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RFP SM-FN 2010-16 ACTUARIAL CONCEPTSACTUARIAL CONSULTING SERVICES RFP NO.SM-FN 2010-16 CITY OF SOUTH MIAMI ACTUARIAL CONCEPTS 2950 HALCYON LANE,SUITE 402 904-262-3020 MICHAEL J.TIERNEY OCTOBER 18,2010 Concepts ACTUARIAL CONCEPTS ACTUARIAL CONSULTING SERVICES RFP NO.SM-FN 2010-16 CITY OF SOUTH MIAMI Table of Contents RFP Checklist 1 Letter of Transmittal 2 Profileof Proposer 3 Summary of Proposer's Qualifications 5 Project Understanding 9 References 9 Project Time Schedule 9 Fee Proposal 9 Hold Harmless Indemnity Clause 11 Declaration 12 Non-Collusion Affidavit Public Entity Crimes and Conflicts of Interest Drug Free Workplace Acknowledgement of Conformance with OSHA Standards Concepts RFP Checklist XI verify that the signature on page 3 is the signature of the person authorized to bind the agreement. XIacknowledgereadingandsigningtheHoldHarmlessStatement. XI have included all information,certificates,licenses and additional documentationasrequiredbytheCityinthis RFP document. XIhave checked forany addendums tothisRFP,andwill continue tocheckfor any addendums up tothe due date and timeofthisRFP. XIhavesubmittedone (1)original,ten (10)copies oftheentireproposalwith addenda,andone (1)electroniccopyoforiginal proposal. XIhaveverifiedthattheoutsideaddresslabelofmy RFP packageisclearly marked to include my company's name,address,RFP number and date of RFP opening. XIncludea completed copyoftheFeeProposalPage with Amounts. XIam aware thataNoticeofIntentto award thisbidshallbe posted onthe City's website at www.cityofsouthmiami.net and onthe RFP/Bids Section, andthatitismy responsibility tocheckforthis posting.Also,Ihave provided myemail address,astheCity,atitsdiscretion,may provide me information bysuch means regarding this procurement process. N/A I have submitted all supporting documentation forlocal preference eligibility, which must be received with thebid package prior tothebid opening date and time(if applicable). ACTUARIAL CONCEPTS MICHAEL J.TIERNEY PROPOSER'S AUTHORED SIGNAT OCTOBER 18,2010 ac@actuarialconcepts.com Concepts Concepts Management Advisors Benefit Specialists October 18,2010 Cityof South Miami Attn:City Clerk 6130 Sunset Drive South Miami,Florida 33143 Gentlemen: This letter and related attachments are submitted in reply to your request for proposal dated September 27,2010,with regard to proposals for actuarial services to the City of South Miami pertaining to its two defined benefit plans (General and Police plans). Actuarial Concepts'staff,by reason of extensive experience of its principal in all facets of public pension plans,including services as actuarial consultanttotheStateof Florida Retirement System and many Florida cities,is well suited to provide actuarial services totheCityof South Miami. We understand that the client relationship will be with the City who is seeking professional services toprovide general advice and counsel onthePlansand benefit structures on possible plan changes and improvements;calculate and report the estimated cost of changes in benefit structure based on applicable employee data and payroll records;meet with Pension Ad Hoc Committee and City Staff to explain changes to Plans andactuarial assumptions. Michael J.Tierney,President,2950 Halcyon Lane,Suite 402,Jacksonville,Florida,32223, 904-262-3020,is authorized to make representations for Actuarial Concepts. We at Actuarial Concepts appreciate the opportunity to present our firm's consulting capabilities. Very truly yours, ACTUARIAL CONCEPTS By:/n'lAQuJ-'/yUAyVL^c Michael J.Tierney ASA,MAAA,FCA,EA #08-01337 2930 Halcyon Lane.Suite 402,Jacksonville.FL 32223 Phone:(904)262-3020.Fax:(904)268-3374 E-mail:ac@actuarialconcepts.com Profileof Proposer a.Actuarial Concepts was established in Jacksonville,Florida,on January 3,1989, andiswholly owned byMichael J.Tierney. b.Work willbeperformed from our office located at 2950 Halcyon Lane,Suite 402, Jacksonville,Florida,32223. c.Actuarial Concepts'professional staffhasservednumerouspublicandprivate