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BURGESS CHAMBERS & ASSOCIATES, INC. - INVEST. ADVISORS FOR COH DEFERRED. COMP.A CONTRACT AWARD SHEET INSTRCUTIONAL GUIDE TO ASSIST YOU WITH THE INFORMATION CONTACINED HEREIN IS AVAILABLE IN THE PURCHASING SECTION OF OUR WEBPAGE AT: www.hialeahfl.gov CITY OF HIALEAH CONTRACT AWARD PURCHASING DEPARTMENT CITY OF HIALEAH CONTRACT: AGREEMENT FOR INVESTMENT PERFORMANCE MONITORING AND ADVISORY SERVICES DESCRIPTION: INVESTMENT ADVISORS FOR THE CITY OF HIALEAH DEFERRED COMPENSATION AND DEFINED CONTRIBUTION COMMITTEEE CONTRACT PERIOD: 10/01/2022 – 09/30/2023 SECTION #1 – VENDOR AWARD Name: BURGESS CHAMBERS & ASSOCIATES, INC. Name: Contact: BURGESS B. CHAMBERS Contact: Phone: Phone: Fax: Fax: E-mail: E-mail: Name: Name: Contact: Contact: Phone: Phone: Fax: Fax: E-mail: E-mail: SECTION #2 – AWARD/BACKGROUND INFORMATION/APPLICABLE ORDINANCES/NOTES CITY COUNCIL APPROVED ON: 11/08/2022, ITEM D AMENDED AMOUNT: RESOLUTION NO: INSURANCE REQUIREMENTS: ANNUAL CONTRACT AMOUNT: $62,200.00 PERFORMANCE BOND: APPLICABLE ORDINANCES: Notes: SECTION #3 – REQUESTING DEPARTMENT CITY OF HIALEAH, DEPARTMENT OF RETIREMENT Contract Administrator: ELSA JARAMILLLO-VELEZ, ESQ. Phone: 305-883-8050 SECTION #4 – PROCURING AGENCY CITY OF HIALEAH, DEPARTMENT OF RETIREMENT Contract Administrator: ELSA JARAMILLLO-VELEZ, ESQ. Phone: 305-883-8050 Prepared by: MARILIN GUTIERREZ r ITEM# D --- NOV 0 8 2022 COUNCIL AGENDA ITEM RE UEST FOR supporting documents are due the Monday of the week prior to the City Council Mee Date of Request: 10/12/2022 Requesting City Department : Retirement Requested Council Meeting Date: Action Requested from the City Council : Scope of service(s) or product(s): V e ndor: Exp e nditure Amount: D D D D D D 11/8/2022 Issue a purchase order Increase a purchase order Award a bid D Bid No. Rej ect a bid D Bid No . Special Ev ents Permit Street Closure Other: Inves tm ent Advisor s Burgess Chambers & Associates, In c. Olo-. $62,2 00.00 Funding Source (i.e ., account funding the expenditure): Purchasing Process: 001-4210-513310-Professional Services D Competitive Bidding l:n exc7 tion to competitive bidding applies: t;/ Professional services in the nature of consultants, accountants and attorneys D Sole source provider D Emergency based on object ive facts D Credit facilities D Competitive bidding is not required because the City is utilizing a bid that has been awarded or under contract by state, county or other governmental agencies. D Title of state, county or oth e r governm e ntal agencies contract : D Piggy-back contract expiration date: ~~~~~~~~~~~~~~~~ D Waive Competitive Bidding 0 Reason(s) it is not advantageous to the City to utilize competitive bidding : r Signatures: r AGREEMENT FOR INVESTMENT PERFORMANCE MONITORING AND ADVISORY SERVICES Effective ~{f!!I) -iz. , 2014, this agreement entered into this ..11:_ day of 6c,·lt1(i./ between BURGESS CHAMBERS AND ASSOCIATES, INC., (hereinafter called "Monitor"), and CITY OF HIALEAH DEFERRED COMPENSATION AND DEFINED CONTRIBUTION PLAN (hereinafter called 110wner11 ). WITNESS ETH: WHEREAS, Monitor is in the business of providing investment performance monitoring and advisory services; and WHEREAS, Owner desires Monitor to provide investment petformance monitoring and advisory services with respect to the Plan; NOW, THEREFORE, in consideration of the premises and mutual promises herein contained, the parties agree as follows: A. SERVICES OF MONITOR Monitor shall provide the following services to Owner as shown below: 1. Investment Policy and Guideline development and Review. 2. Asset Allocation Consulting. 3. Investment Manag e r Search . 4. Measurement by Objective/Performance Analysis with written reports and oral presentations to the Board on a Quarterly basis. 5. Monitor and report on all investment managers' compliance with t he plan documents and inve stme nt policy on a quarterly basis. 6. Monitor and report on execution of trades and transaction costs on a quarterly basis . 8. RESPONSIBILITIES OF OWNER Owner agrees to provide or cause its accountants, trustees, investment managers, and legal advisors to provide information regarding income, investment performance, and other pertinent matters relating to the Plan as requested by Monitor from time to time. Owner, through its authorized representative, also agrees to communicate the Plan's needs and goals to Monitor and to keep Monitor informed of changes in Owner's situation, needs and goals. Monitor shall not be required to verify any information obtained from Owner, Owner's or Plan's accountants, actuaries, trustees, investment managers and legal advisers and is· expressly authorized to rely thereon. C. CONFIDENTIALITY All information and advice furnished by either party to the other, including their agents and employees, shall be treated as confidential and not disclosed to third parties except as agreed upon in writing or required by law. Monitor is herein given absolute authority by Owner to disclose, provide copies of, and communicate information obtained from Owner or developed by Monitor to Owner's money manager and Owner's attorney. D. BASIS OF ADVICE Owner acknowledges that Monitor obtains information from a wide variety of publicly available sources and certain private sources. The advice provided by Monitor to Owner is based upon its analysis of such information. E. REPRESENTATIONS OF MONITOR Monitor hereby represents that: 1. Monitor is not the Owner's money manager nor is Monitor in any way compensated by nor does Monitor have any affiliation whatsoever with any Plan money manager; and 2. Monitor acknowledges that it is a fiduciary of the Plan as defined by the Employee Retirement Income Security Act of 1974. 2 r F. LEGAL, ACCOUNTING AND ACTUARIAL SERVICES It is understood and agreed that Monitor and its employees will not render any legal, accounting, or actuarial advice. Monitor is not engaged in the business of rendering such services and Owner acknowledges that Monitor will provide no such services with respect to the Plan . G. FEES TO MONITOR In consideration of the routine services rendered by Monitor, Owner shall pay to the Monitor an annual fee based on the following percentages of the Fund's assets (at market): 0.07% fee of the Fund's total assets value. Fees shall be determined and paid quarterly, in arrears . Fees for non-routine services shall be approved by the Owner in advance of the service being rendered and shall be paid upon completion of the services . H. TERMINATION Owner shall have the right to termination of this Agreement and full refund of any fee paid for five (5) business days after the signing of this Agreement. Owner shall give Monitor written notice of termination . After the initial five (5) day period, Owner may terminate this Agreement at any time in writing, and charges for services completed will be prorated based on the total fees as set forth in paragraph G . I. REQUIRED DISCLOSURES Monitor is an investment adviser registered with the Securities and Exchange Commission under the Investment Advisors Act of 1940. Monitor shall deliver information providing disclosures regarding the Monitor's background and business practices along with Part II of Monitor's Form ADV filed with the 3 r S.E.C. Owner acknowledges that it has received the Monitor's most recent ADV, Part 11. Monitor shall provide a copy of the required disclosure on an annual basis. J. MISCELLANEOUS 1. This Agreement shall be applicable only to the services individually prepared for Owner. It shall not relate to any advice given by any person or persons not specifically designated by Monitor in writing to perform such services. Monitor agrees that Monitor is a fiduciary to the plan in connection with the performance of services rendered hereunder. 2. Neither party hereto may assign , convey , or otherwise transfer any of its rights, obligations, or interest herein without the prior express written consent of the other party. 3. This Agreement represents the complete agreement of the parties with regard to the subject matter and supersedes any prior understanding or agreement, oral or written . 4. This Agreement may be amended or revised only by an instrument in writing signed by Owner and Monitor. 5. The validity of this Agreement and of any of its terms or provisions, as well as the rights and duties of the parties hereunder, shall be governed by the laws of the Florida. 6. This Agreement may be executed in several counterparts, each of which shall be deemed an original. K. PUBLIC ENTITY CRIMES BILL Section 287 .133, Florida Statutes , provides that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or se rvices to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work , may not submit bids on leases of real property to a public entity, may not be aw ard ed or perform work as a contr actor, suppli er, subcontractor, or 4 r 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 , Florida Statues, for CATEGORY 1WO for a period of 36 months from the date of being placed on the convicted vendor list. IN WITNESS WHEREOF, the Owner has signed duplicates hereof, and BURGESS CHAMBERS AND ASSOCIATES, INC has caused its corporate name to be signed to said duplicates by its proper officers thereunto duly authorized on the day and in the year first above written. ATIEST: ~-jjf!Ji~~ ·~=~~~---- Acting City Clerk BURGESS CHAMBERS AND .ASSOCIATES, INC. / · ----/ Ocrv B .£12 2 2.... 1 2 e: . Chambers, President City of Hialeah Deferred Compensation Plan 5 r 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, Florida Statues, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. IN WITNESS WHEREOF, the Owner has signed duplicates hereof, and BURGESS CHAMBERS AND ASSOCIATES, INC has caused its corporate name to be signed to said duplicates by its proper officers thereunto duly authorized on the day and in the year first above written. ATIEST: ~ 'Ta~~----- Acting City Clerk BURGESS CHAMBERS AND .ASSOCIATES, INC. Burgess B. Chambers , President City of Hialeah Deferred Compensation Plan fY~ (;/(} '-''ty of Hialeah 5 I· <JrS :~:~R .. , ... D i i ·' j ,1 .~ ~·~~ ~,;~~-.~.dpj~u"4".,.1~"~~bta~11 ' j BJ:'~~ ···_!~ .. -· .. -· tiftfi'.i11ii'llf"""'-"' ~·"'''1Rl11>'iM j.,il.'f,Tf, o.w-nui~ ~~.. ~v . ,,-/ . -. . ·--r S:y,: /.. ,,..,,, .. ~ , . . . ..~.1 / '-~1o;fui"li~·~-r-, i . I 10/12/22, 4 :03 PM D etail by Entity Name Der:iartm ent o f State I Division o f CorRorations I Sea rch Records I Sea rc h by En tity Name I Detail by Entity Name Florida Profit Corporation BURGESS CHAMBERS AND ASSOCIATES , INC . Filing Information Document Number FEl/EIN Number Date Filed Effective Date State Status Princii:ial Address 315 E Robinson Street STE 690 Orlando , FL 32801 Cha ng ed : 02/13/201 3 Mailing Address 315 E. Robi ns o n St Suite 690 Orl a nd o , FL 32 801 Cha nged : 02/13/20 13 K19654 59-2 87861 9 03/28/1988 03/2 4/1988 FL ACTIVE Registered Agent Name & Address CHAMBERS , BURG ESS 3 15 E Robin son St SUI TE 690 Orl ando , FL 328 01 Nam e Changed : 0 3/15/1 993 Address Change d : 02/1 3/20 13 Office r/Director Deta il Na me & Address Titl e Pres ident C HAM BERS , BURGE SS DIV I S I O N OF CO RPORATI ON S h ttp s ://sea rc h . su nb iz. org/I nqu iry/Corpor a tio n S ea rc h/Sea rc h Res ultDe ta ii? i nqui rytype= E n tity N ame&direct ion Typ e = In it ia l&sea r chNa m eOrd e r=B U RGE S . . 1 /3 10/12/22, 4 :03 PM Detail by Entity Name 02/07/2012 --ANNUAL REPORT V iew image in PDF fo rmat 03/02/2011 --ANNUAL REPORT View image in PDF form at 01 /26/2010 --ANNUAL REPORT View image in PDF forma t r 02/0512009 --ANNUAL REPORT ·-·-------1 View image in PDF format 01 /14/2008 --ANNUAL RE PORT V iew image in PDF format -------------~ 01 /29 /2 007 --ANNUAL REPOR T View image in PDF format 02/27/2006 --ANNUAL REPORT V iew image in PDF format 04/14/2005 --ANNUAL REPORT Vi ew image in PDF format 02/06/2004 --ANNUAL REPORT V iew image in PD F format 02/0512003 --ANNUAL REPORT V iew image in PDF format 08/21 /2002 --ANNUAL REP O RT V iew image in PDF format 06/07/2001 --ANNUAL REPORT View image in PDF format 0312812000 --ANNUA L REPORT V iew image in PDF format 0511711999 --ANNUAL REPORT View image in PDF fo rmat 04/14/1998 --ANNUAL REPORT V iew image in PD F format 04101 /1997 --ANNUAL REPORT V iew image in PDF forma t 04/24 /1996 --ANNUAL REP ORT View image in PDF format 0212711995 --ANNUAL REPORT V ie w image in PDF fo rmat https:/l sea rc h .s unbiz.org/l nqui ry/Corporati o nSea rc h/Search Resultoetai l?inquirytype =E ntityNa m e &dir ecti o nTy pe=l nitial&sear c hNa m eOrder=B U RGES .. 313 001 General Fund Account IPercent 001.4210.513310 0 % ' \ PROFESSIONAL SERVICES Total for (2) Operating Expenses Total expenses 4210 (Fund 001) RE Total !Expenses for Fund 001 95,000.00 95,000.00 95,000.00 95,000.00 95,000.00 95,000.00 95,000.00 95,000.00 Fiscal Year: 2023 Ex ended 0.00 Fund Totals 001 General Fund $95,000.00 $0.00 Revenue/Expenses Balance: $0.00 00 I General Fund Tri a l Ba lan ce -Expenses Trial Balance - Encumbered Balance Last Date 0.00 95 ,000.00 10/1 /2022 0.00 95,000.00 0.00 95,000.00 0.00 95,000.00 E~enses $0.00 $95,000.00 Pr int ed: I 0/3 l/2022 Page: 2