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Item P9 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: October 17,2014 Division: QunW Lkcimnistrator Bulk Item: Yes X No _„ Department:Administration Staff Contact Person/Phone##:Kevin Madok AGENDA ITEM WORDING: Approval of Contract Renewal for Public Financial Management(PFM)which shall run from October 16,2014 to October 15,2015.This is a professional service contract to provide financial planning,policy development,services related to debt transactions and other financial services. ITEM BACKGROUND: This company has provided financial services to the county for several years.The county has been very happy with their services. This is a professional services contract which Is does not require a competitive bid, however,this contract renewal will allow for continuity of that service until October 2015, at which time the county will do a competitive bid procedure In order to gauge the market. PREVIOUS RELEVANT BOCC ACTION: PFM has worked with the county since 1986. In 2004 the county completed a competitive bid process and awarded the contract to PFM. Since then the contract has been renewed. CONTRACT/AGREEMENT CHANGES:None ,STAFF RECOMMENDATIONS:Approval TOTAL COST: S2500.00 ner month INDIRECT COST: BUDGETED: Yes X No_ DIFFERENTIAL OF LOCAL PREFERENCE: N/A COST TO COUNTY: SOURCE OF FUNDS: 1-001 -S REVENUE PRODUCING:Yes— No X AMOUNT PER MONTH Year `"0 APPROVED BY; County Atty_ OMB/Purchasing^ Risk Management DOCUMENTATION: included Not Required DISPOSITION: AGENDA ITEM#1t Revised 7/09, MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Public Financial Manage. Contract#_ I Effective Date: Oct. 16,2014 Expiration Date: —Oct. 15,2015 Contract Purpose/Description: Provide-financial planning,policy development services related to debt transactions and other financial services. Contract Manager- Kevin Madok 4480 Administration (Name) (Ext.) (Department/Stop#) for BOCC meeting on 10-17-14 Agenda Deadline: 09-30-14 CONTRACT COSTS Total Dollar Value of Contract:$ 2500.00 Current Year Portion: $ monthly Budgeted?YesR No n Account.Codes: 0-01-000101753�03407 Grant:$ - - County Match:$ ADDITIONAL COSTS Estimated Ongoing Costs: $ jyr For. of mcluded is dollar mduc above) (2g.mainftme,-utilities,janitorial,salaries,etc.) CONTRACT REVIEW Changes Date Out Date In Needed er Division Director ,le Yes[3 Nod Risk Management Yes[]No[] O.M.BJPurchasing LL-1-_14 Yes[:]No[3 10. -I County Attorney YesFj No[n- 10- Comments: OMB Form Revised 2/27101 MCP Q Contrast Renewal This renewal is made and entered into this___day of October,2014 between Monroe County,called the"County", and Public Financial Management, Inc.,called"Financial Advisor",in order to renew the agreement entered into on April 21,2004. Whereas, professional services such as those performed by Financial Advisor may be exempted by the BOCC from competitive bidding under the Monroe County Purchasing Policy Chapter 4, Section A. 5 and B; and Whereas,the current agreement has expired and Monroe County desires to extend the agreement until October 15,2015; and Now,Therefore In consideration of the mutual terms,understandings, conditions, Promises,covenants,and payments hereinafter set for the, County and Financial Advisor agree as follows: Section 1.Recitals. The above recitals are true and correct and incorporated herein. Section 2.TernL This agreement is hereby extended for the period beginning April 21, 2013 and shall expire on October 15, 2015. Section 3.Notices. The County party shall read: For Monroe County Roman Gastesi,County Administrator 1100 Simonton Street, Suite 205 Key West,FL 33040 Section 4.Financial Advisor's Representatives.The following named individuals from Financial Advisor's firm shall provide the services set forth in this agreement: Mr. David Moore,Managing Director TEAM NCEMBERS: Sergio Masvidal, Senior Managing Consultant Jay Glover, Senior Managing Consultant Jeremy Nieffeldt, Senior Managing Consultant Contract Renewal with Public Pinandal Managemnan par Section 5.Other Conditions. All other conditions of the Agreement shall remain in full force and effect. In Witness Whereof;the parties have hereunto set their hands and seal,the day and year first written above. (Seal) Board of County Commissioners Attest Amy Heavilin, Clerk of Monroe County,Florida By: Deputy Clerk Mayor Public Financial Management, Inc. By: David A.Moore Title: M INROE COUNTY ATTORNEY PR VEDAQM: YN L ASS .�TANT COUNTY ATTORNEY Date) Contract Renewal with Public Financial Management Page 2 AN AGREEMENT BETWEEN MONROE COUNTY AND PUBLIC FINANCIAL MANAGEMENT, INC.FOR FINANCIAL ADVISORY SERVICES This agnaanUM made and entered into this.4/42i day of 2004,by and between Mouroo County, Wreivaftw called rho"Cmmty"and Public Financial Maaageraaut,Inc., to do budean in the,State of Florida celled the Financial Advisor or"PFPn seta forth the caucus and condition under which the Fb=cW Advisor shall pmvW services. WITNESSBTH WHEREAS,the County issued a Request for Pwposei for Financial Advisory Services and PFM was selected by the Board of County Commissioners:and WRMM4S,PFM has carved the County see 19$61 and WHEREAS,Macrae County has extended said contract annually for services,and: WHEREAS,Momma Cony has completed a RFQ process for Fla racial Advisory Services cod: WHEREAS,the County and PFM have mutually agreed to w acbd services under the same scope of services and compensation originally nalptiated, NOW, THEREFORE, m condderedu t of the above mentioned pr+amim and for the puuposea of this Agueament and the various covenants,soadift s,tam and provium which follow; L SCOPE OF ISERVICES PFM shall provide, upon request of the County Administrator or County C.ommiaalon„ aorvices related to faancfal planning and policy developmmm end sotvm related to debt lsaumace. Thu soryi+ces pmvided slball include but act necanarily be Iimited to the followiip& I. « Assist the County in the Im mulation of Financial and Debt Policies and Administrative Procedures. « Review current debt Structure,idea ifywS strengths and weep of structure so that fidurc debt issues can be structured to rowdu lze ability to fimoce fimn capital nxds. This will iaciudq but not be Limited,m reviewing a&W00g debt fare the possibility of r+etxuling that debt to provide the County with savhgpg « Analyze fatuae debt aapachy to determine the Cou nty's ability to ralae fntruue debt capitaL « Assist the County in the development of the Coua<y's Capital ImpmvemaB Program,by identifying sources ofespitat flmdhng for inflamraotme,needs. • Assiut the County with the development of the Corimy's Finaacial Pisa by creasing capital naafis, po' revenue maly= frnaoc'mg alternatives such as pay-as-you jA leasdpurchasurg,short-terra fiausacin$4 sa34asm40t%user f=6 impact face,devekgw publidprivate pmjecta, and grams and provide dyes of each alternative as ra p&ad as to rho budgetary and alai impact. • Review the impotme .�eriesdn other prnaject fesidbilay its to ereruoa tfrst such studies adequately adlreeeu 1,,economic,and financial risk factors affi c ft the maduft Y of my proposed rannu a debt issues: pu�avide bond market anumptions necemary for finochal projections included in these studios: attend all relevant waddag sessions regarding the preparations,review and cn*lcdw of such independent studies and provide written comnaeots and racontmendations regarding aasunpfiooL.mob do methak and coruchusiooa cow therein. Page I • Develop, menage and maintain computer models for long-gym capital planning which provide for inputs regarding Imels of ad vadou:m and aoa ad vaiortaao taxation,growth rates by operating revenue and vgxc litre but,tfinie&magnitude and oast of debt issuance,and project operating and capital balances, selected operating and debt ratios and otter fiasaciat perfornancea measures as may be determined by tho County • Provide debt services schedules refiecft varying interest ratites,Lum sues,and maturity snuotues as time are needed for f dbtd y consultants or for related County fiscal planning:and • Actual meetings with stab;,consultants and County Commission.The County will make a rewmable effot to hula meetings and comsolirdata Issues to minimdae the travel incouvenietrcc to PF M. • Review undawriter's proposals and submit a written analysis of same to the County. • Undertake any and ail other financial planning and policy development assignment made by the County regarding bond and other finnocings, and financial policy including bufte%t tax, comb mmnagona t issues and related fiscal policy and programs. • Assist the County in p.qw ing financial presentations for public hearings and/or rafraaendumm. • provide special f osmial services as requested by the County. Mer of e;r+edtt sand boade