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.
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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;
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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
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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.
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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.
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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
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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: