Loading...
Backup Documents 07/26/2011 Item #16E316E 3 MEMORANDUM Date: September 21, 2011 To: Amy L yberg, Director Human Resources Department From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Agreement with International City Management Association Retirement Corporation (ICMA-RC) to provide deferred compensation services to employees Attached for your records is an original copy of the agreement referenced above (Item #16E3) approved by the Board of County Commissioners July 26, 2011. The second original document is being held in the Minutes and Records Department for the Board's official record. If you have any questions, please feel free to call me at 252-8406. Thank you. Attachment 16E3 EXECUTIVE SUMMARY Recommendation to approve and authorize the Chairman to sign an Agreement between the Board of County Commissioners (BCC) and the International City Management Association Retirement Corporation (ICMA-RC) for the latter to continue to provide 457 deferred compensation services to employees. OBJECTIVE: To have the Board of County Commissioners approve the contract for ICMA-RC to continue to provide 457 deferred compensation services to its employees. CONSIDERATIONS: The Board of County Commissioners last approved and signed the existing administrative services agreement between the Board and ICMA-RC on July 25, 2006. The agreement was defined as a five year agreement from the date which the Board and ICMA- RC entered into agreement. Based on the Agreement terms, we are requesting that the Board of County Commissioners approve the new service agreement (Exhibit 1) with ICMA-RC for a period of five (5) years. The service agreement provides the same fee based contractual agreement as was previously approved. · No account maintenance fee . Mutual fund service fee of 0 basis point · A plan administration fee of29 basis points (.29%) The Agreement has been reviewed by the Purchasing Department, the County Attorney's Office, and Risk Management. I FISCAL IMPACT: Employees pay any fees that are charged to their accounts by ICMA-RC. There is no cost to the County to administer the program. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office, requires simple majority vote, and is legally sufficient for Board action. - CMG GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners approves and authorizes the Chairman to sign an Agreement with ICMA-RC to provide deferred compensation ("457 Plan") services to employees. Prepared By: Ofelia Tallon, Interim Manager - Compensation, Department of Human Resources Attachments: ICMA-RC Administrative Service Agreement 16E3 ADMINISTRATIVE SERVICES AGREEMENT Between ICMA Retirement Corporation and Collier County Board of County Commissioners Type: 457 Account #: 303201 16 E 3 Plan number 303201 ADMINISTRATIVE SERVICES AGREEMENT This Adrpinistrative Services Agreement ("Agreement"), made as ofthe'1~-r1Iay of J,..di' 2011 (herein referred to as the "Inception Date"), between the International City/County Management Association Retirement Corporation ("ICMA-RC"), a nonprofit corporation organized and existing under the laws of the State of Delaware, and the Collier County Board of County Commissioners ("Employer"), an Entity organized and existing under the laws of the State of Florida with an office at 3299 Tamiami Trail East, Naples, Florida 34112. RECITALS Employer acts as public plan sponsor of a retirement plan ("Plan"), and in that capacity, has responsibility to obtain administrative services and investment alternatives for the Plan; VantageTrust (the "Trust") is a group trust established and maintained in accordance with New Hampshire Revised Statutes Annotated section 391:1 and Internal Revenue Service Revenue Ruling 81-100, 1981-1 C.B. 326, which provides for the commingled investment of retirement funds held by various state and local governmental units for their employees; ICMA-RC acts as investment adviser to VantageTrust Company, the Trustee of the Trust; ICMA-RC has designed, and the Trust offers, a series of separate funds (the "Funds") for the investment of plan assets as referenced in the Trust's principal disclosure document, "Making Sound Investment Decisions: A Retirement Investment Guide." ("Retirement Investment Guide"). The Funds are available only to public employers and only through the Trust and ICMA-RC. In addition to serving as investment adviser to the Trust, ICMA-RC provides a range of services to public employers for the operation of employee retirement plans including, but not limited to, communications concerning investment alternatives, account maintenance, account recordkeeping, investment and tax reporting, transaction processing, benefit disbursement, and asset management. 2 Plan number 303201 AGREEMENTS 1. Appointment ofICMA-RC Employer hereby appoints ICMA-RC as Administrator of the Plan to perform all nondiscretionary functions necessary for the administration ofthe Plan. The functions to be performed by ICMA-RC shall be those set forth in Exhibit A to this Agreement. 2. Adoption of Trust Employer has adopted the Declaration of Trust of Vantage Trust Company and agrees to the commingled investment of assets of the Plan within the Trust. Employer agrees that operation of the Plan and the investment, management, and distribution of amounts deposited in the Trust shall be subject to the Declaration of Trust, as it may be amended from time to time and shall also be subject to terms and conditions set forth in disclosure documents (such as the Retirement Investment Guide or Employer Bulletins) as those terms and conditions may be adjusted from time to time. 3. Emplover Duty to Furnish Information Employer agrees to furnish to ICMA-RC on a timely basis such information as is necessary for ICMA-RC to carry out its responsibilities as Administrator of the Plan, including information needed to allocate individual participant accounts to Funds in the Trust, and information as to the employment status of participants, and participant ages, addresses, and other identifying information (including tax identification number~). Employer also agrees that it will notify ICMA-RC in a timely basis regarding changes in staff as it relates to various roles. This is to be completed through the online EZLink employer contact options. ICMA-RC shall be entitled to rely upon the accuracy of any information that is furnished to it by a responsible official of the Employer or any information relating to an individual participant or beneficiary that is furnished by such participant or beneficiary, and ICMA-RC shall not be responsible for any error arising from its reliance on such information. ICMA-RC will provide reports, statements and account information to the Employer through EZLink, the online plan administrative tool. Employer is required to send in contributions through EZLink, the online plan administration tool provided by ICMA-RC. Alternative electronic methods may be allowed, but must be approved by ICMA-RC for use. Contributions may not be sent through paper submittal documents. 4. Certain Representations and Warranties ICMA-RC represents and warrants to Employer that: (a) ICMA-RC is a non-profit corporation with full power and authority to enter into this Agreement and to perform its obligations under this 3 16E3 16 E 3 f Plan number 303201 Agreement. The ability ofICMA-RC to serve as investment adviser to the Trust is dependent upon the continued willingness ofthe Trust for ICMA- RC to serve in that capacity. (b) ICMA-RC is an investment adviser registered as such with the U.S. Securities and Exchange Commission under the Investment Advisers Act of 1940, as amended. ICMA-RC Services, LLC (a wholly owned subsidiary ofICMA-RC) is registered as a broker-dealer with the U.S. Securities and Exchange Commission ("SEC") and is a member in good standing with Financial Industry Regulatory Authority ("FINRA") and the Securities Investor Protection Corporation ("SIPC"). (c) ICMA-RC shall maintain and administer the Plan in compliance with the requirements for eligible deferred compensation plans under Section 457 of the Internal Revenue Code and other applicable federal law; provided, however, that ICMA-RC shall not be responsible for the eligible status of the Plan in the event that the Employer directs ICMA-RC to administer the Plan or disburse assets in a manner inconsistent with the requirements of Section 457 or otherwise causes the Plan not to be carried out in accordance with its terms. Further, in the event that the Employer uses its own customized plan document, ICMA-RC shall not be responsible for the eligible status of the Plan to the extent affected by terms in the Employer's plan document that differ from those in ICMA-RC's standard plan document. Employer represents and warrants to ICMA-RC that: (d) Employer is organized in the form and manner recited in the opening paragraph of this Agreement with full power and authority to enter into and perform its obligations under this Agreement and to act for the Plan and participants in the manner contemplated in this Agreement. Execution, delivery, and performance ofthis Agreement will not conflict with any law, rule, regulation or contract by which the Employer is bound or to which it is a party. (e) Employer understands and agrees that ICMA-RC's sole function under this Agreement is to act as recordkeeper and to provide administrative, investment or other services at the direction of Plan participants, the Employer, its agents or designees in accordance with the terms of this Agreement. Under the terms of this Agreement, ICMA-RC does not render investment advice, is not the Plan Administrator or Plan Sponsor as those terms are defined under applicable federal, state, or local law, and does not provide legal, tax or accounting advice with respect to the creation, adoption or operation of the Plan and the Trust. ICMA-RC does not perform any service under this Agreement that might cause ICMA-RC to be treated as a "fiduciary" of the Plan under applicable law except to the 4 16 E 3 4 Plan number 303201 extent provided in the Managed Accounts agreement between the Employer and ICMA-RC dated November 13, 2007 to the beginning of that section on fiduciary status (f) Employer acknowledges that certain such services to be performed by ICMA-RC under this Agreement may be performed by an affiliate or agent ofICMA-RC pursuant to one or more other contractual arrangements or relationships, and that ICMA-RC reserves the right to change vendors with which it has contracted to provide services in connection with this Agreement without prior notice to Employer. (g) Employer approves the use non-specific information about its Plan in ICMA-RC external media, publications and materials. Examples include press releases announcements and inclusion of such plan information in request for proposal responses. 5. Participation in Certain Proceedings The Employer hereby authorizes ICMA-RC to act as agent, to appear on its behalf, and to join the Employer as a necessary party in all legal proceedings involving the garnishment of benefits or the transfer of benefits pursuant to the divorce or separation of participants in the Plan. Unless Employer notifies ICMA-RC otherwise, Employer consents to the disbursement by ICMA-RC of benefits that have been garnished or transferred to a former spouse, current spouse, or child pursuant to a domestic relations order or child support order. 6. Compensation and Payment (a) Plan Administration Fee. The amount to be paid for plan administration serviees under this Agreement shall be 0.29% per annum ofthe amount of Plan assets invested in the Trust. Any fees will be paid by the plan participants and not the COUNTY. Such fee shall be computed based on average daily net Plan assets in the Trust. (b) Mutual Fund Services Fee. There is an annual charge of 0.00% assessed against average daily net Plan assets invested in the Trust's non- proprietary Trust Series funds. (c) . Compensation for Management Services to the Trust, Compensation for Advisory and other Services to The Vantagepoint Funds and Payments from Third-Party Mutual Funds. Employer acknowledges that in addition to amounts payable under this Agreement, ICMA-RC receives fees from the Trust for investment management services furnished to the Trust. Employer further acknowledges that certain wholly owned subsidiaries ofICMA-RC receive compensation for advisory and other services furnished to The Vantagepoint Funds, which serve as the 5 16 E 3 j Plan number 303201 underlying portfolios ofa number of Funds offered through the Trust. The fees referred to in this subsection are disclosed in the Retirement Investment Guide. These fees are not assessed against assets invested in the Trust's Mutual Fund Series. In addition, to the extent that third party mutual funds are included in the investment line-up for the Plan, ICMA- RC may receive payments from such third party mutual funds or their service providers, which may be in the form of 12b-l fees, service fees, or compensation for sub-accounting or other services provided by ICMA-RC on behalf of the funds. (d) Redemption Fees. Redemption fees imposed by outside mutual funds in which Plan assets are invested are collected and paid to the mutual fund by ICMA-RC. ICMA-RC remits 100% of redemption fees back to the specific mutual fund to which redemption fees apply. These redemption fees and the individual mutual fund's policy with respect to redemption fees are specified in the prospectus for the individual mutual fund and referenced in the Retirement Investment Guide. (e) Payment Procedures. All payments to ICMA-RC pursuant to this Section 6 shall be paid out of the Plan assets held by the Trust and shall be paid by the Trust, to the extent not paid by the Employer. The amount of Plan assets held in the Trust shall be adjusted by the Trust as required to reflect such payments. In the event that the Employer agrees to pay amounts owed pursuant to this section 6 directly, any amounts unpaid and outstanding after 30 days of invoice to the Employer shall be withdrawn from Plan assets held by the Trust. The compensation and payment set forth in this section 6 is contingent upon the Employer's use of ICMA-RC's EZLink system for contribution processing and submitting contribution funds by ACH or wire transfer on a consistent basis over the term of this Agreement. 7. Contribution Remittance Employer understands that amounts invested in the Trust are to be remitted directly to the Trust in accordance with instructions provided to Employer by ICMA-RC and are not to be remitted to ICMA-RC. In the event that any check or wire transfer is incorrectly labeled or transferred to ICMA-RC, ICMA-RC may return it to Employer with proper instructions. 8. Indemnification ICMA-RC shall not be responsible for any acts or omissions of any person with respect to the Plan or related Trust, other than ICMA-RC in connection with the administration or operation of the Plan. Employer shall indemnify ICMA-RC against, and hold ICMA- RC harmless from, any and all loss, damage, penalty, liability, cost, and expense, 6 Plan number 303201 16E3 including without limitation, reasonable attorney's fees, that may be incurred by, imposed upon, or asserted against ICMA-RC by reason of any claim, regulatory proceeding, or litigation arising from any act done or omitted to be done by any individual or person with respect to the Plan or related Trust, excepting only any and all loss, damage, penalty, liability, cost or expense resulting from ICMA-RC's negligence, bad faith, or willful misconduct. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes. 9. Term This Agreement shall be in effect and commence on the date all parties have signed and executed this Agreement ("Inception Date"). The term of this Agreement will commence on the Inception Date and extend five (5) years from that date. The Employer understands and agrees that, in the event the Employer terminates this Agreement (or replaces the VantageTrust PLUS Fund as an investment option in its investment line-up), ICMA-RC retains full discretion to release Plan assets invested in the VantageTrust PLUS Fund in an orderly manner over a period of up to 12 months from the date ICMA-RC receives written notification from the Employer that it has made a final and binding selection of a replacement for ICMA-RC as administrator of the Plan (or a replacement investment option for the VantageTrust PLUS Fund). 10. Amendments and Adiustments (a) This Agreement may be amended by written instrument signed by the parties. (b) ICMA-RC may amend this agreement for non-material amendments by providing 60 days' advance written notice to the Employer prior to the effective date of such proposed amendment. Such amendment shall become effective unless, within the 60-day notice period, the Employer notifies ICMA-RC in writing that it objects to such amendment. (c) The parties agree that enhancements may be made to administrative and operations services under this Agreement. The Employer will be notified of enhancements through the Employer Bulletin, quarterly statements, electronic messages or special mailings. Likewise, if there are any reductions in fees, these will be announced through the Employer Bulletin, quarterly statement, electronic or special mailing. 11. Notices All notices required to be delivered under this Agreement shall be in writing and shall be delivered, mailed, e-mailed or faxed to the location of the relevant party set forth below or to such other address or to the attention of such other persons as such party may hereafter specify by notice to the other party. ICMA-RC: Legal Department, ICMA Retirement Corporation, 777 North Capitol Street, N.E., Suite 600, Washington, D.C., 20002-4240 7 16 E 3 ' Plan number 303201 Facsimile; (202) 962-4601 Employer: at the office set forth in the first paragraph hereof specifically, Collier County. Government Center, Purchasing Department, 3327 Tamiami Trail East, Naples, Florida 34112, Attn: Steve Carnell, Purchasing Director, fax:252-6584,email: SteveCarnell@colliergov.net, or to any other address, facsimile number or e-mail address designated by the Employer to receive the same by written notice similarly given. Each such notice, request or other communication shall be effective: (i) if given by facsimile, when transmitted to the applicable facsimile number and there is appropriate confirmation of receipt; (ii) if given by mail or e-mail, upon transmission to the designated address with no indication that such address is invalid or incorrect; or (iii) if given by any other means, when actually delivered at the aforesaid address. 12. Complete Agreement This Agreement shall constitute the complete and full understanding and sole agreement between ICMA-RC and Employer relating to the object of this Agreement and com~ctly sets forth the complete rights, duties and obligations of each party to the other as of its date. This Agreement supersedes all written and oral agreements, communications or negotiations among the parties. Any prior agreements, promises, negotiations or representations, verbal or otherwise, not expressly set forth in this Agreement are of no force and effect. 13. Titles The headings of Sections of this Agreement and the headings for each of the attached schedules are for convenience only and do not define or limit the contents thereof. 14. Incorporation of Schedules All Schedules (and any subsequent amendments thereto), attached hereto, and referenced herein, are hereby incorporated within this Agreement as if set forth fully herein. 15. Governing Law This Agreement shall be governed by and construed in accordance with the laws ofthe State of Florida, applicable to contracts made in that jurisdiction without reference to its conflicts of laws provisions. In Witness Whereof, the parties hereto certify that they have read and understand this Agreement an all Schedules attached hereto and have caused this Agreement to be executed by their duly authorized officers as of the Inception Date first above written. 8 _."'..~~ First Witness 7;)/YJ JfC1ndIlJs Ty /print witness name L fd 6(W\f\ Type/print witness name Plan number 303201 BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, A POLITICAL SUBDIVISION OF THE STATE OF F ORIDA INTERNATIONAL CITY/COUNTY MANAGEMENT ASSOCIATION RETIREMENT CORPORATION By: APPROVED AS TO FORM AND LEGAL SUFFICIENCY: BY: [lftCoo:J;1 ~ Colleen M. Greene, Assistant County Attorney qj/(c7/JI Date: 9 16 E3' 4 Item# ~"E~.: Agenda'J...--l{ b-t l Dat& . Date n... (;) \ -I \ Rec'd .......l Please return fully executed contract to: 10 Plan number 303201 New Business Unit ICMA-RC 777 North Capitol Street NE Suite 600 Washington DC 20002-4240 16 E 3 j 16E 3 Plan number 303201 Exhibit A Administrative Services The administrative services to be performed by ICMA-RC under this Agreement shall be as follows: . (a) Participant enrollment services, including providing a welcome package and enrollment kit containing instructions and notices necessary to implement the Plan's administration. Employees will enroll online or through form. ICMA-RC will provide an enrollment link through the general ICMA-RC web site. Plan sponsor will also make available the online enrollment link in their Intranet site or via email to new employees. Employer can also enroll employees through EZLink. (b) Establishment of participant accounts for each employee participating in the Plan for whom ICMA-RC receives appropriate enrollment instructions. ICMA-RC is not responsible for determining if such Plan participants are eligible under the terms ofthe Plan. (c) Allocation in accordance with participant directions received in good order of individual participant accounts to investment funds offered under the Trust. Participants can complete allocations through Investor Services, V oice Response System or through Account Access, the secure participant online system provided by ICMA-RC. (d) Maintenance of individual accounts for participants reflecting amounts deferred, income, gain or loss credited, and amounts distributed as benefits. (e) Maintenance of records for all participants for whom participant accounts have been established. These files shall include enrollment instructions (provided to ICMA-RC through Account Access, EZLink or form), beneficiary designation instructions and all other and documents concerning each participant's account, and if applicable, records of any transaction conducted through the Voice Response Unit ("VRU"), Account Access or other electronic means. (f) Provision of periodic reports to the Employer through EZLink Participants will have access to account information through Investor Services, Voice Response System, Account Access and through quarterly statements that can be delivered electronically through Account Access or by postal service. . (9) Communication to participants of information regarding their rights and elections under the Plan. (h) Making available Investor Services Representatives through a toll-free telephone number from 8:30 a.m. to 9:00 p.m. Eastern Time, Monday through Friday (excluding holidays and days on which the securities 11 16E3 Plan number 303201 markets or ICMA-RC are closed for business (including emergency closings), to assist participants. (i) Making available a toll-free number and access to VantageLine, ICMA- RC's interactive VRU, and ICMA-RC's web site, to allow participants to access certain account information and initiate plan transactions at any time. Account access and VantageLine are normally available 24 hours a day, seven days a week except during scheduled maintenance periods. However, service availability is not guaranteed. U) Distribution of benefits as agent for the Employer in accordance with terms of the Plan. Participants who have separated from service can request distributions through Account Access or via form. (k) Upon approval by the Employer that a domestic relations order is an acceptable qualified domestic relations order under the terms ofthe Plan, ICMA-RC will establish a separate account record for the alternate payee and provide for the investment and distribution of assets held there under. (1) Loans may be made available on the terms specified in the Loan Guidelines, if loans are adopted by the Employer. Participants can request loans through Investor Services or Account Access. (m) Online Advice may be made available through a third party vendor on the terms specified on ICMA-RC's website. (n) ICMA-RC will determine appropriate delivery method (electronic and/or print) for plan sponsor/participant communications and education based on a number of factors (audience, effectiveness, etc.) 12 16E3 .:;,:.i .. .,~ Confidentiality ICMA-RC is committed to providing a secure and confidential environment for participant data, elections, and account history. Security systems are in place for our network systems and for the voice response system. Systems Security ICMA-RC is committed to providing a secure environment for all participant and plan sponsor access and data. The following briefly reviews our extensive controls for maintaining data security. Software and Hardware Security · LAN: Novell Netware's operating system has built-in security to identify and authenticate users connecting to the LAN. · Mainframe: IBM's Resource Access Control Facility (RACF) security product performs the authentication of users. · Web: Servers providing participant and plan sponsor information are situated behind a firewall. · Laptop: Representatives download information to their laptops for participant/plan sponsor meetings. Control is maintained by: Individual password protection of each laptop Application of authentication software and strong encryption algorithms on each laptop Separate encryption of stored data for multiple layers of protection, and Separate authentication for access to the application that provides interface with account data. All applications employ layers of security to ensure that the users connecting to them have access only to appropriate data and functions. Network and mainframe hardware are based in secure computer rooms with restricted access and require periodic replacement of user passwords. Access Security · User 10 and Passwords: Participants can setup their own User 10 and password online by clicking the 'Create an Initial User 10 and Password' link located on the home page. Upon successfully supplying their identifying information; SSN, Oate of Birth, Zip Code and Email Address, the participant will be permitted to setup their login information. The SSN is not used to log into the system and the participant will not be required to enter this information again once the self-selected User 10 has been established unless they require a User 10 reminder or reset their account. The participant will be required to select a User 10 between 6 - 32 characters, a password between 8 - 12 characters, select a security image and answer three security questions. The self-selected User 10 and other features such as email alerts of security related account activity provide the participant a high level of security. The system will determine if the self-selected User 10 is available. If so, the system will display a message indicating the User 10 is not available and to select another User 10. If the 16 E 3 .-i participant so chooses, they may check the availability of their selected User ID before submitting their request. There are eight graphics to select from during the Create an Initial User ID and Password process. The participant will have the option of changing the graphic at any time by logging into Account Access and accessing the Change Security Image page. The Change Security Image page will allow the participant to select from 21 images. The graphic provides an extra level of security against phishing in that if the graphic does not appear or the incorrect graphic appears, the participant will know he or she is not on the ICMA-RC official website. In addition to a self-selected User ID, password and selected graphic, the participant will be required to answer at least three security questions. The participant will choose from a list of 12 questions that only he or she would be able to answer. Like the security image, the participant has the option of changing their security questions/answers at any time by logging into Account Access and accessing the Change Security Question page. Upon creating a User ID, the first time the participant logs into Account Access they will be prompted to enter their User ID, password and answer one of their security questions. Upon subsequent log ins, the participant will be prompted to answer one of their security questions as an additional layer of security, only if the participant is logging in from a different computer or browser than the last time they logged into Account Access. · External Router: The external router provides the initial line of defense. The external router receives all Internet packets and the access list determines who gains access to our network. The access list permits only devices designated in our Internet Security Policy. This configuration works in tandem with the firewall to ensure that only authorized access is available. The firewall only allows access to services and devices designated in our Internet Security Policy. All other packets are dropped. · Firewall: ICMA-RC employs a firewall to prevent unauthorized access to ICMA-RC's internal computing environment. To enhance confidentiality and privacy to those participants and plan sponsors who request access to account information via the Internet, a browser that supports Secure Sockets Layer (SSL) security must be used (such as Microsoft Explorer 6.0 or higher or Mozilla Firefox). This security layer encrypts the information that is sent to and from ICMA-RC through the Internet, ensuring key information does not traverse the Internet in clear, readable text. Account inquiry sessions that are idle for more than 30 minutes are automatically logged off. · Intrusion Detection: This software sounds an alert when an intrusion has been attempted, is occurring, or has occurred. Network sensors collect traffic that is analyzed for signs of intrusion and misuse based on attack pattern signatures. Signatures are updated periodically by Internet Security Systems (ISS) when new vulnerabilities are uncovered; these updates are then applied at ICMA-RC. ICMA-RC Information Security staff reviews the database and performs necessary research to ascertain their validity. · Tripwire: Internet accessible network servers have Tripwire file integrity software for integrity assessment. Policy rules are defined to identify key files and establish reporting rules. Integrity checks are run which show the results of any changes that violate the policy file rules. Information Security staff perform necessary steps to verify that the changes identified in violation were authorized. · Virus Scanning: Symantec AntiVirus scanning software is implemented on all production/Exchange servers and user desktops. ICMA-RC's Exchange Administrator accesses Symantec's website daily to determine if updated virus signature patterns are available; if so, they are promptly downloaded and implemented. 16 E 3 · Response to Security Breaches Security breach procedures are in place to quickly respond to situations where confidential information may have been breached. ICMA-RC's Computer Security Incident Response procedures address incidents with a methodical, organized, and pre-planned response. When an incident is reported or observed ICMA-RC executes a "Protect and Proceed" strategy, which is designed to protect and preserve ICMA-RC's computing resources, and to establish normal computer operations as quickly as possible. Actions are initiated immediately to stop the attack, prevent unauthorized access, stop the proliferation of the virus (or whatever the incident may be), and begin damage assessment and recovery. Audit Reviews External Auditor, Ernst and Young, performs an annual review of ICMA-RC's Internet environment as a part of our SAS-70 review. ICMA-RC's Internal Audit Department also contracts with outside security firms to review the security controls in our environment and ensure we are employing the best practices and the latest technology. Verizon Business Web Certification ICMA-RC's website is certified by Verizon Business. The Verizon Business Web Certification Program reduces security risks and liability for both ICMA-RC and the participant by providing, verifying, and improving the use of logical and physical baseline security standards. The Web Certification Program consists of: · Completing a detailed field guide that documents controls, procedures and configuration of ICMA-RC's Internet environment · Successfully passing an on-site evaluation of the computer facilities which house the web servers · Successfully passing the quarterly remote scan security testing · Successfully passing random spot-check tests The Verizon Business Web certification demonstrates ICMA-RC's efforts to assure site availability, information protection, and data integrity, as well as enhancing user confidence and trust. The annual certification process not only raises security awareness and exposes overlooked or neglected threats, but also adds credibility to any site's security efforts. ~ ACORD- ~. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER MARSH USA INC. SUITE 400 125523RD STREET, NW WASHINGTON, DC 20037 CERTIFICATE OF LIABILITY INSURANCE FAX AlC No: COVERAGES CERTIFICATE NUMBER: INSURER S AFFORDING COVERAGE INSURER A: SI. Paul Protective Insurance Company INSURER B: Federal Insurance Compan y INSURER C: SI. Paul Fire & Marine I ns Co INSURER D: Standard Fire Insurance Company INSURER E: N1A INSURER F : CLE-003696927-01 NAlC. 19224 20281 24767 19070 N/A 040356-.-E0-10-11 INSURED ICMA RETIREMENT CO RP. ATTN: BARBARA STOTLER 777 NORTH CAPITOL ST., N.E. WASHINGTON, DC 20002 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 ADDL I"U"" r:~J5g~1 . l~gJ5giMY\ LIMITS LTR POLICY NUMBER A GENERAL LIABILITY FS06805895 0810112010 0810112011 EACH OCCURRENCE $ 1,000,000 - ~~~~H Y~~~~~ncel 1,000,000 X 5MMERCIAL GENERAL LIABILITY $ - CLAIMS-MADE ~ OCCUR 10,000 MED EXP (Anyone person) $ X CONTRACTUAL COV. INCt.. PERSONAL & MJV INJURY $ 1,000,000 - GENERAL AGGREGATE $ 2,000,000 - ~'L AGGREGATE LIMIT APnS PER: PRODUCTS - COMP/OP AGG $ 2,000,000 X POLICY n ~fR,: LOC $ A AUTOMOBILE LIABILITY FS06805895 08101/2010 0810112011 f~~~~t~INGLE LIMIT $ 1,000,000 - ANY AUTO BODILY INJURY (Per person) $ - ALL OWNED - SCHEDULED BODILY INJURY (Per accident) $ - AUTOS X AUTOS X NON-OWNED ip~~~~d"Z.t?AMAGE $ - HIRED AUTOS - AUTOS $ UMBRELLA L1AB H OCCUR EACH OCCURRENCE $ I-- EXCESS L1AB CLAIMS-MADE AGGREGATE $ OED I I RETENTION $ $ D WORKERS COMPENSATION HCU B-6508M89-4-1 0 0810112010 0810112011 X I T"!JiJT ~I.\!:" I 10J~- AND EMPLOYERS' LIABILITY Y/N 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE 0 EL EACH ACCIDENT $ OFFICERlMEMBER EXCLUDED? N/A 1,000,000 (Mandatory In NH) E.L. DISEASE - EA EMPLOYEE $ ~rssc~~fr~ 'b~PERATIONS below EL DISEASE - POLICY LIMIT $ 1,000,000 B BANKERS PROF. UAB. 8211-6261 04/1912011 04119/2012 PER AGGREGA TElOCC. 5,000,000 C BANKERS PROF. UAB. EC09004016 0411912011 04/1912012 SIR 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) p>lIier County, Florida is included as additional insured where required by written contract with respect to General and Auto Uability. REVISION NUMBER: 3 CERTIFICATE HOLDER CANCELLATION Collier County Govemmen I Center SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Purchasing Department THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 3327 Tamiami Trail East ACCORDANCE WITH THE POLICY PROVISIONS. Naples, FL 34112 AUTHORIZED REPRESENTATIVE of Marsh USA Inc. I Timothy M. Sasser cy'~~~ ACORD 25 (2010105) @ 1988.2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD