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Home My Public Portal About20-9783 Settlement With North Park High SchoolSponsored by: City Manager RESOLUTION NO. 20-9783 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, APPROVING AN AMENDMENT OF PAYMENT TERMS, AS DESCRIBED HEREIN, OF THE SETTLEMENT AGREEMENT ENTERED INTO BY THE CITY OF OPA-LOCKA AND NORTH PARK HIGH SCHOOL; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY ACTION; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City of Opa-Locka ("City") signed an agreement ("Agreement"), with North Park High School in May, 2016 to resolve the school's overpayment on water bills as set forth in attached Exhibit "A"; and WHEREAS, to date, the City has made 11 of the 64 payments anticipated under the Agreement; and WHEREAS, the County took over the billing account as of May, 2019, meaning that the compensation service the City was to provide terminated at that point, 36- months after the initiation of the Agreement; and WHEREAS, consequently, to carry out the payment terms of the settlement agreement and pay the remaining balance, an issue subsequently arose as to dispute usage at the high school over a 36-month period. The parties desire to resolve the dispute and agree that 33,000 gallons per month is reasonable basis for calculation of the remaining balance to be paid to North Park, resulting in a balance due to the school of $33,000; and WHEREAS, the City Commission finds it is the best interest of the City and its residents to amend the payment terms of the settlement agreement with North Park High School. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, THAT: Section 1. Adoption of Representations. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and the same are hereby made a specific part of this Resolution. Section 2. Approval of Settlement Agreement. The City Commission of the City of Opa-Locka hereby approves the amendment of payment terms, as described herein, of the settlement agreement entered into by the Resolution No. 20-9783 City of Opa-Locka and North Park High School (attached hereto as Exhibit "A"), and further authorizes the City Manager to take all necessary action consistent with this Resolution, including executing an amendment to the Agreement in a form approved by the City Attorney. Section 3. Effective Date. This Resolution shall be effective immediately upon adoption hereof and approval by the Governor of the State of Florida or his designee. PASSED and ADOPTED this 26th day of July, 2020. Matthew A. Pigatt, Mayor ATTEST: a Flores, City Clerk APPROV AS TO FORM AND LEGAL'S ,FFICIENCY: / B.}irnadette Norris -Weeks, P.A. Moved by: Commissioner Kelley Seconded by: Commissioner Burke VOTE: 5-0 Commissioner Bass YES Commissioner Burke YES Commissioner Kelley YES Vice -Mayor Davis YES Mayor Pigatt YES City of Opa-locka Agenda Cover Memo Department Director: Bob Anathan Department Director Signature: City Manager: John E. Pate CM Signature: nab / Commission Meeting Date: Jul 22, 2020 Item Type: (EnterX in box) Resolution Ordinance Other X Fiscal Impact: (Enter X in box) N/A Yes No Ordinance Reading: (EnterX in box) 1st Reading 2nd Reading X Public Hearing: (Enter X in box) Yes No Yes No X X Funding Source: Account# : 61-514380 (Enter Fund & Dept) Ex: Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid#: X Strategic Plan Related (Enter X in box) Yes No Strategic Plan Priority Enhance Organizational Bus. & Economic Dev Public Safety Quality of Education Qual. of Life & City Image Communication Area: um Strategic Plan Obj./Strategy: (list the specific objective/strategy this item will address) X MI • IN • • Sponsor Name City Manager Department: City Manager Short Title: Settlement - North Park High School Staff Summary: City entered into an agreement with North Park High School in May 2016 to provide $80,000 of cash and utility services. Until now, the full amount has never been paid and there was uncertainty of the amount of services that had been provided due to billing issues. After negotiations with the school, it has been agreed that the equivalent of $47,000 of cash and utility services had been provided through April, 2019, when the County assumed responsibility for billing this account. Consequently, both parties have agreed that $33,000 is still due to the school. Proposed Action: Staff recommends that the Commission approve this payment. There is a budget of $550,000 available in 61- 514389 - Utility Legal Settlements for this payment. Attachment: Sponsored by: City Manager RESOLUTION NO. 17-9318 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, RETROACTIVELY APPROVING A SETTLEMENT BETWEEN NORTH PARK HIGH SCHOOL FOR ACCELERATED LEARNING, INC. ("NORTH PARK")AND THE CITY OF OPA-LOCKA (EXHIBIT "A"); PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, An audit was conducted of the water services provided to North Park; and WHEREAS, The findings of the audit showed that the City had received over payments for water services from North Park in the amount of $80,000.00; and WHEREAS, The City has an opportunity to settle this matter as set forth in the attached settlement agreement (EXHIBIT "A") and avoid the costs of litigation and further damages; and WHEREAS, It is in the best interest of the City Commission to retroactively approve this settlement agreement (EXHIBIT "A"). 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 approves the settlement offer of North Park as set forth in EXHIBIT "A." Section 3. This Resolution shall take effect immediately upon adoption, and is subject to the approval of the State of Florida Financial Oversight Board. PASSED AND ADOPTED this 8th day of February, 2017. Resolution No. 17-9318 Attest to: josh na Flores City Clerk yra L. Taylor Mayor Approved as to form and legal sufficiency: Vincent T. Brown, Esq. The Brown Law Group, LLC City Attorney Moved by: VICE MAYOR KELLEY Seconded by: COMMISSIONER RILEY Commissioner Vote: 4-1 Commissioner Holmes: NO Commissioner Riley: YES Commissioner Pigatt: YES Vice Mayor Kelley: YES Mayor Taylor: YES City of Opa-Locka Agenda Cover Memo City Manager: Yvette Harrell CM Signature: Finance Director: Charmaine Parchment FD Signature: C5ef---' Department Director: .7 Commission Meeting Date: 02.08.2017 Item Type: (EnterX in box) Resolution Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance Reading. (Enter X in box) 1, ;Reading_ . ,.bid Reading X $80,000.00 Public Hearing: (EnterXin box) Yes No Yes No X X Funding Source: Account# : 06264-00 (Enter Fund & Dept) Ex: Advertising Requirement: (Enter X in box) Yes No x Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid#: x Strategic Plan Related (Enter X in box) Yes No Strategic Plan Priority Enhance Organizational Bus. & Economic Dev Public Safety Quality of Education Qual. of Life & City Image Communcation Area: Strategic Plan Obj./Strategy: (list the specific objective/strategy this item will address) X • mi • ] Q Sponsor Name City Manager Department: City Manager's Office Short Title: A resolution retroactively approving a settlement between North Park High School for accelerated learning, Inc. and the City of Opa-Iocka. Staff Summary: It is in the best interest of the City to retroactively approve this settlement agreement to avoid litigation. Proposed Action: grrnsair THIS SETTLEMENT AGREEMENT, made and entered on this SIL day of ti�{— , 201 (� , is by and between FLORIDA HIGH SCHOOL FOR AC:CELERAT LEARNING, INC. d/b/a NORTH PARK HIGH SCHOOL Qiereinafter "School") and the CITY OF OPA LOGKA "City'). The Cry and the School agree to settle in full the claim made by the School concerning overpayment rimier bills to the City. The parties agree to settle as follows: 1. The City shall pay the total sum of eighty thousand dollars ($80,000.00) to tie School in frill and final settlement concerning the overpayment by the School to the City for water use at the North Pads high School, located at 3400 NW 135th Street, Opa Locks, Florida. 2. The amount shall be paid in monthly installments of one thousand two hundred fifty and xx/100 dollars ($1,250.00) and the monthly water bill will be credited to the School as part of the payment by the City until such time as the total sum of eighty,thonsand and xx/100 dollars ($80,000.00) has been paid in frill. 3. The patties agree that no interest will be dinged for the payments. 4. The City agrees and recognize than, if it kits to make timely pays as provided for above, the School may file a lawsuit to enforce the tenets of this Agreement Further, if payment is not made., after giving tan (10) days written notice that a payment is duce, interest shall begin to accrue on the remaining principle, consistent with Reside law. 5. This Agreement shall be governed by and ccmstrued in accordance with the laws of the State of Florida. 6. Each party shall bear its own attorney funs and costs, except as stated in Paragraph 7 below. 7. In the event that an action is brought to enforce the terms of this Agreement, then suit shall be brought in Mtami-Dade, Florida and the prevailing party in that action shall be entitiod to attomey's fees incurred in connection with the enfircement of the terns of this Agreement. 8. No modifications of this Agreement shall be effective without prior written comsat of all parties hereto. 9. This Agreement may be executed in counterparts. Copies of signatures transmitted by facsimile or electronic mail shall be accepted as originals. IN WITNESS WHEREOF, the parties have canoed this Settlement Agreentot to be mooned as ofdre date and year set fob above. ATTEST: CITY OF CPA LOCKA, FLORIDA ATTEST: APPROVED AS TO FORM: City Attorney, Vincent Brown The Brown Law Group, LLC FLORIDA HIGH SCHOOL FOR ACCELERA LEARNING d/Wa NORTH PARK HIGH SCHOOL Paul Harshen, than APPROVED AS TO FORM: