HomeMy Public PortalAbout18-9503 Retroactively Approving Payment to ASNF Financial Sponsored by: City Manager
RESOLUTION NO. 18-9503
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF OPA-LOCKA, FLORIDA, RETROACTIVELY
APPROVING PAYMENT TO ASNF FINANCIAL, LLC FOR
THE PREPARATION OF A FIVE YEAR FINANCIAL
RECOVERY PLAN; PROVIDING FOR INCORPORATION OF
RECITALS; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the State and Local Agreement of Cooperation Between the Governor
and the City of Opa-locka ("City") requires the City to develop a Five Year Financial
Recovery Plan for the fiscal years 2016-2017 through 2020-2021; and
WHEREAS, an unexecuted Agreement was discovered, dated January 29, 2018,
between the City and ASNF Financial, LLC for financial services in connection with the
preparation of a Five Year Financial Recovery Plan, at a rate of$125 per hour and for a term
of three (3) months; and
WHEREAS, invoices totaling $5000.00 in the amounts of $2250.00 and $2750.00
have already been paid; and
WHEREAS, Chapter 2, Article VI, Section 2-320 (d) of the City of Opa-locka Code
of Ordinances prohibits dividing contractual services into installments so that each invoice
is less than three thousand five hundred dollars ($3,500.00) to avoid competitive bidding;
and
WHEREAS, Chapter 2, Article VI, Section 2-320 (i) of the City of Opa-locka Code
of Ordinances states that if the City Manager determines in writing that a substantial loss to
the City requires emergency action, the agency may proceed with the procurement of the
contractual services necessitated by the immediate danger without competition; and
WHEREAS, ASNF Financial, LLC performed the work pursuant to the unexecuted
Agreement; and
WHEREAS, to avoid costly litigation and to fulfil the City's obligations to the State
of Florida in preparing a Five Year Financial Recovery Plan, the City Commission finds that
it is the best interest of the City to retroactively approve payment to ASNF Financial, LLC.
NOW THEREFORE, BE IT RESOLVED THAT THE CITY COMMISSION
OF THE CITY OF OPA-LOCKA, FLORIDA:
Section 1. RECITALS ADOPTED.
The recitals to the preamble herein are incorporated by reference.
�f`.:Trvi
City of Opa-Locka
Agenda Cover Memo
Department Department
Director: Director Signature:
Budget Ernesto Reyes Budget
Administrator: Administrator/ACM
Signature:
\ \\/11 /
Finance Bryan Hamilton FD Signature:
Director: Department ")
Acting City Newall J.Daughtrey ACM Signature:
Manager:
Commission 06.13.18 Item Type:
Meeting Date: X
EnterXin box
Fiscal Impact: Ordinance Reading:
(EnterXin box) (EnterXin box)
x Public Hearing:
(Enter X in box) x
Funding (Enter Fund& Advertising Requirement: " 4
Source: Dept) (EnterXin box) x
Account#: Ex:
19-519312
Contract/P.O. � RFP/RFQ/Bid#:
Required:
(EnterXin box)
Strategic Plan Strategic Plan Priority Area: Strategic Plan Obj./Strategy:
Related Enhance Organizational J (list the specific objective/strategy this
(Enter X in box) X Bus.&Economic Dev item will address)
Public Safety
Quality of Education
Qual.of Life&City Image N.
Communication
Sponsor Name City Manager Department: City Manager
Retroactively approving payment to ASNF Financial, LLC for preparation of a Five Year Financial Recovery Plan.
SUMMMarr
In an attempt to be transparent staff believe it is in our best interest to seek City Commission approval for payments
made without prior approval.
Pmposed
Attachment
Myra "Lady"Taylor Date: June 19, 2018
Mayor
To: Newall J. Daughtrey,Acting City Manager
Joseph Kelley From: Bryan Hamilton, Finance Director
Vice Mayor
Re: 5 Year Financial Recovery Plan Consultants
Timothy Holmes
Commissioner During the period of Oct 2017 to May 2018 consultants were hired by the previous
Acting City Manager (Eddie Brown) in furtherance of the preparation of a 5 Year
Recovery plan(the Plan)for the City of Opa-locka.
John Riley
Commissioner The City had previously engaged A.L. Jackson Associates(Anthony Jackson CPA)to
prepare the 5 Year Recovery plan in 2017. Mr. Jackson was unable to move forward
with the plan and resigned the engagement. Additionally, Newall Daughtrey and
Associates were also engaged by the City Commission to prepare the Plan after a
Matthew Pigatt competitive bid process was completed. Mr. Daughtrey was terminated via 30 day
Commissioner letter issued by Eddie Brown after a period of time and submitted his report to the
City Commission both verbally and in writing.
Newall Daughtrey The resignation of Anthony Jackson and termination of Mr. Daughtrey's contract
Interim City Manager created additional urgency to fmd and engage consultant(s) to prepare the Plan. As
such, it appears that Mr. Brown engaged two consultants to work on different aspects
of the Plan. The consultants, Darvin Williams and Ashe Benzo were engaged by the
Joanna Flores former City Manager (Eddie Brown) and contract or term sheets were created and
City Clerk signed by Mr. Brown and the Consultants. The contracts were not submitted to
competitive bid and were not presented to the City Commission for
approval/resolution to adopt the contracts.
Vincent Brown,Esq. These consultants were coordinated and supervised by the Assistant City Managers
City Attorney (William Green and Ernesto Reyes) and their work product was submitted to the City
Manager. In all, three reports were submitted in various stages of completion by
Darvin Williams, Ashe Benzo and Newall Daughtrey, respectively.
The Plan was eventually coordinated by Darvin Williams, who worked to incorporate
the contributions of all consultants into a document that is close to completion. Mr.
Ernesto Reyes has developed the revenue, expense, and fund balance projections for
insertion into the final Plan that is being completed by Darvin Williams.
