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HomeMy Public PortalAbout15-9008 Implement a Voluntary Early Retirement and Separation Incentive Program Sponsored by: City Manager RESOLUTION NO. 15-9008 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO IMPLEMENT A VOLUNTARY EARLY RETIREMENT AND SEPARATION INCENTIVE PROGRAM PAYABLE FROM THE GENERAL FUND AND WATER AND SEWER FUND RESERVES; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, The City of Opa-locka requires immediate measures to achieve cost savings and insure financial stability, while still providing excellent quality services; and WHEREAS, the City's current level of staffing will have to be reduced in order to achieve cost savings and insure that the City's finances are financially stable; and WHEREAS, voluntary separation programs can produce cost savings, while minimizing impact to employees who meet the eligibility requirements. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA: Section 1. The recitals to the preamble herein are incorporated by reference. Section 2. The City Commission hereby authorizes the Manager to implement a voluntary early retirement and separation program to be funded from the General Fund and Water and Sewer Reserves, with the following options: Program#I— Twenty-five (25) Years of Service or greater; Option A: Two (2) years of health insurance coverage, and $5,000 cash; or Option B: No health insurance coverage and $15,000. Program #2—Five (5) Years to less than Twenty-five years of Service Option A: One (1) years of health insurance coverage, and $1,000 cash for the first five years of service, and an additional $500 for each year up to $5,000; or Resolution No. 15-9008 Option B: No health insurance coverage and $1,000 for each year not to exceed $12,000. Program #3—Early Retirement Option A: One (1) year of health insurance coverage and $2,500 cash for the first five (5) years of service, and an additional $500 for each additional year up to $10,000; or Option B: No health insurance coverage and $1,250 for each year not to exceed $15,000. Election Period: Start date: Monday, June 1, 2015 End date: Friday, June 26, 2015 Separation date: July 3, 2015 Section 3. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 10th day of Tune, 2015. M ra L. Taylor Mayor Attest to: Approved as to form and legal sufficiency: rI kLcLkJO- JoJina Flores Vincent T. Brown City Clerk BROWN LAW GROUP, LLC City Attorney Moved by: COMMISSIONER SANTIAGO Seconded by: COMMISSIONER KELLEY Commission Vote: 4-0 Commissioner Kelley: YES Commissioner Pinder: YES Commissioner Santiago: YES Vice Mayor Holmes: OUT OF ROOM Mayor Taylor: YES OQP-LOCj 7 i> O!ORAI- City of Opa-Locka Agenda Cover Memo Commission Meeting 06/01/2015 Item Type: Resolution Ordinance Other Date: X (EnterX in box) Fiscal Impact: Ordinance Reading: 1st Reading 2"Reading (Enter X in box) Yes No (Enter X in box) Public Hearing: Yes No Yes No (Enter X in box) Funding Source: (Enter Fund&Dept) Advertising Requirement: Yes No (Enter Acct No.) (Enter X in box) Contract/P.O.Required: Yes No RFP/RFQ/Bid#: (Enter X in box) N/A Strategic Plan Related Yes No Strategic Plan Priority Area: Strategic Plan Obj./Strategy: (list the (Enter X in box) specific objective/strategy this item will address) Enhance Organizational Bus.&Economic Dev 0 Public Safety Quality of Education Qual.of Life&City Image p Communcation Sponsor Name City Manager Department: City Manager Shcwt Title: Voluntary Separation Incentive Program Staff I nary: The City of Opa-locka is committed to identifying cost savings opportunities. Programs that reduce recurring expenses while minimizing impact to employees are the most advantageous. Voluntary employee separation programs offer employees with the qualifying years of service and/or who have met the eligibility requirements for pension programs a greater incentive when voluntarily separating from the City. Proposed Action: Approval Attachment: 1.Ordinance 03-05—Financial Integrity Principles 2.Voluntary Separation Incentive Program information 3. Employee Separation Agreement 4. Employee Separation application LCJC Cit5 of Mori& LU 4851 Memorandum TO: Mayor Myra L. Taylor Vice-Mayor Timothy Holmes Commissioner Joseph L. Kelle Commissioner Ter nce K. p..der Commissioner LW. B. S, i tiago FROM: Kelvin L. Baker, Sr. , City M. DATE: May 29, 2015 RE: Resolution: Voluntary Early Retirement and Separation Incentive Program Request: A RESOLUTION OF THE CITY OF OPA-LOCKA, FLORIDA AUTHORIZING THE CITY MANAGER TO IMPLEMENT A VOLUNTARY EARLY RETIREMENT AND SEPARATION INCENTIVE PROGRAM PAYABLE FROM THE GENERAL FUND AND WATER AND SEWER FUND RESERVES Description: The City of Opa-locka is committed to identifying cost savings opportunities. Programs that reduce recurring expenses while minimizing impact to employees are the most advantageous. Voluntary employee separation programs offer employees with the qualifying years of service and/or who have met the eligibility requirements for pension programs a greater incentive when voluntarily separating from the City. Financial Impact: Approximately $200,000 payable from the General Fund and Water & Sewer Fund Reserves. Implementation Timeline: Implement June 2nd. Election period ends June 26th. Separation occurs by July 3rd Legislative History: None. Recommendation(s): Staff recommends approval. Analysis: A voluntary early separation program provides incentives to employees, but also provides the City with cost saving opportunities. Only employees with certain years of service that, in some cases, may have reached a high/maximum salary level are likely to take advantage of these programs. This will allow the City to replace that an employee with one at a lower rate of pay. In most cases, due to the City's financial condition, the positions will not be filled at all. Below are details of the three programs offered: Program #1 — Twenty-five (25) Years of Service, Regardless of Age Option A: Two (2) years of health insurance coverage, and $5,000 cash; or Option B: No health insurance coverage and $15,000. Program #2—Fifty-Five (5) Years to less than Twenty-five years of Service Option A: One (1) years of health insurance coverage, and $1,000 cash for the first five years of service, and an additional $500 for each year up to $5,000; or Option B: No health insurance coverage and $1,000 for each year not to exceed $12,000. Program #3—Early Retirement Option A: One (1) year of health insurance coverage and $2,500 cash for the first five (5) years of service, and an additional $500 for each additional year up to $10,000; or Option B: No health insurance coverage and $1,250 for each year not to exceed $15,000. Election Period: Start date: Tuesday, June 2, 2015 End date: Friday, June 26, 2015 Separation date: July 3, 2015 Based on the number of employees eligible for both programs and also taking into consideration that not every eligible employee will elect for early separation, we estimate the total expenses including the cash incentive and leave balances will be approximately $200,000. Since the cash incentive payments and the payout of a significant amount of leave balances is not budgeted, we are recommending the approval of the use of General Fund and Water & Sewer Fund reserves. The City's Financial Integrity Principles (Ordinance 03-05) allows up to $300,000 of General Fund annual budgeted reserves be used with Commission approval and directs the Water & Sewer Fund retain at least a 2-5% reserve. Currently, the General Fund Reserve bank account has a balance of$303,093.30 and the Water & Sewer Fund reserve account has a balance of$1,451,853.39. We recommend the costs of the incentive separation program be divided between the two accounts as follows: General Fund— 30% and Water& Sewer Fund 70%. Once we reduce or eliminate recurring expenses and allow the General Fund the chance to end the fiscal year with a positive fund balance, we can slowly begin rebuilding the General Fund reserves. Attachments: 1. Ordinance 03-05 —Financial Integrity Principles 2. Voluntary Separation Incentive Program information 3. Employee Separation Agreement 4. Employee Separation application PREPARED BY: Faye Douglas, Budget Administrator oQp-�ocka o� <o City of Opa-locka 6\1 Voluntary Early Separation Incentive Program Employee Application 9N Name: Home Phone Number: Home Address: Home email Address: Last 4 digits of SSN: Estimated Number of Years of Service: Job Title: Department: Yes, I elect to participate in the Voluntary Early Separation Incentive Plan offered by the City of Opa- locka. I understand that if my participation is accepted by the City of Opa-locka that I am tendering my resignation from the City of Opa-locka, effective July 3, 2015. Yes, I have had an opportunity to read and understand the Voluntary Early Separation agreement. Yes, I understand it is my responsibility to update the City of Opa-locka, in writing, as to any change in my home phone number, home address and home email as some communication will be delivered after I separate from service. Employee Signature: Date: (Forward completed application and signed agreement to the Human Resources Department.) HUMAN RESOURCES USE ONLY Date Application Approved: Date Applicant Notified of Approval: City of Opa-locka Voluntary Early Separation Program Information Purpose The purpose of this Voluntary Early Separation Incentive Program (VESIP) is (1) to provide a financial incentive to certified employees, as defined below, who elect early separation from the City of Opa-locka (City) and (2) to provide the City with an improved budget position. Eligibility Requirements This Plan is offered for the FY 2014-2015 Fiscal Year. Any subsequent years must be approved by the City Commission. The following Voluntary Early Separation Incentive Program (VESIP) will be available to employees who meet the following criteria and therefore are considered eligible: • Eligibility: 1. The recipient of the early separation incentive benefit must be a certified employee, as defined below. 2. The certified employee must have at least twenty (25) years of full-time employment with the City for Program #1, at least five (5) years of full-time employment with the City for Program #2, and eligible for retirement for Program #3, as determined by the criteria outlined in Years of Service below. • All eligible certified employees who participate in this Plan must submit a written application and signed Separation Agreement by the dates stated in this Plan. A certified employee who fails to comply with the timelines required in this Plan waives the right to participate in the Plan for the applicable fiscal year. Years of Service For purposes of this VESIP policy only, "Years of Service" shall mean the sum of all full consecutive years of service during which the employee was employed as a full-time certified employee by the City. The number of years of service shall be determined by the records in the employee's personnel file. Separation Important Dates The City will remit the early separation payment to an eligible certified employee who elects to separate under this Plan on July 3, 2015. The early separation payment will be determined based upon Program selected (1 or 2), Option selected (A or B), and leave balances. 1 of 4 City of Opa-locka Voluntary Early Separation Program Information Each certified employee is solely and entirely responsible for determining whether he or she may be eligible to participate in this Plan, and for submitting the required documents in accordance with the timelines established herein. Potentially eligible certified employees who desire to separate from the City must apply to the Human Resources Office for the VESIP benefit no later than 4:00pm, June 26, 2015. The Human Resources Office will make a final eligibility determination and will notify all applicants whether they qualify for the VESIP benefit. Certified employees who do not qualify for the VESIP benefit will not be eligible to participate in this Plan. Only the names of eligible employees who have complied with all requirements under this Plan will be submitted to the City Manager for approval. Voluntary Early Separation Incentive Payment Programs 1, 2, and 3 Below are details of the three programs offered: Program #1— Twenty-five (25) Years of Service, Regardless of Age Option A: Two (2) years of health insurance coverage, and $5,000 cash; or Option B: No health insurance coverage and $15,000. Program#2— Five(5) Years to less than Twenty-five years of Service Option A: One (1) years of health insurance coverage, and $1,000 cash for the first five years of service, and an additional $500 for each year up to $5,000; or Option B: No health insurance coverage and $1,000 for each year not to exceed $12,000. Program#3— Early Retirement Option A: One (1) year of health insurance coverage and $2,500 cash for the first five (5) years of service, and an additional $500 for each additional year up to $10,000; or Option B: No health insurance coverage and $1,250 for each year not to exceed $15,000. 2 of 4 City of Opa-locka Voluntary Early Separation Program Information Separation Agreement In return for the financial incentives provided under this Plan, the certified employee shall enter into a Separation Agreement with the City, releasing the City and its directors, officers, agents, commission, and employees, and their attorneys from any and all claims or other causes of action the certified employee may have against them. The signed Separation Agreement shall be submitted to the office of Human Resources no later than 4:00 p.m. on June 26, 2015. Group Medical, Dental, and Vision Benefits The City will also pay the premiums for individual medical, dental, and vision coverage under the City's group health insurance plan based on the employee coverage at the time of separation and VESIP program and option selected as follows: • The City will not pay premiums for coverage under any other health insurance plan other than the City's group medical, dental and vision plans. • Employee can remove spouse or dependant coverage during the City's annual open enrollment period, but cannot add or increase spouse or dependant coverage. • Payment of premiums under this section shall begin on July 1 of the year of separation, with coverage to end on Sept 30 of the final year of coverage. • Certified employees must ensure the City receives any portion of the premiums for which the employee is responsible by the 15th of preceding month for which insurance service is required. For example, insurance premiums for the month of July are due no later than June 15th. The City's obligation to remit partial premiums under this Plan shall terminate immediately and permanently upon the certified employee's initial failure to submit, by any applicable deadline, the certified employee's portion of the premium due. • The payment of insurance premiums for insurance coverage becomes the sole responsibility of the certified employee after the benefit period provided in this Plan has expired. • The City's obligation to pay insurance premiums for the employee and dependants will terminate upon the death of the individual certified employee. Payment for Unused Sick and Vacation Leave Certified employees who participate in this VESIP Plan will also be eligible for payment for unused sick and vacation leave in accordance with City policy. Payment for unused accumulated sick and vacation leave will be made on July 3, 2015 and shall be subject to all deductions required and/or authorized by law. 3 of 4 City of Opa-locka Voluntary Early Separation Program Information Other Provisions • A certified employee who fails to submit a written application and signed Separation Agreement by the required dates waives the right to do so for the applicable fiscal year. • This VESIP is available only to eligible certified employees who apply no later than June 26, 2015. Withdrawal of Notice Once the certified employee has submitted a notice of intent to elect early separation, the certified employee will be permitted to withdraw such notice only in accordance with the terms of the Early Separation Agreement or in life or death emergency situations, subject to approval of the City Manager. Advice of Counsel and Tax Preparer Participants in the Voluntary Early Separation Incentive Program should seek advice of their own counsel and their own tax preparer prior to signing the Separation Agreement. The law regarding treatment of early separation payments and the payment of insurance premiums to early separation agreements is complex and changes from year to year. The City is not responsible for providing legal or tax advice to employees regarding the Voluntary Early Separation Incentive Program or the Separation Agreement. It is the employee's responsibility to obtain such advice in sufficient time to submit all applications and forms, as well as the signed Separation Agreement, in accordance with the deadlines established under this Plan. Termination of the Program Notwithstanding any other provision of the Program or any other policy, regulation, contract, agreement, or other writing adopted before or after this Program is approved by the City Commission, the City reserves the right to amend, modify, or repeal this Program, in whole or in part, at any time —provided, however, that any and all Separation Agreements that have been approved by City Manger and signed by the parties prior to such amendment, modification, or repeal shall be honored in accordance with the terms of the Agreement. 4 of 4 Separation Agreement and Release City of Opa-locka Separation Agreement and Release This Agreement and Release is between the City of Opa-locka (CITY) and the undersigned employee, the Parties to this Agreement and Release. For and in consideration of the mutual promises and covenants expressed herein: 1) On or before June 1, 2015, the CITY notified me that I was eligible to enroll in the CITY Voluntary Early Separation Incentive Program (the "Program"). I acknowledge receipt of the description of the Program, and I understand the benefits available through the Program. In a timely manner, I voluntarily enrolled in the Program. The acceptance of my Enrollment Form and my participation in the Program are conditioned upon my execution of this Agreement and Release. I hereby voluntarily execute, and freely deliver this Agreement and Release to CITY. In consideration of the benefits I will receive, as outlined in paragraph 4 of this Agreement and Release, I hereby agree to be bound by all of the terms of this Agreement and Release. 2) Effective , (Separation Date — must be on or before July 3, 2015), I hereby voluntarily and irrevocably resign as an employee of the CITY. 3) In consideration for my voluntary decision to resign, which is further evidenced by the release and waiver included in paragraph 5 below, the CITY shall make the Separation Incentive payment described in paragraph 4 below. 4) The CITY shall make a Separation Incentive Payment (SIP) based on my eligibility in one of the programs offered below in addition to accumulated sick and vacation leave in accordance with City policy: Program #1— Twenty-five(25) Years of Service, Regardless of Age Option A: Two (2) years of health insurance coverage, and $5,000 cash; or Option B: No health insurance coverage and $15,000. Program #2— Fifty- Five (5) Years to less than Twenty-five years of Service Option A: One (1) years of health insurance coverage, and $1,000 cash for the first five years of service, and an additional $500 for each year up to $5,000; or Option B: No health insurance coverage and $1,000 for each year not to exceed $12,000. Program #3—Early Retirement Option A: One (1) year of health insurance coverage and $2,500 cash for the first five (5) years of service, and an additional $500 for each additional year up to $10,000; or Option B: No health insurance coverage and $1,250 for each year not to exceed $15,000. Page 1 - Employee Initial Separation Agreement and Release My acceptance of the SIP payment shall constitute my acceptance of the accuracy of the calculation of the amount of the SIP and leave balance payment. This payment will be made on July 3, 2015. The payment will have no effect on the calculation of my retirement benefits. 5) This Agreement and Release are entered into voluntarily at a time of budget reductions and not in response to any matter between the Parties. As consideration for the SIP payment provided for in this Agreement and Release, I on behalf of myself and my heirs, executors, attorneys, administrators, and assigns, hereby release, acquit, remise and forever discharge all of the past, present and future trustees, officers, employees, agents, members, servants, public officials, independent contractors, insurers, benefits plans, third party administrators, attorneys and legal representatives of the City o f Opa- locka from all claims; demands; expenses; costs; attorneys and expert fees; causes of action; recoveries; relief; penalties; direct, special, exemplary, punitive, liquidated, consequential and all other monetary or other damages whatsoever; and liabilities of every kind and on any basis whatsoever, and waive all of my rights of every kind and on any basis whatsoever, whether known or unknown, fixed or contingent, direct or indirect, based on or arising under contracts, tort (of negligence, intent, or other), common law, equity, statute, regulation, constitution, strict or special liability, warranty or on any other basis, or of any other kind, that I have or may have as of or through the date of execution of this Agreement and Release (collectively and individually "Claims"). These released and waived Claims include but are not limited to claims arising under the Age Discrimination in Employment Act, 29 U.S.C. Section 621 et seq., as amended by the Older Worker's Benefit Protection Act of 1990 or any other federal or state law relating to discrimination in employment based upon age; the Family and Medical Leave Act; the Equal Pay Act; the Americans with Disabilities Act; the Rehabilitation Act; Florida and Federal Civil Rights Acts; False Claims Act; and the Fair Labor Standards Act. I understand that nothing in this Agreement and Release prevents me from filing a charge, cooperating with or participating in any proceeding before the Equal Employment Opportunity Commission or a state or local fair employment practices agency, but I acknowledge I may not recover monetary damages in connection with any such claim, charge, or proceeding. I do not release any claim, demand, or cause of action that may arise after the date of execution of this Agreement and Release or that law absolutely prohibits me to even voluntarily waive. Upon entering into this Agreement and Release, I waive the right to any future re- employment by CITY and to participate in any phased retirement program. 6) I acknowledge that I have at least twenty-five days beginning June 1, 2015 and ending at 4:00 pm on June 26, 2015, to consider whether or not to enter into this Agreement and Release. Page 2 - Employee Initial Separation Agreement and Release 7) If I do not enter into this Agreement and Release by signing and returning it to Human Resources Department, 3400 NW 135 Street, Bldg B, Opa-locka, FL 33054 by 4:00 pm on June 26, 2015, the offer to participate in the Program will expire and I will no longer have the opportunity to enter into this Agreement and Release or to participate in the Program. 8) I understand that I may revoke this Agreement and Release until five (5) days after I execute this Agreement and Release--but only as provided in this paragraph. To revoke this Agreement and Release, I must deliver to Human Resources Department, 3400 NW 135 Street, Bldg B, Opa-locka, FL 33054, on or before 4:00 P.M. of the fifth calendar day after the day on which I execute this Agreement and Release, my written notice that I am revoking this Agreement and Release. If I enter into and do not timely revoke this Agreement and Release in the manner provided in this paragraph 8, this Agreement and Release will remain in effect. 