HomeMy Public PortalAbout20-9812 TrimergeSponsored by: City Manager
RESOLUTION NO. 20-9812
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF OPA-LOCKA, FLORIDA, EXTENDING AN
AGREEMENT WITH TRIMERGE CONSULTING GROUP,
P.A., FOR A SIX MONTH PERIOD; PROVIDING FOR
INCORPORATION OF RECITALS; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Opa-Locka ("City") previously solicited quotes from the
Miami -Dade County Management Consulting Services Pool to obtain Certified Public
Accountant Services and on June 9, 2017, one company submitted a sealed quote in
response to RFQ No. 17-0609200; and
WHEREAS, the City Commission authorized the negotiation of an Agreement
with TriMerge Consultant Group, P.A. on June 14, 2017 through Resolution 17-9375
and later entered into a new agreement on October 30, 2019 through Resolution 19-
9711; and
WHEREAS, the Agreement between TriMerge Consulting Group, P.A. and
City will expire on October 1, 2020 and the parties desire to extend the existing
agreement for a six (6) month term on an emergency basis and on the same terms
and conditions as the existing agreement.
WHEREAS, the City Commission finds that it is in the best interest of the
City to approve the Agreement with TriMerge Consultant Group, P.A.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF OPA-LOCKA, FLORIDA:
Section 1. RECITALS ADOPTED.
The recitals to the preamble herein are incorporated by reference.
Section 2. AMENDING AGREEMENT
The City hereby authorizes the extension of an Agreement with TriMerge
Consultant Group, P.A., attached as Exhibit "A", for an additional six (6) month
period.
Section 3. AUTHORIZATION
The City Commission hereby authorizes the City Manager to execute an
extension with TriMerge Consultant Group, P.A. on the same terms and
conditions of the existing agreement and in a form acceptable to the City
Resolution No. 20-9812
Attorney.
Section 4. SCRIVENER'S ERRORS.
Sections of this Resolution may be renumbered or re -lettered and corrections of
typographical errors which do not affect the intent may be authorized by the City
Manager, or the City Manager's designee, without need of public meeting.
Section 5. EFFECTIVE DATE.
This Resolution shall take effect immediately upon adoption and is subject to the
approval of the Governor or his designee.
PASSED AND ADOPTED this 30th day of September, 2020.
AT. EST:
a Flores, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIEN
Burnadette NorrislV'Ve ks, P.A.
City Attorney
VOTE:
Matthew A. Pigatt, Mayor
5-0
Commissioner Bass YES
Commissioner Burke YES
Commissioner Kelley YES
Vice -Mayor Davis YES
Mayor Pigatt YES
Moved by: Vice Mayor Davis
Seconded by: Commissioner Bass
2
City of Opa-Locka
Agenda Cover Memo
Department
Director:
Department
Director
Signature:
City
Manager:
John E. Pate
CM Signature:
geio.t. /)G
i '
Commission
Meeting
Date:
09.30.2020
Item Type:
(EnterXin box)
Resolution
rdinance
Other
X
Fiscal
Impact:
(EnterXin box)
Yes
No
Ordinance Reading.
(Enter X in box)
1st Reading
2nd Reading
x
Public Hearing:
(EnterXin box)
Yes
No
Yes
No
X
x
Funding
Source:
Account#:
17-513312
61-513340
(Enter Fund & Dept)
Ex:
Government and
Enterprise Fund
Advertising Requirement:
(EnterXin box)
Yes
No
X
Contract/P.O.
Required:
(EnterXin box)
Yes
No
RFP/RFQ/Bid#:
x
Strategic
Plan Related
(EnterXin box)
Yes
No
Strategic Plan Priority
Enhance Organizational
Bus. & Economic Dev
Public Safety
Quality of Education
Qual. of Life & City Image
Communcation
Area:
m
0
Strategic Plan Obj./Strategy:
(list the specific objective/strategy this
item will address)
X
MI
•
No
0
Sponsor
Name
City Manager
Department:
City Manager
Short Title:
A resolution authorizing the City Manager to execute an agreement with TriMerge Consulting Group, PA for
financial professional staffing and various other services.
Staff Summary:
The City is operating without financial management and does not have an employed Finance Director and
Grants Writer/Manager.
In tackling the City's fiscal affairs (coordinating, managing and controls), the financial emergency, addressing
financial matters of the Auditor General findings, financial and compliance audits both current and past due,
technical support and advisory to management and the City Commission, day-to-day operations, both
supervision and management, budgetary development, monitoring TRIM legislation, managing the accounting
for the general ledger and fund accounting, adhering to Generally Accepted Accounting Principles (GAAP) and
Government Accounting Standards Board (GASB) statements applicable to the City in addition to Financial
Accounting Standards Board (FASB) statements that are applicable, along with interpretation and
implementation of these standards in which the City must comply with for financial accounting and reporting
compliance, adhering to Florida Statues with respect to financial matters affecting the City, grant accounting
and compliance with regulatory bodies, laws and rules.
Financial Impact
This agreement is for a six-month period and and is based on hours worked each month. The budget for this
service for the full year has been established as $150,000 in Finance (Other Professional Services - 17-513312)
and $100,000 in Water -Sewer Finance (Other Contracted Services - 61-513340) which is sufficient to cover
the duration of this agreement.
Staff recommends the approval of this request to engagement in a contract for these services with TriMerge
Consulting Group, P.A. to provide temporary professional financial management and leadership to the City
until a permanent solution is recommended.
Attachment:
Agreement
Sponsored by: City Manager
RESOLUTION NO. 19-9711
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF OPA-LOCKA, FLORIDA, RESCINDING
RESOLUTION NO. 19-9710; AUTHORIZING THE CITY
MANAGER TO EXECUTE AN EMERGENCY AGREEMENT
WITH TRIMERGE CONSULTING GROUP, P.A., FOR
TEMPORARY PROFESSIONAL ACCOUNTING STAFFING
SERVICES AS SET FORTH IN EXHIBIT "A" HERETO;
PROVIDING FOR INCORPORATION OF RECITALS;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Opa-Locka ("City") previously solicited quotes from the
Miami -Dade County Management Consulting Services Pool to obtain Certified Public
Accountant Services and on June 9, 2017, one company submitted a sealed quote in
response to RFQ No. 17-0609200; and
WHEREAS, the City Commission authorized the negotiation of an Agreement
with TriMerge Consultant Group, P.A. on June 14, 2017 via Resolution 17-9375; and
WHEREAS, the Agreement between TriMerge Consulting Group, P.A. and
City has expired and the parties desire to enter into a new agreement on an
Emergency basis as set forth in the Agreement attached as Exhibit "A".
WHEREAS, the City Commission finds that it is in the best interest of the
City to approve the Agreement with TriMerge Consultant Group, P.A.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF OPA-LOCKA, FLORIDA:
Section 1. RECITALS ADOPTED.
The recitals to the preamble herein are incorporated by reference.
Section 2. RESCINDING RESOLUTION.
The City hereby rescinds Resolution No. 19-9710 and any other Resolution in
conflict.
Section 3. AUTHORIZATION
The City Commission hereby authorizes the City Manager to execute the
Agreement with TriMerge Consultant Group, P.A., in the form attached hereto
as Exhibit "A".
Resolution No. 19-9711
Section 4. SCRIVENER'S ERRORS.
Sections of this Resolution may be,renumbered or re -lettered and corrections of
typographical errors which do not affect the intent may be authorized by the City
Manager, or the City Manager's designee, without need of public meeting.
Section 5. EFFECTIVE DATE.
This Resolution shall take effect immediately upon adoption and is subject to
the approval of the Governor or his designee.
PASSED AND ADOPTED this 30th day of October, 2019.
Matthew A. Pigatt, Mayor
Jo. . Flores, City Clerk
APPROVED AS TO FORM AND
LEGCIENCY:
dette N
City Attorney
Weeks, P.A.
Moved by: Vice Mayor Davis
Seconded by: Commissioner Burke
VOTE: 5-0
Commissioner Bass YES
Commissioner Burke YES
Commissioner Kelley YES
Vice -Mayor Davis YES
Mayor Pigatt YES
Sponsored by: City Manager
RESOLUTION NO. 19-9710
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE
CITY MANAGER TO EXECUTE AN EMERGENCY
AGREEMENT WITH TRIMERGE CONSULTING GROUP,
P.A., FOR CER 11t1LD PUBLIC ACCOUNTANT SERVICES,
AND VARIOUS OTHER SERVICES AS SET FORTH IN
EXHIBIT "A" HERETO; PROVIDING FOR
INCORPORATION OF RECITALS; PROVIDING FOR AN
Et+ECTIVE DATE.
WHEREAS, the City of Opa-Locka ("City") previously solicited quotes from the
Miami -Dade County Management Consulting Services Pool to obtain Certified Public
Accountant Services and on June 9, 2017, one company submitted a sealed quote in
response to RFQ No. 17-0609200; and
WHEREAS, the City Commission authorized the negotiation of an Agreement
with TriMerge Consultant Group, P.A. on June 14, 2017 via Resolution 17-9375; and
WHEREAS, the Agreement between TriMerge Consultant Group, P.A. and
City has expired and the parties desire to enter into a new agreement on an
Emergency basis as set forth in the Agreement attached as Exhibit "A".
WHEREAS, the City Commission finds that it is in the best interest of the
City to approve the Agreement with TriMerge Consultant Group, P.A.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF OPA-LOCKA, FLORIDA:
Section 1. RECITALS ADOPTED
The recitals to the preamble herein are incorporated by reference.
Section 2. AUTHORIZATION
The City Commission hereby authorizes the City Manager to execute the
Agreement with TriMerge Consultant Group, P.A., in the form attached hereto
as a Exhibit "A".
Section 3. SCRIVENER'S ERRORS.
Sections of this Resolution may be renumbered or re -lettered and corrections of
typographical errors which do not affect the intent may be authorized by the City
Manager, or the City Manager's designee, without need of public meeting.
Resolution No. 19-9710
Section 4. EFFECTIVE DATE.
This Resolution shall take effect immediately upon adoption and is subject to
the approval of the Governor or his designee.
PASSED AND ADOPTED this 23rd day of October, 2019.
Matthew A. Pigatt, Mayor
ATTEST:
kket
Joarja Flores, City Clerk
APPROVED AS TO FORM AND
LEGAL S « f NCY:
x$Iette No Weeks, P.A.
;; Attorney
Moved by: Commissioner Burke
Seconded by: Vice Mayor Davis
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:
Department
Director
Signature:
(./....--4,116---
rdi
City
Manager:
John E. Pate
CM Signature:
nce
Other
Commission
Meeting
Date:
10.30.19
Item Type:
(EnterXin box)
Resolution
g
Fiscal
Impact:
(EnterXin box)
Yes
No
Ordinance Reading.
(Enter X in box)
1st Reading
2nd Reading
x
Public Hearing:
(EnterXin box)
Yes
No
Yes
No
X
X
Funding
Source:
Account# :
17-513340
61-513340
(Enter Fund & Dept)
Ex:
Both the
Government and
Enterprise Fund
Advertising Requirement:
(EnterXin box)
Yes
No
X
Contract/P.O.
Required:
(EnterXin 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
Communication
Area:
IN
Strategic Plan Obj./Strategy:
(list the specific objective/strategy this
item will address)
X
•
MI
Image • 1
•
Sponsor
Name
City Manager
Department:
City Manager
Short Title:
A resolution authorizing the City Manager to execute an emergency agreement with TriMerge Consulting
Group, PA for temporary financial professional staffing from the office of certified public accountants and
various other services.
Staff Summary:
The City is operating without financial management and leadership, currently the City does not have an
employed Finance Director, Budget Administrator and Grants Writer/Accounting/Manager.
In tackling the City's fiscal affairs (coordinating, managing and controls), the financial emergency, addressing
financial matters of the Auditor General findings, financial and compliance audits both current and past due,
technical support and advisory to management and the City Commission, day to day operations, both
supervision and management, budgetary development, monitoring and TRIM legislation, managing the
accounting for the general ledger and fund accounting, adhering to Generally Accepted Accounting Principles
(GAAP) and Government Accounting Standards Board (GASB) statements applicable to the City in addition to
Financial Accounting Standards Board (FASB) statements that are applicable, along with interpretation and
implementation of these standards in which the City must comply with for financial accounting and reporting
compliance, adhering to Florida Statues with respect to financial matters affecting the City, grant accounting
and compliance with regulatory bodies, laws and rules, the City is without any financial leadership and
oversight. There is a great need of assistance within the Finance Department and the budget process.
The City of Opa-locka believes this request qualifies as an emergency.
Proposed Action:
Staff recommends the approval of this request to engagement in a contract for these services with TriMerge
Consulting Group, P.A. to provide temporary professional financial management and leadership to the City on
this interim basis until a permanent solution is recommended.
Attachment:
Agreement
AGREEMENT
THIS IS AN AGREEMENT, dated the a) day of bG t r 2019, between:
CITY OF OPA-LOCKA, a Florida municipal corporation, hereinafter
"CITY "
and
TRIMERGE CONSULTING GROUP, P.A.
a company, authorized to do business in the State of Florida, hereinafter
"CONTRACTOR."
WITNESSETH:
In consideration of the mutual terms and conditions, promises, covenants, and payments
hereinafter set forth, CITY and CONTRACTOR agree as follows:
ARTICLE 1 PREAMBLE
In order to establish the background, context and form of reference for this Contract and to
generally express the objectives, and intentions, of the respective parties herein, the
following statements, representations and explanations shall be accepted as predicates for
the undertakings and commitments included within the provisions which follow and may
be relied upon by the parties as essential elements of the mutual considerations upon which
this Contract is based.
1.1 CITY is in immediate need of a contractor for temporary professional accounting staffing
services as set forth in this Agreement.
1.2 CITY desires to contract with a professional company with the knowledge and ability to
perform the services sought.
1.3 CITY has worked with CONTRACTOR and the prior contract has expired.
ARTICLE 2 SCOPE OF WORK
2.1 CONTRACTOR shall furnish all of the materials, tools, supplies, and labor necessary to
perform all of the work described in Exhibit "A" ("Work").
2.2 CONTRACTOR hereby represents to CITY, with full knowledge that CI1"Y is relying
upon these representations when entering into this Contract with CONTRACTOR, that
CONTRACTOR has the professional expertise, experience and manpower to perform the
services to be provided by CONTRACTOR pursuant to the terms of this Agreement.
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2.4 CONTRACTOR assumes professional and technical responsibility for performance of its
services to be provided hereunder in accordance with applicable recognized
professional standards and relevant Florida Statutes.
ARTICLE 3
COMMENCEMENT OF SERVICES
3.1 The CONTRACTOR shall commence Work upon the effective date stated and
pursuant to the resolution approving same.