Finance Department 1 780 Fisherman Street,4th Floor,Opa-locks,FL 33054 I Phone 305-953-2868
Mr. Williams has ceased work on the Plan pending approval of his contract. Our review of the work product
indicates that Mr. Williams and staff should be able to complete the Plan within 14 days of Mr. Williams
restarting work on the Plan.
Consultants have been paid on their work to date with the exception of Darvin Williams who has a balance
outstanding on three invoices in the amount of$10,537.50.
Payments to date for the consultants are as follows:
Newall J. Daughtrey&Associates—$29,500
Ashe Benzo—$5,000
Darvin Williams—$10,500
TOTAL - $45,000
Finance Department 1 780 Fisherman Street,4th Floor,Opa-locka,FL 33054 I Phone 305-953-2868 I
v
p
as
CD 00. , p r . . . . p cis • . . , . . .
.. VD VS .. h
M et
49 49 Tr
. 1 p 1 § 1 I ■ 1 1 § 5. g . . § . . . . . .
*� pp up O d� Cr:.
et MD M .-. h
M et
69 4,
h ;12 o N O O O S O R S 0a t` ry O O^ . C O , . . . ,
N ~ Q h et b ... N M O et se er
M v)
49 49
888 8 § oo § 8s8 § I § 888 0
- ^ h O b N ... ~ N O N ti N N.. b et — C
M
v1
p p p 49 pp pp pp pp pp pp pp pp pp pp pp pp pp pp pp pp fA
e O O O 8 0 0 0 0 0 0 0 0 S 0 P. 0 0 0 0 0 0 0 OM
O v1 0 If1 00 0. 0. 0 0 0 C 0 0 v1 h et 0 0 0 0. 0. 0. M
h .-. O VD t; O O O h .-. -� O r N en O .- vi ri O O -. 00
4 .... Tr v1 01 N .-+ M r- M M N '-+ �--�
IEC M N
2 K 49
W O O QQ O O O O O Q O O O v) O O v1 O O O O O co
A g h S h 8 8 875 8 8 8 n 8 8 v 8 S 8 8 8 N
„y vi .-� O "0 W N O Q O •et —: 'Q' of Cr v) vi O 6. -�
' co .r .r N 00 N .-. 00 h en el N ,-i .--� ..-� .--. Ch
0 @
Q Z ..a 4, fA
N 00 N Vl CS O4 0\ '.0 l- :42 00 M O a. M 4O Cl O 00 If1 M O
ii v) 01 v1 O .N. h �D 0) 00 .-. e� V' 00 C .-• N d' �D O Q
01 O) 0� N VS. C^ 00 et ell O N 0) vw [. V1 h M [s Y) �n 4
N C..) N 00 N M 0� N M N 01 O O� UO N M en-
el
�-y .-. .-. M M ^. .-.. .-. .... N
A C7 0 49 c9
M
E5 ch
hIddli
c a awww
t�.7 2z $ a �j z C.
g � a. O (� � P CD K
„ c.) ,,. P 8 i i 6 BE 4 g
.
O v) O N O O --. M et O O O O O M 0 0 0 et
<1. et v1 d O N M VD CN 00 Ch -� N <1. et v')
N N N M M er eF st V Nr of Tr Tr Tr v1 v1 vl v1 v1
r7 O) O� T 0� 0'. 01 O) Q` � 0'. 0'. O\ 0h 0� 0'. 0'. 0'. 0'. 01 0�
L. A on.TA on on on.N 14-1 on on on on tv1 on on on,v1.el,V1 on..e..un
Sha'mecca Lawson
From: Miller, Eric <Eric.Miller@eog.myflorida.com>
Sent Monday,June 11,2018 11:46 AM
To: Sha'mecca Lawson
Cc Hunter, Brian
Subject Resolutions Regarding Payment for Five Year Recovery Plan and Budget Amendment for
the City of Opa-locka
Ms. Lawson:
Ms. Lawson:
Thanks for the email regarding the proposed resolutions addressing payment for work done
toward completion of the five year financial recovery plan. My staff members and I will be
monitoring the Commission's discussion of these resolutions as they are presented-for
consideration by the Commission.
Additionally, any word back on when we can expect a teleconference to discuss the budget
amendment for FY 2017-2018? Please see email below.
Thanks,
Eric W. Miller
Chief Inspector General
State of Florida
Executive Office of Governor Rick Scott
The Capitol
Tallahassee, FL 32399-0001
PH:850.717.9264
1
Ed Brown Teleboee:(305)953-2821
City Manager Eat: ebmwn@opacicafl.gov
January 17,2018
Newell J.Daughtrey
Newell J.Daughtrey&Associates •
P.O. Box 470307
Miami,FL 33247
Re:Five Year Recovery Plan
Dear Mr.Daughtrey:
I received your correspondence dated January 15,2018 refenmcing an invoice for$5,000 that you stated
was due on this date.Mr.Daughtrey I have explained this payment system to you and in good faith you
were issued the retainer on November 9, 2017 which was in anticipation and prior to the Financial
Oversight Board's approval that occurred on November 17,2017. We also made another good faith
effort to pay you on December 1,2017,14 days ahead of schedule and on Jam►8,2018,7 days ahead
of schedule.You seem to be somewhat confused if you thought that a retainer and paymentforservices
that were never rendered would occur simultaneously on November 15,2017.The contract we signed
specified that and we agreed that no work would be performed until the Financial Oversight Board
approved the contract.To further reiterate my position and to adhere to the contract you will not receive
another check until February 15,2018 which will total$17,000 for services rendered.
I have reviewed your contract and the reports you have submitted to date and they are not in compliance
nor are they structured in a format that gives me reasonable expectations that what has been submitted
has the potential of reaching the goals necessary to have a certified and creditable Financial Recovery
Plan that will be approved by the Inspector General and the Financial Oversight Board Furthermore
what has been presented is old data that we already possess,understand and has been the driving force
that has caused the City of Opa Locka to seek assistance from the Governor's Office.
Per section 10 notably 10.1 I am evoking the 30 day notification to terminate this agreement which will
sunset on February 16,2018.Any other reports that you have can be forwarded to my office.Thank you
for your service in the performance of this endeavor.
Sincerel
Arovi
City Manager
OpP-Lock@
0
0
a o
AGREEMENT NO.
FOR FIVE YEAR FINANCIAL RECOVERY PLAN FOR THE CITY OF OPA-LOCKA
BETWEEN THE CITY OF OPA-LOCKA AND ASNF FINANCIAL,LLC.
THIS AGREEMENT is made and entered into as of the 29th day of January 2018, by and
between the CITY OF OPA-LOCKA, a political subdivision of the State of Florida, having an
address at 780 Fisherman Street, Opa-Locka, Florida 33054, hereinafter referred to as the
"CITY", and ASNF FINANCIAL, LLC having his principal office at 6569 Tara Boulevard,
Jonesboro, Georgia 30236,hereinafter referred to as the"CONTRACTOR".
RECITALS
WHEREAS, the CITY has determined that it is in its best interest to purchase services
titled Preparation of Five Year Recovery Plan, attached hereto as Exhibit "A" and made a
binding part hereof by this reference,hereinafter referred to as "FIVE YEAR PLAN;and
WHEREAS,the CITY desires to engage the CONTRACTOR for provision of work with
respect to the FIVE YEAR PLAN on an as needed basis, and related services, as specified
herein, from a source(s) of supply that will give prompt and efficient service fully compliant to
the terms and conditions of this Agreement;and
WHEREAS,the CITY shall be afforded all of the rights,privileges and indemnifications
afforded under the Agreement, and such rights, privileges and indemnifications shall accrue
and apply with equal effect to the CITY under this Agreement including, without
limitation, CONTRACTOR's obligation to provide insurance and certain indemnifications.
NOW, THEREFORE,in consideration of the mutual covenants,terms, and provisions
contained herein,the parties do hereby agree as follows:
Additional Terms and Conditions
SECTION 1. TERM.
1.1 The term of this agreement shall begin on January 29, 2018 and continue
for a 3 month term. The CITY COMMISSION reserves the right to renew this Agreement for
additional months for implementation. 1
SECTION 2.NOTICE.
2.1 Whenever any party desires to give notice unto any other party, it must be given
by written notice, sent by certified United States mail, with return receipt requested, or by
nationally recognized overnight delivery service, 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. Notice may also be sent by electronic means (facsimile or email)
provided such is followed by a hard copy of such notice provided in the manner set forth above.
Notice is deemed given when received. For the present, CONTRACTOR and the CITY designate
the following as the respective places for giving such notice:
TO CITY: Office of the City Manager
City of Opa-Locka
780 Fisherman Street, 4th Floor
Opa-Locka, Florida 33054
City Manager: Ed Brown
WITH COPIES TO: Vincent T. Brown, Esq.
City Attorney
City of Opa-Locka
780 Fisherman Street, 4th Floor
Opa-Locka, Florida 33054
CONTRACTOR: ASNF Financial, LLC
6569 Tara Boulevard
Jonesboro, Georgia 30236
SECTION 3. ENTIRE AGREEMENT AND MODIFICATION.
3.1 This instrument and its attachments constitute the sole and only agreement of the
Parties relating to the subject matter hereof and correctly set forth the rights, duties, and
obligations of each to the other as of its effective date. Any prior agreements, promises,
negotiations, or representations not expressly set forth in this Agreement are of no force or
effect. The covenants, terms, and provisions of this Agreement may be modified only by way of
a written instrument, mutually accepted by the parties hereto in writing. In the event of a
conflict between the covenants, terms, and/or provisions of this Agreement and any written
Amendment(s)hereto, the provisions of the latest executed instrument shall take precedence.
2
SECTION 4. FUND AVAILABILITY AND USE OF CONTRACTOR.
4.1 Services to be performed in accordance with this Agreement are subject to and
contingent upon the annual appropriation of funds by the CITY. In its sole discretion, the CITY
reserves the right to forego use of the CONTRACTOR for any project which may fall within the
Pricing Options and Program Specific Terms and Conditions listed herein.
4.2 In the event the CITY is required to reduce contract costs due to budgetary
constraints, all services specified in this document will be subject to a permanent or temporary
reduction in budget. In such an event, the total cost for the affected service shall be reduced as
required. The CONTRACTOR shall also be provided with a minimum 30-day notice prior to
any such reduction in budget.
SECTION 5 . INDEMNIFICATION.
5.1 For other good and valuable consideration the receipt and adequacy of which is
hereby acknowledged, CONTRACTOR agrees to indemnify, defend and hold harmless, the
CITY, its officers, agents, and employees from, and against any and all claims, actions,
liabilities, losses and expenses including, but not limited to, attorneys' fees for personal,
economic or bodily injury, wrongful death, loss of or damage to property, at law or in equity,
which may arise or may be alleged to have risen from the negligent acts, errors, omissions or
other wrongful conduct of CONTRACTOR, agents or other personnel entity acting under
CONTRACTORS's control in connection with CONTRACTOR's performance of services under this
Agreement and to that extent CONTRACTOR shall pay such claims and losses and shall pay all
such costs and judgments which may issue from any lawsuit arising from such claims and losses
including wrongful termination or allegations of discrimination or harassment, and shall pay all
costs and attorneys' fees expended by the CITY in defense of such claims and losses including
appeals. That the aforesaid hold-harmless agreement by CONTRACTOR shall apply to all damages
and claims for damages of every kind suffered, or alleged to have been suffered, by reason of
any of the aforesaid operations of CONTRACTOR or any agent or employee of CONTRACTOR
regardless of whether or not such insurance policies shall have been determined to be applicable
to any of such damages or claims for damages.
SECTION 6. GOVERNING LAW AND EXCLUSIVE VENUE.
6.1 This Agreement will be governed by the laws of the State of Florida. Any claim,
objection, or dispute arising out of the terms of this Agreement shall be brought in Miami-Dade
County.
SECTION. 7. ATTORNEYS' FEES. 3
7.1 In the event of litigation relating to the subject matter of this agreement,
the prevailing party shall be entitled to receive from the other party its
reasonable attorneys' fees and costs.
SECTION. 8 FLORIDA PUBLIC RECORDS LAW.
8.1 Pursuant to Section 119.0701 of the Florida Statutes, CONTRACTOR shall:
(a) Keep and maintain public records that ordinarily and necessarily would be
required by a public agency in order to perform the service.
(b) Provide the public with access to public records on the same terms and
conditions that a public agency would provide the records, and at a cost that does not exceed the
cost provided by law.
(c) Ensure that public records that are exempt from public records disclosure
requirements are not disclosed, except as authorized by law.
(d) Meet all requirements for retaining public records, and transfer to the City, at
no cost to the City, all public records created, received, maintained, and/or directly related to
the performance of this Agreement that are in the possession of CONTRACTOR upon
termination of this Agreement. All electronically stored records must be provided to the City in
a format that is compatible with the information technology system of the City.
(e) Upon termination of this Agreement and transfer of all public records to the
City, CONTRACTOR shall destroy any duplicate public records that are exempt from public
records disclosure requirements.
8.2 CONTRACTOR's failure to comply with the public records disclosure
requirement set forth in Section 119.0701 of the Florida Statutes shall be a breach of this
Agreement, and the City may, in its sole discretion, avail itself of the remedies set forth under
this Agreement and available at law.
SECTION 9. CANCELLATION OF AGREEMENT.
9.1 The CONTRACTOR must timely notify the City in the event the
CONTRACTOR is unable to perform the scheduled Services. Except as otherwise provided
herein, this Agreement may be cancelled by either party with thirty (30) days advance written
notice to the other at its address as herein specified. In the event CONTRACTOR cancels the
Agreement prior to completion of the Scope of Work, CONTRACTOR will reimburse the City
in proportion to time remaining on the Project. In the event the City terminates the Agreement
no reimbursement will be required of CONTRACTOR.
SECTION 10.DEFAULT AND TERMINATION FOR NON PERFORMANCE.
10.1 A default shall consist of any use of funds for a purpose other than as authorized
by this Agreement, noncompliance with any provision in Sections herein, or any material
breach of the Agreement. Upon the occurrence of any such default, the City shall serve due
4
notice to CONTRACTOR at which time CONTRACTOR shall have a reasonable opportunity
to respond and cure. For purposes of this Agreement, a reasonable opportunity to respond and
cure shall be ten(10)business days from receipt by CONTRACTOR of the City's written notice
of such default (the "Cure Period"). If the default is not cured to the satisfaction of the City, the
City shall have the right in its sole discretion to take the following actions:
A. Upon a written request from CONTRACTOR setting forth a reasonable basis to
support the need for an additional Cure Period the City may grant an additional Cure Period by
written acknowledgment thereof; or
B. Terminate this Agreement by written notice thereof; or
C. Take such other action including but not limited to temporarily withholding cash
payments pending correction of the deficiency by CONTRACTOR disallow all or part of the
cost of the activity or action not in compliance wholly or partly suspend or terminate the current
award for CONTRACTOR's program, withhold further awards for the program or take other
remedies that may be legally available.
SECTION 11. ASSIGNMENT.
11.1. CONTRACTOR shall not assign this Agreement or any part hereof without the
prior written consent of the City Commission and is subject to the approval of the Governor or
his designee.
SECTION 12. COMPLIANCE WITH APPLICABLE LAWS.
12. 1 CONTRACTOR shall comply with all applicable laws orders and codes of the
federal, state and local governments as they pertain to this Agreement.
SECTION 13. EQUAL OPPORTUNITY CLAUSE.
13.1 CONTRACTOR agrees to comply with the requirements of all applicable state
federal and local laws rules regulations ordinances and Executive Orders prohibiting and or
relating to discrimination. CONTRACTOR shall not discriminate on the basis of race, color,
religion, sex, national origin, age familial status and handicap.
SECTION 14. PROJECT PUBLICITY.
14.1 CONTRACTOR shall recognize the City for its contribution in promotional
material and at any events or workshops for which funds from this Agreement are allocated.
Any news release or other type of publicity pertaining to the scope of work performed pursuant
to this Agreement must recognize the City as the sponsor.
SECTION 15. POLITICAL ENDORSEMENT PROHIBITION.
15.1 CONTRACTOR shall not engage in political activities that promote or oppose
specific candidates.
5
SECTION 16. PUBLIC ENTITY CRIMES
16.1 A person or affiliate who has been placed on the convicted vendor list following
a conviction for a public entity crime may not submit a bid proposal or reply on a contract to
provide any goods or services to a public entity, may not submit a bid proposal or reply on a
contract with a public entity for the construction or repair of a public building or public work,
may not submit bids, proposals or replies on leases of real property to a public entity, may not
be awarded or perform work as a contractor, supplier, subcontractor or company under a
contract with any public entity and may not transact business with any public entity in excess of
the threshold amount provided in Section 287.017 Florida Statutes for Category Two for a
period of thirty- six (36) months following the date of being placed on the convicted vendor list.
Additionally, pursuant to City's policy, a conviction of a public entity crime may cause the
rejection of a bid offer or proposal. The City may make inquiries regarding alleged convictions
of public entity crimes. The unreasonable failure of a bidder, offeror or proposer to promptly
supply information in connection with an inquiry may be grounds for rejection of a bid offer,
proposal or reply.
Section 17. MAINTENANCE OF RECORDS.
17.1 CONTRACTOR shall maintain all records and accounts including property,
personnel and financial records, contractual agreements, construction reports, Davis Bacon
records, subcontracts, proof of required insurance and any other records related to or resulting
from the activities performed under this Agreement to assure a proper accounting and
monitoring of all funds. In the event the City determines that such records are not being
adequately maintained by CONTRACTOR, the City may cancel this Agreement in accordance
with Sections 10 and 11 herein. This Article shall survive the expiration or earlier termination
of this Agreement.
17.2 With respect to all matters covered by this Agreement records will be made
available for examination audit inspection or copying purposes at any time during normal
business hours and as often as the City may require. CONTRACTOR will permit same to be
examined and excerpts or transcriptions made or duplicated from such records and audits made
of all contracts, invoices materials, records of personnel and of employment and other data
relating to all matters covered by this Agreement.
17.3 The City's right of inspection and audit shall obtain likewise with reference to
any audits made by any other agency whether local state or federal. CONTRACTOR shall
retain all records and supporting documentation applicable to this Agreement for six (6) years
after receipt of final payment from the City for inspection. If any litigation claim negotiation
audit monitoring inspection or other action has been started before the expiration of the required
record retention period records must be retained until completion of the action and resolution of
all issues which arise from it or the end of the required period whichever is later. The retention
period starts from the date of the execution of this Agreement.
SECTION 18. EVALUATION.
18.1 CONTRACTOR agrees that the City shall be responsible for monitoring and
evaluating all aspects of the services provided under this Agreement. The City shall have access
6
to and be able to make copies and transcriptions of such records as may be necessary in the
determination of the City to accomplish this obligation subject to state and federal
confidentiality requirements. In order to properly monitor and evaluate CONTRACTOR'S
performance under this Agreement the City shall make onsite inspections as often as it deems
necessary. Further, CONTRACTOR shall submit an activity report with each reimbursement
request which details the progress made to date toward the completion of the activities
authorized under Exhibit "B".
SECTION 19. NEGATION OF AGENT OR EMPLOYEE STATUS.
19.1 CONTRACTOR shall perform this Agreement as an independent agent and
nothing contained herein shall in any way be construed to constitute CONTRACTOR or any
assistant, representative, agent, employee, independent contractor, partner, affiliate, holding
company, subsidiary or subagent of CONTRACTOR to be a representative, agent, subagent or
employee of the City. CONTRACTOR certifies its understanding that the City is not required
to withhold any federal income tax, social security tax, state and local tax to secure worker's
compensation insurance or employer's liability insurance of any kind or to take any other action
with respect to this insurance or taxes of CONTRACTOR. In no event shall any provision of
this Agreement make the City or any political subdivision of the State of Florida liable to any
person or entity that contracts with or provides goods or services to CONTRACTOR in
connection with the services CONTRACTOR has agreed to perform hereunder or otherwise or
for any debts or claims of any nature accruing to any person or entity against CONTRACTOR.
There is no contractual relationship either express or implied between the City or any political
subdivision of the State of Florida and any person or entity supplying any work, labor, services,
goods or materials to CONTRACTOR as a result of the provisions of the services provided by
CONTRACTOR hereunder or otherwise.
SECTION 20. OWNERSHIP OF DOCUMENTS.
20.1 CONTRACTOR understands and agrees that any and all documents or material
provided by City to CONTRACTOR or obtained or prepared by CONTRACTOR pursuant to
or under the terms of the Agreement, are the property of City. CONTRACTOR agrees that it
will not use any such documents or materials without obtaining the prior written consent of
City, which consent is given in City's sole discretion.
SECTION 21. COMPENSATION.
In consideration of the performance by the consultant for the services under this
agreement, the City agrees to pay:
A fee of $125.00 an hour and will be paid on a bi-weekly basis by the 15th and 30th of each
month. Prior to any payment being made the Consultant must submit an invoice to the City no
later than the 10th and 25th of each month.
Upon execution of this agreement all terms and conditions will be in full effect. The City will
provide all pertinent information for the representation, delivery and performance of service.
ASNF Financial, LLC. DATE
EDDIE BROWN, CITY MANAGER DATE
8
H E 0 000 0 0 0 0 0 0
n0 OHO O H O O O 0
O O 0'J 0 0>0 O 0 0
Z U) U) in U) U) U) 0 0
N N N N N N 0 0
W N N N N N N M M
W I I
CO
H
M
a z
z
W E �G H
a U 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0
U] U
W
a 4
cn 0
W
I
Z
0
U] U] U] U) U] U] H
O U U U U U U a
W
a
a a a aa a 0 a
CO
H W W W W W W
U] U] U] U) U] U] U]
U
Cn 1-1 W 4,-1 F�,-, N 4 N 4,-1 4 H
Q g4O UFCUFCU4UUi FA X Nz ZHZHZHUHU
Uo
O H N H N H N H N H N H M
U WOW 0 W O W o W O W 0
U]
a
0
0 H
U H
ox
a
E
az
fa,C.1
0 z N N N N N H
W g O M M M M N M
O a H m m m m m m
U) H H H H H H
}W H X M M I S I M M M
PO 0M I I I I I I
H eq H a' m m m m m m
O U) 0 E H H H H H H
W co 0 °U. H co H H H H H H
`..� MU)M M Tr LO•,:t,U)N )co
OW HHHHHH HH,PN W O
W E Vo'',.VD�M���Vo�).0
U) aNO)NaN4)Na)N O)M
U 0 000)00)0
ma
m----- z a z z a z z a z a
Oa
N Ix m
)o 0
N H
m W a) a) CO CO W M ..
H W U] m m m m m W co
`II IU-I x o 0Q0r.�000 o '�
O 00 H O H O H O H O H O N O W
O U] 000000000000 0
I O W O W O W 0 W O W O W
'S H a O H O H O H O H O H O H W
O X
m H
E
Ii CO
O H
0
W N
F
(U 0
N
d'
a O
4 0 0 0 0 0 0 0
H W
ZZ Z Z Z Z Z Z a
co r4 H m F 0 c=1 CA 0 0 0 0 0 0 Q
� . H x x x x x X E
N H U 4 4 4 4 4 4°Q O a
Z z a
0 0 0 H 0 a
H E
U] •• •• U M M M M M M i-7 a
W W W W io ko w Lo Lo Uo 4 4
a E X a N N N N N N E E
0 r'] H W m m m m m m 0 0
U)Q E co H H H H H H E E
2/09/2018 Invoice No. 0001
To
Ed Brown—City Manager
City of Opa Locka
780 Fisherman St
Opa Locka,FL 33054
Quantity Description Unit Price Total
1 25 Jan 22-Meeting at City Hall with City Manager, 125 $156.25
Finance director and Budget director
1 Jan 23-Review Financial recovery plan, 125 $125
prepared notes
.25 Jan 23-Call with finance director 125 $31.25
4 75 Feb 5— At city hall met with finance director to 125 $593.75
discuss next steps
Feb 7-Met with Ernesto,Gio,Bryan at city hall.
5.25 Discussed 2018 budget,pulled bank 125 $656.25
statements,analyzed Cash position,discussed
designing a cash management policy
Feb 8-Developed 9 revenue opportunities to
1 5 focus financial recovery plan 5-10%($1.8MM- 125 $187.50
$3.6MM)positive impact to budget,exchanged
texts with Bryan H.requesting info
4 At City hall,retrieving bank statements,utility 125 $500
bills.
18 Total Due $2250
Due upon receipt
Thank you for your business!
ASNF Financial AfttafelL.iy C316611
Tel(646)301-9159 PO Box 1457 u1'-f AtuitjeR-
Fort Lauderdale, FL 33302
to and be able to make copies and transcriptions of such records as may be necessary in the
determination of the City to accomplish this obligation subject to state and federal
confidentiality requirements. In order to properly monitor and evaluate CONTRACTOR'S
performance under this Agreement the City shall make onsite inspections as often as it deems
necessary. Further, CONTRACTOR shall submit an activity report with each reimbursement
request which details the progress made to date toward the completion of the activities
authorized under Exhibit"B".
SECTION 19. NEGATION OF AGENT OR EMPLOYEE STATUS.
19.1 CONTRACTOR shall perform this Agreement as an independent agent and
nothing contained herein shall in any way be construed to constitute CONTRACTOR or any
assistant, representative, agent, employee, independent contractor, partner, affiliate, holding
company, subsidiary or subagent of CONTRACTOR to be a representative,agent,subagent or
employee of the City. CONTRACTOR certifies its understanding that the City is not required
to withhold any federal income tax, social security tax, state and local tax to secure worker's
compensation insurance or employer's liability insurance of any kind or to take any other action
with respect to this insurance or taxes of CONTRACTOR. In no event shall any provision of
this Agreement make the City or any political subdivision of the State of Florida liable to any
person or entity that contracts with or provides goods or services to CONTRACTOR in
connection with the services CONTRACTOR has agreed to perform hereunder or otherwise or
for any debts or claims of any nature accruing to any person or entity against CONTRACTOR.
There is no contractual relationship either express or implied between the City or any political
subdivision of the State of Florida and any person or entity supplying any work,labor, services,
goods or materials to CONTRACTOR as a result of the provisions of the services provided by
CONTRACTOR hereunder or otherwise.
SECTION 20. OWNERSHIP OF DOCUMENTS.
20.1 CONTRACTOR understands and agrees that any and all documents or material
provided by City to CONTRACTOR or obtained or prepared by CONTRACTOR pursuant to
or under the terms of the Agreement, are the property of City. CONTRACTOR agrees that it
will not use any such documents or materials without obtaining the prior written consent of
City,which consent is given in City's sole discretion.
SECTION 21. COMPENSATION.
In consideration of the performance by the consultant for the services under this
agreement,the City agrees to pay:
A fee of $125.00 an hour and will be paid on a bi-weekly basis by the 15th and 30th of each
month. Prior to any payment being made the Consultant must submit an invoice to the City no
later than the 10th and 25th of each month.
Upon execution of this agreement all terms and conditions will be in full effect. The City will
provide all pertinent information for the representation,delivery and performance of service.
4/7,
2/23/2018 Invoice No. 0002
To
City of Opa Locka
780 Fisherman St
Opa Locka, FL 33054
Quantity Description Unit Price Total
Feb 12-At city hall,retrieved rent roll,
5 inspected vacant spaces,discussed FEMA with 125 $625
ACM,reviewed 2018 budget;retrieved NP
data. Started Sources and Uses Presentation
1.75 Feb 13-Sources and Uses Analysis 125 $218.75
presentation
2 Feb 14-Sources and Uses Analysis 125 $250
presentation
1.5 Feb 15— Meeting with Ed Brown City Manager, 125 $187.50
presented sources and uses presentation
Feb 21 -Call with David Ritchey,Met with ACM
3 Green dicuss CDBG and HOME grant,plus add 125 $375
operations to 5 yr plan. Drafting 5 yrplan
Feb 22-Met with David R.Discuss the W&S
6.75 Revenue,met with Brian and Rich to discuss 125 $843.75
.`.%4\ and review SRF&Dade county debt&Cash flow.
Met with darvin to discuss recovery plan
Feb 23-Completed municipal investment and
„ti 2 creation of other revenue streams analysis for 5 125 $250
yr plan
18 Total Due $2750
Due upon rcceipi
Thank you for your business!
ASNF Financial
Tel (646)301-9159 PO Box 1457
�=uri Lauderdaie, FL 33302
o • I
to and be able to make copies and transcriptions of such records as may be necessary in the
determination of the City to accomplish this obligation subject to state and federal
confidentiality requirements. In order to properly monitor and evaluate CONTRACTOR'S
performance under this Agreement the City shall make onsite inspections as often as it deems
necessary. Further, CONTRACTOR shall submit an activity report with each reimbursement
request which details the progress made to date toward the completion of the activities
authorized under Exhibit"B".
SECTION 19. NEGATION OF AGENT OR EMPLOYEE STATUS.
19.1 CONTRACTOR shall perform this Agreement as an independent agent and
nothing contained heroin shall in any way be construed to constitute CONTRACTOR or any
assistant, representative, agent, employee, independent contractor, partner, a filiatt,, holding
company, subsidiary or subagent of CONTRACTOR to be a representative, agent,subagent or
employee of the City. CONTRACTOR certifies its understanding that the City is not required
to withhold any federal income tax, social security tax, state and local tax to secure worker's
compensation insurance or employer's liability insurance of any kind or to take any other action
with respect to this insurance or taxes of CONTRACTOR. In no event shall any provision of
this Agreement make the City or any political subdivision of the State of Florida liable to any
person or entity that contracts with or provides goods or services to CONTRACTOR in
connection with the services CONTRACTOR has agreed to perform hereunder or otherwise or
for any debts or claims of any nature accruing to any person or entity against CONTRACTOR
There is no contractual relationship either express or implied between the City or any political
subdivision of the State of Florida and any person or entity supplying any work,labor,services,
goods or materials to CONTRACTOR as a result of the provisions of the services provided by
CONTRACTOR hereunder or otherwise.
SECTION 20. OWNERSHIP OF DOCUMENTS.
20.1 CONTRACTOR understands and agrees that any and all documents or material
provided by City to CONTRACTOR or obtained or prepared by CONTRACTOR pursuant to
or under the terms of the Agreement, are the property of City. CONTRACTOR agrees that it
will not use any such documents or materials without obtaining the prior written consent of
City,which consent is given in City's sole discretion
SECTION 21. COMPENSATION.
In consideration of the performance by the consultant for the services under this
agreement,the City agrees to pay:
A fee of $125.00 an hour and will be paid on a bi-weekly basis by the 15th and 30th of each
month. Prior to any payment being made the Consultant must submit an invoice to the City no
later than the 10th and 25th of each month.
Upon execution of this agreement all terms and conditions will be in full effect. The City will
provide all pertinent information for the representation,delivery and performance of service.
4./7
State and Local Agreement of Cooperation
Between the Governor and the City of Opa-locka
THIS STATE AND LOCAL AGREEMEPA7p OF COOPERATION
(the"Agreement"),made and entered into this & ' day of June,2016,between the
Governor of the State of Florida("Governor")and the City of Opa-locka,Miami-Dade
County,Florida("City"),is in accordance with Executive Order Number 2016-135.
WHEREAS,on June 1,2016,the City adopted a Resolution requesting the
Governor to make a determination that the City is in a state of financial emergency,
pursuant to Chapter 218,Florida Statutes;and
WHEREAS,the Governor is authorized under section 218.503,Florida Statutes,
to implement measures to resolve the financial emergency;and
WHEREAS,the City desires this intervention and assistance,and intends to
cooperate with the Governor to resolve the financial emergency;and
WHEREAS,the Governor has designated the Office of the Chief Inspector
General("Governor's Designee")to serve as the lead entity responsible for coordinating
the Governor's efforts in providing intervention and assistance to the City.
NOW,THEREFORE,the Governor and the City agree as follows:
1. FIVE-YEAR FINANCIAL RECOVERY PLAN.
a. On or before August 1,2016,the City shall approve,by a vote of the
Mayor and City Commission,and submit in writing to the Governor a
Financial Recovery Plan("FRP")for fiscal years 2016-2017 through 2020-
2021. The FRP shall show balanced recurring revenues and recurring
expenditures,as well as estimated reserves,for each of the five years
projected. The FRP shall meet the requirements of section 218.503(3)(h),
Florida Statutes,including,but not limited to,providing for payment in
full of all financial obligations currently due,or which will come due. The
underlying assumptions for all revenue and expenditure estimates
contained in the FRP shall be documented and included within the FRP.
b. Within twenty(20)business days of receiving the FRP,the Governor shall
review the FRP,and after consultation with the City,may direct changes
to the FRP in writing. The City shall make such directed changes to the
FRP within thirty (30)business days of being notified in writing by the
Governor.
c. The City may amend the FRP with the prior written approval of the
Governor. The FRP may also be amended if the Governor deternnines
such changes are required,or if this Agreement requires an amendment.
d. At the beginning of each new fiscal year,an additional fifth year shall be
added to the FRP,and shall provide all types of information and data
presented for the preceding years. Each revised FRP shall be approved by
a vote of the Mayor and City Commission and submitted to the Governor
for approval. Within twenty(20)business days of receiving the revised
FRP,and after consultation with the City,the Governor may direct
changes to the revised FRP in writing. The City shall make such directed
changes to the revised FRP within thirty(30)business days of being
notified in writing by the Governor.
e. The City shall adopt the FRP in its entirety,and shall adopt such
ordinances as are necessary to implement the FRP.
2. APPROVAL OF CITY BUDGET.
a. On or before August 1st of each year,the City shall submit to the
Governor the proposed Annual Budget of the City,as preliminarily
approved by the Mayor and City Commission. The underlying
assumptions for all revenue and expenditure estimates contained in the
proposed Annual Budget shall be documented and included with the
budget submission. Within twenty(20)business days of receipt,the
Governor shall review the proposed Annual Budget and,after
consultation with the City,notify the City in writing if changes are
necessary. The City shall include the changes directed by the Governor,
and shall approve the final Annual Budget within thirty(30)business
days of being notified in writing by the Governor.
b. The City may request amendments to the final Annual Budget by
submitting such requests in writing to the Governor. Within twenty(20)
business days of receiving the requested amendments,the Governor shall
respond in writing to the City,either rejecting the requested amendments,
approving the requested amendments,or approving the requested
amendments with changes. The City shall accept the response of the
Governor.
3. COMPONENTS OF FINANCIAL RECOVERY PLAN AND ANNUAL
BUDGET. The FRP and Annual Budget documents shall contain the level of
detail necessary for the Governor to analyze the underlying assumptions
contained in all estimates of expected revenues and expected expenditures.
The FRP and Annual Budget documents shall be prepared using the
following guidelines:
a. Reasonable estimates of revenues and expenditures shall be made based
on historical trends,conditions,and anticipated events;
2
b. A timetable for the elimination of all outstanding deficits in all funds shall
be included;
c. Current expenditures and current revenues shall be balanced for each
fiscal year;
d. Provisions shall be made to avoid the future occurrence of financial
emergency conditions,including the establishment of adequate cash
reserves and fund reserves to cover unfunded liabilities;
e. The FRP shall enhance the City's ability to regain short-and long-term
borrowing capabilities;
f. Managerial and operational efficiencies and accountability shall be
improved;
g. City programs and services that the City cannot afford to operate shall be
modified and/or eliminated;
h. Enterprise funds of the City shall be operated according to commonly
accepted business practices,and operating revenues shall be sufficient to
cover all costs of the operation,including depreciation;
i. Efforts to collect debts and revenues owed to the City shall be improved;
j. City employee compensation and benefits,union contracts,and
negotiating practices employed by the City shall be reviewed and
modified,as appropriate;
k. The organizational structure of the City shall be reviewed and modified to
improve efficiencies;
L A Capital Improvement Plan for the City shall be developed and updated
annually;and
m. The City shall cooperate with an operational review of its police
department and emergency services,and shall implement changes
necessary to improve public safety.
4. INCURRING DEBT. The City may continue to borrow funds under the
revolving loan program managed by the Florida Department of Environmental
Protection,subject to the approval of that agency. The City shall not enter into
any new form of debt or liability,which exceeds twelve(12)months for
repayment,without the prior written approval of the Governor.
5. REPORTING TO THE GOVERNOR. Beginning August 1,2016,and every
month thereafter,the City shall provide the Governor with a Monthly Revenue
and Expenditure Report that compares actual revenues and expenditures in each
fund with the projected revenues and expenditures contained in the Annual
Budget.
6. FINANCIAL INTEGRITY ORDINANCE. Within six(6)months after execution
of the Agreement,the City shall adopt a Financial Integrity Ordinance,which
shall set forth the necessary procedures to be followed by the City in carrying out
3
its financial affairs. Prior to the adoption of the Financial Integrity Ordinance,
the City shall submit a copy of the proposed ordinance to the Governor. Within
twenty(20)business days after receipt,the Governor shall review the proposed
ordinance and,after consultation with the City,the Governor may direct changes
to the proposed ordinance in writing. The City shall include the changes
directed by the Governor,and shall approve the final Financial Integrity
Ordinance within thirty(30)business days of being notified in writing by the
Governor.
7. FINANCIAL AND CONTRACTUAL OBLIGATIONS. The City shall not enter
into any financial or contractual obligations that are not specifically authorized
by the Annual Budget or this Agreement,or which are inconsistent with the FRP.
8. FAILURE TO COMPLY. The City shall notify the Governor immediately,in
writing,if the City,the Mayor,or any member of the City Commission
determines that the City has violated or anticipates a violation of any of the
terms or conditions of the Agreement,including,but not limited to:
a. The failure of the City to submit any plan or document required by the
Agreement;
b. An affirmative act or failure to act by the City that jeopardizes the City's
financial recovery;or
c. Any deviation by the City from any plan or document hereunder
approved by the Governor.
The notification of a violation or anticipated violation shall contain sufficient
detail for a determination of what actions are necessary to remedy the reported
violation. The failure to comply with the terms and conditions of the Agreement
shall constitute a failure to resolve the state of financial emergency facing the
City,which constitutes malfeasance,misfeasance,and neglect of duty for
purposes of section 7,Article IV of the Florida Constitution,as provided by
section 218.503(6),Florida Statutes.
9. INDEPENDENT REVIEW BY THE GOVERNOR. The City agrees that the
Governor may assign staff to conduct or cause to be conducted such audits,
examinations,or studies of the City as the Governor deems necessary to resolve
the financial emergency.
10. GOVERNOR'S DESIGNEE. The Governor designates the Office of the Chief
Inspector General to serve as the Governor's Designee and delegates to the
Governor's Designee the authority to implement the terms and conditions of this
Agreement as set forth herein.
4
11. DURATION OF THIS AGREEMENT. The Agreement shall remain in effect
until such time as the Governor condudes that the state of financial emergency
no longer exists,pursuant to section 218.504,Florida Statutes.
12. AMENDMENTS OR MODIFICATIONS. Any request to amend or modify the
Agreement shall be submitted in writing to the Governor,and any amendment
or modification shall be made only with the written approval of the Governor,
which approval shall not be unreasonably withheld.
13. NOTICES AND COMMUNICATIONS. Any notice or other form of
communication related to this Agreement shall be served in writing by facsimile
transmission,electronic mail,personal delivery,or overnight courier,as follows:
To the City: Ms.Yvette Harrell
Acting City Manager
City of Opa-locka
780 Fisherman Street,Fourth Floor
Opa-locka,Florida 33054
Telephone: (305)953-2868
Facsimile: (888)355-0982
yharrell@Opalockafl.gov
To the Governor: Ms.Melinda Miguel
Chief Inspector General
Office of Governor Rick Scott
The Capitol,Room 1902
Tallahassee,Florida 32399-0001
Telephone: (850)717-9264
Facsimile: (850)921-0817
Melinda.Miguel@eog.myflorida.com
14. BINDING EFFECT. The Agreement shall be binding upon and enforceable
against any successors of the City government,including,but not limited to,
successive City Managers,Mayors,and City Commissioners.
15. ACKNOWLEDGMENT. By signing the Agreement,each party hereto affirms
that he/she possesses the authority to enter the Agreement on behalf of the City
and the Governor's Office;has fully and carefully read the terms and conditions
of the Agreement;knows and understands the contents of the Agreement;and
fully expects to carry out the Agreement in its entirety as set forth herein.
Further,the Mayor and City Manager each affirm,by the signatures affixed
hereto,that the Agreement has been approved by Resolution of the City.
5
IN WITNESS WHEREOF,the parties hereto execute the Agreement.
C --ZJ1// e
//
Rick Scott, over(nor Myra T or,Mayor
State of Florida City of Opa-locka,Florida
/_L/. .r
fvette 4/11,Acting City Manager
City of •pa-locka,Florida
6