12/12/2016Monday, December 12, 2016
1:00 PM
City of Clearwater
City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
Council Chambers
Pension Trustees
Meeting Agenda
December 12, 2016Pension Trustees Meeting Agenda
1. Call To Order
2. Approval of Minutes
2.1 Approve the minutes of the November 15, 2016 Pension Trustees Meeting as
submitted in written summation by the City Clerk.
3. Citizens to be Heard Regarding Items Not on the Agenda
4. New Business Items
4.1 Approve the new hires for acceptance into the Pension Plan as listed.
4.2 Approve the following request of employee Richard Riley, Fire Department to
vest his pension as provided by Section 2.419 of the Employees’ Pension Plan.
4.3 Approve the following request of employees William Harding, Police
Department, Christopher Squitieri, Police Department, and Christopher White,
Police Department for a regular pension as provided by Sections 2.416 and
2.424 of the Employees’ Pension Plan.
4.4 Award a contract for pension plan actuarial services for the five-year period
ending December 31, 2021 to Gabriel, Roeder, Smith and Company for a
not-to-exceed amount of $165,850 and authorize the appropriate officials to
execute same.
5. Adjourn
Page 2 City of Clearwater Printed on 12/7/2016
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#16-3007
Agenda Date: 12/12/2016 Status: Agenda ReadyVersion: 1
File Type: MinutesIn Control: Pension Trustees
Agenda Number: 2.1
SUBJECT/RECOMMENDATION:
Approve the minutes of the November 15, 2016 Pension Trustees Meeting as submitted in
written summation by the City Clerk.
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 12/7/2016
Pension Trustees Meeting Minutes November 15, 2016
City of Clearwater
City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
Meeting Minutes
Tuesday, November 15, 2016
9:00 AM
Council Chambers
Pension Trustees
Page 1 City of Clearwater Draft
Pension Trustees Meeting Minutes November 15, 2016
Roll Call
Present 5 - Chair George N. Cretekos, Trustee Doreen Caudell, Trustee Bob
Cundiff, Trustee Hoyt Hamilton, and Trustee Bill Jonson
Also Present – William B. Horne – City Manager, Jill Silverboard – Deputy City
Manager, Pamela K. Akin – City Attorney, Rosemarie Call – City
Clerk, Nicole Sprague – Official Records and Legislative Services
Coordinator, and Joe Roseto – Human Resources Director
To provide continui ty for research, items are listed in agenda order although not
ne cessarily discussed in that order.
Unapproved
1. Call To Order – Chair Cretekos
The meeting was called to order at 10:23 a.m. at City Hall.
2. Approval of Minutes
2.1 Approve the minutes of the October 17, 2016 Pension Trustees Meeting as submitted
in written summation by the City Clerk.
Trustee Jonson moved to approve the minutes of the October 17,
2016 Pension Trustees Meeting as submitted in written summation
by the City Clerk. The motion was duly seconded and carried
unanimously.
3. Citizens to be Heard Regarding Items Not on the Agenda – None.
4. New Business Items
4.1 Approve the new hires for acceptance into the Pension Plan as listed.
Name/Job Classification/Department Pension Eligibility
Date
Travis Lee *,Solid Waste Worker, Solid Waste 09/05/2016
Bridget McCord, Police Information Technician I, Police 09/06/2016
Garth Carson, Wastewater Treatment Plant Op. Trainee, Public Utilities 09/06/2016
Jon Page, Wastewater Treatment Plant Operator, Public Utilities 09/06/2016
Ucal Morrison, Solid Waste Equipment Operator, Solid Waste 09/06/2016
Graham Donaldson **, Marine Facility Operator, Marine and Aviation 09/17/2016
Page 2 City of Clearwater Draft
Pension Trustees Meeting Minutes November 15, 2016
* Travis Lee was employed in temporary position from 06/27/2016 to
09/04/2016, and then transferred to a full time position on 09/05/2016. He will
be eligible for pension as of 09/05/2016.
** Graham Donaldson was employed in temporary position from 04/21/2016 to
07/07/2016, and then a part time position from 07/09/2016 to 09/16/2016. He
was hired into a full time position on 09/17/2016 and will be eligible for pension
on 09/17/2016.
Trustee Caudell moved to approve the new hires for acceptance
into the Pension Plan as listed. The motion was duly seconded and
carried unanimously.
4.2 Recommend approval of the following request of employees Barbara Hagen, Gas
Department, Linda Ratcliffe, Library Department, Steven Sears, Police Department,
Charles Sheldon, Solid Waste General Services and Robert Weiss, Fire Department,
for a regular pension as provided by Sections 2.416 and 2.424 of the Employees’
Pension Plan.
Barbara Hagen, Gas Program Coordinator, Gas Department, was employed by
the City on July 9, 1990, and her pension service credit is effective on that
date. Her pension will be effective October 1, 2016. Based on an average
salary of approximately $61,275.85 over the past five years, the formula for
computing regular pensions and Ms. Hagen’s selection of the Joint and
Survivor Annuity, this pension benefit will be approximately $44,130.48
annually.
Linda Ratcliffe, Library Assistant, Library Department, was employed by the
City on December 9, 1985, and her pension service credit is effective
December 10, 1993. Her pension will be effective September 1, 2016. Based
on an average salary of approximately $34,075.86 over the past five years, the
formula for computing regular pensions and Ms. Ratcliffe’s selection of the 10
Year Certain and Life Annuity, this pension benefit will be approximately
$20,648.52 annually.
Steven Sears, Police Sergeant, Police Department, was employed by the City
on October 19, 1992, and his pension service credit is effective on that date.
His pension will be effective October 1, 2016. Based on an average salary of
approximately $101,228.68 over the past five years, the formula for computing
regular pensions and Mr. Sears’ selection of the 100% Joint and Survivor
Annuity, this pension benefit will be approximately $65,238.60 annually.
Charles Sheldon, Licensed Electrician, Solid Waste General Services
Department, was employed by the City on October 27, 1986, and his pension
service credit is effective on that date. His pension will be effective November
1, 2016. Based on an average salary of approximately $60,711.85 over the
past five years, the formula for computing regular pensions and Mr. Sheldon’s
selection of the 100% Joint and Survivor Annuity with a 20% Partial Lump
Page 3 City of Clearwater Draft
Pension Trustees Meeting Minutes November 15, 2016
Sum, this pension benefit will be approximately $37,183.44 annually.
Robert Weiss, Fire Chief, Fire Department, was employed by the City on
February 19, 2005, and his pension service credit is effective on that date. His
pension will be effective November 1, 2016. Based on an average salary of
approximately $118,895.92 over the past five years, the formula for computing
regular pensions and Mr. Weiss’ selection of the 100% Joint and Survivor
Annuity, this pension benefit will be approximately $37,014.60 annually.
Section 2.416 provides for normal retirement eligibility for non-hazardous duty
employees hired prior to the effective date of this reinstatement (January 1,
2013), a member shall be eligible for retirement following the earlier of the date
on which a participant has reached the age of fifty-five years and completed
twenty years of credited service; the date on which a participant has reached
age sixty-five years and completed ten years of credited service; or the date on
which a member has completed thirty years of service regardless of age. For
non-hazardous duty employees hired on or after the effective date of this
restatement, a member shall be eligible for retirement following the earlier of
the date on which a participant has reached the age of sixty years and
completed twenty-five years of credited service; or the date on which a
participant has reached the age of sixty-five years and completed ten years of
credited service. Ms. Hagen, Ms. Ratcliffe and Mr. Sheldon have met the
non-hazardous duty criteria.
Section 2.416 provides for normal retirement eligibility for hazardous duty
employees, a member shall be eligible for retirement following the earlier of the
date on which the participant has completed twenty years of credited service
regardless of age, or the date on which the participant has reached fifty-five
years and completed ten years of credited service. Mr. Sears and Mr. Weiss
have met the hazardous duty criteria.
Trustee Cundiff moved to approve the following request of
employees Barbara Hagen, Gas Department, Linda Ratcliffe,
Library Department, Steven Sears, Police Department, Charles
Sheldon, Solid Waste General Services and Robert Weiss, Fire
Department, for a regular pension as provided by Sections 2.416
and 2.424 of the Employees’ Pension Plan. The motion was duly
seconded and carried unanimously.
4.3 Recommend approval of the following request of employees Lynne Marchitello, Parks
and Recreation Department and Todd Voigt, Public Utilities Department, to vest their
pensions as provided by Section 2.419 of the Employees’ Pension Plan.
Lynne Marchitello, Parks Service Tech II, Parks and Recreation Department,
was employed by the City on July 24, 2006, and began participating in the
Pension Plan on that date. Ms. Marchitello terminated from City employment
on August 30, 2016.
Todd Voigt, Water Distribution Supervisor I, Public Utilities Department, was Page 4 City of Clearwater Draft
Pension Trustees Meeting Minutes November 15, 2016
employed by the City on May 1, 1989, and began participating in the Pension
Plan on that date. Mr. Voigt terminated from City employment on August 5,
2016.
The Employees’ Pension Plan provides that should an employee cease to be
an employee of the City of Clearwater or change status from full-time to
part-time after completing ten or more years of creditable service (pension
participation), such employee shall acquire a vested interest in the retirement
benefits. Vested pension payments commence on the first of the month
following the month in which the employee normally would have been eligible
for retirement.
Section 2.416 provides for normal retirement eligibility for non-hazardous duty
employees hired prior to the effective date of this reinstatement (January 1,
2013), a member shall be eligible for retirement following the earlier of the date
on which a participant has reached the age of fifty-five years and completed
twenty years of credited service; the date on which a participant has reached
age sixty-five years and completed ten years of credited service; or the date on
which a member has completed thirty years of service regardless of age. For
non-hazardous duty employees hired on or after the effective date of this
restatement, a member shall be eligible for retirement following the earlier of
the date on which a participant has reached the age of sixty (60) years and
completed twenty-five years of credited service; or the date on which a
participant has reached the age of sixty-five years and completed ten years of
credited service. Ms. Marchitello will meet the non-hazardous duty criteria and
begin collecting a pension in June 2022. Mr. Voigt will meet the
non-hazardous duty criteria and begin collecting a pension in September 2017.
Section 2.416 provides for normal retirement eligibility for hazardous duty
employees, a member shall be eligible for retirement following the earlier of the
date on which the participant has completed twenty years of credited service
regardless of age, or the date on which the participant has reached fifty-five
years and completed ten years of credited service.
Trustee Hamilton moved to approve the following request of
employees Lynne Marchitello, Parks and Recreation Department
and Todd Voigt, Public Utilities Department, to vest their pensions
as provided by Section 2.419 of the Employees’ Pension Plan. The
motion was duly seconded and carried unanimously.
Page 5 City of Clearwater Draft
Pension Trustees Meeting Minutes November 15, 2016 5. Adjourn
The meeting adjourned at 10:25 a.m.
Chair
Employees’ Pension Plan Trustees
Attest
City Clerk
Page 6 City of Clearwater Draft
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#16-2979
Agenda Date: 12/12/2016 Status: Agenda ReadyVersion: 2
File Type: Action ItemIn Control: Pension Trustees
Agenda Number: 4.1
SUBJECT/RECOMMENDATION:
Approve the new hires for acceptance into the Pension Plan as listed.
SUMMARY:
Name/Job Classification/Department Pension Eligibility Date
Catherine Cotton *, Fire Inspector II, Fire 10/03/2016
Jordan Tellone, Fire Medic, Fire 10/03/2016
James Griffin, Fire Medic, Fire 10/03/2016
Chase Westbrook, Fire Medic, Fire 10/03/2016
Logan Chaple, Fire Medic, Fire 10/03/2016
Michael McKnight, Fire Medic, Fire 10/03/2016
Jack Cresap, Fire Medic, Fire 10/03/2016
George Lewis-Saldana, Fire Medic, Fire 10/03/2016
Derek Silver, Fire Medic, Fire 10/03/2016
Patrick Curry, Fire Medic, Fire 10/03/2016
Chris Smaha, Fire Medic, Fire 10/03/2016
Eric Rodriguez, Fire Medic, Fire 10/03/2016
Carlos Rivera, Fire Medic, Fire 10/03/2016
Jason Lubecki, Parks Service Technician I, Parks and Recreation 10/03/2016
Karlen Harrison Kane **, Librarian I, Library 10/15/2016
Amanda DeWitt ***, Library Assistant, Library 10/15/2016
Danielle Jansen ****, Library Assistant, Library 10/15/2016
Sarah Jameson *****, Librarian I, Library 10/15/2016
Chris Lanni, Parks Service Technician I, Parks and Recreation 10/17/2016
Garrett Banks, Police Officer, Police 10/17/2016
James Brady, Police Officer, Police 10/17/2016
Jesse Leeman, Police Officer, Police 10/17/2016
Christopher Roberts, Police Officer, Police 10/17/2016
Cody Steele, Police Officer, Police 10/17/2016
James “Ethan” Yazinski, Police Officer, Police 10/17/2016
Michael Bright, Solid Waste Worker, Solid Waste 10/17/2016
Ryan Alexander, Waste Water Treatment Plant Operator, Public Utilities 10/17/2016
Hector Noyas, Fire Inspector II, Fire 10/24/2016
* Catherine Cotton was previously employed from 01/23/2006 to 12/27/2006. She was rehired
on 10/03/2016 and will be eligible for pension on 10/03/2016.
** Karlen Harrison Kane was employed in a part time position from 11/16/2015 to 10/14/2016
and hired into a full time position on 10/15/2016. She will be eligible for pension as of
Page 1 City of Clearwater Printed on 12/7/2016
File Number: ID#16-2979
10/15/2016.
*** Amanda DeWitt was employed in a temporary position from 12/07/2015 to 03/30/2016 and
a part time position from 04/02/2016 to 10/14/2016. She was hired into a full time position on
10/15/2016 and will be eligible for pension as of 10/15/2016.
**** Danielle Jansen was employed in a temporary position from 05/27/2015 to 08/072015 and
a part time position from 08/08/2015 to 10/14/2016. She was hired into a full time position on
10/15/2016 and will be eligible for pension as of 10/15/2016.
***** Sarah Jameson was employed in a part time position from 09/08/2014 to 10/14/2016.
She was hired into a full time position on 10/15/2016 and will be eligible for pension as of
10/15/2016.
APPROPRIATION CODE AND AMOUNT:
N/A
USE OF RESERVE FUNDS:
N/A
Page 2 City of Clearwater Printed on 12/7/2016
Interoffice Correspondence Sheet
TO:Pension Advisory Committee
FROM:Joseph Roseto, Human Resources Director
SUBJECT:Recommendation for Acceptance into Pension Plan
DATE:
Subject/Recommendation: Recommend approval of the new hires for acceptance into the Pension Plan as listed.
Name Job Classification Department
Pension
Eligibility
Date
Catherine Cotton *Fire Inspector II Fire 10/03/2016
Jordan Tellone Fire Medic Fire 10/03/2016
James Griffin Fire Medic Fire 10/03/2016
Chase Westbrook Fire Medic Fire 10/03/2016
Logan Chaple Fire Medic Fire 10/03/2016
Michael McKnight Fire Medic Fire 10/03/2016
Jack Cresap Fire Medic Fire 10/03/2016
George Lewis-Saldana Fire Medic Fire 10/03/2016
Derek Silver Fire Medic Fire 10/03/2016
Patrick Curry Fire Medic Fire 10/03/2016
Chris Smaha Fire Medic Fire 10/03/2016
Eric Rodriguez Fire Medic Fire 10/03/2016
Carlos Rivera Fire Medic Fire 10/03/2016
Jason Lubecki Parks Service Technician I Parks and Recreation 10/03/2016
Karlen Harrison Kane **Librarian I Library 10/15/2016
Amanda DeWitt ***Library Assistant Library 10/15/2016
Danielle Jansen ****Library Assistant Library 10/15/2016
Sarah Jameson *****Librarian I Library 10/15/2016
Chris Lanni Parks Service Technician I Parks and Recreation 10/17/2016
Garrett Banks Police Officer Police 10/17/2016
James Brady Police Officer Police 10/17/2016
Jesse Leeman Police Officer Police 10/17/2016
Christopher Roberts Police Officer Police 10/17/2016
Cody Steele Police Officer Police 10/17/2016
James “Ethan” Yazinski Police Officer Police 10/17/2016
Michael Bright Solid Waste Worker Solid Waste 10/17/2016
Ryan Alexander Waste Water Treatment Plant Operator Public Utilities 10/17/2016
Hector Noyas Fire Inspector II Fire 10/24/2016
* Catherine Cotton was previously employed from 01/23/2006 to 12/27/2006. She was rehired on 10/03/2016 and will
be eligible for pension on 10/03/2016.
** Karlen Harrison Kane was employed in a part time position from 11/16/2015 to 10/14/2016 and hired into a full time
position on 10/15/2016. She will be eligible for pension as of 10/15/2016.
*** Amanda DeWitt was employed in a temporary position from 12/07/2015 to 03/30/2016 and a part time position from
04/02/2016 to 10/14/2016. She was hired into a full time position on 10/15/2016 and will be eligible for pension as of
10/15/2016.
**** Danielle Jansen was employed in a temporary position from 05/27/2015 to 08/072015 and a part time position from
08/08/2015 to 10/14/2016. She was hired into a full time position on 10/15/2016 and will be eligible for pension as of
10/15/2016.
***** Sarah Jameson was employed in a part time position from 09/08/2014 to 10/14/2016. She was hired into a full
time position on 10/15/2016 and will be eligible for pension as of 10/15/2016.
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#16-2980
Agenda Date: 12/12/2016 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Pension Trustees
Agenda Number: 4.2
SUBJECT/RECOMMENDATION:
Approve the following request of employee Richard Riley, Fire Department to vest his pension
as provided by Section 2.419 of the Employees’ Pension Plan.
SUMMARY:
Richard Riley, Fire Division Chief, Fire Department, was employed by the City on May 23,
2005, and began participating in the Pension Plan on that date. Mr. Riley terminated from City
employment on October 10, 2016.
The Employees’ Pension Plan provides that should an employee cease to be an employee of
the City of Clearwater or change status from full -time to part-time after completing ten or more
years of creditable service (pension participation ), such employee shall acquire a vested
interest in the retirement benefits. Vested pension payments commence on the first of the
month following the month in which the employee normally would have been eligible for
retirement.
Section 2.416 provides for normal retirement eligibility for non -hazardous duty employees
hired prior to the effective date of this reinstatement (January 1, 2013), a member shall be
eligible for retirement following the earlier of the date on which a participant has reached the
age of fifty-five years and completed twenty years of credited service; the date on which a
participant has reached age sixty -five years and completed ten years of credited service; or
the date on which a member has completed thirty years of service regardless of age. For
non-hazardous duty employees hired on or after the effective date of this restatement, a
member shall be eligible for retirement following the earlier of the date on which a participant
has reached the age of sixty years and completed twenty -five years of credited service; or the
date on which a participant has reached the age of sixty -five years and completed ten years of
credited service.
Section 2.416 provides for normal retirement eligibility for hazardous duty employees, a
member shall be eligible for retirement following the earlier of the date on which the participant
has completed twenty years of credited service regardless of age, or the date on which the
participant has reached fifty -five years and completed ten years of credited service. Mr. Riley
will meet the hazardous duty criteria and begin collecting pension in April 2020.
APPROPRIATION CODE AND AMOUNT:
N/A
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 12/7/2016
File Number: ID#16-2980
N/A
Page 2 City of Clearwater Printed on 12/7/2016
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#16-2981
Agenda Date: 12/12/2016 Status: Agenda ReadyVersion: 2
File Type: Action ItemIn Control: Pension Trustees
Agenda Number: 4.3
SUBJECT/RECOMMENDATION:
Approve the following request of employees William Harding, Police Department, Christopher
Squitieri, Police Department, and Christopher White, Police Department for a regular pension
as provided by Sections 2.416 and 2.424 of the Employees’ Pension Plan.
SUMMARY:
William Harding, Police Officer, Police Department, was employed by the City on July 15,
2002, and his pension service credit is effective on that date. His pension will be effective
November 1, 2016. Based on an average salary of approximately $71,663.95 over the past
five years, the formula for computing regular pensions and Mr. Harding’s selection of the Life
Annuity, this pension benefit will be approximately $28,968.48 annually.
Christopher Squitieri, Police Sergeant, Police Department, was employed by the City on
January 17, 1990, and his pension service credit is effective on that date. His pension will be
effective December 1, 2016. Based on an average salary of approximately $94,916.67 over
the past five years, the formula for computing regular pensions and Mr. Squitieri’s selection of
the 100% Joint and Survivor Annuity, this pension benefit will be approximately $68,707.44
annually.
Christopher White, Police Sergeant, Police Department, was employed by the City on
February 6, 1995, and his pension service credit is effective on that date. His pension will be
effective November 1, 2016. Based on an average salary of approximately $82,952.85 over
the past five years, the formula for computing regular pensions and Mr. White’s selection of
the 100% Joint and Survivor Annuity, this pension benefit will be approximately $48,631.20
annually.
Section 2.416 provides for normal retirement eligibility for non -hazardous duty employees
hired prior to the effective date of this reinstatement (January 1, 2013), a member shall be
eligible for retirement following the earlier of the date on which a participant has reached the
age of fifty-five years and completed twenty years of credited service; the date on which a
participant has reached age sixty -five years and completed ten years of credited service; or
the date on which a member has completed thirty years of service regardless of age. For
non-hazardous duty employees hired on or after the effective date of this restatement, a
member shall be eligible for retirement following the earlier of the date on which a participant
has reached the age of sixty years and completed twenty -five years of credited service; or the
date on which a participant has reached the age of sixty -five years and completed ten years of
Page 1 City of Clearwater Printed on 12/7/2016
File Number: ID#16-2981
credited service.
Section 2.416 provides for normal retirement eligibility for hazardous duty employees, a
member shall be eligible for retirement following the earlier of the date on which the participant
has completed twenty years of credited service regardless of age, or the date on which the
participant has reached fifty -five years and completed ten years of credited service. Mr.
Harding, Mr. Squitieri and Mr. White have met the hazardous duty criteria.
APPROPRIATION CODE AND AMOUNT:
N/A
USE OF RESERVE FUNDS:
N/A
Page 2 City of Clearwater Printed on 12/7/2016
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#16-3064
Agenda Date: 12/12/2016 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Pension Trustees
Agenda Number: 4.4
SUBJECT/RECOMMENDATION:
Award a contract for pension plan actuarial services for the five-year period ending December
31, 2021 to Gabriel, Roeder, Smith and Company for a not-to-exceed amount of $165,850
and authorize the appropriate officials to execute same.
SUMMARY:
Annually, the pension plan requires an actuarial valuation of the plan to determine the City ’s
funding contribution, as well as annual benefit statements to be provided to all employees
participating in the plan. In addition, a separate actuarial valuation is required annually for
financial reporting per Governmental Accounting Standards Board (GASB) requirements. The
State of Florida also requires separate annual reporting from the actuary per Chapter 112.664
Florida Statutes. Finally, the pension plan ordinance requires an actuarial “experience study”
at least every six years, analyzing the mortality, service, and compensation experience to
determine whether related actuarial assumptions require adjustment.
Request for Proposal (RFP) 50-16 was issued in September 2016, with proposals received in
October. The RFP selection committee consisting of the HR Director, HR Manager, Finance
Director, Finance Assistant Director, and the Senior Pension Payroll Analyst, unanimously
chose Gabriel, Roeder, Smith & Company (GRS) from the five respondents for pension plan
actuarial services. GRS has been the actuary for the pension plan since January 2010.
The annual fee for the actuarial valuation for funding purposes, along with employee benefit
statements, will be $18,500. The annual fee for the actuarial valuation for GASB -required
financial reporting purposes is $5,500. The fee for annual reporting required per Chapter
112.664 Florida Statutes will be $3,000. Finally, the experience study fee is $22,500.
Subsequent fees will be adjusted annually for inflation, not to exceed 3% annually. As needed,
additional services will be provided per various hourly rates provided in the agreement fee
schedule, to be adjusted annually.
APPROPRIATION CODE AND AMOUNT:
Funds are available in cost code 646-07410-530100-585-000-0000 to fund this agreement.
Page 1 City of Clearwater Printed on 12/7/2016
Purchasing Office 100 S Myrtle Ave
Clearwater FL 33756-5520
PO Box 4748, 33758-4748
727-562-4633 Tel
v 9/2014
REQUEST FOR PROPOSALS
#50-16
Actuarial and Related Services
September 15, 2016
NOTICE IS HEREBY GIVEN that sealed proposals will be received by the City of Clearwater (City) until
10:00 AM, Local Time, October 20, 2016 to provide Actuarial and Related Services.
Brief Description: The City administers a defined benefit pension plan that requires annual
actuarial services for both funding and financial reporting purposes, in compliance with
Governmental Accounting Standards Board (GASB) and State of Florida reporting requirements.
Additionally, the City has other post-employment benefits (OPEB) that require actuarial services
and similar compliance with GASB and State of Florida reporting requirements, as applicable. The
City also requires related services to include the preparation of annual employee benefit
statements and other actuarial services and advice on a project or fee per hour basis as-needed.
Proposals must be in accordance with the provisions, specifications and instructions set forth herein and
will be received by Purchasing until the above noted time, when they will be publicly acknowledged and
accepted.
Proposal packets, any attachments and addenda are available for download at www.myclearwater.com.
Please read the entire solicitation package and submit the proposal in accordance with the instructions.
This document (less this invitation and the instructions) and any required response documents,
attachments, and submissions will constitute the proposal.
Questions concerning this solicitation should be directed, IN WRITING, to the following contact:
General, Process or Technical Questions:
Alyce Benge, CPPO, C.P.M.
Purchasing Manager
Finance Department
Alyce.Benge@myclearwater.com
INSTRUCTIONS
Actuarial and Related Services 2 RFP #50-16
i.1 VENDOR QUESTIONS: All questions regarding the contents of this solicitation, and solicitation
process (including requests for ADA accommodations), shall be directed solely to the P urchasing
Manager listed on Page 1. Questions should be submitted in writing via letter, fax or email.
Questions received less than seven (7) calendar days prior to the due date and time may be
answered at the discretion of the City.
i.2 ADDENDA/CLARIFICATIONS: Any changes to the specifications will be in the form of an
addendum. Addenda are posted on the City website and mailed to those who register on the City
website when downloading solicitations no less than seven (7) days prior to the Due Date.
Vendors are cautioned to check the Purchasing Website for addenda and clarifications
prior to submitting their proposal. The City cannot be held responsible if a vendor fails to
receive any addenda issued. The City shall not be responsible for any oral changes to these
specifications made by any employees or officer of the City. Failure to acknowledge receipt of an
addendum may result in disqualification of a proposal.
i.3 VENDOR CONFERENCE / SITE VISIT: Yes No
Mandatory Attendance: Yes No
If so designated above, attendance is mandatory as a condition of submitting a proposal. The
conference/site visit provides interested parties an opportunity to discuss the City's ne eds,
inspect the site and ask questions. During any site visit you must fully acquaint yourself with the
conditions as they exist and the character of the operations to be conducted under the resulting
contract.
i.4 DUE DATE & TIME FOR SUBMISSION AND OPENING:
Date: October 20, 2016
Time: 10:00 AM (Local Time)
The City will open all proposals properly and timely submitted, and will record the names and
other information specified by law and rule. All proposals become the property of the City and will
not be returned except in the case of a late submission. Respondent names, as read at the bid
opening, will be posted on the City website. Once a notice of intent to award is posted or 30 days
from day of opening elapses, whichever occurs earlier, proposals are available for inspection by
contacting Purchasing.
i.5 PROPOSAL FIRM TIME: 90 Days from Opening
Proposal shall remain firm and unaltered after opening for the number of days shown above. The
City may accept the proposal, subject to successful contract negotiations, at any time during this
time.
i.6 PROPOSAL SECURITY: Yes $ 0.00 No
If so designated above, a proposal security in the amount specified must be submitted with the
proposal. The security may be submitted in any one of the following forms: an executed surety
bond issued by a firm licensed and registered to transact such business with the State of Florida;
cash; certified check, or cashier's check payable to the City of Clearwater (personal or company
checks are not acceptable); certificate of deposit or any other form of deposit issued by a financial
institution and acceptable to the City. Such proposal security shall be forfeited to the City of
Clearwater should the proposer selected fail to execute a contract when requested.
PERFORMANCE SECURITY: Yes $ 0.00 No
If required herein, the Contractor, simultaneously with the execution of the Contract, will be
required to furnish a performance security. The security may be submitted in one -year increments
and in any one of the following forms: an executed surety bond issued by a firm licensed and
registered to transact such business with the State of Florida; cash; certified check, cashier's
check or money order payable to the City of Clearwater (personal and company checks are not
acceptable); certificate of deposit or any other form of deposit issued by a financial institution and
acceptable to the City. If the Contractor fails or refuses to fully comply with the terms and
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Actuarial and Related Services 3 RFP #50-16
conditions of the contract, the City shall have the right to use all or such part of said security as
may be necessary to reimburse the City for loss sustained by reason of such breach. The
balance of said security, if any, will be returned to Contractor upon the expiration or terminati on of
the contract.
i.7 SUBMIT PROPOSALS TO: Use label at the end of this solicitation package
City of Clearwater
Attn: Purchasing
100 S Myrtle Ave, 3rd Fl, Clearwater FL 33756-5520
or
PO Box 4748, Clearwater FL 33758-4748
Proposals will be received at this address. Proposers may mail or hand-deliver proposals; e-mail
or fax submissions will not be accepted.
No responsibility will attach to the City of Clearwater, its employees or agents for premature
opening of a proposal that is not properly addressed and identified.
i.8 LATE PROPOSALS. The proposer assumes responsibility for having the proposal delivered on
time at the place specified. All proposals received after the date and time specified shall not be
considered and will be returned unopened to the proposer. The proposer assumes the risk of any
delay in the mail or in handling of the mail by employees of the City of Clearwater, or any private
courier, regardless whether sent by mail or by means of personal delivery. It shall not be
sufficient to show that you mailed or commenced delivery before the due date and time. All times
are Clearwater, Florida local times. The proposer agrees to accept the time stamp in the City
Purchasing Office as the official time.
i.9 LOBBYING PROHIBITION. The purpose of this prohibition is to preserve the integrity of the
procurement process. Any communication regarding this solicitation for the purpose of
influencing the process or the award, between any person or affiliates seeking an award from this
solicitation and the City, including but not limited to the City Council, employees, and consultants
hired to assist in the solicitation, is prohibited.
This prohibition is imposed from the time of the first public notice of the solicitation until the City
cancels the solicitation, rejects all responses, awards a contract or otherwise takes action which
ends the solicitation process. This section shall not prohibit public comment at any City Council
meeting, study session or Council committee meeting.
This prohibition shall not apply to vendor-initiated communication with the contact(s) identified in
the solicitation or City-initiated communications for the purposes of conducting the procurement
including but not limited to pre-bid conferences, clarification of responses, presentations if
provided in the solicitation, requests for Best and Final Proposals, contract negotiations,
protest/appeal resolution, or surveying non-responsive vendors.
Violations of this provision shall be reported to the Purchasing Manager. Persons violating this
prohibition may be subject to a warning letter, rejection of their response depending on the nature
of the violation, and/or debarment of the proposer as provided in Clearwater’s Purchasing Policy
and Procedures, Section 27.
i.10 COMMENCEMENT OF WORK. If proposer begins any billable work prior to the City’s final
approval and execution of the contract, proposer does so at its own risk.
i.11 RESPONSIBILITY TO READ AND UNDERSTAND. Failure to read, examine and understand
the solicitation will not excuse any failure to comply with the requirements of the solicitation or any
resulting contract, nor shall such failure be a basis for claiming additional compensation. If a
vendor suspects an error, omission or discrepancy in this solicitation, the vendor must
immediately and in any case not later than seven (7) business days in advance of the due date
notify the contact on page one (1). The City is not responsible for and will not pay any costs
associated with the preparation and submission of the proposal. Proposers are cautioned to
verify their proposals before submission, as amendments to or withdrawal of proposals submitted
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Actuarial and Related Services 4 RFP #50-16
after time specified for opening of proposals may not be considered. The City will not be
responsible for any proposer errors or omissions.
i.12 FORM AND CONTENT OF PROPOSALS. Unless otherwise instructed or allowed, proposals
shall be submitted on the forms provided. An original and the designated number of copies of
each proposal are required. Proposals, including modifications, must be submitted in ink, typed,
or printed form and signed by an authorized representative. Please line through and initial rather
than erase changes. If the proposal is not properly signed or if any changes are not initialed, it
may be considered non-responsive. In the event of a disparity between the unit price and the
extended price, the unit price shall prevail unless obviously in error , as determined by the City.
The City may require that an electronic copy of the proposal be submitted. The proposal must
provide all information requested and must address all points. The City does not encourage
exceptions. The City is not required to grant exceptions and depending on the exception, the City
may reject the proposal.
i.13 SPECIFICATIONS. Technical specifications define the minimum acceptable standard. When the
specification calls for “Brand Name or Equal,” the brand name product is acceptable. Other
products will be considered upon showing the other product meets stated specifications and is
equivalent to the brand product in terms of quality, performance and desired characteristics.
Minor differences that do not affect the suitability of the supply or service for the City’s needs ma y
be accepted. Burden of proof that the product meets the minimum standards or is equal to the
brand name product is on the proposer. The City reserves the right to reject proposals that the
City deems unacceptable.
i.14 MODIFICATION / WITHDRAWAL OF PROPOSAL. Written requests to modify or withdraw the
proposal received by the City prior to the scheduled opening time will be accepted and will be
corrected after opening. No oral requests will be allowed. Requests must be addressed and
labeled in the same manner as the proposal and marked as a MODIFICATION or WITHDRAWAL
of the proposal. Requests for withdrawal after the bid opening will only be granted upon proof of
undue hardship and may result in the forfeiture of any proposal security. Any withdrawal after the
bid opening shall be allowed solely at the City’s discretion.
i.15 DEBARMENT DISCLOSURE. If the vendor submitting a proposal has been debarred,
suspended, or otherwise lawfully precluded from participating in any public procurement activity,
including being disapproved as a subcontractor with any federal, state, or local government, or if
any such preclusion from participation from any public procurement activity is currently pending,
the proposer shall include a letter with its proposal identifying the name and address of the
governmental unit, the effective date of this suspension or debarment, the duration of the
suspension or debarment, and the relevant circumstances relating to the suspension or
debarment. If suspension or debarment is currently pending, a detailed description of all relevant
circumstances including the details enumerated above must be provided. A proposal from a
proposer who is currently debarred, suspended or otherwise lawfully prohibited from any public
procurement activity may be rejected.
i.16 RESERVATIONS. The City reserves the right to reject any or all proposals or any part thereof; to
rebid the solicitation; to reject non-responsive or non-responsible proposals; to reject unbalanced
proposals; to reject proposals where the terms, prices, and/or awards are conditioned upon
another event; to reject individual proposals for failure to meet any requirement; to award by item,
part or portion of an item, group of items, or total; to make multiple awards; to waive minor
irregularities, defects, omissions, technicalities or form errors in any proposal. The City may seek
clarification of the proposal from proposer at any time, and failure to respond is cause for
rejection. Submission of a proposal confers on proposer no right to an award or to a subsequent
contract. The City is responsible to make an award that is in the best interest of the City. All
decisions on compliance, evaluation, terms and conditions shall be made solely at the City’s
discretion and made to favor the City. No binding contract will exist between the proposer and
the City until the City executes a written contract or purchase order.
i.17 OFFICIAL SOLICITATION DOCUMENT. Changes to the solicitation document made by a
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Actuarial and Related Services 5 RFP #50-16
proposer may not be acknowledged or accepted by the City. Award or execution of a contract
does not constitute acceptance of a changed term, condition or specification unless specifically
acknowledged and agreed to by the City. The copy maintained and published by the City shall be
the official solicitation document.
i.18 COPYING OF PROPOSALS. Proposer hereby grants the City permission to copy all parts of its
proposal, including without limitation any documents and/or materials copyrighted by the
proposer. The City’s right to copy shall be for internal use in evaluating the proposal.
i.19 CONTRACTOR ETHICS. It is the intention of the City to promote courtesy, fairness, impartiality,
integrity, service, professionalism, economy, and government by law in the Procurement process.
The responsibility for implementing this policy rests with each individual who participates in the
Procurement process, including Respondents and Contractors.
To achieve this purpose, it is essential that Respondents and Contractors doing business with the
City also observe the ethical standards prescribed herein. It shall be a breach of ethical
standards to:
a. Exert any effort to influence any City employee or agent to breach the standards of ethical
conduct.
b. Intentionally invoice any amount greater than provided in Contract or to invoice for Materials
or Services not provided.
c. Intentionally offer or provide sub-standard Materials or Services or to intentionally not comply
with any term, condition, specification or other requirement of a City Contract.
i.20 GIFTS. The City will accept no gifts, gratuities or advertising products from proposers or
prospective proposers and affiliates. The City may request product samples from vendors for
product evaluation.
i.21 PROTESTS AND APPEALS. If a Respondent believes there is a mistake, impropriety, or defect
in the solicitation, believes the City improperly rejected its proposal, and/or believes the selected
proposal is not in the City’s best interests, the Respondent may submit a written protest. All
protests and appeals are governed by the City of Clearwater Purchasing Policy and Procedures
Section 18 (“Purchasing Polic y”). If there exists any discrepancy in this Section i.21 and the
Purchasing Policy, the language of the Purchasing Policy controls.
Protests based upon alleged mistake, impropriety, or defect in a solicitation that is apparent
before the bid opening must be filed with the Purchasing Manager no later than five (5) business
days before Bid Opening. Protests that only become apparent af ter the Bid Opening must be
filed within the earlier of ten (10) business days of the alleged violation of the applicable
purchasing ordinance. The complete protest procedure can be obtained by contacting
Purchasing.
ADDRESS PROTESTS TO:
Alyce Benge, CPPO, C.P.M.
Purchasing Manager
100 So Myrtle Ave, 3rd Fl
Clearwater FL 33756-5520
or
PO Box 4748
Clearwater FL 33758-4748
INSTRUCTIONS – EVALUATION
Actuarial and Related Services 6 RFP #50-16
i.22 EVALUATION PROCESS. Proposals will be reviewed by a screening committee comprised of
City employees. The City staff may or may not initiate discussions with proposers for clarification
purposes. Clarification is not an opportunity to change the proposal. Proposers shall not initiate
discussions with any City employee or official.
i.23 CRITERIA FOR EVALUATION AND AWARD. The City evaluates four (4) categories of
information: responsiveness, responsibility, the technical proposal and price. All proposals must
meet the following responsiveness and responsibility criteria.
a) Responsiveness. The City will determine whether the proposal complies with the
instructions for submitting proposals including completeness of proposal which
encompasses the inclusion of all required attachments and submissions. The City mu st
reject any proposals that are submitted late. Failure to meet other requirements may result
in rejection.
b) Responsibility. The City will determine whether the proposer is one with whom it can or
should do business. Factors that the City 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,
proposer's record of performance and integrity- e.g. has the proposer been delinquent or
unfaithful to any contract with the City, whether the proposer is qualified legally to contract
with the City, financial stability and the perceived ability to perform completely as specified.
A proposer must at all times have financial resources sufficient, in the opinion of the City, to
ensure performance of the contract and must provide proof upon request. City staff may
also use Dun & Bradstreet and/or any generally available industry information. T he City
reserves the right to inspect and review proposer’s facilities, equipment and personnel and
those of any identified subcontractors. The City will determine whether any failure to supply
information, or the quality of the information, will result in rejection.
c) Technical Proposal. The City will determine how well proposals meet its requirements in
terms of the response to the specifications and how well the offer addresses the needs of
the project. The City will rank offers using a point ranking system (unless otherwise
specified) as an aid in conducting the evaluation.
d) If less than (3) responsive proposals are received, at the City’s sole discretion, the proposals
may be evaluated using simple comparative analysis instead of any announced meth od of
evaluation, subject to meeting administrative and responsibility requirements.
For this RFP, the criteria that will be evaluated and their relative weights are:
Evaluation Criteria (proposal format reference) Points
Qualifications and Experience of the Firm (Tab 2) 35
Qualifications of Personnel (Tab 3) 20
Proposers approach, methodology, and timeline for providing Services (Tab 4) 15
Familiarity with GASB and State of Florida reporting requirements (Tab 5) 15
Costs for Services (Tab 7) 10
References (Tab 6) 5
i.24 SHORT-LISTING. The City at its sole discretion may create a short-list of the highest scored
proposals based on a preliminary evaluation against the evaluation criteria. Only those short -
listed proposers would be invited to give presentations and/or interviews. Upon conclusion of any
presentations/interviews, the City will finalize the scoring against the evaluation criteria.
i.25 PRESENTATIONS/INTERVIEWS. The proposer must provide a formal presentation/interview
on-site at a City location upon request.
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Actuarial and Related Services 7 RFP #50-16
i.26 BEST & FINAL OFFERS. The City may request best & final offers if deemed necessary, and will
determine the scope and subject of any best & final request. However, the proposer should not
expect that the City will ask for best & f inals. Therefore, proposer should submit their best offer
based on the terms and conditions set forth in this solicitation.
i.27 COST JUSTIFICATION. In the event only one response is received, the City may require that
the proposer submit a cost proposal in sufficient detail for the City to perform a cost/price analysis
to determine if the proposal price is fair and reasonable.
i.28 CONTRACT NEGOTIATIONS AND ACCEPTANCE. Proposer must be prepared for the City to
accept the proposal as submitted. If proposer fails to sign all documents necessary to
successfully execute the final contract within a reasonable time as specified, or negotiations do
not result in an acceptable agreement, the City may reject proposal or revoke the award, and may
begin negotiations with another proposer. Final contract terms must be approved or signed by
the appropriately authorized City official(s). No binding contract will exist between the proposer
and the City until the City executes a written contract or purchase order.
i.29 NOTICE OF INTENT TO AWARD. Notices of the City’s intent to award a Contract are posted to
Purchasing’s website. It is the proposer’s responsibility to check the City of Clearwater’s
Purchasing website at www.myclearwater.com/cityprojects/ to view relevant RFP
information and notices.
i.30 RFP TIMELINE. Dates are tentative and subject to change.
Release RFP: September 15, 2016
Advertise Tampa Bay Times: September 17, 2016
Responses due: October 20, 2016
Review proposals: Oct 20 – Oct 28, 2016
Presentations (if requested): week of November 7, 2016
Award recommendation: November 10, 2016
Council authorization: December 15, 2016
Contract begins: January 1, 2017
TERMS AND CONDITIONS
Actuarial and Related Services 8 RFP #50-16
S.1 DEFINITIONS. Uses of the following terms are interchangeable as referenced: “vendor,
contractor, supplier, proposer, company, parties, persons”, “purchase order, PO, contract,
agreement”, “city, Clearwater, agency, requestor, parties”, “bid, proposal, response, quote”.
S.2 INDEPENDENT CONTRACTOR. It is expressly understood that the relationship of Contractor to
the City will be that of an independent contractor. Contractor and all persons employed by
Contractor, either directly or indirectly, are Contractor’s employees, not City employees.
Accordingly, Contractor and Contractor’s employees are not entitled to any benefits provided to
City employees including, but not limited to, health benefits, enrollment in a retirement system,
paid time off or other rights afforded City employees. Contractor employees will not be regarded
as City employees or agents for any purpose, including the payment of unemployment or
workers’ compensation. If any Contractor employees or subcontractors assert a claim for wages
or other employment benefits against the City, Contractor will defend, indemnify and hold
harmless the City from all such claims.
S.3 SUBCONTRACTING. Contractor may not subcontract work under this Agreement without the
express written permission of the City. If Contractor has received authorization to subcontract
work, it is agreed that all subcontractors performing work under the Agreement must comply with
its provisions. Further, all agreements between Contractor and its subcontractors must provide
that the terms and conditions of this Agreement be incorporated therein.
S.4 ASSIGNMENT. This Agreement may not be assigned either in whole or in part without first
receiving the City’s written consent. Any attempted assignment, either in whole or in part, without
such consent will be null and void and in such event the City will have the right at its option to
terminate the Agreement. No granting of consent to any assignment will relieve Contractor from
any of its obligations and liabilities under the Agreement.
S.5 SUCCESSORS AND ASSIGNS, BINDING EFFECT. This Agreement will be binding upon and
inure to the benefit of the parties and their respective permitted successors and assigns.
S.6 NO THIRD PARTY BENEFICIARIES. This Agreement is intended for the exclusive benefit of the
parties. Nothing set forth in this Agreement is intended to create, or will create, any benefits,
rights, or responsibilities in any third parties.
S.7 NON- EXCLUSIVITY. The City, in its sole discretion, reserves the right to request the materials
or services set forth herein from other sources when deemed necessary and appropriate. No
exclusive rights are encompassed through this Agreement.
S.8 AMENDMENTS. There will be no oral changes to this Agreement. This Agreement can only be
modified in a writing signed by both parties. No charge for extra work or material will be allowed
unless approved in writing, in advance, by the City and Contractor.
S.9 TIME OF THE ESSENCE. Time is of the essence to the performance of the parties’ obligations
under this Agreement.
S.10 COMPLIANCE WITH APPLICABLE LAWS.
a. General. Contractor must procure all permits and licenses, and pay all charges and fees
necessary and incidental to the lawful conduct of business. Contractor must stay fully
informed of existing and future federal, state, and local laws, ordinances, and regulations that
in any manner affect the fulfillment of this Agreement and must comply with the same at its
own expense. Contractor bears full responsibility for training, safety, and providing necessary
equipment for all Contractor personnel to achieve throughout the term of the Agreement.
Upon request, Contractor will demonstrate to the City's satisfaction any programs,
procedures, and other activities used to ensure compliance.
b. Drug-Free Workplace. Contractor is hereby advised that the City has adopted a policy
establishing a drug-free workplace for itself and those doing business with the City to ensure
the safety and health of all persons working on City contracts and projects. Contractor will
require a drug-free workplace for all Contractor personnel working under this Agreement.
Specifically, all Contractor personnel who are working under this Agreement must be notified
TERMS AND CONDITIONS
Actuarial and Related Services 9 RFP #50-16
in writing by Contractor that they are prohibited from the manufacture, distribution,
dispensation, possession, or unlawful use of a controlled substance in the workplace.
Contractor agrees to prohibit the use of intoxicating substances by all Contractor personnel,
and will ensure that Contractor personnel do not use or possess illegal drugs while in the
course of performing their duties.
c. Federal and State Immigration Laws. Contractor agrees to comply with the Immigration
Reform and Control Act of 1986 (IRCA) in performance under this Agreement and to permit
the City and its agents to inspect applicable personnel records to verify such compliance as
permitted by law. Contractor will ensure and keep appropriate records to demonstrate that all
Contractor personnel have a legal right to live and work in the United States.
(i) As applicable to Contractor, under this provision, Contractor hereby warrants to the City
that Contractor and each of its subcontractors will comply with, and are contractually
obligated to comply with, all federal immigration laws and regulations that relate to their
employees (hereinafter “Contractor Immigration Warranty”).
(ii) A breach of the Contractor Immigration Warranty will constitute as a material breach of
this Agreement and will subject Contractor to penalties up to and including termination of
this Agreement at the sole discretion of the City.
(iii) The City retains the legal right to inspect the papers of all Contractor personnel who
provide services under this Agreement to ensure that Contractor or its subcontractors are
complying with the Contractor Immigration Warranty. Contractor agrees to assist the City
in regard to any such inspections.
(iv) The City may, at its sole discretion, conduct random verification of the employment
records of Contractor and any subcontractor to ensure compliance with the Contractor
Immigration Warranty. Contractor agrees to assist the City in regard to any random
verification performed.
(v) Neither Contractor nor any subcontractor will be deemed to have materially breached the
Contractor Immigration Warranty if Contractor or subcontractor establishes that it has
complied with the employment verification provisions prescribed by Sections 274A and
274B of the Federal Immigration and Nationality Act.
d. Nondiscrimination. Contractor represents and warrants that it does not discriminate against
any employee or applicant for employment or person to whom it provides services because of
race, color, religion, sex, national origin, or disability, and repr esents and warrants that it
complies with all applicable federal, state, and local laws and executive orders regarding
employment. Contractor and Contractor’s personnel will comply with applicable provisions of
Title VII of the U.S. Civil Rights Act of 1964, as amended, Section 504 of the Federal
Rehabilitation Act, the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.), and
applicable rules in performance under this Agreement.
S.11 SALES/USE TAX, OTHER TAXES.
a. Contractor is responsible for the payment of all taxes including federal, state, and local taxes
related to or arising out of Contractor’s services under this Agreement, including by way of
illustration but not limitation, federal and state income tax, Social Security tax, unemployment
insurance taxes, and any other taxes or business license fees as required. If any taxing
authority should deem Contractor or Contractor employees an employee of the City, or
should otherwise claim the City is liable for the payment of taxes that are Contractor’s
responsibility under this Agreement, Contractor will indemnify the City for any tax liability,
interest, and penalties imposed upon the City.
b. The City is exempt from paying state and local sales/use taxes and certain federal excise
taxes and will furnish an exemption certificate upon request.
TERMS AND CONDITIONS
Actuarial and Related Services 10 RFP #50-16
S.12 AMOUNTS DUE THE CITY. Contractor must be current and remain current in all obligations due
to the City during the performance of services under the Agreement. Payments to Contractor
may be offset by any delinquent amounts due the City or fees and charges owed to the City.
S.13 OPENNESS OF PROCUREMENT PROCESS. Written competitive proposals, replies, oral
presentations, meetings where vendors answer questions, other submissions, correspondence,
and all records made thereof, as well as negotiations or meetings where negotiation strategies
are discussed, conducted pursuant to this RFP, shall be handled in compliance with Chapters
119 and 286, Florida Statutes.
Proposals or replies received by the City pursuant to this RFP are exempt from public disclosure
until such time that the City provides notice of an intended decision or until 30 days after opening
the proposals, whichever is earlier. If the City rejects all proposals or replies pursuant to this RFP
and provides notice of its intent to reissue the RFP, then the rejected proposals or replies remain
exempt from public disclosure until such time that the City provides notice of an intended decision
concerning the reissued RFP or until the City withdraws the reissued RFP. A proposal or reply
shall not be exempt from public disclosure longer than 12 months after the initial City notice
rejecting all proposals or replies.
Oral presentations, meetings where vendors answer questions, or meetings convened by City
staff to discuss negotiation strategies, if any, shall be closed to the public (and other proposers) in
compliance with Chapter 286 Florida Statutes. A complete recording shall be made of such
closed meeting. The recoding of, and any records presented at, the exempt meeting shall be
available to the public when the City provides notice of an intended decision or until 30 days after
opening proposals or final replies, whichever occurs first. If the City reject s all proposals or replies
pursuant to this RFP and provides notice of its intent to reissue the RFP, then the recording and
any records presented at the exempt meeting remain exempt from public disclosure until such
time that the City provides notice of an intended decision concerning the reissued RFP or until the
City withdraws the reissued RFP. A recording and any records presented at an exempt meeting
shall not be exempt from public disclosure longer than 12 months after the initial City notice
rejecting all proposals or replies.
In addition to all other contract requirements as provided by law, the contractor executing
this agreement agrees to comply with public records law.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER
119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS, Rosemarie Call, phone: 727-562-4092 or Rosemarie.Call@myclearwater.com,
112 S. Osceola Ave., Clearwater, FL 33756.
The contractor’s agreement to comply with public records law applies specifically to:
a) Keep and maintain public records required by the City of Clearwater (hereinafter “public
agency”) to perform the service being provided by the contractor hereunder.
b) Upon request from the public agency’s custodian of public records, provide the public agency
with a copy of the requested records or allow the records to be inspected or copied within a
reasonable tim e at a cost that does not exceed the cost provided for in Chapter 119, Florida
Statutes, as may be amended from time to time, or as otherwise provided by law.
c) Ensure that the public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law for the duration of the
contract term and following completion of the contract if the contractor does not transfer the
records to the public agency.
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Actuarial and Related Services 11 RFP #50-16
d) Upon completion of the contract, transfer, at no cost, to the public agency all public records in
possession of the contractor or keep and maintain public records required by the public
agency to perform the service. If the contractor transfers all public records to the public
agency upon completion of the contract, the contractor shall destroy any duplicate public
records that are exempt or confidential and exempt from public records disclosure
requirements. If the contractor keeps and maintains public records upon completion of the
contract, the contractor shall meet all applicable requirements for retaining public records. All
records stored electronically must be provided to the public agency, upon request from the
public agency’s custodian of public records, in a format that is compatible with the information
technology systems of the public agency.
e) A request to inspect or copy public records relating to a public agency’s contract for services
must be made directly to the public agency. If the public agency does not possess the
requested records, the public agency shall immediately notify the contrac tor of the request
and the contractor must provide the records to the public agency or allow the records to be
inspected or copied within a reasonable time.
f) The contractor hereby acknowledges and agrees that if the contractor does not comply with
the public agency’s request for records, the public agency shall enforce the contract
provisions in accordance with the contract.
g) A contractor who fails to provide the public records to the public agency within a reasonable
time may be subject to penalties under Section 119.10, Florida Statutes.
h) If a civil action is filed against a contractor to compel production of public records relating to a
public agency’s contract for services, the court shall assess and award against the contractor
the reasonable costs of enforcement, including reasonable attorney fees, if:
1. The court determines that the contractor unlawfully refused to comply with the
public records request within a reasonable time; and
2. At least eight (8) business days before filing the action, the plaintiff provided
written notice of the public records request, including a statement that the contractor
has not complied with the request, to the public agency and to the contractor.
i) A notice complies with subparagraph (h)2. if it is sent to the public agency’s custodian of
public records and to the contractor at the contractor’s address listed on its contract with the
public agency or to the contractor’s registered agent. Such notices must be sent by common
carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with
postage or shipping paid by the sender and with evidence of delivery, which may be in an
electronic format.
A contractor who complies with a public records request within 8 business days after the noti ce is
sent is not liable for the reasonable costs of enforcement.
S.14 AUDITS AND RECORDS. Contractor must preserve the records related to this Agreement for
five (5) years after completion of the Agreement. The City or its authorized agent reserves the
right to inspect any records related to the performance of work specified herein. In addition, the
City may inspect any and all payroll, billing or other relevant records kept by Contractor in relation
to the Agreement. Contractor will permit such inspections and audits during normal business
hours and upon reasonable notice by the City. The audit of records may occur at Contractor’s
place of business or at City offices, as determined by the City.
S.15 BACKGROUND CHECK. The City may conduct criminal, driver history, and all other requested
background checks of Contractor personnel who would perform services under the Agreement or
who will have access to the City’s information, data, or facilities in accordance with the City’s
TERMS AND CONDITIONS
Actuarial and Related Services 12 RFP #50-16
current background check policies. An y officer, employee, or agent that fails the background
check must be replaced immediately for any reasonable cause not prohibited by law.
S.16 SECURITY CLEARANCE AND REMOVAL OF CONTRACTOR PERSONNEL. The City will
have final authority, based on security reas ons: (i) to determine when security clearance of
Contractor personnel is required; (ii) to determine the nature of the security clearance, up to and
including fingerprinting Contractor personnel; and (iii) to determine whether or not any individual
or entity may provide services under this Agreement. If the City objects to any Contractor
personnel for any reasonable cause not prohibited by law, then Contractor will, upon notice from
the City, remove any such individual from performance of services under this Agreement.
S.17 DEFAULT.
a. A party will be in default if that party:
(i) Is or becomes insolvent or is a party to any voluntary bankruptcy or receivership
proceeding, makes an assignment for a creditor, or there is any similar action that affects
Contractor’s capability to perform under the Agreement;
(ii) Is the subject of a petition for involuntary bankruptcy not removed within sixty (60)
calendar days;
(iii) Conducts business in an unethical manner or in an illegal manner; or
(iv) Fails to carry out any term, promise, or condition of the Agreement.
b. Contractor will be in default of this Agreement if Contractor is debarred from participating in
City procurements and solicitations in accordance with Section 27 of the City’s Purchasing
and Procedures Manual.
c. Notice and Opportunity to Cure. In the event a party is in default then the other party may,
at its option and at any time, provide written notice to the defaulting party of the default. The
defaulting party will have thirty (30) days from receipt of the notice to cure the default; the
thirty (30) day cure period may be extended by mutual agreement of the parties, but no cure
period may exceed ninety (90) days. A default notice will be deemed to be sufficient if it is
reasonably calculated to provide notice of the nature and extent of such default. Failure of
the non-defaulting party to provide notice of the default does not waive any rights under the
Agreement.
d. Anticipatory Repudiation. Whenever the City in good faith has reason to question
Contractor’s intent or ability to perform, the City may demand that Contractor give a written
assurance of its intent and ability to perform. In the event that the demand is made and no
written assurance is given within five (5) calendar days, the C ity may treat this failure as an
anticipatory repudiation of the Agreement.
S.18 REMEDIES. The remedies set forth in this Agreement are not exclusive. Election of one remedy
will not preclude the use of other remedies. In the event of default:
a. The non-defaulting party may terminate the Agreement, and the termination will be effective
immediately or at such other date as specified by the terminating party.
b. The City may purchase the services required under the Agreement from the open market,
complete required work itself, or have it completed at the expense of Contractor. If the cost of
obtaining substitute services exceeds the contract price, the City may recover the excess
cost by: (i) requiring immediate reimbursement to the City; (ii) deduction from an unpaid
balance due to Contractor; (iii) collection against the proposal and/or performance security, if
any; (iv) collection against liquidated damages (if applicable); or (v) a combination of the
aforementioned remedies or other remedies as provided by law. Costs includes any and all,
fees, and expenses incurred in obtaining substitute services and expended in obtaining
reimbursement, including, but not limited to, administrative expenses, attorneys’ fees, and
costs.
TERMS AND CONDITIONS
Actuarial and Related Services 13 RFP #50-16
c. The non-defaulting party will have all other rights granted under this Agreement and all rights
at law or in equity that may be available to it.
d. Neither party will be liable for incidental, special, or consequential damages.
S.19 CONTINUATION DURING DISPUTES. Contractor agrees that during any dispute between the
parties, Contractor will continue to perform its obligations until the dispute is settled, instructed to
cease performance by the City, enjoined or prohibited by judicial action, or otherwise required or
obligated to cease performance by other provisions in this Agreement.
S.20 TERMINATION FOR CONVENIENCE. The City reserves the right to terminate this Agreement in
part or in whole upon thirty (30) calendar days’ written notice.
S.21 CONFLICT OF INTEREST F.S. Section 112. Pursuant to F.S. Section 112, the City may cancel
this Agreement after its execution, without penalty or further obligation, if any person significantly
involved in initiating, securing, drafting, or creating the Agreement for the City becomes an
employee or agent of Contractor.
S.22 TERMINATION FOR NON-APPROPRIATION AND MODIFICATION FOR BUDGETARY
CONSTRAINT. The City is a governmental agency which relies upon the appropriation of funds
by its governing body to satisfy its obligations. If the City reasonably determines that it does not
have funds to meet its obligations under this Agreement, the City will have the right to terminate
the Agreement without penalty on the last day of the fiscal period for which funds were legally
available. In the event of such termination, the City agrees to provide written notice of its intent to
terminate thirty (30) calendar days prior to the stated termination date.
S.23 PAYMENT TO CONTRACTOR UPON TERMINATION. Upon termination of this Agreement,
Contractor will be entitled only to payment for those services performed up to the date of
termination, and any authorized expenses already incurred up to such date of termination. The
City will make final payment within thirty (30) calendar days after the City has both completed its
appraisal of the materials and services provided and received Contractor’s properly prepared final
invoice.
S.24 NON-WAIVER OF RIGHTS. There will be no waiver of any provision of this agreement unless
approved in writing and signed by the waiving party. Failure or delay to exercise any rights or
remedies provided herein or by law or in equity, or the acceptance of, or payment for, any
services hereunder, will not release the other party of any of the warranties or other obligations of
the Agreement and will not be deemed a waiver of any such rights or remedies.
S.25 INDEMNIFICATION/LIABILITY.
a. To the fullest extent permitted by law, Contractor agrees to defend, indemnify, and hold the
City, its officers, agents, and employees, harmless from and against any and all liabilities,
demands, claims, suits, losses, damages, causes of action, fines or judgments, including
costs, attorneys’, witnesses’, and expert witnesses’ fees, and expenses incident thereto,
relating to, arising out of, or resulting from: (i) the services provided by Contractor personnel
under this Agreement; (ii) any negligent acts, errors, mistakes or omissions by Cont ractor or
Contractor personnel; and (iii) Contractor or Contractor personnel’s failure to comply with or
fulfill the obligations established by this Agreement.
b. Contractor will update the City during the course of the litigation to timely notify the City of
any issues that may involve the independent negligence of the City that is not covered by this
indemnification.
c. The City assumes no liability for actions of Contractor and will not indemnify or hold
Contractor or any third party harmless for claims based on this Agreement or use of
Contractor-provided supplies or services.
S.26 WARRANTY. Contractor warrants that the services and materials will conform to the
requirements of the Agreement. Additionally, Contractor warrants that all services will be
performed in a good, workman-like and professional manner. The City’s acceptance of service or
materials provided by Contractor will not relieve Contractor from its obligations under this
TERMS AND CONDITIONS
Actuarial and Related Services 14 RFP #50-16
warranty. If any materials or services are of a substandard or unsatisfactory manner as
determined by the City, Contractor, at no additional charge to the City, will provide materials or
redo such services until in accordance with this Agreement and to the City’s reasonable
satisfaction.
Unless otherwise agreed, Contractor warrants that materials will be new, unused, of most current
manufacture and not discontinued, will be free of defects in materials and workmanship, will be
provided in accordance with manufacturer's standard warranty for at least one (1) year unless
otherwise specified, and will perform in accordance with manufacturer's published specifications.
S.27 THE CITY’S RIGHT TO RECOVER AGAINST THIRD PARTIES. Contractor will do nothing to
prejudice the City’s right to recover against third parties for any loss, destruction, or damage to
City property, and will at the City’s request and expense, furnish to the City reasonable
assistance and cooperation, including assistance in the prosecution or defense of suit and the
execution of instruments of assignment in favor of the City in obtaining recovery.
