HomeMy Public PortalAbout18-9522 Authorizing the Brown Law Group to Represent the City in John Riley vs the City of Opa-locka Sponsored by: City Attorney
RESOLUTION NO. 18-9522
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE
BROWN LAW GROUP, LLC, TO REPRESENT THE CITY
OF OPA-LOCKA IN JOHN B. RILEY VS CITY OF OPA-
LOCKA, FLORIDA ET. AL., CASE NUMBER 2018-017806
CA-01; PROVIDING FOR INCORPORATION OF
RECITALS; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on June 19, 2018, the Plaintiff served the City of Opa-locka ("City")
with a Complaint; and
WHEREAS, the City Commission finds that it is in the best interest of the City to
authorize The Brown Law Group, LLC to provide representation to the City in John B. Riley
vs City of Opa-locka, Florida et. al., Case Number 2018-017806 CA-01.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND 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
Pursuant to the agreement the City has with The Brown Law Group, LLC, the City
Commission authorizes The Brown Law Group, LLC to represent the City in John B.
Riley vs City of Opa-locka, Florida et. al., Case Number 2018-017806 CA-01.
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 hearing, by filing a
corrected copy of same with the City Clerk.
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 25th day of July, 2018.
Resolution No. 18-9522
.�
ra L. Taylor
Mayor
Attest to: Approved as to form and legal sufficiency:
Lf•a. La)
Joaii a Flores THE BROWN LAW GROUP, LLC
Cite Clerk City Attorney
Moved by: VICE MAYOR KELLEY
Seconded by: COMMISSIONER RILEY
Commissioner Vote: 5-0
Commissioner Holmes: YES
Commissioner Riley: YES
Commissioner Pigatt: YES
Vice Mayor Kelley: YES
Mayor Taylor: YES
Filing # 72990771 E-Filed 06/02/2018 08:33:02 AM
IN THE CIRCUIT COURT OF THE 11Th JUDICIAL CIRCUIT OF FLORIDA
IN AND FOR MIAMI-DADE COUNTY
CIRCUIT CIVIL DIVISION
CASE NO 2018-017806-CA-01 (30)
JOHN B. RILEY,
Plaintiff,
v.
RICK SCOTT, as Governor
of the State of Florida,
ERIC W.MILLER, as
Chief Inspector General,
ANDREW R. COLLINS,as
Financial Emergency Board
Chair,
ANGELA KNECHT,
KIM MILLS,
VERNITA NELSON, n `, itr
J.D. PATTERSON, JR., ' �(�
FRANK ROLLASON, ,a
MARIE C. WALKER,and ��
CHRISTIAN WEISS, as Board v
Members, and the
CITY OF OPA-LOCKA,
FLORIDA,
Defendants.
SUMMONS
THE STATE OF FLORIDA:
To Each Sheriff of the State:
YOU ARE COMMANDED to serve this summons and a copy of the complaint in
this action on the CITY OF OPA-LOCKA, by serving:
Myra Taylor,Mayor
Opa-locka City Hall
780 Fisherman Street, 4`h Floor
Opa-locka,FL 33054
Each defendant is required to serve written defenses to the complaint on Mr. John
B. Riley, in propria persona, 2963 N.W. 135th Street, Opa-locka, FL 33054, within 20
(twenty) days after service of this summons on that defendant, exclusive of the day of
service, and to file the original of the defenses with the clerk of this court either before
service on the attorney or immediately thereafter. If a defendant fails to do so, a default
will be entered against that defendant for the relief demanded in the complaint or petition.
8/12/2018
DATED:
HARVEY RUVIN
As Clerk of the Court
By: catAgtet 1/L ''P '
qkt
As Deputy Clerk
\*coine4
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Filing # 72717425 E-Filed 05/26/2018 02:41:27 PM
IN THE CIRCUIT COURT OF THE l l JUI)ECIAI..CIRCUIT OF FLORIDA
IN AND FOR MIAMI-DADE COUNTY
CIRCUIT CIVIL DIVISION
CASE NO.
JOHN B.RILEY,
Plaint;
v.
RICK scorr,as Governor S
of the State of Florida,
ERIC W, MILLER,as
Chief Inspector General,
ANDREW R. COLLINS,as
Financial Emergency Board
Chair,
ANGELA KNECHT,
KIM MILLS,
VERNITA NELSON,
J.D.PATTERSON,JR.,
FRANK ROLLASON,
MARIE C.WALKER,and
CHRISTIAN WEISS,as Board I
Members, and the
CITY OF OPA-LOCKA,
FLORIDA,
Defendants.