l Oooa the reg,a st of lk our • Analyze Anancial and economic factors to deteamine if the kaacanee of bonds is appropriate. • Develop a financing plan in concert with County's staff which would include t oc orm umdadom;as to the timing and number of seriaa of bads to be ism dd. • Assist the County by recommending tba bast method of oak, either as a negotiated sale, private phice uemt or a public sale. In a public sale,make rorxwutmandatiom as to the determination of the bast bid In the event of a negotiated sole, assist in the solicimticm, review and evaluation of any investment banking proposals,and provide advioa and information necessary to aid in such satection. • Advise as to the various Ibancdmg alternatives avaliable to the Canty. • Develop alternatives related to Debt transaction including evaluation of revenues available,maturity schedak mod cash flow roquirear ants. • Idento key bond fatues and advise proms rogarding may, reame fund. How of fiords, redemption p ovisions,additioosl parity debt test.etc. • Evaluate benefit of Bond Insurance and/or security chance for Debt Reserve Fund. • If appropriatk develop credit rating presentation. and coordinate with the Canty the overall prosenmtioa to r erg tutancies, • Assist the Cecudy do the Ana of actor services relating to debt issuance such as hinting, Paying Agent,Regiow.obc. • Iden* trey bead covenant feozaa mod advise on provisions to be included in bond resolution regarding security,creation ofrastaw fumes,flaw of flouts,redemption pn wisioas,additional parity debt test,etc.;review mod eamraant om sueeas live drafla of bond re sohdions. • Review the raWmarm and submit analysis of bAnrwX a,rating apracias and other profe wto cab as they panmin to the County's obligation. Page 2 • Review the Urms,conditions and sb uclum of any proposed debt offming undatah=by the County and ptvAde suggestions,modifications and enhancements wh m appropriate and ngmwy to repeat the constraints or cutreat paancid policy and fiscal capability. • hopme the mlizalmy and final dffr W statement and coordinate with the County the aPPmpiac data,disclosum infannattan and pertment ham rcgartbn tha County and the proposed finanemg ProgrIMUL • Provide regular updates of tax-exempt bond market conditions and advihsso the Cindy as to the most advantageous timing for isK&W its delft. • Advise tiro County on the endition of the bond mmkot at the time of sale,including volume,timing considaatlons a mpeting o5wio a,and general economic coasida mioas. • Assist and advise the County in negotiations with mvestnt M baaidug groups regarding fees,pricing of the bonds and fmat terms of ashy security oflbrings, and make m writing definitvar recommendations mvTding a proposed offaaing. Provide assurance than the pricing of the bonds is the lowest pike baud on existing market conditions. If the bond issue is competitive, the services of the financial advisor will be modified to reflect that p 3. �Servllres ago_*rrSggW jb*r'mp"; PFM shall pttwide special services that will htcirde,but not be limited to,the following! 1. Impact fee financial analysis 2 Grip 3. Rate analysis 4. Mauegemeat analysis S. lidfeerafum analysis 6. Legislative initiatives IL WORK SC MULB The services of the Finauhcal Advisor ate to commence as soon as practicable after the execution of this Apr mud and a request by the Courtly for such service, and shall be undertaken for each finial *=SA =or projca and completed as to assure completion in a mama and time which am in acoordarrce with the purpose of this Agmemeot. Savicas which am not related to a particular transaction shall be completed as agreed between the County and the financial Advisor. 1IL FINANCIAL ADVISORY COMPa1NSATION For the services desw bed,PFM's profissional fleas and otpeases shall be paid as follows: 1. For services related to financial planning and policy development The County shall pay PFM 52,500 monthly for Uwhww services. 2. For services minted to Deist Tmanction,(including Bends but eawluding rasmnx recovery)PFM shall receive $1.00 per $1,000 of debt issued with a minimum t<ansudon fee of $25,000 per F��g and amVetitive hove. PFM's The will be an additional $7,500 per bansection a P 3. For services related to Special Services PFM shall reasive an hourly hate as outlined below: PvV 3 HOURLY RAIE FEE bIma&g Director $175.00 Smiar Ming consultant $160.00 Managki;Consulmat S1S0.00 consultant $130.00 Analyst $110.00 Clerical No charge Administrative No charge In sddW=to the above,PFM will be computed lbr nmesmy.remubK and doarmented out-of- pocket a111,11 se marred for tmvel,to cW%lodging as in the amooats m9bwInd by Section 112.061, Florida Stamutes, telaphone, marl, end other ordiumsyr coat and any actual cutraondinary cost for gmp uk printing, duo processing and con>pbar limo which are incurred by PFK App mprm t documentation will be provided. For services and expenses,routed to titrancial planning,PFM will invoice the County monthly. For services,related to Debt Transaction the County will be invoiced by PFM upon completion of Nat transaction to be paid from the proceeds ofthe tlnancing. The Costly end the Fina wW Advisor raserve*e right,during,the am of this AVvemcrt,to review the method ofcompensation. IV. TERM AND TERMINATION This agreftment shall be for a term of one year aomomcocing upon the date fist written above. V. ASSIGNA UM The Fhnn cial Advisor shell trot assign any irdarmt in this Agree w*or subcoubact any of the work performed under the Agreement end shall not' ans 6- any intarost in the same without the prier written consent of the county. VL 1141MRMATION TO BE.FURNISHED TO THE FMANCIAL ADVISOR Ali information,dads,and reports in the I on of the County aooessmy for ewrying out the work to be parfortrrcd under this Agmmmmt shall be ftanished to the Financial Advisor without c.1me by the County,sad the County shall cooperate with flue FhoncW Advisor in every way possible. VIL NOTICES When cMw penny desires to gin notice tub the other,at must be given by wrbm notice,sent by registered Unfbd States m4 with retaan mcetipt requested,addmued to the paaty for whom it is intended, at the plane last Twilled,and the place far giving notice in c mwliamoe wAh to p mviaiom of this perageapb. For the pnmmt the Parties deshpAo the following as the re "places for giving notim ta-wit Mr..1im Roberts County Admi dstrabr 1100 S'kmamon Street Key Wass,FL 33040 FOR THE FINANCIAL AMM%M Mr.Hal Canary,Senior MamWog Canaarlbant PuNic Financial Managemamt,I= 10100 Deer flan Farms Road,Sake 201 Fort Mya%FL 33912 Pap 4 VIII. TITLE TRANSFER The products of this Agreement shall be the sole and exclusive property of the County upon completion or other lamination of this Agfeez u=L The Fhsamr W Advisor shall deliver to the Canty copies of any and an MMIrlal poriaining to the Agreement. M FINANCIAL ADVISOR'S REPRESENTATIVES A. Assignment of Named IndlvMwals The following funned individuals fi m PFM shall provided the services set£Drib in this Apftmmt Mr.David Miller,Managing Director Mr.Hal Canary,Sam w Managing Cep Client Memager TEAM MHMBBRS T1't�*" David Miller,Managing Director Hal Canary,Savior Managing Consultant,Client manager Kelly R.yman,Consultant Kyrie T urtan.Consultant Rebac a Peterson,Consultant,Orlando !ay Glover,Consullart,Orlando EL Charges is Staff R"Paded by the County The County has the right to request,for arty reason„PFM to replm any m,=bcr of the advisory gaff:Should the County make such a request,PFM shall promoy suggest a aubstib&for approval by the County. x INSURANCE AND INDEMNIFICATION PFM shall hadattnify, an and hold the Canty bannb= from my and all ckhg3, snit.*Vmnt& or of soy kind or description including ding court oasts and attarraoy's fees wing out of PFM's errors,omissions or negligent acts in the Ica ofthis agrteamert. PFM has a ctmrptehensive insurance PrOMauon (self-i uu ce) for all types of coverage including, hat not limited to comprehensive ge naval Iiebility,professional liability.automobile liability and worimes compensation.PFM will provide on in:a rm=Cadfieft moon request. XI. FINANCIAL ADVISOR'S REI'%=NTATFVES PFM shall Provide all insurance coverage as requked by the Counts. XIL MISCELLANFAUS A. PFM shalt maintain all books,records,and doc unenls directly pertinent ,ma nent to c this Agraannot in accordance with generally aoeapted accowurong Piniphs ce aaimnily died. Each party * this Agreement of dww authorized neprede'emtat m shall have moonabhe and Umely access to such records of each other party to this Agreeneot for public recants purposes,during the term of the Agmement and for four years Wowing the to mination of Ibis Agreaumut. B. Governing Law,Venue,lula elation,Costs.and Fars: This Agmenseat shall be governed by and construed in accordance with the laws of the State of Florida applicable to arorntacb made and to be parfornned entirely is the State. Im the event that any cause of action or arhnimsrstive proceeding is instimd for the enfanzateat or imtarparetetion of this Agmement,true County and PFM agree that venue will He in too appropriatle court of before the administrative body in Warm County,Ftodida. Page 5 1U County and PFM agree dA in the event of conflicting intiap on of tin terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation Prior to the institution of any other a dmiaistrztive or legal proceeding. C. Severabiiity. If any Harm, covamik condition or provision of this Agteemart (or the application t hereof to any circumstance or person)shad be declared invalid or ume nfameable to any runt by a court of compeeent mainin terms,covevants,conditions and f dus shall oat be affected thercbr. jurisdiction,the farm,covenmt,edition and.provision of this Provisions ogree meet shall id and shall be ariftconble the fidlest extent permitted by law unless the whm meat ofthe remaining tarmm,covenants,,conditions and provisions of this Agreement would prevent the aanmplislm e t of the original intent of this Agreement. The County and PFM agree to refam the Agreement to replace any strid en provision with a valid provision that comes as close as possible to the intent of ties stricken provision. D. Auoraey's Fees and Costs. The County and PFM agree that in the event nay cause of action or administrative proceeding a initiated or delimded by any party relative to the a rribre Ott or irate ptd don of this Agreement, the prevailing party shall be entitled to tenon"at orWs fees,court coats. investigative,and out-of- pocket expenses °as so award spind the noninv ul ell party, and shall ixWe attoraey's fees, counts coats, iatveratigativR and out-of-pocket expenses in appeWu4aa procxodiogs. Mediation proceedings initiated and conducted punsuaet to this Agreement shall be in aaxosdssoa with the Florida Rules of Civil Procedure and usual and customary required by the circuit court of Monroe County. E. Hutting Effect. The terms,covenants,conditions, and provisions of this Agreement shall bind,and inu m to the benaIN ofthe County ad PFM and their respective legal represestativek successors,and assigns. F. Authority. Each party reprr and wariab to the other that the uccution, delivery and ppaforarasco of this Agreement have been duly authorized by all necessary County aid corporate action,as required by G. Claims for Federal or State Aid PFM and County agree that each shall bey and is,empowaad to spply for, sue, mad obtain fedwal and state funds to further the purpose of this Agreement; provided that all applications,requests.gnat proposals,and handing solicitations shall be approved by each party prior to submisdom [L Adjudication of Disputes or Disagreements. County and PFM agree that all disputes and giants shall be attempted to be resolved by meet and cenfix sessions between representatives of each of the parties. Um resolution can be agreed upon within 30 drys after the first meet and waft seesaion,the issue or'terra+ shall be discussed at a public meeting of do Hoard of Ceruty Conmsaissio mss. ,f the issue or issues ate still not resolved 10 the aatisf ctim of iha parties,than any party shall ben the right to seek such mW or remedy as may be provided by this Agreement or by Florida law. L Noudiscrimmabom Comm+and PFM agree that tb are will be so discrimination ' and it is expressly understood test upon a determination by a court of competent Jurisdiction that&1cri�ti occurred,this Agree unit mtomatitally terminates without my fiuther action on due part of any party,effective the daft of the court order County or PFM agree to comply with all Federal and Florida sum**,and an local ordinances,as telatimt to isondisaarlrraiat d m. These include but are not limited tar. 1)Title VI of the civil Rigba Act of 1964 (PL $g-332)which pohibits discrQnination on the basis of race„ color or national orWn; 1)Title IX of the Education Amendment of 1972,as amended(20 USC ss. 1681-1693,and IM-16M which p mbibits discrimination an the basis of sex;3)Section 504 of the RehebUitation Act of 1973,as amended(20 USC a 794),which prqhilits diuriminstion on tin beds ofhandica m 4)Tire Aga Discrimination Ad of 1975,as amended(42 USC ss.6101-6107) which prdnlpits discrWmstiau on the basis of ma;5)The Drag Abuse 0115ce and Treatment Ad of 1972(PL 92-254 sa amended resting to nondscximbobou on the barrio of thug abuse, 6)The Cosmpsehensive Alcohol Abrade and Aloobolism Pmveudos, Troome t and Relwbliludon Act of 1970 (PL 91-616), as amended, relating to nomdiscriminstion on the basis of alcohol abase or akdwlb=;7)The Public Health Service Act of 1912,ss.523 and 527(42 USC as.690dd-3 and 290ee•3),as amended rc>atmg to sty of aleobot and dung,abuse patent recorail� 8)T"rule VIU of the Civil Rigbta Ad of 1%8(42 USC s.at seq.1 sa amended,raiding to nondiscrimination Lion is rho sale,, nmW or famuciag of bosuder,9)The Awaricass with Disabilitin Act of 1990(42 USC s. 1201 Netek as maybe aamamded finosnt time to time,relsting to aeadisorimiaatian ou the buses ofdissbhMW t0) Any odasar oondisaiminstion. provisions in may Federal at state statutes s which may apply to the parties to or the aubjact matter*&this Agreemeart. PaV6 w I Cooperation. In the event any administrative or legal proceeding is instituted against either party relating to the fornudion,w cudon,performance,or breach of this Agroeuucnt,County and PFM agree to participate,to the indent required by the other party, in all cgs,het iqA processes,meetings,and odw activities related to the substance of this Agreement or provision of the services under this Ate. County and PFM spechically agree that no party to this Agreement shall be required to eamer into any arbitration proceedings related to this Agreement. IL Covenant ofNo lnuwesL County and PFM covenant that neit a presently has any Lowest,and shall net acquire any interest,which would conflict in any manner or degree with its performance under this Agrem enk and that only interest of each is to perform and receive benefits as recited is this Agreement, L» Code of Ethics. County agrroes tint officers and employees of tho County recogni n and will be required to comply with the standards of aradnct for public officers and employees as del Bated in Section 11?313, Florida Sbftfts,reading, but not limited to, solichation or acceptance of gift,doing business with one's sgpucy; unraudwriaed compensation; misuse of public position, conflicting employmmt or cow mkdonship; and disclosure or use of certain information. M. No Soiicitution/Payment. The County and PFM warrant that„ in respect to itseK it has nahhor employed nor rdamad soy company or person, odder than a bona fide employee wo+ddng solely for it,to solicit or aocane this ArtawAnd and that it has not paid or agreed to pay any person,company,corporation,Wftdual,,or floor other than a boos fide employee worldog solely far it,arty fen,cantmission percentage,gift,or other lion contingent upon or rah dbs Qrnm the award or malting of this Agreement For the breach err violation of tho pmovision, the PFM agrees that the County shall have the fight to terminate this Agreement without liability and,at its discrotion, to offret from monies owed, or otherwise recover, the fbp amount of such fee, commission, percenuW,, gift, or consideration. N. Public Access. 17he County and PFM"I allow and permit reasonable arms m.and inspection oC all docunumO,papers,letters or other materials In its possession or under its control subject to the provisions of Clapter 119, Florida StaW4cs and made or received by the County and PFM in conjunction with this Agreement and the Cotnhfy shall have the right to unilaterally esacxl this Agreement upon violation ofthis provision by PFM. O. Non-Waiver of Immunity. Notwithstanding he provisions of Sec. 28628. Florida Statutes„ the Participation of the County and the PFM in this Agreement and the acquisition of any commarciat liability insurame coverage,self insmance covorege,or local govanxaMM liability iasufamce pool coverage mall not be deemed a waiver of immunity to the extent of liability coverage,nor shall any otamtract entered into by the County be squired to contain any provision for waiver. P. Privileges and Immunities All ofd o privileges and immunities from liability,exemption from hrws, ordinances,and odes and pensions and relief disability,wor um,compensation,and other benefits which apply to the activity of officers, agents, or employees of any public agrenla or employees of the Comfy, when puftraing their respective Bans under this Agroamout within the territorial limits of the County shall apply to the same degree and eedgnt to the perfornu moo of such functions and duties of such officers,agents volutes,or employees outside fhe territorial timits of the County. Q. L,er$al Obligations and Responsibilities: Non DDeleptlon of Cosa dtudonal or SMU=y Duties. 'This; Aggreememt is not intended to, nor shall it be construed as,relieving,any Participating enemy fin say obligation or ��hy of WW the entity by law towept to the extent actual and timely parformaoce theaaof by any partitapaging,anti%in which acme tbo parforun use may be ofted won on of the obligation or ra*oastbr'lity. Fu rdw,this Agreement is to mlendbd to,nor shop it be cowed as,authorizing It>e delegation of the constitutional or adntttory duties of the County,eeccept to the extent permitted meted by the Florida constitution,state statute and case law. R. Non-Reliance by Non-Patties. No pesaon or entity shall be entitled to rely upon the trams,or any of than,of this Agreement to enfor oo or attempt to ankm any third-peety claim or enda meut to or benefit of any sefvica or progrism contemplated haratindw,and the County and the PFM agree that neuter the County nor the PFM or any arm%offish,of employee of ether shall have the authority to iaforrn,counsel,or otherwise iadirm ghat any pwticWw individual or group of individuals,city or entities,bavc dents or beets under this Agree=mt separate and apart,nafefiof to,of mporlor 10 the community in gong or for the:ptmposas contemplated in this A,gmCm=L S. ARtastations. PFM agseas to cwcttte such documents as die County stay reasonably require, to include a Public Entity throne Statement,an Ethics Statoo=4 and a Drug-Frce Woefcplace Statemeaat, Pqp 7 T. No Personal Liability. No covenant or agreement oontaared herein shall be deemed to be a covenant or aft of any mambor,offim,agent or employee of Monroe County in his or her individual opacity,and no member,ot'itxr,agent or employee of Momroe County shall be liable personally on this Agreemeet or be subject to any parsonal liability or accountability by reason oftbo execution of this Agmament. U. Execution in Counterparts. This Agreement may be executed in any number of coumarpsrts,each of which slim]be rasganded an an original,all of which taken together shall constitute one and the same hotrument and any of We parties bmato may execute this Agreement by 3uWag any such counterpart., N. Section Has&gs. Section hoadiegs have ban hooded in this AVeameat as a mattear of convenience of rohrence only,and it is agreed that suodr section]readings arc not a part of this Agreement.and win not be used in the into of any provision ofthis Agraa m=L IN WrTNESS TMEOF,the County and Financial Advisory have executed this Agaaoment as of the day and yew,hoilin above written. (UAL) . BOARD OF COUNTY COMMISSIONERS Atltest+i�ANN'Y"OLHAOE,Cleric OF MONROE COUNTY,FLORIDA *00r0 Svc By —Za6z Cirri: Mg4/C sirpaaon Date .w'L .,, a•«y VMMLiIzrr W �no2ta�r� (SEAL) ' PUBLIC FINAN IAL MAN EMENT, A EINC. p Tile Tine Date •�—/0—t�aF. jconPFM 4NP'u COS O� y asp cc R� vp y C �r jc W x `-� a Page 8 LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO.010-1"0 MONROE COUNTY,IFLORMA ETIHCS CLAUSE 11 A& Al. c�/� 'w warrants that wit has not employed,111.1ctained, or otherwise had act an bis/its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 10-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 10-1990. For breach or violation of this provision the County may,in its discretion,terminate this contract without liability and may also,in its discretion, deduct from the contract or purchase price,of otherwise recover,the W amount of any fee, commission,percentage,gilt,or consideration paid to the f==Coy9ty Officer loyce Date: STATE OF Florida COUNTY OF Lee PERSONALLY APPEARED BEFORE ME,the undersigned authority, Hal W. Canary -who,after first being sworn by me,affixed histha signature(name of individual signing)in the space provided above an this let day of June ----,2004 . 0 -p4id' NOTARY PUBLIC My commission expires: FAMMOM"M WOE W �E Do OMB-MCP FORM#4 PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity,may not submit a bid on a contract with a public entity for the construction or repair of public building or public work,may not submit bids on leases of real property to public entity,may not be awarded or perform work as a contractor, supplier,subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list."