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#12-5957 (PFM, Inc. - Assumption, Assignment & Extension Agreement) ASSUMPTION,ASSIGNMENT AND EXTENSION OF AGREEMENT NO. 12-5957 FOR FINANCIAL ADVISORY SERVICES This Assumption, Assignment and Extension of Agreement No. 12-5957 is made and entered into on this 2844N of April, 2020 by and between Public Financial Management, Inc. ("Consultant")and Collier County, a political subdivision of the State of Florida(the"County"). WHEREAS,on May 28, 2013 (Agenda Item No. 16.F.3)the County awarded Agreement No. 12-5957 for Financial Advisory Services, hereinafter referred to as the"Agreement;" and WHEREAS, on April 25, 2017, the Consultant and the County entered into an extension to the Agreement, which extended the term through May 31, 2020. A copy of the Agreement together with the extension is attached hereto as Exhibit"A"; and WHEREAS,the Consultant and the County wish to extend the term of the Agreement to May 31, 2022; and WHEREAS, on October 4, 2016, the Consultant, through two pieces of correspondence of that same date,notified the County that in an effort to better align the services it provides to the County with its most regulatory appropriate affiliate, its affiliate entity PFM Financial Advisors, LLC ("PFM"), a municipal advisor registered with the SEC, the MSRB and registered to conduct business in the State of Florida, would be providing future services under the Agreement to the County. Copies of the Consultant's correspondence is attached hereto as Exhibit B; and WHEREAS, the County Manager's Office acknowledged this ministerial change in the County's relationship with the Consultant's affiliate, PFM,by countersigning the October 4, 2016 correspondence; and WHEREAS, the Consultant hereby represents to the County that by virtue of its realignment of the provision of financial services through its affiliate PFM, PFM is the successor in interest in relation to the Agreement; and WHEREAS, the parties wish to formalize PFM's assumption of rights and obligations under the Agreement effective as of the date first above written. NOW THEREFORE, IN CONSIDERATION of the mutual promises in this Assumption, Assignment and Extension Agreement, and for other good and valuable consideration,the receipt and sufficiency of which are acknowledged by the parties, it is agreed as follows: 1. PFM Financial Advisors, LLC,accepts and assumes all rights,duties,benefits,and obligations of the Consultant under the Agreement, including all existing and future obligations to perform under the Agreement. Page 1 of 3 GA 2. PFM Financial Advisors, LLC, will promptly deliver to the County evidence of insurance consistent with the Agreement. 3. The term of Agreement No. 12-5957 is hereby extended to May 31,2022. 4. All future renewals of Agreement No. 12-5957 are subject to approval by the Board of County Commissioners. 5. Except as stated herein, all other terms and conditions of the Agreement shall remain in full force and effect. 6. Further supplements to, or modifications of, the Agreement shall be approved in writing by both parties. 7. Notice required under the Agreement to be sent to PFM shall be directed to: PFM Financial Advisors,LLC: Attention: Sergio Masvidal, Managing Director PFM Financial Advisors LLC 2222 Ponce De Leon Boulevard, Third Floor Coral Gables, Florida 33134 masvidals@pfm.com /phone: 786.671.7480 8. The County hereby consents to PFM Financial Advisors,LLC's assumption of the Agreement in order to continue the services provided under Agreement No. 12-5957. No waivers of performance are granted or authorized. The County will treat PFM Financial Advisors, LLC as the Consultant for all purposes under the Agreement. Except as provided herein,all other terms and conditions of the Agreement remain in full force and effect. [Signature page to follow] ******Remainder of page intentionally left blank****** Page 2 of 3 IN WITNESS WHEREOF,the undersigned have executed and delivered this Assumption, Assignment and Extension of Agreement No. 12-5957 effective as of the date first above written. ATTEST: Crystal K. Kinzel, Clerk of Court& BOARD OF COUNTY COMMISSIONERS Comptroller COLLIER COUNTY, FLORIDA By: A. 4/ By: ..—c Burt L. Saunders, Chairman Dated: (SEAL) Attestas tot airman's signature only. Consultant: PFM Financial Advisors, LLC By: Signature SERGIO D. MASVIDAL, MANAGING DIRECTOR TType/print signature and titleT March 24, 2020 Date Ap roved a o F a egality: De ty County Attorney Print Name Page 3 of 3 ic EXTENSION OF AGREEMENT NO. 12-5957 FOR FINANCIAL ADVISORY SERVICES This Extension of Agreement No. 12-5957 is made and entered into on this 12) of (CeAn(9 Q r , 2023 by and between PFM Financial Advisors LLC ("PFM" or "Consultant") and Collier County, a political subdivision of the State of Florida (the "County") (collectively the "Parties"). WHEREAS, on May 28, 2013 (Agenda Item No. 16.F.3),the County awarded Agreement No. 12-5957 for "Financial Advisory Services" (the "Agreement") to Public Financial Management, Inc.; and WHEREAS, on April 25, 2017, the Consultant and the County entered into an extension to the Agreement, which extended the Agreement term through May 31, 2020; and WHEREAS, on April 28, 2020 (Agenda Item No. 16.F.1), the Consultant and the County entered into an Assumption, Assignment and Extension to the Agreement, formalizing PFM Financial Advisors, LLC's assumption of the rights and obligations under the Agreement as an affiliate of Public Financial Management, Inc., and extended the term through May 31, 2022; and WHEREAS, on April 12, 2022, the Consultant and the County entered into an extension to the Agreement, which extended the Agreement term through May 31, 2024; and WHEREAS, the Consultant and the County wish to further extend the term of the Agreement an additional two years with a new expiration date of May 31, 2026. NOW THEREFORE, IN CONSIDERATION of the mutual promises in this Extension Agreement, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged by the Parties, it is agreed as follows: 1. The above recitals are hereby incorporated into this Extension Agreement as if fully set forth herein. 2. The term of Agreement No. 12-5957 is hereby extended to May 31, 2026. 3. All future renewals and extensions of Agreement No. 12-5957 are subject to approval by the Board of County Commissioners. 4. Except as stated herein, all other terms and conditions of the Agreement, as previously amended, shall remain in full force and effect. Page 1 of 2 Extension of Agreement No. 12-5957 CO IN WITNESS WHEREOF,the undersigned have executed and delivered this Extension of Agreement No. 12-5957 effective as of the date first above written. ATTEST: Crystal K.Kinzel,Clerk of the Circuit BOARD OF COUNTY COMMISSIONERS Court&Comptroller COLLIER COUNTY,FLORIDA • By ,. : !' By: I . Rick LoCastro, Chairman Dated: %• (SEAT) '„,,At—tea as to • °airman's ,,ignattlte only Consultant's Witnesses: Consultant: PFM Financial Advisors LLC ( __ 2 itness By: Signature TType/print witness nameT — i 6/6 O TType/print signature and titleT1,4 igt Second Witness l� ///2,. 1)1.,19 CikULS Da // TTypeVrint witness nameT App oved as to)?rm a egali : S .Teach,Deputy County Attorney nt ame Page 2 of 2 Extension of Agreement No. 12-5957