VERIFIED COMPLAINT
Plaintiff John B. Riley, in propria persona, sues Defendants RICK SCOTT, as
Governor of the State of Florida, ERIC W. MILLER, as Chief Inspector General,
ANDREW R. COLLINS, as Financial Emergency Board Chair, ANGELA KNECHT,
KIM MILLS, VERNITA NELSON J.D. PATTERSON, JR., FRANK ROLLASON,
MARIE C. WALKER, and CHRISTIAN 'W1ISS, as Financial Emergency Board
Members, and alleges:
Jurisdiction and Venue
I. This is an action for declaratory judgment and injunctive relief within the
equity jurisdiction of this Court.
2. All acts and agreements hereinafter alleged occurred in Miami-Dade
County,Florida.
Parties
3. Rick Scott is the Governor of the State of Florida.
4. Eric W. Miller is the Chief Inspector General of the State of Florida.
5. Andrew R. Collins is the Chairperson of the Opa-locka Financial
Emergency Board.
6. Angela Kneckt, Kim Mills, Vernita Nelson, J.13. Patterson, Jr., Frank
Rollason, Marie C. Walker, and Christian Weiss comprise the remaining membership' of
the Opa-locka Financial Emergency Board.
7. The City of Opa-locka is a chartered municipality located within Miami-
Dade County,Florida.
8. Plaintiff is a City Commissioner of the City of Opa-locks.
COUNT I. DECLARATORY JUDGMENT RE: EXPENSE REIMBURSEMENT
9. On June 8, 2016, the Governor and the City of Opa-locka entered into an
Ageement titled "State and Local Agreement of Cooperation" whereby the parties agreed
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to develop a five-year financial recovery plan and annual budgets, as authorized under
§218.503,Fla. Stat. (2016).See Exhibit A.attached.
10. As a City Commissioner of the City of Opa-locka, Plaintiff is allowed
pursuant to City Code an expense account as authorized by §112.061 of the Florida
Statutes:
Opa-locka Code Sec. 2-27. - Expense account for mayor and each city
commissioner. The mayor and each city commissioner, in addition to the
compensation pursuant to the Charter, and in addition to per diem and
travelling expenses paid pursuant to Florida Statutes,section 112.061,may
receive reimbursement of monies expended during each monthly period,
not to exceed the sum of two hundred dollars ($200.00) per month, for
monies paid for publications (subscriptions), dues, food and drink for
dignitaries and public officials, cleaning, gasoline, transportation,
communications and other similar and related expenses incurred in the
performance of the duties of mayor and commissioner,provided:
(a)A voucher, in a form prepared by the city manager, is executed by the
mayor or commissioner submitting said voucher setting forth the nature of
the expense and the purpose therefor.
(b) Receipts are attached, if available, or estimates of gasoline based on
mileage.
(Code 1955, §2-11;Ord.No. 01-4. § 2,3-28-01)
11. Under the Opa-locka Code, municipal employees generally are entitled to
per diem reimbursement as specified and authorized pursuant to section 112.061, Fla. Stat.,
for travel expenses. Section 2-31, Opa-locka Code.
12. Plaintiff has incurred such expenses in the performance of his official duties
and has submitted the required voucher and supporting receipts or estimates supporting his
request for reimbursement; however, Defendants, Financial Emergency Board members,
have refused reimbursement.
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13. Defendants' denial of reimbursement represents deprivation of Plaintiff's
property without due process of law.
14. Plaintiff is interested in his rights to reimbursement and an actual, present
and bona fide dispute exists as to his legal entitlement thereto.Plaintiff has a practical need
for a judicial declaration in order to resolve the issue. Plaintiff is therefore entitled to a
declaration of his rights to reimbursement for past and future expenditures advanced in
order to fulfill official duties and to injunctive relief to enforce his rights under Chapter 86
of the Florida Statutes.
WHEREFORE, Plaintiff requests this Court's declaratory judgment as to his rights
to past and future reimbursement of statutorily authorized expenditures and requests
injunctive relief to enforce his rights.
COUNT IL DECLARATORY JUDGMENT RE:VEHICLE USE
I S. As a City Commissioner of the City of Opa-locka, Plaintiff has been
afforded use of city vehicles and fuel in the performance of official duties, as have the
Mayor and other City Commissioners, in keeping with the City's custom and practice over
the past thirty years.
16. Commission members must of necessity, especially during weather crises,
use city vehicles to carry out official duties, oftentimes in conditions where personal
vehicles could not be used.
17. Via letter served May 17, 2018, the Chief Inspector General, as designee of
the Governor, instructed to the Opa•locka.City Manager to discontinue and disallow use of
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city vehicles by the Mayor and City Commissioners.Authority for the directive is the State
and Local Agreement of Cooperation Between the Governor and the City of Opa-locka
executed June 8,2016,attached hereto as Exhibit A.
18. Said Agreement states no such express agreement that the Mayor and City
Commissioners would be barred from use of city vehicles.
19. There is no statutory authority for said directive under section 21 8.503.FIa.
Stat., or under any other statute. The Florida Constitution states in Article VIII, Section
2(b), municipalities: "Municipalities shall have governmental, corporate and proprietary
powers to enable them to conduct municipal government, perform municipal functions and
render municipal services, and may exercise power fbr municipal purposes except as
otherwise provided by law." See The Municipal Home Rule Powers Act.. which is now
codified in section 166.021 of the Florida Statutes. Specifically, section 166.021(1)
provides in full: 166.021 Powers.----
(1) As provided in s. 2(b), Art. VIII of the State Constitution,
municipalities shall have the governmental, corporate, and proprietary
powers to enable them to conduct municipal government, perform
municipal functions, and render municipal services, and may exercise any
power for municipal purposes,except when expressly prohibited by taw.
(emphasis supplied).
The City of Opa--locka is a chartered municipality in Miami-Dade County whose Charter
establishes a commission-manager structure of government. The Opa-locka Commission
establishes public policy on major expenditures and the City Manager carries out that
policy under our direction. The City Manager answers to no one other than the City
Commission. The Governor has no constitutional power to directly dictate management of
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financial resources of the City. The City of Opa-locka has not ceded to the Governor its
constitutionally protected autonomy.
20. This measure appears unprecedented. :Depriving elected officials of use of
their city's vehicles has been not been imposed on those other cities under financial
emergency oversight,now or in the past.
21. Notwithstanding said directive's lack of authority, eliminating use of city
vehicles by the mayor and commissioners would have minimal impact on the City's
budget, if any impact at all. The cost of gasoline used by all five elected officials in
performing their official duties is de minimis.
22. Moreover, said measure would be counter-productive, The mayor and
commissioners must attend civil functions and meetings with other lawmakers in order to
effectively carry out their duties. All levels of government provide transportation to elected
officials. Historically, Opa-locka has done for the past thirty years. Elected officials are
sometimes required, of necessity, to use city vehicles for personal observation of streets
and infrastructure, particularly in weather emergencies. The potential harm far outweighs
any benefit.
23. Plaintiff is personally interested in, and affected by, the directive of the
Chief Inspector General. A bona fide,present and actual controversy exists as to the scope
of his authority under the statute and the Florida Constitution which is creating continuing
conflict for which there is an immediate need of resolution,thereby warranting this Court's
declaratory judgment as to Plaintiff's rights and injunctive relief to enforce those rights,
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WHEREFORE, Plaintiff requests this Court's declaratory judgment as to his right
to use city vehicles and fuel in the performance of official duties and requests injunctive
relief to enforce his rights.
COUNT III. DECI.A.RATURY JUDGMENT RE: SUSPENSION POWER
24. Plaintiff was duly elected to the office of City Commissioner of the City of
Opa-locka on November 8,2016.
25. Via his letter served May 17, 2018, the Chief Inspector General, as the
Governor's designee,threatened Plaintiff with suspension from office should he not agree
to not use city vehicles. The letter cites as authority Article IV, Section 7. of the Florida
Constitution.
26. Article IV, Section 7(c), provides the Governor may suspend "an elected
municipal officer indicted for crime." The Governor has no power to suspend an elected
municipal officer for any other reason. This constitutional provision prevails over section
218.503(6)of the Florida Statutes.
27. Plaintiff is personally interested in and affected by the directive of the Chief
Inspector Creneral, and a bona fide, present and actual controversy exists as to the scope of
their relative powers under the statute and the Florida Constitution, which is creating
continuing conflict and for which there is an immediate need of resolution, thereby
warranting this Court's declaratory judgment as to Plaintiff's rights and injunctive relief to
enforce those rights.
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WHEREFORE, Plaintiff requests this Court's declaratory judgment as to his
constitutional rights against suspension from office and requests injunctive relief to enforce
his rights.