9) The terms of this Agreement and Release shall be construed and governed according to the laws of the State of Florida for all purposes, without giving effect to any Florida law governing choice of law. 10)This Agreement and Release may not be amended or terminated except by an instrument in writing executed by the Parties hereto or their authorized representatives. Its provisions are severable. If any part of this Agreement and Release is found to be unenforceable, the remainder of the Agreement and Release will continue to be valid and effective, except that the payment made under paragraph 4 shall not be owed unless the release and waiver in paragraph 5 are enforceable. The release and waiver are central consideration for the payment. 11)This Agreement and Release is not assignable. 12)This Agreement and Release constitutes the sole and exclusive agreement of the Parties with respect to the subject matter addressed and supersedes any prior or simultaneous written or oral understandings or agreements respecting the subject matter addressed. Forbearance or indulgence by any party in any regard shall not constitute a waiver of any term or provision of this Agreement and Release. No waiver shall be binding unless it is specific and executed in writing by the Party making the waiver. 13)This Agreement and Release shall become effective the first business day following the revocation period described in paragraph 8, unless I revoke this Agreement and Release in accordance with the requirements of paragraph 8. 14) I acknowledge and reaffirm my obligation to return all CITY property and records. 15)I acknowledge that I will not be eligible for rehire for any position for a period of one (1) year from the last date of employment with the City (i.e. voluntary separation date). Page 3 - Employee Initial Separation Agreement and Release 16)1 agree that after my resignation from CITY, I will provide CITY all reasonable cooperation to assist in transitioning my job duties and to assist in any legal or administrative matters relevant to me or for which I may have knowledge. I will perform any other transition tasks as reasonably requested by CITY. 17) I affirm that: (a) the only consideration for signing this Agreement and Release is set forth above in Paragraph 4, (b) no other promise, representation, or agreement of any kind has been made by any person or entity to cause or induce me to sign this Agreement and Release, (c) I fully understand the meaning of this Agreement and Release, including its final and binding effect, and freely and voluntarily assent to all of the terms and conditions hereof, and (d) I sign my name of my own free act. I state and represent that I have had an opportunity to fully discuss and review the terms of this Agreement and Release, including Exhibit I, with an attorney of my choosing. 18) I also acknowledge that I have been advised in writing by CITY to consult with an attorney and tax professional in regard to whether to enter into this Agreement and Release. I acknowledge and understand that I have had at least 25 days from the date (indicated in paragraph 1) on which this Agreement and Release was delivered to me, to consider whether to sign this Agreement and Release. If I sign this Agreement and Release, whether or not before the expiration of those 25 days, it is because I freely choose to do so. 19) Finally, as described in more detail in paragraph 8, I have 5 days from the date I sign this Agreement and Release to change my mind and revoke this Agreement and Release, upon which event I will be excluded from the Program and will be ineligible for any benefits provided under the Program. I understand and agree that by entering into this Agreement and Release I am releasing and waiving any and all rights and claims I might have under the Age Discrimination in Employment Act, as amended by the Older Workers Benefit Protection Act, and that I have received consideration beyond that to which I was previously entitled. Employee: Signature: Print Name: Date: Page 4- Employee Initial Separation Agreement and Release City of Opa-locka: Signature: City Manager or designee Print Name: Date: Page 5- Employee Initial 1St Reading: February 1 2, 2003 2nd Reading/Public Hearing: February 2 6, 2 0 0 3 Adopted: February 26, 2003 Effective Date: February 26, 2003 Sponsored by: City Manager Ordinance No. 0 3-0 5 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA RELATING TO FINANCIAL POLICIES; PROVIDING FOR