Public_Safety_Pension_Board_Independent_Custodian.pdf

RFP26-7

PUBLIC SAFETY PENSION BOARD INDEPENDENT

CUSTODIAN

DEADLINE FOR QUESTIONS: undefined

RESPONSE DEADLINE: January 2, 2026, 2:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://secure.procurenow.com/portal/%7Bproject.government.code%7D/projects/%7B project.id%7D

Sealed proposals must be received and time stamped on or before the date and time referenced above electronically via City’s e-Procurement Portal. Any responses received after 2:00 pm on said date will not be accepted under any circumstances. Under no circumstances shall the City be responsible for untimely submissions, late deliveries, or delayed response.

City of Winter Park

REQUEST FOR PROPOSAL

Public Safety Pension Board Independent Custodian

I. Introduction II. Proposal Preparation & Submittal

III. Scope of Services IV. Evaluation Criteria V. Standard Terms & Conditions

VI. Vendor Requirements & Acknowledgement

1. 1. ..................................................................... Introduction

1.1. 1.1. ............................................................................................... Summary

Electronic submissions must be submitted and time stamped by the City of Winter Park's Procurement portal on or before 2:00 pm Friday, January 2, 2026. Any responses received after said time and date will not be accepted under any circumstances. Official time will be measured by the time stamp from the Procurement portal, which shall be scrupulously observed. Under no circumstances shall the

City of Winter Park be responsible for untimely submissions, late deliveries, or delayed responses.

The City of Winter Park, on behalf of the Police Officers’ and Firefighters’ Retirement Boards, is soliciting proposals from qualified financial institutions to provide custodial banking services for the management and safekeeping of pension plan assets.

The selected Custodian will serve as a Qualified Public Depository (QPD) in accordance with

Chapter 280, Florida Statutes, and will be responsible for all custody, settlement, and reporting functions related to the Boards’ investment portfolios.

Services include safekeeping of assets, trade settlement, income collection, disbursement of benefits, record maintenance, and preparation of monthly and annual reports. The Boards seek a financially stable, FDIC- or NCUA-insured institution capable of delivering secure, accurate, and cost-effective custodial services.

1.2. 1.2. ............................................................................... Contact Information

Jennifer Maier

Procurement Manager

Email: jmaier@cityofwinterpark.org

Phone: (407) 599-3267

Department:

Police

1.3. 1.3. ................................................................................................ Timeline

All times, dates, and actions are subject to change. In accordance with F.S. 286.0113, portions of the meetings may be exempt from public meetings requirements. All interested parties are welcome to attend the non-exempt portions of the public meetings.

Release Date December 4, 2025

Proposal Submission Deadline January 2, 2026, 2:00pm

2. 2. .................................... Proposal Preparation & Submittal

2.1. 2.1. ................................................................................. Obtain Documents

Documents can be downloaded by visiting the City of Winter Park's Public Procurement portal. If you experience any problems downloading the document, please contact the OpenGov system support via the Tech Support chat on the website, email procurement-support@opengov.com, or by phone at

(650) 336-7167.

Respondents are strongly encouraged to read the various vendor Guides and Tutorials available in

OpenGov well in advance of their intention of submitting a response to ensure familiarity with the use of OpenGov. The City will not be responsible for a Respondent's inability to submit a response by the end date and time for any reason, including issues arising from the use of OpenGov.

2.2. 2.2. ........................................................................ Electronic Proposals Due

Electronic responses must be submitted via City's Procurement portal by 2:00 pm Friday, January 2, 2026. It is the Respondent’s responsibility to ensure that your proposal is submitted to the City's eProcurement portal at the proper time. Proposals that are not submitted for any reason will not be considered. All proposals received after 2:00 pm Friday, January 2, 2026 will not be accepted. Under no circumstances will City of Winter Park be responsible for late proposals or submissions.

All proposals will be electronically opened and acknowledged immediately following the proposal's due date and time.

2.3. 2.3. ....................................................... City is Not an Administrative Agency

To the fullest extent allowed by law, the City of Winter Park is not an administrative agency subject to the formal solicitation procedures specified in Section 120.57(3), Florida Statutes, as it may be amended.

2.4. 2.4. ......................................................................... Preparation of Proposals

Proposals shall be submitted electronically via the City's Procurement Portal by the Respondent.

Specify whether the Respondent is a corporation, limited partnership, limited liability company, or other entity other than an individual. A Respondent may be requested to present evidence of its experience and qualifications and the entity’s financial ability to carry out the terms of any resulting contract.

If your response contains any information deemed confidential, provide an additional redacted version of your response labeled “Redacted”. An electronic copy (Adobe) shall be submitted within the

Vendor Requirements & Acknowledgement section.

2.5. 2.5. ................................................................................. Proposal Submittal

Proposals shall be submitted directly to the City's Procurement Portal. Submit proposals in accordance with the instructions listed herein regarding the time, place, and date required. Responses received after the time requirement will not be opened and will not be considered for award. It is the

Respondent’s sole responsibility to be sure its response is submitted directly to the City's Procurement

Portal by 2:00 pm Friday, January 2, 2026. The Board will not be responsible for any proposal submitted incorrectly or to the wrong location.

All proposals must be prepared and submitted in accordance with the instructions provided in this

Request for Proposal (RFP). Each proposal received will be reviewed to determine if it is responsive to the submission requirements outlined in the RFP. A responsive proposal is one that follows the requirements of the RFP, includes all documentation and supporting exhibits, is of timely submission, and has the appropriate signatures and acknowledgments as required on each document. Failure to comply with these requirements may deem your proposal non-responsive. The Board reserves the right to disqualify a proposal that is not submitted in the format delineated in Vendor

Requirements & Acknowledgement.

Pursuant to Section 287.05701, Florida Statutes, the City may not request documentation of or consider a vendor’s social, political, or ideological interests when determining if the vendor is a responsible vendor or give preference to a vendor based on the vendor’s social, political, or ideological interests.

2.6. 2.6. ..................................................................................... Responsiveness

The Board will determine whether the Respondent complies with the instructions for submitting proposals, including completeness of the proposal, which encompasses the inclusion of all required attachments and submissions. Late proposals will not be accepted. Failure to meet other requirements may result in rejection.

2.7. 2.7. ......................................................................................... Responsibility

The Board will determine whether the Respondent is one with whom it can or should do business.

Factors that the Board may evaluate to determine “responsibility” include, but are not limited to:

excessively high or low-priced proposals, past performance, references (including those found outside the proposal), compliance with applicable laws, Respondent's record of performance and integrity – e.g. has the Respondent been delinquent or unfaithful to any contract with the Board, whether the Respondent is qualified legally to contract with the Board, financial stability and the perceived ability to perform completely as specified. A Respondent must always have sufficient financial resources, in the opinion of the Board, to ensure the performance of the contract and must provide proof upon request. The Board reserves the right to inspect and review

Respondent's facilities, equipment, and personnel and those of any identified subcontractors. The

Board will determine whether any failure to supply information or the quality of the information will result in rejection.

3. 3. ............................................................. Scope of Services

The terms “Consultant” and “Respondent” shall be interpreted to have the same meaning for purposes of these specifications, terms, and conditions.

3.1. 3.1. .............................................................. Use of Independent Custodians

The Board shall be authorized to use the services of any duly qualified custodian in lieu of the City

Finance Department for the performance of banking functions of the Board. The custodian shall be duly licensed, insured, and bonded and shall meet all of the depository requirements of Chapter 280, Florida Statutes.

3.2. 3.2. ................................................................................... Scope of Services

The selected Custodian shall be responsible for providing comprehensive custodial and banking services for the pension plan assets, including but not limited to the following:

A. The Custodian shall maintain custody and accurate accounting of all assets held as Custodial

Property.

B. The Custodian shall collect all income produced by the Custodial Property and retain such income as part of the Custodial Property.

C. The Custodian shall collect and retain proceeds from securities sold, matured, prepaid, or redeemed. Any securities or property received through exchange, contribution, purchase, or other means shall also be held as part of the Custodial Property.

D. The Custodian shall provide the Boards with detailed monthly reports of all account transactions and current holdings. These reports shall serve as sufficient notification of account activity and satisfy all regulatory reporting requirements.

E. The Custodian shall provide securities transaction advice and a monthly asset listing with current market valuations.

F. The Custodian shall furnish an annual summary of income, disbursements, capital gains, and losses.

G. The Custodian shall provide monthly cash statements as of the last business day of each month.

H. The Custodian shall prepare and file all required tax reports, filings, and Notices of Claims as applicable.

I. The Custodian shall issue and disburse checks or electronic payments as directed by the

Boards.

4. 4. ............................................................ Evaluation Criteria

A. Scoring Definitions o 1 = Poor: Lacking or inadequate in most basic requirements, specifications, or provisions for the specific criteria.

o 2 = Below Average: Meets many of the basic requirements, specifications, or provision of the scope but is lacking in some essential aspects for the specific criteria.

o 3 = Average: Adequately meets the minimum requirements, specifications, or provisions of the specific scope and is generally capable of meeting the City’s needs.

o 4 = Above Average: More than adequately meets the minimum requirements, specifications, or provision of the specific scope and exceeds those requirements in some aspects for the specific scope.

o 5 = Excellent: Exceeds minimum requirements, specifications, and provisions in most aspects for the specific criteria.

In evaluating the Proposals, the City shall have the discretionary power to render decisions on:

A. the honesty, reputation, and integrity of a Respondent necessary to a faithful performance of the Contract;

B. a Respondent’s skill and business judgment;

C. Respondent’s facilities, labor force, and equipment for carrying out the Contract properly and expeditiously;

D. Respondent’s previous conduct under other contracts with the City and contracts with any other parties that the Respondent has provided work or services;

E. the quality of Respondent’s previous work for the City and any other parties that the

Respondent has provided work or services;

F. Respondent’s pecuniary ability and financial stability;

G. the Respondent’s previous and existing compliance with laws, ordinances, and regulations;

H. Respondent’s maintenance of a permanent place of business;

I. Respondent’s appropriate successful contractual and technical experience in similar work;

J. The proportional amount of the work Respondent intends to perform with its own organization as compared with the portion it intends to subcontract;

K. the qualifications of subcontractors whom each Respondent proposes to use;

L. the proximity of Respondent’s labor force, equipment, and business operation in relation to the City;

M. Respondent’s ability to meet and/or maintain scheduling requirements;

N. Respondent’s quoted prices for services, and

O. Respondent’s responsiveness to this Request for Proposals.

The above factors may be determined by Respondent’s past performance of services/work for supplied references and other parties Respondent has performed services/work, information submitted as part of the proposal or in response to an inquiry by the City, and information otherwise known or discovered by the City, or any combination thereof. The City may conduct detailed examinations of Respondents, including of Respondent’s personnel, place of business and facilities, compliance with federal, state, and local laws and all relevant licensing and permitting requirements, and other matters of responsibility germane to the procurement process. The failure of a Respondent to supply information in connection with an inquiry in a timely manner, at the City's discretion, may be grounds for rejecting such Respondent and its proposal.

PROSPECTIVE RESPONDENTS ARE PROHIBITED FROM CONTACTING ANY MEMBER

OF THE SELECTION COMMITTEE, EMPLOYEE, OR PUBLIC OFFICIAL (EXCEPT THE

FACILITATOR) AT ANY TIME DURING THE FORMAL SOLICITATION PROCESS UP TO

THE TIME OF CONTRACT AWARD. ANY ATTEMPTED CONTACT MAY BE GROUNDS FOR

DISQUALIFICATION.

4.1. Evaluation Criteria

No. Evaluation Criteria Scoring Method Weight (Points)

1. Experience

Respondents are evaluated based on their experience on similar projects for government and corporate clients.

0-5 Points 15 (27.3% of Total)

2. Qualifications

Respondents are evaluated based on the qualifications and relevant experience of experience to be assigned to this engagement.

0-5 Points 15 (27.3% of Total)

3. Aggregate Service Cost

Respondents are evaluated based on the proposed aggregate service charged for this engagement.

0-5 Points 25 (45.5% of Total)

4.2. Phase 2

No. Evaluation Criteria Scoring Method Weight (Points)

1. Quality of Engagement

Respondents will be evaluated based on their ability to engage and respond effectively to the committee's questions and comments.

0-5 Points 30 (30% of Total)

2. Company Experience

Respondents will be evaluated based on their experience with similar services, the quality of those services, the schedule, challenges encountered, and the strategies implemented to address them.

0-5 Points 35 (35% of Total)

3. Workload Management

Respondents will be evaluated based on their firm's projected workload.

0-5 Points 35 (35% of Total)

5. 5. ........................................... Standard Terms & Conditions

5.1. 5.1. ...................................... Minor Informalities or Irregularities in Response

A minor informality or irregularity is one that is merely a matter of form and not of substance. It also pertains to some immaterial defect in a response or variation of a response from the exact requirements of the invitation that can be corrected or waived without being prejudicial to other respondents. The defect or variation is immaterial when the effect on price, quantity, or delivery is negligible when contrasted with the total cost or scope of the acquired supplies or services.

The Board shall either give the respondent an opportunity to cure any deficiency resulting from a minor informality or irregularity in a bid or waive the deficiency, whichever is to the advantage of the Board.

5.2. 5.2. ....................................................................................... Proposal Costs

All costs associated with preparing or submitting a response to this solicitation, including proposal preparation, presentations, and any related expenses, are solely the responsibility of the

Respondent. The Board assumes no responsibility for any costs incurred.

5.3. 5.3. ....................................................................................... Board Decision

The Board reserves the right to make an award consistent with the maximum discretion afforded to the Board under Florida law. The Board shall have the right to select who, in the opinion of the Board, will be in the best interest of and/or the most advantageous to the Board. The Board also reserves the right to reject any Respondent who has previously failed in the proper performance of a contract or to deliver on time contracts of a similar nature or who, in the Board’s opinion, is not in a position to perform properly under this award. Additionally, the Board reserves the right to reject all

Respondents and to resolicit or not, in its sole discretion.

A decision to terminate the solicitation process may be made at any time before the Board enters into a contract with a Respondent. A recommendation of contract award does not constitute a contract.

The award of a contract to a Respondent is subject to Board approval and the execution of an

Agreement with terms acceptable to the Board.

5.4. 5.4. ......................................................................... Post Award Termination

Unless otherwise prohibited by law, in the event the Respondent who is awarded a contract by the

Board through this RFP is terminated early or suspended from further work or services by the Board for a default in the performance under the contract, or in the event the Board rescinds a contract award to the selected Respondent before execution of a contract, the Board may, without commencing a new competitive procurement process and without waiving any rights or remedies against the defaulting Respondent (if applicable), contract with the next responsive and responsible Respondent that is willing and able to complete the work or services if such is determined by the Board to be in the Board’s best interest. In awarding a contract to the next responsive and responsible Respondent that is willing and able to complete the work or services, the Board may accept such Respondent’s original proposal pricing or negotiate a price more consistent with the original pricing submitted by the defaulting Respondent or the Respondent whose contract award was rescinded.

6. 6. ..................... Vendor Requirements & Acknowledgement

6.1. 1. .................... Redacted Bid containing any information deemed confidential?

If your response contains any information deemed confidential, provide an additional redacted version of your response labeled “Redacted”. An electronic copy shall be in Microsoft Word or

Adobe – the most recent software version.

6.2. 2. ................................................................................. Authorized Signatory

6.2.1. 2.1. Name and Title of the Authorized Signatory* *Response required

6.2.2. 2.2. By clicking confirm, the authorized signatory is confirming that they are authorized to bind the entity to the contract.*

☐ Please confirm

*Response required

6.3. 3. .................................................................................... Proposal Response Unless a question requires a file to be uploaded, proposals will not be accepted via

PDF, Word doc, etc. Respondents shall not state "see attachment" or similar as their response to the questions.

The Board reserves the right to disqualify a proposal that is not submitted in the format delineated below.

There is no limit on the number of characters in each response.

6.3.1. 3.1. Description of Project* Provide a brief history of the bank with emphasis on the growth and development of its custodial services. The description must be a brief, formal description from the Respondent that provides information regarding their familiarity and interest in Public Safety Pension Board Independent

Custodian.

*Provide all relevant names, titles, addresses, telephone numbers, and e-mail addresses.

*Response required

6.3.2. 3.2. Business Plan* Define the Respondent's business plan for providingPublic Safety Pension Board Independent

Custodian, including spending on staff, systems development, and hardware.

*Response required

6.3.3. 3.3. Staff Turnover*

Provide the number of relationship managers and turnover information for the bank's custodial employees.

*Response required

6.3.4. 3.4. Customer Assignment* On average, how many account relationships are assigned to each primary customer contact officer?

*Response required

6.3.5. 3.5. Additional Duties* Describe what other duties and responsibilities are routinely assigned to the bank's customer contact officers.

*Response required

6.3.6. 3.6. Support Structure* How are the primary contact officers supported? Does the support staff report directly to the primary contact officers?

*Response required

6.3.7. 3.7. Conversion Responsibility* Who is responsible for the conversion of new accounts?

*Response required

6.3.8. 3.8. Conversion Time Line* How long will conversion take?

*Response required

6.3.9. 3.9. Bonding & Liability Insurance* Describe all bonding and liability insurance covered for trust accounts. List any deductibles involved.

*Response required

6.3.10. 3.10. Reporting* Will the bank accept the Trustees' instructions regarding the reporting of in-line-of-duty disability retirement benefits as "tax status unknown or undetermined"?

*Response required

6.4. 4. ......................................................................................Financial Systems There is no limit on the number of characters in each response.

6.4.1. 4.1. Hardware* Describe the bank's current custodial hardware systems.

6.4.2. 4.2. Back-up & Recovery* Define in detail the bank's back-up and recovery systems for custodial accounting.

*Response required

6.4.3. 4.3. Software Applications* What software applications does the bank use for its custodial accounts, and are these applications fully integrated?

*Response required

6.4.4. 4.4. Software Development* Is software development performed in-house or by a third party?

*Response required

6.4.5. 4.5. Support Staff* Specify the number of employees who support the data processing and programming needs of the custodial area.

*Response required

6.5. 5. ............................................................................. Accounting & Reporting There is no limit on the number of characters in each response.

6.5.1. 5.1. Accounting Reports* Provide a list of all accounting reports, including a brief description and a sample of each report.

*Response required

6.5.2. 5.2. Frequency* What is the frequency of the required reports, and how soon after the close of each reporting cycle will they be made available? Additionally, please indicate whether ad hoc or interim reports can be produced upon request.

*Response required

6.5.3. 5.3. Reporting & Valuation Standards* Are the reports generated on a trade-date accrual basis? Do the asset valuations include accrued interest, and are pending trades reflected in the reporting?

*Response required

6.5.4. 5.4. Quality Control* Describe the processes and controls used to ensure the accuracy of client reports. Identify the roles responsible for maintaining accuracy and outline any internal quality-control measures incorporated into the reporting workflow.

6.5.5. 5.5. Customization* Do you currently provide clients with customized reports? If so, please describe the level of customization available and any limitations.

*Response required

6.5.6. 5.6. Automation* Define the level of automation involved in processing transactions.

*Response required

6.5.7. 5.7. Reconcillation Practices* Do you reconcile your records with those of the investment managers? If so, please describe the reconciliation process and its frequency.

*Response required

6.5.8. 5.8. Pricing Sources and Validation Controls* What pricing sources do you utilize, and what processes or controls are in place to ensure the accuracy and reliability of asset pricing.

*Response required

6.5.9. 5.9. Tax & Reporting Support Services* What types of assistance and data do you provide to support tax reporting requirements? Also, please describe any additional reporting services or data you make available.

*Response required

6.5.10. 5.10. Audit Access and Oversight* Are custodial records included in the bank's external auditor review? Additionally, are client auditors permitted to examine the bank's records related to their accounts?

*Response required

6.6. 6. .................................................................................... Cash Management There is no limit on the number of characters in each response.

6.6.1. 6.1. Short-Term Investment Options* What short-term investment fund(s) are available for tax-exempt clients? Please describe the fund's investment strategy and underlying holdings.

*Response required

6.6.2. 6.2. Short-Term Fund Performance* What has been the net rate of return for the short-term investment fund over the past five years?

6.6.3. 6.3. Cash Sweep and Investment Timing* Do you offer automatic sweeping of excess cash balances into a money market vehicle? If so, please indicate the timing of the sweep. Additionally, when are funds received from dividends, interest, and sales invested?

*Response required

6.6.4. 6.4. Money-Market Fund Policies and Objectives* Please provide a brief description of the investment policies and objectives of the available money-market funds, excluding the short-term fund.

*Response required

6.7. 7. ...................................................................... Custody/Security Movement There is no limit on the number of characters in each response.

6.7.1. 7.1. Trade Clearance and Settlement Practices* Are security purchases and sales cleared through DRC and the Fedwire System? Please indicate whether the bank is a direct member of these clearing networks or utilizes a correspondent.

*Response required

6.7.2. 7.2. Depository Relationships* What additional depositories, if any, does the bank utilize for safekeeping or settlement purposes?

*Response required

6.7.3. 7.3. Physical Settlement Procedures* How are physical settlements processed, and where are these transactions conducted?

*Response required

6.7.4. 7.4. Failed Trade Management* What processes or controls do you have in place to minimize failed trades, and what is your historical performance in this area?

*Response required

6.7.5. 7.5. Corporate Actions Communication* Do you notify clients and investment managers of applicable corporate actions? If so, please describe your notification process.

*Response required

6.7.6. 7.6. Proxy Voting Procedures* How is proxy information distributed to clients and processed within your organization?

6.7.7. 7.7. Income Processing Methods* Briefly describe your procedures for crediting dividend and interest payments to client accounts.

*Response required

6.7.8. 7.8. Income Collection Controls* What procedures do you follow to verify that all trust fund income is accurately identified and collected?

*Response required

6.7.9. 7.9. Cost Basis Methodology* Are the costs of securities sold determined using specific identification of lots or an average-cost method?

*Response required

6.7.10. 7.10. Earnings Credit on Failed Trades* Do clients receive an earnings credit on costs originally debited for failed purchase transactions?

*Response required

6.7.11. 7.11. Purchase Fail Policy* What is your policy for managing purchase fails, including how they are identified, resolved, and communicated to clients?

*Response required

6.7.12. 7.12. Policy for Managing Sale Fails* What is your policy for managing sale fails, including how they are identified, resolved, and communicated to clients?

*Response required

6.7.13. 7.13. Class Action Litigation Support* Do you notify clients of applicable class action litigation involving securities held in the custodial account, and do you file the necessary documentation to collect any resulting awards on their behalf?

*Response required

6.8. 8. ...................................................................................... Benefit Payments There is no limit on the number of characters in each response.

6.8.1. 8.1. Benefit Payment Volume* How many benefit payments do you process on a monthly basis?

6.8.2. 8.2. Benefit Disbursement Option* Do beneficiaries have the option to receive their payments by check or through direct deposit?

*Response required

6.8.3. 8.3. Check Processing and Distribution* Are benefit checks printed and mailed internally, or is an external vendor responsible for processing and distribution?

*Response required

6.8.4. 8.4. Benefit Disbursement* On which day are benefit payments mailed, and when is the corresponding account debited?

*Response required

6.8.5. 8.5. Non-Deliverable Checks* Who is responsible for receiving and processing non-deliverable (returned) checks?

*Response required

6.8.6. 8.6. Tax Reporting* Please describe your processes for preparing and delivering tax-related reports, including Forms

1040, 1099, and any other required IRS documentation.

*Response required

6.8.7. 8.7. Customized Messaging for Check Mailings* Can you accommodate customized messages or inserts as part of your standard check mailing process? If so, please describe any limitations or requirements.

*Response required

6.8.8. 8.8. One-Time Benefit Payment* How do you process non-periodic (one-time or irregular) benefit payments, and what procedures apply to their authorization and distribution?

*Response required

6.8.9. 8.9. Federal and State Tax Processing* Please describe your procedures for federal and state tax withholding and reporting.

Additionally, confirm whether your system can distinguish between taxable and non-taxable income and explain how this is managed.

*Response required

6.8.10. 8.10. Automated Premium Processing* Can you process automatic payroll or benefit deductions for participant-elected insurance coverage? If yes, please describe the procedures, data requirements, and any limitations on the types of premiums that can be deducted.

6.8.11. 8.11. Additional Benefit Payment Services* Please describe any additional features or capabilities included in your benefit payment services beyond those already outlined.

*Response required

6.9. 9. ........................................................................................... Compensation There is no limit on the number of characters in each response.

6.9.1. 9.1. Fee Structure* Please provide a complete description of all fees and costs associated with the services described herein, including any optional or pass-through charges.

*Response required

6.9.2. 9.2. Fee Guarantee* Please specify the length of time for which the proposed fees and costs will be guaranteed and will not be subject to increase.

*Response required

6.10. 10. ......................................................................................... Miscellaneous

6.10.1. 10.1. Fiduciary Status Acknowledgement* Please indicate whether you are willing to acknowledge and accept the fiduciary status for the fund, as defined under the Employee Retirement Income Security Act of 1974 (ERISA) and

Section 112.656, Florida Statutes.

☐ Yes

☐ No

*Response required

6.10.2. 10.2. Governing Law Acceptance* Please indicate whether you agree that the agreement shall be governed and construed in accordance with the laws of the State of Florida and, where applicable, federal law.

☐ Yes

☐ No

*Response required

6.10.3. 10.3. Venue Acceptance* Please indicate whether you agree that the venue for any judicial proceeding shall be in the county in which the Board sits (i.e., Orange County, Florida)

☐ Yes

☐ No

6.10.4. 10.4. Sworn Statement Under Section 287.133(3)(a), Florida Statutes, on Public Entity Crimes*

Please download the below documents, complete and have notarized. An online notarization option will be provided for you when responding.

• Public_Entity_Crimes-Sectio...

*Response required

6.10.5. 10.5. Affidavit of Compliance with Section 287.138. Florida Statutes*

Please download the below documents, complete and have notarized. An online notarization option will be provided for you when responding.

• Affidavit_of_Compliance_wit...

*Response required

6.10.6. 10.6. Statement of E-Verify Requirements Compliance* By confirming, I, the duly authorized representative/agent of the firm I am representing for this bid hereinafter referred to as Successful Respondent, by this Affidavit, attest to the following:

The Successful Respondent acknowledges that Section 274A of the Immigration and

Nationalization Act and other relevant provisions of law prohibit the employment of unauthorized aliens; that the U.S. Department of Homeland Security has established an E-Verify System that allows employers to verify employee eligibility in an efficient manner; and that the Office of the

Governor of the State of Florida has issued Executive Order 11-116, encouraging public agencies not under the control of the Governor to include as a provision of contracts for the provision of goods or services a requirement that contractors and subcontractors utilize the E-Verify System to verify employee eligibility. Successful Respondent hereby affirms and agrees that Successful

Respondent is in compliance and shall at all times comply with Section 274A of the Immigration and Nationalization Act and other provisions of law with respect to the hiring of unauthorized aliens. Successful Respondent shall verify the eligibility of its current and prospective employees utilizing the U.S. Department of Homeland Security’s E-Verify System during the term of this

Agreement. Successful Respondent shall include in all contracts with subcontractors related to this Agreement a provision requiring the subcontractor to comply with Section 274A of the

Immigration and Nationalization Act and other provisions of law with respect to the hiring of unauthorized aliens and to verify the employment eligibility of all the subcontractor’s current and prospective employees using the U.S. Department of Homeland Security’s E-Verify System. The

Successful Respondent shall maintain records showing its compliance with the requirements of this paragraph, and shall provide copies of all such records to the Board upon request. Failure to comply with any requirement of this paragraph shall constitute a breach of this Agreement for which the Board may immediately terminate the Contract without penalty. In the event of such breach or termination, the Successful Respondent shall be liable to the Board for any costs incurred by the Board as a result of the breach.

IN ACCORDANCE WITH § 837.06, FLA. STAT., SUCCESSFUL RESPONDENT

ACKNOWLEDGES THAT WHOEVER KNOWINGLY MAKES A FALSE STATEMENT IN

WRITING WITH THE INTENT TO MISLEAD A PUBLIC SERVANT IN THE PERFORMANCE

OF HIS OR HER OFFICIAL DUTY SHALL BE GUILTY OF A MISDEMEANOR OF THE

SECOND DEGREE, PUNISHABLE AS PROVIDED IN § 775.082 OR § 775.083, FLA. STAT.

☐ Please confirm

*Response required

6.10.7. 10.7. Affidavit of No Coercion* Please download the below documents, complete and have notarized. An online notarization option will be provided for you when responding.

• Affidavit_of_No_Coercion.pdf

*Response required

6.10.8. 10.8. Qualified Public Depository* Please confirm that you meet the requirements to serve as a qualified public depository under

Section 280.05, Florida Statutes, as required for entities governed by Chapters 175 and 185.

☐ Please confirm