Verification
Under penalties of perjury, .J declare that I have read the foregoing Verged
Complaint and the facts states therein are true.
3 tin B. Riley, in propriaprsona
1963 N.W. 135th Street,/
Opa-locka,FL 33054
tel. 305-877-5386
jbr1009@bell south.net
johnriley,6;c;icloud.corn
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State and Local Agreement of Cooperation
Between the Governor and the City of Opalocka
THIS STATE AND LOCAL AGR::+ 1+,4 OP COOPERATION
(the"A& mere),made and entered into this.; day of l»2016,between the
Governor of the State of Florida("Gave/noel and the City of Opa ocke,Miami Dade
County,Florida("`city'"},is in accordance with Executive Order Number 2016435.
WHEREAS,an 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
WHERE AS,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. FI'l+'E- AR FIt ANS1AL RECOVERY PLAN,
a. On or before August 1,2016,the City shalt approve,by a vote of the
Mayor and City Commission,and submit in writing to the Governor s
Financial Recovery Plan("FRP")for fiscal years 2016-2017 through 2020.
2021. The PRP shalt show balanced recurring revenues and recurring
expenditures,as well as estimated reserves,for each of the five years
projected. The PRP 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 ail 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 Cary shall make such directed changes to the
FRP within thirty(30)business days of being notified in writing by the
Governor.
Exhibit A
The City may amend the FRP with the prior written approval of the
Governor. The FRP may also be amended if the Governor determines
such changes are required,or if this Agreement requires an amendment
d. At the beginning of each new fiscal year,an additional fifth year*all 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(a))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 tfdrty(30)bus n ss days of being
notified in writing by the Governor.
or.
e. The City shall adopt the FRP in its entirety,and shall adopt such
ordinances as are necessary to implement the FRP.
2. APPAQVAL OP CITY BUMP.
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
consulettion with the City,notify the City in writing if changes are
necessary. The City shall include the changes directed by the Governor.
and shill 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 shalt
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. Mnj El3'S.OP$INANCI4L RECOVER UAL
ilarelt. 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;
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b. A timetable for the elinmimation 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 eff derncies 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 depredation;
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;
1. 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 shalt 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. 4EFORTING 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
and 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 affairs. Print 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 bays 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 4.m,CONTRACTUAL OULIGATIONS. 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 itwonsisbwrit with the FRP.
S. FAILURE/0 COMPLY. The City shall notify the Governor immediately,in
writing,if the City,the Mayor,or any member of the City Common
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 actor 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,mlrJeaearice,and neglect of duty for
purposes of section 7,Article IV of the Florida Constitution,as provided by
section 218. 6),Florida Statutes.
9. INDEPENDENT REVIEW 8Y THE GOVEA.NOR. 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 DES GNEE. 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 irnpiement the terms and conditions of this
Agreement as set forth herein.
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11. 110633.12M-Tha.6010292a. The Agreement dull remain in effect
until such time as the Governor=dudes that the state of financial emergency
no longer exists,pursuant to section 218504.Florida Statutes.
12. ALtENDMENT8 OR MODj flONS. 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 shill not be unreasonably withheld.
13. NQT10ES AND Cntuttt4U$lt_AT1QN Any notice or other form of
. cation 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•ocka
780 Fisherman Street;Fourth Floor
Opa-1ocka,Florida 33054
Telephone: (305)953-2868
Facsimile: (888)3554982
ybarrelittOpalockaft goo
To the Governor. Ms.Melinda Miguel
Chief Inspector General
Office of Governor Rick Scott
The Capitol,Room 1902
Tallahassee,Fonda 32399-000i
Telephone: (850)7174284
Facsludle (850)921-0817
Meiinda.Migueleeog.myflorida.cmm and enforceable
14. BINDING 61?fr>3C?. The Agreement
btrufing
not limited to,
against any anceess'oss of the City government &
successive City Managers,Mayors,and City Commissioners,
15. aaCNOWL POraNT. 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
d
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 atfirrn,by the signatures affixed
hereto,that the Agreement has been approved by Resolution of the City.
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IN WITNESS WHEREOF,the parties hereto execute the Agreement.
r 4a()_tev ._,. ,...----■■
Rick Stott, M ra T t Mayor
State Florida or City of Opa}orka,Florida
fiie . 0 .f j .,i
an
! ,'r II,Acting City Manager
r
f City of a •slocka,Florida
M
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