Item C40
. Revised 2/95
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: January 19, 2000
Bulk Item: Yes ~ No 0
Division: Management Services
Department: Office of Management &
BUdget
AGENDA ITEM WORDING: Approval of amendment #3 to contract with Public Financial
Management, Inc. financial advisor to Monroe County
ITEM BACKGROUND: Extends services for one additional year, beginning January 2000
PREVIOUS RELEVANT BOCC ACTION: Amentment #2 approved at BOCC meeting
1/14/98; amendment #1 approved on 11/21/95; original contract approved on 6/16/93.
STAFF RECOMMENDATION: Approval
TOTAL COST: 30,000.00
BUDGETED: Yes [gI No 0
COST TO COUNTY: n/a
REVENUE PRODUCING: Yes 0 No [gI
AMOUNT PER MONTH
YEAR
APPROVED BY:COUNTY ATTY 0 OMB/PURCHASING 0 RISK MANAGEMENT 0
DIVISION DIRECTOR APPROVAL ~~~-2.L,
James L. Roberts, County Administrator
DOCUMENTATION: INCLUDED: 0 TO FOllOW: [gI NOT REQUIRED: 0
DISPOSITION: AGENDA ITEM #: LCJ-ID
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
Contract with:Public Financial
Management, Inc.
CONTRACT SUMMARY
Contract #
Effective Date: 1/15/2000
Expiration Date: 1/14/2002
Contract Purpose/Description:3rd Amendment to contract for financial advisor services to the
County, extending services for two years
Contract Manager:John Carter
(Name)
4482
(Ext. )
OMB/1
(Department) / Courier Stop
for BOeC meeting on 1/19/2000
Agenda Deadline: 1/5/2000
CONTRACT COSTS
Total Dollar Value of Contract: $30,000.00 Current Year Portion: $22,500.00
Budgeted? Yesl2Sl No D Account Codes: 001-00101-530-310-
Grant: $
County Match: $
ADDITIONAL COSTS
Estimated Ongoing Costs: $_/yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Changes
Date In Needed ~
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Risk Management
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O.M.B./Purchasing
County Attorney
OMB Form Revised 12/13/99
3rd AMENDMENT
TO
AGREEMENT
BETWEEN
MONROE COUNTY
AND
PUBLIC FINANCIAL MANAGEMENT, INC.
FOR
FINANCIAL ADVISOR SERVICES
WHEREAS, Monroe County, hereinafter referred to as "County" and Public
Financial Management, Inc., hereinafter referred to as "Financial Advisor", entered into
an Agreement, which was effective September 22, 1994; and amended November 21,
1995; and January 14, 1998.
WHEREAS, County is desirous of continuing the services of the Financial
Advisor to develop for the County and assist in implementing strategies to meet its
current and long term operations and capital financing needs and render assistance in the
preparation and marketing of bond issues by the County; and
WHEREAS, both parties wish to extend the said Agreement.
NOW THEREFORE, IN CONSIDERATION of the mutual terms,
understandings, conditions, promises, convenants, and payments hereinafter set forth,
County and Financial Advisor agree as follows:
Section t.
here in.
Recitals. The above recitals are true and correct and incorporated
Section 2. Term. This Agreement shall remain in effect for one (I) year term
commencing on the date of the signature of the last party to sign unless canceled in
writing by either party upon thirty (30) days written notice to the other party.
1
Section 3. Other Conditions. All other conditions of the Agreement shall
remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have made and executed this
Amendment on the respective dates under each signature: Monroe County through its
Board of County Commissioners, signing by and through its Chairman, authorized to
execute same by Board action on the _day of and Lavon P.
Wisher, Managing Director duly authorized to execute same.
(SEAL)
ATTEST: DANNY L. KOLHAGE,
CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
By:
Deputy Clerk
Mayor/Chairman
PUBLIC FINANCIAL MANAGEMENT, INe.
I I
~~"U,.I-( ()t1 ,e. Ii JA ,<-u~A /
Lavon P. Wisher, Managing Director
2
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BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARAmON, FLORIDA 33050
TEL (305) 289-6027
FAX (305) 289-1745
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3660
BRANCH OFFICE
88820 OVERSEAS HIGHWAY
PLANT A nON KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852.7146
H E H 0 RAN DUM
To:
James Roberts, County Administrator
Isabel C. DeSantis, Deputy Clerk ~.~.~
February 4, 1998
Prom:
Date:
=================================================================
As you know, at the Board meeting of January 14, 1998, the Board
granted approval and authorized execution of a 2nd Amendment to
the Agreement between Monroe County and Public Financial
Management, Inc. fpr Financial Advisor Services.
