Loading...
HomeMy WebLinkAboutPUBLIC FINANCIAL MANAGEMENT - 2008~~ Cdal. e CONSULTANT AGREEMENT N-2008-126 7vwe THIS AGREEMENT, made and entered into this 20`h day of May, 2008 by and between Public Financial Management, a Pennsylvania corporation (hereinafter "Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of financial analysis regarding the viability of various financing options for City cell towers. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting fum in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: SCOPE OF SERVICES Consultant shall review and evaluate potential cell tower financing opportunities, as set forth in Exhibit A to this Agreement. City may request additional Consultant services. Such request will be made in writing executed by the Executive Director of Finance and Management Services, defining the pazameters of any such additional services and the rates and fees applicable to said services. 2. DELIVERY OF WORK PRODUCT Consultant shall deliver to City all work product which results from the services provided. Said work product shall be submitted in hard copy and produced in a form compatible with City's computer system, as agreed between the Project Manager and Consultant. In regard to all copyrightable material produced as a deliverable under this Agreement, including but not limited to books, reports, plans, photographs, drawings, films, recordings, videotapes, and computer programs, Consultant agrees, for itself and its affected officers, employees, agents, contractors, and volunteer workers, that (a) other such material may not be copyrighted without prior review from the City, and (b) the authors of all such material, whether copyrighted or not, award to the City, and to its officers, agents and employees acting within the scope of their official duties, as a condition of payment to the Consultant, aroyalty-free, !: y~~~atJfi~ ON FILE y, ~ (r~q~ PROCEED ulYTlt IIV5Nf1ANCE EXPIRES u~ - o$ (,LER'K ~ I~ DAiE: r~_Iq _~j~ ~~r~~-,cam ~1) nonexclusive, irrevocable license throughout the world for governmental purposes to disclose, publish, translate, reproduce, and use such materials. 3. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The total sum to be expended under this Agreement shall not exceed $10,000.00 during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 4. TERM This Agreement shall commence on the date first written above and terminate on December 31, 2008, unless terminated earlier in accordance with Section 13, below. Services provided by Consultant since February 25, 2008 shall be included within the Scope of Services of this Agreement. The term of this Agreement may be extended upon a writing executed by the Executive Director of Finance and Management Services and the City Attorney. 5. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create anemployer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Due to the nature of services involved, Commercial General Liability Insurance is not required. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. £ If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the Ciry's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 8. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 9. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 10. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To Ciry: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 telefacsimile (714) 647-6956 With courtesy copies to: Executive Director of Finance and Management Services City of Santa Ana 20 Civic Center Plaza (M-17) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-5414 and City Attorney Ciry of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, Califomia 92702 telefacsimile (714) 647-6515 To Consultant: Public Financial Management Julio F. Morales 660 Newport Center Drive, Suite 710 Newport Beach, Califomia 92660-6408 Telefacsimile (949) 721-9437 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 11. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 12. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by Ciry personnel or by other consultants retained by City. 13. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of temunation, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 14. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opporhrnity employer and shall comply with all applicable federal, state and local laws and regulations. 15. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 16. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 17. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: t ~ / ~PA ICIA E. LY Clerk of the C ncil APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: 5~ -, La a Sheedy Assistant City Attorney RECOMMENDED FOR APPROVAL CITY OF SANTA ANA DAVID N. RE 1 City Manager ycQpcc~Q~~r ~~,_~ FRANCISCO GUTIERREZ Executive Director of the Finance and Management Services Agency PUBLIC FINANCIAL MANAGEMENT ~//~~ KEITH CURRY Managing Director Tax ID# 23 - 199 21 ~4 EXHIBIT A SCOPE OF SERVICES Proposal dated February 25, 2008 February 25,2008 Francisco Gutierrez Executive Drrector Finance & Management Services City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 Re: Proposal to Review and Evaluate Potential Cell Tower Financing Opportunities for the City of Santa Ana, CA Dear Mr. Gutierrez: In accordance with your request, we are pleased to have this opportunity to submit for your consideration this proposal to assist the City of Santa Ana (herein, the "City") in evaluating the financial viability of cell tower financing options. We will evaluate proposals submitted to the City by various firms. Based on the results of our own independent financial review, we will provide to the City: • An independent analysis of the potential savings/benefit of each opportunity Review the (validity of) the assumptions used in the proposals • Define a framework for evaluating each opportunity Provide specific recommendations regarding deal structure, key legal provisions, and counterparty compensation The scope of this engagement will likely require several financial projections. We anticipate participating in conference calls with City staff and elected officials, upon short notice. We will prepare a short 2-3 page executive memorandum and PowerPoint presentation materials to summarize our conclusions and recommendations. In addition, we will present our findings to City Staff and the City Council in an oral presentation. We anticipate that this engagement will be comnleted within 90 days. I will be the primary consultant assigned to this engagement and will assume overall responsibility for the staffing and resources allocated to this engagement and for controlling the quality of the analysis that the City receives. We anticipate that this engagement will require the investment of approximately 40-60 hours of professional staff time, which would result in an estimated fee for the services of approximately $]0,000 to $15,000. PFM will undertake this assignment on an hourly basis, outlined below: Professional Hourly Rate Managing Directors $300.00 Senior Managing Consultant $250.00 Consultant $225.00 This scope of work may evolve in accordance with our further discussions from time to time. To the extent that you request additional services, and those services are agreed upon by both parties, the terms set forth in this letter may be superseded by another written agreement. We hope this proposal meets with your approval. We are prepared to begin this assignment immediately. Please acknowledge this agreement in the space indicated and fax a copy back for our records. Best wishes, Sincerely, Public Financial Management Julio F. Morales Senior Managing Consultant EXHIBIT B ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, Califomia 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective Policy # . Issued to this endorsement form as a part of Named Insured Countersigned by Authorized Representative _ enema: sasca --- acoRO.~. CERTIFICATE OF LIABILITY INSURANCE 11129107Dm) PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Frank Crystal & Co., Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Financial Square ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 32 Old Slip New York, NY 10005 INSURERS AFFORDING COVERAGE wsuRED INSURER A: Indian Harbor Insurance Co. Public Financial Management, Inc. INSURER e~. _ _ Two Logan Square, Suite 1600 wsuRER c _ _ ___ __.