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HomeMy Public PortalAbout16-9197 State and Local Agreement of Cooperation Between the Governor Sponsored by: Mayor & City Commission of Opa-Locka, Florida RESOLUTION NO. 16-9197 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, APPROVING THE "STATE AND LOCAL AGREEMENT OF COOPERATION BETWEEN THE GOVERNOR AND THE CITY OF OPA-LOCKA, FLORIDA" (EXHIBIT "A"); PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, On June 1, 2016, the City Commission passed resolution 16-9189 requesting the Governor of the State of Florida to declare the City in a state of financial emergency; and WHEREAS, In response to the City's request for a declaration of financial emergency, the Governor of the State of Florida issued Executive Order 16-135 on June 1, 2016; and WHEREAS, As result Executive Order 16-135, the Governor's office has presented to the City the State and Local Agreement of Cooperation Between the Governor and the City of Opa-locka, Florida (EXHIBIT "A"), for Its review and approval; and 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 Mayor and City Commission of the City of Opa-locka, Florida, hereby accepts and approves the State and Local Agreement of Cooperation Between the Governor and the City of Opa-locka, Florida (EXHIBIT "A"). Resolution No. 16-9197 Section 3. The City Commission authorizes the Mayor and City Manager to execute the State and Local Agreement of Cooperation between the Governor and the City of Opa-locka, Florida (EXHIBIT "A"). Section 4. The City Clerk is hereby directed to forward the executed version of the State and Local Agreement of Cooperation between the Governor and the City of Opa-locka, Florida (EXHIBIT "A") to the Governor's office without delay Section 5. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 8t" day of Tune, 2016. 4 yia L. Taylor Mayor Attest to: Approved as to form and legal sufficiency: i , k el0K-de\- IL-- Joa i a Flores Vincent T. Brown, Esq. City Clerk The Brown Law Group, LLC City Attorney Moved by: VICE MAYOR HOLMES Seconded by: COMMISSIONER SANTIAGO Commissioner Vote: 4-0 Commissioner Kelley: YES Commissioner Santiago: YES Vice Mayor Holmes: YES Mayor Taylor: YES State and Local Agreement of Cooperation Between the Governor and the City of Opa-locka THIS STATE AND LOCAL AGREEMENT OF COOPERATION (the "Agreement"), made and entered into this day of June,2016,between the Governor of the State of Florida ("Governor") and the City of Opa-locka, Miami-Dade County, Florida ("City"),is in accordance with Executive Order Number 2016-135. WHEREAS, on June 1, 2016, the City adopted a Resolution requesting the Governor to make a determination that the City is in a state of financial emergency, pursuant to Chapter 218,Florida Statutes; and WHEREAS, the Governor is authorized under section 218.503,Florida Statutes, to implement measures to resolve the financial emergency; and WHEREAS, the City desires this intervention and assistance, and intends to cooperate with the Governor to resolve the financial emergency; and WHEREAS, the Governor has designated the Office of the Chief Inspector General ("Governor's Designee") to serve as the lead entity responsible for coordinating the Governor's efforts in providing intervention and assistance to the City. NOW,THEREFORE, the Governor and the City agree as follows: 1. FIVE-YEAR FINANCIAL RECOVERY PLAN. a. On or before August 1,2016, the City shall approve, by a vote of the Mayor and City Commission, and submit in writing to the Governor a Financial Recovery Plan ("FRP") for fiscal years 2016-2017 through 2020- 2021. The FRP shall show balanced recurring revenues and recurring expenditures, as well as estimated reserves, for each of the five years projected. The FRP shall meet the requirements of section 218.503(3)(h), Florida Statutes, including,but not limited to, providing for payment in full of all financial obligations currently due, or which will come due. The underlying assumptions for all revenue and expenditure estimates contained in the FRP shall be documented and included within the FRP. b. Within twenty (20) business days of receiving the FRP, the Governor shall review the FRP, and after consultation with the City, may direct changes to the FRP in writing. The City shall make such directed changes to the FRP within thirty (30) business days of being notified in writing by the Governor. c. The City may amend the FRP with the prior written approval of the Governor. The FRP may also be amended if the Governor determines such changes are required, or if this Agreement requires an amendment. d. At the beginning of each new fiscal year, an additional fifth year shall be added to the FRP, and shall provide all types of information and data presented for the preceding years. Each revised FRP shall be approved by a vote of the Mayor and City Commission and submitted to the Governor for approval. Within twenty (20)business days of receiving the revised FRP, and after consultation with the City, the Governor may direct changes to the revised FRP in writing. The City shall make such directed changes to the revised FRP within thirty (30)business days of being notified in writing by the Governor. e. The City shall adopt the FRP in its entirety, and shall adopt such ordinances as are necessary to implement the FRP. 2. APPROVAL OF CITY BUDGET. a. On or before August 1st of each year, the City shall submit to the Governor the proposed Annual Budget of the City, as preliminarily approved by the Mayor and City Commission. The underlying assumptions for all revenue and expenditure estimates contained in the proposed Annual Budget shall be documented and included with the budget submission. Within twenty (20) business days of receipt, the Governor shall review the proposed Annual Budget and, after consultation with the City, notify the City in writing if changes are necessary. The City shall include the changes directed by the Governor, and shall approve the final Annual Budget within thirty (30) business days of being notified in writing by the Governor. b. The City may request amendments to the final Annual Budget by submitting such requests in writing to the Governor. Within twenty (20) business days of receiving the requested amendments, the Governor shall respond in writing to the City, either rejecting the requested amendments, approving the requested amendments, or approving the requested amendments with changes. The City shall accept the response of the Governor. 3. COMPONENTS OF FINANCIAL RECOVERY PLAN AND ANNUAL BUDGET. The FRP and Annual Budget documents shall contain the level of detail necessary for the Governor to analyze the underlying assumptions contained in all estimates of expected revenues and expected expenditures. The FRP and Annual Budget documents shall be prepared using the following guidelines: a. Reasonable estimates of revenues and expenditures shall be made based on historical trends, conditions, and anticipated events; 2 b. A timetable for the elimination of all outstanding deficits in all funds shall be included; c. Current expenditures and current revenues shall be balanced for each fiscal year; d. Provisions shall be made to avoid the future occurrence of financial emergency conditions,including the establishment of adequate cash reserves and fund reserves to cover unfunded liabilities; e. The FRP shall enhance the City's ability to regain short-and long-term borrowing capabilities; f. Managerial and operational efficiencies and accountability shall be improved; g. City programs and services that the City cannot afford to operate shall be modified and/or eliminated; h. Enterprise funds of the City shall be operated according to commonly accepted business practices, and operating revenues shall be sufficient to cover all costs of the operation, including depreciation; i. Efforts to collect debts and revenues owed to the City shall be improved; j. City employee compensation and benefits,union contracts, and negotiating practices employed by the City shall be reviewed and modified, as appropriate; k. The organizational structure of the City shall be reviewed and modified to improve efficiencies; 1. A Capital Improvement Plan for the City shall be developed and updated annually; and m. The City shall cooperate with an operational review of its police department and emergency services, and shall implement changes necessary to improve public safety. 4. INCURRING DEBT. The City may continue to borrow funds under the revolving loan program managed by the Florida Department of Environmental Protection, subject to the approval of that agency. The City shall not enter into any new form of debt or liability,which exceeds twelve (12) months for repayment,without the prior written approval of the Governor. 5. REPORTING TO THE GOVERNOR. Beginning August 1, 2016,and every month thereafter, the City shall provide the Governor with a Monthly Revenue and Expenditure Report that compares actual revenues and expenditures in each fund with the projected revenues and expenditures contained in the Annual Budget. 6. FINANCIAL INTEGRITY ORDINANCE. Within six (6) months after execution of the Agreement, the City shall adopt a Financial Integrity Ordinance, which shall set forth the necessary procedures to be followed by the City in carrying out 3 its financial affairs. Prior to the adoption of the Financial Integrity Ordinance, the City shall submit a copy of the proposed ordinance to the Governor. Within twenty (20) business days after receipt, the Governor shall review the proposed ordinance and, after consultation with the City, the Governor may direct changes to the proposed ordinance in writing. The City shall include the changes directed by the Governor, and shall approve the final Financial Integrity Ordinance within thirty (30)business days of being notified in writing by the Governor. 7. FINANCIAL AND CONTRACTUAL OBLIGATIONS. The City shall not enter into any financial or contractual obligations that are not specifically authorized by the Annual Budget or this Agreement, or which are inconsistent with the FRP. 8. FAILURE TO COMPLY. The City shall notify the Governor immediately,in writing, if the City, the Mayor, or any member of the City Commission determines that the City has violated or anticipates a violation of any of the terms or conditions of the Agreement, including,but not limited to: a. The failure of the City to submit any plan or document required by the Agreement; b. An affirmative act or failure to act by the City that jeopardizes the City's financial recovery; or c. Any deviation by the City from any plan or document hereunder approved by the Governor. The notification of a violation or anticipated violation shall contain sufficient detail for a determination of what actions are necessary to remedy the reported violation. The failure to comply with the terms and conditions of the Agreement shall constitute a failure to resolve the state of financial emergency facing the City, which constitutes malfeasance, misfeasance, and neglect of duty for purposes of section 7,Article IV of the Florida Constitution, as provided by section 218.503(6),Florida Statutes. 