sector clients throughout the United States,and extensive involvement with the publicsectorhasincludedassignmentsfortheStateofFloridaandmanyFlorida municipalities.ActuarialConcepts'staffhas maintained long-term consulting relationships that have survived prior affiliations,and the firm's tradition ofa high quality work ethicand innovative problem solving has extended overmany years. Our principal inventory isthe talents,expertise and experience ofthe professionals on our staff.Thereare,at present,seven employees,of whom four are professional actuarial staff.Mr.Tierney isan enrolled actuary under ERISA, aswellasa member oftheSocietyof Actuaries.Mr.Tierney is licensed to qualify plans with the Internal Revenue Service.The remaining staff members are experts in such related disciplinesaslegal research,computer systems,data management,editing and general management and administration.Actuarial Concepts hasits own actuarial software.All actuarial work is performed byin- house staff,and no portion of actuarial projects is sublet to outsiders. Actuarial Concepts currently has working relationships with theCity'slegal advisors on labor and pension,Mr.James Crossland and Mr.James Linn. Wehave extensive experience in thedesignand valuation ofbothpublicand privateretirementplans,includingactuarialvaluationsandspecialstudies,and drafting of plan documents and summary plan descriptions. ActuarialConceptshasservedasconsultantstocity management (asopposedto workingforpensionboards)formany years,assistingwiththe following: •Union negotiations involvingchangestopoliceofficer and firefighter benefits. •How besttocomplywith minimum benefit andextrabenefit provisions of Chapters 175/185,Florida Statutes. •Consideration of alternative plan structures that would lowercitycosts and/or lessen exposure tocost fluctuations. •Projections of current planand alternative plan costs. Concepts Servingasacity actuary,weworkinthecity'sbest interests and are independent ofthe police and general pension boards or their interests (that are often not the same).A significant majority of our current practice is working directly forcities asthecity actuary providing second opinions of pension board actuarial valuations,special studies of potential benefit changes,and negotiation assistance. d.List and description of similar engagements within past 2 years Cityof Coral Gables 405 Biltmore Way,1st Floor Coral Gables,Florida 33134 Pat Salerno,City Manager (305)460-5201 Assist with police negotiations;studies of alternative setsofplanchanges, testimony at impasse hearing regarding City proposal. City of Palm Bay 120 Malabar Road SE PalmBay,Florida 32907 JonLewis,Deputy City Manager (321)952-3411 Assistwithfirefighternegotiations;studiesof alternative planchanges, projections of costs;testimony at impasse hearingregardingCity proposal. Cityof Hollywood P.O.Box 229045 Hollywood,Florida 33022-9045 Gail Reinfeld,Director,Human Resources and Risk Management (954)921-3218 Assist with police and firefighter negotiations;studies ofplan restructuring,2 tier systems. Cityof Altamonte Springs 225 Newburyport Avenue Altamonte Springs,Florida 32701-3697 Mark B.DeBord,Director of Finance (407)571-8090 Concepts Assistwithhowtocomplywith Chapter 185 premium taxestobeusedfor "extrabenefits";assistwithterminationoffirefighterplan. Other cities that Actuarial Concepts hasservedasconsultantto management include Boca Raton,Daytona Beach,FortMyers,Miami,Miami Beach,Panama City,Sanibel,Sunrise. e.ActuarialConceptshasnotbeeninvolvedinlitigation within thelastfive (5) years,andthereisno pending litigationarising out of our performance. f.Actuarial Concepts currently isnot providing anyservicestotheCityofSouth Miami Employees Retirement Fund. g.Actuarial Concepts is not involved in any litigation that directly affects services provided totheCityof South Miami. Summary of Proposer's Qualifications a.-c.Michael J.Tierney Title:Project Manager Yearsof Service with Actuarial Concepts:21 Yearsof Experience:35+ Professional Registration:ASA,MAAA,FCA,EA08-01337 Education:See resume below Work Experience:See resume below Mr.Tierney,an actuary withover35yearsof consulting andactuarialexperience inpensionsandemployee benefits,andpresidentofthe firm,wouldhaveoverall responsibility forthe account,includingavailabilityforconsultationand attendanceatmeetingswhenrequested.Mr.Tierneywouldtobe responsible for policysettingandstrategicplanningassignmentsrelatedtoplandesign, including interpretation ofresults,framingof recommendations and preparation ofrelatedreports.Mr.Tierney's resumeis provided onthefollowingpages. Estimated hours.Currently unknown;depends on scope of alternatives and studies involved. Anne Solaun Title:Actuarial Analyst Yearsof Service with Actuarial Concepts:21 Yearsof Experience:24 Education:BachelorofScienceDegreewithmajorin mathematics fromCollege ofNewRochellein!983 Concepts Work Experience: Ms.Solaunhas24 years ofexperiencein actuarial valuation analysis.Ms.Solaun would be responsible for running the valuation systems applied totheplansand interfacing with the database. Estimated hours.Currently unknown;depends onspecific studies performed. Barbara J.Wilkerson Title:Actuarial Assistant Yearsof Service with Actuarial Concepts:21 Yearsof Experience:25 Education:Graduated fromMacclenny High School,Salutatorian in 1985; attended FCCJ in mathematics Work Experience: Ms.Wilkerson has 25 years of experience in data management and has worked asdata manager forplansforthepast 20.Ms.Wilkerson would beresponsible for management and maintenance ofthe database. Estimated hours,20. Concepts MICHAEL J.TIERNEY ASA,MAAA,FCA,EA 08-01337 MichaelJ.Tierneyisa consulting actuary specializinginpensionsand other employee benefits.Heserves asanadvisortomanagementinboththepublicandprivatesectors,and supervises astaffwithactuarial, teclinical compliance,communicationandcomputerexpertisethatassistsinthedesign,pricingand administration of employee benefit plans. ACTUARIAL ACCREDITATIONS —Associate in the Society of Actuaries Mr.Tierney studied forandtook actuarial exams sponsored bythe Society of Actuaries.He successfully completed therequired examinations to become an Associate intheSocietyof Actuaries in 1967. —Member,American Academy of Actuaries Membership in the American Academy of Actuaries requires three years'experience in responsible actuarial work,aswellaspassingthe required exams.Mr.Tierney wasacceptedasamemberin 1976. —Enrolled Actuary (IRS) Mr.Tierney was licensed to practice actuarial science in dealings with the Internal Revenue Service by the JointBoardforthe Enrollment of Actuaries,becominganEnrolledActuaryin1976. —Fellow in the Conference of Consulting Actuaries Mr.Tierney completed the necessary requirements to become a Fellow in the Conference of Consulting Actuaries,being accepted in 1979.Candidates for Conference membership must have twelve years' experience in responsible actuarial work,hold a position of substantial actuarial responsibility,and meet educational requirements. EMPLOYMENT HISTORY After a six-year development program at Northwestern Mutual Life Insurance Company,in 1970 Mr. Tierney joined a midwestern pension consulting firm,where he changed his focus to the field of pensions. In 1975,Mr.Tierney joined Tillinghast,a specialty actuarial consulting firm headquartered in Atlanta, Georgia.Tillinghast merged with Towers Perrin.a large,multi-faceted consulting firm,in 1986.In 1989, Mr.Tierney formed Actuarial Concepts,a specialty actuarial consulting firm,located in Jacksonville, Florida. Mr.Tierney has worked continuously full-time in the actuarial field since 1964 and has over 30 years of experience in actuarial work pertaining to insurance and pension plan analysis. PROFESSIONAL ACTIVITIES —Board Member of Conference of Consulting Actuaries Mr.Tierney was elected to the Board of Directors of the Conference of Consulting Actuaries in 1995.Mr. Tierney has served on the Executive Committee as Secretary,and previously served two years as Vice President of Pensions for the CCA. —National Committees Mr.Tierney has served on several national committees for the actuarial organizations previously mentioned. Among other assignments he has served as a member of the American Academy of Actuaries'Pension PracticeCouncil,aswellastheCouncilonProfessionalism. Mr.Tierney has also served three years as Chairman of the Society of Actuaries'Committee on Pension Terminology. —Panel Speaker Mr.Tierney has participated as a speaker on numerous panels on pension issues before the Society of Actuaries,the American Academy of Actuaries,the Conference of Consulting Actuaries and the Southeast Actuaries Club.He has also participated on panel presentations for the Enrolled Actuaries annual meeting Concepts 8 and served as guest speakerfor several conventions,including the Southern Gas Association andthe American Institute of Steel Construction Workers. —Articles Written Mr.Tierney has written several published articles on pension issues,including articles forthe actuarial magazine Enrolled Actuaries Report;andan article on employee benefit trends published in Resource,the magazine of theLifeOfficeManagementAssociation (LOMA). —Guest Lecturer Mr.Tierneyservedasguestlectureras pan of theannualFloridaBarLaborRelationsForum,wherehis presentation wastitled"Unisexing Benefit Payouts and Retirement System Regulations."Thelecture outlinewas published bythe Florida Barin October 1985. —Expert Witness Mr.Tierneyhasservedasanexpertwitnessinseveralcourtproceedings.Hehastestifiedasanexpertin pensionsystemsandactuarialissuesrelatedtothosesystems,includingactuarialmethodsforallocating benefitsbeforeandafteradatecertain.Mr.TierneyservedastheStateofFlorida'sexpertwitness in pensionsforthe 1985 reversediscriminationpensionlitigation,State of Floridavs.HughlanLong,which was reviewed bythe Supreme Court. GOVERNMENT CLIENT EXPERIENCE Mr.Tierneyhasservedas consulting actuarytomanycitiesintheState of Florida(usuallyreferredtoas "City Actuary")pertaining toissuesrelatedtotheir General,Policeand Firefighter pension plans,including assistance withunion negotiations,and compliance withFL Statutes 175&185.Clients includeCity of Sunrise,City of Miami.City of MiamiBeach,City of Hollywood,City of Oakland Park,City of Boca Raton,andCity of Coral Gables. Mr.Tierney has served asan advisor totheFlorida Independent Retirement Commission onissues relating topublicdefinedpensionannuityplanconversionstosingle-sumaccountbalanceplansfor 200,000 public school employees in Florida. Mr.TierneyhassubstantialexperiencewithpublicplansinFloridahavingservedastheactuaryorco- actuary of recordfortheFloridaRetirement System andtheplans of DadeCountySchoolSystem,St.Johns RiverPowerPark,City of FortWaltonBeach,CityofGainesville,City of Jacksonville,City of LakeCity, City of DeltonaandCity of St.Augustine. EDUCATION Mr.TierneyearnedaBachelorof Science degree,withamajorinmathematics,fromCarleton Collegein1964. Concepts d.Municipal staffsupport.Generally minimal,otherthantosupplythe necessary employee data and payroll records in usable electronic format. Project Understanding Thekeytopensionreformistodevelopthereformobjectivesfirst,takingintoaccount thepredilectionsoftheCity Commission aswellasemploymentpolicypreferredby management,alongwithadviceonemploymentfromtheCity'slaborattorneyand legal restraintsasadvisedbytheCity'spensionattorney.Developmentof objectives are basedon understanding ofthepossiblealternatives (e.g.,plan freezeandstartnewplan versusplanmodification).Anexecutivesessiontodevelopthis understanding before anyspecific studies are undertaken is highly recommended. In general,any specificcostobjectivemaybe accomplished;the extent of reform isthe only unknown.Many citiesset their cost reductions first and priorities on provision adjustment.Then the studies needed maybe minimized.The studies are not the objectiveofthe assignment;cost levels and cost control are. References Contact infoofan employee and pension board member or other non-government related contact foreach entity.Wedonotknow any employees or pension board members that could be used asreferences.Wedo,however,provide references by representativesofotherFloridacitiesforwhomwehave completed similarassignments in Section d.under Profile of Proposer.Also,your labor and pension attorneys,James Crossland and James Linn,are offered as additional references. Project Time Schedule The project timeschedulefor specific services alongwiththeapproximatecostwillbe providedatthetimeany specific service isrequested.Ingeneral,projectsetupand valuationbaselinetake about 5weekstocompleteafterdataisreceived.Thetimeframe forany specific study would be dependent uponthetypeof study requested.In general,afterthebaselineisestablishedany specific studyshouldbecompletedwithin 2weeksoftherequest.Multiplestudiesrequestedatthesametimemaytakelonger. Fee Proposal a.WithregardtotheActuarialConsulting Services describedherein,the fixed annualcost,payablemonthly.Weareunableto provide afixedcostuntilthe services needed areexplicitlydefined.Seebillingrates below forthebasisofany specific project quote. Concepts 10 b.With respect to additional agreed upon services that may be best performed on an hourly basis,the following hourly billing rates apply: Strategic Consulting $290 per hour Valuation Actuary $190 per hour Compliance Specialist $105 per hour Actuarial Analyst $95 per hour Administration $50 per hour c.Itemized Fee Proposal a)Importing City Employee and Police data and payroll records. Lump Sum Amount,$600. b)Provide general adviceandcounselonthePlans and benefit structures on possibleplanchangesandimprovements.See hourly rates. c)Calculateand report thecostofchangesinbenefit structure forthe purpose ofrunwaymodelsand projections.Dependson specific study requested;generally ranges from $1,750 to $3,500 perstudyafter baseline established.Totalfeesfor similar assignments for other Florida cities have ranged from $15,000 to $30,000. d)Meet,asnecessary,withthePensionAdHocCommitteeandCity Staff to explain changes totheFundand actuarial assumptions.Based on certain projectionsorchanges.Seehourlyrates. e)Anticipated Expense Structure (i.e.,copyperpageamount,etc.). Production expenses included inhourlyrates;travel expenses are actual outofpocketexpenseswithnomarkup. Concepts HoldHarmlessandIndemnityClause Actuarial Concepts 6/%U <2^Jm-l^i Michael J.Tierney/ Contractor shall inderrrnify^clefend and hold harmless the City of South Miami,its elected and appointed officials,employees and agents for any and all suits,actions, legal or administrative proceedings,claims,damage,liabilities,interest,attorney's fees, costs of any kind whether arising prior to the start of activities or following the completion or acceptance andin any manner directly or indirectly caused,occasioned or contributed toin whole orinpartby reason ofany act,erroror omission,fault or negligence whether active or passive by the contract,or anyone acting under its direction,control,or on its behalf in connection with or incident to its performance of the contract. Actuarial Concepts Qhccc<3dA-//J^uiAjj MichaelJ.Tierney further certifies that it will meet all insurance requirements of the City of South Miami and agrees toproduce valid,timely certificates of coverage. 11 Concepts 12 Declaration The undersigned,as Proposer (herein used in the masculine singular,irrespective of actual gender and number),declares under oath that no other person has any interest in this proposal or in any resulting agreements to which this proposal pertains,that this proposal is not made with connection or arrangement with any other persons and without collusion or fraud. The Proposer further declares that he has complied in every respect with all the instructions to Proposer,that he has read all addenda,if any,issued prior to the opening of Proposals,andthathehas satisfied himself fully relative to all matters and conditions with respect to the general conditions of the agreement and all relevant information towhichthisproposal pertains. Actuarial Concepts MichaelJ.Tierney Concepts DRUG FREE WORKPLACE Actuarial Consulting Services Whenevertwoormore Bids which are equal withrespectto price,quality andservicearereceivedbytheState or by any political subdivisions forthe procurement of commodities or contractual services,a Bid received from a business thatcertifiesthatithas implemented a drug-free workplace program shall be given preferenceinthe award process.Established procedures for processing tie Bids will be followed if noneofthe tied vendors have a drug-free workplace program.In orderto have a drug-free workplace program,a business shall: 1)Publish astatement notifying employees thatthe unlawful manufacture,distribution,dispensing, possession,or use ofa controlled substance is prohibited in the workplace and specifying the actions that will be taken against employeesforviolationsofsuchprohibition. 2)Inform employees about the dangers of drug abuse in the workplace,the business'policy of maintaining a drug-free workplace,any available drug counseling,rehabilitation,and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3)Give each employee engaged in providing the commodities or contractual services that are under Bid a copy ofthestatement specified in Subsection (I). 4)In the statement specified in Subsection (I),notify the employees,that,as a condition of working ofthe commodities orcontractualservicesthatareunder Bid,heemployee will abidebythetermsofthe statement and will notify the employee of any conviction of,or plea of guilty or nolo contendere to.any violation of Chapter 893 orof any controlled substance law of the United States or any state,for a violation occurring in the workplace nolaterthan five (5)daysaftersuch conviction. 5)Impose a sanction on,or require the satisfactory participation in a drug abuse assistance or rehabilitation program,if such is available in the employee's community,by any employee who is so convicted. 6)Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement,I certify that this firm complies fully with the above requirements. 1 GbtL //\04/VLbBIDDER'S Signature: Print Name:MICHAEL J.TIERNEY Date-OCTOBER 18,2010 South Miami Actuarial Consulting Services RFP 2010-16 20of23 ACKNOWLEDGEMENT OFCONFORMANCEWITHOSHASTANDARDS Actuarial Consulting Services TO THE CITY OF SOUTH MIAMI We,A^-TIIARTAT,r.ONCFPTS •(Name of Contractor),hereby acknowledge and agree that as Contractors for the Pension Plan Administration Services,as specified have the sole responsibility for compliance with all the requirements of the Federal Occupational Safety and Health Act of 1970,and all State and local safety and health regulations,and agree to indemnify and hold harmless the City of South Miami of South Miami and Non-Applicable,against any and all liability,claims,damages,losses and expenses they may incur due to the failure of (subcontractor's names): NOT APPLICABLE to comply withsuchactor regulation. CONTRACTOR ACTUARIAL CONCEPTS Witness RY:MICHAEL J.TIERNEY Name PRESIDENT Title South Miami Actuarial Consulting Services RFP 2010-16 21 of 23 NQN-CQLLUSIQN AFFIDAVIT STATE OF FLORIDA ) COUNTY OF MIAMI-DADE MICHAEL J.TIERNEY Actuarial Consulting Services beingfirstduly sworn,deposes andsaysthat: (I) (Owner,Partner,Officer,RepresentativeorAgent)of ACTUARIAL CONCEPTS He/She/They is/are the OWNF.T?-PRF.STnF.NT the BIDDER that has submitted the attached Bid; (2)He/She/They is/are fully informed respecting the preparation and contentsofthe attached Bid and of all pertinentcircumstancesrespectingsuch Bid; (3)Such Bid isgenuineandisnota collusive orsham Bid; (4)Neither the said BIDDER nor any of its officers,partners,owners,agents,representatives,employees or parties in interest,including this affiant,have in any way colluded,conspired,connived or agreed,directly or indirectly,with any other BIDDER,firm,or person to submit a collusive or sham Bid in connection with the Work for which theattached Bid hasbeensubmitted;ortorefrainfrom Bidding in connection withsuchWork;orhave in any manner,directly or indirectly,sought by agreement or collusion,or communication,or conference with any BIDDER,firm,or person to fix any overhead,profit,or cost elements of the Bid orof any other BIDDER,orto fix any overhead,profit,orcost elements of the Bid Price or the Bid Price of any other BIDDER,orto secure through any collusion,conspiracy,connivance,or unlawful agreement any advantage against (Recipient),or any personinterestedintheproposedWork; (5)The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy,connivance,or unlawful agreement on the part of the BIDDER or any other of its agents, representatives,owners,employees or parties of interest,including this affiant. Signed,sealed and delivered in the presence of: tnes Witness South Miami Actuarial Consulting Services By:^AMjOjaJ^^ Signature MICHAEL J.TIERNEY,OWNER-PRESIDENT Print Name and Title OCTOBER 18,2010 Date RFP 2010-15 of 23 ACKNOWLEDGEMENT STATE OF FLORIDA ) COUNTY OF-MIAMI DAP&^/^^C kHJ On this the /&day of OO^f&S&Z-.,2007:before me,the undersigned Notary Public of the State of Florida,personally appeared(Name(s)of individual(s)whoappearedbefore notary)^V(g^^^rr^l^L^z>/and whose name(s)is/are Subscribed^totht within instrument,and he/she/theyle/they acknowle<ledgethat he/she/they executed it. WITNESSmyhandandofficialseal.G^^^ ic.State of Fl NOTARY PUBLIC: SEAL OF OFFICE: 4#¥%.JOSE A$ARRgR»ry p,bj :JLJh_S MY COMMISSION #DD933432 ^vfSlffi EXPIRES October 15,2013 (407)398-0153 FloridaNolarySGfvice.com rf.^a^^e^>e^ (NameofNotary Public:Print,Stamportypeas commissioned.) Personally known tome.or Personal identification: Typeof Identification Produced Did take an oath,or Did Not take an oath. South Miami Actuarial Consulting Services RFP20I0-I6 6 of 23 PUBLIC ENTITY CRIMES AND CONFLICTS OF INTEREST Actuarial Consulting Services Pursuant tothe provisions of Paragraph (2)(a)of Section 287.133,Florida StateStatutes-"Apersonor affiliate whohasbeen placed onthe convicted vendorlist following a conviction fora public entitycrime may not submit a Bid onaContracttoprovideanygoodsor services toa public entity,may notsubmita Bid onaContractwitha public entity forthe construction of repair ofa public building or public work,may not submit bids on leases or real propertytoa public entity,may notbe awarded to perform WorkasaContractor,supplier,Subcontractor, orConsultantundera Contract withany public entity,and may nottransactbusinesswithany public entityin excessofthethresholdamountCategoryTwoof Section 287.017,Florida Statutes,forthirtysix(36)months fromthedateofbeingplacedontheconvictedvendorlist". Theawardofanycontracthereunderissubjecttothe provisions ofChapter 112,Florida StateStatutes. BIDDERS mustdisclosewiththeir Bids,thenameofany officer,director,partner,associateoragentwhoisalso anofficer or employeeofSouth Miami or itsagencies. SWORN STATEMENT PURSUANT TO SECTION 287.133 (3)(a), FLORIDA STATUTES.ON PUBLIC ENTITY CRIMES THISFORMMUSTBESIGNED AND SWORN TO INTHE PRESENCE OFA NOTARY PUBLICOROTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. I.This sworn statement is submitted to CITYOF SOUTH MIAMI for [printnameofthepublicentity] by MICHAEL J.TIERNEY,PRESIDENT [print individual's nameandtide] ACTUARIAL CONCEPTS [printnameofentity submitting sworn statement] ......2950HALCYON LANE,SUITE402whosebusinessaddressis!-— JACKSONVILLE FL 32223 and (if applicable)its Federal Employer Identification Number (FEIN)is 59-2921222 (If the entity has no FEIN,include the Social Security Number ofthe individual signing this sworn statement: •) 2.I understand thata "public entity crime"as defined in Paragraph 287.133 (l)(g).Florida Statutes, means a violation of any stateor federal law by a person with respect to and directly related tothe transaction of business with any public entity or with an agency or political subdivision of any otherstateorofthe United States, including,butnot limited to,any bid or contract for goods or services tobe provided to any public entity oran agency or political subdivision of any other state orofthe United States and involving antitrust,fraud,theft, bribery,collusion,racketeering,conspiracy,or material misrepresentation. 3.I understand that "convicted"or "conviction"as defined inParagraph 287.133(1 )(b),FloridaStatutes. means a finding of guilt ora conviction ofa public entity crime,with or without an adjudication of guilt,in any South Miami Actuarial Consulting Services RFP 2010-16 17 of23 federal or state trial court of record relating to charges brought by indictment or information after July I,1989,as a result ofa jury verdict,non-jury trial,or entry ofa plea of guilty or nolo contendere. 4.I understandthatan "affiliate"asdefinedin Paragraph 287.133(1 )(a).FloridaStatutes,means: (a)A predecessor or successor ofa person convicted ofa public entity crime;or (b)An entity under the control of any natural person who is active in the management of the entity and who has been convicted ofa public entity crime.Theterm "affiliate"includes those officers,directors,executives, partners,shareholders,employees,members,and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in any person,ora pooling of equipment or income among persons when not for fair market value under an arm's length agreement,shall be a prima facie case that one person controls another person.A person who knowingly enters into a joint venture with a person who has been convicted ofa public entity crime in Florida during the preceding 36 months shallbe considered an affiliate. 5.I understand thata"person"as defined in Paragraph 287.133 (l)(e),Florida Statutes,means any natural person or entity organized under the laws of any state orofthe United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity,or which otherwise transacts or applies to transact business with a public entity.The term "person"includes those officers,directors,executives,partners,shareholders,employees,members,and agents whoareactivein management ofan entity. 6.Based on information and belief,the statement which I have marked below istrue in relation tothe entity submitting this sworn statement.[Indicate which statement applies.] X Neither the entity submitting this sworn statement,nor any of its officers,directors,executives,partners, shareholders,employees,members,or agents who are active in the management of the entity,nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1,1989. The entity submitting this sworn statement,or one or more of its officers,directors,executives,partners, shareholders,employees,members,or agents who are active in the management ofthe entity,or an affiliate of the entity has been charged with and convicted ofa public entity crime subsequent to July 1,1989. The entity submitting this sworn statement,or one or more of its officers,directors,executives,partners, shareholders,employees,members,or agents who are active in the management of the entity,or an affiliate of the entity has been charged with and convicted ofa public entity crime subsequent of July I.1989.However,there has been a subsequent proceeding before a Hearing Officer ofthe State of Florida,Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined thatit was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list,{attach a copy of the final order.] I UNDERSTAND THATTHE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY INDENTIFIED IN PARAGRAPH I (ONE)ABOVE IS FOR THAT PUBLIC ENTITY ONLY.AND THATTHISFORM IS VALID THROUGH DECEMBER 31 OFTHECALENDARYEAR IN WHICH IT IS FILED.I ALSO UNDERSTANDTHAT I AM REQUIRED TO INFORM THE PUBLIC ENTITYPRIORTO ENTERING INTO A CONTRACT IN EXCESSOFTHETHRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDASTATUTES.FOR CATEGORY TWO OFANY CHANGE INTHE INFORMATION CONTAINED IN THIS FORM. UiLLa*!.It* [Signature] South Miami Actuarial Consulting Services RFP 2010-16 18 of23 Sworn to and subscribed beforeme this /7. Personally known cS^- OR Produced identification (Typeof identification) Form PUR 7068 (Rev.06/1 1/92) South Miami Actuarial Consulting Services dayof £&rf%>£>2-,201k ^ Notary Public-State of ^U^K^g- My commission expires (Printed,typedorstampedcommissioned nameof notary public) #Y%JOSE A BARRERA !*(jnji MY COMMISSION #DD933432 VSfW exP!RHS October 15,2013 (407)398-0153 FlorldaNolaryScrvice.com RFP20I0-I6 19 of 23