 3 of this Agreement
are reasonable and necessary to protect the legitimate interests
of the Disclosing Party, that the Disclosing Party would not
have entered into this Agreement in the absence of such
obligations, and that the Receiving Party's breach or threatened
breach of such obligations would cause the Disclosing Party
irreparable harm and significant injury, the amount of which
would be extremely difficult to estimate and asce1tain, thus,
making any remedy at law or in damages inadequate.
Therefore, the Receiving Patty agrees that the Disclosing Party
shall be entitled, without the necessity of posting of any bond
or security, to the issuance of injunctive relief by any coutt of
competent jurisdiction enjoining any breach or threatened
breach of such covenants, for specific performance and for any
other relief such court deems appropriate. This right shall be in
addition to any other remedy available to the Disclosing Party
at law or in equity.
4. Cardholder Data. Tempus shall have no ownership or license
of, any personally identifiable information (as that term is used
in information security and privacy laws) of any cardholder of
Merchant including, without limitation, any number assigned
by a payment card issuer, whether it is a credit card or a debit
card, to identify the cardholder's account and that is linked to
the cardholder ("Pll").
5. Work Product. Merchant agrees that Tempus will own
exclusively all information, data, materials, discoveries,
inventions, works of authorship, documents, documentation,
models, computer programs, software (including source code
and object code), firmware, web pages, databases, content,
designs, drawings, specifications, processes, procedures,
techniques, algorithms, diagrams, methods, and all tangible
embodiments of each of the foregoing (in whatever form and
media) and all other works that are conceived, created, reduced
to practice, or prepared by or for Tempus whether or not at the
request of Merchant, and that are related in any way to or are
within the scope of the Services, the License or the
PaymentMate® software whether or not prepared on
Merchant's premises ("Work Product").Merchant also
acknowledges and agrees that Tempus shall own all intellectual
property rights arising from the creation or development of
Work Product throughout the world (which include, without
limitation, mask works, trademarks, inventions (whether or not
patentable), know how, authors' rights, rights of attribution,
and other proprietaty rights and all applications and rights to
apply for registration or protection of such rights) ("Tempus
Page 2 of 8
IP"). Merchant does not claim any right in such Tempus IP,
even if incorporated with Work Product and, except as set forth
herein, no license is granted to Tempus IP. Except to the extent
permitted by applicable law, Merchant shall not disassemble,
decompile, decrypt, extract, reverse engineer, prepare a
derivative work based upon, distribute, or time share the
Services, the License or the PaymentMate® software or any
Work Product of Tempus IP or any components thereof, or
otherwise apply any procedure or process to the Services, the
License or the PaymentMate® software or any Work Product
of Tempus IP or components thereof in order to ascertain,
derive, and/or appropriate for any reason or purpose, the source
code or source listings or any algorithm, data, process,
procedure or other information contained therein. Merchant
shall not rent, sell, resell, lease, sublicense, loan or otherwise
transfer the Services, the License or the PaymentMate®
software or any Work Product of Tempus IP or components
thereof. Notwithstanding the foregoing, to the extent that
Merchant or its employees create any work that is based upon
one or more preexisting versions of a work provided to
Merchant, such as an enhancement or modification, revision,
translation, abridgement, condensation, expansion, collection,
compilation or any other form in which such preexisting works
may be recast, transformed or adapted (each, a "Derivative
Work") such Derivative Work shall be owned by Tempus and
all right, title and interest in and to each such Derivative Work
shall automatically vest in Tempus. Tempus shall have no
obligation to grant Merchant any right in any such Derivative
Work.
6. Termination. This Agreement may be terminated prior to the
expiration of the Term by either party if: (a) the other patiy
breaches any provision of this Agreement and the breach is not
cured within thitiy (30) days after notice from the non-
breaching patiy to the breaching patiy; (b) the other party
becomes the subject of any bankruptcy or insolvency
proceeding which is not stayed or dismissed within thirty(30)
days after the commencement thereof; or (c) the applicable
contract that Merchant has with the third patiy financial
processor that performs the back-end authorization and
processing of transactions between the Merchant's financial
institution and the cardholder's bank that are accessed through
the Services expires or terminates and Tempus agrees that the
successor third party financial processor's services and
programs may not be accessed by the Services.
7. Rights and Duties upon Expiration or Termination. Upon
expiration or earlier termination of this Agreement, the
Services and the License and Merchant's right to access and
use the Services and the PaymentMate® software and any right
to use the Work Product, Tempus IP and Tempus Proprietary
Information and all other items (collectively, "Tempus
Items") shall immediately terminate and cease, and Tempus
will have the right to take immediate possession of all Tempus
Items and Merchant shall (a) immediately stop access and use
of all Tempus Items; (b) shall return all copies of Temp us Items
to Tempus; and ( c) delete all Tempus Items off of any and all
storage media possessed or controlled by Merchant.
Notwithstanding the foregoing, Tempus shall grant Merchant
access to Tempus Items, as needed to complete the processing
of any pending transactions from the prior business day. The
rights and obligations of the parties contained in Sections 2
through 8, I 0, 13 through 22, 24 through 26, and the Fee
Schedule, shall survive any termination or expiration of this
Agreement.
8. Encryption. Merchant agrees that it is responsible for
acquiring and maintaining the right to use encryption
technology, and insuring all data that is transmitted in
connection with the Services is encrypted. Merchant agrees
that through the use of end-to-end encryption, Tempus will not
receive any Pll. In the event Merchant desires to use encryption
other than end-to-end encryption (for example point-to-point
encryption) or no encryption, Merchant acknowledges that
Tempus may receive Pll and Merchant hereby agrees to take
all risk associated therewith and agrees to indemnify and hold
harmless, and if requested by Tempus, defend Temp us against
any and all loss, liability, claim, obligation, cost, or expense
(including reasonable attorneys' fees) resulting from any
disclosure of Pll. Nothing in this Agreement shall constitute a
waiver of the Merchant's sovereign immunity beyond the
limits set forth in section 768.28 of the Florida Statutes.
Without limiting the foregoing, in no event will Tempus have
any liability or obligation in the event any encryption is hacked,
breached or compromised.
9. PCI Security Compliance. Tempus warrants that the
PaymentMate® software is compliant with the Payment
Application Data Security Standard ("PA-DSS"), formerly
referred to as the Payment Application Best Practices
("PABP"), created by the Payment Card Industry Security
Standards Council ("PCI SSC"). Tempus warrants that it
maintains validation that Tempus is compliant with the
Payment Card Industry Data Security Standard ("PCI DSS")
administered by the PCI SSC. Even though Tempus warrants
the foregoing (and without limiting the foregoing), Merchant
recognizes and accepts that Tempus cannot eliminate the risk
of unintentional and unauthorized intrusion, hackers, viruses,
corrupted media, or similar problems. Merchant also
acknowledges and agrees that it has and shall continue to
implement PCI DSS and maintain compliance with the PCI
DSS, which are currently available at
https://www.pcisecuritystandards.org.
I 0. No Infringement Warranty. Temp us warrants that the
PaymentMate® software does not infringe on any valid U.S.
registered patent, trademark or copyright and that the Services
do not misappropriate any third patiy's trade secret. Tempus'
warranty shall not apply to Merchant's modification of any of
the Services or the PaymentMate® software, or combination of
any Services or PaymentMate® software with other services or
software or components not provided by Tempus. If a
competent cowi holds or a written allegation asserts that the
PaymentMate® software or the Services infringes a valid U.S.
patent, copyright, or trademark, or misappropriates any trade
secret, then, subject to the limitations contained in Section 14,
Tempus shall indemnify, defend and hold harmless the
Merchant and its officials, directors, and employees
(collectively referred to as "Indemnitees) from any and all
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kinds of claims, suits, causes of action, damages, losses,
liabilities, costs or expenses, including court costs and
attorney's fees at all level of proceedings (including appellate
level), and any judgments, orders or decrees entered thereon or
resulting therefrom, for any injury, loss, damage, liability, costs
or expense of any kind, arising out of, resulting from or relating
to the Services, Tempus Items, or the PaymentMate® software.
11. Software and Service Warranty. Tempus warrants that the
PaymentMate® software will be free from material defects in
materials and workmanship under normal use. Tempus
warrants that the Services will be performed in accordance with
generally applicable industry standards.
12.General Representations and Warranties. Each party
represents and warrants to the other that (a) it has company
authority to execute and perform this Agreement; (b) executing
this Agreement does not constitute a material conflict with,
breach, or default under any applicable law, its respective
organizational documents, or any documents, agreements,
contracts or instruments which are binding upon it; and (c) this
Agreement creates valid, legal, and binding obligation
enforceable against it, subject to applicable insolvency and
bankruptcy laws.
13.Disclaimer. EXCEPT FOR ANY WARRANTIES
EXPRESSLY SET FORTH IN SECTIONS 10, 11 , AND 12
OF THESE TERMS AND CONDITIONS, TEMPUS
HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS,
IMPLIED, OR STATUTORY, INCLUDING, BUT NOT
LIMJTED TO, ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, NONINFRJNGEMENT, OR
FITNESS FOR A PARTICULAR PURPOSE, AND ANY
WARRANTIES OF QUALITY OR PERFORMANCE.
MERCHANT ACKNOWLEDGES THAT TEMPUS HAS
NOT REPRESENTED OR WARRANTED THAT THE
SERVICES OR PAYMENTMATE® SOFTWARE WILL BE
UNINTERRUPTED, ERROR FREE OR WITHOUT DELAY
OR WITHOUT COMPROMISE OF THE SECURITY
SYSTEMS RELATED TO THE SERVICES, OR THAT ALL
ERRORS WILL BE CORRECTED.
14. Limitations. TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW, IN NO EVENT SHALL EITHER
PARTY BE LIABLE FOR, NOR SHALL EITHER PARTY
MAKE ANY CLAIM FOR (WHETHER BASED ON
CONTRACT, TORT, STRICT OR STATUTORY
LIABILITY, NEGLIGENCE, OR OTHERWISE), ANY
SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE,
INDIRECT, OR CONSEQUENTIAL DAMAGES (EVEN IF
MERCHANTAND/OR TEMPUS HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES), INCLUDING,
BUT NOT LIMITED TO, LOST PROFITS OR SAVINGS,
LOSS OF USE OF SERVICES OR SOFTWARE, COST OF
CAPITAL, COST OF SUBSTITUTE SERVICES OR
SOFTWARE, DOWNTIME COSTS,OR DAMAGES AND
EXPENSES. NOTWITHSTANDING ANYTHING HEREIN
OR ANY OTHER AGREEMENT OR OTHERWISE TO THE
CONTRARY, IN NO EVENT WILL TEMPUS'S
AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS
OR DAMAGES EXCEED THE TOTAL PAYMENTS
ACTUALLY MADE TO TEMPUS BY MERCHANT
UNDER THIS AGREEMENT FOR THE SERVICES FOR
THE SIX (6) MONTH PERIOD PRECEEDING THE DATE
THE LIABILITY ACCRUES FROM SUCH CLAIM.
15. Exclusions. Tempus will not be responsible or liable for those
things that are, or would reasonably be expected to be, within
the control of Merchant or processor or not within the control
of Tempus or the scope of the Services including, without
limitation, (a) time sending and retrieving data from the
processor, the issuer and the Bankcard Association's system,
(b) any delay resulting from any person or entity other than
Tempus, such as (but not limited to) network carriers and
communication carriers, (c) authorization timeouts, voids,
reversals, offline transactions, and invalid format
authorizations, (d) any component for which Tempus is not
responsible, including but not limited to, all Merchant-
provided or Merchant-managed electrical power sources,
networking equipment, computer hardware, computer software
or Internet and telecommunications access, (e) establishing,
hosting and maintenance of its Web site(s) and its connection
to the Internet, (t) incomplete integration ofTempus' API, (g)
Merchant-initiated changes (e.g., if Merchant requests for
change that requires Tempus to take the system down during
business service hours) whether implemented by Merchant or
Tempus on behalf of Merchant, (h) acts or omissions of
Merchant, its employees, agents or third party contractors, (i)
Merchant providing inadequate network capacity or bandwidth
or for delays caused by the flow of data generally outside
Tempus' control, U) the accuracy of the data or information
provided to Tempus, (k) force majeure events described in this
Agreement, (I) use of organizational communication tools
other than those recommended by Tempus, and (m) hack,
breach or compromise of Merchant or encryption or the fact
Merchant did not encrypt data, (m) use of organizational
communication tools that are not directed by Tempus.
16. No Assignment. Neither party may assign this Agreement nor
any right or license granted or created hereunder, except in
connection with a sale of all or substantially all of its assets,
merger or consolidation, reorganization, or change in control.
This Agreement shall inure to the benefit of and be binding on
the parties hereto and their successors and permitted assigns.
17. Relationship of Parties. The pat1ies are independent
contractors and nothing in this Agreement shall be deemed to
make either party an agent, employee, partner or joint venturer
of the other party. Neither party shall have the authority to bind,
commit, or otherwise obligate the other pat1y in any manner
whatsoever.
18. Use of Name for Marketing. Tempus may use Merchant's
name to list Merchant as a customer of Tempus in published
materials, after obtaining written approval from the Merchant.
In no event shall Tempus utilize Merchant's seal.
19. Severable. If any portion of this Agreement is determined to
be or becomes unenforceable or illegal, such portion shall be
deemed eliminated and the remainder of this Agreement shall
remain in effect in accordance with its terms as modified by
such deletion.
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20. Modification. The parties agree that this Agreement cannot be
altered, amended or modified, except in writing that is signed
by an authorized representative of both parties.
21.Jurisdiction. This Agreement shall be construed and enforced
according to the laws of the State of Florida. Venue for any
litigation, which may arise in connection with this Agreement,
shall be in Miami-Dade County, Florida. Tempus agrees to be
subject to the jurisdiction (subject matter and in personam) of
the courts in Miami-Dade County, Florida and amenable to
process.
22. Notice. Any notice required under this Agreement or any Other
Agreement shall be given in writing and shall be deemed
effective upon mailing by first class mail, properly addressed
and postage prepaid, or delivery by courier service to the
address set fotth below the parties' signatures, or to such other
address as the patties may designate in writing.
23. Force Majeure. Neither party shall be deemed in default
hereunder, nor shall it hold the other patty responsible for, any
cessation, interruption or delay in the performance of its
obligations hereunder, except for Merchant's payment
obligations hereunder, due to earthquake, flood , fire, storm,
natural disaster, act of God, war, terrorism, armed conflict,
labor strike, lockout, or boycott, provided that the party relying
upon this Section shall give the other party written notice
thereof and shall take all steps reasonably necessary under the
circumstances to mitigate the effects of the force majeure event
upon which such notice is based; provided, however, that in the
event a force majeure event described in this Section extends
for a period in excess ofthitty (30) days in the aggregate, either
patty may immediately terminate the Agreement.
24. No Intended Third Party Beneficiaries. This Agreement is
entered into solely for the benefit of the Merchant and Tempus.
No third party will be deemed a beneficiary of this Agreement,
and no third party will have the right to make any claim or
assett any right under this Agreement. This provision does not
affect the rights of third parties under any Third Patty Terms.
25. Sovereign Immunity: Nothing in this Agreement shall be
interpreted or construed to mean that the Merchant waives its
common law sovereign immunity or the limits of liability set
forth in Section 768.28, Florida Statutes.
26. Availability o'f funds. The obligations of the Merchant under
this Agreement are subject to the availability of funds lawfully
appropriated for its purpose by the City Council.
27. Insurance. Tempus shall provide, pay for an maintain in force
at all times during the term of this Agreement, such insurance,
in such amounts as more patticularly described in the City of
Hialeah Insurance Checklist, attached hereafter and
incorporated herein as Exhibit "A". Tempus shall provide
Merchant with a Cettificate of Insurance or copy of all
insurance policies required by this section.
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FEE SCHEDULE
Tempus Gateway Account Creation
• $249.00 one-time setup fee per gateway account
Monthly Fees -the greater of in aggregate across all gateway accounts
• $250.00 monthly minimum OR per authorized transaction fee (including, but not limited to, the following
examples: sale, void, reverse, token, credit) based on grid below:
Number
0-1000
1001-2500
2501-5000
5001 +
Optional Services
Fee
.15
.13
.10
.08
• $25.00 monthly fee for Transaction Management (Location Look-up) per gateway account
• $50.00 monthly fee for Access PaymentMate online reporting tool
Other Provisions
• In the event of termination of services by Tempus, due to delinquent payment, a $50.00 per gateway
account fee applies to reinstate services.
• In the event ofa processor change by Merchant, which requires new merchant account numbers, a $25.00
per gateway account fee applies.
• Tempus customer support services are available 9:30 AM -5:30 PM EST Monday through Friday with
emergency support available Monday through Friday until 10:00 PM EST and Saturday-Sunday 9:30 AM
to 10:00 PM EST.
• Further development work, customizations, configurations, and professional services (including but not
limited to the list below) may require a Statement of Work (SOW) with associated fees.
o FTP file creation and testing
o File transfers and testing
o Custom formatting requirements
o Web portal payments requirements
o Reporting and Compliance
o Integration and development support
• In the event Merchant requests solution changes/additions, an addendum and additional fees may be
required.
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EXHIBIT "A"
CITY OF HIALEAH
INSURANCE CHECK LIST
INSURANCE
x__ I. WORKERS' COMPENSATION AND
EMPLOYEE'S LIABILITY POLICY
ISSUED IN NAME OF VENDOR
x__ 2. COMMERCIAL GENERAL LIABILITY
PREMISES OPERATIONS
INCLUDED; PRODUCTS AND
COMPLETED OPERATIONS INCLUDED;
INDEPENDENT CONTRACTORS (O.C.P.)
INCLUDED; ELEV A TORS INCLUDED;
SUPERVISION EXCLUSION DELETED;
PERSONAL INJURY LIABILITY INCL
lL 3. BROAD FORM PROPERTY DAMAGE
ENDORSEMENT (LIABILITY POLICIES)
x__ 4. CONTRACTUAL INDEMNITY/HOLD
HARMLESS ENDORSEMENT EXACTLY
AS WRITTEN IN "INSURANCE REQUIRE-
MENTS' OF SPECIFICATIONS
x__ 5. AUTOMOBILE LIABILITY OWNED NON-
OWNED/HIRED AUTOMOBILES
INCLUDED
X 6. UMBRELLA LIABILITY
7. GARAGE LIABILITY
8. GARAGEKEEPER'S LEGAL LIABILITY
LIMITS
STATUTORY LIMITS OF THE STATE
OF FLORIDA
$I ,000,000 SINGLE LIMIT FOR BODILY
INJURY AND PROPERTY DAMAGE
COMBINED EACH OCCURRENCE
$1,000,000 SINGLE LIMIT FOR BODILY
INJURY & PROPERTY DAMAGE
COMBINED EACH OCCURRENCE
$I ,000,000 SINGLE LIMIT FOR BODILY
INJURY & PROPERTY DAMAGE
COMBINED EACH OCCURRENCE
$I ,000,000 EXCESS OF ALL
PRIMARY COVERAGE
$I ,000,000 SINGLE LIMIT FOR BODILY
INJURY AND PROPERTY DAMAGE
COMBINED EACH OCCURRENCE
$100,000 EACH OCCURRENCE
x__ 9. THE CITY MUST BE NAMED BY ENDORSEMENT AS ADDITIONAL INSURED ON THE
INSURANCE POLICY AND THE FOLLOWING MUST ALSO BE STATED ON THE CERTIFICATE. "THESE
COVERAGES ARE PRIMARY AND NON-CONTRIBUTORY TO ALL OTHER COVERAGES THE CITY
POSSESSES FOR THIS CONTRACT ONLY."
JO. TEACHERS PROFESSIONAL LIABILITY $I ,000,000 EACH CLAIM
I I. LIQUOR LEGAL LIABILITY $1 ,000,000
EACH OCCURRENCE
12. CROSS LIABILITY OR SEVERABILITY OF INTERESTS CLAUSE ENDORSEMENT
13 . XCU PROPERTY DAMAGE EXCLUSION DELETED AND THIS COVERAGE WILL
PROVIDED
14. BUILDERS RISK FULL CONSTRUCTION COSTS OF
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THE PROJECT
CITY OF HIALEAH
INSURANCE CHECK LIST
INSURANCE LIMITS
1~. OTHER INSURANCE AS INDICATED BELOW:
L16. THIRTY (30) DAYS CANCELLATION NOTICE REQUIRED
Ll 7. BEST'S GUIDE RATING A-X OR BETTER OR ITS EQUIVALENT
_X__l8.THE CERTIFICATE MUST STATE THE BID NUMBER AND TITLE
_x__19. CYBER LIABILITY
19. INFORMATION TECHNOLOGY
ERRORS AND OMMISSIONS
INCLUDING CYBER LIABILITY
AND PRIVACY PROTECTION
20. POLLUTION LIABILITY
21. ERRORS & OMMISSIONS/PROFESSIONAL
LIABILITY
_22. BUSINESS PERSONAL PROPERTY COY.
_23. SPOILAGE COVERAGE
$5,000,000
EACH CLAIM
$1 ,000,000
EACH CLAIM
$1,000,000
EACH CLAIM
$1 ,000,000
EACH CLAIM
LIMITS EQUALING REPLACEMENT
COST OF VENDOR'S PROPERTY
LIMITS EQUALING REPLACEMENT
COST OF VENDOR'S PROPERTY
_24. LOSS OF INCOME COVERAGE. LIMITS ADEQUATE TO COVER LOSS
OF INCOME AND EXTRA EXPENSE
FOR 12 MONTHS
25 . CRIME COVERAGE
26 ATHLETIC FIELD USAGE
COMMERCIAL GENERAL LIABILITY
PREMISES OPERATIONS INCL
PRODUCTS AND
COMPLETED OPERATIONS INCL
PERSONAL INJURY LIABILITY INCL
ATHLETIC PARTICIPANY LIABILITY INCL
ABUSE AND MOLESTATION COVERAGE INCL
EMPLOYEE DISHONESTY INCLUDING
FORGERY, COMPUTER FRAUD AND
WIRE TRANSFER FRAUD
$1,000,000 SINGLE LIMIT FOR BODILY
INJURY AND PROPERTY DAMAGE
COMBINED EACH OCCURRENCE
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