-- 18th and Arch Streets INSURER D: _ _ _ _ Philadelphia, PA 19103 ''. INSURER e. V VYGRMV CJ THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR ANY REQUIREMENT , MAY PERTAIN, THE INSURANCE AFFORDED BV THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BV PAID CLAIMS. _ _ I ',POLICY EFFECTIVE POLICY E%PIRATION LIMnS LTR TYPE OF INSURANCE POLICY NUMBER ~ pATE MM/0D GATE MMIDDm GENERAL LIABILITY ~ EACH OCCURRENCE ~ $ ~ _ , COMM ERCIAL GENERAL LIABILITY ' ~ FIRE DAMAGE IAny one fire) $ ~ CLAIMS MADE ~ OCCUR MED EXP (Any ane parson) $ FFF PERSONALB ADV INJURY $ '. GENERAL AGGREGATE ' $ _. __. I '~.GEN'L AGGREGATE LIMITAPPLIESPER: ~', PRODUCTS-COMPIOP AGG' $_ ' POLICY '. PRO- LOC T ~ AUTOMOBILE LIABILITY ' COMBINED SINGLE LIMIT $ . ANV AUTO I ' (Ea accitlanp . ~ _- ALLOWNEDAUTOS ~ 90DILV INJURY $ SCHEDULED AUTOS IPar person) -- __- -- HIREDAUTOS BODILY INJURY $ ' ' NON~OWNED AUTOS IPerawitlenp -. _____ ~ PROPERTY DAMAGE $ _ __ __. __ _- (Par accitlenl) GARAGE LIABWTV ' AUTOONLY-EA ACGIDENt ~$ ' . ~' EP ACC I $ ANV AUTO I, .. OTHER THAN _ _ _ i AUTO ONLY: AGG $ I EXCESS LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE ~ ~ AGGREGATE $ _ ~~ DEDUCTIBLE ' ~~ ~- $ ~~ .RETENTION $ $ ', WC STATU- OTH- WORKERSCOMPENSATION ANO _ ~TORV LIMITS __ ,EMPLOYERS' LIABILITY E.L. EACH ACCIDENT 8 _ ~'. _ E.L. DISEASE-EA EMPL OVEE ~$ __ E.L. DISEASE -POLICY LIMIT I $ A OTNER professional ELU09526406 11/30!07 111/30108 $15,000,000 Limit lability ' ', $500,000 Retention DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLESIEXCLUSIONSADDED BY ENDORSEMENTISPECIAL PROVISIONS Evidence of Coverage Only The Professional Liability POlicy is non-cancelable by the Insurer. L.crt nrn.iarc nvwcn w..~~,.~.,,.~,.......~..~~~.....~_~._~~.. _... _ _.. ~ SHOULD ANYOF TH E ABOVE 0 ESCRIBED POLICIES B E CANCELLED BEFORE THE EXPIRATION Public Financial Management, IFI'C-~ ~ DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL n1C. _ DAYS WRITTEN {f'~ Two Logan Square, Suite 1600 NOTICE TOTHE CERTIFICATE HOLDER NAM ED TOTHELEFT. BUT FAILURE TO DO SOSHALL ~~ _ 18th and Arch Streets 'x/19///)// _. _. I[QeOSE NOOBLIGATION OR LIABILITYOF ANYKIND UPON THEINSURER,ITS PGENTSOR PA 19103 del hia Phil REPRESENTATIVES. I p , a AUTHORIZED REPRESENTATIVE ACORD 25•S f7/97)1 of 2 #232393 _ and " "~""" •""" """"_" IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certifcate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certifcate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 2SS17197)2 Of 2 #~-i 1.1N3 PI IRI FI 1:11eOT8: 19J[D --- ACORD.M CERTIFICATE OF LIABILITY INSURANCE ;;;Z;o;°"Y"' PRODUCER Frank Crystal 8 Co., Inc. Financial Square THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 32 OId Slip New York, NY 10005 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: Great Northern lns. CO. Public Financial Management, Inc. INSURER B: Federal Insurance Company Two Logan Square, Suite 1600 INSURER c Pacific Indemnity Co. 18th and Arch Streets IrvsuRER D~. Philadelphia, PA 19103 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTwIIHSIArvulrvli TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR ANY REQUIREMENT , MAV PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1 OD' p T1VE PA Y ATE E%PI Rp TION PO LIMITS LTR NSR rypE OFINSDRANCE POLICYNUMBER TE MMlD D D /! GENERAL LIABILITY 35363950 11130107 11130!08 EACH OCCURRENCE $1 OOO OOO \ X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $1 OOO OOO CLAIMS MADE ~ OCCUR MED E%P IAOy ane person) E1 O OOO PERSONALBAOV INJURY E1 000 000 GENERAL AGGREGATE $Z OOO OOO GEN'LAGGREGATE LIMITAPPLIES PER: PRODUCTS-COMP/OP AGG $Included POLICY PRO LOG JEGT B AUT OMOBILE LIABILRY 73248555 11130/07 11130/06 COMBINED SINGLE LIMIT $1 000 000 ANY AUTO (Ea accitlenq , , ALL OWNED AUTOS BODILY INJURY E SCHEDULED AUFOS (Per person) X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per e~dent) PROPERTY DAMAGE $ IPer ecdeam) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ B E%CESSIUMBRELLA LIABILITY 797740$0 11130/07 11130/08 EACH OCCURRENCE $1 O OOO OOO X OCCUR ~ CLAIMS MADE AGGREGAtE $1 O OOO OOO DEDUCTIBLE E RETENTION $ $ C _ WORKERS COMPENSATION AND 71642435 11/30107 71/30108 X WG STATU- OTH- EMPLOYERS'LIABILITY E.L. EACH ACCIDENT $1,000000 ANY PROPRIETOR/PARTNERIEXECUTIVE 1 000 OOO OFFIGERIMEMBER EXGWOED? EL DISEASE-EA EMPLOYEE , , E If yes, tlascriba under DISEASE-POLICY LIMIT EL 000 $1 000 SPECIAL PROVISIONS below . , , OTHER DESCRIPTION OF OPERATIONSI LOCATIONSIYEHICLESI E%CLUSIONS ADDS BEMENTI SPECUAL PROVISIONS Evidence of Coverage Only Public Financial Management, Inc Two Logan Square, Suite 1600 18th and Arch Streets Philadelphia, PA 19103 LD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THEE%PIRATION THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~~ DAYS WRITTEN :E TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL 3E NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITB AGENTS OR Q.Ov . ACORD 25 (2001/08) 1 of 2 #231024 .JUm ~ ^~-~•-- --•~• IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certifcate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ALORD 25.512DDflD6) 2 of 2 Szsl D[4