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BURGESS CHAMBERS & ASSOCIATES, INC. - INVESTMENT ADVISORS - RETIREMENT PLANA 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: RETAIN PROFESSIONAL SERVICES FOR INVESTMENT ADVISORS TO THE ELECTED OFFICIAL RETIREMENT PLAN. DESCRIPTION: INVESTMENT ADVISORS TO THE ELECTED OFFICIAL RETIREMENT PLAN. CONTRACT PERIOD: 1/01/2023 – 12/31/2027 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: 1/10/2023, ITEM I AMENDED AMOUNT: RESOLUTION NO: INSURANCE REQUIREMENTS: ANNUAL CONTRACT AMOUNT: $37,800.00 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 ITEM# I ll\N 1 0 2023 COUNCIL AGENDA ITEM REQUEST FORM This form, letter from the department head addressed to the Mayor and City Council, as well as supporting documents are due the Monday of the week prior to the City Council Meeting . Date of Request: Requesting City Department: Requested Council Meeting Date: Action Requested from the City Council : Scope of service(s) or product(s): V endor: 1/4/2023 Retirement / 1/10/2023 tf Issue a purchase order D Increase a purchase order D Award a bid D Bid No . D Reject a bid D Bid No. D Special Events Permit D Street Closure D Other: The Retire ment Office i s respectfully requesting approv al to retain the professio nal se rvices of Burgess Ch ambe rs & Assoc i ates, In c. as Inves tm e nt Advi so r to The Elected Officia l Retire m e nt Oversig ht Committee. The firm is th e curre nt investment advi sor for the City of Hial ea h's Elected Official Retirement Plan . The fee is ba sed on quarterly statem ents and r eports. Burgess Ch ambers & Associates Expenditure Amount : Funding Source (i .e., account funding the expenditure): Purchasing Process : $37,800.00 602 .8500.513311 -Profess ional Services 0 Competitive Bidding ~An exception to competitive bidding applies: /Professional services in the nature consultants, accountants and attorneys 0 Sol e source provid e r 0 Emergency based on object ive facts 0 Credit facilities of 0 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. 0 Titl e of st ate, county or ot he r gove rnm e ntal age nci es contrac t : 0 Piggy-b ack contract expirat i on date : ~~~~~~~~~~~~~~~ 0 Waive Competitive Bidding O Re aso n(s) it is not ad v anta geo u s to t h e City t o utilize competitive bidd i ng: r Signatures: I . . o\J et1rement Director Elsa Jara~ces o'.~~!,~ ~ 3 Rutli Rubi, Executive Director of Finance Ma agement Esteban Bova, Jr ., Mayor r AGREEMENT FOR INVESTMENT PERFORMANCE MONITORING AND ADVISORY SERVICES Effective ~~ , 2008, this agreement entered into this _l_ day of 1<.Jo~ between BURGESS CHAMBERS AND ASSOCIATES, INC., (hereinafter calkd "Monitor"), and the OVERSIGHT COMMITTEE OF CITY OF HIALEAH ELECTED OFFICIALS RETIREMENT ACCOUNT, (hereinafter called "Client"). WITNESS ETH: WHEREAS, Monitor is in the business of providing investment performance monitoring and advisory services; and WHEREAS, Client desires Monitor to provide investment performance 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 Client as shown below: 1. Investment Policy and Guideline development and Review 2 Asset Allocation Consulting. 3 . Investment Manager 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 the plan documents and investment policy on a quarterly basis. 6. Monitor and report on execution of trades and transaction costs on a quarterly basis B. RESPONSIBILITIES OF CLIENT Client 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. Client, through its authorized representative, also agrees to communicate the Plan's needs and goals to Monitor and to keep Monitor informed of changes in Client's situation, needs and goals. Monitor shall not be required to verify any information obtained from Client, Client'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 Client to disclose, provide copies of, and communicate information obtained from Client or developed by Monitor to Client's money manager and Client's attorney. D. BASIS OF ADVICE Client acknowledges that Monitor obtains information from a wide variety of publicly available sources and certain private sources. The advice provided by Monitor to Client is based upon its analysis of such information. E. REPRESENTATIONS OF MONITOR Monitor hereby represents that: 1. Monitor is not the client'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 defin ed by the Employee Retirement Income Security Act of 197 4. 2 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 Client 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, Client shall pay to the Monitor an annual fee based on the following percentages of the Fund's assets (at market): 0.25% 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 Trustee in advance of the service being rendered and shall be paid upon completion of the services. H. TERMINATION Client 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. Client shall give Monitor written notice of termination. After the in itial five (5) day period, Client 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 J. S.E.C. Client acknowledges that it has received the Monitor's most recent ADV, Part II. Monitor shall provide a copy of the required disclosure on an annual basis . MISCELLANEOUS 1. This Agreement shall be applicable only to the services individually prepared for Client. 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 Client 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 affi liate 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 services 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 4 property to a 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, 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 Client 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. WITNESS: By: ATTEST: o~ By: j\. ~ ___,.7R_a-fa-e~I....._. __,_r..,_n_a_d_o_ City Clerk BURGESS CHAMBERS AND ::~_so---~~-1-N_c_. ~~~-·~ i~ Chambers, President OVERSIGHT COMMITTEE City of Hialeah Elected Officials Retirement Account By:~~ Alel\reQa .. City of Hialeah Treasurer and designee of Oversight Committee Approved as to form and legal sufficiency: • 5 CITY OF HIALEAH ELECTED OFFICIAL'S RETIREMENT ACCOUNT CONSULTING SERVICES AGREEMENT Addendum This document serves as an addendum to the Consulting Services Agreement, dated February 1, 2008 between Burgess Chambers and Associates, Inc. ("Monitor "), an d the Oversight Committee of City of Hialeah Elected Official's Retirement Account ("Client"). Client agrees to pay Monitor an annual fee based on the following percentages of the fund's assets (at market): 0.20% fee of the Fund's total asset value, w ith a minimum annual fee of $20,000, paid in arrears and effective January 1, 2023. The term of the Agreement is for five years, with the option to renew by the Committee for five years at the end of each term. IN WITNESS WHEREOF, the Client and Monitor agree to this addendum on the date written below. BURGESS CHAMBERS AND ASSOCIATES, INC. ATTEST: By~ \( I ~\JoJ-d-, ' THE OVERSIGHT COMMITTEE OF CITY OF HIALEAH ELECTED ELECTED OFFICIAL'S RETIREMENT ACCOUNT ATTEST: By: Ok ~ 11-7-µJ-.L As Trustee Horta, Stacy { From: Sent: To: Cc: Subject: Follow Up Flag: Flag Status: Karla Engard < KEngard@BurgessChambers.com > Monday, October 3, 2022 11 :39 AM Horta, Stacy Aedo, Grisel!; Frank Wan; Karla Engard Projected fees Follow up Flagged WARNING: This email originated outside of the City of Hialeah. Do not click on any links or attachments unless you recognize the sender and know the content is safe. Stacy, Sorry it took me so long to Here are the es timates fo fluctuate. . Of course these are M arket Valu e estimates and could 4th Qtr 2022-$ 8600.00 9500.00 pt 2023 ·-----------· 9700.00 2nd qtr 2023 10,000 3td qtr DC plan s: 14, 700 4th qtr 2022 15,400 pt qtr 2023 15,800 2nd qtr 2023 16, 300 3td qtr 2023. Please let m e know if you nee d anything e lse . Karla From: Frank W a n <FWan@BurgessChambers .com > Sent: W e dnes d ay, Septembe r 14, 2022 2:11 PM To: Karla Engard <KEngard@BurgessChambers.com > Subject: Fwd: FY 2022 Hi Karla. Can you pl ease take a look and give he r an esti m ate? Se nt from my iPhon e Begin forwarded message : 1 Horta, Stacy (From: Sent: To: Cc : Subject: Follow Up Flag: Flag Status: Good morning Stacy, Suarez, Luis A. Wednesday, January 4, 202 3 8:28 AM Jaramillo-Velez, El sa; Bravo, Lorena Retirement Staff; Monreal, lsmare (COH ); Jove, David RE: Signature on Ret i rement Contracts Follow up Co mpleted Can you please resend the letter with the updated dates and letterhead. Thanks Luis A. Suarez Purchas in g M anage r Purch as in g Di v ision City of Hi alea h 501 Pa l m Ave nu e, Hi aleah, FL 33010 305.883 .5988 From: Jaramillo-Velez, Elsa <ejv13196@hialeahfl.gov> Sent: Tuesday, Janu a ry 3, 2023 4 :28 PM To: Br avo, Lorena <LBravo@h ia le ahfl .gov> Cc: Retire m e nt St aff <Retire m e ntStaff@hi a lea hfl.gov>; Monrea l, l sm a r e (COH) <imon rea l @h ia lea hfl .gov>; Su arez, Lui s A. <LASu a r ez@ hi alea hfl .g ov>; Jo v e, David <DJov e@ hi alea hfl.gov> Subject: RE: Signature on Retirem e nt Contracts Ok tha nk-w e will h ave the Ch air sig n for this p a rticu lar Committee as th e othe r s are diffe re nt @ Lu is /Stacy -let's procee d to h av e the ite m at t h e next Coun ci l m eeting. Sincerely, Elsa J aramillo-Velez, Esq. H uman Resources D irect or 3 05-883 -8050 City of Hialeah Department of Human Reso urces 50 1 Palm Avenue H ialeah, FL 330 10 E JV 13 196 @.Hialeahfl.gov From : Br avo, Lore na <LBr av o@hia lea hfl.gov > Sent: Tues d ay, Janu a ry 3, 2023 3 :5 1 PM To : Ja r a mil lo -V e lez, El sa <e jv 13196@ hi alea h fl .g ov> Cc : Re tire m e nt Staff <RetirementStaff@ hi alea hfl.gov >; Monrea l, l sm a r e (C OH) <im onrea l @h ia l ea hfl.gov>; Su ar ez, Lui s A. <LASuarez@hialeahfl.gov>; Jove, David <DJove@hia le ahfl .gov> Subject: RE: Signature on Retirement Contracts ( The Chair sings. From: Jaramillo-Velez, Elsa <e jv13196@hialeahfl.gov> Sent: Tuesday, January 3, 2023 3 :07 PM To: Bravo, Lorena <LBravo@hialeahfl .gov> Cc: Retirement Staff <RetirementStaff@hialeahfl.gov>; Monreal, lsmare (COH) <imonrea l@ hialeahfl.gov>; Suarez, Luis A. <LASuarez@hialeahfl.gov>; Jove, David <DJove@hialeahfl.gov> Subject: RE : Signature on Retirement Contracts So the Mayor and the Chair to sign? Sincerely, E ls a Jaramillo-Velez, Esq. Human Resources Director 305-883-8050 City of Hialeah Department of Human Resources 501 Palm Avenue H ialeah, FL 33010 E JVl 3 196@.Hialeahfl.gov From: Bravo, Lore na <LBravo@hialeahfl.gov> Sent: Tuesday, January 3, 2023 2:54 PM To: Ja r a millo-Vele z, El sa <ej v 13196@ hi alea hfl .go v> Cc: Retirement Staff <Retire m e ntSt aff@ hi a lea hfl.go v >; Monrea l, l sm ar e (COH) <im o n rea l @ hi a lea hfl.go v>; Suarez, Lui s A. <LASu arez@ hi alea hfl .gov>; Jove, David <DJove@hialeahfl .g ov> Subject: RE : Signature on Retirement Contracts Section 2 in Res olution 2019-151 provides the authority of the committee. In esse nc e, they hav e bee n delegate d the authority to ad minister the pl an exce pt for d ec isions involving ex p e nditures . After the committee h as voted on a non - exp e nditure item, if a signature is required, on ce law has approve d, the chai r ca n sign. If a ny d ec i sion involves an ex penditure, th e committee makes an affirmative reco mme nd ation to co un ci l/may or; once ap proved (d e pen ding on threshold), the chair can sign. The committee should adopt necessary policies to guide thei r de cision ma king (i.e . travel reimburse m e nt policy, investment/portfolio manage me nt policy, etc.). From: Ja r amillo-Ve lez, Elsa <e jv13196@hi alea hfl.gov> Sent: Tuesda y, January 3, 2023 11:17 AM To: Br av o, Loren a <LBr av o@hia l ea hfl .go v > Cc: Retirem e nt Staff <Reti rementStaff@ hi alea hfl.gov>; Monreal, lsm are (COH) <im onrea l @hi a leahfl.gov >; Suarez, Lui s A . <LASua re z@hia leahfl .go v > Subject: RE : Signature on Retirement Contracts Lore na, I am following up on this matte r as w e w ant to have the pending item in next w eek's City Co un cil agenda. Sincerely , 2 Elsa Jaramillo-Velez, Esq. Human Resources Director r 305-883-8050 City of Hialeah Department of Human Resources 501 Palm Avenue Hialeah, FL 33010 E JV 13 l 96 (@Hialeahfl.go v From: Jaramillo-Velez, Elsa Sent: Friday, December 16, 2022 9:46 AM To: Bravo, Lorena <LBravo@hialeahfl.gov> Cc: Retirement Staff <RetirementStaff@hialeahfl.gov> Subject: Signature on Retirement Contracts Hello Lorena , Please let us know when you think we will have the legal opinion on the Retirement/Oversight Committee contract executions ... We have a pending PO that we would like to take to Council in January but want to make sure the correct person is the one to sign. Thanks! Sincerely, Elsa Jaramillo-Velez, Esq. Human Resources Director 305-883-8050 City of Hialeah Department of Human Resources 501 Palm Ave nue Hialeah, FL 3 3 0 l 0 EJV l 3 l 96 @,Hia leahfl.gov 3 10/12/22, 4 :03 PM Detail by Entity Name r De12artment of State I Division of Cor12orations I Search Records I Search by Entity Name I Detail by Entity Name Florida Profit Corporation BURGESS CHAMBERS AND ASSOCIATES , IN C. 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 C hanged : 02/13/2013 Mailing Address 315 E. Robinson St Suite 690 Orlando , FL 328 01 C hanged: 02/13/201 3 K19654 59 -28786 19 03/28/1988 03 /2 4/1988 FL ACTIVE Registered Agent Name & Address CHAMBERS , BURGESS 315 E Robinson St SUITE 690 O rl ando, FL 32801 Name Changed : 03/15/1993 Address Changed : 02/13/2013 Officer/Director Detail Name & Address Title Pres id e nt CHAMBERS, B URGESS DIVISION OF CORPORATION S https ://search .s un biz. org/lnquiry/CorporationSearch/SearchResultDeta il?inquirytype =E ntityNa me &direction Type=! nitial&searc hNa meO rd er=B U RGES . . . 1 /3 10/12/22, 4 :03 PM r 02107/2012 -ANNUAL REPORT View image in PDF format 01 /26/2010 -ANNUAL REPORT View image in PDF forma t 02105/2009 --ANNUAL REPORT View image in PDF forma t 01 /14/2008 --ANNUAL REPORT ---v\e~;;in"POFf~;;;;\----! 01/29/2007 -ANNUAL REPORT ------vie~j~;;poffo;:-~-;\-. ·-·-1 02/27/2006 -ANNUAL REPORT --·-v;;;-~-;;g-;;l~PD.Ff~~~~t ···-·1 --····-······-·-----····-···--····-·····-····--·····-····-···-··i 04/14/2005 -ANNUAL REPORT V iew image in PDF format ! 02/06/2004 --ANNUAL REPORT V iew image in PDF format 0 2/05/2003 -ANNUAL REPORT V iew image in PDF for ma t l 08/21 /2002 -ANNUAL REPORT V iew im age in PDF format 06/07/2001 -ANNUAL REPORT View image in PDF format 03/28/2000 --ANNUAL REPORT V iew image in PDF fonmat 05/1 7/1999 -ANNUAL REPORT ------\ij;~j;;-g-;;inPDFfo;~\-1 04/14/1998 -ANNUAL REPORT ~--V;;~;;p[if~-t --1 -·--···--····-··-·--··-·---··-··----·--··-·-·-·1 04/01 /1997 -ANNUAL REPORT V iew im age in PDF form at i 04/2 4/1996 --ANNUAL REPORT -· .. --~;j~-~~~-i~·-P-DF-j~;~~t·----1 -·---··---·-·····-----------·-··-·-1 02/27/1995 --ANNUAL REPORT View image in PDF format j Detail by Entity Name https ://search .su nbiz.o rg/lnq uiry/CorporationSearc h/Searc h ResultDeta il ?inquirytype=EntityNa me &d irection Type= I nitial &searc hNameOrder=B U RGES . . 3/3 602 Elected Officials Retirement Fund Account Percent 602.8500 .5 133 1 1 O % PROFESSIONAL SERVICES -OTHERS Tota l fo r (2) Operatin g Ex p e nses Tota l expenses 8500 (Fund 602) GG-General Government Total Expenses for Fund 602 Appropriated 0.00 0.00 Fiscal Year: 2023 Expended 0.00 F und Tota ls 602 E lected Offi c ia ls Re tire m e nt Fund $0.00 $0.00 Rev enu e/E xpen ses Bal a nc e : $0.00 602 E lected Officia ls Re tire m e nt F und T ri a l Balance -Expenses Tria l Ba lan ce - Encumbered Balance Last Date 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Exp en ses $0.00 $0.00 Pri nt ed: 1/5/2023 Page : 2