Backup Documents 04/14/2026 Item #16E 1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 6 E 1
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
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.
** 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.
2. (Enter your Dept here)
3. County Attorney Office County Attorney Office C11) W11(4
4. BCC Office Board of County DK by MB
Commissioners [s] (111.7
5. Minutes and Records Clerk of Court's Office Li
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above may need to contact staff for additional or missing information.
Name of Primary Staff Madison Bird Phone Number 2939
Contact/Department
Agenda Date Item was /IL(/L` Agenda Item Number I /
Approved by the BCC
Type of Document(s) Number of Original
Attached 411 c tS ( ) Documents Attached 2
PO number or account
number if document is
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 signature?(stamped unless otherwise stated) MB
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 legality. (All documents to be signed by MB
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 MB
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 MB
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 MB
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 uploaded to the
agenda. 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 Lilly and all changes made during /A is not
the meeting have been incorporated in the attached document. The County Attorney n option for
Office has reviewed the changes, if applicable. Cr(\ illis line.
9. Initials of attorney verifying that the attached document is the version approved by the is not
BCC, all changes directed by the BCC have been made,and the document is ready for the itn option for
Chairman's signature. this line.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04;Revised 1.26.05;2.24.05; 11/30/12;4/22/16;9/10/21
16E1
FIRST AMENDMENT TO THE ADMINISTRATIVE SERVICES AGREEMENT FOR THE
GOVERNMENTAL 457(b)DEFERRED COMPENSATION PLAN OF THE COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
This first Amendment to the Administrative Services Agreement("Amendment") is effective as of
the date signed by the Plan Sponsor (the "Effective Date") by and between Nationwide Retirement
Solutions, Inc., a Delaware corporation ("Nationwide"), and the Collier County Board of County
Commissioners,the Plan Sponsor("Plan Sponsor").
WHEREAS, Plan Sponsor and Nationwide executed the Administrative Services Agreement for
the Collier County Board of County Commissioners Deferred Compensation Plan("Agreement")between
Nationwide and Plan Sponsor, effective on the 14'1i day of July 2020 (Agenda item 16F10), under which
Nationwide agreed to provide administrative services to the Plan Sponsor's Deferred Compensation Plan
("Plan"); and
WHEREAS, Plan Sponsor desires to continue to contract with Nationwide in connection with the
administration of the Plan;and
WHEREAS, Nationwide desires to continue to provide such administrative services to the Plan
subject to the terms and conditions set forth in the Agreement; and
WHEREAS,Nationwide desires to reduce its Compensation Requirement in connection with the
administrative services provided to the Plans.
NOW, THEREFORE, Plan Sponsor and Nationwide hereby mutually agree to amend the
Agreement by agreeing to the following:
Subsection (a) of Section 14 ("Compensation") of the Agreement is hereby deleted in its entirety
and replaced with the following new subsection(a):
a. As of the effective date of this Amendment, as compensation for the performance of the
Administrative Services provided by Nationwide pursuant to this Agreement,the Plan Sponsor and
Nationwide agree that Nationwide shall be entitled to receive an annualized compensation
requirement of 0.029% (2.9 basis points) of the Plan's account value held by Nationwide
("Compensation Requirement")per year to be calculated and collected according to Nationwide's
standard business practices.Nationwide's Compensation Requirement will be taken in the form of
an explicit asset fee applied against all Plan assets under management,including Plan balances held
in the Self-Directed Brokerage Account ("SDBA") and as outstanding participant loan balances.
The explicit asset fee of 2.9 basis points will be taken against participant loans by applying an
additional finance charge to the loan interest rate. In addition to the foregoing, the parties
acknowledge and agree that Nationwide may receive revenue associated with annuity contracts,
revenue from mutual fund providers, as well as fees associated with specific services or products.
[1]
CAO
16E1
Except as otherwise amended herein, all other terms and conditions of the Agreement not in conflict shall
remain in full force and effect.If there is a conflict or ambiguity among the amendment and the Agreement,
the documents in the following order shall prevail and control:(1)this first Amendment,and(2)the original
Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment effective as of the date
signed by the Plan Sponsor.
