Loading...
2013-28138 Reso RESOLUTION NO. 2013 -28138 A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE FINANCE AND CITYWIDE PROJECTS COMMITTEE, APPROVING A MONTH -TO -MONTH EXTENSION, RETROACTIVE TO JANUARY 1, 2013, FOR A VOLUNTARY EMPLOYEE LOAN PROGRAM, THROUGH THE BMG MONEY LOANS -AT -WORK PROGRAM, TO MAKE AVAILABLE LOANS TO INTERESTED ACTIVE EMPLOYEES OF THE CITY OF MIAMI BEACH; WITH A DISCUSSION ITEM REFERRED TO THE FINANCE AND CITYWIDE PROJECTS COMMITTEE TO EXPLORE WHAT POTENTIAL LOAN ALTERNATIVES MAY BE AVAILABLE. WHEREAS, BMG Money offers all active full -time employees an emergency loan options through a program called Loans -At -Work; WHEREAS, the BMG Money Loans -At -Work program provides a voluntary payroll deduction loan program to employees through a non - traditional, unsecured loan to cover unexpected financial emergencies, with repayment provided through payroll deduction; and WHEREAS, the BMG Money Loans -At -Work program has proved to be an option for employees who have no credit and are unable to secure emergency funds through traditional financial outlets; and WHEREAS, this program was offered to City employees on a twelve (12) month trial basis which ended December 31, 2012; and WHEREAS, the City does not bear any responsibility or liability this program; and WHEREAS, at the December 12, 2012 City Commission Meeting, after discussion, the City Commission agreed to discontinue the program effective December 31, 2012; and WHEREAS, based on subsequent feedback provided to some City Commissioners, the BMG Loans -At -Work program was referred to the Finance and Citywide Projects Committee at its January 24, 2013 meeting for further discussion; and WHEREAS, the Finance and Citywide Projects Committee recommends that the BMG Loans -At -Work program be extended, based on a month -to -month basis; and WHEREAS, with a discussion item being to the Finance and Citywide Projects Committee for their exploration of other loan alternatives that may be available. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH FLORIDA that the Mayor and City Commission hereby authorize the City Manager to accept the recommendation of the Finance and Citywide Projects Committee, approving a month -to -month extension, retroactive to January 1 ,2013, for a voluntary employee loan program, through the BMG Money Loans -At- Work program, to make available loans to interested active employees of the City of Miami Beach; with a discussion item referred to the Finance and Citywide Projects Committee to explore what potential loan alternatives may be available. PASSED and ADOPTED this 6 day of February 2013. ra B wer, Mayor ATTESTED BY: `S`.i�5 , s+�" r• ' Rafael E. Granado, City Clerk ;jWdpp CR ATED' T:WGENDA\2013 \February 6 \BMG Money Loans -At -Work Resolut PASSED and ADOPTED this 6 th day of February 2013. i ra B wer, Mayor ATTESTED BY: :INCORP CRATED: Rafael . Granado, City Clerk TAAGENDA\2013 \February 6 \BMG Money Loans -At -Work Resolut r t . 26 APPROVED AS TO FORM & LANGUAGE & FnR EXECUTION t' i y t orney t 1 Date COMMISSION ITEM SUMMARY Condensed Title: A Resolution Of The Mayor And The City Commission Of The City Of Miami Beach, Florida, Accepting The Recommendation Of The Finance And Citywide Projects Committee, Approving A Month -To -Month Extension, Retroactive To January 1, 2013, For A Voluntary Employee Loan Program, Through The BMG Money Loans - At -Work Program, To Make Available Loans To Interested Active Employees Of The City Of Miami Beach; With A Discussion Item Referred To The Finance and Citywide Projects Committee To Explore What Potential Loan Alternatives May Be Available. Key Intended Outcome Supported: Attract and maintain a quality workforce. Supporting Data (Surveys, Environmental Scan, etc.):N /A Item Summa /Recommendation: The BMG Money Loans -At -Work program provides a voluntary payroll deduction loan program to employees through a non - traditional, unsecured loan to cover unexpected financial emergencies, with repayment provided through payroll deduction. This program was provided to employees on a one -year trial basis that ended on December 31, 2012. At the December 11, 2012 Commission Meeting, the Administration recommended the BMG Loans -At -Work program be extended for one month, from December 31, 2012 to January 31, 2013, giving the City Commission the opportunity to review the activity which occurred during the twelve (12) month trial period and make their determination to either continue offering the program or terminate the program. The Administration further recommended that the item be referred to the Finance and Citywide Projects Committee for their recommendation either to continue the current program or to issue a Request for Proposal, exploring what loan options may be available at lower interest rates. After their discussion, the City Commission agreed to discontinue the program effective December 31, 2012. Due to feedback provided to the City Commission members by employees and the Communications Workers of America (CWA) and Fraternal Order of Police (FOP), the item was referred to the FCWPC for discussion during their January 24, 2013 meeting. The FCWPC discussed the BMG Money Loans -At -Work program during their January 24, 2013 meeting. In their discussion, both Commissioner Weithorn and Commissioner Exposito repeated their initial concern over the interest rates charged, indicating that the interest costs were high. However, after discussion with representatives from the BMG Money Loans -At -Work Program highlighting that unlike credit cards, which compound interest and retire principal over many years, the BMG Money Loans -At -Work loans are structured much better for the borrower using simple, non - compounding interest charges on the loan, with payments that retire principal quickly for a maximum period of two (2) years. With this information, the members of the Finance and Citywide Projects Committee recommended that the BMG Money Loans -At -Work program be extended on a month -to -month basis, with a discussion item to be referred to the Finance and Citywide Projects Committee to explore what potential loan alternatives may be available. Advisory Board Recommendation: N/A Financial Information: Source of Amount Account Funds: 1 N/A 2 3 OBPI Total Financial Impact Summary: There is no financial impact to the City. City Clerk's Office Legislative Tracking: Sue Radig, HR Administrator I, Employee Benefits Sign epartment irector Assistant City Manager City Manager Carla mez Assista HR Director T:\AGENDA \2013 \February 6 \BMG Money Loans -At -Work Summary.docx /01AM AGENDA ITEM C 1 DATE 2�6'� x /­A I B City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISION MEMORAMDUM TO: Mayor Matti Herrera Bower and Members of the City Commission FROM: Kathie Brooks, Interim City Manager DATE: February 6, 2013 SUBJECT: A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE FINANCE AND CITYWIDE PROJECTS COMMITTEE, APPROVING A MONTH -TO -MONTH EXTENSION, RETROACTIVE TO JANUARY 1, 2013, FOR A VOLUNTARY EMPLOYEE LOAN PROGRAM, THROUGH THE BMG MONEY LOANS -AT -WORK PROGRAM, TO MAKE AVAILABLE LOANS TO INTERESTED ACTIVE EMPLOYEES OF THE CITY OF MIAMI BEACH; WITH A DISCUSSION ITEM REFERRED TO THE FINANCE AND CITYWIDE PROJECTS COMMITTEE TO EXPLORE WHAT POTENTIAL LOAN ALTERNATIVES MAY BE AVAILABLE. BACKGROUND By way of background, this item was originally referred to and discussed at the June 23, 2011 Finance and Citywide Projects Committee (FCWPC) meeting. At that time, the FCWPC opted not to move forward with offering this payroll deduction loan program to City employees. Subsequently, the FCWPC Chair asked that this item be placed on the October 27, 2011 FCWPC agenda for further discussion. Upon recommendation of the FCWPC, the BMG Loans -At -Work Program was implemented for a one -year trial basis for the time period of January 1, 2012 through December 31, 2012. During the December 12, 2012 City Commission meeting, the City Commission rejected a resolution to renew the BMG Loans -At -Work Agreement for a one (1) month period further rejecting referring the renewal of the Agreement versus issuance of a new Request for Proposals (RFP) to the Finance and Citywide Projects Committee. Subsequently, a referral was made during the January 16, 2013 City Commission meeting to the FCWPC. A discussion item was heard at the January 24, 2013 FCWPC meeting. The Committee recommended executing a new Agreement with BMG Loans on a month -to -month basis, subject to Commission approval. BMG Money offers all active full -time employees voluntary employee emergency loans through a program called Loans -At -Work. This program provides employees the opportunity to obtain the credit they may need to cover unexpected or emergency expenses. The BMG Money Loans -At -Work program provides employees who have little or no credit the ability to receive small, unsecured loans for emergencies, such as medical bills, home and vehicle repair, or any other emergency. These loans are based on the employee's take home pay and their ability to repay. If the employee meets the loan qualifications, the funds are distributed directly to the employee and the employer is notified of the new loan and the need to begin payroll deductions for repayment of the loan. Should BMG Money Loans -At -Work deny the loan, the employee is provided credit counseling to determine their actual loan needs, if any, and to educate them on the BMG Money Loans -at -Work Program February 6, 2013 Page 2 of 4 proper use of credit. Should the employee default on the loan as they had either cancelled their payroll contribution or left the employment of the City, BMG Money would be responsible to collect any outstanding loan balance directly from the employee. The City would not have any responsibility at all in collecting any delinquent loan balances or held liable in any way. The City has one option for employees who may need an emergency loan that can then be paid off through payroll deductions. This option however is only available for those employees who have a voluntary deferred compensation account through either ICMA- RC or Nationwide (the City's vendors who provide voluntary supplemental retirement accounts to our employees). Loans between $1,000 and 50% of the employee's vested account balance, up to a maximum of $50,000 are available. The maximum term for a general purpose loan is five (5) years from the date the employee receives the loan amount. Loan repayments consist of principal and interest. Interest is based on the current Treasury lending rate at the time the loan is disbursed. Employees may only apply for one loan per year. City employees who are members of the Dade County Federal Credit Union are able to apply for loans that are then paid off through payroll deductions (although these loans tend not to be emergency loans but, rather, auto loans, home equity loans, mortgages, etc.). The Loans -At -Work program is a direct -to- consumer loan, designed for employees who do not have access to traditional credit options, such as banks, credit unions, credit cards, deferred compensation and /or retirement accounts. These loans are unsecured and based on the following: (1) employee's employment; (2) employee's bi- weekly net take -home pay; and (3) the ability for the employee to repay the loan. Although the program does not verify the employee's credit, it does however provide the opportunity to build good credit, as the loans are reported to the credit reporting agencies when paid off. If the employee separates from City employment, that employee is fully responsible for the full repayment of the loan with the City bearing no responsibility or liability at all for the repayment or collection of the outstanding loan. Through the BMG Money Loans -At -Work program, an employee: • May borrow up to 20% of their net take -home pay (minimum of $500 to a maximum of $5,000) with interest computed daily and based on the amount of the loan (interest ranges from 23.75% to 29.75 %); • Loans are based solely on the employee's take home pay and ability to repay and are not subject to a credit worthiness; • Pays a $25 loan application fee (per loan); • Selects their repayment period, at either 6, 12, 18 or 24 months; and • Can pre -pay the outstanding loan amount at any time without penalty. The only responsibility of the City is for the Human Resources Department to provide BMG a data file of active City employees, including the name, address and salary of the employees; create the appropriate payroll deduction code in EDEN (the City's payroll system) for any approved loans; and collect and wire the bi- weekly payroll loan payments to BMG Money. At present, the City incurs the current SunTrust Bank wire fee of $5 for each wire sent. BMG Money has agreed to pay the cost of the wire transfer. The BMG Loans -At -Work program is currently offered to the following public employers: BMG Money Loans -at -Work Program February 6, 2013 Page 3 of 4 • City of Doral • City of Hialeah • City of Hialeah Gardens • Jacksonville Transportation Authority • Leon County Schools • Palm Beach County Clerk & Comptroller • Palm Beach County Tax Collector • Town of Surfside • City of Sweetwater • City of Fort Lauderdale During the October 27, 2011 FCWPC meeting, the members questioned if the City provided the program to its employees, was there an option to negotiate the rates to something lower than the 23.75% to 29.75% rate currently charged. BMG Money indicated that the rates charged were already lower than those charged for short-term loans by other providers, and they would not be able to provide the service at a lower rate. In 2011, and again in November 2012, the Administration did verify that this type of loan program is not available in the commercial loan market or through payday loan locations. The FCWPC members asked that this item be discussed at the next City Commission meeting, with the recommendation that if the program was approved, it would be for a trial period of twelve (12) months beginning January 1, 2012 through December 31, 2012. The item was placed on the December 12, 2011 Commission Agenda. After discussion, the members of the Commission agreed with the FCWPC recommendation and the BMG Money Loans -At -Work program was implemented on a one year trial basis. For the period beginning January 1, 2012 and ending December 31, 2012, the City's trial period for the BMG Loans -At -Work program, one hundred thirty five (135) City employees utilized the emergency loan services. BMG has issued two hundred thirty eight (238) loans totaling $514,890. Of this total loan number, one hundred sixty eight (168) were new loans and seventy (70) were loans that employees have refinanced, requesting an increase in the amount of their initial loan request. For new loans, five (5) loans were financed for a period of six (6) months, three (3) were financed for a period of twelve (12) months, ten (10) were financed for a period of eighteen (18) months, and one hundred six (106) were financed for twenty -four (24) months. Of the forty -two (42) refinanced loans, thirty -two (32) were for increases in the loan amount and ten (10) were to increase the repayment period in order to spread the repayment out over a longer period. One (1) loan has been paid off to date. At the December 11, 2012 Commission Meeting, the Administration recommended the BMG Loans -At -Work program be extended for one month, from December 31, 2012 to January 31, 2013, providing the City Commission the opportunity to review the activity which occurred during the twelve (12) month trial period and make their determination to either continue offering the program or terminate the program. The Administration further recommended that the item be referred to the Finance and Citywide Projects Committee for their recommendation either to continue the current program or to issue a Request for Proposal, exploring what loan options may be available at lower interest rates. After their discussion, the City Commission agreed to discontinue the program effective December 31, 2012. Subsequent feedback provided to some members the City Commission by employees and the Communications Workers of America (CWA) and Fraternal Order of Police BMG Money Loans -at -Work Program February 6, 2013 Page 4 of 4 (FOP) (copies of the letters from these to unions are in Attachment A), the item was referred to the FCWPC once again for their discussion during the January 24, 2013 meeting. In their discussion at the January 24, 2013 FCWPC meeting, both Commissioner Weithorn and Commissioner Exposito repeated their initial concern over the interest rates charged, indicating that the interest costs were high. However, after discussion with representatives from the BMG Money Loans -At -Work Program highlighting that unlike credit cards, which compound interest and retire principal over many years, the BMG Money Loans -At -Work loans are structured much better for the borrower using simple, non - compounding interest charges on the loan, with payments that retire principal quickly as the maximum repayment period for a loan is two (2) years. For example, an employee who borrows $1,000 through the program for a period of one (1) year, with an interest rate of 29.75% would pay a total cost of $191 in interest (plus a $25.00 application fee). Since the loan charges simple interest, the interest charged is reduced with each loan repayment, thus resulting in the employee's cost to borrow being well below the stated rates. CONCLUSION The Administration supports the FCWPC recommendation to extend the BMG Money Loans -At -Work program on a month -to -month basis with a discussion item being to the Finance and Citywide Projects Committee for their exploration of other loan alternatives that may be available. KGB /CMG /s cAL.,' T:\AGENDA\2013 \February 6 \BMG Money Loans -At -Work Memo.docx ATTACHMENT A Support Letters from Communication Workers of America (CWA) Fraternal Order of Police (FOP) ,A-MGM, ON4 COMMUNICATIONS WORKERS OF AMERICA 7455 Collins Ave., Suite 212 LOCAL 3178 — MIAMI BEACH Nliarni Becch, FL.. 33141 OX AFL-CIO - CLC (305) 401-0927 EXE1UffVfQfRCM Dear Mayor Bower and Members of the City Commission: 1 am writing this letter to support the immediate reinstatement of the BMG Money Loans at Work Program. Recently, a number Of Our members complained that the program was no longer available. After investigating wily, I learned that it was due to concerns about the interest rate and repayment terms. To understand the loan program, I met with the company's Chief Operating Officer, Tom McCormick, and Chief Executive Officer, Marion Mathes. It was explained to me that the interest rate is comparable to credit card cash advance rates and even some credit card purchase rates, and that the repayment terms ensure that the loan will be paid off in a pre-determined period of time (like an installment loan). Although I was skeptical at first, I am now comfortable supporting the program and confident that it is a benefit to our members. The BMG Money Loan at Work Program can be a lifeline to our SECQ I - 3 members when they need it most and have nowhere else to turn. Accordingly, I respectfully urge you to take the necessary action to reinstate this program as expeditiously as possible. EK 1, DES 07 Sincerely SE�_',j I -- Richard D. McKinnon President of CWA Local 3178 FRATERNAL ORDER OF POLICE W 111. 1AM, WFOLS I 0LXA; NO S I At- k c- t! i tit: vct, M ij i n i H?-&: h • Fld irt dt - t I W rr[rrhor- W t € 534- - # Fax: 5,14 : January 23, 2,)*3 Dear Mm)rn M yor and City Comrnii Tf-e owrp+)5 ,>' this tha! !MQ Loans aC Wora �cb ag4iri. As you know, i rrpfe�e t e !Li City erriployL n Srv�rr fv,kil, �w prugfav tie �iiadv dvaiiabl the PoLck Officers working for the City of Mtorni BedO. From time -to -lime, some Of CAJr officers *ace LnPxperlpo fmancial haroships, VVhen, savings wren t Kmi- vrough ipr )va,iahlep and banks can't 'or help, woch exoersAn car, cte3te devastavrig fir dncial �'ard t",ps The L�ians a* Work prig was there tea ;vnd k)nforTunatPtv, thv prr.gr4rn has t-xpir" and our offi<ert, c— longer have access to emergency fords. I haie r the cppor nity to rreet wrt4 Ms. Mathes and Mr. McCormick fro.rn SM6 M and aisct"s re 'Iuan,� at Work progrim with them. Atthou8h I -; tipe of loan ii not perfc�t, it is several , dr-o the knterest raw for tu hi hin C Allhw Nljlw, su pefcent lE ss th,3n pre-oatory payc loans" and far t ter *l an the pfoipect of io jng vakwtl pe sur,a3 btlicrgingl to 'pawn Oop" ioans When Qf+zCrrS facr V-0 sudder, financial haidinips. - ,hey deserve - o have this optiorr -jttbeqi disposal, N,I:pfv Ar.46-f T'°" availar-Minn of the Lcans at Work program is in the best interest of our 9,)N W. A, wn. otticers. For the reasons �.et forth hefein, I encourage you to take the nel-cessary steps to make the program i availab4e again tic City ernplovee5 as s•or as s%)ssible Thank f ou in advamt- 'ur year i-nnnediate dt*en, :o thss matter Very truck vour,%, Pre x'df.n*, o13—.2 D February 6, 2013 By Electronic Mail—raulaguilaC@miamibeachfl.gov Raul J. Aguila, Chief Deputy City Attorney City Attorney's Office City of Miami Beach 1700 Convention Center Drive,4th Floor Miami Beach, FL 33139 Re: BMG Money, Inc. Payroll Deduction Plan Agreement—Month-to-Month Extension Dear Mr. Aguila: Reference is made to the Payroll Deduction Plan Agreement (the "Agreement")entered into on January 1, 2012 by and between the City of Miami Beach, Florida (the "City") and BMG Money, Inc. ("BMG Money"). As per your request, effective January 1, 2013,we hereby agree to extend the expiration of the initial term of the Agreement from December 31, 2012, on a month-to-month basis, until such time as either BMG Money or the City chooses to terminate the Agreement by providing at least one (1) month's written notice to the non-terminating party. All provisions of the Agreement not expressly amended hereby will remain in full force and effect. Please indicate the City's agreement with the foregoing by asking Ms. Brooks to sign where indicated below. As always, please contact me with any comments or questions, or if I can be of assistance in connection with this or any other matter. Very truly yours, twwAmlk Marion H. Mathes Chief Executive Officer ACCEPTED &AGREED: ' t4 Kat ie G. Brook/, Interim City Manager ' City of Miami Beach Date: fcb9AAQPA 4 g x'1 3 ATTEST cc (by electronic mail): Thomas C. McCormick, Esq., Chief Operating Officer Sue Radig, HR Administrator BMG Money, Inc. City of Miami Beach tom.mccormick @bmgmoney.com APPROVED AS TO sradig @miamibeachfl.gov Marion H. Mathes FORM &LANGUAGE 1221 Brickell Avenue, Suite 1170 Chief Executive Officer &FOR CUTION Miami, FL 33131 BMG Money, Inc. 305.851.6134 Z ,e 13 marion.mathes @bmgmoney.com city Attorney �� D at e