9. INDEPENDENT REVIEW BY THE GOVERNOR. The City agrees that the Governor may assign staff to conduct or cause to be conducted such audits, examinations, or studies of the City as the Governor deems necessary to resolve the financial emergency. 10. GOVERNOR'S DESIGNEE. The Governor designates the Office of the Chief Inspector General to serve as the Governor's Designee and delegates to the Governor's Designee the authority to implement the terms and conditions of this Agreement as set forth herein. 4 11. DURATION OF THIS AGREEMENT. The Agreement shall remain in effect until such time as the Governor concludes that the state of financial emergency no longer exists,pursuant to section 218.504,Florida Statutes. 12. AMENDMENTS OR MODIFICATIONS. Any request to amend or modify the Agreement shall be submitted in writing to the Governor, and any amendment or modification shall be made only with the written approval of the Governor, which approval shall not be unreasonably withheld. 13. NOTICES AND COMMUNICATIONS. Any notice or other form of communication related to this Agreement shall be served in writing by facsimile transmission, electronic mail, personal delivery, or overnight courier, as follows: To the City: Ms. Yvette Harrell Acting City Manager City of Opa-locka 780 Fisherman Street,Fourth Floor Opa-locka, Florida 33054 Telephone: (305) 953-2868 Facsimile: (888)355-0982 yharrell@Opalockafl.gov To the Governor: Ms. Melinda Miguel Chief Inspector General Office of Governor Rick Scott The Capitol,Room 1902 Tallahassee, Florida 32399-0001 Telephone: (850) 717-9264 Facsimile: (850) 921-0817 Melinda.Miguel @eog.myflorida.com 14. BINDING EFFECT. The Agreement shall be binding upon and enforceable against any successors of the City government, including,but not limited to, successive City Managers, Mayors, and City Commissioners. 15. ACKNOWLEDGMENT. By signing the Agreement,each party hereto affirms that he/she possesses the authority to enter the Agreement on behalf of the City and the Governor's Office; has fully and carefully read the terms and conditions of the Agreement; knows and understands the contents of the Agreement; and fully expects to carry out the Agreement in its entirety as set forth herein. Further,the Mayor and City Manager each affirm, by the signatures affixed hereto,that the Agreement has been approved by Resolution of the City. 5 IN WITNESS WHEREOF, the parties hereto execute the Agreement. Rick Scott, Governor Myra Taylor,Mayor State of Florida City of Opa-locka,Florida Yvette Harrell,Acting City Manager City of Opa-locka,Florida 6 Sponsored By: City Manager RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF OPA LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS NECCESSARY AND APPROPRIATE ACCEPT THE BIDS FROM BOFAM CONSTRUCTION, INC, FOR CITY OWNED PROPERTY IDENTIFIED BY FOLIO: 08- 2122-003-1690, LOCATED AT 1801 ALI BABA AVENUE FOR A BID OF $7,350.00; TO EXECUTE ALL DOCUMENTS NECCESSARY AND APPROPRIATE TO EFFECTUATE THE SALE OF THE PROPERTY IDENTIFIED HEREIN; AND TO AUTHORIZE THE CITY ATTORNEY TO PREPARE THE NECESSARY TITLE AND SELLER DOCUMENTS IN FURTHERANCE OF THE SALE; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, The City of Opa-locka City Commission authorized the issuance of an Request For Proposal No.: 16-2405200 for the sale of surplus City owned property; and WHEREAS, The City required a minimum bid and proposal for how the property would be developed; and WHEREAS, BoFam Construction, Inc., has agreed to develop as per the zoning permitted use; and WHEREAS, The City Manager recommends the acceptance of the bids; and WHEREAS, The City Manager needs the authority to execute all necessary closing documents and in order to effectuate the sale and transfer of the surplus property set forth in resolutions herein; and WHEREAS, The seller's, settlement and title documents must be prepared and clear title to property must be conveyed, and an attorney is needed to perform such services. 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 City Manager to accept the bids from BoFam Construction, Inc., of $7,350.00, for the City- Owned parcel identified by folio 08-2122-003-1690, located in the at 1801 Ali baba Avenue; Section 3. The City Manager is hereby authorized to execute all necessary closing documents in order to effectuate the sale and transfer of the surplus property set forth herein; and City Attorney is hereby authorized to prepare the title and seller's documents. Section 4. The proposed use for these parcels must have a development agreement between the City and the Developer/Purchaser; the development agreement must contain a timeline for permitting through certificate of occupancy; the developer/purchaser will forfeit any deposits and/ or related expenditures should the project not be built or developed as agreed; and the development agreement must contain a reverter clause requiring the property to revert to the City's ownership should the properties not be developed as agreed. Section 5. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this day of , 2016. Myra L. Taylor Mayor Attest to: Approved as to form and legal sufficiency: Joanna Flores Vincent T. Brown, Esq. City Clerk The Brown Law Group, LLC City Attorney Moved by: Seconded by: Commissioner Vote: Commissioner Kelley: Commissioner Santiago: Vice Mayor Holmes: Mayor Taylor: