HomeMy WebLinkAboutR-96-0772J-96-1 167
10/23/96
RESOLUTION N0 6 7 °r 2
f A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE
CITY MANAGER TO EXECUTE A CONTRACT, IN
SUBSTANTIALLY THE ATTACHED FORM AND ACCEPTABLE
TO THE CITY ATTORNEY, BETWEEN THE STATE OF
FLORIDA, EXECUTIVE OFFICE OF THE GOVERNOR, AND THE
CITY OF MIAMI FOR ADVANCEMENT OF FUNDS AS
j SPECIFIED IN THE ATTACHED CONTRACT.
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WHEREAS, the City of Miami is in need of financial assistance from the State of
Florida, Executive Office of the Governor (EOG), to address an emergency shortage of
funding for City service and functions; and
WHEREAS, by executive order of the Governor, the emergency shortage of funding
for the City of Miami was acknowledged; and
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WHEREAS, the EOG has the ability to provide assistance to the City in meeting this
emergency funding shortage; and
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WHEREAS, the City accepts the offer of financial assistance of the EOG to meet
,
immediate needs of the City upon the terms and conditions as set forth in the attached }
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contract;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
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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 a contract, in
substantially the attached form and acceptable to the City Attorney, between the State of
Florida, Executive Office of the Governor, and the City of Miami for the advancement of
funds as specified in the attached contract.
Section 3. This Resolution shall become effective immediately upon its adoption.
PASSED AND ADOPTED this 24thday of October 1996.
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CAROLLO, MAYOR
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i CONTRACT
i THIS CONTRACT is znadd as of. the day of - --- , 1996, between
the STATE OF MORInA, EXZCUTfVE OFFICE OF THE GOVERNOR,' hereinafter
referred to as the "EOG", and the City of Miami, hereinafter referrad
to as the "C`ity"
W I T N E S S E T H;
WHEREAS, the City represents that it is need of assistance from
the BOG in addressing an emergency shortage of funding for City
services and functions, and
isTx3EREAS, by executive order of thR Governor, the emergency
shortage of funding far the City of Miami was acknowledged, and
WHEP2AS, the EOG has the ability to provide assistance to the
City in sooting the emergency shortage of funding, and
ir7ePMS, the pity accepts the offer of the tOG to assist in
rrxeeting the immediate needs of the Cityupon th6 terma and conditions
hereinafter ''set forth,
NOW, TBZREFOPZ, the EOG and the City Rio mutually agree as
follows:
1. Advancement of Funds
1) The BOG does hereby agree to advance funds to the City
as hereinafter stated in subsections (a) through (c) to assist the
City during the days that executive order 96--319 is in effect, The
following funding which would have been paid to the City in monthly
increments, will be advanced to the City pursuant to the -terms of this
contract:
(a) Local. Oation Gas Tax
(b) Municipal Revenue Sharing
Cc) Half' -Cant Sales Tax
Z) Tha City expressly agrees that this advancement of
furWa is in lieu of the eight distributitjns of fund., that world be
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made without this agreement pursUant to ss. 336.025, 228.23, and
218,61, F.S., for the montb6 Of Nov®mbar 1996, through L7une 1997
inclusive. Should the amount of funds advanced NQv'ember 1996 through
June 1957 exceed collections, the state shall adjust the FY 1997-99
di9t.ribvtion accordingly. additionally, should the actual collections
November 1996 through June 1997 exoeed the at.iount advanced, the state
shall adjust tht; FY 1997-9$ d.istrihuticn accordingly/
z. comptrehengive Plan for ,Resplvi.ng the Deficit
The City a9zven to provide Boo with a comprehensive plan for
resolving the funding shortage and eliminating the deficit. That plan
shall be submitted within 30 days of the execution of this agreement,
and it shall incorporate anticipated timeframes with rerjord to
Implementing each element of the deficit elimination plan. In
addition tb the deficit reduction plan requited by this section, the
City agrees to provide SDG with a status report every month after the
submission rof the plan. until the City' s FY 1996-9' budget is in
balance and, a funding plan to cover the deficit from FY 1995-�5 has
been fully implemented_ The Executive office of the Governor agrees
to provide the City whatever assistance in possible .in developing this
plan. Notwithstanding the plan to be submitted on a monthly basis,
the City agrees to provide EOG With a verbal status zoport on a daily
basis, or at any time requested by EOG. EoG shall also be provided
with any documents or zriports regarding the deficit ,reduction plan
provided to City Couuaissaoners.
3. BOnd Covenant&
The City agrees that the advancement of these revenues, should
any be pledged for the payment of debt service, shall not violate bond
covonants. ,
9. Period of Contract
This contract shall Degiri on execution, and end on June 30, 199'7,
unless terminated earlier.
5. Modification of Contract
This contract represents the entire agreement of the parties.
Any alterations, variations, changes, modifications or waivers of
provisibna of thib contract Shall only be valid when they have been
reduced to wrsti,ng, duly signed by each of the parties hereto, and
attached to the original of this oontxact,
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TN WIVIES5 WHEREOF, the parties have caused these presents to be
duly executed, as of the day and year first ahcve mntioned at
Tal,lahabeee, Florida.
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STATE OF FWRI DA
MECUTIVE OFFICE 'OF THE GOVERNOR
BY,
Linda Loomis Shelley
Chiaf of Staff
Executive Office of th.e Governor
The Capitol
Tallahassee, FL 32390
CITY OF IMMAM:
BY
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CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO : The Honorable Mayor and DATE : FILE
m Members of the City Commission SUBJECT
17 1996
SUBJECT
City Manager's Reports
FROM : REFERENCES
Am
ager ENCLOSURES:
Reports from the City Manager
1. Resolution authorizing the City Manager to execute a contract between the State of
Florida, Executive Office of the Governor, and The City of Miami, in substantially
the attached form and in a fonn acceptable to the City Attorney, for the advancement
of Funds. (Draft attached)
2. Resolution authorizing the City Manager to retain a consultant to develop, and if
approved, implement a special assessment program for the funding of fire services
within the City of Miami. (Report to be submitted)
3. Report from the External Audit Negotiating Team, comprised of Richard
Montalbano, William R. Hough, Co., Merrett R. Stierheim, City Manager, Rachel
Baum, Deputy Finance Director of Metro -Dade and Bob Nocklinger, Finance
Director of Miami Beach. The negotiating team has successfully negotiated an
agreement with KPMG Peat Marwick to provide external auditing services to the City
of Miami. The contract will be distributed to each of you and to the City Attorney
prior to its consideration.
4. Discussion regarding the engagement of special counsel to review possible liability,
as directed by the City Commission at the special commission meeting held on
October 7, 1996.
5. Report on the status of City of Miami employee union negotiations.
6. Other matters.
cc: A. Quinn Jones, III, City Attorney
Walter Foeman, City Clerk
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CONTRACT
THIS CONTRACT is madd as of. the day of,�, 1996, between
the STATE OF rtDRIOA, EX000TZn OFFICE OF THE GOVERNOR,' hereinafter
referred to as the "BOG", and the City of Miami, hereinafter referred
to as the "City".
W I T N E S S E T H;
WHEREAS, the City represents that it is need of a5slstanu from.
the Boa in addressing an emergency shortage of fundUmg for City
services and functions, and
WHEREA°, by executive order of the Governor, the emergency
shortage of funding for the City of Miamt was ackr owledged, .and
WHEREAS, the EOn has the ability to pzovide assistanco to the
City in meoting the emargency shortage of funding„ and
wagAr,,As, the City accept..: tbe offer of the EOG to assist in
meeting the immediate neada of the City upon the terms and rzonditiozs
hereinafter :set forth,
NOW, THEREFORE, the BOG and the City do mutually agree as
f of lows
1. Advancement: of Funds
1) The EOG does hereby agree to advance funds to the City i
as hereinafter stated in subsections (a) through (c) to assist: the
City during the days that executive order 96-318 is in effect. The
following funding which would have been paid to the City in monthly
increments, will be advanced to the City pursuant to the terms of this j
contract:
(a) Local Option Gas Tax
(b) Municipal. Rsvenue Sharing
CO Flalf-Cent Sales Tax
2) The City expreB31y agrees that this advancement of
fuftda is in lieu of the eight distributions of funds that would be
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made without this agreement pursuant to ss. 336.025, 228.23, and
218,61, F.s.r for the months bf November 1936, throUgb June 1997,
inclusive. Should the amount of funds advanced November 1996 through
June 1957 exceed collections, the state shall adjust the FY 1997-99
di.etribution accordingly. Additionally, should the actual ccllections
November 1996 through June 1997 eY^eed the amount advanced, the state
ehall adjust the FY 1997-9$ di.atribution aGc0r4in9IY-
2. comprehensive Plan_ for ge6olvi.ng the Deficit
The City agrees to provide BOG with a compxehen5ive plan for
zesol.vitg the funding shortage and eliminating the deficit. That plan
shall be submitted within 30 days of the execution of this agreement,
and it shall incorporate anticipated timeframns with regArd to
inplernenting each el.enient of the deficit elimination plan. in
addition to the 6efiei.t reduction plan required by this section, the
City agrees to provide BOG with a status resort sver"y month after the
aul=ission bf the plan, =til the City` s FY 1996-97 budget is in
balance and a funding plan to cover the dafi.cit frorn FY 1995-96 has
been fully implemented. The Executive office of the Governor agrees
to provide the City whatever assistance is possible in developing this
plan. Notwatbstandi.ng the plan to be subimitt.ed on a monthly basis,
the City agreea to provide ROG with a verbal status report oil a da3 ly
bBsie, or at any time requested by ECG. EOG shall also be provided
with any documents or zeports regarding the deficit reduction plan
prov!ded to City C�aissaonexa.
3. bond Covenants
The City agrees that the advancement of these revenues, should
any be pledged for the payment of debt service, shall not violate J�ond
COVCiiaists . ,
A. Period of Contract
This contract shall begin on execution, and end on June 3'D, 1997,
unless terminated earlier.
s. Modification of Contract.
This contract represents the entire agreement of the parties.
Any alterations, va.ziationa, changes, modiiioations or waivers of
provisions of thib contract shall only be valid when they have been
reduced to writing, duly signed by each of the paxties hereto, and
attached to the original of this contract.
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.96- 777
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IN WITNESS WHEREOF, the part -es have caus0d these presents to be
dilly executed, as of the day and year first above rentioneci at
Tallahassee, Florida.
STATE OF FLORIDA
MECUTIVE OFFICE OF THE GOVERNOR
BY -
Linda Lppmis Shelley
Chief of Staff
Executive office of th.c Governor
The Capitol
Tallahassee, FL 3235a
DATE
APPROVED as tb farm and
legal oufficiency this
day o f _ 1 1996.
BY:
Gregory C. Smith
Assistant General Counsel
Executive Office of the Govesnor
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