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HomeMy WebLinkAboutR-00-0553J-00-491 5/24/00 RESOLUTION NO. a A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT, IN SUBSTANTIALLY THE IATTACHED FORM, TO THE INTERGOVERNMENTAL COOPERATION AGREEMENT ("ICA"), BY AND AMONG THE GOVERNOR, THE FINANCIAL EMERGENCY OVERSIGHT BOARD AND THE CITY OF MIAMI, AMENDING SECTION 5 OF THE AGREEMENT AS IT PERTAINS TO THE FIVE YEAR FORECAST AND REVISED FIVE YEAR PLAN, AND FURTHER AMENDING TO INCLUDE AN AGREEMENT FOR REIMBURSEMENT BY THE CITY FOR THE ACTUAL COSTS INCURRED BY THE STATE OF FLORIDA IN THE OPERATION OF THE OVERSIGHT BOARD EFFECTIVE JANUARY 1, 2000. WHEREAS, on December 3, 1996, the Governor acknowledged that the City was in a state of financial emergency and invoked the powers afforded to the Governor by law to oversee and assist the City towards a.resolution of the fiscal emergency; and WHEREAS, the Governor created the Financial Emergency Oversight Board to oversee the fiscal affairs of the City; and WHEREAS, on December 23, 1996, the City of Miami entered into an Intergovernmental Cooperation Agreement ("ICA") which extends over a period of three years after the City has produced two successive years of balanced operations and includes certain other terms which implement cooperative intergovernmental actions with the Financial Oversight Board; and AT T AC H M EN I CoaH71 Im1mD CTTY cOmmISSION.. MEETING OF JUN 2 9 2000 �1td301YT10A LiOr C WHEREAS, the. City, Oversight Board and the Governor have acted pursuant to the terms of the ICA since its enactment; and WHEREAS, all parties agree to amend Section 5 of the ICA to allow the City to efficiently achieve financial stability; and WHEREAS, the City has agreed to reimburse the State of Florida the costs incurred in the operation of the Oversight Board effective January 1, 2000; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The City Manager is hereby authorized" to execute an amendment, in substantially the attached form, to the Intergovernmental Cooperation Agreement ("ICA"), by and among the Governor, the Financial Emergency Oversight Board and the City o Miami, amending Section 5 of the Agreement as it pertains to the Five Year Forecast and Revised Five Year Plan, and further amending to include an agreement for reimbursement_ by the City �i The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code provisions. Pa-. 2 of 3 , s g f„ ;, 00- • C: for the actual costs incurred by the State of Florida in the operation of the Oversight Board effective January 1, 2000. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor./ PASSED AND ADOPTED this 29th day of June , 2000. JOE CAROLLO, MAYOR In accordance with Miami Code Sec. 2-36, since the Mayor did net Indicate approwl Of this legislation by signing it in the designs -teal play: provided, se -10 legislation nOW becomes effective with the elapse: of ten (i 0) clay: ,re;; I7 tete date of Comr�is8ii'�, .�;t1on regarding same, without the May e ercis e ATTEST: WALTER J. FOEMAN CITY CLERK -aft APPROVASO FORM AN RECTNESS: I 0 VILARE 50:RCL z� If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. tt 6v 49 Page 3 of 3 2000 AMENDMENT OF INTERGOVERNMENTAL COOPERATION AGREEMENT THIS AMENDMENT OF THE INTERGOVERNMNETTAL COOPERATION AGREEMENT (the "Amendment Agreement") made and entered into as of the day of March, 2000, by and among the Governor of the State of Florida ("Governor"), the Financial Emergency Oversight Board (the "Oversight Board"), a body established by Executive Order 96-391, and the City of Miami (the "City"), Dade County, Florida. WITNESSETH. WHEREAS, on December 23, 1996, the City, the Governor and the Oversight Board entered into the -Intergovernmental Cooperation Agreement ("ICA") , and --- ---- ---- - -- --- WHEREAS, -the- City,. Oversight Board and -the -Governor have acted -pursuant .to .