Attached hereto is a duplicate original of the Amendment for your
return to PFM.
Should yo u have any questions concerning the above, please do
not hesitate to call.
cc: County Attorney
Finance
"File
.j
2ND
AMENDMENT
TO
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AGREEMENT
BETWEEN
MONROE COUNTY
AND
PUBLIC FINANCIAL MANAGEMENT, INe.
FOR
FINANCIAL ADVISOR SERVICES
WHEREAS, Monroe County, hereinafter referred to as "County" and Public
Financial Management, Inc., hereinafter referred to as "Financial Advisor", entered into
an Agreement, which was effective September 22, 1994 and amended November 21,
1995; and
WHEREAS, County is desirous of continuing the services of the Financial
Advisor to develop for the County and assist in implementing strategies to meet its
current and long term operations and capital financing needs and render assistance in the
preparation and marketing of bond issues by the County; and
WHEREAS, both parties wish to extend the said Agreement.
NOW THEREFORE, IN CONSIDERATION of the mutual terms,
understandings, conditions, promises, convenants, and payments hereinafter set forth,
County and Financial Advisor agree as follows:
Section 1.
here in.
Recitals. The above recitals are true and correct and incorporated
Section 2. Term. This Agreement shall remain in effect for a two (2) year
term commencing on the date of the signature of the last party to sign unless canceled in
writing by either party upon Thirty (30) days written notice to the other party.
RSW:2069-1 (3ObOl !.DOC) 10/29/97 11:44 AM
Section 3. Other Conditions. All other conditions of the Agreement shall
remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have made and executed this
Amendment on the respective dates under each signature: Monroe County through its
Board of County Commissioners, signing by an<;l through its c~an, authorized to
execute same by Board action on the/.!. day of ~, 199 Lavon P. Wisher,
~~a~.~g Director duly authorized to execute same. ,
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.,~.~ '~A"I~; DANNY L. KOLHAGE,
CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:~~Q. i!Jv)i~
Deputy Clerk
~4~_
Mayor/Chairman
PUBLIC FINANCIAL MANAGEMENT,
INC.
dk~
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l/tt::Lt.-r~
WItness
dJDAnNl (? uJ~ ~
Lavon P. Wisher, Managing Director
RSW:2069-1 (30b0lLDOC) lOn9197 11:44 AM
ACOFtDN CERTIFICATE OF LIABILI.TY INSURANCij~L~l DATE (MM/DDIYY)
12/10/97
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
The Addis Group, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Suite 200 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
100 Four Falls Corporate Ctr. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
West Conshohocken PA 19428-2976 COMPANIES AFFORDING COVERAGE
Christine M. Mertz, CIC, CPSR COMPANY
A Atlantic Mutual Insurance Co.
Phone No. 610-832-2100 FuNo.610-825-9136
INSURED COMPANY
/ B Centennial Insurance Co.
Public Financial Mgmt. , Inc. \\ COMPANY
Two Logan Square, Suite 1600 \ C
18th and Arch Street COMPANY
Philadelphia PA 19103-6933 D
>> >> ......... . .... .............777 ~/>> .>.> ...... ........ ..
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOlWlTHSTANDING 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.
CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
LTR DATE IMM/DDIYY) DATE IMMlDDIYV)
GENERALLIABIUTY GeNERAl AGGREGATE $ 2,000,000
f-
A X COMMERCIAl GENERAl LIABILITY 496300943 11/30/97 11/30/98 PRODUCTS - COMP/OP AGG $1,000,000
.... I CLAIMS MADE ~ OCCUR PERSONAl & ADV INJURY $1,000,000
OWNERS&CONTRACTORSPROT EACH OCCURRENCE $1,000,000
f-
FIRE DAMAGE (My one fn) $ 100,000
f-
MED EXP (Anyone person) $ 5,000
AUTOMOBILE LIABIlITY $1,000,000
- COMBINED SINGLE LIMIT
A ANY AUTO 496300943 11/30/97 11/30/98
-
AlL OWNED AUTOS BODILY INJURY
- (Per person) $
SCHEDULED AUTOS [0]125
- ~D~~ R:~ O'f! ,nl.l.