APPROVED BY APPROVED BY
Nationwide Retirement Solutions,Inc.: Collier County Board of County Commissioners
Plan Sponsoy-
By: By: �� .-
Printed Name: Dan Kowal, Chairman
Title:
Date: Date: (IN/Z‘
reit
ATTEST
CRYSTAL K. 1,4
co 40
•
pproved orm and I =ulity
Assistant Cow n ty-A t o,ncy
[2]
CAo
Docusign Envelope ID:B03E19BB-AB74-88C8-802C-7783DB8COFFC 1 6 E 1
MissianSquare
RETIREMENT
2nd AMENDMENT
TO THE
Administrative Services Agreement
for Plan Number 303201
This 2nd Amendment to the October 11, 2016 Administrative Services Agreement
("Agreement") (BCC Agenda item 16E2) for Plan number 303201 (the "Plans") is
entered by and between Collier County Board of County Commissioners
("Employer") and The International City Management Association Retirement
Corporation doing business as MissionSquare Retirement ("MissionSquare"), effective
as of the date of execution by the Employer below("Execution Date").
WHEREAS, the Employer sponsors the Plan on behalf of its eligible employees and
retirees; and
WHEREAS,the Employer entered the Agreement to engage MissionSquare to provide
administrative services and investments for the Plan under the terms specified in the
Agreement; and
WHEREAS, the parties wish to amend the Agreement to change the Compensation
and Payment section and Term section; and
WHEREAS, Section 10 of the Agreement provides that the Agreement may be
amended pursuant to a written instrument signed by the parties.
NOW, THEREFORE, the Agreement is hereby amended as follows:
FIRST
Section 6 of the Agreement is restated in full by replacing it with the following:
6. Compensation and Payment
(a) Participant Fees. Plan participant accounts shall be assessed an asset-
based fee to cover the costs of record-keeping and other services
provided by MissionSquare, and other costs associated with the Plans as
directed by the Employer. The Employer shall work with MissionSquare
to determine the appropriate amount of the gross asset-based fee to be
charged to participant accounts, which may be increased or decreased
from time to time at the direction of the Employer. At the inception of this
Agreement the participant fee shall be 0.065% per year.
Docusign Envelope ID:BO3E19BB-AB74-88C8-802C-7783DB8COFFC
(b) Revenue Requirement. MissionSquare shall receive total annual
aggregate revenue of 0.065% of Plan assets under MissionSquare's
administration for providing recordkeeping and other services to the
Plans. Such revenue shall be deducted by MissionSquare from amounts
collected through the application of the asset-based fee described in
section 6(a) prior to allocation of any participant level asset-based fees to
the Administrative Allowance Account (an unallocated plan account,
which may also be known as a "plan level expense account") described is
section 6(c) below.
(c) Administrative Allowance Account. Amounts collected through the
application of the asset-based fee described in section 6(a) above in
excess of the Revenue Requirement specified in subsection 6(b) above, if
any, shall be held in an Administrative Allowance Account (that is
maintained as a Plan asset by MissionSquare). Employer understands
that the Plan administrative allowance is to be used only to pay for
reasonable plan administrative expenses of the Plan or allocated to Plan
participants at the instruction of the Employer. Employer may determine
that funds from the Administrative Allowance Account should directly pay
the invoices of consultants to the Plan. If Employer makes such a
determination, Employer will direct MissionSquare in a separate letter to
send Administrative Allowance monies to such consultants.
The payment will be made only from the above-referenced Plan's
Administrative Allowance Account. Should the amount in the Plan's
Administrative Allowance Account be insufficient to cover the fee due,
MissionSquare will seek written instruction from the Plan or Plan Sponsor
as to the amount to pay the consultant. For processing purposes, the
consultant may submit an invoice to MissionSquare for payment of the
fee; provided, however, that MissionSquare will pay the consultant only
as set forth above. The consultant shall have no authority to calculate the
fee amount, change the frequency of the payment, or change the payee.
Employer acknowledges and agrees that, for the purposes of these
payments, MissionSquare is acting as the agent of the Plan. Employer
also acknowledges that in following its direction MissionSquare is not
exercising any discretion regarding whether the above fee payment is an
appropriate or reasonable use of Plan funds. Accordingly, Employer
agrees to hold MissionSquare harmless from adverse consequences that
may result from making such payments.
Amendment 300356
Page 2 of 8
Docusign Envelope ID:B03E19BB-AB74-88C8-802C-7783DB8COFFC i
(d) Revenue Received from Investment Options. Neither MissionSquare
nor the Employer shall retain recordkeeping revenue received directly
from investment options made available under the Plan. MissionSquare
shall be compensated from fees collected from participant accounts
through the application of the asset-based fee described in section 6(a)
above. In the eventthat any Plan investment options do generate revenue
from plan investments, MissionSquare shall, as directed by the Employer,
credit any and all revenue back to those participant accounts invested in
the option in question.
(e) Compensation for Management Services to VantageTrust Company,
Compensation for Advisory and other Services to the MissionSquare
Funds Class M and Payments from Third-Party Investment Options.
Employer acknowledges that MissionSquare, or its wholly owned
subsidiary, receives fees from VantageTrust Company for investment
advisory services and plan and participant services furnished to
VantageTrust Company. Employer further acknowledges that
MissionSquare, including certain of its wholly owned subsidiaries,
receives compensation for advisory and other services furnished to the
MissionSquare Funds Class M, which serve as the underlying portfolios of
a number of Funds offered through VantageTrust. For a MissionSquare
Fund Class R that invests substantially all of its assets in a third-party
mutual fund not affiliated with MissionSquare, MissionSquare or its wholly
owned subsidiary receives payments from the third-party mutual fund
families or their service providers in the form of 12b-1 fees, service fees,
compensation for sub-accounting and other services provided based on
assets in the underlying third-party mutual fund. These fees are
described in the MissionSquare Disclosures and MissionSquare's fee
disclosure statement. In addition,to the extent that third party investment
options are included in the investment line-up for the Plan, MissionSquare
receives administrative fees from its third-party settlement and clearing
agent for providing administrative and other services based on assets
invested in third-party investment options; such administrative fees come
from payments made by third-party investment options to the settlement
and clearing agent.
(f) Redemption Fees. Redemption fees imposed by outside investment
options in which Plan assets are invested are collected and paid to the
investment option by MissionSquare. MissionSquare remits 100% of
redemption fees back to the specific investment option to which
redemption fees apply. These redemption fees and the individual
investment option's policy with respect to redemption fees are specified
Amendment 300356
Page 3 of 8
Docusign Envelope ID:B03E19BB-AB74-88C8-802C-7783DB8C0FFC
16E1
in the prospectus or other disclosure document for the individual mutual
fund and referenced in the MissionSquare Disclosures.
(g) Payment Procedures. All payments to MissionSquare pursuant to this
Section 6 shall be made from Plan assets held by VantageTrust or
received from third-party investment options or their service providers in
connection with Plan assets invested in such third-party investment
options, to the extent not paid by the Employer. The amount of Plan
assets administered by MissionSquare shall be adjusted as required to
reflect any such payments as are made from the Plan. 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.
The compensation and payment set forth in this Section 6 are contingent upon
the Employer's using MissionSquare's plan sponsor website for contribution
processing and submitting contribution funds by ACH or wire transfer on a
consistent basis over the term of this Agreement. The compensation in this
Section 6 is also based on the assets of the Plan being invested in R10 shares of
MissionSquare PLUS Fund and the Employer offering the MissionSquare PLUS
Fund as the sole stable value option.
The compensation and payment in this Section 6 will take effect in the calendar
quarter following receipt at a Delivery Address (defined below the signature
line)of one fully executed copy of this Administrative Services Agreement based
upon the following schedule:
• Agreement received by February 20 - Effective April
• Agreement received by May 20 - Effective July
• Agreement received by August 20 - Effective October
• Agreement received by November 20 - Effective January
Employer further acknowledges and agrees that compensation and payment
under this Agreement shall be subject to re-negotiation in the event that the
Employer (a) chooses to implement additional mutual funds that do not trade
via NSCC or (b) chooses to implement investment options that are not mutual
funds.
Amendment 300356
Page 4 of 8
Docusign Envelope ID:B03E19BB-AB74-88C8-802C-7783DB8COFFC 1 6 E 1
SECOND
Section 9 of the Agreement is restated in full by replacing it with the following:
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. This Agreement will be renewed automatically for each
succeeding year unless written notice of termination is provided by either party.
The Agreement may be terminated by either party on sixty (60) days' advance
notice in writing to the other. The Employer understands and acknowledges
that, in the event the Employer terminates this Agreement (or replaces the
MissionSquare PLUS Fund of VantageTrust as an investment option in its
investment line-up), MissionSquare retains full discretion to release Plan assets
invested in the MissionSquare PLUS Fund in an orderly manner over a period of
up to 12 months from the date MissionSquare receives written notification from
the Employer that it has made a final and binding selection of a replacement for
MissionSquare as administrator of the Plan (or a replacement investment option
for the MissionSquare PLUS Fund).
THIRD
References to the "VT Disclosures" shall be replaced with "MissionSquare
Disclosures", which shall denote the principal disclosure documents for the
MissionSquare Funds of VantageTrust, which documents are the Disclosure
Memorandum and the Fact Sheets for the funds.
FOURTH
Exhibit A of the Agreement is restated in full by replacing it with the following:
Exhibit A
Administrative Services
The administrative services to be performed by MissionSquare under
this Agreement shall be as follows:
(a) Participant enrollment services are provided online. Employees will
enroll online through a secure site or the Employer will enroll
employees through the plan sponsor website.
Amendment 300356
Page 5 of 8
Docusign Envelope ID:BO3E19BB-AB74-88C8-802C-7783DB8COFFC
16E1
(b) Establishment of participant accounts for each employee participating in
the Plan for whom MissionSquare receives appropriate enrollment
instructions. MissionSquare is not responsible for determining if such Plan
participants are eligible under the terms of the Plan.
(c) Allocation in accordance with participant directions received in good
order of individual participant accounts to investment options offered
under the Plan.
(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 MissionSquare through the participant website or the plan
sponsor website), beneficiary designation instructions and all other
documents concerning each participant's account.
(f) Provision of periodic reports to the Employer through the plan sponsor
website. Participants will have access to account information through
Participant Services, Voice Response System, the participant website,
and text access, and through quarterly statements that can be delivered
electronically through the participant website or by postal service.
(g) Communication to participants of information regarding their rights and
elections under the Plan.
(h) Making available Participant 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
markets or MissionSquare are closed for business (including emergency
closings)), to assist participants.
(i) Making available access to MissionSquare's website, to allow
participants to access certain account information and initiate certain
plan transactions at any time. The participant website is normally
available 24 hours a day, seven days a week except during scheduled
maintenance periods designed to ensure high-quality performance.
(j) Maintaining the security and confidentiality of client information through
a system of controls including but not limited to, as appropriate:
restricting plan and participant information only to those who need it to
provide services, software and hardware security, access controls, data
back-up and storage procedures, non-disclosure agreements, security
incident response procedures, and audit reviews.
Amendment 300356
Page 6 of 8
Docusign Envelope ID:BO3E19BB-AB74-88C8-802C-7783DB8C0FFC
16E1
(k) Making available access to MissionSquare's plan sponsor web site to
allow plan sponsors to access certain plan information and initiate plan
transactions such as enrolling participants and managing contributions
at any time. The plan sponsor web site is normally available 24 hours a
day, seven days a week except during scheduled maintenance
periods designed to ensure high-quality performance.
(I) 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 the participant website or via form.
(m)MissionSquare is authorized by the Employer to (a) determine whether a
domestic relations order is an acceptable qualified domestic relations
order under the terms of the Plan and (b) establish a separate account
record for the alternate payee and provide for the investment and
distribution of assets held thereunder.
(n) 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 the participant website.
(o) Guided Pathways Advisory Services - MissionSquare's participant advice
service, "Fund Advice", may be made available through a third-party
vendor on the terms specified on MissionSquare's website.
(p) MissionSquare is authorized by the Employer to establish an unallocated
plan level expense account to function as the Administrative Allowance
account, to be invested as Employer directs.
(q) MissionSquare 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.)
FIFTH
Material terms of the Agreement are unchanged, unless MissionSquare has
notified Employer of a change to the Agreement prior to the execution of this
Amendment.
In all other material respects, the Agreement is hereby ratified and affirmed.
Amendment 300356
Page 7 of 8
Docusign Envelope ID:BO3E19BB-AB74-88C8-802C-7783DB8C0FFC 1 6 E 1
IN WITNESS WHEREOF, Employer has caused this Amendment to be executed by its
duly authorized officer as of this day, (please enter date) APri f 1yl ZOZr;
COLLIER COUNTY BOARD OF
COUNTY COMMISSIONERS
t��iou�r,
By• c / �--� ATTEST p� � F. � �•
CRYSTAL K.
Dan Kowal, Chairman BY:
'1 .
u
Title: 141 2(, •CE�1L\ ,
THE INTERNATIONAL CITY MANAGEMENT ASSOCIATION
RETIREMENT CORPORATION doing business as
MISSIONSQUARE RETIREMENT
By
Erica McFarquhar
Assistant Secretary
An execution copy will be provided via DocuSign
.1. ) as to form and legality
Assistant Co ntyAttomey
Amendment 300356
Page 8 of 8