S.28 NO GUARANTEE OF WORK. Contractor acknowledges and agrees that it is not entitled to
deliver any specific amount of materials or services or any materials or services at all under this
Agreement and acknowledges and agrees that the materials or services will be requested by the
City on an as needed basis at the sole discretion of the City. Any document referencing
quantities or performance frequencies represent the City's best estimate of current requirements,
but will not bind the City to purchase, accept, or pay for materials or services which exceed its
actual needs.
S.29 OWNERSHIP. All deliverables, services, and information provided by Contractor or the City
pursuant to this Agreement (whether electronically or manually generated) in cluding without
limitation, reports, test plans, and survey results, graphics, and technical tables, originally
prepared in the performance of this Agreement, are the property of the City and will not be used
or released by Contractor or any other person except with prior written permission by the City.
S.30 USE OF NAME. Contractor will not use the name of the City of Clearwater in any advertising or
publicity without obtaining the prior written consent of the City.
S.31 PROHIBITED ACTS. Pursuant to Florida Constitution Article II Section 8, a current or former
public officer or employee within the last two (2) years shall not represent another organization
before the City on any matter for which the officer or employee was directly concerned and
personally participated in during their service or employment or over which they had a substantial
or material administrative discretion.
S.32 FOB DESTINATION FREIGHT PREPAID AND ALLOWED. All deliveries will be FOB
destination freight prepaid and allowed unless otherwise agreed.
S.33 RISK OF LOSS. Contractor agrees to bear all risks of loss, injury, or destruction of goods or
equipment incidental to providing these services and such loss, injury, or destruction will not
release Contractor from any obligation hereunder.
S.34 SAFEGUARDING CITY PROPERTY. Contractor will be responsible for any damage to City real
property or damage or loss of City personal property when such property is the responsibility of or
in the custody of Contractor or its employees.
S.35 WARRANTY OF RIGHTS. Contractor warrants it has title to, or the right to allow the City to use,
the materials and services being provided and that the City may use same without suit, trouble or
hindrance from Contractor or third parties.
S.36 PROPRIETARY RIGHTS INDEMNIFICATION. Without limiting the foregoing, Contractor will
without limitation, at its expense defend the City against all claims asserted by any person that
anything provided by Contractor infringes a patent, copyright, trade secret or other intellectual
property right and must, without limitation, pay the costs, damages and attorneys' fees awarded
against the City in any such action, or pay any settlement of such action or claim. Each party
agrees to notify the other promptly of any matters to which this provision may ap ply and to
cooperate with each other in connection with such defense or settlement. If a preliminary or final
TERMS AND CONDITIONS
Actuarial and Related Services 15 RFP #50-16
judgment is obtained against the City’s use or operation of the items provided by Contractor
hereunder or any part thereof by reason of any alleged infringement, Contractor will, at its
expense and without limitation, either: (a) modify the item so that it becomes non-infringing; (b)
procure for the City the right to continue to use the item; (c) substitute for the infringing item other
item(s) having at least equivalent capability; or (d) refund to the City an amount equal to the price
paid, less reasonable usage, from the time of installation acceptance through cessation of use,
which amount will be calculated on a useful life not less than five (5) years, plus any additional
costs the City may incur to acquire substitute supplies or services.
S.37 CONTRACT ADMINISTRATION. The contract will be administered by the Purchasing
Department and/or an authorized representative from the using department. All questions
regarding the contract will be referred to the Purchasing Department for resolution. Supplements
may be written to the contract for the addition or deletion of services.
S.38 FORCE MAJEURE. Failure by either party to perform its duties and obligations will be excused
by unforeseeable circumstances beyond its reasonable control, including acts of nature, acts of
the public enemy, riots, fire, explosion, legislation, and governmental regulation. The party whose
performance is so affected will within five (5) calendar days of the unforeseeable circumstance
notify the other party of all pertinent facts and identify the force majeure event. The party whose
performance is so affected must also take all reasonable steps, promptly and diligently, to prevent
such causes if it is feasible to do so, or to minimize or eliminate the effect thereof. The delivery or
performance date will be extended for a period equal to the time lost by reason of delay, plus
such additional time as may be reasonably necessary to overcome the effect of the delay,
provided however, under no circumstances will delays caused by a force majeure extend beyond
one hundred-twenty (120) calendar days from the scheduled delivery or completion date of a task
unless agreed upon by the parties.
S.39 COOPERATIVE USE OF CONTRACT. The City has entered into various cooperative
purchasing agreements with other Florida government agencies, including the Tampa Bay Area
Purchasing Cooperative. Under a Cooperative Purchasing Agreement, any contract may be
extended for use by other municipalities, school districts and government agenci es with the
approval of Contractor. Any such usage by other entities must be in accordance with the
statutes, codes, ordinances, charter and/or procurement rules and regulations of the respective
government agency.
Orders placed by other agencies and paym ent thereof will be the sole responsibility of that
agency. The City is not responsible for any disputes arising out of transactions made by others.
S.40 FUEL CHARGES AND PRICE INCREASES. No fuel surcharges will be accepted. No price
increases will be accepted without proper request by Contractor and response by the City’s
Purchasing Division.
S.41 NOTICES. All notices to be given pursuant to this Agreement must be delivered to the parties at
their respective addresses. Notices may be (i) personally deliv ered; (ii) sent via certified or
registered mail, postage prepaid; (iii) sent via overnight courier; or (iv) sent via facsimile. If
provided by personal delivery, receipt will be deemed effective upon delivery. If sent via certified
or registered mail, receipt will be deemed effective three (3) calendar days after being deposited
in the United States mail. If sent via overnight courier or facsimile, receipt will be deemed
effective two (2) calendar days after the sending thereof.
S.42 GOVERNING LAW, VENUE. This Agreement is governed by the laws of the State of Florida.
The exclusive venue selected for any proceeding or suit in law or equity arising from or incident to
this Agreement will be Pinellas County, Florida.
S.43 INTEGRATION CLAUSE. This Agreement, including all attachments and exhibits hereto,
supersede all prior oral or written agreements, if any, between the parties and constitute s the
entire agreement between the parties with respect to the work to be performed.
S.44 PROVISIONS REQUIRED BY LAW. Any provision required by law to be in this Agreement is a
part of this Agreement as if fully stated in it.
TERMS AND CONDITIONS
Actuarial and Related Services 16 RFP #50-16
S.45 SEVERABILITY. If any provision of this Agreement is declared void or unenforceable, such
provision will be severed from this Agreement, which will otherwise remain in full force and effect.
The parties will negotiate diligently in good faith for such amendment(s) of this Agreement as may
be necessary to achieve the original intent of this Agreement, notwithstanding such invalidity or
unenforceability.
S.46 SURVIVING PROVISIONS. Notwithstanding any completion, termination, or other expiration of
this Agreement, all provisions which, by the terms of reasonable interpretation thereof, set forth
rights and obligations that extend beyond completion, termination, or other expiration of this
Agreement, will survive and remain in full force and effect. Except as specifically provided in this
Agreement, completion, termination, or other expiration of this Agreement will not release any
party from any liability or obligation arising prior to the date of termination.
DETAILED SPECIFICATIONS
Actuarial and Related Services 17 RFP #50-16
1. INTRODUCTION. The City of Clearwater (City) is located on the West Coast of Florida in the
Tampa Bay region. It is the third largest city in the region with an estimated population of
110,000 residents. The City of Clearwater is also a major tourist destination – Clearwater Beach
was recently rated #1 U.S. Beach by TripAdvisor, previously named “Florida’s Best Beach Town
2013” by USA Today, and was on the “Top Ten List of Best Beaches from Maine to Hawaii”. The
City of Clearwater is home to the Philadelphia Phillies Spring Training and Clearwater Threshers
Minor League Baseball and hosts several sports tournaments through the year that attract visitors
from across the country. Clearwater is home for Winter the Dolphin and the Clearwater Marine
Aquarium. Winter’s story has made it all the way to Hollywood in the motion pictures” Dolphin
Tale” and “Dolphin Tale 2”, both filmed here in Clearwater.
2. BACKGROUND AND PROJECT GOAL. The City of Clearwater (City) is requesting proposals
from qualified firms of actuarial consultants interested in providing actuarial and other related
services to the City. The City is seeking these services for both funding and financial reporting for
the City of Clearwater Employees’ Pension Plan (Plan) as well as for the City’s other post-
employment benefit (OPEB) services.
The Plan is a single-employer, self-administered defined benefit pension plan for eligible City
employees. The Plan is included as a fiduciary fund in the City’s Comprehensive Annual Financial
Report (September 30 fiscal year-end) and does not have separately issued financial statements.
Public safety members contribute 10% of their earnings on a pre-tax basis, while all other
members contribute 8%. The City contributes the balance required per th e actuarial valuation, but
the pension plan ordinance requires a minimum City/employer contribution of 7% of covered
salaries and wages regardless of the actuarial funding requirement. The Plan has differing
benefits for public safety versus other employees, as well as a two-tier structure resulting from
pension reform changes implemented January 1, 2013. Additional detailed information on the
Plan can be found in the attached Appendixes A thru E, as well in the City’s CAFR and other
documents available on the City’s website:
http://www.myclearwater.com/gov/depts/finance/index.asp
The City has a liability for other post-employment benefits due to the inclusion of retirees in the
City’s group health insurance and life insurance plans. The health insurance OPEB benefit is the
“implicit” subsidy only, due to the inclusion of retirees in the group plan per state law. The City
would prefer alternating biannual OPEB actuarial valuations and biannual “roll-forwards” when
appropriate. The City would prefer to use the same actuary for both the pension plan and OPEB
but will award to separate firms if in the City’s best interests.
3. SCOPE OF WORK – ACTUARIAL AND RELATED SERVICES.
Annually:
1) Prepare and provide actuarial valuation report for the Plan for funding purposes as of
January 1st by April 1st annually. Twelve hard copies and one electronic PDF version are
to be provided.
2) Provide information to satisfy GASB 67/68 accounting and financial reporting
requirements, using the current fiscal year-end as the measurement date for current year
reporting, and using data from the most recent January 1st actuarial valuation. This
information is to be provided by February 1st annually. Timeliness of this information is
critical given the use of current fiscal year-end for the measurement date. One electronic
PDF version is to be provided.
3) Provide disclosure reports to satisfy requirements of Chapter 112.664 Florida Statutes by
May 15th annually. One electronic PDF version is to be provided.
4) Prepare and provide individual employee benefit statements by May 31 st annually. The
benefit statements, to be distributed to employees, should include such information as
projected plan benefits, employee contributions, accrued plan benefits, date of 100%
vesting, etc. Statements are to be provided electronically in PDF for mat.
DETAILED SPECIFICATIONS
Actuarial and Related Services 18 RFP #50-16
5) Prepare and provide “Actuarial Confirmation of the Use of State Moneys” per State of
Florida Division of Retirement requirements per provisions of sections 175.351 and
185.35, Florida Statutes, as amended by Chapter 99.1, Laws of Florida. To be provided
by March 15th annually.
Annually and/or biannually:
1) Prepare and provide actuarial valuation reports for Other Post-Employment Benefits
(OPEB) as of January 1 for fiscal year ending September 30 , annually or biannually, to
be delivered by December 31st annually. One electronic PDF version is to be provided.
2) As appropriate, prepare and provide biannual actuarial roll-forward reports for OPEB
using the prior year OPEB valuation report. The roll-forward will be performed on the
same basis as the regular actuarial valuation and must also be delivered to the City by
December 31st annually. One electronic PDF version is to be provided.
Related services:
1) Prepare and provide an experience study to evaluate current actuarial assumptions and
methods used by the Plan and recommend changes as appropriate, including the
financial effect of proposed changes. One experience study is expected for the five year
term of this agreement.
2) Provide pension buy-back calculations, responses to inquiries from the State of Florid a
Division of Retirement, and other actuarial advice and calculations as requested.
4. MINIMUM QUALIFICATIONS. Interested firms must demonstrate five (5) years experience
providing actuarial services to public entities in the United States.
5. INSURANCE REQUIREMENTS. The Vendor shall, at its own cost and expense, acquire and
maintain (and cause any subcontractors, representatives or agents to acquire and maintain)
during the term with the City, sufficient insurance to adequately protect the respective int erest of
the parties. Coverage shall be obtained with a carrier having an AM Best Rating of A -VII or
better. In addition, the City has the right to review the Contractor’s deductible or self -insured
retention and to require that it be reduced or eliminated.
Specifically the Vendor must carry the following minimum types and amounts of insurance on an
occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis, then
coverage can be obtained on a claims-made basis with a minimum three (3) year tail following the
termination or expiration of this Agreement:
a. Commercial General Liability Insurance coverage, including but not limited to, premises
operations, products/completed operations, products liability, contractual liability, advertising
injury, personal injury, death, and property damage in the minimum amount of $1,000,000
(one million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate.
b. Commercial Automobile Liability Insurance coverage for any owned, non-owned, hired or
borrowed automobile is required in the minimum amount of $1,000,000 (one million dollars)
combined single limit.
c. Professional Liability/Malpractice/Errors or Omissions Insurance coverage appropriate
for the type of business engaged in by the Respondent with minimum limits of $1,000,000
(one million dollars) per occurrence and $2,000,000 (two million dollars) aggregate. If a
claims made form of coverage is provided, the retroactive date of coverage shall be no later
than the inception date of claims made coverage, unless the prior policy was extended
indefinitely to cover prior acts. Coverage shall be extended beyond the policy year either by
a supplemental extended reporting period (SERP) of as great a duration as available, and
with no less coverage and with reinstated aggregate limits, or by requiring that any new policy
provide a retroactive date no later than the inception date of claims made coverage.
d. Unless waived by the State of Florida and proof of waiver is provided to the City, statutory
Workers’ Compensation Insurance coverage in accordance with the laws of the State of
DETAILED SPECIFICATIONS
Actuarial and Related Services 19 RFP #50-16
Florida, and Employer’s Liability Insurance in the minimum amount of $500,000 (five
hundred thousand dollars) each employee each accident, $500,000 (five hundred thousand
dollars) each employee by disease, and $500,000 (five hundred thousand dollars) disease
policy limit. Coverage should include Voluntary Compensation, Jones Act, and U.S.
Longshoremen’s and Harbor Worker’s Act coverage where applicable. Coverage must be
applicable to employees, contractors, subcontractors, and volunteers, if any.
The above insurance limits may be achieved by a combination of primary and
umbrella/excess liability policies.
Other Insurance Provisions.
a. Prior to the execution of this Agreement, and then annually upon the anniversary date(s) of
the insurance policy’s renewal date(s) for as long as this Agreement remains in effect, the
Vendor will furnish the City with a Certificate of Insurance(s) (using a ppropriate ACORD
certificate, SIGNED by the Issuer, and with applicable endorsements) evidencing all of the
coverage set forth above and naming the City as an “Additional Insured” on the Commercial
General Liability Insurance and on the Commercial Automobile Liability Insurance. In
addition when requested in writing from the City, Vendor will provide the City with certified
copies of all applicable policies. The address where such certificates and certified policies
shall be sent or delivered is as follows:
City of Clearwater
Attn: Purchasing Department, RFP #50-16
P.O. Box 4748
Clearwater, FL 33758-4748
b. Vendor shall provide thirty (30) days written notice of any cancellation, non-renewal,
termination, material change or reduction in coverage.
c. Vendor’s insurance as outlined above shall be primary and non-contributory coverage for
Vendor’s negligence.
d. Vendor reserves the right to appoint legal counsel to provide for the Vendor’s defense, for
any and all claims that may arise related to Agreement, wor k performed under this
Agreement, or to Vendor’s design, equipment, or service. Vendor agrees that the City shall
not be liable to reimburse Vendor for any legal fees or costs as a result of Vendor providing
its defense as contemplated herein.
The stipulated limits of coverage above shall not be construed as a limitation of any potential
liability to the City, and City’s failure to request evidence of this insurance shall not be construed
as a waiver of Vendor’s (or any contractors’, subcontractors’, representatives’ or agents’)
obligation to provide the insurance coverage specified.
MILESTONES
Actuarial and Related Services 20 RFP #50-16
1. ANTICIPATED BEGINNING AND END DATE OF INITIAL TERM . January 1, 2017 through
December 31, 2021
2. EXTENSION. The City reserves the right to extend the term of this contract, provided however,
that the City shall give written notice of its intentions to extend this contract no later than thirty
(30) days prior to the expiration date of the contract.
3. PRICES. All pricing shall be firm for the five-year term except where otherwise provided by the
specifications, and include all transportation, insurance and warranty costs. The City shall not be
invoiced at prices higher than those stated in any contract resulting from this proposal.
a. The Contractor certifies that the prices offered are no higher than the lowest price the
Contractor charges other buyers for similar quantities under similar conditions. The
Contractor further agrees that any reductions in the price of the goods or servic es
covered by this proposal and occurring after award will apply to the undelivered balance.
The Contractor shall promptly notify the City of such price reductions.
b. No fuel surcharges will be accepted.
RESPONSE ELEMENTS
Actuarial and Related Services 21 RFP #50-16
1. PROPOSAL SUBMISSION - Submit one (1) signed original proposal with five (5) copies of the
proposal and one (1) electronic format copy in a sealed container.
2. PROPOSAL FORMAT (the following should be included and referenced with index tabs)
Table of Contents: Identify contents by tab and page number
TAB 1 - Letter of Transmittal.
A brief letter of transmittal should be submitted that includes the following information:
1. The proposer’s understanding of the work to be performed.
2. A positive commitment to perform the service within the time period specified.
3. The names of key persons, representatives, project managers who will be the main
contacts for the City regarding this project.
TAB 2 – Qualifications and Experience of the Firm.
A statement of qualifications, abilities, experience and expertise in providing the requested
services:
A description of what qualifies your company, financial and otherwise, to provide the City with
these services for the required period of time, provide appropriate staffing, provide necessary
resources; and show a history of demonstrated competence:
1. Indicate size of firm, organizational structure, location of management, and charter
authorization and licenses to do business in the State of Florida
2. Describe resources available to your firm and expertise in the governmental field
3. Describe specific experience providing actuarial services to pension plans and
governmental units. Please include your most recent clients within the State of Florida,
including names, addresses, contact persons with phone number; briefly describe the
services performed for these clients
4. Overview of any current litigation your firm is a party to.
TAB 3 – Qualifications of Personnel. The following information should be included:
Provide resumes of the personnel who would be directly involved in performing actuarial
services for the City and the pension plan, including:
1. Formal and supplemental education, certifications, and licenses if applicable
2. Experience in performing actuarial services including pension plan and governmental
clients
3. Membership in professional organizations
TAB 4 – Approach, Methodology, and Timeline. The following information should be included:
a. Proposed approach and methodology for gathering of data and completion of the
valuation
b. Proposed timeline including all significant milestones
TAB 5 – Familiarity with GASB and State of Florida reporting requirements .
Please demonstrate your understanding of all applicable GASB and State of Florida reporting
requirements for the pension plan and the City.
TAB 6 – References.
Provide four (4) complete references for which similar services are currently provided, preferably
governmental clients and pension plans in the State of Florida. Include the name of entity, contact
person’s names, phone numbers, e-mail addresses, mailing addresses, types of services
provided, and dates these services were provided.
RESPONSE ELEMENTS
Actuarial and Related Services 22 RFP #50-16
TAB 7 - Contract and Compensation – Fee Proposal.
1. Provide the firm’s proposed fee schedule for the outlined services, including whether fee
is on a project basis or hourly basis, the estimated number of hours and total cost, and
any other costs which would be reasonably expected to occur as a result of the contract
performance. If applicable, provide projected hourly c ost increases for years two (2)
through (5) of the contract. Costs should be quoted on each service as follows:
a. Annual pension plan actuarial valuation for funding purposes
b. Annual pension plan actuarial report for fiscal year-end financial reporting purposes,
including all applicable GASB and State of Florida annual reporting requirements
c. Annual reporting requirements per Chapter 112.664 Florida Statutes.
d. Annual and/or biannual postemployment benefits actuarial valuation
e. Annual employee benefit statements
f. Any other annual fees per scope of services
g. Experience study – anticipated to be completed for the five (5) years ended either
12/31/16 or 12/31/17
h. Consultation to City staff on actuarial related issues (hourly rate) as requested
TAB 8 - Other Forms. The following forms should be completed and submitted with proposal:
1. Exceptions/Additional Materials/Addenda form
2. Vendor Information form
3. Offer and Acceptance form
4. W-9 Form. All responses shall include a fully completed, most current W-9 form.
(http://www.irs.gov/pub/irs-pdf/fw9.pdf)
EXCEPTIONS / ADDITIONAL MATERIAL / ADDENDA
Actuarial and Related Services 23 RFP #50-16
Proposers shall indicate any and all exceptions taken to the provisions or specifications in this solicitation
document. Exceptions that surface elsewhere and that do not also appear under this section shall be
considered invalid and void and of no contractual significance.
Exceptions (mark one):
**Special Note – Any material exceptions taken to the City’s Terms and Conditions may render a
Proposal non-responsive.
No exceptions
Exceptions taken (describe--attach additional pages if needed)
Additional Materials submitted (mark one):
No additional materials have been included with this proposal
Additional Materials attached (describe--attach additional pages if needed)
Acknowledgement of addenda issued for this solicitation:
Prior to submitting a response to this solicitation, it is the vendor’s responsibility to confirm if any add enda
have been issued.
Addenda Number Initial to acknowledge receipt
Vendor Name Date:
VENDOR INFORMATION
Actuarial and Related Services 24 RFP #50-16
Company Legal/Corporate Name:
Doing Business As (if different than above):
Address:
City: State: Zip: -
Phone: Fax:
E-Mail Address: Website:
DUNS #
Remit to Address (if different than above): Order from Address (if different from above):
Address: Address:
City: State: Zip: City: State: Zip:
Contact for Questions about this proposal:
Name: Fax:
Phone: E-Mail Address:
Day-to-Day Project Contact (if awarded):
Name: Fax:
Phone: E-Mail Address:
Certified Small Business
Certifying Agency:
Certified Minority, Woman or Disadvantaged Business Enterprise
Certifying Agency:
VENDOR CERTIFICATION OF OFFER
Actuarial and Related Services 25 RFP #50-16
By signing and submitting this Proposal, the Vendor certifies that:
a) It is under no legal prohibition to contract with the City of Clearwater.
b) It has read, understands, and is in compliance with the specifications, terms and conditions stated herein, as
well as its attachments, and any referenced documents.
c) It has no known, undisclosed conflicts of interest.
d) The prices offered were independently developed without consultation or collusion with any of the other
respondents or potential respondents or any other anti -competitive practices.
e) No offer of gifts, payments or other consideration were made to any City employee, officer, elected official,
or consultant who has or may have had a role in the procurement process for the services and or
goods/materials covered by this contract.
f) It understands the City of Clearwater may copy all parts of this response, including without limitation any
documents and/or materials copyrighted by the respondent, for internal use in evaluating respondent’s offer,
or in response to a public records request under Florida’s public records law (F.S. 119) or other applicable
law, subpoena, or other judicial process.
g) Respondent hereby warrants to the City that the respondent and each of its subcontractors
(“Subcontractors”) will comply with, and are contractually obligated to comply with, all Federal Immigration
laws and regulations that relate to their employees.
h) Respondent certifies that they are not in violation of section 6(j) of the Federal Export Administration Act and
not debarred by any Federal or public agency.
i) It will provide the materials or services specified in compliance with all Federal, State, an d Local Statutes
and Rules if awarded by the City.
j) It is current in all obligations due to the City.
k) It will accept such terms and conditions in a resulting contract if awarded by the City.
l) The signatory is an officer or duly authorized agent of the respon dent with full power and authority to submit
binding offers for the goods or services as specified herein.
ACCEPTED AND AGREED TO:
Company Name:
Signature:
Printed Name:
Title:
Date:
MAILING LABEL
CUT ALONG THE LINE AND AFFIX TO THE FRONT OF YOUR BID CONTAINER
Actuarial and Related Services 26 RFP #50-16
--------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------
SEALED PROPOSAL
Submitted by:
Company Name:
Address:
City, State, Zip:
RFP #50-16, Actuarial and Related Services
Due Date: October 20, 2016, at 10:00 A.M.
City of Clearwater
Attn: Purchasing
PO Box 4748
Clearwater FL 33758-4748
--------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------
---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services ------------------------------------------------
SEALED PROPOSAL
Submitted by:
Company Name:
Address:
City, State, Zip:
RFP #50-16, Actuarial and Related Services
Due Date: October 20, 2016, at 10:00 A.M.
City of Clearwater
Attn: Purchasing
100 S Myrtle Ave 3rd Fl
Clearwater FL 33756-5520
---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services ------------------------------------------------
Exhibit A – Scope of Work
SCOPE OF WORK – ACTUARIAL AND RELATED SERVICES.
Annually:
1) Prepare and provide actuarial valuation report for the Plan for funding purposes as of
January 1st by April 1st annually. Twelve hard copies and one electronic PDF version are
to be provided.
2) Provide information to satisfy GASB 67/68 accounting and financial reporting
requirements, using the current fiscal year-end as the measurement date for current year
reporting, and using data from the most recent January 1st actuarial valuation. This
information is to be provided by February 1st annually. Timeliness of this information is
critical given the use of current fiscal year-end for the measurement date. One electronic
PDF version is to be provided.
3) Provide disclosure reports to satisfy requirements of Chapter 112.664 Florida Statutes by
May 15th annually. One electronic PDF version is to be provided.
4) Prepare and provide individual employee benefit statements by May 31st annually. The
benefit statements, to be distributed to employees, should include such information as
projected plan benefits, employee contributions, accrued plan benefits, date of 100%
vesting, etc. Statements are to be provided electronically in PDF format.
5) Prepare and provide “Actuarial Confirmation of the Use of State Moneys” per State of
Florida Division of Retirement requirements per provisions of sections 175.351 and
185.35, Florida Statutes, as amended by Chapter 99.1, Laws of Florida. To be provided
by March 15th annually.
Related services:
1) Prepare and provide an experience study to evaluate current actuarial assumptions and
methods used by the Plan and recommend changes as appropriate, including the
financial effect of proposed changes. One experience study is expected during the five
year term of this agreement.
2) Provide pension buy-back calculations, responses to inquiries from the State of Florida
Division of Retirement, and other actuarial advice and calculations as requested.
Exhibit B - Fee Schedule
Annual Pension Plan Actuarial Valuation for Funding Purposes, including
annual employee benefit statements and attendance at the April Pension
Trustees' meeting to present results *:18,500$
Annual Pension Plan Actuarial Report for Fiscal Year-End Financial
Reporting Purposes, including all applicable GASB and State of Florida
annual reporting requirements:5,500$
Annual Reporting Requirements per Chapter 112.664 Florida Statutes:3,000$
Five-Year Experience Study including separate analysis of the experience
for hazardous versus non-hazardous members:22,500$
Actuarial Impact Statements, Studies, and Other Calculations, as requested:Hourly Rates**
Standard Hourly
Rates
$354 - $454
$278 - $332
$220 - $272
$172 - $202
$126 - $140
* The fees for actuarial valuations are applicable for 2017. Fees for subsequent actuarial
valuations will be increased by the change in the CPI-U index from December of one year to
December of the next year, not to exceed 3% per year.
** The hourly rates are applicable through June 2017. The rates are updated annualy each
July 1st, generally to reflect inflation and changes in the cost of overhead. Based on current
inflation forecasts, these rates are not expected to increase by more than 3% annually for
the term of the contract.
Senior Actuarial Analyst
Actuarial Analyst
Administrative Assistant
City of Clearwater Employees' Pension Plan
Fee Schedule For Actuarial Services - Gabriel Roeder Smith & Company
Title
Senior Consultant
Consultant
Exhibit C – Exceptions to Terms and Conditions
Gabriel Roeder Smith & Company Agreement - Exceptions relating to the Terms and Conditions
Addition to S.13 re Public Records:
j) The City understands, acknowledges and agrees that (i) GRS is providing services
which cannot be performed by the City and (ii) subject to Chapter 119, Florida Statutes, internal
work papers, proprietary information, source code, and software may not be public records.
Addition to S.20 Termination for Convenience:
GRS may also cancel the contract with 30 days written notice to the City for any of the
following reasons: 1) the City, the Board, or one or more plan participants or beneficiaries, or the
State has filed a lawsuit against GRS in a matter related to the City, its par ticipants, or its
beneficiaries, 2) a member of the City’s Pension Board or Staff has been found guilty of criminal
or civil breach of fiduciary responsibility or other severe wrongdoing with respect to the City or
GRS, or 3) a member of the City or Staff demands that GRS take actions deemed by GRS
Management to be unethical or illegal. GRS may otherwise cancel the contract upon giving 90
days written notice to the City.
Revision to S.25 Indemnification/Liability, section a:
a. GRS agrees to indemnify the City for the actual amount of all direct losses the City
suffers due to gross negligence, error, or willful misconduct on the part of GRS in performing the
services hereunder in an amount not to exceed $1,000,000. In the event of disputes, both
parties to this contract agree to waive their right to a jury trial and that any claims or dispute
arising out of this agreement, will be submitted to mandatory binding arbitration before an
arbitrator in good standing with the American Arbitration Association. The City must notify GRS
of any lawsuit, complaint, or other situation for which indemnification may be sought within six
(6) months of the date the City is notified of the matter. The City agrees to indemnify, defend and
hold harmless GRS for third party claims to the extent that such third party claims would cause
the aggregate damages to exceed $1,000,000 and the claims are found to result from the sole
negligence of the City, its governing body, or its employees . This indemnification shall not be
construed to be an indemnification for the acts or omissions of third parties, independent
contractors or third party agents of the City. This indemnification shall not be construed as a
waiver of the City’s sovereign immunity, and shall be interpreted as limi ted to only such
traditional liabilities for which the City could be liable under the common law interpreting the
limited waiver of sovereign immunity. Any claims against the City must comply with the
procedures found in §768.28, Florida Statues. In order to comply with the requirements of
§129.06, Florida Statutes, and Article VII, section 10 of the Florida Constitution, the value of this
indemnification is limited to the lesser of the amount payable by either party under the
substantive provisions of this Agreement, or the limitations of §768.28, Florida Statutes. In
addition, this indemnification shall be construed to limit recovery by the indemnified party against
the City to only those damages caused by City’s sole negligence, and specifically not in clude
any attorney’s fees or costs associated therewith. Furthermore, the City shall indemnify GRS
against third party derivative lawsuits, to the extent that such lawsuits result in a judgment
payable to the City. In no event will GRS be liable to the City for any indirect, incidental, special,
consequential, exemplary or reliance damages (including, without limitation, lost business
opportunities or lost sales or profits) arising out of GRS’ services to the City, regardless of
whether GRS is advised of the likelihood of such damages.
Additional Section Requested… Third Party Dealings:
Except as may be required by law or legal process, GRS will not provide information
related to the City to third parties except with the permission of, and under the spec ific direction
of, the City. By giving such direction and permission, the City agrees to indemnify, defend, and
hold harmless GRS, or to require such third party to indemnify GRS, with respect to any such
third party’s use of GRS work products. GRS shall not review any third party work product
except under the specific written direction of the City to do so, and only for reasonable
compensation. Such review if undertaken shall be limited to those areas in which GRS has
expertise, and shall specifically exclude conclusions related to income tax, investment matters,
and legal matters.
SERVICES AGREEMENT
THIS AGREEMENT, entered into this __________ day of ___________,
2016 by and between the CITY OF CLEARWATER, a Florida municipal
corporation, hereinafter referred to as “City, “ P.O. Box 4748, Clearwater, Florida
33758 and Gabriel, Roeder, Smith & Company, a Florida corporation, hereinafter
referred to as “GRS,” 1 East Broward Blvd, Suite 505, Ft Lauderdale, Florida
33301.
WHEREAS, the City administers a defined benefit pension plan that
requires annual actuarial services for both f unding and financial reporting
purposes, in compliance with Governmental Accounting Standards Board
(GASB) and State of Florida reporting requirements; and the City requires related
services to include the preparation of annual employee benefit statements and
other actuarial services and advice on a project or fee per hour basis as needed;
and
WHEREAS, GRS agrees to provide such required actuarial and related
services;
NOW THEREFORE, in consideration of the promises stated herein, the
City and GRS mutually agree as follows:
1. SCOPE OF PROJECT.
GRS agrees to provide actuarial and related services under the terms and
conditions set forth in Request for Proposal (RFP) No. 50 -16, Actuarial and
Page 2 of 6
Related Services, and GRS’ response dated October 18, 2016, includ ing agreed
upon exceptions to Terms and Conditions per Exhibit C – Exceptions to Terms
and Conditions, and described in attached Exhibit A – Scope of Work.
2. TIME OF PERFORMANCE.
The initial Contract Term shall commence on January 1, 2017 and end
December 31, 2021.
3. COMPENSATION.
The City will pay GRS a sum not to exceed $165,850 as described in
attached Exhibit B – Fee Schedule, inclusive of all reasonable and necessary
direct expenses, if applicable. The City may, from time to time, require changes
in the scope of the project of GRS to be performed hereunder. Such changes,
including any increase or decrease in the amount of GRS’ compensation and
changes in the terms of this Contract which are mutually agreed upon by and
between City and GRS shall be effective when incorporated in written
amendment to this Contract.
4. METHOD OF PAYMENT.
GRS’ invoices shall be submitted to the City for approval for payment on a
Net 30 basis. The City agrees to pay after approval under the terms of the Florida
Prompt Payment Act F.S. 218.70.
The City’s performance and obligation to pay under this Contract is
contingent upon an annual appropriation of the City’s budget.
5. NOTICES AND CHANGES OF ADDRESS.
Any notice required or permitted to be given by the provisions of this
Page 3 of 6
Contract shall be conclusively deemed to have been received by a party hereto
on the date it is hand delivered to such party at the address indicated below (or
at such other address as such party shall specify to the other party in writing), or
if sent by registered or certified mail (postage prepaid) on the fifth (5th) business
day after the day on which such notice is mailed and properly addressed.
Gabriel, Roeder, Smith & Co. City of Clearwater
___________________ Jay Ravins
Name Name
___________________ Finance Director
Title Title
P.O. Box 4748
___________________ Clearwater, Florida 33758
Address
___________________ 727-562-4538
Telephone # Telephone #
___________________ 727-562-4535
Facsimile # Facsimile #
6. TERMINATION OF CONTRACT.
Termination by the City is pursuant to RFP No. 50 -16 Terms and
Conditions as amended by agreed upon exceptions per Exhibit C – Exceptions
to Terms and Conditions.
7. INDEMNIFICATION AND INSURANCE.
GRS agrees to comply with all terms, provisions, and requirements
contained in RFP No. 50-16, Actuarial and Other Services, as amended by
Page 4 of 6
agreed upon exceptions per Exhibit C – Exceptions to Terms and Conditions,
made a part hereof as if said document were fully set forth at length herein.
8. PROPRIETARY MATERIALS.
Upon termination of this Contract, GRS shall transfer, assign and
make available to City or its representatives all property and materials i n GRS’
possession belonging to or paid for by the City.
9. INTERESTS OF PARTIES.
GRS covenants that its officers, employees and shareholders have
no interest and shall not acquire any int erest, direct or indirect, which would
conflict in any manner or degree with the performance and/or provision of
services required under the terms and conditions of this Contract.
10. CONFORMANCE WITH LAWS.
GRS agrees to comply with all applicable federal, state and local
laws during the life of this Contract.
11. ATTORNEY FEES.
In the event that either party seeks to enforce this Contract through
attorneys at law, then the parties agree that each party shall bear its own
attorney fees and costs.
12. GOVERNING LAW AND VENUE.
The laws of the State of Florida shall govern this Contract, and any action
brought by either party shall lie in Pinellas County, Florida.
13. PUBLIC RECORDS.
Page 5 of 6
In addition to all other contract requirements as provided by law, GRS
agrees to comply with public records law. GRS’s agreement to comply with
public records law applies specifically to:
a) Keep and maintain public records required by the City to perform
the service being provided by GRS hereunder.
b) Upon request from the City’s custodian of public records, provide
the City with a copy of the requested records or allow the records to be inspected
or copied within a reasonable time at a cost that does not exceed the cost
provided for in Chapter 119, Florida Statutes, as may be amended from time to
time, or as otherwise provided by law.
c) Ensure that the public records that are exempt or confidential and
exempt from public records disclosure requirements are not disclosed except as
authorized by law for the duration of the contract term and following completion
of the contract if GRS does not transfer the records to the City.
d) Upon completion of the contract , transfer, at no cost, to the City all
public records in possession of GRS or keep and maintain public records
required by the City to perform the service. If GRS transfers all public records to
the City upon completion of the contract, GRS shall destroy any duplicate public
records that are exempt or confidential and exempt from public records
disclosure requirements. If GRS keeps and maintains public records upon
completion of the contract, GRS shall meet all applicable requirements for
retaining public records. All records stored electronically must be provided to the
Page 6 of 6
City, upon request from the City’s custodian of public records, in a format that is
compatible with the information technology systems of the City.
IN WITNESS WHEREOF, the parties hereto have executed this Contract
as of the date set forth above.
(If approved by Trustees)
CITY OF CLEARWATER EMPLOYEES’ PENSION FUND
Countersigned:
By: ________________________
George N. Cretekos
Chairperson
Approved as to form: Attest:
_______________________ ____________________________
Matthew Smith Rosemarie Call
Assistant City Attorney City Clerk
(NAME OF COMPANY)
Attest:
_______________________ By: ________________________
Print Name: _____________ Print Name: ___________________
Secretary Title: ________________________