Resolution 93-734RESOLUTION 93-734
"A RESOLUTION OF THE CITY OF LONGWOODf FLORIDA! APPROVING
CITY OF LONGWOOD PARTICIPATION IN A COST SHARING
AGREEMENT RELATING TO "OPT OUT FOR NEW EMPLOYEES" FROM
THE FLORIDA RETIREMENT SYSTEM; PROVIDING FOR CONFLICTS,
SEVERABILITY, AND AN EFFECTIVE DATE."
WHEREAS, it is in the best interest of cities in the FRS to
"opt out" all new city employees from the FRS which would allow
cities to provide retirement benefits to new city employees through
better and less expensive private independent retirement programs.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF LONGWOOD, FLORIDA AS FOLLOWS:
SECTION ONE. Cost Sharing Agreement, affixed as Attachment A,
is hereby approved and Paul Lovestrand as Mayor is authorized to
effect said agreement.
SECTION TWO. Longwood Finance Department is authorized to
establish and operate an Escrow Account in accord with the
agreement provisions.
SECTION THREE. A transfer of funds in the amount of $5,000 is
authorized from the Reserves & Contingencies Budget to effect
E provisions of this agreement at such time as the City of Longwood receives agreements and checks from six other Florida cities, as
stipulated in the agreement. The City Administrator shall report
such transfer to the Commission upon its occurrence.
SECTION FOUR. Conflicts. All Resolutions or parts of
Resolutions in conflict with any of the provisions of this
Resolution are hereby repealed.
SECTION FIVE. Severabilitv. If any Section or portion of a
Section of this Resolution proves to be invalid, unlawful, or
unconstitutional, it shall not be held to invalidate or impair the
validity, force, or effect of any other Section or part of this
Resolution.
SECTION SIX. Effective Date. This Resolution shall become
effective immediately upon its passage and adoption.
PASSED AND ADOPTED this day of , A.D.
19. -
ATTEST:
Paul Lovestrand, Mayor
Geraldine D. Zambri, City Clerk
11-24-1993 81:55PM FROM
WHEREAS, the Florida Legislature has also eliminated the employee waiting
period of four (4) months that allowed cities to avoid paying contributions to the FRS
on short-term employees ; and
WIIEREAS, the Florida Legislature has also eliminated any return of local
taxpayer contributions for city employees who terminated their employment with the
city before becoming eligible for receiving benefits from the FRS with the State
keeping all local taxpayer contributions; and
WHEREAS, it is in the best interest of cities in the FRS to "opt out" all new
city employees from the FRS which would allow cities to provide retirement benefits
to new city employees through better and less expensive private independent
retirement programs; and
mREAS, the parties to this Agreement desire to provide an arrangement for
and funding of legal research in an effort to evaluate the potential for local
governments to "opt out" new employees from the Florida Retirement System.
NOW THEREFORE, FOR AND IN CONSIDERATION OF THE FOREGOING AND
THE MUTUAL COVBNANTS AND PROMISES CONTAINED HEREIN, the undersigned
parties hereby agree as follows :
1 - Upon execution of this Agreement, IOG agrees to devise a plan that i
acceptable to each of them to determine whether and how cities may "opt out" nef
employees from the FRS.
2. IOG hereby agrees to retain qualified legal counsel for the purpose o
researching and possibly litigating the issue of whether and how cities may "opt out
new employees from the FRS- Proposals for this work shall be solicited fron
11-24-1993 01:55PM FROM
qualified attorneys for receipt by IOG no later than November 1, 1993, and IOG shall
meet and by majority vote ajpee upon legal counsel no later than November 30, 1993
3. To ensure adequate funding to retain legal counsel, to fund lea
research, and to defray necessary administrative expenses by no later tha
November 1, 1993, each party shall deliver to Joseph M. Hillebrandt , Mayor of th
City of Casselberry, Florida, 95 Triplet Lake Drive, Casselberry, Florida, 32707
a check made payable to the City of Casselberry Escrow Account in the amount c
FIVE THOUSAND DOLLARS ($5,000.00). Thereafter, if additional work is require
and approved in writing by dl parties, each party shall deliver to Joseph M
Hillebrandt, Mayor of the City of Casselberry, Florida, 95 Triplet Lake Drive
Casselberry , Florida, 32707, checks made payable to the City of Casselberry Escro
Account in such amounts as are consistent with that party's pro rata share of sai
costs in accordance with the terms and conditions of the formal Agreement to b
entered into between the parties hereto and the legal counsel in a form acceptable t
all parties. Such funds shall then be used to defray necessary incidentz
administrative expenses .e with the terms and conditions of IOG's formal Agreemen
with legal counsel. The City of Casselberry will deliver to the parties a month11
progress report on the legal counsel's progress, all transactions, and the status c
the Escrow Account with respect to this matter. The City of Casselberry wi
promptly transmit to each party copies of all bills received from Iegal counsel and fo
payment of necessary incidental administrative expenses.
4. All drafts of any legal memoranda, reports, briefs, or any letters b
legal counsel and the IOG concerning this issue shall be submitted to each party fo
review and return comments. Each party shall then provide all parties with thei
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written return comments to said drafts within ten (10) days after the date sucl
documents are received.
5. All parties shall be provided with oral or written notice of a1
communications, either oral or written, to be initiated by any party hereto with tht
legal counsel retained by the parties and IOG.
6. Upon termination of this Agreement, the City of Casselberry shall pal
all outstanding bills of legal counsel for work performed up to the time of thc
termination of this Agreement, and the Agreement with legal counsel shall bc
terminated. Any sums remaining in the City of Casselberry Escrow Account paid b~
IOG pursuant to this Agreement shall then be refunded to the parties on a pro ratE
basis in accordance with their contributions. Nothing in this Agreement shal
prevent any party from proceeding to utilize legal counsel for further work following
the termination of this Agreement as provided above.
7. All information generated by, and all of the written and ora
communications among or between the parties with respect to this Agreement, or the
legal research conducted, are intended to be work product in anticipation ol
litigation. Such information shall be confidential and privileged to the fullest extenl
permitted by law. The parties understand that at the conclusion of any litigation 01
settlement, the information obtained as a result of this cooperative effort will become
public record and agree to protect the records in accordance with the requirement:
of Chapter 119, Florida Statutes.
8. This Agreement supersedes any and all .oral or written agreements and
understanding heretofore made relating to the subject matter hereof and contains the
entire agreement of IOG relating to the subject matter hereof. This Agreement may
Cost Sharing Agreement
page 4
11-24-1993 01:56PM FROM
be amended or modified only by a writing executed by each party hereto. This
Agreement can be executed in any number of counterparts and by separate signature
pages, each of which shall be deemed to be an original as against any party whose
signature is affixed thereon, and which, when attached together and containing the
signatures of all of the parties of this Agreement, shall be deemed to be a du15
executed and finalized Agreement.
9. This Agreement shall terminate on November 1, 1994.
IN WITNESS WHBREOF, the parties hereto have caused this Agreement to be
executed on their behalf by their respective representatives, each suck
representative having been first duly authorized so to act, this day of
a , A.D. 1993.
CITY ,y , FLORIDA
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