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HomeMy WebLinkAbout2002 06 25 Regular Item A .- ])RA FT ---- Pursuant to its Purchasing Policies and Procedures, The City of Winter Springs, Florida, invites the submission of proposals to provide Investment Management Services for its Defined Benefit Pension Plan funds_ All proposals must be submitted in a sealed envelope marked "Proposal :"Investment Management Services" and received by the Office of the Director of General Services, 1126 East State Road 434, Winter Springs, Florida 32708, no later than 3:00 P.M., , 2002. Proposals will be acknowledged and evaluated by an ad hoc committee of city staff, the pension Board of Trustees, and outside consultants. A final determination on the placement of funds will be made by the City Commission at a date a time to be determined. It is understood that the City of Winter Springs reserves the right _to reject any or all proposals as it determines to be in the best interest of the City. GENERAL SPECIFICATIONS The City of Winter Springs (the "City") invites proposals from qualified financial institutions interested in pr?viding investment management services for the City's pension funds. The City wishes to contract for services with a firm registered with the Securities and Exchange Commission (SEC) under the Investment Advisor's Act of 1940 which will-act in a fiduciary capacity. The successful proposer will be required to manage the funds in accordance with the laws of the State of Florida, and investment policies and procedures outlined in the City's pension plan documents. BACKGROUND The City of Winter Springs, Florida, is a home-rule municipality operating under the Council-Manager form of government. The City Commission is comprised of five voting members. A separately elected mayor votes only in the case of a tie. The City is located in south Seminole County, approximately 15 miles northeast of Orlando, Florida, and has a population of approximately 31,000. It is primarily an upscale, suburban, residential community, with home values generally ranging between $150,000 to over $1,000,000. The city has adopted plans for extensive commercial development in a central city core called the Town Center. The city's workforce numbers almost 251, and at six months of service, all employees are required to participate in the pension plan. Each employee contributes 3% of his/her compensation to the fund, and the city contributes the equivalent of 8% of each employee's compensation. As of September 30, 2001, the Defined Benefit Pension Plan fund contained just over $5,400,000, and is currently managed by Suntrust Bank in Orlando. EXAMINATION OF RFP The City encourages interested parties to examine this RFP carefully. The Investment Manager and/or its affiliates will be required to attain the highest possible yields on the fund, consistent with directives in the pension plan documents, mandates of the Board of Trustees, and the laws of the State of Florida. The Investment Manager shall act solely in a fiduciary capacity, and shall receive fees or compensation pursuant to the provisions of its contract with the City. SCOPE Of WORK Specific responsibilities of the Investment Manager will include, but will not be limited to the following: 1. Execute purchases and sales of securities with approved brokers/dealers in accordance with state law and directives of the city. 2. Provide monthly reports on investment activities, earnings, the value of the portfolio holdings, and projected portfolio cash flows. These reports must include a market-to-market valuation and other information needed for the City to report investment holdings under GASB 31. The Investment Manager must maintain accurate reports of investments including the diversity of investments and compliance with applicable investment policies of the City and the State of Florida. . 3. Provide quarterly investment reports including, but not limited to, a description of market conditions, investment strategies employed, performance, and suggested changes to investment strategy. Investment performance must be provided on a total return basis and compared to appropriate benchmarks. 4. Maintain a list of approved broker/dealers that have met the City's approved criteria, and furnish evidence of compliance with those criteria to the City. 5. Provide professional presentations to the Board of Trustees on portfolio status and performance. 6. Provide customized reporting on investment activity, earnings, and portfolio status. MINIMUM QUALIFICATIONS To be considered by the City, proposers must: 1. Have a minimum of five years experience in managing pension fund assets for state and/or local governments, including experience managing portfolios with assets in excess of five million dollars; 2. Assign an account manager to the City's account who has a minimum of five years experience in providing investment services to public entities equivalent in workforce size to the City of Winter Springs; 3. Be familiar with all applicable Florida statutes with regard to qualified investments for public entities; 4. Be registered with the Securities and Exchange Commission under the Investment Advisor's Act of 1940 and be properly registered to provide investment management services in Florida; 5. Be financially solvent and adequately capitalized to be able to service the City for the duration of the contract; 6. Be either completely independent of any financial institution or securities brokerage firm, or fully and continuously disclose to the City any such relationships with such financial institution or securities brokerage firm, specifically as that relationship impacts the firm's dealings with the city; 7. Have Errors & Omissions and Fiduciary Liability Insurance coverage of at least ten million dollars;. and 8. Adhere to the Code of Professional and Ethical Standards as described by the Association for Investment Management and Research (AIMR). PAYMENT The successful proposer will only receive payment for rendered services after the city receives properly prepared invoices. ADDITIONAL INFORMATION Inquiries rega~ding this RFP shall be ~irected to: Gene DeMarie Director of General Services City of Winter Springs, Florida Telephone: 407-327-5961 FAX: 407-327-4753 E-mail: gdemarie@winterspringsfl.org CONTRACT TERM The successful proponent will be awarded a three (3) year contract effective , 2002, through , 2005. It may be extended for two (2) additional one (1) year terms, provided all terms and conditions (except for the contract period being extended)remain unchanged and in full force and effect. This option, if exercised, is to be executed in the form of a Letter of Agreement, to be issued not sooner than ninety (90) days prior to the expiration of this contract, nor later than the final day of the contract period. The decision to renew the contract will be at the sole discretion of the City. Refusal by the City to exercise this renewal option will cause the contract to expire on the original or mutually-agreed date. The total period of this contract, including all renewals as a result of exercising this option, may not exceed a maximum combined period of five (5) years. SPECIAL PROVISIONS Proposers are encouraged to submit concise and clear responses to the RFP. Responses that are excessive in length or complexity are discouraged. The City reserves the right to include the entire selected proposal or any part thereof in the final contract. Emphasis should be on completeness and clarity of content. By submission of a proposal, the proposer certifies, and in the case of a joint proposal each party certifies, that in connection with any cost proposal submitted, the prices quoted are not the product, direct or indirect, of any collusion with any other proposer, and have not been knowingly disclosed by the proposer, either directly or indirectly, to any other proposer prior to submission to the City. All proposals must state the period for which the proposal shall remain in effect. Such period shall not be less than 90 days from the proposal due date. Notwithstanding any other provisions of this RFP, the City reserves the right to award this contract to the proposer that best meets the requirements of the RFP., Further, the City reserves the right to reject any or all proposals prior to execution of the contract, with no penalty to the City. Potential proposers are prohibited from directly or indirectly communicating with City Commission members regarding proposer qualifications, or the award of a contract. Also prohibited is contact with City staff;' unle-s.s -submitt-ing an--inquiry '.in - - _..- compliance with the provisions of "ADDITIONAL INFORMATION" above. Any violation will result in immediate disqualification of the proposer from the selection process. RESPONSE TO THE REQUEST FOR PROPOSALS At a minimum, responses to_this RFP must include khe following: A. FIRM BACKGROUND: 1. Describe the organization, date founded, and ownership of your firm. Has it experienced a significant change in organizational structure, ownership, or management during the past three years and, if so, please describe. 2. Describe any other business affiliations (e.g., subsidiaries, joint ventures, and "soft dollar" arrangements with brokers) . 3. Describe your firm's policy on soft dollars. 4. Does your firm have an office in the State of Florida? 5. Is your firm a registered investment advisor under the Investment Advisor's Act of 1940? 6. Describe any SEC, NASD or any other regulatory censure or litigation involving your firm or its employees during the past five (5) years. 7. Summarize fidelity bond coverage, errors and omissions, employee dishonesty, fiduciary liability insurance, or other fiduciary coverage your firm carries, and provide a current Certificate of Insurance. 8. Provide a copy of your firm's most recent audited financial statement. 9. Describe your firm's revenue sources and comment on your firm's financial condition. 10. Does your firm adhere to the Code of Professional and Ethical Standards as described by AIMR? B. EXPERIENCE: 1. Describe your firm's experience in managing investment portfolios for public funds and governmental entities. 2. Summarize your assets under management (institutional only) over the past five years. 3. What is your firm's experience in developing investment policies and portfolio management guidelines for public employee pension funds? 4. Does your firm act as a broker or as a primary dealer in securities or receive any other form of additional compensation (including soft dollars) for client transactions aside from the direct fee paid by clients? 5. Provide five client references (public sector)for whom you provide similar services including client name, contact personnel, address, phone number, and length of time you have managed their assets. 6. Provide the number and types of accounts, total asse.t value, and composition of portfolios currently being managed by your firm. 7. List your most comparable municipal clients and the length of time they have been clients. 8. How many accounts have you gained in the last 12 months? How many accounts have you lost in the last 12 months, and provide an explanation for the loss of each of these accounts. C. PERSONNEL: 1. Provide an organizational chart showing analytical, investment and research staff, other decision support, and back office support. Identify the primary contact and describe the roles of each key person. 2. Provide detailed resumes and biographical information for all key investment professionals who will be directly responsible for the investment of the City of Winter Springs pension funds. Include the following information: title, number of years at your firm, total number of years of experience, professional designations or licenses. 3. Describe your firm's activities to keep portfolio managers informed of developments relevant to the management of public sector investment portfolios. D. INVESTMENT MANAGEMENT APPROACH AND DISCIPLINE: 1. Briefly describe your firm's investment management philosophy, including your approach to managing public employee pension funds. 2. How are portfolios managed (e.g., by team, individual manager)? What is the back-up when the manager is away? 3. What are the strategies employed by your firm for adding value to portfolios (e.g., market timing, credit research, etc.)? 4. Describe the in-house technical and research support services you have available. What other sources are used by the firm on a regular basis? 5. How will you handle fluctuating cash flows and the cash forecasting process? 6. Describe the investment program you are proposing for the City, including the type of securities you propose to purchase, how the funds will be managed after the initial investments are made and how you will provide liquidity. 7. Provide your firm's short-term investment performance compared to an appropriate benchmark for the most recent five year period. 8. Provide your firm's intermediate-term investment performance compared to an appropriate benchmark for the most recent five years. Please show annualized quarterly returns, gross of all management fees. 9. Provide recommendations regarding performance benchmarks for a portfolio similar to that of the City. 10. How frequently would you suggest your staff make contact with the City's staff? Who will make contact? 11. Briefly describe any additional feature, attributes or conditions which the City should consider in selecting your firm. E. ACCOUNTING AND REPORTING: 1. Describe the investment accounting and reporting system used by your firm and whether it complies with AIMR standards. 2. Describe the frequency and format of reports that your firm would provide to the City, including. the methods and formulas used to calculate yield and performance. Provide a sample of all reports that will be provided. F. FEES: 1. Describe your firm's fee schedule. Is there a minimum fee? What expenses would be covered through the fee structure? 2. What additional expenses, not covered by the fee schedule, will the City be expected to pay in order to implement your investment services? 3. What fees would be required to provide specific advice concerning aspects of the present portfolio? 4. Provide a description and/or example of the billing method that will be used. G. SUPPLEMENTAL INFORMATION: 1. Provide a copy of your firm's most recent Form ADV, Parts I and II, as on file with the SEC. 2. Provide proof of state registration. 3. Provide any contract language your firm would request or require in a contract with the City. 4. Provide assurances that the proposer will be cognizant of, comply with, and enforce all applicable Federal, State and Local statutes and ordinances. SUBMISSION OF PROPOSAL four (4) copies of the proposal must be submitted. Proposals received after the above date and time will not be considered. The City is under no obligation to return proposals. EVALUATION OF PROPOSALS Poposals submitted in response to this RFP will be evaluated by an ad hoc committee as previously described. The selection of a proposal and the execution of a contract, while anticipated, is not guaranteed by the City. The City reserves the right to determine which proposal is in the City's best interest and to award the contract on that basis. The City may reject any and all proposals, waive any irregularities of any proposal, negotiate with any potential proposer (after proposals are opened) if such is determined to be in the best interest of the City. After all proposals are reviewed, proposers may be selected for interviews or oral presentations as may be necessary. The City makes no commitment to any respondent to this RFP beyond consideration of the written response to this RFP. AWARD OF CONTRACT After selection of a proposer based on qualifications, the City will then enter into negotiations as to the terms of the agreement, all aspects and levels of services, and compensation to be paid. In the event the negotiations between the proposer selected and the City cannot be completed as a result of an inability to reach agreement on the fee for services, or the scope of work to be performed, then at the option of the City, the contract may be awarded to the second most qualified proposer. Negotiations will continue in this sequence until a contract is finalized, or all proposals are rejected. CITY COMMISSION APPROVAL The final contract will be submitted to the City Commission for approval. The selected proposer will be required ~o assume responsibility for all services offered in their proposal. The selected proposer will be considered the sole point of contact with regard to contractual matters, including payment of any and all charges resulting from the contract. The selected proposer will be required to enter into a written contract with the City in a form approved by the City Attorney. This RFP and the proposal, or any part thereof, may be incorporated into and made a part of the final contract. The City reserves the right to negotiate the terms and conditions of the contract with the selected proposer. ANTICIPATED CONTRACT TERMS AND CONDITIONS 1. Standards of Performance A. The performance of all services by the proposer under this Agreement will be by persons appropriately licensed or registered under State, local and Federal laws. B. In performing all services under this Agreement, the firm will use that degree of care and skill ordinarily exercised for similar projects by professional firms who possess special expertise in the types of services involved under this Agreement. C. Any provisions in this Agreement pertaining to the City's review, approval and lor acceptance of written materials prepared by the firm's subsidiaries or sub-contractors in connection with this Agreement will not diminish the firm's responsibility for the materials. D. The firm \~ill perform all of its services in coordination with the City, and will advise the City of data and information it needs to perform its services. The firm will meet with City representatives at mutually convenient times to assemble this data and information. E. In performing all services under this Agreement, the firm will comply with all local, state and federal laws. 2. City's Responsibilities A. The City will provide information to the firm regarding the City's requirements for the firm's services under this Agreement. B. The City will designate an authorized representative to act on the City's behalf with respect to this Agreement. The City will examine documents and information submitted by the firm, and promptly render responses to the firm on issues requiring a decision by the City. 3. Firm's Records A. All expense records of the firm's personnel will be kept on a recognized accounting basis acceptable to the City, and will be available to the City at mutually convenient times. This provision applies only if the firm is to be reimbursed for any expenses. B. The City, its auditors, and federal and state agencies that have monitoring or auditing responsibilities for this Agreement will have access to any books, documents, papers and records of the firm which are directly pertinent to this Agreement for the purpose of making audits, examinations, excerpts, copying and transcriptions. C. The firm will furnish to the City, at such time and in such form as the City may require, financial statements including audited financial statements, records, reports, data and information, as the City may request pertaining to the matters covered by this Agreement. 4. Ownership and Use of Documents A. All documents prepared by the firm in connection with this Agreement will become the property of the City. B. The firm will retain all of its records and supporting documentation relating to this Agreement, and not delivered to the City, for a period of three years, except that in the event the firm goes out of business during that period, it will turn over to the City all of its records relating to the City. 5. Term; Termination of Agreement A. The term of this Agreement begins upon its execution by the City, and will end upon the firm's completion, and the City's acceptance, of all services described in this Agreement. B. This Agreement may be terminated by either party upon 30 days prior written notice, should the other party fail substantially to perform in accordance with its terms through no fault of the party initiating the termination. C. This Agreement may be terminated at will by the City upon at least 30 days prior written notice to the firm. D. In the event of termination as provided in this Section, the firm will be compensated for all services performed to the termination date which are deemed by the City to be in accordance with this Agreement. This amount will be paid by the City upon the firm delivering to the City all information and materials developed or accumulated in performing the services described in this Agreement, whether completed or in progress. 6. Insurance and Indemnity A. The firm will hold harmless, indemnify, and defend ~he City and its employees, agents, officers and servants from any and all lawsuits, claims, demands and causes of action of any kind ar~sing from the negligent or intentional acts, errors or omissions 0= the firm, its officers, employees or agents. This will include, but not be limited to, the amounts of judgments, penalties, interest, court costs, reasonable legal fees, and all other expenses incurred by the City arising in favor of any party, including the amounts of any damages or awards resulting from claims, demands and causes of action for personal injuries, death or damages to property. B. The firm will procure and maintain at its expense insurance with insurance companies authorized to do business in the State of Florida, covering all operations under this Agreement, whether performed by the firm or its agents, subcontractors or employees. Before commencing the work, the firm will furnish to the City a certificate or certificates in a form satisfactory to the City, showing that firm has complied with this paragraph. All certificates will provide that the policy will not be canceled until at least 30 days written notice has been given to the City, and will name the City as an additional named insured on all coverages except workers' compensation and professional liability. The kinds and amounts of insurance required are as follows: Workers' Compensation Insurance: In accordance with the statutory provisions of the State of Florida. Liability Insurance: (1) Commercial general liability insurance with a combined single limit of $500,000 for each occurrence and $500,000 in the aggregate, (2) Automobile liability insurance in an amount not less than $250,000 for injuries to anyone person, $500,000 on account of anyone. accident,. afld-in.a.fl amount of -not- .less than $250,000 for property damage. C. The stated limits of insurance required by this Paragraph are minimum only--they do not limit the firm's indemnity obligation, and it will be the firm's responsibility to determine what limits are adequate. These limits may be met by basic policy limits or any combination of basic limits and umbrella limits. The City's acceptance of certificates of insurance that do not comply with these requirements in any respect does not release the firm from compliance with these requirements. 7. Miscellaneous Provisions A. This Agreement is governed by the laws of the State of Florida. Exclusive venue for any dispute arising under this Agreement is in Seminole County, Florida. B. As to all acts or failures to act by either party to this Agreement, any applicable statute of limitations will commence to run and any alleged cause of action will be deemed to have accrued when the party commencing the cause of action knew or should have known of the existence of the subject act or failure to act. C. The firm agrees not to use funds received by it under the terms of this Agreement for any partisan political activity or to further the election or defeat of any candidate for public office. D. The firm hereby affirms that it has not made or agreed to make any valuable gift whether in the form of service, loan, thing, or promise to any person or any of his/her immediate family, having the duty to recommend, the right to vote upon, or any other direct influence on the selection of firms to provide professional services to the City within the two years preceding the execution of this Agreement. E. In performing the services required under this Agreement, the firm will not discriminate against any person on the basis of race, color, religion, sex, national origin, age or disability. F. All references in this Ageeement to any particular gender are for convenience only and will be construed and interpreted to be of the appropriate gender. The teem "will" is mandatory in this Agreement. G. Should any provision in this Agreement be found or deemed to be invalid, this Agreement will be construed as not containing the provision, and all other provisions which are otherwise lawful will remain in full force and effect. To that end, the provisions of this Agreement are declared to be severable. H. All services provided pursuant to this Agreement are for the exclusive use and benefit of the City. I. The City of Winter Springs is governed by Florida statutes applicable to public records and the public dissemination thereof. This Agreement and all written information generated under this agreement may be subject to release. J. The City and the firm, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. The City and the firm may not assign, sublet or transfer any interest in this Agreement without the written consent of the other. K. This Agreement represents the entire and integrated Agreement between the City and the firm, and supersedes all prior negotiations, representations or agreements either written or oral. Except as to a change in the scope of services, this Agreement may be amended only by written instrument approved by the City's governing body and signed by both the City and the firm. L. Any exhibits and/or attachments attached to this Agreement are incorporated by reference into this Agreement as though included verbatim herein. M. In the event of any conflict between these Terms and Conditions and the provisions of any exhibit or attachment to this Agreement, these Terms and Conditions will govern and control.