ARTICLE 4 CONTRACT SUM
4.1 The CITY hereby agrees to pay CONTRACTOR for the faithful performance of this
Contract as follows:
CONTRACTOR shall bill invoices on a monthly basis and provide periodic invoices to
the City based on the hours of work completed by personnel on a monthly basis, during
the course of the engagement upon the rate and terms as presented below with the City
of Opa-locka. Invoices will include service for the work provided, which shall be hours
of work completed by personnel as set forth herein.
TriMerge Consulting Group, PA
Customer: City of Opa-locka
Request for Technical Assistance for Certified Public
Accountant Services through
Temporary Professional Staffing Business Unit
Classification
Standard Staffing
Hourly Hourly
Bill Rate Discount Bill Rate
Partner Level -[CPA] $ 225 40% $ 139.05
Senior Manager Level - [CPA] $ 175 40% $ 108.15
Manager Level - [CPA] $ 150 40% $ 92.70
Manager Level $ 145 40% $ 89.61
Senior Level $ 140 60% $ 57.68
Staff Associate Level $ 125 60% $ 51.50
Administrator Level $ 95 60% $ 39.14
Reimbursement for Out of Pocket Cost (Approved)
Service fees do not include out-of-pocket expenses advanced on behalf of the CITY by the
CONTRACTOR, any out-of-pocket expenses incurred must be approved by the Cl'1Y in
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advance.
Services may be terminated for nonpayment. This engagement does not contemplate any
services not specifically included in this letter in advance.
4.2 CONTRACTOR shall be solely responsible for and shall provide for the payment of
workers compensation insurance coverage and premium, and all other insurance pursuant
to Article 5 below, withholding taxes, FICA, pension and profit sharing contributions,
retirement contributions, if any, all remunerations; all labor, contract compliance, and all
other charges, fees, permits and expenses associated with the employment of such
personnel provided by CONTRACTOR hereunder. CITY shall bear no responsibility for
any such charge, fees, permits or expenses associated with the employment of such
personnel by
CONTRACTOR.
4.3 Payment to CONTRACTOR for all tasks and charges under this Contract shall be in
accordance with the following conditions:
A. Disbursements. There are no reimbursable expenses associated with this Contract
unless otherwise approved in writing.
B. Payment Schedule. Invoices received from CONTRACTOR pursuant to this
Contract will be reviewed by the City Manager.
C. Availability of Funds. CITY's performance and obligation to pay under this
Agreement is contingent upon an annual appropriation for its purpose by the City
Commission.
D. Prompt Pay. Payment is due within 30 days.
4.4 The making and acceptance of the final payment shall constitute a waiver of all claims
by the CITY other than those arising from unsettled liens, or from unknown failure of the
Work to comply with the requirements of the Exhibit A. It shall also constitute a waiver of
all claims by the CONTRACTOR, except those previously made and still unsettled.
ARTICLE 5 CONTRACTOR'S LIABILITY INSURANCE
5.1 The CONTRACTOR shall neither commence Work under this Contract until he has
obtained all insurance required under this paragraph and such insurance has been
approved by the CITY nor allow any Subcontractor to commence work on its subcontract
until all similar such insurance required of the subcontractor has been obtained and
approved.
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5.2 Certificates of insurance, reflecting evidence of the required insurance, shall be filed
with the City prior to the commencement of the Work. These Certificates shall contain a
provision that coverage afforded under these policies will not be canceled until at least
thirty days (30) prior written notice has been given to the CITY. Policies shall be issued by
companies authorized to do business under the laws of the State of Florida.
5.3 Financial Ratings must be no less than "A" in the latest edition of "Bests Key Rating
Guide", published by A.M. Best Guide.
5.4 The CONTRACTOR shall hold the CITY, its agents, and employees, harmless on
account of claims for damages to persons or tangible property arising out of the
negligent acts or omissions of Contractor or its Subcontractors in the performance of the
Work and name the CITY as an additional insured under their Comprehensive General
Liability insurance policy.
5.5 The CITY reserves the right to require any other insurance coverage it deems necessary
depending upon the exposures.
ARTICLE 6 CONTRACTOR'S INDEMNIFICATION
6.1 The CONTRACTOR agrees to release the CITY from and against any and all liability
and responsibility in connection with the losses caused by CONTRACTOR'S negligent act
or omissions. The CONTRACTOR further agrees not to sue or seek any money or damages
from CITY in connection with losses caused by CONTRACTOR'S negligent act or
omissions, except in the event that the CITY fails to pay to CONTRACTOR the fees and
costs as provided for in Article 4 herein.
6.2 The CONTRACTOR agrees to indemnify and hold harmless the CITY, its trustees,
elected and appointed officers, agents, servants and employees, from and against any and
all claims, demands, or causes of action of whatsoever kind or nature, and the resulting
losses, costs, expenses, reasonable attorneys' fees, liabilities, damages, orders, judgments, or
decrees, sustained by the CITY or any third party arising out of, or by reason of, or resulting
from the CONTRACTOR's negligent acts, errors, or omissions.
6.3 If a court of competent jurisdiction holds the CITY liable for certain tortuous acts of its
agents, officers, or employees, such liability shall be limited to the extent and limit provided
in 768.28, Florida Statutes. This provision shall not be construed as a waiver of any right or
defense that the CITY may possess. The CITY specifically reserves all rights as against any
and all claims that may be brought.
6.4 If any dispute arises among the parties hereto, the parties agree to first try in good faith
to settle the dispute by mediation. The costs of any mediation proceeding shall be shared
equally by all parties.
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ARTICLE 7 INDEPENDENT CONTRACTOR
7.1 This Contract does not create an employee/employer relationship between the parties.
It is the intent of the parties that the CONTRACTOR is an independent contractor under
this Contract and not the Cl1'Y's employee for all purposes, including but not limited to, the
application of the Fair Labor Standards Act minimum wage and overtime payments,
Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax
Act, the provisions of the Internal Revenue Code, the State Workers Compensation Act, and
the State unemployment insurance law. The CONTRACTOR shall retain sole and absolute
discretion in the judgment of the manner and means of carrying out the CONTRACTOR's
activities and responsibilities hereunder provided. This Contract shall not be construed as
creating any joint employment relationship between the CONTRACTOR and the CITY and
the CITY will not be liable for any obligation incurred by CONTRACTOR, including but not
limited to unpaid minimum wages and/or overtime premiums.
ARTICLE 8 CONTRACT BOND
8.1 There shall be no bond requirements for this Contract.
ARTICLE 9 CHANGES TO SCOPE OF WORK AND ADDITIONAL WORK
9.1 CITY or CONTRACTOR may request changes that would increase, decrease or
otherwise modify the Scope of Services/Basic Services to be provided under this
Agreement as described in Exhibit A, as long as such changes are in writing and are
approved by the City Commission.
ARTICLE 10
TERM AND fhRMINATION
10.1 This Agreement shall commence upon the effective date and end on September 30,
2020.
10.2 It is the City's intent is to issue a Request for Proposals (RFP) for financial services, on
permanent basis, within 60-90 days following the Resolution approving this Agreement.
The City or Contractor may terminate this agreement with thirty (30) days notice to the
other at the addresses set forth in Paragraph 11.7 of this Agreement.
ARTICLE 11 MISCELLANEOUS
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11.1 Legal Representation. It is acknowledged that each party to this Contract had the
opportunity to be represented by counsel in the preparation of this Contract and,
accordingly, the rule that a contract shall be interpreted strictly against the party preparing
same shall not apply due to the joint contribution of both parties.
11.2 Assignments. This Contract, or any interest herein, shall not be assigned, transferred or
otherwise encumbered, under any circumstances, by either without the prior written
consent of CITY. For purposes of this Contract, any change of ownership of
CONTRACTOR shall constitute an assignment which requires CITY approval. However,
this Contract shall run to the CITY and its successors and assigns.
11.3 Records. CONTRACTOR shall keep books and records and require any and all
subcontractors to keep books and records as may be necessary in order to record complete
and correct entries as to personnel hours charged to this engagement, and any expenses for
which CONTRACTOR expects to be reimbursed, if applicable. Such books and records will
be available at all reasonabletimes for examination and audit by CITY and shall be kept for
a period of three (3) years after the completion of all work to be performed pursuant to this
Contract Incomplete or incorrect entries in such books and records will be grounds for
disallowance by CITY of any fees or expenses based upon such entries.
11.4 CITY is a public agency subject to Chapter 119, Florida Statutes. To the extent
CONTRACTOR is acting on behalf of CITY pursuant to Section 119.0701, Florida Statutes,
CONTRACTOR shall:
a. Keep and maintain public records that ordinarily and necessarily would be required
to be kept and maintained by CITY were CITY performing the services under this
Contract;
b. Provide the public with access to such public records on the same terms and
conditions that the County would provide the records and at a cost that does not exceed
that provided in Chapter 119, Florida Statutes, or as otherwise provided by law;
c. Ensure that public records that are exempt or that are confidential and exempt from
public record requirements are not disclosed except as authorized by law; and
d. Meet all requirements for retaining public records and transfer to Cl'1'Y, at no cost,
all public records in possession of the CONTRACTOR upon termination of this Contract
and destroy any duplicate public records that are exempt or confidential and exempt.
All records stored electronically must be provided to the CITY.
11.5 Ownership of Documents. Reports, surveys, plans, studies, financial records, and
other data provided in connection with this Contract are and shall remain the property of
Ci'iY.
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11.6 No Contingent Fees. CONTRACTOR warrants that it has not employed or retained
any company or person, other than a bona fide employee working solely for the
CONTRACTOR, to solicit or secure this Contract, and that it has not paid or agreed to pay
any person, company, corporation, individual or firm, other than a bona fide employee
working solely for CONTRACTOR, any fee, commission, percentage, gift, or other
consideration contingent upon or resulting from the award or making of this Contract For
the breach or violation of this provision, the CITY shall have the right to terminate the
Contract without liability at its discretion, to deduct from the contract price, or otherwise
recover the full amount of such fee, commission, percentage, gift or consideration.