~ HIRED AUTOS BODILY INJURY
$
r-!. NON-OWNED AUTOS (Per accident)
AV '
\ \~ \1 <;<,\q'" {(:f~().~
f- PROPERTY DAMAGE $
n"Tr
GARAGE LIABILITY 7vrs 'JJ~ AUTO ONLY - EA ACCIDENT $
f-
ANY AUTO WAfIlFR: N/A OTHER THAN AUTO ONLY: >........ ... ......... .'.
f-
f- EACH ACCIDENT $
AGGREGATE $
EXCESS lIABIlITY EACH OCCURRENCE $10,000,000
A ~ UMBRELLA FORM 496300943 11/30/97 11/30/98 AGGREGATE $10,000,000
OTHER THAN UMBRELLA FORM $
WORKERS COMPENSATION AND I'!IC STATU- I IOTH- >........... .'/
X TORY LIMITS ER
EMPLOYERS' lIABILITY $100,000
EL EACH ACCIDENT
B THE PROPRIETOR! RINCL 401709962 11/30/97 11/30/98 EL DISEASE - POLICY LIMIT $ 500, 000
PARTNERSlEXECUTIVE
OFFICERS ARE: EXCL EL DISEASE - EA EMPLOYEE $100,000
OTHER
A Blanket Business 496300943 11/30/97 11/30/98 All Risks $1,165,000
Personal Property R/C Deduct $5,000
DESCRIPTION OF OPERA TIONSlLOCATIONSlVEHICLESlSPECIALITEMS
Monroe count{ Board of Commissioners is named an additional insured as
theirinteres s may appear.
............... ....... .> ><<................. ... .> ........>.>....... ...
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MONROEC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
Monroe County l F) ~ &: A7f ~ILURE TO MAIL SUCH NOTIC S~POSE NO,;~~ OR LIABILITY
Risk Management
5100 College Road 1:: ,(, ~~D",DN,"'COO"~"B 'N 0..... ~A'"
Key West FL 33040 = ~~"'~-<u:: ~~ . /,
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ACORD25-S (1195) . ". .> ....> . .................~..v......v C' ..~(/ . 't;:) A ORDCORPORAT~1988
~annp I.. J101bagt
BRANOI OFFICE
3117 OVERSEAS HIGHWAY
MARAmON, FLORIDA 33050
TEL. (305) 289~
FAX (305) 289-1745
CLERK OF TIm CIRCUIT COURT
MONROE COUNTY
500 WlfiTEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3660
BRANOI OFFICE
88820 OVERSEAS ffiGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
K E K 0 R.A N D 0 K
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To: James Roberts, County ~dministrator
I
From: Isabel C. DeSantis, Defuty Clerk-.9.C. &.
~~~==~~~:~t================================
As you know, at the November 21" 1995' meeting, the Board granted
approval and authorized execution of an Amendment to Agreement
between Monroe County and Public Financial Management, Inc., for
financial advisory services, in the amount of $2,500 per month
for unlimited services plus miscellaneous fees if authorized by
the County.
Attached hereto is a duplicate original of the above document
above for return to the Financial Advisor.
Should you have any questions concerning this matter, please do
not hesitate to contact me.
cc: County Attorney
Finance
pile
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AMENDMENT
TO
AGREEMENT
BETWEEN
FOR
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MONROE COUNTY
AND
PUBLIC FINANCIAL MANAGEMENT, INC.
FINANCIAL ADVISOR SERVICES
WHEREAS, Monroe County, hereinafter referred to as "County", and Public
Financial Management, Inc., hereinafter referred to as "Financial Advisor", entered into
an Agreement, which was effective September 22, 1994; and
WHEREAS, County is desirous of continuing the services of the Financial
Advisor to develop for the County and assist in implementing strategies to meet its
current and long term operations and capital financing needs and render assistance in the
preparation and marketing of bond issues by the County; and
WHEREAS, both parties wish to extend the said Agreement.
NOW THEREFORE, IN CONSIDERA TION of the mutual terms,
understandings, conditions, promises, convenants, and payments hereinafter set forth,
County and Financial Advisor agree as follows:
Section 1. Recitals.
incorporated herein.
The above recitals are true and correct and
Section 2. Term. This Agreement shall remain in effect for a two (2)
year term commencing on the date of the signature of the last party to sign unless
canceled in writing by either party upon Thirty (30) days written notice to the other
party.
Section 3. Other Conditions. All other conditions of the Agreement shall
remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have made and executed this
Amendment on the respective dates under each signature: Monroe County through its
Board of County Commissioners, signing by and through its Chairman, authorized to
execute same by Board action on the':U day of '17 ~ , 1995 and Lavon P. Wisher,
Managing Director duly authorized to execute same.
(SEAL)
A TIEST: DANNY L. KOLHAGE,
CLERK
BY:~C. ~
Deputy Clerk
Witness
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:cJ'=-F~
Mayor/Ch' an
PUBLIC FINANCIAL MANAGEMENT,
INC.
~
RaAJ-U}l C? b u4iA-;
Lavon P. Wisher, Managing Director
APPROVED A TO FORM
y
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DATE
2
11lannp 1. !tolbage
BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
BRANCH OFFICE
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
MEMORANDUM
TO: James Roberts
County Administrator
Ruth Ann Jantzen, Deputy Clerk "G!.A I.
FROM:
DATE:
March 6, 1995
As you know, on September 22, 1994, the Board of County Commissioners
granted approval and authorized execution of a Contract between Monroe County and
Public Financial Management, Inc., to provide financial services to Monroe County.
Enclosed please find a fully executed duplicate original of the above document for
return to Public Financial Management, Inc.
If you have any questions regarding the above, please do not hesitate to contact
this office.
Enclosure
cc: County Attorney
Finance
File
FINANCIAL ADVISORY SERVICES AGREEMENT
This Agreement is made and entered into this 22nd day of
September, 1994, between the BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, hereinafter referred to as "County," and
PUBLIC FINANCIAL MANAGEMENT, INC., a wholly owned subsidiary of
Marine Midland Bank, Inc. N.A., authorized to do business in the State of
Florida, hereinafter referred to as "Financial Advisor" or "PFM." '">
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WITNESSETH: ~!:2i UJ ~
WHEREAS. the County issued a Request for Proposal ~1~an~1 :
Advisory Services and PFM was selected by the Board;;~~.'?CoURty .~
Commissioners; and ,:!! >:;{ ~ ,~
~~: .::.; [5
WHEREAS, PFM has served the County since 1986; and 0\?5
WHEREAS, Monroe County has annually extended said contract; and
WHEREAS, the County and PFM have mutually agreed to extend
services under the same scope of services;
NOW, THEREFORE, in consideration of the above-mentioned premises
and for the purposes of this Agreement and the various covenants,
conditions, terms and provisions, the parties hereto agree as follows:
I. SCOPE OF SERVICES
PFM shall provide, upon request of the County Administrator or
County Commission, services related to financial planning and policy
development and services related to debt issuance. The services provided
shall include but not necessarily be limited to the following:
1 . Services related to the Financial Plannina and Policy
Development upon request of the County:
(a) Assist the County in the formulation of Financial and Debt
Policies and Administrative Procedures.
(b) Review current debt structure, identifying strengths and
weaknesses of structure so that future debt issues can be structured
to maximize ability to finance future capital needs. This will include,
but not be limited to, reviewing existing debt for the possibility of
refunding that debt to provide the County with savings.
(c) Analyze future debt capacity to determine the County's ability
to raise future debt capital.
(d) Assist the County in the development of the County's Capital
Improvement program by identifying sources of capital funding for
infrastructure needs.
(e) Assist the County with the development of the County's
Financial Plan by assessing capital needs, identifying potential
revenue sources, analyze financing alternatives such as pay-as-you-
go, lease/purchasing, short-term vs. long-term financing,
assessments, user fees, impact fees, developer contributions,
public/private projects, and grants and provide analysis of each
alternative as required as to the budgetary and financial impact.
(f) Review the reports of accountants, independent engineers
and other project feasibility consultants to ensure that such studies
adequately address technical, economic, and financial risk factors
affecting the marketability of any proposed revenue debt issues;
provide bond market assumptions necessary for financial projections
included in these studies; attend all relevant working sessions
regarding the preparations, review and completion of such
independent studies; and provide written comments and
recommendations regarding assumptions, analytic methods, and
conclusions contained therein.
(g) Develop, manage and maintain computer models for long-
term capital planning which provide for inputs regarding levels of ad
valorem and non-ad valorem taxation, growth rates by operating
revenue and expenditure item, timing, magnitude and cost of debt
issuance, and project operating and capital balances, selected
operating and debt ratios and other financial performance
measures as may be determined by the County.
2
(h) Provide debt services schedules reflecting varying interest
rates, issue sizes, and maturity structures as these are needed for
feasibility consultants or for related County fiscal planning.
(i) Attend meetings with staff, consultants and County
Commission. The County will make a reasonable effort to schedule
meetings and consolidate issues to minimize the travel
inconvenience to PFM.
OJ Review underwriter's proposals and submit a written analysis of
same to the County.
(k) Undertake any and all other financial planning and policy
development assignments made by the County regarding bond and
other financings, and financial policy including budget, tax, cash
management issues and related fiscal policy and programs.
(I) Assist the County in preparing financial presentations for public
hearings and/or referendums.
(m) Provide special financial services as requested by the County.
2. Services Related to Debt Transactions (Includes short-term
financinas notes. loans. letters of credit. line of credit and
bonds). Upon the reauest of the County:
(a) Analyze financial and economic factors to determine if the
issuance of bonds is appropriate
(b) Develop a financing plan in concert with County's staff which
would include recommendations as to the timing and number of
series of bonds to be issued.
(c) Assist the County by recommending the best method of sale,
either as a negotiated sale, private placement or a public sale. In a
public sale, make recommendation as to the determination of the
best bid. In the event of a negotiated sale, assist in the solicitation,
review and evaluation of any investment banking proposals, and
provide advice and information necessary to aid in such selection.
(d) Advise as to the various financing alternatives available as to
the County.
3
(e) Develop alternatives related to Debt Transactions including
evaluation of revenues available, maturity schedule and cash flow
requirements.
(f) Identify key bond features and advise prOVISions regarding
security, reserve fund, flow of funds, redemption provisions, additional
parity debt test, etc.
(g) Evaluate benefits of Bond Insurance and/or security insurance
for Debt Reserve Fund.
(h) If appropriate, develop credit rating presentation and
coordinate with the County the overall presentation to rating
agencies.
(i) Assist the County in the procurement of other services relating
to debt issuance such as Printing, Paying Agent, Registrar, etc.
m Review the reports of accountants, independent engineers
and other project of feasibility consultants as requested to ensure
that such studies adequately address technical, economic and
financial risk factors affecting the marketability of any proposed
revenue debt issue; provide bond market assumptions necessary for
financial projections included in these studies; and provide written
comments regarding assumptions, analytical methods, and
conclusions contained therein.
(k) Identify key bond covenant features and advise on provisions
to be included in bond resolutions regarding security, creation of
reserve funds, flow of funds, redemption provisions, additional parity
debt test, etc.; review and comment on successive drafts of bond
resolutions.
(I) Review the requirements and submit analysis of Insurance,
rating agencies and other professionals as they pertain to the
County's obligation.
(m) Review the terms, conditions and structure of any proposed
debt offering undertaken by the County and provide suggestions,
modifications and enhancements where appropriate and necessary
to reflect the constraints or current financial policy and fiscal
capability.
4
(n) Prepare the preliminary and final official statement and
coordinate with the County the appropriate data, disclosure
information and pertinent factors regarding the County and the
proposed financing program.
(0) Provide regular updates of tax-exempt bond market
conditions and advise the County as to the most advantageous
timing for issuing its debt.
(p) Advise the County on the condition of the bond market at the
time of sale, including volume, timing considerations, competing
offerings, and general economic considerations.
(q) Assist and advise the County in negotiations with investment
banking groups regarding fees, pricing of the bonds and final terms
of any security offering, and make in writing definitive
recommendations regarding a proposed offering, Provide
assurance that the pricing of the bonds is the lowest price based on
existing market conditions.
If the bond issue is competitive, the services of the financial advisor
will be modified to reflect that process.
3. Special Services. Upon reauest of the County:
PFM shall provide, which shall included but not be limited to, the
following:
1. Impact fee financial analysis
2. Grantmanship
3. Rate analysis
4. Management analysis
5. Referendum assistance
6. Legislative initiatives
II. WORK SCHEDULE
The services of the Financial Advisor are to commence as soon as
practicable after the execution of this Agreement and a request by the
County for such services, and shall be undertaken for each financial
transaction or project and completed as to assure completion in a manner
and time which are in accordance with the purpose of this Agreement.
5
Services which are not related to a particular transaction shall be
completed as agreed between the County and the Financial Advisor.
III. FINANCIAL ADVISORY COMPENSATION
For the services described, PFM's professional fees and expenses shall
be paid as follows:
1. For services related to financial planning and policy
development: The County shall pay PFM $2,500 monthly for
unlimited service.
2. For services related to Debt Transaction, (incluqing Bonds but
excluding resource recovery) PFM shall receive $1.00 per
$1,000 of debt issued with a minimum transaction fee of
$20,000 per transaction. For a refunding PFM's fee will be an
additional $2,500 and for a competitive issue, PFM t S fee will be
an additional $7,500 per transaction per service.
3. For services related to Special Services, PFM shall receive an
hourly rate as outlined below:
HOURLY RATE FEE
Managing Director
Senior Managing Consultant
Managing Consultant
Consultant
Analyst
Clerical
Administrative
Reimbursable Expenses
$175.00
$160.00
$150.00
$130.00
$11 0.00
No Charge
No Charge
In addition to the above, PFM will be compensated for
necessary, reasonable, and documented out-of-pocket
expenses incurred for travel, meals, lodging as in the amounts
authorized by Section 112.061, Florida Statutes, telephone, mail
and other ordinary cost for graphics, printing, data processing
and computer time which are incurred by PFM. Appropriate
documentation will be provided.
6
For services and expenses related to financial planning, PFM
will invoice the County monthly.
For services related to Debt Transaction, the County will be
invoiced upon completion of the transaction to be paid from
the proceeds of the financing.
The County and the Financial Advisor reserve the right, during
the term of this Agreement, to review the method of
compensation.
IV. TERMS AND TERMINATION
This agreement shall be for a term of one year commencing upon
the date first written above.
V. ASSIGNABILITY
The Financial Advisor shall not assign any interest in this Agreement or
subcontract any of the work performed under the Agreement and shall
not transfer any interest in the same without the prior written consent of the
County.
VI. INFORMATION TO BE FURNISHED TO THE FINANCIAL ADVISOR
All information, data, reports, and records in the possession of the
County necessary for carrying out the work to be performed under this
Agreement shall be furnished to the Financial Advisor without charge by
the County, and the County shall cooperate with the Financial Advisor in
every way possible.
VII. NOTICES
When either party desires to give notice unto the other, it must be
given by written notice, sent by registered United States mail, with return
receipt requested, addressed to the party for whom it is intended, at the
place last specified, and the place for giving notice in compliance with the
provisions of this paragraph. For the present, the parties designate the
following as the respective places for giving notice, to-wit:
7
FOR MONROE COUNTY:
Mr. James L. Roberts
County Administrator
5100 College Road
Public Service Building, Wing II
Key West, FL 33040
FOR THE FINANCIAL ADVISOR:
Ms. Lavon P. Wisher, Managing Director
Public Financial Management, Inc.
5900 Enterprise Parkway
Fort Myers, FL 33905
VIII. TITLE TRANSFER
The products of this Agreement shall be the sole and exclusive
property of the County upon completion or other termination of this
Agreement. The Financial Advisor shall deliver to the County copies of any
and all material pertaining to this Agreement.
IX. FINANCIAL ADVISOR'S REPRESENTATIVES
A. Assignment of Named Individuals
The following named individuals from PFM shall provide the services
set forth in this Agreement:
Lavon Wisher, Managing Director, Engagement & Project Manager
Phillip N. Brown, Senior Managing Consultant
Rick W. Patterson, Senior Managing Consultant
David C. Miller, Managing Consultant
Jerry L. Wright, Managing Consultant
Lydia Brown, Consultant
Pamela Holton, Consultant
Patricia Garrett, Financial Analyst
8
B. Changes in Staff Requested by the County
The County has the right to request, for any reason, PFM to replace
any member of the advisory staff. Should the County make such a request,
PFM ~holl promptly suggest a substitute for approval by the County.
X. INSURANCE AND INDEMNIFICATION
PFM shall indemnify, save and hold the County harmless from any
and all claims, suits, judgments or damages of any kind or description
including court costs and attorney's fees arising out of PFM's errors,
omissions or negligent acts in the performance of this agreement.
PFM has a comprehensive insurance program (self-insurance) for all
types of coverage including, but not limited to comprehensive general
liability, professional liability, automobile liability and worker's
compensation. PFM will provide an insurance certificate upon request.
XI. FINANCIAL ADVISOR'S REPRESENTATIVES
PFM shall provide all insurance coverages as required by the County.
IN WITNESS WHEREOF, the parties hereto have caused these presents
to be executed as of the day and year first written above.
(SEAL)
ATTEST:DANNYL.KOLHAGE,CLERK
BY:&d.AJ~1.AJ.
Dep Cle
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
(\~liu~~~
By:Q.) ~ JA
May Chairman
PUBLIC FINANCIAL MANAGEMENT,
INC. ~
BY:~1J.f9?\. (? ~J.(.1' A-/
Managing Director
blCONSlpfm.doc
APMOVtDAS TO FORIi...:
AND LEGAl. StJ 'C/ENC1'.
9
SWORN STATEMENT PURSUANT TO SECfION 287.133(3)(a),
FLORIDA STATurES, ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER
OFFICIAL AUTHORIZED TO ADMINISTER OATHS.
1. This sworn statement is submitted to Monroe County. Florida
(print name of the public entity]
by Lavon Wisher, Managing Director
(print individual's name and title]
fur Public Financial Management. Inc.
(print name of entity submitting sw"m statement]
whose business address is
,QOO F.n~PTpTiRP PRrkwRY
Fort Myers. Fl. 11QO,
and (if applicable) its Federal Employer Identification Number (FEIN) is 711 qq 71 ht..
(If the entity has no FEIN, include the Social Security Number of the individual signing this swora
statement:
.)
2. I understand that a "public entity crime" as defined in Paragraph 287\133(l)(g)~ Florida Statutes. means a
. violation of any state or federal law by a person with respect to and directly related to the transaction of business
with any public entity or with an agency or political subdivision of any other state or of the United States, including,
but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or
political subdivision 9f any other state or of the United States and involving antitrust, fraud, theft, bribery,
collusion, racketeerint, conspiracy, or material misrepresentation.
3. I understand that"convicted" or "conviction" as defined in Paragraph 287.133(I)(b), Florida Statutes, means a
finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or
state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result
of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere.
4. I understand that an "affiliate" as defined in Paragraph 287.133(I)(a), Florida Statutes. means:
1. A predecessor or successor of a person convicted of a public entity crime; or
2. An entity under the control of any natural person who is active in the management of the entity and who has
been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners,
shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership
by one person of shares constituting a controlling interest in another person, or pooling of equipment or income
among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that
one person controls another person. A perso,n who knowingly enters into a joint venture with a person who has
been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate.
5. I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person
or entity organized under the laws of any state or of the United States with the legal power to enter into a binding
contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity,
or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those
officers, directors, executives, partners, shareholders, employees, members, and agents who are active in
management of an entity.
~'~ 6. . Based on information and belief, the statement which I have marked below is true in relation to the entity
submitting this sworn statement. (Indicate which statement applies,]
~ Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners,
shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of
the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989.
_ The entity submitting this sworn statement, nor any of its officers, directors, exectutives, partners,
shareholders, employees, members, or agents who are active in the management of the entity, nor an affiliate of
the ,entity has been charged with and convicted of a public entity crime subsequent to July I, 1989.
_ The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners,
shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of
the entity has been charged with and convicted of a public entity crime subsequent to July I, 1989. However, there
has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative
Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to
place the entity submitting this sworn statement on the convicted vendor list. (attach a copy of the final order]
I UNDERSTAND THAT mE SUBMISSION OF mls FORM TO mE CONTRACI1NGOFFICERFOR mE PUBLIC
ENTITY IDENTIFIED ON PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC EN'iTrY ONLY AND, THATmIS
FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN wmCH IT IS FILED. I ALSO
UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A
CONTRAcrINEXCESSOFTHETIlRESHOLDAMOUNTPROVIDED IN SEcrION 287.0 17, FLORIDASTATIITES
FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN mIS FORM.
cfJ~(?~/
[signature]
Sworn to and subscribed before me this~ day of
OR Produced identification
1.(}L~
(Type of identification)
lC!LLVAN
MY COMMISSION' CC 413149
EXPIPS: 0cIllber 13. 1998
IIondIId ThnlIlollllY NIlIc ~
Form PUR 7068 (Rev. 06/11/92)