FINANCIAL INTEGRITY PRINCIPLES; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE;FURTHER PROVIDING FOR AN EFFECTIVE DATE AND CODIFICATION IN THE CODE OF ORDINANCES WHEREAS,on February 28,2002,the Governor of the State of Florida was officially notified of a financial emergency in the City of Opa-locka; and WHEREAS, the City of Opa-locka and Governor entered into an Interlocal Agreement (IA) which set forth corrective actions to be taken to eliminate the financial emergency; and WHEREAS, the city desires that the use of financial "best practices" to assure maximum protection of public funds entrusted to the City of Opa-locka; and WHEREAS, the City recognized it has been making improvements in its financial position through adherence to financial "best practices"; and WHEREAS,these principles provide a framework to prevent another financial crisis through use of its own municipal home rule powers; and WHEREAS, the City desires to formalize eight (8) financial principles which will serve as the underlying basis for governing the City's finances in the future; and WHEREAS, these principles are crucial to assuring potential investors that investments in the City are safe as the City plans to reenter the credit market; NOW,THEREFORE,BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA: 1 Section 1. The recitals and findings contained in the Preamble to this Ordinance are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. Financial Integrity Principles Financial Integrity Principles and Policies to assure and maintain financial integrity in the City of Opa-locka are hereby established and shall be implemented immediately upon adoption to this Ordinance. The Financial Integrity Principles as set forth herein shall be reviewed and updated as necessary, at least every three years. The following Financial Integrity Principles are hereby adopted: 1. Structurally Balanced Budget—The City shall maintain a structurally-balanced budget. Recurring revenues will fund recurring expenditures. Non-recurring revenues and budget surpluses shall replenish reserve levels, support outstanding liabilities and pay for non- recurring expenditures, in the order set forth herein. 2. Professional Estimating Process—The City shall adopt budgets and develop its long and short-term financial and capital improvement plans containing estimates developed utilizing a professional estimating process. Estimates shall be prepared based on historical trends and shall be well substantiated. 3. Interfund Borrowing—The City shall not borrow or use internal fund transfers to obtain cash from one fund type or reserve to fund activities of another fund type or reserve unless such use is deemed lawful,and unless the Finance Director has determined that(a) the funds to be borrowed will not be needed during the lending period,and(b)the funds 2 for repayment will be available within a two-year period. Any actions taken to borrow funds under these conditions must be separately presented to and approved by the City Commission and the term of such borrowing shall not extend beyond the last day of the subsequent fiscal year. Recognizing that some programs are funded by grants or other entities on a reimbursement basis, the City shall apply for such reimbursements on a timely basis to minimize the period that City funds are used as float. In the event loans/float for these reimbursements extend beyond the end of a fiscal year, such reimbursements shall be reflected as receivables and noted as part of the annual budget process. 4. Reserve Policies—The City shall retain an annual end-of-year General Fund reserve of approximately$200,000. Further, upon resolving the deficits in the Water and Sewer and Solid Waste Funds, the City shall retain at least a 2-5%reserve in these funds. (a) Current Fiscal Year General Fund Contingency—A"contingency"reserve level of$500,000 shall be budgeted annually. $300,000 of such contingency reserve shall be available for use,with City Commission approval,during the fiscal year, to fund unanticipated budget issues, emergencies/natural disasters which may arise or potential expenditure overruns which cannot be offset through other sources or actions. This reserve level shall be replenished at the beginning of each fiscal year so it is available on an on-going basis. $200,000 shall remain unspent to provide for the year end reserve. (b) Reserve for uncompensated absences and other employee benefit liabilities-the City shall budget $65,000 annually in the General Fund, $17,500 in the Water 3 and Sewer Fund and $17,500 in the Sold Waste Fund to build the reserves sufficient to cover these liabilities for each fund. 5. Multi-Year Financial and Capital Plan(CIP)—The City Commission shall annually adopt a Financial Plan by September 30 of each year,in concert with the annual budget,which contains five years of financial forecast. Such plan will include cost estimates of all current city operations and proposed capital outlay expenditures,anticipated increases in operations, debt services payment, reserves to maintain the City's officially adopted levels and estimated recurring and non-recurring revenues. The Plan will be prepared by fund with a "Financial Summary Table" to reflect forecasted surpluses or deficits and potential budget balancing initiatives,where appropriate. The capital improvement component of the Plan shall cover cost estimates for all necessary infrastructure improvements needed to support City services, including information technology with an adequate repair and replacement(R&R)component. To the extent feasible, department heads shall be required to submit independent needs assessments for their departments for use in preparing the CIP.The plan will be detailed by fund,include recommended project prioritization rankings,identified revenue sources, planned financing options and unfunded projects. The CIP shall include a component reflecting all on-going approved capital projects of the City, the date funded, amount budgeted, amount spent since the start date, remaining budget, fiscal impact of known changes to financial assumptions underlying the project and estimated completion date. Approved projects,with circumstances that arise which change the funding requirements of the project, shall be addressed in the CIP annually. 4 6. Financial Oversight and Reporting—The City shall provide for the on-going generation and utilization of financial reports on all funds comparing budgeted revenue and expenditure information to actual on a monthly and year-to-date basis. The Finance Department shall be responsible for issuing the monthly reports to departments, the Mayor and City Commission, and provide any information regarding any potentially adverse trends or conditions. These reports should be issued within thirty(30)days after the close of each month. The annual external audit of the City shall be prepared and presented to the Mayor and City Commission within 195 days of the close of each fiscal year 2003 and within 180 days of the close of each subsequent financial year. 7. Basic Financial Policies— The City shall endeavor to maintain formal policies, which reflect "best practices" in the areas of: i. Debt—such policy shall address affordability, capacity, strategies for re-entering the bond market in the future, debt issuance and management. ii. Cash Management and Investments — such policy shall require twenty-four(24)month gross and net cash-flow projections by fund and address adequacy, risk, liquidity and asset allocation issues. iii. Budget Development and Adjustments—such policy shall establish proper budgetary preparation procedures and guidelines,calendar of events, planning models by fund, budget adjustment procedures, establishment of rates and fees, indirect costs/interest income and 5 the estimating conference process.The proposed budget should be scheduled to allow for sufficient review by the Mayor and City Commission while allowing for sufficient citizen input. The City budget document reflecting all final actions as adopted by the City Commission on or before September 30, of each year, shall be printed and made available within thirty(30)days of such adoption. iv. Revenue Collection — such policy shall provide for maximum collection and enforcement of existing revenues, monitoring procedures, and the adequacy level of subsidy for user fees. v. Purchasing Policy — such policy shall establish departmental policies and procedures and provide appropriate checks and balances to ensure the City departments adhere to the City's purchasing policies. 8. Promoting Operating Efficiencies—the City shall develop programs and incentives to encourage operating efficiencies through the use of technology,outsourcing,or any other curriculum. Section 3. All ordinances or parts or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are hereby reapealed. Section 4. If any section, part of section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 5. This Ordinance shall become effective in the manner provided by law. 6 Section 6. This Ordinance upon adoption shall be codified and included in The City of Opa-locka Code of Ordinances. PASSED AND ADOPTED this 2 6 day of February , 2003. MAYO Attest: Approved as to form and legal sufficiency: Ak,(\(1 - V. u, (, iii K s4• CI ►- CLERK C Y TTO Y Z � O� DAT Moved by: Commissioner Holmes Second by: Vice Mayor Johnson Commission Vote: 5-0 Commissioner Holmes: YES Commissioner Tydus: YES Commissioner Kelley: YES Vice-Mayor Johnson: YES Mayor Taylor: YES Ordinance/Financial Policies 7