11.7 Notice. Whenever any party desires to give notice unto any other party, it must be
given by written notice, sent by registered United States mail, with return receipt requested,
addressed to the party for whom it is intended and the remaining party, at the places last
specified, and the places for giving of notice shall remain such until they shall have been
changed by written notice in compliance with the provisions of this section. For the
present, the CONTRACTOR and the CITY designate the following as the respective places
for giving of notice:
CITY:
Copy To:
John Pate, City Manager
780 Fisherman Street
Opa-Locka, FL 33054
Burnadette Norris -Weeks, City Attorney
Burnadette Norris -Weeks, P.A.
401 North Avenue of the Arts
Fort Lauderdale, Florida 33311
CONTRACTOR: TriMerge Consulting Group, P.A.
Geraldine Lazarre, President
39 NW 166th Street, Suite 1
Miami, FL 33169
Binding Authority. Each person signing this Contract on behalf of either party individually
warrants that he or she has full legal power to execute this Contract on behalf of the party
for whom he or she is signing, and to bind and obligate such party with respect to all
provisions contained in this Contract.
11.8Exhibits. Each Exhibit referred to in this Contract forms an essential part of this
Contract The exhibits if not physically attached should be treated as part of this
Contract and are incorporated herein by reference.
11.9Headings. Headings herein are for convenience of reference only and shall not be
considered on any interpretation of this Contract.
7
11.10 Severability. If any provision of this Contract or application thereof to any person or
situation shall, to any extent, be held invalid or unenforceable, the remainder of this
Contract, and the application of such provisions to persons or situations other than
those as to which it shall have been held invalid or unenforceable shall not be affected
thereby, and shall continue in full force and effect, and be enforced to the fullest extent
permitted by law.
11.11 Governing Law. This Contract shall be governed by the laws of the State of Florida
with venue lying in Miami -Dade County, Florida.
11.12 Disputes. Any claim, objection, or dispute arising out of the terms of this Contract
shall be litigated in the 11th Judicial Circuit Court in and for Miami -Dade County.
11.13 Attorney's Fees. To the extent authorized by law, in the event that either party
brings suit for enforcement of this Contract, the prevailing party shall be entitled to
attorney's fees and court costs in addition to any other remedy afforded by law.
11.14 Extent of Contract. This Contract together with Contract Documents, attached as an
Exhibit hereto, as amended herein above represents the entire and integrated
agreement between the CITY and the CONTRACTOR and supersedes all prior
negotiations, representations or agreements, either written or oral. The City Manager
has authority to make minor and non -monetary changes to this Agreement as
determined by the City Manager.
11.15 Waiver. Failure of the either party to insist upon strict performance of any provision
or condition of this Contract, or to execute any right therein contained, shall not be
construed as a waiver or relinquishment for the future of any such provision, condition,
or right, but the same shall remain in full force and effect.
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and
year first written above.
CI Y OF OPA-LOCKA
MANAGER:
8
Attest:
C'Attorney
CONTRACTOR:
TRIIvIERGE CONSULTING GROUP,'; PA
WITNESSES:
BY:
Geraldine Lazarre,
ATTEST:
SECRETARY
STATE OF FLORIDA
)SS:
COUNTY OF MIAMI-DADE COUNTY)
9
BEFORE ME, an officer duly authorized by law to administer oaths and take
ackno dgments, personalll appeared
►n /,0l2.cit"r� as
rCl+�h , air, e_ a Florida corportion, and acknowledged
executed the foregoing Contract as thproper official o /' e e for the use and
purposes mentioned in it and affixed the official seal of the co ration, and that the
instrument is the act and deed of that corporation.
IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the
State and County aforesaid on this ay of r 9: ,
My Commission Expires:
NOTARY PUBLIC
aP "Ns
r
?er
Notary Public State of Florida
Diane Cure -Darden
My Commission GG 201979
Expires 04,0 t /2022
10
EXHIBIT "A"
SCOPE OF WORK
The CITY MANAGER shall supervisor the services provided by the CONTRACTOR or
his/her designee. The SCOPE OF WORK does not constitute an audit, attestation, review,
or compilation of the financial statements in accordance with the standards established by
the American Institute of Certified Public Accountants. The SCOPE OF WORK performed
will assist the CITY MANAGER and provide recommendations to the CITY MANAGER on
financial and accounting matters for the FINANCE DEPARTMENT, on an as -needed
hourly basis. The parties agree that the day to day management and operations of the CITY
is the responsibility of the CITY MANAGER The parties further agree that all working
papers and reports shall be owned by the CITY.
CONTRACTOR shall assist and provide the duties herein and provide recommendations to the
City Manager on the following:
• Coordinate, manages, and provide recommendations on the controls of the City's fiscal
affairs including budget development, financial planning and financial reporting functions,
including the supervision of the preparation of the annual budget for presentation to the City
Commission
• Supervises personnel responsible for coordinating, managing and controlling the budget, cost
accounting services. Supervise, train and motivate Finance Department employees.
• Evaluate employees within the Finance Department and make recommendations to the City
Manager regarding hiring and firing.
• Advises the City Manager and the City Commission concerning matters of finance,
associated regulatory issues, and financial reporting requirements.
• Coordinate and manage the accounting function, ensuring that the City derives maximum
benefit through the judicious management of all funds (operating, debt service, capital
improvement, special revenue, internal, enterprise fund and other).
• Assist with coordinating and managing customer accounting functions related to the receipt
of funding from various Departments.
• Supervise the operations and activities of the accounting functions (i.e. cash, petty cash,
payroll, accounts payable, accounts receivable, grant receivable, general ledger, fixed assets,
long term liability and other etc.).
• Assist in legislative and other governmental activities as may be required relative to receipt
of necessary funding in support of City programs and services.
• Participate as an active member of the City's bargaining team related to financial matters.
• Provide knowledge of financial and business operations of the City, knowledge of computers
and applications, knowledge of organizational and management theory and practice.
• Provide ability to knowledge in problem -solving situations, analyze problem and
recommendation and implement workable solutions.
• Coordinate the auditing of the City's internal accounts and proper record keeping of the
property inventory.
• Review and analyze financial reports and online data as necessary to effectively administer
the City's budgets.
11
" D e v e l o p a n d p r e s e n t , a s r e q u i r e d , w r i t t e n / o r a l r e p o r t s t o i n c l u d e a p p r o p r i a t e c h a r g e s , g r a p h s ,
a n d d i a g r a m s t o i l l u s t r a t e f i n a n c i a l s t a t u s a n d b u d g e t i n f o r m a t i o n .
" M o n i t o r c o m p l i a n c e w i t h l e g a l r e q u i r e m e n t s r e l a t e d t o t h e C i t y ' s b u d g e t t o i n c l u d e T R I M
l e g i s l a t i o n .
" P e r f o r m o t h e r d u t i e s a s a s s i g n e d c o m m e n s u r a t e w i t h t h e s k i l l s a n d a b i l i t i e s o f p r o v i d i n g
p r o j e c t a n d f i n a n c i a l m a n a g e m e n t o f t h e F i n a n c e D e p a r t m e n t .
" P r o v i d e o u t s t a n d i n g c u s t o m e r s e r v i c e a n d u s e p o s i t i v e i n t e r p e r s o n a l c o m m u n i c a t i o n s k i l l s .
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p u b l i c , i n a d d i t i o n t o C i t y e m p l o y e e s .
" E n s u r e c o m p l i a n c e w i t h C i t y r u l e s a n d a p p l i c a b l e f e d e r a l l a w s a n d r e g u l a t i o n s .
" P r o v i d e a s t u t e i n d i v i d u a l w i t h s t r o n g p r o j e c t m a n a g e m e n t c a p a b i l i t i e s .
" A s s i s t a n d c o o p e r a t e w i t h c a s e s i n l i t i g a t i o n a n d p r e - l i t i g a t i o n s t a g e s .
" A b i l i t y t o e x e r c i s e c o n s i d e r a b l e i n i t i a t i v e a n d s o u n d j u d g m e n t i n a p o s i t i v e a n d c o n s t r u c t i v e
w a y ; p l a n , o r g a n i z e a n d a s s i g n w o r k o f t h e F i n a n c e D e p a r t m e n t s t a f f .
" A s s i s t w i t h r e a d i n g , a n a l y z i n g a n d i n t e r p r e t i n g g e n e r a l b u s i n e s s p e r i o d i c a l s p r o f e s s i o n a l
j o u r n a l s , t e c h n i c a l p r o c e d u r e s , o r g o v e r n m e n t a l r e g u l a t i o n s .
" A s s i s t w i t h p r e p a r e t h e C i t y ' s A n n u a l F i n a n c i a l R e p o r t , p r e p a r i n g f i n a n c i a l s t a t e m e n t s a n d
s c h e d u l e s , n o t e s a n d t a b l e s r e q u i r e d f o r G A A P c o m p l i a n c e , a n d c o o r d i n a t e i t s p r i n t i n g .
" D e v e l o p i n t e r n a l c o n t r o l s a n d a c c o u n t i n g p o l i c i e s a n d p r o c e d u r e s t h a t e n s u r e c o m p l i a n c e
w i t h G A A P ; A s s u r e c o m p l i a n c e w i t h l a w s , c o d e s a n d r e g u l a t i o n s g o v e r n i n g m u n i c i p a l
a c c o u n t i n g .
" R e v i e w / a p p r o v e g e n e r a l l e d g e r t r a n s a c t i o n s a r e c o m p l e t e p r i o r t o m o n t h l y a n d y e a r e n d
c l o s e .
" A s s i s t i n t h e f o r m u l a t i o n a n d u p d a t e o f t h e F i n a n c e D e p a r t m e n t p o l i c i e s a n d p r o c e d u r e s .
" P r o v i d e t e c h n i c a l a s s i s t a n c e t o s t a f f i n v o l v i n g f i n a n c i a l r e p o r t i n g , p a y r o l l , a c c o u n t s p a y a b l e ,
f i x e d a s s e t s , s p e c i a l f u n d s , a n d g r a n t s .
" A s s i s t i n a n a l y z e o u t - o f - b a l a n c e c o n d i t i o n s , f i n a n c i a l r e p o r t s , b u d g e t d o c u m e n t s a n d r e l a t e d
a c c o u n t i n g p a p e r s , a n d i d e n t i f y c a u s e s o r p r o b l e m s , r e c o m m e n d s o l u t i o n s a n d p r o v i d e
c o r r e c t i o n f o r a c c o u n t p r o b l e m s .
" W o r k c l o s e l y w i t h t h e f i n a n c e d e p a r t m e n t t o c o o r d i n a t e y e a r e n d c l o s i n g o f a c c o u n t s a n d
m a k e n e e d e d a d j u s t m e n t s .
" A s s i s t t h e d e p a r t m e n t w i t h r e v i e w o f g e n e r a l l e d g e r a c c o u n t s i n p r e p a r a t i o n o f s c h e d u l e s ,
p r o v i d e a d d i t i o n a l i n f o r m a t i o n , d o c u m e n t a t i o n a n d e x p l a n a t i o n t o t h e f i n a n c i a l a u d i t o r , a n d
d r a f t i n g t h e f i n a n c i a l s t a t e m e n t s a n d n o t e s f o r t h e a n n u a l F Y 2 0 1 5 a n d F Y 2 0 1 6 f i n a n c i a l
r e p o r t s .
" A s s i s t w i t h t h e c o m p i l a t i o n o f f i n a n c i a l a n d s t a t i s t i c a l i n f o r m a t i o n f o r v a r i o u s r e p o r t s .
" A s s i s t w i t h t h e p r e p a r a t i o n o f m o n t h l y a n d q u a r t e r l y r e p o r t s f o r F e d e r a l , S t a t e a n d L o c a l
a u t h o r i t i e s .
" A s s i s t w i t h m a i n t a i n i n g c u r r e n t a n d u p t o d a t e a c c o u n t s p a y a b l e r e c o r d s a n d p r e p a r e a n d
e v a l u a t e p o l i c i e s , p r o g r a m s , a n d o p e r a t i o n s a n d a s s i s t w i t h u p d a t i n g o f p o l i c y a n d
p r o c e d u r e s .
" A s s i s t w i t h a n a l y z i n g e x p e n d i t u r e a n d r e v e n u e a c c o u n t s o f a l l f u n d s f o r a c c u r a c y a n d
c o m p l e t e n e s s .
" A s s i s t i n p r e p a r e j o u r n a l e n t r i e s a n d m a k e s n e e d e d m o n t h - e n d a d j u s t m e n t s .
" A s s i s t i n t h e p r e p a r a t i o n o f a n n u a l r e p o r t s t o S t a t e o n C i t y ' s f i n a n c e s .
1 2
" A s s i s t i n p e r f o r m i n g b a n k s t a t e m e n t r e c o n c i l i a t i o n s a n d m o n t h l y g e n e r a l l e d g e r a c c o u n t s
r e c o n c i l i a t i o n .
" A s s i s t w i t h f o r e c a s t i n g a n d p r e p a r a t i o n o f c a s h f l o w .
" A s s i s t w i t h t r a c i n g f i x e d a s s e t s a n d u p d a t i n g S u n G a r d F i x e d A s s e t M o d u l e .
" A s s i s t w i t h p r e p a r i n g v a r i o u s r o u t i n e a c c o u n t i n g s c h e d u l e s , a n d i n t e r n a l a n d e x t e r n a l r e p o r t s .
" A s s i s t w i t h e v a l u a t i n g , u p d a t i n g a n d e n s u r i n g t h a t t h e c i t y ' s u n i f o r m a c c o u n t i n g p r a c t i c e s
a n d p r o c e d u r e s m e e t t h e r e q u i r e m e n t s o f S e c t i o n 2 1 8 . 3 3 o f t h e F l o r i d a S t a t u t e s .
" A s s i s t w i t h p r o v i d i n g a c c u r a t e t i m e l y r e p o r t o f a c t i v i t y a n d r o u t i n e s t a t u s u p d a t e s a s r e q u i r e d .
" A s s i s t t h e F i n a n c e D e p a r t m e n t w i t h r e v i e w o f g e n e r a l l e d g e r a c c o u n t s i n p r e p a r a t i o n o f
s c h e d u l e s ; p r o v i d e a d d i t i o n a l i n f o r m a t i o n , d o c u m e n t a t i o n a n d e x p l a n a t i o n t o t h e f i n a n c i a l
a u d i t o r , a n d d r a f t i n g t h e f i n a n c i a l s t a t e m e n t s a n d n o t e s f o r t h e a n n u a l F Y 2 0 1 9 f i n a n c i a l
r e p o r t s .
1 3