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HomeMy WebLinkAboutCity of Tamarac Resolution R-2004-036Temp. Reso # 10338 — February 12, 2004 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2004- 36 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO APPROVE AND EXECUTE THE ASSIGNMENT, DELEGATION AND RELEASE AGREEMENT AMONG THE CITY OF TAMARAC, WILLIAM R. HOUGH & CO., AND RBC DAIN RAUSCHER, INC. FOR UNDERWRITING SERVICES FOR THE ISSUANCE OF UTILITIES REVENUE BONDS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on November 26, 2003, the City of Tamarac entered into an Agreement with William R. Hough & Co. for underwriting services in response to Request for Proposals RFP 03-26R for the issuance of Utilities Revenue Bonds, as authorized by Resolution R2003-268, a copy of said Resolution is attached hereto as Exhibit "A"; and WHEREAS, in correspondence to the City's Finance Director dated January 28, 2004, William R. Hough & Co. announced the merger of their firm with RBC Dain Rauscher, Inc., resulting in the firm hereinafter being known as RBC Dain Rauscher, effective February 27, 2004 contingent upon appropriate regulatory approval; a copy of said correspondence is attached hereto as Exhibit °B"; and WHEREAS, William R. Hough & Co. has requested that the original Agreement, dated November 25, 2003, be assigned to RBC Dain Rauscher, Inc., a copy of said request attached hereto as Exhibit "C"; and WHEREAS, the City is currently engaged in the bond issuance process and it would be in the best interest of the City to continue the relationship with the existing firm in order to maintain continuity; and Temp. Reso # 10338 — February 12, 2004 Page 2 WHEREAS, RBC Dain Rauscher, Inc., has indicated that the personnel currently assigned to the bond issuance project, who are personally providing underwriting services, will be employed by RBC Dain Rauscher, Inc. as of the effective date of the merger, and will continue to be assigned to this project; and WHEREAS, the City and RBC Dain Rauscher, Inc. desire to enter into the Assignment, Delegation and Release Agreement among the City of Tamarac, William R. Hough & Co., and RBC Dain Rauscher, Inc. to formalize the assignment of William R. Hough Inc.'s rights, obligations and responsibilities to RBC Dain Rauscher Inc., as they pertain to underwriting services for the issuance of Utilities Revenue Bonds, a copy of said assignment agreement is attached hereto as Exhibit "D"; and WHEREAS, the Director of Finance and the Purchasing and Contracts Manager recommend approval and execution assignment agreement; and WHEREAS, the City Commission of the City of Tamarac, Florida, deems it to be in the best interest of the citizens and residents of the City of Tamarac to approve and execute the Assignment, Delegation and Release Agreement among the City of Tamarac, William R. Hough & Co., and RBC Dain Rauscher for underwriting services for the issuance of Utilities Revenue Bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. 1-1 1 L] 1 1 Temp. Reso # 10338 -- February 12, 2004 Page 3 SECTION 2: The appropriate City officials are hereby authorized to approve and execute the Assignment, Delegation and Release Agreement among the City of Tamarac, William R. Hough & Co., and RBC Dain Rauscher SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 5: This Resolution shall become effective immediately upon its passage and adoption. Tk PASSED, ADOPTED AND APPROVED this day of 2004. j ,DOE SCHREIBER 'Mayor ATTEST: RECORD OF COMMISSION VOTE: MARION SWENSON, CMC MAYOR SCHREIBER CITY CLERK DIST 1: COMM. PORTNER DIST 2: COMM. FLANSBAUM-TALABISCO I HEREBY CERTIFY that DIST 3: COMM. SULTANOF I have a l5roved this DIST 4: V/M ROBERTS RES�OVCITIG N asp former MITCHELL &K CITY ATT RP 1 1 E EXHIBIT A TR #10338 Temp Reso #10270-October 8, 2003 Revision: October 15, 2003 Revision: October 16, 2003 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2003- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO AWARD RFP 03-26R, "UNDERWRITING AND FINANCIAL ADVISORY SERVICES", TO AND TO EXECUTE AN AGREEMENT WITH WILLIAM R. HOUGH & CO., FOR UNDERWRITING SERVICES, IN AN AMOUNT NOT TO EXCEED FOUR DOLLARS AND FIFTY-FIVE CENTS ($4.55) PER ONE THOUSAND DOLLAR ($1,000) BOND ISSUED, IN CONJUNCTION WITH THE PROPOSED ISSUANCE OF UTILITIES REVENUE BONDS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has determined a need for underwriting services for the proposed issuance of Utilities Revenue Bonds; and WHEREAS, the City of Tamarac publicly advertised RFP 03-26R, "Underwriting and Financial Advisory Services" on Sept. 9 and Sept. 14, 2003, a copy of said RFP is attached hereto as Exhibit 1; and WHEREAS, eleven (11) firms were solicited, and six (6) responses were received, from the following firms: 1. Dunlap & Associates, Inc. 2. First Southwest Company 3. Kirkpatrick Pettis Smith & Polian, Inc. 4, Public Financial Management 5. Wachovia Bank, N.A. 6. William R. Hough & Company; and WHEREAS, an Evaluation and Selection Committee, consisting of the Assistant City Manager, Director of Finance, and the Finance and Policy Officer Temp Reso #10270-October 8, 2003 Revision: October 15, 2003 Revision: October 16, 2003 Page 2 conducted an extensive evaluation of each proposal to determine each firm's responsiveness to the City's requirements; and WHEREAS, the Evaluation and Selection Committee determined that Kirkpatrick Pettis Smith & Polian, Inc., and William R. Hough & Company were ranked as the top two (2) firms on the basis of experience, including experience with Florida financings, capital position, marketing strategy, innovative technique and cost of services, a copy of said evaluation total ranking is attached hereto as Exhibit 2; and WHEREAS, the Municipal Securities Rulemaking Board (MSRB) Rule G- 23(d) does not allow the same firm to provide both financial advisory and underwriting services, thereby necessitating a separate award and contract for each service; and WHEREAS, William R. Hough & Company provided the lowest cost for underwriting services, and WHEREAS, the Evaluation and Selection Committee entered into the contract negotiation phase with William R. Hough & Co.; and WHEREAS, a mutually acceptable agreement has been negotiated between the City and William R. Hough & Co., a copy of said agreement is attached hereto as Exhibit 3; and WHEREAS, the Director of Finance and the Purchasing and Contracts Manager recommend that RFP 03-25R, "Underwriting and Financial Advisory Services" be awarded to, and an agreement executed with, William R. Hough & Temp Reso #10270-October $, 2003 Revision: October 15, 2003 Revision: October 16, 2003 Page 3 Co. for Underwriting services in an amount not to exceed Four Dollars and fifty- five cents ($4.55) per one thousand dollar ($1,000) bond issued, in conjunction with the proposed issuance of Utilities Revenue Bonds; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the citizens and residents of the City of Tamarac to award RFP-03-26R to, and execute an Agreement with, William R. Hough & Co. in an amount not to exceed Four Dollars and fifty-five cents ($4.55) per one thousand dollar ($1,000) bond issued to provide Underwriting services for the proposed issuance of Utilities Revenue Bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. SECTION 2: The award of RFP 03-26R, "Underwriting and Financial Advisory Services", to and the execution of an agreement with William R. Hough & Co, in an amount not to exceed Four Dollars and fifty-five cents ($4.55) per one thousand dollar ($1,000) bond issued for providing Underwriting services in the issuance of Utilities Revenue Bonds is hereby approved. SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or Temp Reso #10270-October 8, 2003 Revision: October 15, 2003 Revision: October 16, 2003 Page 4 invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 5: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this 26t' day of November, 2003. ATTEST: MARION SWENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. i� 1 / f � l MIT-CHELL, S. 0AFT CITY AT-roF(NEY JOE SCHREIBER, MAYOP, RECORD OF COMMISSION VOTE: MAYOR SCHREIBER DIST 1: COMM. PORTNER DIST 2: COMM. FLANSBAUM-TALABISCO. DIST 3: COMM. SULTANOF DIST 4: VIM ROBERTS�-- EXHIBIT A ., TR # 10338 ;Div AGREEMENT FOR PROFESSIONAL SERVICES a THIS AGREEMENT made and entered into this �2 � day of GL _ N�✓tiro e,� 20 , by and between the City of Tamarac, a municipal corporation of the State of Florida with principal offices located at 7525 NW 88`h Avenue, Tamarac FL 33321, hereinafter referred to as CITY, and William R, Hough & Co., a Florida corporation with principal offices located at 100 Second Avenue South, Suite 800, St. Petersburg FL 33701, hereinafter referred to as CONSULTANT: WHEREAS, the CITY intends to utilize an Underwriter to oversee the issuance of Utilities Revenue Bonds, Series 2003; and, WHEREAS, the CITY requires certain professional services in connection with said Underwriting services; and, WHEREAS, the CONSULTANT represents that it is capable and prepared to provide such Services: NOW THEREFORE, in consideration of the promises contained herein, the parties hereto agree as follows: ARTICLE 1 - EFFECTIVE DATE The effective date of this Agreement shall be upon notice to proceed and is transaction -specific, as contained in the scope of Request for Proposals (RFP) 03-26R. ARTICLE 2 - SERVICE TO BE PERFORMED BY CONSULTANT The CONSULTANT shall perform the services in accordance with the provisions contained in the request for proposals as specifically stated in the general Scope of Services, including the additional services required of the Underwriter as referenced in RFP 03-26R, and as may be specifically designated and additionally authorized by the CITY. Such additional authorizations will be in the form of a Purchase Order. Each Purchase Order will set forth a specific Scope of Services, amount of compensation and completion date. ARTICLE 3 - COMPENSATION The CITY shall pay CONSULTANT in accordance with the provisions contained in RFP 03-26R as specifically stated in the Fee Proposal, Underwriter's Compensation, which is attached hereto and incorporated by reference as part of this Agreement. ARTICLE 4 - STANDARD OF CARE CONSULTANT shall exercise the same degree of care, skill, and diligence in the performance of the Services as is ordinarily provided by a professional under similar circumstances and CONSULTANT shall, at no additional cost to the CITY, re -perform services which fail to satisfy the foregoing standard of care. ARTICLE 5 - INDEMNIFICATION CONSULTANT shall, in addition to any other obligation to indemnify the CITY and to the fullest extent permitted by law, protect, defend, indemnify and hold harmless the CITY, their agents, elected officials and employees from and against all claims, actions, liabilities, losses (including economic losses), costs arising out of any actual or alleged: `a . •I . (;i?� ! Cw�m :r,r, '. •, �i H::rr h� irly � rr( (;::�� tt r ?: iJl�l::lOr! a). Bodily injury, sickness, disease or death, or injury to or destruction of tangible property including the loss of use resulting therefrom, or any other damage or loss arising out of or resulting, or claimed to have resulted in whole or in part from any actual or alleged act or omission of the CONSULTANT, any subconsultant, anyone directly or indirectly employed by any of them, of anyone for whose acts any of them may be liable in the performance of the WORK; or b). violation of law, statute, ordinance, governmental administration order, rule, regulation, or infringement of patent rights by CONSULTANT in the performance of the Work; or c). liens, claims or actions made by the CONSULTANT or any subconsultant under workers compensation acts; disability benefit acts, other employee benefit acts or any statutory bar. Any cost of expenses, including attorney's fees, incurred by the CITY to enforce this agreement shall be borne by the CONSULTANT. Upon completion of all Services, obligations and duties provided for in this Agreement, or in the event of termination of this Agreement for any reasons, the terms and conditions of this Article shall survive indefinitely. ARTICLE 6 - INDEPENDENT CONTRACTOR CONSULTANT undertakes performance of the Services as an independent contractor and shall be wholly responsible for the methods of performance. The CITY shall have no right to supervise the methods used, but the CITY shall have the right to observe such performance. CONSULTANT shall work closely with the CITY in performing Services under this Agreement. ARTICLE 7 - COMPLIANCE WITH LAWS In performance of the Services, CONSULTANT will comply with applicable regulatory requirements including federal, state, and local laws, rules regulations, orders, codes, criteria and standards. ARTICLE 8 - INSURANCE During the performance of the Services under this Agreement, CONSULTANT shall maintain the following insurance polices, and provide originals or certified copies of all policies, and shall be written by an insurance company authorized to do business in Florida. 1. Worker's Compensation Insurance: The CONSULTANT shall procure and maintain for the life of this Agreement, Workers' Compensation Insurance covering all employees with limits meeting all applicable state and federal laws. This coverage shall include Employer's Liability with limits meeting all applicable state and federal laws. This coverage must extend to any subconsultant that does not have their own Workers' Compensation and Employer's Liability Insurance. The policy must contain a waiver of subrogation in favor of the City of Tamarac, executed by the insurance company. Sixty-(60) days notice of cancellation is required and must be provided to the City of Tamarac via Certified Mail. 2_ Comprehensive General Liability: The CONSULTANT shall procure and maintain, for the life of this Agreement, Comprehensive General Liability Insurance. This coverage shall be on an "Occurrence" basis. Coverage shall include Premises and Operations; Independent Contractors' Products and Completed Operations and Contractual Liability with specific reference of Article 5 of this Agreement. This policy shall provide coverage for death, personal injury or property damage that could arise directly or indirectly from the performance of this Agreement. The Minimum Limits of Coverage shall be $1,000,000 per occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. The CITY must be named as an additional insured unless Owners and Contractors' Protective Coverage is also provided, or required. Sixty (60) days written notice must be provided to the CITY via Certified Mail in the event of cancellation. 3. Business Automobile Liability: The CONSULTANT shall procure and maintain, for the life of the Agreement, Business Automobile Liability Insurance. 4. Professional Liability (Errors and Omissions) Insurance' $1,000,000 The minimum limits of coverage shall be $1,000.000 per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This coverage shall be an "Any Auto" type policy. The CITY must be listed as an Additional Insured under the Policy. Sixty-(60) days written notice must be provided to the CITY via Certified Mail in the event of cancellation. In the event that subconsultants used by the CONSULTANT do not have insurance, or do not meet the insurance limits, CONSULTANT shall indemnify and hold harmless the CITY for any claim in excess of the subconsultants' insurance coverage, arising out of negligent acts, errors or omissions of the subconsultants. CONSULTANT shall not commence work under this Agreement until all insurance required as stated herein has been obtained and such insurance has been approved by the CITY. ARTICLE 9 - CITY'S RESPONSIBILITIES The CITY shall be responsible for providing access to all project sites, and providing information on hand that are available in the files of the CITY the exception of the City Attorney's files that are subject to confidentiality. ARTICLE 10 -TERMINATION OF AGREEMENT The obligation to continue Services under this Agreement may be terminated for cause by either party upon seven (7) days' written notice of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. CITY shall have the right to terminate this Agreement or suspend performance thereof without cause for the CITY's convenience upon written notice to CONSULTANT, and CONSULTANT shall terminate or suspend performance of Services on a schedule acceptable to CITY. In the event of termination or suspension for CITY's convenience, CITY shall pay CONSULTANT for all Services performed through the date of notice of termination or suspension. f 1%IViSryJrl ARTICLE 11 - NONDISCLOSURE OF PROPRIETARY INFORMATION CONSULTANT shall consider all information provided by CITY and all reports, studies, calculations, and other documentation resulting from the CONSULTANT's performance of the Services to be proprietary unless such information is available from public sources. CONSULTANT shall not publish or disclose proprietary information for any purpose other than the performance of the Services without the prior written authorization of CITY or in response to legal process. ARTICLE 12 - UNCONTROLLABLE FORCES Neither the CITY nor CONSULTANT shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non -performing party could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the reasonable control of the nonperforming party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions. Neither party shall, however, be excused from performance if nonperformance is due to forces, which are preventable, removable, or remediable, and which the nonperforming party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The nonperforming party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. ARTICLE 13 - GOVERNING LAW AND VENUE This Agreement shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Agreement will be held in Broward County and the Agreement will be interpreted according to the laws of Florida. ARTICLE 14 - MISCELLANEOUS 14.1 Nonwaiver A waiver by either CITY or CONSULTANT of any breach of this Agreement shall not be binding upon the waiving party unless such waiver is in writing. In the event of a written waiver, such a waiver shall not affect the waiving party's rights with respect to any other or further breach. The making or acceptance of a payment by either party with knowledge of the existence of a default or breach shall not operate or be construed to operate as a waiver of any subsequent default or breach. 14.2 Severability Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provisions in any other jurisdiction. The nonenforcement ......... 4 ia ry :.1 7r !!;:uu!. i° of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of this Agreement. The provisions of this section shall not prevent the entire Agreement from being void should a provision, which is of the essence of the Agreement, be determined to be void. ARTICLE 15 - INTEGRATION AND MODIFICATION This Agreement is adopted by the CITY and CONSULTANT as a complete and exclusive statement of the terms of the Agreement between the CITY and CONSULTANT. This Agreement supersedes all prior agreements, contracts, proposals, representations, negotiations, letters or other communications between the CITY and CONSULTANT pertaining to the Services, whether written or oral. The Agreement may not be modified unless such modifications are evidenced in writing signed by both the CITY and CONSULTANT. ARTICLE 16 - SUCCESSORS AND ASSIGNS The CITY and CONSULTANT each binds itself and its director, officers, partners, successors, executors, administrators, assigns and legal representatives to the other party to this Agreement and to the partners, successors, executors, administrators, assigns, and legal representatives. ARTICLE 17 - CONTINGENT FEES The CONSULTANT warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for the CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. ARTICLE 18 - TRUTH -IN -NEGOTIATION CERTIFICATE Execution of this Agreement by the CONSULTANT shall act as the execution of a truth -in -negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in this Agreement are accurate, complete and current as of the date of the Agreement and no higher than those charged the CONSULTANTS most favored customer for the same or substantially similar service. The said rates and cost shall be adjusted to exclude any significant sums should the CITY determine that the rates and costs were increased due to inaccurate, incomplete or noncurrent wage rates or due to inaccurate representations of fees paid to outside consultants. The CITY shall exercise its rights under this "Certificate" within one (1) year following payment. ARTICLE 19 - OWNERSHIP OF DOCUMENTS CONSULTANT shall be required to work in harmony with other consultants relative to providing information requested in a timely manner and in the specified form. Any and all documents, records, disks, original drawings, or other information shall become the property of the CITY upon completion for it's use and distribution as may be deemed appropriate by the CITY. C.,!lv ;' Ti'L'il[:1;'!(: f"!;!?:/!ciiif iL 7'1i �liai(1?i(:': nIY!jfG!( �c ARTICLE 20 - NOTICE Any notice, demand, communication, or request required or permitted hereunder shall be in writing and delivered in person or sent by certified mail, postage prepaid as follows: CITY City Manager City of Tamarac 7525 NW 88th Avenue Tamarac, Florida 33321-2401 With a copy to the City Attorney at the same address. CONSULTANT: Kevin M. Conitz, Senior Vice President William R. Hough & Co. 100 Second Avenue South, Suite 800 St. Petersburg, FL 33701 PH: 727-895-8853 Notices shall be effective when received at the address specified above. Changes in the respective addresses to which such notice may be directed may be made from time to time by any party by written notice to the other party. Facsimile is acceptable notice effective when received, however, facsimiles received (i.e.; printed) after 5:00 p.m. or on weekends or holidays, will be deemed received on the next business day. The original of the notice must additionally be mailed as required herein. Nothing contained in this Article shall be construed to restrict the transmission of routine communications between representatives of CONSULTANT and CITY. / IN WITNESS WHEREOF, the parties hereby have made and executed this Amendment to Agreement on the respective dates under each signature, the City of Tamarac signing by and through its Mayor and City Manager, and William R. Hough & Co., signing by and through its Senior Vice President, duly authorized to execute same. ATTEST: I _ ��2 �L ti•�-m•._' •..,4� t, r ,: ;yam. Marion Swenson, CMC City Clerk Date ATTEST: t (Corporat( S retary) /Type/Print Name of Corporate Secy, (CORPORATE SEAL) CITY OF TA fMARAC Joe Schreiber, Mayor / A I--�; / o _'� Date Jeffrey 2"Zi!i!le�,C—iiy— Date Approved as to, form andVegal sufficiency: Mitchell S, Kraft, City ttorney Date William R. Hough & Co. Companyame Signature of Senior Vice Pres' er�t 1 Kevin M. Conitz Type/Print Name of Senior Vice President Date / (_ ) / r / ✓ City CORPORATE ACKNOWLEDGEMENT STATE OF FLORIDA 63-1 COUNTY OF ��, - !N I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared Kevin M. Conitz, Senior Vice President of William R. Hough & Co., a Florida Corporation, to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that he/she executed the same. WITNESS my hand and official seal this. / `> day of j 20 Signature of Notary Public HEuEN M. EWIN State of Florida at Large My COMMISSION ! DD 049M EXPIRES; Augutl 19, 2005 1$p44YOTARY FL Notuy Swri e & 80r cjM NC. Print, Type or Stamp Name of Notary Public [ Personally known to me or ❑ Produced Identification Type of I.D. Produced ❑ DID take an oath, or DID NOT take an oath. City of Tamarac _ Purchasing and Contracts Division William R. Hough & Co. REQUEST FOR PROPOSALS RFP 03-26R Underwriting and Financial Advisory Services, Utilities Revenue Bonds, Series 2003 Fee Proposal: Underwriters' Compensation Underwriter's Discount (per $1000 bonds) $ 4.55 ( 1 ) Reimbursable Expenses* not to exceed $ M *List what is included in reimbursable expenses: Underwriter's Counsel Fees and Expenses $0.00 It is our understanding that the firm of Akerman, Senterfitt has Peen engaged by If that is true and if the firm is willing to process the bond purchase agreement and offer a 10-b-5 opinion, there would be no fee for underwriter's counsel. (1) Includes expenses listed below Financial Advisor Compensation Flat Fee $ 30, 000 Reimbursable Expenses* not to exceed $ 2, 000 'List what is included in reimbursable expenses: Travel and out-of-pocket expenses federal ex ress or other delivery charges teleconferencing fees This Fee Proposal is to be enclosed in a sealed envelope with your submittal. n AMERICAN INTERNATIONAL SPECIALTY LINES INSURANCE COMPANY A Member Company of American International Group, Inc. A Capital Stock Insurance Company 175 Water Street New York, N.Y. 10038 POLICY NUMBER: 295-53-50 REPLACEMENT OF POLICY NUMBER: 279-63-82 SECURITIES BROKER/DEALER'S PROFESSIONAL LIABILITY INSURANCE NOTICE: THIS INSURER IS NOT LICENSED IN THE STATE OF NEW YORK AND IS NOT SUBJECT TO ITS SUPERVISION. NOTICE: EXCEPT TO SUCH EXTENT AS MAY OTHERWISE BE PROVIDED HEREIN, THE COVERAGE OF THIS POLICY IS GENERALLY LIMITED TO LIABILITY FOR ONLY THOSE CLAIMS THAT ARE FIRST MADE AGAINST THE INSUREDS DURING THE POLICY PERIOD AND REPORTED IN WRITING TO THE INSURER PURSUANT TO THE TERMS HEREIN. PLEASE READ THE POLICY CAREFULLY AND DISCUSS THE COVERAGE THEREUNDER WITH YOUR INSURANCE AGENT OR BROKER. *J0 CE:--TH1E- LIMIT OF LIABILITY AVAILABLE TO -PAY JUDGMENTS --OR - SETTLEMENTS SHALL BE REDUCED BY AMOUNTS INCURRED FOR LEGAL DEFENSE. AMOUNTS INCURRED FOR LEGAL DEFENSE SHALL BE APPLIED AGAINST THE RE!"4111&P. tilJA_ MOENT. DECLARATIONS Surplus Lines Agent l#.A125683 Wallace, Welch & ITEM 1. BROKER/DEALER: WILLIAN R. HOUGH & CO. Producing Agent Willingham Address St. Petersbur FL MAILING ADDRESS: 100 SECOND AVENUE SOUTH Thi insurance is issued pursuant to SAINT PETERSBURG, fL 33701-433he Florida Surplus Lines Law ITEM 2. POLICY PERIOD: From: April 30, 2003 To: Apri 1 30, 2004 (12:01 A.M. standard time at the address stated in Item 1) Persons insured By Surplus lines Carriers do not have the protection of the Florida Insurance Guaranty Act to the ITEM 3. LIMIT OF LIABILITY extent of any Right of Recovery for the obligation of an 1p$ply t Unlicensed Insurer. A. Coverage A. 3.: s1,8�8,b8b each Loss (including Defense Costs) 11,000,000 aggregate for all Loss (including Defense Costs) B. All other coverages: $1,000,000 each Loss (including Defense Costs) $1,000,000 aggregate for all Loss (including Defense Costs) C. Policy Aggregate: $1,000,000 for all Loss (including Defense Costs) arising from all Claims under this policy in the aggregate ITEM 4. COINSURANCE (paid by Broker/Dealer) Coverage A. 3. FLAT CANCELLATION 85% 7191374 All other coverages Not Permitted None 67800 (3/97) _ - Page 1 ITEM 5. RETENTION: (each Loss including Defense Costs) A. $100,000 Broker/Dealer Retention B. $5,000 Registered Representative Retention C. $5,000 Registered Representative Life Products Retention (partially reduced under Insuring Agreement C. 2. under some circumstances) ITEM 6. RETROACTIVE DATE. January 30, 1999 ITEM 7. PREMIUM: $47,200 + Policy Fee 35.00 + .31 Service Fee 141.71 + 5% State Tax 2,361.75 = $49,738.46 Total Premium for Certified Acts of Terrorism Coverage under Terrorism Rises In3ur,ance Act 2002: Not applicable, coverage rejected by insured. Any coverage providad for Iessoo c_nu_-,P i b; an F,` cf a- r'efined by TRIA (TRIA Losses) may be p? ; ... the Ur 'o:,,.ula established b as 1'^�:v� c'. '., ' ` ;, �� �� -• ntated by TRIA. TRIA fo. . -. �:.. a s r.�; . -_ . ._„�� �;ecu:a.��mu, _-Ahe daduct+"r- -tn x -.... r- . ��:.�.-. cf _...__ year A u .y t`t:. T horeto ITEM 8. BROKER: HULL & CO 2150 SOUTH ANDREJa AVENUE fORT LAUDERDALE, fL 33316 B By AuthorizR l�Representative or Countersignature (in states where applicable) I 7191374 r,7nnn 11 ia7) Perna h ' W ILLIAM R. HOUGH � �L �� EXHIBIT B TR #10338 January 28, 2004 Ms. Dona Newman Director of Finance City of Tamarac 7525 N.W. 88th Avenue Tamarac, Florida 33321-2401 Dear Ms. Newman: We are pleased to announce that William R. Hough & Co. is in the process of merging with RBC Dain Rauscher, Inc., a wholly owned subsidiary of Royal Bank of Canada. We would like to share with you how we made the decision and why our combination with RBC Dain holds such strong potential for William R. Hough & Co. clients. William R. Hough & Co. has been in business for forty-two years and we are proud of our reputation as a firm with high ethical standards. The firm has historically taken a regional approach to the business, believing that we can best serve our clients if we have a strong knowledge of and presence in the community. This approach has resulted in our bankers being strategically located throughout the State in order to provide immediate access to our clients. In the RBC Dain Rauscher firm, we have found a like-minded partner. While RBC Dain Rauscher is a member of the New York Stock Exchange and other major exchanges, it has the same regional roots and core values as William R. Hough & Co. Consequently, you can expect the same high level of service and dedication to which you have become accustomed. The merger of William R. Hough & Co. with RBC Dain Rauscher will produce one of the largest groups of investment bankers and fixed income professionals in the country and certainly within the state of Florida. This group of bankers, located throughout the country, has a diverse knowledge base from which to draw in serving our clients. Furthermore, as a subsidiary of Royal Bank of Canada, a "Aa2/AA- " rated banking institution, the firm of RBC Dain Rauscher will bring the firm's clients a wide variety of resources and flexible financial products. The merger is scheduled to be completed on February 27, 2004, subject to regulatory approval. Until that time, we will be conducting all business as William R. Hough & Co. We thank you for the opportunity to share this news with you and will keep you informed as the merger progresses. It has been our pleasure serving you as a client and we very much look forward to working with you in the future. Cordially Yours, WILLIAM R. HOUGH & CO. Kevin M. Conitz Senior Vice President 100 2nd Avenue South, Suite 800, Saito Petersburg, FL 3.3701-4.337 Phone: (800) 800.0061 Fax: (727) 895-8895 MEMBER: NASD/SIPC EXHIBIT C TR # 10338 WI9.1 LLIAM R. HOUGH & CO. I it v e s t in e n i s S i n c c 1 962 February 13, 2004 Mr. Jeffrey L. Miller, City Manager, City of Tamarac 7525 NW 88°i Avenue Tamarac, FL 33321 Dcar Mr. Miller: On December 16, William R. Hough & Co. and RBC Dain Rauscher Inc. announced that RBC Dain has agreed to acquire Hough, subject to regulatory approval, in a transaction that is expected to close February 27, 2004. RBC Dain, a full -service securities firm based in Minneapolis, has a national public finance practice that is the largest outside of Wall Street. William R. Hough & Co. has a contract with the City executed November 26, 2003 for underwriting services related to the upcoming Capital Improvement Revenue Bonds. Based on the acquisition, we are requesting that the City formally assign the contract and all its rights and responsibilities to R.BC Dain, effective March 1, 2004, All terms, conditions and pricing will remain the same. Sincerely, WILLIAM R. HOUGH & CO. , /' , C,, �/ � Kevin M. Conitz Senior Vice President KMC/he cc: Dona Newman, Director of Finance Leanne Williams, Finance & Policy Officer 100 Second Avenue South, Suite 800, Saint Petersbm-lg, IT 33701-43 37 Tull 1�icc: 800 800-0061 Local: 727 895-8880 1'ax: 727 895-889.5 MPABER. tiASI),/till'(' „�1v.huugh.Coll , VD? ............ ... ....... . ......... .... ... .............. ASSIGNMENT, DELEGATION AND RELEASE AGREEMENT Among CITY OF TAMARAC And WILLIAM R. HOUGH & CO. A FLORIDA CORPORATION I,TT:I RBC DAIN RAUSCHER INC. A MINNESOTA CORPORATION For UNDERWRITING SERVICES ISSUANCE OF UTILITIES REVENUE BONDS THIS ASSIGNMENT, DELEGATION AND RELEASE AGREEMENT ("Assignment Agreement") is made by and among CITY OF TAMARAC, a municipal corporation, its successors and assigns, hereinafter referred to as "CITY," through its City Commission, 2% WILLIAM R. HOUGH, INC., a Florida corporation, its successors and assigns, hereinafter referred to as "CONTRACTOR" • •J RBC DAIN RAUSCHER, INC., a Minnesota corporation, authorized to do business in the State of Florida, its successors and assigns, hereinafter referred to as "ASSIGNEE." WITNESSETH WHEREAS, CITY utilized the due diligence established by the City seeking responses from qualified firms to provide Underwriting Services for the issuance of Utilities Revenue Bonds; and WHEREAS, CONTRACTOR, on the basis of Proposal made to CITY (dated September 5, 2003) was selected by CITY to provide this service and entered into an agreement ("Agreement") with CITY dated November 26, 2003; and WHEREAS, ASSIGNEE has acquired the assets of William R. Hough, Inc., a Florida Corporation, through merger, effective February 27, 2004 and subject to regulatory agency approval, including the rights, duties and obligations of CONTRACTOR; and WHEREAS, ASSIGNEE has the legal authority to execute this Assignment Agreement on behalf of CONTRACTOR; and rA� �Sirm and ..,C ,,,.o'.i:� .. .._...—..—...._. P WHEREAS, the parties desire to enter into this Assignment Agreement in order to formalize the assignment of CONTRACTOR's rights, obligations and responsibilities under this Agreement with respect to the provision of Underwriting Services, for the issuance of Utilities Revenue Bonds, for CITY's Finance Department for the remainder of the term of this Agreement. NOW, THEREFORE, IN CONSIDERATION of the mutual terms, conditions, promises, covenants, and payments hereinafter set forth, CITY, CONTRACTOR and ASSIGNEE agree as follows: 1. DEFINED TERMS; RATIFICATION; CONFLICTS 1.1 DEFINED TERMS. All defined terms in this Assignment Agreement shall have the same meaning as in the Agreement except as otherwise noted. 1.2 RATIFICATION. Except as amended and modified by this Assignment Agreement, all of the terms, covenants, conditions, and agreements of the Agreement are hereby ratified and shall remain in full force and effect. 1.3 CONFLICTS. In the event of any conflict between the provisions of the Agreement and the provisions of this Assignment Agreement, the provisions of this Assignment Agreement shall control. 2. EFFECTIVENESS The Effective Date of this Assignment Agreement shall be February 27, 2004. The assignment is expressly subject to and contingent upon the approval and execution of this Assignment Agreement. 3. ESTOPPEL The Agreement is the sole agreement pertaining to the acquisition of assets of William R. Hough & Co., a Florida Corporation, including the rights, duties and obligations of CONTRACTOR. Neither CITY nor CONTRACTOR has given a notice of default under the Agreement to the other party, neither CITY nor CONTRACTOR is in default of its obligations under the Agreement. CITY and CONTRACTOR acknowledge and agree that all obligations of the parties under the Agreement up to the Effective Date of this Assignment Agreement have been fully performed and paid for by the respective parties. 4. ASSIGNMENT AND DELEGATION 4.1 CONTRACTOR does hereby assign and delegate to ASSIGNEE, all of its right, title and interest in and to the Agreement including all right, title and interest in all reports, documents, or other data prepared and/or provided by CONTRACTOR thereunder in connection with or related to the Agreement. 2 Cit i +r>r(aicl F Tq y � F Pi nchasing and C ;r;tr 4.2 ASSIGNEE hereby accepts the assignment and delegation of the Agreement and releases CONTRACTOR from all its obligations under the Agreement after the Effective Date of this Assignment Agreement. ASSIGNEE further agrees to assume all of CONTRACTOR's obligations thereunder and agrees to perform and keep all of the terms, conditions, covenants, agreements, liabilities and obligations to be performed thereunder from and after the Effective Date of this Assignment Agreement. 4.3 CITY hereby acknowledges and consents to the assignment and delegation by CONTRACTOR to ASSIGNEE of the Agreement as set forth herein, and ASSIGNEE agrees to perform its obligations hereunder and be bound to CITY pursuant to the terms of the Agreement. 5. RELEASE CITY and CONTRACTOR hereby release and forever discharge each other for all agreements, promises and obligations which each party had, now has or may have, against each other arising out of, related to, or in connection with the rights and obligations granted and accruing under the Agreement. 6. AMENDMENT OF TERMS AND CONDITIONS OF ORIGINAL AGREEMENT 6.1 On the Effective Date of this Assignment Agreement, all references in the Agreement to "CONTRACTOR" shall be deemed to refer to "ASSIGNEE" in order to effectuate the intent of the parties under this Assignment Agreement. 5.2 ARTICLE 20, NOTICE, of the Agreement is hereby amended by deleting the address for the current CONTRACTOR and inserting the following for ASSIGNEE deemed CONTRACTOR after the Effective Date of this Assignment Agreement: CONTRACTOR: RBC Dain Rauscher, Inc. John Orenstein, Managing Director 60 South Sixth Street, Suite 1500 Minneapolis, Minnesota 55402 7. APPLICABLE LAW AND VENUE This Agreement shall be governed by the laws of the State of Florida as now and hereafter in force. The venue for actions arising out of this agreement is fixed in Broward County, Florida. 4 tt,; ;�f �r.l rrli it 3i: Poi chasing and B. THIRD PARTY RIGHTS Nothing in this Assignment Agreement shall be construed to give any rights or benefits to anyone other than CITY, CONTRACTOR or ASSIGNEE. 9. SUCCESSORS AND ASSIGNS This Assignment Agreement shall inure to and be binding upon the authorized successors and assigns of the parties. 10. WHEREAS CLAUSES The information contained in the Whereas Clauses set forth above is true and correct, and is hereby incorporated into the body of this Assignment Agreement. 11. MULTIPLE ORIGINALS Multiple copies of this Assignment Agreement may be executed by all parties, each of which, bearing original signatures, shall have the force and effect of an original document. " -IN F'u.. 1i75rrtCJ<;ind C f1[r ct° r Rif P f IN WITNESS WHEREOF, the parties hereto have made and executed this Assignment: CITY OF TAMARAC signing by and through its Mayor and City Manager, duly authorized to execute same; CONTRACTOR, signing by and through its Senior Vice President, duly authorized to execute same and ASSIGNEE, signing by and through its Managing Director, duly authorized to executed same. ATTEST: Marion Swenson, CMC City Clerk CITY OF TAMARAC Joe Schreiber, Mayor Date JeffreyL. Mi er, City Manager Date: Date x /L Approve as to form end legal sufficiency: Mitchell S. Kr ft,..City Attorney 4 5 q Crt, {Timr ,,. ASSIGNMENT, DELEGATION AND RELEASE AGREEMENT AMONG CITY OF TAMARAC AND WILLIAM R. HOUGH & CO., INC., A FLORIDA CORPORATION AND RBC DAIN RAUSCHER, INC., A MINNESOTA CORPORATION, FOR UNDERWRITING SERVICES FOR THE ISSUANCE OF UTILITIES REVENUE BONDS FOR THE CITY OF TAMARAC. ATTEST: (Corporate S cr tary) Type/Print Name of Corporate Secretary (CORPORATE SEAL) WITNESSES Print/Name Sig ature CONTRACTOR WILLIAM R. OUGH & CO Signature of Senior Vice President i Kevin M. Conitz Type Name of Senior Vice President Date -2m-WIP-e Cam✓ �- �'� Pri ame Signature z 1-7- 04 Date Date Fa LIIC77 .j?;Inyiiw r iiJr'.'i: :i,. STATE OF FLORIDA COUNTY OF , , , ACKNOWLEDGEMENT WILLIAM R. HOUGH & CO. SS I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared Kevin M, Conitz, Senior Vice President of William R. Hough & Co., a Florida Corporation, to me known to be the person(s) described herein and who executed the foregoing instrument and acknowledged before me that he/she executed the same. WITNESS my hand and official seal this 20 . r� HELEN M. ENN MY COMMISSION # DO 049W2 1 (Z EXPIRES: August 13. 2005 I140" NOTARY FL NuUtry Service & Bomfinp. Inc. day of NOTARY PUBLIC State of Florida at Large (Name of Notary Public: Print, Stamp, or Type as Commissioned) Personally known to me or ❑ Produced Identification Type of I.D. Produced ❑ DID take an oath, or ❑-I D NOT take an oath. J.... ... J ASSIGNMENT, DELEGATION AND RELEASE AGREEMENT AMONG CITY OF TAMARAC AND WILLIAM R. HOUGH & CO., INC., A FLORIDA CORPORATION AND RBC DAIN RAUSCHER, INC., A MINNESOTA CORPORATION, FOR UNDERWRITING SERVICES FOR THE ISSUANCE OF UTILITIES REVENUE BONDS FOR THE CITY OF TAMARAC. ATTEST: ASSIGNEE RBq D N I AUS ER INC. Sig ature of Managing Director John Orenstein (Corporate Secretary) Type Name of Managing Director Type/Print Name of Corporate Secretary Date / (CORPORATE SEAL) WITNESSES Print Name Signature Date 8 Print Name Signatui-O Date w CJI v Gr iC' /fn iIaG < r 1Uc;(1e 1l1CT i3/1 � t'h "' " ACKNOWLEDGEMENT RBC DAIN RAUSCHER, INC. STATE OF :SS COUNTY OF I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared John Orenstein, Managing Director of RBC Dain Rauscher, Inc., a Minnesota Corporation, to me known to be the person(s) described herein and who executed the foregoing instrument and acknowledged before me that he/she executed the same. WITNESS my hand and official seal this day of 6 ' 20 ' �.M`k•h�:rlr•+veywr• �.,;,,,...nP.,uw�:..-,r,,,.,:..,�,,;'M�•a w NOTARY PUBLIC State of F4arida at Large (Name of Notary Public: Print, Stamp, or Type as Commissioned) Personally known to me or ❑ Produced Identification Type of I.D. Produced ❑ DID take an oath, or ❑ DID NOT take an oath. 9 AC CERTIFICATE OF LIABILITY INSURANCE CSR DATE (MMIDDI DAINR-1 02/20/0 4 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Hays Companies HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 80 South Sth Street #700 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Minneapolis MN 55402 Phone:612-333-3323 Fax:612-373-7270 INSURED RBC Dain Rauscher Corp. Eric Emmette 510 Marquette Ave. S. M13 Minneapolis MN 55402-1106 COVERAGES INSURERS AFFORDING COVERAGE NAIC # INSURERA. St. Paul Mercury Ins. Co. INSURER B Zurich American Insurance Co. INSURER C. NSIIREP D INSURER E. THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED AHOVF h()R THE POL.IC'.Y PERIOD INUIUAIEL) NUI WIIHSIANUING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PEPIAIN. I HE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCII POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INS LTR NSR TYPE OF INSURANCE POLICY NUMBER DATE (MMJDDJYY) DATE (MMJDDJYY) LIMITS A X GENERAL LIABILITY X COMMERCIAL GENERAL. LIABILITY CLAIMS MADE X� OCC.LIR FS06302542 06/01/03 06/01/04 EACH OCCURRENCE $ 1,000,000 PREMI (E or4r., rence) MED EX (Any one person) $ 100,000 $ 5,000 $ 1,000,000 PERSONAL 3 ADV INJURY GENL AGGREGAIE LIMIT APPLIES PER IMPRp- POLICY ,IFCI -Q�: GFNFRAI AG(-,PGAIE PRODUCTS COMPIOPAGG s2,000,000 $2,OOD,000 A I I , AUTOMOBILE X X X LIABILITY ,vaYAUIo ALL OWNED AUTOS SCIIEDIJLEDAUTOS HIRFDnIITos PJ17N-�.)WNCD AUTOS FS06302542 '1 Vendor . Date of Review' AcceptableiL 06/01/03 citi.✓—u 06/01/04 . �/. COMBINED swGLELIMIT (Eaaccldcrit) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ - �� --1 �'" PROPERTY DAMACaE (Per accident) $ GARAGE LIABILITY ;NY AUTO Not Acceptable (Note Qeficiencie / Below) ALITO ONLY- EA ACCIDENT OTHER THAN EA ACC ALTO ONLY AGG $ A EXCESS/UMBRELLA LIABILITY X OCCUR CLAIMS MADE X DEDUCTIBLE RETENTION 110,000 v RR FS0630"29�SnBget SL 06/01/04 EACH O-CI IRRENCE $ 9, 0 0 0, Q Q Q n 701/03 AGGREGATE $ 9,000,000 $ $ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY-- OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below WC 9374310 00 06/01/03 06/01/04 X TGRY LIMITS 'ER — FI FACHnCCIDFNT $ 1,000,000 $ 1, 0 0 0, 0 0 0 E L DISEASE - EA EMPLOYEE EL DISEASE -POLICY LIMIT $ 1,000,000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS City of Tamarac is additional insured as their interests may appear. CERTIFICATE HOLDER CANCELLATION CITYTA1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Tamarac DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN Finance & Policy Officer NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Leanne William 7525 NW 88th Avenue IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Tamarac FL 33321 REPRESENTATIVES. AUTHCPIZED REPRESENTATIV ACUKU L5 (1UU11UU) U ACUKU COKPUKA I TUN IU8U CSR SW ACORD CERTIFICATE CERTIFICATE OF LIABILITY INSURANCE DAINR-1 DATE (MMIDDIYYYY) 02/20/04 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Hays Companies 80 South Sth Street #700 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Minneapolis MN 55402 Phone: 612-333-3323 Fax:612-373-7270 INSURERS AFFORDING COVERAGE -Specia NAIC9 INSURED INSURER A. American Int l lty Lines INSURER B RBC Dain Rauscher Inc. Eric Emmette INSURER C. ............ INSURER D 510 Minneapolt lsMN 55402-1106 INSIJRER E. COVERAGES 1 HE POLI -IEB )F INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITI (STANDING ANY RE CJIJ I P'EMENT, TERM OR CONDI IIQN OF ANY CONTRAC1 QR OTHER f)OCIJMl-NI WI I RESPECT 10 WHICH IHIS CF_RT IF ICATE MAY BE ISSUED OR MAY PERTAIN, THE !INSURANCE AFFORDEP EY THE POLICIES DCSCRIBEL) HEREIN IS ','1JB 11-C:.1 IO ALL. IHE ItRMS, FXUI_LJS I ONS MJD CONDI I IONS (_)F SUCH POLICIES AGGP�GAIE LIMI IS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR 00'L . _. ....._._...�. LTR NSR TYPE OF INSURANCE POLICY NUMBER DATE (MMIDD/YY) DATE (MMIDDIYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ IT PREMI'SE5 (E;� accurence) $ I COMMERCIAL GENFRAI, I IAFf11 ITY CLAIMS MADE OCCUR MED EXP (Any one person) PERSONAL 5 ADV INJURY $ GFNFRAI AGGREGATF $ GEN'L AGGREGATE LIMIT APPLIES PER. PRODUCTS - COMP/OP AGG $ POLICY ry JECT I I LOC AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) ALL OWNED AUTOS SCHEDULED AUTOS HIRED ALI I0S NOfJ-OWNED AUTOS Vendor Date of Review / ` .. �-- $ DODILY INJURY (Per aCCident) $ ` PROPERTY DAMAGE IF'er accident) GARAGE LIABILITY AUTO ONLY- EA ACCIDENT $ ANY AUTO Not Acceptable (Note Deficiencies OTHER 7NAN EA ACC AUTO ONLY AGG $ $ EXCESSIUMBRELLA LIABILITYNMI M1 ryr EACH OCCURRENCE OCCUR n CLAIMS MnJ:,H isk Manager ig aturo AGGREGATE $ �_„�__,_._.__..,............._. $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND TORY IMITS IF EMPLOYERS' LIABILITY E I- EACH ACCIDENT $ ANY PHCIPRIEIOH/PARTNER/EX.ECUIIVE E.L. DISEASE - EA EMPLOYEE $ OFFICER/MEMBER EXCLUDED? If yes, descnbe under F I. DISFASF - POLICY LIMIT $ SPECIAL PROVISIONS below OTHER A Securities Broker/ 348-98-63 11/15/03 11/15/04 Limit $1,000,000 Dealers Prof Retention $15,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION CITYTAI SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Tamarac DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN Finance & Policy officer NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Leanne William 7525 NW 88th Avenue IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Tamarac FL 33321 REPRESENTATIVES. AUTH (ZED REPRESENTATIV ACORD 25 (2001108) 0 ACORD CORPORATION 1988