__. - __ __. ____. the terms of the ICA -since its enactment, and WHEREAS, the City has requested an amendment of the ICA to permit the City to more efficiently and effectively achieve financial stability, and WHEREAS, the City has requested the Governor and the Oversight Board and the Governor and the Oversight Board have agreed to amend the Revised Five Year Plan process contemplated by Section 5 of the ICA, and WHEREAS, the City has agreed to repay the State of Florida the actual costs incurred by the State of Florida in the operation of the Oversight Board effective January 1, 2000, and WHEREAS, the Oversight Board has authorized the execution and delivery of this Amendment, and 00- 553 Oversight Board --- 2000 Draft Amendment WHEREAS, by majority decision of the City Commission, the City has authorized the execution and delivery of this Amendment by the City, and NOW, THEREFORE, for good and valuable consideration, and intending to be legally bound hereby, the Governor, Oversight Board and the City agree as follows: 1. Amendment of Section 5 of the ICA. The parties to this Amendment agree pursuant to the terms of this Amendment Agreement to amend Section 5 of the ICA. The following shall substitute for and replace Section 5 of the ICA: 5. Five Year Forecast and Revised Five Year Plan. The City shall (a) within thirty (30) days of the final adoption of the budget for each fiscal year revise and submit to the Oversight Board a Revised Five Year Plan ("Five Year Plan") by bringing the Five Year Plan into compliance with the final budget adopted by the City Commission or into compliance with the latest official Estimating Conference forecast. Within the twenty (20) days of receiving the Five Year Plan, the Oversight Board, in its sole discretion, will either.approve or reject the Five Year Plan; and the Oversight Board will then promptly notify the City of its decision. In the event that the Oversight Board approves the Five Year. Plan, the City shall take all necessary steps toward implementing each component of the Five Year Plan, including adoption of any necessary ordinances. - In the event that the Oversight Board rejects the Five Year Plan, the Oversight Board shall notify the City by stating in sufficient detail the reasons for such rejection. ("Rejection Notice of the Revised Five Year Plan"). Within twenty (20) days of receiving the Rejection Notice of the Revised Five Year Plan, the City shall approve by a vote of the City Commission, and shall submit in'writing to the Oversight Board an amended Revised Five Year Plan ("Amended Five Year Plan") that specifically redresses the reasons for rejecting the Revised Five Year Plan, as set forth in the Rejection Notice of the Revised Five Year Plan and otherwise meets the requirements of this Agreement. The City Commission shall meet diligently and as often as necessary so that it may modify and approve the Revised Five Year Plan. The City may periodically revise its Five Year Plan, as additional information becomes available; provided that such revisions are approved by the Oversight Board (under the procedures set forth in this paragraph). At least ninety (90) days prior to the beginning of each fiscal year, the City shall approve by a vote of the City Commission, and shall submit in writing, to the Oversight Board a five year forecast ("Five Year Forecast"). 0. 0 The Five Year Forecast shall be based on official Estimating Conference forecasts for revenues, expenditures, cash flow, and deficits. The Five Year Forecast shall be divided between recurring and non-recurring, and short-term and long-term estimates. Within the twenty (20) days of receiving the Five Year Forecast, the Oversight Board, in its 'sole discretion, will either approve or reject the Five Year Forecast; and the Oversight Board will then promptly notify the City of its decision. In the event that the Oversight Board approves the Five Year Forecast, the City shall take all necessarysteps toward implementing each component of the Forecast, including adoption of any:necessary ordinances. In the event that the Oversight Board rejects the Five Year Forecast, the Oversight Board shall notify the City by stating in sufficient detail the reasons for such rejection. ("Rejection Notice of the Revised Five Year Forecast"). Within twenty (20) days of receiving the Rejection Notice of the Revised Five Year Forecast, the City shall approve by a vote of the City Commission, and shall submit in writing to the Oversight Board an amended Revised Five Year Forecast ("Amended Five Year Forecast") that specifically redresses the reasons for rejecting the Revised Five Year Forecast, as set forth in the Rejection Notice of the Revised Five Year Forecast and otherwise meets the requirements of this Agreement. The City Commission shall meet diligently and as -often as necessary so that it may modify. _a rove the . Revised Five. Year Forecast. _ The ..Ci may. fY PP City . y..._ _.._ . periodically revise its Five Year Forecast, as additional information becomes available; provided that such revisions are approved by the Oversight Board (under the procedures set forth in this paragraph). 2.. Oversight Board Expenses. The State of Florida shall bill the City on a quarterly basis for the actual costs incurred by the State of Florida in the operation of the Oversight Board (excluding in-kind services) for all such costs incurred on or after January 1, 2000. The City shall make payment on each such quarterly bill within forty- five (45) days of receipt of such statement. The Oversight Board shall obtain competitive fee and cost proposals for the services of outside vendors (excluding services provided to the Oversight Board by.the State of Florida) that it seeks to employ other than from those vendors currently providing services to the Oversight Board. Nothing in this paragraph shall impair the right of the State of Florida and/or the Governor to take any action necessary pursuant to Florida law without limitation. Nothing in this paragraph shall 553 serve to limit the State of Florida's and/or the Governor's right to select and employ any vendor pursuant to Florida law. 3. Term. This Amendment shall be effective as of January 1, 2000. 4. Ratification. The parties to this Amendment ratify and confirm the provisions of the ICA except as expressly amended herein. 5. Failure to Comply with the Terms of this Amendment. The City shall notify the Oversight Board immediately, in writing, if the City or any City Commissioner determines that the City has violated or anticipates a violation of any of the terms or conditions of this Amendment. 6. Severability of the provisions of this Amendment. The provisions of this Amendment are intended to be severable if any provision of this Amendment shall be held to be invalid or unenforceable in whole or in part, such provision shall be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability of the remaining provisions of this Amendment. 7. Governing Law. This Amendment shall be governed by and construed in accordance with the laws of the State of Florida. 8. Waiver of the Provisions of this Amendment. The Oversight Board may, in its sole discretion, waive compliance by. the City with any provision of this Amendment or extend the time specified for performance by the City of any term or condition of the Amendment. Any waiver by the Oversight Board shall be effective only to the extent specifically set forth in writing and shall not, unless so specified, apply to any other or subsequent failure on the part of the City to comply with any provision of this Agreement. 0 10. Intent to be, legally bound. By signing this Amendment, the parties hereto confirm and state that they have carefully read the Amendment, that they know the contents thereof, that they fully expect to carry out each and every provision, and that they intend to be legally bound by the rights and obligations set forth herein. 11. Headings. The headings for each paragraph in this Amendment are for the purposes of reference only and shall not limit or otherwise effect the meaning of any provision. IN WITNESS WHEREOF,the the parties hereto execute this Agreement, and they affirm that they have the power to do so on behalf of the City and the Oversight Board. Carlos Gimenez City Manager — --_ATTEST:--- --------------- --- _ -- WALTER J. FOEMAN CITY CLERK Maria Camila Levia Chair Financial Emergency Oversight Board Governor Jeb Bush . APPROVED AS TO FORM AND CORRECTNESS: ALEJANDRO VILARELLO CITY ATTORNEY Oversight Board --- 2000 Draft Amendment '"' TO FROM • CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM The Honorable Mayor and Members of the City Commission Carlos City N DATE: June 22, 2000 SUBJECT: FOB Amendment REFERENCES: ENCLOSURES: 25 FILE: It is recommended that the attached amendment to the Intergovernmental Agreement with the State Financial Oversight Board be approved. Essentially, this amendment ratifies the current flow of the budget process and it provides for reimbursement of Oversight Board expenses beginning January 1, 2000. BACKGROUND The State has borne the costs associated with staffing the Financial Oversight Board, particularly the compensation of the Chief of Staff, the Financial Advisors, and the Contract Liaison, since the Board's inception in December of 1996. In light of the City's improved financial condition, the City is now expected to assume the costs associated with the Board's activity. The attached amendment to the Intergovernmental Agreement with the Financial Oversight Board limits the City's potential liability for these expenses. CAGBWH