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Backup Documents 04/25/2017 Item #16F2 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO iu6 F THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNA Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. Risk Risk Management )/k N//ii 2. County Attorney Office County Attorney Office �R l 4. BCC Office Board of County Commissioners V N / s \v 4. Minutes and Records Clerk of Court's Office /01 5/aah'1 3:44 5. Procurement Services Procurement Services PRIMARY CONTACT INFORMATION Normally the primary contact is the person who crea d/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additio 1 or missing information. Name of Primary Staff Barbara Lanc or Adam Northrup Contact Information 239-252-899 Contact/ Department Agenda Date Item was 4/25/17 Agenda Item Number 16.F.2 Approved by the BCC Type of Document Contract Extension Number of Original X f Attached Documents Attached p� PO number or account N/A 12-5957 Financial Public Financial number if document is Advisory Services Management to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature STAMP OK N/A 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be BL signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the N/A document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's BL signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on and all changes made during eye the meeting have been incorporated in the attached document. The County *� + Attorney's Office has reviewed the changes,if applicable. --- � il 9. Initials of attorney verifying that the attached document is the version approved by th; 4" BCC,all changes directed by the BCC have been made,and the document is ready fo the ct Chairman's signature. _ v . 1 6 F 2 MEMORANDUM Date: May 23, 2017 To: Barbara Lance, Purchasing Tech Procurement Services From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Contract #12-5957 Extension Contractor: Public Financial Management Attached, please find an original copy of the contract referenced above, (Item #16F2) approved by the Board of County Commissioners on Tuesday, April 25, 2017. The second original contract will be held in the Minutes and Records Department for the Official Record. If you have any questions, please contact me at 252-8406. Thank you. Attachment 16F2 EXTENSION OF AGREEMENT #12-5957 "FINANCIAL ADVISORY SERVICES" This EXTENSION, is made and entered into on April, ,26 ' ,2017,by and between Public Financial Management, Inc., ("Consultant") and Collier County, a political subdivision of the State of Florida("Collier County"). WHEREAS, on May 28, 2013, the Consultant and Collier County entered into Agreement#12-5957 for Financial Advisory Services("Agreement"). A copy of the Agreement together with all Agreement renewals are attached hereto as Exhibit A; and WHEREAS, Agreement#12-5957 will expire on May 27, 2017; and WHEREAS,the Consultant and Collier County wish to extend the term of the Agreement to May 31, 2020. NOW THEREFORE, in consideration of the mutual promises in this Extension of Agreement#12-5957, and for other good and valuable consideration,the receipt and sufficiency of which are acknowledged by the parties, it is agreed as follows: 1. The term of Agreement#12-5957 is hereby extended to May 31, 2020. 2. All future renewals of Agreement#12-5957 are subject to approval by the Board of County Commissioners. 3. Except as stated herein, all other terms and conditions of Agreement #12-5957 shall remain in full force and effect. IN WITNESS WHEREOF, the undersigned have executed and delivered this Extension of Agreement #12-5957 effective as of the date first above written. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COL E AUNTY, FLORIDA s. • ty Clerk PENNY YLOR, tJfIRMAN Attest air fo Chairman's signature only.A war • 1 16F2 Public Financial Management,Inc. Consultant /7/7 . By: _ First Witness Signature Ped(0 (A(Qnc'N TType/print witness nameT (7— _ /4.0 pitif Second Witness Type/print signature and title Ar�k TType/print witness nameT Approve.;as to o :ality: By: Attil Jeffre ow Coun A irney 2 16F2 EXHIBIT AGREEMENT 12-5957 for Financial Advisory Services THIS AGREEMENT, made and entered into on this 2' day of 2013, by and between Public Financial Management,Inc.,authorized to do business in the tate of Florida,whose business address is 300 S. Orange Avenue, Suite 1170, Orlando Florida 32801, hereinafter ("the Consultant") and Collier County,a political subdivision of the State of Florida, (the"County"): WITNES SETH: 1. COMMENCEMENT. The Consultant shall commence the work upon Board of County Commissioner's award. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred and eighty (180) days. 2. CONTRACT TERM. The contract shall be for a two (2) year period, commencing on date of Board award. The County may, at its discretion and with the consent of the Consultant,renew the Agreement under all of the terms and conditions contained in this Agreement for two (2) additional one (1) year periods. The County shall give the Consultant written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. 3. STATEMENT OF WORK. The Consultant shall provide financial advisory services in accordance with Exhibit A Scope of Services, the terms and conditions of RFP #12-5957 and the Consultant's proposal referred to herein and made an integral part of this agreement. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Consultant and the County Project or Contract Manager or his designee, in compliance with the County's Purchasing Policy and Administrative Procedures in effect at the time such services are authorized. 4. COMPENSATION: The County shall pay the Consultant for the performance of this Agreement upon completion or partial completion of the work tasks as accepted and approved by the County Project Manager or his designee pursuant to the fees as set forth in Exhibit B, included in this agreement, together with the Travel and Reimbursable Expenses as defined in this agreement. Payments shall be made to the Consultant when requested as work progresses,but not more frequently than once per month, hours worked based on the attached fee schedule Exhibit B and at actual costs for Travel Expenses. Payment will be made upon receipt of a proper invoice and in compliance with Chapter 218 Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". 4.1 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline Page 1 of 12 16F2 period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. 4.2 TRAVEL AND REIMBURSABLE EXPENSES: Travel and Reimbursable Expenses must be approved in advance in writing by the County. Travel expenses shall be reimbursed as per Section 112.061 Fla.Stats. Reimbursements shall be at the following rates: Mileage $0.445 per mile Breakfast $6.00 Lunch $11.00 Dinner $19.00 Airfare Actual ticket cost limited to tourist or coach class fare Rental car Actual rental cost limited to compact or standard-size vehicles Lodging Actual cost of lodging at single occupancy rate with a cap of no more than $150.00 per night Parking Actual cost of parking Taxi or Airport Actual cost of either taxi or airport Limousine limousine Reimbursable items other than travel expenses shall be limited to the following: telephone long- distance charges, fax charges, photocopying charges and postage. Reimbursable items will be paid only after Consultant has provided all receipts. Consultant shall be responsible for all other costs and expenses associated with activities and solicitations undertaken pursuant to this Agreement. 5. SALES TAX. Consultant shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof,which are applicable during the performance of the Work. 6. NOTICES. All notices from the County to the Consultant shall be deemed duly served if mailed or faxed to the Consultant at the following Address: Sergio Masvidal,Director The PFM Group 255 Alhambra Circle, Suite 404 Coral Gables,FL 33134 (305)448-6992 (305)448-7131 Fax Page 2 of 12 16F2 All Notices from the Consultant to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Purchasing Department 3327 Tamiami Trail,East Naples,Florida 34112 Attention:Purchasing&General Services Director 239-252-8407 239-252-6480 Fax The Consultant and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Consultant or to constitute the Consultant as an agent of the County. 8. PERMITS: LICENSES: TAXES. The Consultant shall also be solely responsible for payment of any and all taxes levied on the Consultant. In addition, the Consultant shall comply with all rules, regulations and laws of Collier County,the State of Florida, or the U. S. Government now in force or hereafter adopted. The Consultant agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Consultant. 9. NO IMPROPER USE. The Consultant will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state,county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Consultant or if the County or its authorized representative shall deem any conduct on the part of the Consultant to be objectionable or improper, the County shall have the right to suspend the contract of the Consultant. Should the Consultant fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice,such suspension to continue until the violation is cured. The Consultant further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 10. TERMINATION. Should the Consultant be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. In the event that the County terminates this Agreement, Consultant's recovery against the County shall be limited to that portion of the Contract Amount earned through the date of termination. The Consultant shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. 11. NO DISCRIMINATION.The Consultant agrees that there shall be no discrimination as to race, sex,color,creed or national origin. Page 3 of 12 F 2 12. INSURANCE. The Consultant shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $500,000 Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations;Independent Consultants;Products and Completed Operations and Contractual Liability. B. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $100,000 for each accident. C. Professional Liability: Shall be maintained by the Consultant to ensure its legal liability for claims arising out of the performance of professional services under this Agreement. Consultant waives its right of recovery against County as to any claims under this insurance. Such insurance shall have limits of not less than$1,000,000 each claim and in the aggregate. Special Requirements: Collier County Government shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Consultant during the duration of this Agreement. The Consultant shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County ten (10) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: ten (10) days prior written notice,or in accordance with policy provisions. Consultant shall also notify County,in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation,non-renewal or material change in coverage or limits received by Consultant from its insurer, and nothing contained herein shall relieve Consultant of this requirement to provide notice. Consultant shall ensure that all subConsultants comply with the same insurance requirements that he is required to meet. 13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Consultant, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Consultant or anyone employed or utilized by the Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. Page 4 of 12 �� CA 16F2 13.1 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Consultant, County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Consultant. Consultant's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 14. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Office of Management and Budget. 15. CONFLICT OF INTEREST: Consultant represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Consultant further represents that no persons having any such interest shall be employed to perform those services. 16. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the following component parts, all of which are as fully a part of the contract as if herein set out verbatim: Exhibits A and B, Consultant's Proposal, Insurance Certificate, RFP #12-5957 Specifications/Scope of Services and Addenda. 17. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this agreement is subject to appropriation by the Board of County Commissioners. 18. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give,either directly or indirectly, any favor, gift, loan,fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual,firm,and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time,including but not limited to: submitting bids,RFP,and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. 19. IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement, the Consultant is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Consultant to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 20. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful Consultant extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful Consultant. Page g O CA 16F2 21. AGREEMENT TERMS. If any portionAgreement of this AT eement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 22. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this contract in compliance with the Purchasing Policy. 23. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Consultant with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Consultant with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla.Stat. 24. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 25. KEY PERSONNEL/CONTRACT STAFFING: The Consultant's personnel and management to be utiii7ed for this contract shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilised in the performance of the contract. The Consultant shall assign as many people as necessary to complete the required services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet the service dates. The Consultant shall not change Key Personnel unless the following conditions are met: (1) Proposed replacements have substantially the same or better qualifications and/or experience. (2) that the County is notified in writing as far in advance as possible. The Consultant shall make commercially reasonable efforts to notify Collier County within seven (7) days of the change. The County retains final approval of proposed replacement personnel. 26. ORDER OF PRECEDENCE: In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Request for Proposal (RFP) and/or the Consultant's Proposal, the Contract Documents shall take precedence. In the event of any conflict between the terms of the RFP and the Consultant's Proposal,the language in the RFP would take precedence. 27. ASSIGNMENT: Consultant shall not assign this Agreement or any part thereof,without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. if Consultant does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Consultant all of the obligations and responsibilities that Consultant has assumed toward the County. Page 6 of 12 e CA 16F2 IN WITNESS WHEREOF, the Consultant and the County,have each,respectively,by an authorized person or agent,hereunder set their hands and seals on the date and year first above written. BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER 'OU ,FL• IDA Dyv3: E. Brock,Clerk of Court f' A By: GeorgiId!, Esq.,Chairwoman 4: hairman's sign*** Public Financial Management,Inc. Consultant UleGef By: e—��1// First Witness Signature /v, C Oft Rocs TType/print witness nameTDYWABAn / /�aO /1 // �%/ 70.1 /�yy�3�• /0,,,,./4, Second Witness Type/print signature and title / , CKrena_ 8. 7.) ws TType/print witness nameT Approved as to form and &A,C-14V+kv)- Assistant Cy A r r nn -� Item* 1 F3 Grn1P�n Na Name In Anda �S Z�I F Date Rc' 5 l3 Recd ( 020X-4-sa _ Deputy Clerk Page 7of12 r. 0 16F2 EXHIBIT A Scope of Services Detailed Scope of Work The Consultant or ("Financial Advisor")must be able to provide a full scope of financial advisory services. The services may include,but are not limited to,the following: A. Ongoing Services Without Regard to Specific Bond Issues or Capital Financings. Consultant agrees to provide comprehensive services as financial advisor which may include,but are not limited to,the following as requested: 1. Attend any and all meetings as required by the Board of County Commissioners, County Manager, and the Clerk of the Circuit Court or their designees, the Budget Director or Finance Director. 2. Assist the County in developing a long-term plan to address all proposed capital needs and how these needs should be funded. 3. Assist the County with interpretation and implementation of provisions on outstanding bond issues. Periodically review all outstanding bond issues to determine and recommend if refunding or restructuring of these issues is in the County's best interest. 4. Develop and update report(s) on the County's outstanding bonds and available revenues, which will be made available to the Board of County Commissioners. See attached schedule of debt outstanding. 5. Prepare studies and analyses as requested by the BCC,the Clerk of the Circuit Court, or their designees. 6. Develop and update a debt comparison analysis showing the County's outstanding general obligation and non-ad valorem debt as compared to several similar sized counties within the State of Florida. Ratios will also be developed within such report based upon selected standardized criteria. 7. Provide periodic reports for, and/or coordinate meetings with, rating agencies and credit enhancers to provide an overview of the County's existing situation and a preview of any upcoming capital improvement program. 8. Assist the County in developing requests for proposals for and selecting bond counsel, disclosure counsel and underwriters, if necessary, which best provide the resources and knowledge needed by the County in structuring debt issues. 9. Assist the County in analyzing how the Capital Improvements Element of the County's Comprehensive Plan may affect future financing needs. 10. Assist the County in analysis of various investment opportunities concerning investment of County funds and bond proceeds. 11. Review presentations of proposals from underwriters, banks or other companies and advise the County as to the usefulness or advantages of such proposals. B. Services Rendered with Regard to a Public Offering of Securities. Consultant agrees to provide to County services required of a Financial Advisor regarding specific public offerings of securities,which may include,but are not limited to: 1. Preparing a comprehensive plan or the offering,taking into consideration federal arbitrage regulations and other legal parameters, presenting financing alternatives, evaluating debt Page 8 of 12 610 �� 16F 2 capacity, future flexibility and vulnerability to market conditions, estimating financing costs and setting forth various structuring alternatives. 2. Providing technical financial oversight and advice to the "Finance Committee" "Bond working group" consisting of the County Manager and County Clerk of the Circuit Court, or their designees, County Attorney, Budget Director, Finance Director, underwriters, bond counsel and others. 3. Preparing time schedules coordinating the necessary actions of the County and other members of the bond working group and estimating the date of sale of bonds and availability of proceeds. 4. Providing legal counsel with information and details necessary for drafting of the authorizing bond resolution or ordinance and validation documents. 5. Assisting, if applicable, in validation proceedings and testifying as an expert witness on the offering. 6. Advising as to the advantages and disadvantages of municipal bond insurance or other credit enhancements. 7. Coordinating with and providing the municipal bond rating agencies (and other credit enhancers, if applicable) with information necessary to obtain the highest possible rating on the bonds. This may include scheduling on-site visits by or meetings with such companies. 8. Advising the BCC, Finance Committee and staff as to market conditions and recommending the timing of the sale of the bonds. 9. Assisting the BCC in preparing a comprehensive official statement of the bonds in conformance with full disclosure guidelines,and arranging for its printing. 10. Assisting the BCC and staff with the selection, via bid process, of a paying agent and registrar and trustee (if applicable)for the bonds. 11. Advising as to the advantages and disadvantages of a negotiated versus public sale of bonds. C. Services Specific to a Public Sale of Bonds. 1. In cooperation with legal counsel,preparing the Official Notice of Sale of the bonds. 2. Advise the County on a bond sale date that will result in the issue not being marketed in competition with several other issues. 3. Arranging for the insertion of necessary advertisements of the Notice of Sale in The Bond Buyer and other financial publications. 4. Assisting the County at the time of sale in checking all bids for compliance with bid specifications, and making a recommendation as to award of the bonds in the best interest of the County. 5. Coordinating bond closing,preparation of closing memorandum and transfer of funds. D. Services Specific to Negotiated Sale of Bonds 1. Assisting in selection of the managing underwriter and co-managing underwriters from the County's approved list of underwriters. 2. Advising whether or not a selling group is necessary. 3. Evaluating the bond purchase agreement and advising as to its acceptance or rejection in light of market conditions. 4. Advising the County as to a bond structure that is both saleable in the capital markets in light of current market conditions and meets the needs of the County. Page 9 of 12 0 C.q 16F2 5. Negotiating in coordination with the County the interest rates proposed by the underwriters for the bonds, as well as the underwriters' compensation and expenses on the issue expressed in terms of the gross underwriters discount. 6. Assisting the County in supervising allocation of bonds, underwriting risk and management split fees among the underwriting syndicate with the goal of encouraging competition and productivity to produce the lowest interest cost to the County,to produce an equitable bond distribution among the managers, and to provide for the widest possible distribution of bonds to facilitate liquidity in the secondary market. 7. Preparation of a financing summary booklet, such booklet containing a comparison of interest rates on the County's issue versus interest rates on similar issues in the market and a cost/benefit analysis of credit enhancement whether or not some form of credit enhancement is used,and final amortization schedule. 8. Coordinating bond closing,preparation of closing memorandum and transfer of funds. 9. Assisting the County in the development of investment programs for bond proceeds. 10. Review and approval of all invoices submitted to the County in connection with the offering. E. Financings Not Involving a Public Offering of Securities. Situations may arise in which the County faces financing needs,which are not conducive to the public issuance of securities. Alternative financing vehicles in these instances may include: private placement of debt, participation in pooled short-term borrowing programs,bank loans,tax anticipation notes, revenue anticipation notes and others or other instruments. With regards to these needs, services by the Consultant as financial advisor may include (in addition to services previously outlined): 1. Assisting the County in selection of the appropriate financing vehicle. 2. Assisting in the preparation of private placement memorandum, loan applications, or other information related to the financing. 3. Assisting in the preparation of investor letters,which may be required in association with private placements. 4. Certain circumstances may arise in which the County may wish to place securities privately with a limited number of sophisticated investors. In this circumstance, the County may wish to use the Financial Advisor as placement agent to facilitate the placement of such services. In no event will the Financial Advisor participate directly or indirectly as placement agent without the written consent of the Board of County Commissioners as evidenced by written documentation. F. Conduit Financings. On occasion,the County will be asked to act as a conduit issuer to issue bonds for the benefit of private companies located within the County. If the Financial Advisor is advised by the County Manager or his designee to serve as the County's Financial Advisor on a proposed conduit financing,the prospective borrower shall execute an agreement with the financial advisor for payment of all fees and expenses related to the proposed project(s). At the direction of the County,the Financial Advisor will assist the County in developing a set of criteria with which to determine whether or not to act as conduit issuer on any proposed conduit financing. Some of these criteria may include: an analysis of the public purpose of the project,an analysis of the need of the project(as defined by the County), security of the financing including any forms of credit enhancement,anticipated rating of the financing and method of sale of which will be utilized for the financing. With regard to financings issued by various authorities created by the Board of County Commissioners,or conduit financings issued by the County for the benefit of private Page 10 of 12 e CA 16F2 companies within the County,the services as Financial Advisor may include,but are not to be limited to the following: 1. Review of all legal documentation in connection with the project to ensure that the Authority and the County are protected from liability to the maximum extent possible. 2. Analysis of the feasibility study and revenue and debt projections to ensure that they are reasonable in light of current market conditions. 3. Preparation of a written summary and analysis of the financing, to be presented to the BCC upon the sale of the bonds. Page 11 of 12 16F2 EXHIBIT B Fee Schedule Page 12 of 12 S 1 6 F2 • Cost of Services to the County Pricing shall be inclusive of all costs and shall be full compensation for all services,labor,tools, equipment, local travel(within Lee and Collier County)and any other items required for project completion andlor completion of services.Travel expenses outside of Lee and Collier County shall be reimbursed at the rates used by Collier County for its employees as per Section 112.061 Fla. Stats. For all services not direct] related to the issuance of bonds or notes, .lease .rovide in this format: Hourly rate for time and services for all officers, Senior Vice Presidents $180.00 and First Vice Presidents. (Per hour) (Managing Directors, Directors, Senior Managing Consultants) Hourly rate for time and services for all financial and computer analysts. $150.00 (Senior Analysts,Analysts) (Per hour) Alternative cost to above hourly fees in the form of a monthly retainer. $1,000.00 (Per month) For all services related to the issuance of bonds or notes issued by the Fee per$1,000 County, regardless of the manner of sale: a. For the first$10,000,000 a. $ 1.00 b. For the next$10,000,000 b. $0.85 c. Amounts above$20,000,000 c. $0.75, d. Maximum fee per any singular issue d. $50,000.00 e. Minimum fee per any singular issue e. $ 15.000.00 We are prepared to negotiate the fees in a manner that is mutually agreeable if we are selected, As such we never want prospective clients to dismiss our proposal on the basis of fees. While our proposed fees may not be the lowest, it is important to understand the full array of services that PFM provides and the overall cost benefit that can be accomplished with PFM as the City's financial advisor. Our goal is to create the proper balance of service to provide the most cost effective financial advice. Please note that PFM very much appreciates our long standing relationship with the County. It is our full intent to continue to provide high-quality service to the County into the future. Structured Products, Investment Advisory,Arbitrage Rebate,and Other Services The financial advisory compensation proposed above does not apply to services related to procurements of bond proceeds investments, investment management, or arbitrage rebate. Fees for these special services shall be negotiated as a function of the complexity of the proposed engagement and the specific scope of services outlined. PFM Asset Management LLC, registered investment advisor, is prepared to offer the County its full range of investment management and arbitrage rebate compliance services. This might include the procurement of structured investment products or other investment securities for a bond construction account or refunding escrow. If needed, these services would be performed by PFM Asset Management LLC pursuant to a separately negotiated letter agreement. PFM Asset Management LLC fully discloses all fees related to any transaction. Swaps used as debt management tools would also be subject to a negotiated fee schedule depending on the size and complexity of the transaction. Swap transactions would be executed by PFM Asset Management LLC subject to a letter agreement. Collier County—Proposal for Financial Advisory Services—RFP 12-5957 17 e CA 1 6 F 2 I AWRD® DATE CERTIFICATE OF LIABILITY INSURANCE6/5/20(13m /oDrv) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the I certificate holder in lieu of such endorsement(s). CONTACT PRODUCER NAME: Ryan Farnsworth Frank Crystal 8 Co., Inc. lac°.No.EM1:212 504 1814 FAX No):212-509-1292 a Crystal&Company .•ADDRESS: -I - IE r CI •II Financial Square, 32 Old Slip New York NY 10005 INSURER(S)AFFORDING COVERAGE NAIC S INSURERA:Indian Harbor Insurance Company 36940 INSURED INSURER B: I Public Financial Management, Inc. INSURER C: Two Logan Square, Suite 1600 INSURER D: 18th and Arch Streets Philadelphia PA 19103 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:1133143423 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE IADDL SUBR POLICY EFF POLICY EXap— P LIMITS LTR I INSR WVD POLICY NUMBER (MM/DDIYYYY) IMM/DD/YYYY) GENERAL LIABILITY 1 i EACH OCCURRENCE $ DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $ j CLAIMS-MADE OCCUR MED EXP(Any one person) $ PERSONAL&ADV INJURY 5 GENERAL AGGREGATE $ GENL AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OPAGG_ $ _ POLICY JPRO 7 LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMI f (Ea accident) $ ANY AUTO BODILY INJURY(Per person) $ '.. ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS (Per eccide� $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ I DED RETENTIONS $ WORKERS COMPENSATION WC STATU- ' 0TH- AND EMPLOYERS'LIABILITY Y/N TORY LIMITS I ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N I A — — - - (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE.POLICY LIMIT $ A Professional Liability IELU12806112 11/30/2012 11/30/2013 Limit of Liability $15,000,000 each claim/aggregate all claims. DESCRIPTION OF OPERATIONS/LOCATIONS l VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If more space Is required) Evidence of Coverage only. For any and all work performed on behalf of Collier County. THE PROFESSIONAL LIABILITY POLICY IS NON-CANCELABLE BY THE INSURER EXCEPT FOR NON-PAYMENT OF PREMIUM. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Collier County Board of Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. 3327 Tamiami Trail, East , Naples FL 34112 AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD 1 1 6 F 2 _ ___.--.., 1 . 1 DATE(MM/ ACCORD C CERTIFICATE OF LIABILITY INSURANCE 6/7/2013 DDmrr) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTNAME: Theresa Brancato PRODUCER ' Frank Crystal&Co., Inc. INC.No.Ext):212-504-5949 FAX A c.No):212 509 1292 • dba Crystal Company E-MAILFinancial Square, 32 Old Slip ss:theresa.brancatoOcrystalco.com , New York NY 10005 INSURER(S)AFFORDING COVERAGE _ NAIC# INSURER A:Great Northern Insurance Company 0303 INSURED PUBLFI INSURER B Federal Insurance Company 0281 Public Financial Management, Inc. INSURER C: Two Logan Square, Suite 1600 INSURER D: 18th and Arch Streets Philadelphia PA 19103 INSURER E: l INSURER F: COVERAGES CERTIFICATE NUMBER:292010880 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR ' POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR MD POLICY NUMBER IMM/DD/YYYYI (MM/DD/YYYY) LIMITS A GENERAL LIABILITY Y 35363950 11/30/2012 11/30/2013 EACH OCCURRENCE $1,000,000 X DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $1,000,000 I CLAIMS-MADE �X OCCUR MED EXP(Any one person) $10,000 • PERSONAL&ADV INJURY $1,000,000 I GENERAL AGGREGATE $2,000,000 ' GE 'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $Included _ X POLICY PRO- $ lECT LOC B AUTOMOBILE LIABILITY 73248555 11/30/2012 11/30/2013 LOMBINLD SINGLE LIMIT (Ea accident) $1,000,000 ANY AUTO BODILY INJURY(Per person) 5 ALL OWNED SCHEDULED IBODILY INJURY(Per accident) $ AUTOS _ AUTOS PROPERTY DAMAGE $ X HIRED AUTOS (Per accident)X NON-OWNED AUTOS i I B X UMBRELLA UAB X OCCUR 79774080 11/30/2012 11/30/2013 EACH OCCURRENCE $10,000,000 I EXCESSLIAB CLAIMS-MADE AGGREGATE $10,000,000 I DED I RETENTION$ $ A WORKERS'COMPENSATION 71739979 1/1/2013 1/1/2014 x WCSTATU- ' 0TH- AND EMPLOYERS'LIABILITY Y/N TORY LIMITS I ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N/A 1 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 B yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 i I DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,II more space Is required) RE: For any and all work performed on behalf of Collier County Contract#12-5957"Financial Advisory Services" I It is hereby understood and agreed that Collier County Board of Commissioners and Collier County Government are included as Additional Insureds with respect to General Liability coverage only. See Attached... CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Collier County Board of Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. 3327 Tamiami Trail, East Naples FL 34112 AUTHORIZED REPRESENTATIVE Chord.@- 9L ` °t"sn_. I ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD 1 6 F2 Liability Insurance Endorsement Policy Period NOVEMBER 30,2012 TO NOVEMBER 30,2013 Effective Date JUNE 5,2013 Policy Number 3536-39-50 DTO Insured PUBLIC FINANCIAL MANAGEMENT,INC Name of Company GREAT NORTHERN INSURANCE COMPANY This Endorsement applies to the following forms: GENERAL LIABILITY Who Is An Insured Scheduled Person or Organization Under Who Is An Insured,the following provision is added: Subject to all of the terms and conditions of this insurance,any person or organization shown in the Schedule,acting pursuant to a written contract or written agreement between you and such person or organization,is an insured;but they are insureds only with respect to liability arising out of your operations,or your premises,if you are obligated,pursuant to such written contract or written agreement,to provide them with such insurance as is afforded by this policy. However,no such person or organization is an insured with respect to any: • assumption of liability by them in a written contract or written agreement.This limitation does not apply to the liability for damages for injury or damage,to which this insurance applies,that the person or organization would have in the absence of such written contract or written agreement. • damages arising out of their sole negligence. Scheduled Person or Organization Contract#12-5957 "Financial Advisory Services" Collier County Board of Commissioners 3327 Tamiami Trail,East Naples FL 34112 All other terms and conditions remain unchanged. Liability Insurance Additional Insured-Scheduled Person Or Organization continued 80-02-2367(Rev.8-04) Endorsement Page 1 0 16F2 PFM Insurance Statement Public Financial Management (PFM) is pleased to conform to the insurance requirements as outlined in the RFP. However, due to constraints imposed by the underlying insurer, our policies cannot be endorsed to guarantee notification if coverage is reduced or materially changed. Therefore, PFM asserts the following and will be bound by submission of our proposal to the Collier County Board of Commissioners. "PFM will not materially alter any of the insurance policies currently in force and relied on in this proposal. Further, PFM will not reduce any coverage amount below the limits specified in the RFP". O Co ler County 16 F Administrative Services Department Procurement Services Division March 9, 2015 Mr. Sergio Masvidal, Director The PFM Group 255 Alhambra Circle, Suite 404 Coral Gables, FL 33134 FAX: 305-448-7131 Email: masvidals@pfm.com RE: Contract Renewal for#12-5957 "Financial Advisory Services" Dear Mr. Masvidal: Collier County would like to renew the above agreement under the same terms and conditions for one (1) additional year in accordance with the renewal clause in the agreement. This renewal is contingent upon Project Manager approval. If you are agreeable please indicate your intentions by providing the information as requested below: X I am agreeable to renewing the above referenced contract under the same terms, conditions, and pricing as the existing contract. The following attached documentation must be provided with response. • Provide a copy of the company's Department of Homeland Security executed E-Verify profile page or memorandum of understanding. I am not agreeable to renewal of this contract. By signature this contract will be in effect from May 28, 2015 until May 27, 2016. Please take a moment to review the Collier County Online Bidding System and refresh your business profile information. Log into the County's site at: http://bid.colliergov.net/bid/, select My Profile and My Commodities, and review information and commodities to ensure they accurately reflect your business. oolLit , Procurement Services Division.3327 Tamiami Trail East•Naples,Florida 341'12-4001 •239-2525407•awaw.colliergov.net/procurementservices 16 ' ` Page 2 of 2 RE: Contract Renewal for#12-5957"Financial Advisory Services" Please return this letter to the Purchasing Department with your response and E-Verify or MOU at your earliest convenience. If you have any questions you may contact Lissett De La Rosa at 239-252-6020, email lissettdelarosa(a.collieroov.net or FAX 239-252-6592 or 239-732-0844. Respectfully, 44:1:1;0. e Markiewt Division Director—Procurement Services Acceptance of Contract Renewal Name of Company PUBLIC Fl ANAL MANAGEMENT INC Company Signature (Corporate Officer) "`. . Print Corporate Steve Boyle.Secretary/Manan no Director Officer Name Signature Date March 10,2015 UpdatedContact Information (In order,to make sure our contact information is current.) Contact Name SERGIO MASVIDAL Telephone Number 305-448-6992 FAX Number 305-448-7131 Email Address MASVIDALSAPFM.COM Address 255 Alhambra Circle, Suite 404 C: Mark Isackson, Division Director, OMB T 16F2 Company ID Number: 52252 'MEN FRIFIC %Iwo, NIP..%I(1 N!)1JT I OF 1RS ARTICLE I PURPOSE AND AUTHORITY This Memorandum of Understanding (MOU) sets forth the points of agreement between the Social Security Administration (SSA), the Department of Homeland Security (DHS) and Public Financial Management (Employer) regarding the Employer's participation in the Employment Eligibility Verification Program (E-Verify). E-Verify is a program in which the employment eligibility of all newly hired employees will be confirmed after the Employment Eligibility Verification Form(Form I-9)has been completed. Authority for the E-Verify program is found in Title IV, Subtitle A, of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996(IIRIRA), Pub. L. 104-208, 110 Stat. 3009, as amended(8 U.S.C. § 1324a note). ARTICLE II FUNCTIONS TO BE PERFORMED A. RESPONSIBILITIES OF THE SSA 1. Upon completion of the Form I-9 by the employee and the Employer, and provided the Employer complies with the requirements of this MOU, SSA agrees to provide the Employer with available information that allows the Employer to confirm the accuracy of Social Security Numbers provided by all newly hired employees and the employment authorization of U.S. citizens. 2. The SSA agrees to provide to the Employer appropriate assistance with operational problems that may arise during the Employer's participation in the E-Verify program. The SSA agrees to provide the Employer with names, titles, addresses, and telephone numbers of SSA representatives to be contacted during the E-Verify process. 3. The SSA agrees to safeguard the information provided by the Employer through the E- Verify program procedures, and to limit access to such information, as is appropriate by law, to individuals responsible for the verification of Social Security Numbers and for evaluation of the E-Verify program or such other persons or entities who may be authorized by the SSA as governed by the Privacy Act(5 U.S.C. § 552a), the Social Security Act(42 U.S.C. 1306(a)), and SSA regulations(20 CFR Part 401). 4. SSA agrees to establish a means of automated verification that is designed (in conjunction with DHS's automated system if necessary) to provide confirmation or tentative nonconfirmation of U.S. citizens' employment eligibility and accuracy of SSA records for both citizens and aliens within 3 Federal Government work days of the initial inquiry. 0 I 6F2 Company ID Number: 52252 5. SSA agrees to establish a means of secondary verification (including updating SSA records as may be necessary) for employees who contest SSA tentative nonconfirmations that is designed to provide final confirmation or nonconfirmation of U.S. citizens' employment eligibility and accuracy of SSA records for both citizens and aliens within 10 Federal Government work days of the date of referral to SSA, unless SSA determines that more than 10 days may be necessary.In such cases, SSA will provide additional verification instructions. B. RESPONSIBILITIES OF THE DEPARTMENT OF HOMELAND SECURITY 1. Upon completion of the Form 1-9 by the employee and the Employer and after SSA verifies the accuracy of SSA records for aliens through E-Verify, DHS agrees to provide the Employer access to selected data from DHS's database to enable the Employer to conduct: • Automated verification checks on newly hired alien employees by electronic means, and • Photo verification checks(when available)on newly hired alien employees. 2. DHS agrees to provide to the Employer appropriate assistance with operational problems that may arise during the Employer's participation in the E-Verify program. DHS agrees to provide the Employer names, titles, addresses, and telephone numbers of DHS representatives to be contacted during the E-Verify process. 3. DHS agrees to provide to the Employer a manual (the E-Verify Manual) containing instructions on E-Verify policies, procedures and requirements for both SSA and DHS, including restrictions on the use of E-Verify.. DHS agrees to provide training materials on E-Verify. 4. DHS agrees to provide to the Employer a notice, which indicates the Employer's participation in the E-Verify program. DHS also agrees to provide to the Employer anti- discrimination notices issued by the Office of Special Counsel for Immigration-Related Unfair Employment Practices(OSC),Civil Rights Division,and U.S.Department of Justice. 5. DHS agrees to issue the Employer a user identification number and password that permits the Employer to verify information provided by alien employees with DHS's database. 6. DHS agrees to safeguard the information provided to DHS by the Employer, and to limit access to such information to individuals responsible for the verification of alien employment eligibility and for evaluation of the E-Verify program, or to such other persons or entities as may be authorized by applicable law. Information will be used only to verify the accuracy of Social Security Numbers and employment eligibility, to enforce the Immigration and Nationality Act and federal criminal laws, and to ensure accurate wage reports to the SSA. 7. DHS agrees to establish a means of automated verification that is designed (in conjunction with SSA verification procedures) to provide confirmation or tentative nonconfirmation of employees' employment eligibility within 3 Federal Government work days of the initial inquiry. 0 1 6 F2 Company ID Number: 52252 8. DHS agrees to establish a means of secondary verification (including updating DHS records as may be necessary) for employees who contest DHS tentative nonconfirmations and photo non-match tentative nonconfirmations that is designed to provide final confirmation or nonconfirmation of the employees' employment eligibility within 10 Federal Government work days of the date of referral to DHS, unless DHS determines that more than 10 days may be necessary. In such cases,DHS will provide additional verification instructions. C. RESPONSIBILITIES OF THE EMPLOYER 1. The Employer agrees to display the notices supplied by DHS in a prominent place that is clearly visible to prospective employees. 2. The Employer agrees to provide to the SSA and DHS the names, titles, addresses, and telephone numbers of the Employer representatives to be contacted regarding E-Verify. 3. The Employer agrees to become familiar with and comply with the E-Verify Manual. 4. The Employer agrees that any Employer Representative who will perform employment verification queries will complete the E-Verify Tutorial before that individual initiates any queries. A. The employer agrees that all employer representatives will take the refresher tutorials initiated by the E-Verify program as a condition of continued use of E- Verify. B. Failure to complete a refresher tutorial will prevent the employer from continued use of the program. 5. The Employer agrees to comply with established Form I-9 procedures, with two exceptions: • If an employee presents a"List B" identity document,the Employer agrees to only accept "List B" documents that contain a photo. (List B documents identified in 8 C.F.R. § 274a.2 (b)(1)(B))can be presented during the Form I-9 process to establish identity). • If an employee presents a DHS Form I-551 (Permanent Resident Card) or Form I-766 (Employment Authorization Document) to complete the Form I-9, the Employer agrees to make a photocopy of the document and to retain the photocopy with the employee's Form 1-9. The employer will use the photocopy to verify the photo and to assist the Department with its review of photo non-matches that are contested by employees. Note that employees retain the right to present any List A,or List B and List C, documentation to complete the Form I-9. DHS may in the future designate other documents that activate the photo screening tool. 6. The Employer understands that participation in E-Verify does not exempt the Employer from the responsibility to complete,retain,and make available for inspection Forms I-9 that relate to its employees, or from other requirements of applicable regulations or laws, except for the following modified requirements applicable by reason of the Employer's participation in E- Verify: (1) identity documents must have photos, as described in paragraph 5 above; (2) a 0 1 6 F2 Company ID Number: 52252 rebuttable presumption is established that the Employer has not violated section 274A(a)(1)(A)of the Immigration and Nationality Act (INA) with respect to the hiring of any individual if it obtains confirmation of the identity and employment eligibility of the individual in compliance with the terms and conditions of E-Verify ; (3) the Employer must notify DHS if it continues to employ any employee after receiving a final nonconfirmation, and is subject to a civil money penalty between $500 and $1,000 for each failure to notify DHS of continued employment following a final nonconfirmation; (4)the Employer is subject to a rebuttable presumption that it has knowingly employed an unauthorized alien in violation of section 274A(a)(1)(A) if the Employer continues to employ any employee after receiving a final nonconfirmation; and (5) no person or entity participating in E-Verify is civilly or criminally liable under any law for any action taken in good faith on information provided through the confirmation system. DHS reserves the right to conduct Form I-9 compliance inspections during the course of E-Verify, as well as to conduct any other enforcement activity authorized by law. 7. The Employer agrees to initiate E-Verify verification procedures within 3 Employer business days after each employee has been hired(but after both sections 1 and 2 of the Form I-9 have been completed),and to complete as many(but only as many)steps of the E-Verify process as are necessary according to the E-Verify Manual. The Employer is prohibited from initiating verification procedures before the employee has been hired and the Form I-9 completed. If the automated system to be queried is temporarily unavailable, the 3-day time period is extended until it is again operational in order to accommodate the Employer's attempting, in good faith, to make inquiries during the period of unavailability. In all cases, the Employer must use the SSA verification procedures first, and use DHS verification procedures and photo screening tool only after the the SSA verification response has been given. 8. The Employer agrees not to use E-Verify procedures for pre-employment screening of job applicants, support for any unlawful employment practice, or any other use not authorized by this MOU. The Employer must use E-Verify for all new employees and will not verify only certain employees selectively. The Employer agrees not to use E-Verify procedures for re- verification, or for employees hired before the date this MOU is in effect. The Employer understands that if the Employer uses E-Verify procedures for any purpose other than as authorized by this MOU, the Employer may be subject to appropriate legal action and the immediate termination of its access to SSA and DHS information pursuant to this MOU. 9. The Employer agrees to follow appropriate procedures (see Article III.B. below) regarding tentative nonconfirmations, including notifying employees of the finding, providing written referral instructions to employees, allowing employees to contest the finding, and not taking adverse action against employees if they choose to contest the finding. Further, when employees contest a tentative nonconfirmation based upon a photo non-match, the Employer is required to take affirmative steps (see Article III.B. below) to contact DHS with information necessary to resolve the challenge. 10. The Employer agrees not to take any adverse action against an employee based upon the employee's employment eligibility status while SSA or DHS is processing the verification request unless the Employer obtains knowledge (as defined in 8 C.F.R. § 274a.1 (1))that the employee is not work authorized. The Employer understands that an initial inability of the SSA or DHS automated verification to verify work authorization,a tentative nonconfirmation,or the finding of . O 16F2 . Company ID Number: 52252 a photo non-match, does not mean, and should not be interpreted as, an indication that the employee is not work authorized. In any of the cases listed above,the employee must be provided the opportunity to contest the finding, and if he or she does so, may not be terminated or suffer any adverse employment consequences until and unless secondary verification by SSA or DHS has been completed and a final nonconfirmation has been issued. If the employee does not choose to contest a tentative nonconfirmation or a photo non-match, then the Employer can find the employee is not work authorized and take the appropriate action. 11. The Employer agrees to comply with section 274B of the INA by not discriminating unlawfully against any individual in hiring, firing, or recruitment or referral practices because of his or her national origin or, in the case of a protected individual as defined in section 274B(a)(3) of the INA, because of his or her citizenship status. The Employer understands that such illegal practices can include selective verification or use of E-Verify, discharging or refusing to hire eligible employees because they appear or sound "foreign", and premature termination of employees based upon tentative nonconfirmations, and that any violation of the unfair immigration-related employment practices provisions of the INA could subject the Employer to civil penalties pursuant to section 274B of the INA and the termination of its participation in E- Verify. If the Employer has any questions relating to the anti-discrimination provision, it should contact OSC at 1-800-255-7688 or 1-800-237-2515 (TDD). 12. The Employer agrees to record the case verification number on the employee's Form 1-9 or to print the screen containing the case verification number and attach it to the employee's Form I-9. 13. The Employer agrees that it will use the information it receives from the SSA or DHS pursuant to E-Verify and this MOU only to confirm the employment eligibility of newly-hired employees after completion of the Form 1-9. The Employer agrees that it will safeguard this information, and means of access to it (such as PINS and passwords)to ensure that it is not used for any other purpose and as necessary to protect its confidentiality, including ensuring that it is not disseminated to any person other than employees of the Employer who are authorized to perform the Employer's responsibilities under this MOU. 14. The Employer acknowledges that the information which it receives from SSA is governed by the Privacy Act (5 U.S.C. § 552a (i) (1) and (3)) and the Social Security Act (42 U.S.C. 1306(a)), and that any person who obtains this information under false pretenses or uses it for any purpose other than as provided for in this MOU may be subject to criminal penalties. 15. The Employer agrees to allow DHS and SSA, or their authorized agents or designees, to make periodic visits to the Employer for the purpose of reviewing E-Verify -related records, i.e., Forms I-9, SSA Transaction Records, and DHS verification records, which were created during the Employer's participation in the E-Verify Program. In addition, for the purpose of evaluating E-Verify, the Employer agrees to allow DHS and SSA or their authorized agents or designees,to interview it regarding its experience with E-Verify,to interview employees hired during E-Verify use concerning their experience with the pilot, and to make employment and E-Verify related records available to DHS and the SSA, or their designated agents or designees. Failure to comply with the terms of this paragraph may lead DHS to terminate the Employer's access to E-Verify. i6F2 Company ID Number: 52252 ARTICLE III REFERRAL OF INDIVIDUALS TO THE SSA AND THE DEPARTMENT OF HOMELAND SECURITY A. REFERRAL TO THE SSA 1. If the Employer receives a tentative nonconfirmation issued by SSA, the Employer must print the tentative nonconfirmation notice as directed by the automated system and provide it to the employee so that the employee may determine whether he or she will contest the tentative nonconfirmation. 2. The Employer will refer employees to SSA field offices only as directed by the automated system based on a tentative nonconfirmation, and only after the Employer records the case verification number, reviews the input to detect any transaction errors, and determines that the employee contests the tentative nonconfirmation. The Employer will transmit the Social Security Number to SSA for verification again if this review indicates a need to do so. The Employer will determine whether the employee contests the tentative nonconfirmation as soon as possible after the Employer receives it. 3. If the employee contests an SSA tentative nonconfirmation, the Employer will provide the employee with a referral letter and instruct the employee to visit an SSA office to resolve the discrepancy within 8 Federal Government work days. The Employer will make a second inquiry to the SSA database using E-Verify procedures on the date that is 10 Federal Government work days after the date of the referral in order to obtain confirmation, or final nonconfirmation,unless otherwise instructed by SSA or unless SSA determines that more than 10 days is necessary to resolve the tentative nonconfirmation.. 4. The Employer agrees not to ask the employee to obtain a printout from the Social Security Number database (the Numident) or other written verification of the Social Security Number from the SSA. B. REFERRAL TO THE DEPARTMENT OF HOMELAND SECURITY 1. If the Employer receives a tentative nonconfirmation issued by DHS,the Employer must print the tentative nonconfirmation notice as directed by the automated system and provide it to the employee so that the employee may determine whether he or she will contest the tentative nonconfirmation. 2. If the Employer finds a photo non-match for an alien who provides a document for which the automated system has transmitted a photo, the employer must print the photo non-match tentative nonconfirmation notice as directed by the automated system and provide it to the employee so that the employee may determine whether he or she will contest the finding. 3. The Employer agrees to refer individuals to DHS only when the employee chooses to contest a tentative nonconfirmation received from DHS automated verification process or when 0 1 6 F2 Company ID Number: 52252 the Employer issues a tentative nonconfirmation based upon a photo non-match. The Employer will determine whether the employee contests the tentative nonconfirmation as soon as possible after the Employer receives it. 4. If the employee contests a tentative nonconfirmation issued by DHS, the Employer will provide the employee with a referral letter and instruct the employee to contact the Department through its toll-free hotline within 8 Federal Government work days. 5. If the employee contests a tentative nonconfirmation based upon a photo non-match, the Employer will provide the employee with a referral letter to DHS. DHS will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. 6. The Employer agrees that if an employee contests a tentative nonconfirmation based upon a photo non-match,the Employer will send a copy of the employee's Form 1-551 or Form I- 766 to DHS for review by: • Scanning and uploading the document, or • Sending a photocopy of the document by an express mail account(furnished and paid for by DHS). 7. The Employer understands that if it cannot determine whether there is a photo match/non-match,the Employer is required to forward the employee's documentation to DHS by scanning and uploading,or by sending the document as described in the preceding paragraph, and resolving the case as specified by the Immigration Services Verifier at DHS who will determine the photo match or non-match. ARTICLE IV SERVICE PROVISIONS The SSA and DHS will not charge the Employer for verification services performed under this MOU. The Employer is responsible for providing equipment needed to make inquiries. To access the E-Verify System, an Employer will need a personal computer with Internet access. ARTICLE V PARTIES This MOU is effective upon the signature of all parties, and shall continue in effect for as long as the SSA and DHS conduct the E-Verify program unless modified in writing by the mutual consent of all parties, or terminated by any party upon 30 days prior written notice to the others. Any and all system enhancements to the E-Verify program by DHS or SSA, including but not limited to the E-Verify checking against additional data sources and instituting new verification procedures,will be covered under this MOU and will not cause the need for a supplemental MOU that outlines these changes. DHS agrees to train employers on all changes made to E-Verify through the use of mandatory refresher tutorials and updates to the E-Verify manual. Even 0 1 6 F2 Company ID Number: 52252 without changes to E-Verify, the Department reserves the right to require employers to take mandatory refresher tutorials. Termination by any party shall terminate the MOU as to all parties. The SSA or DHS may terminate this MOU without prior notice if deemed necessary because of the requirements of law or policy, or upon a determination by SSA or DHS that there has been a breach of system integrity or security by the Employer, or a failure on the part of the Employer to comply with established procedures or legal requirements. Some or all SSA and DHS responsibilities under this MOU may be performed by contractor(s), and SSA and DHS may adjust verification responsibilities between each other as they may determine. Nothing in this MOU is intended, or should be construed, to create any right or benefit, substantive or procedural, enforceable at law by any third party against the United States, its agencies,officers, or employees, or against the Employer,its agents,officers,or employees. Each party shall be solely responsible for defending any claim or action against it arising out of or related to E-Verify or this MOU, whether civil or criminal, and for any liability wherefrom, including (but not limited to) any dispute between the Employer and any other person or entity regarding the applicability of Section 403(d) of IIRIRA to any action taken or allegedly taken by the Employer. The employer understands that the fact of its participation in E-Verify is not confidential information and may be disclosed as authorized or required by law and DHS or SSA policy, including but not limited to, Congressional oversight, E-Verify publicity and media inquiries, and responses to inquiries under the Freedom of Information Act(FOIA). The foregoing constitutes the full agreement on this subject between the SSA, DHS, and the Employer. The individuals whose signatures appear below represent that they are authorized to enter into this MOU on behalf of the Employer and DHS respectively. To be accepted as a participant in E-Verify,you should only sign the Employer's Section of the signature page. If you have any questions, contact E-Verify Operations at 888-464- 4218. Employer Public Financial Management Marie Biggans Name(Please type or print) Title Electronically Signed 08/29/2007 Signature Date Department of Homeland Security—Verification Division O 1 6 F2 Company ID Number: 52252 USCIS Verification Division Name(Please type or print) Title Electronically Signed 08/29/2007 Signature Date 1 6 F2 Company ID Number: 52252 INFORMATION REQUIRED FOR THE E-VERIFY PROGRAM Information relating to your Company: Company Name: Public Financial Management Company Facility Address: Two Logan Square Suite 1600 Philadelphia,PA 19103 Company Alternate Address: County or Parish: PHILADELPHIA Employer Identification Number: 231992164 North American Industry Classification Systems Code: 523 Parent Company: Public Financial Management 100 to Number of Employees: 499 Number of Sites Verified for: 27 Are you verifying for more than 1 site? If yes,please provide the number of sites verified for in each State. • FLORIDA 3 site(s) • ILLINOIS 1 site(s) • MICHIGAN 1 site(s) • ARIZONA 1 site(s) • OHIO 1 site(s) • TEXAS 1 site(s) • NORTH DAKOTA 1 site(s) • NEW YORK 3 site(s) • MINNESOTA 1 site(s) • NEW JERSEY 1 site(s) • PENNSYLVANIA 1 site(s) • TENNESSEE 1 site(s) • MASSACHUSETTS 1 site(s) • DIST OF COL 1 site(s) • CALIFORNIA 3 site(s) • IOWA 1 site(s) • GEORGIA 1 site(s) • VIRGINIA 1 site(s) • NORTH CAROLINA 1 site(s) C t 16F2 Company ID Number: 52252 • MISSOURI 1 site(s) • WASHINGTON I site(s) Information relating to the Program Administrator(s)for your Company on policy questions or operational problems: Name: Marie E Biggans Telephone Number: (215)557-1486 Fax Number: (215)557-1397 E-mail Address: biggansm@pfm.com Name: Deirdre OGrady Telephone Number: (215)557-1489 Fax Number: (215)557-1397 E-mail Address: ogradyd@pfm.com Name: Steve Boyle Telephone Number: (215)567-6100 ext.1429 Fax Number: (215)557-1211 E-mail Address: boyles@pfm.com 14 1 6 F2 unty Administrative Services Department Procurement Services Division March 14, 2016 Mr. Sergio Masvidal, Director The PFM Group 255 Alhambra Circle, Suite 404 Coral Gables, FL 33134 FAX 3055448-7131 Email, masvidals@pfm.com RE: Contract Renewal for# 12-5957 "Financial Advisory Services" Dear Mr. Masvidal. Collier County would like to renew the above agreement under the same terms and conditions for one (1) additional year in accordance with the renewal clause in the agreement. This renewal is contingent upon Project Manager approval. If you are agreeable please indicate your intentions by providing the information as requested below: X I am agreeable to renewing the above referenced contract under the same terms, conditions, and pricing as the existing contract. The following attached documentation must be provided with response. I am not agreeable to renewal of this contract. By signature this contract will be in effect from May 28, 2016 until May 27 2017_ Please take a moment to review the Collier County Online Bidding System and refresh your business profile information, Log into the County's site at: http://bid,colliergov.netibidi, select My Profile and My Commodities, and review information and commodities to ensure they accurately reflect your business. rPr Posouroment Sewes Din•3327 Tarniamo Trail East•Naples,Flonda 34112-4901*230-252-8407.Nwtk,,coittorgov notiprocurementsoN,c'es 1 6 F2 Page 2 of 2 RE: Contract Renewal for # 12-5957 "Financial Advisory Services" Please return this letter to the Purchasing Department with your response at your earliest convenience. if you have any questions you may contact Lissett De La Rosa at 239-252-6020, email lissettdelarosa(acollieroov.net or FAX 239-252-2860, Respectfully, I tto ne Markiewicz Director— Procurement Services Acceptance of Contract Renewal Name of Company Public Financial Management, Inc. Company Signature Print Name Sergio Masvidal, Managing Director Signature Date 3/21/16 Updated Contact Information (In order to make sure our contact information is current.) Contact Name Sergio Masvidal, Managing Director kfelephone Number 786-671-7480 FAX Number kEmail Address masvidals@pfm.com Address 255 Alhambra Circle, Suite 404 Coral Gables, FL 33134 C: Mark Isackson, OMB Client#: 203700 PUBLIFINAN .., ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDIYYW)11/16/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS -- CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED a REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACTNAME: Conner Strong&Buckelew PHONE (A/C,No,Ext):877-861-3220 F AX (A/C/C,No): 856-552-6885 E-MA L Two Liberty Place ADDRESS: 50 S. 16th Street,Suite 3600 INSURER(S)AFFORDING COVERAGE NAIC# Philadelphia, PA 19102 INSURER A:Great Northern Insurance Compan 20303 INSURED INSURER B:Federal Insurance Company 20281 PFM Asset Management LLC INSURER C 1735 Market Street INSURER D 43rd Floor INSURER E: Philadelphia, PA 19103-2770 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) A X COMMERCIAL GENERAL LIABILITY X 35363950 11/30/2016 11/30/2017 EACH OCCURRENCE $1,000,000 CLAIMS-MADE X OCCUR PREMISES TO RENTED ence) $1,000,000 MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 PRO- JE 0- X I I LOC PRODUCTS-COMP/OP AGG $Included in POLICY $General Agg. OTHER: COMBINED SINGLE LIMIT B AUTOMOBILE LIABILITY 73248555 11/30/2016 11/30/2017 (Ea accident) j1,000,000 BODILY INJURY(Per person) $ ANY AUTO ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS PROPERTY NON-OWNED PRO(Per Paccident)ERTY DAMAGE $ X HIRED AUTOS AUTOS $ B I X UMBRELLA LIAB X OCCUR 79774080 11/30/2016 11/30/2017 EACH OCCURRENCE $10,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $10,000,000 $ DED RETENTION$ -- A WORKERS COMPENSATION 71739979 01/01/2017 01/01/2018 X STATUTE OTH- ER AND EMPLOYERS'LIABILITYE.L.EACH ACCIDENT $1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N OFFICER/MEMBER EXCLUDED? N N/A E.L.DISEASE-EA EMPLOYEE $1,000,000 (Mandatory In NH) If yes,describe under E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) Collier County Board of County Commissioners is included as an additional insured under the captioned /6 _ coo oF y Commercial General Liability and Automobile Liability Policies on a primary and non-contributory basis if and to the extent required by written contract. / _ 9, 9 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Collier County Board of County THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. 3327 Tamiami Trail E Naples, FL 34112 AUTHORIZED REPRESENTATIVE ©1988-2014 ACORD CORPORATION.All rights reserved. ACORD 25(2014/01) 1 of 1 The ACORD name and logo are registered marks of ACORD J5C #S1612010/M1610518