HomeMy WebLinkAboutItem 06 Approval of the Third Amendment to Hearing Officer Services Agreement ocoee
florida
AGENDA ITEM COVER SHEET
Meeting Date: June 18, 2019
Item # rp
Reviewed By:
Contact Name: Dana Crosby-Collier, Department Director: Scott Cookson, City Attorney
Assistant City Attorney
Contact Number: 407-581-9800 City Manager: Rob Fran
Subject: Third Amendment to Hearing Officer Services Agreement
Background Summary:
On September 16, 2014, in response to an RFQ for hearing officer services for red light camera
violations, the City Commission approved a response by and entered into a contract with Shepard,
Smith & Cassady, P.A. (now Shepard, Smith, Kohlmyer & Hand, P.A.), attorney Andrew Hand, for
hearing officer services. On January 17, 2017, the City Commission approved Ordinance 2017-005
which established an office of Special Magistrate to hear code enforcement matters, and on February 7,
2017, the City Commission amended Mr. Hand's contract to allow him to serve as the City's Special
Magistrate for code enforcement matters. The original term of the contract was for a three-year term with
two automatic one-year extensions. The parties now wish to extend the current contract for an additional
three-year term with two automatic one-year extensions.
Issue:
Should the Honorable Mayor and City Commissioners approve an amendment to the City's Hearing
Officer Services Agreement with Shepard, Smith, Kohlmyer & Hand, P.A., to extend the current contract
for an additional three-year term with two automatics one-year extensions?
Recommendation:
Staff respectfully requests the Honorable Mayor and City Commissioners approve an amendment to the
City's Hearing Officer Services Agreement with Shepard, Smith, Kohlmyer & Hand, P.A., to extend the
current contract for an additional three-year term with two automatic one-year extensions.
Attachments:
Third Amendment to Hearing Officer Services Agreement.
Financial Impact:
None.
Type of Item: (please mark with an "x")
Public Hearing For Clerk's Dept Use:
Ordinance First Reading x Consent Agenda
Ordinance Second Reading Public Hearing
Resolution Regular Agenda
S Commission Approval
Discussion&Direction
Original Document/Contract Attached for Execution by City Clerk
x Original Document/Contract Held by Department for Execution
Reviewed by City Attorney Dana Crosti Collier �nI _ Ni
Reviewed by Finance Dept. `� � ,� /�&ett_/Yd fs Ni
Reviewed by 0
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THIRD AMENDMENT TO
HEARING OFFICER SERVICES
AGREEMENT
THIS THIRD AMENDMENT TO HEARING OFFICER SERVICES AGREEMENT
("Amendment") is entered into on the _ day of , 2019, by and between the CITY OF
OCOEE, a Florida municipal corporation, whose address is 150 N. Lakeshore Drive, Ocoee, Florida
34761 ("Ocoee"), and Shepard, Smith, Kohlmyer & Hand, P.A., a Florida corporation, whose address is
2300 Maitland Center Parkway Suite 100, Maitland, Florida 32751, attention Andrew Hand ("Hearing
Officer").
RECITALS
A. Whereas, Ocoee and Hearing Officer entered into a HEARING OFFICER SERVICES
AGREEMENT, dated October 7, 2014, AMENDMENT TO HEARING OFFICER SERVICES
AGREEMENT, dated February 7, 2017, and SECOND AMENDMENT TO HEARING
OFFICER SERVICES AGREEMENT, dated December 5, 2017 (collectively, the
"Agreements")for hearing officer and special magistrate services; and
B. Whereas, Ocoee and Hearing Officer desire to amend the Agreement to extend the term of the
Agreement.
AGREEMENT
NOW, THEREFORE, for and in consideration of the foregoing, the mutual promises, covenants,
and agreements contained herein, and other good and valuable consideration, the receipt and sufficiency
of which are hereby acknowledged,the parties hereto agree as follows:
1. Paragraph 5 of the Agreement is hereby amended to read as follows:
5. Term and Termination. This Amendment shall extend the term of the Agreements
for an additional three (3) year period ending September 30, 2022, provided that two (2) separate
automatic one (1) year renewable extensions shall operate to automatically further extend the term of the
Agreements for a maximum of five (5) total years, unless terminated earlier pursuant to the terms of this
paragraph. City may terminate this Agreement at any time by providing Hearing Officer written notice of
termination. Hearing Office may terminate this Agreement at any time by providing City with written
notice of its intent to terminate not less than thirty (30) days prior to the actual date of termination.
Unless otherwise directed by City, Hearing Officer shall, prior to the termination date, complete all of his
duties including, but not limited to, filing written orders, in any case heard by Hearing Officer.
2. All of the terms, covenants, conditions and provisions of the Agreement hereby remain
in full force and effect, except as modified by this Amendment.
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IN WITNESS WHEREOF the parties hereto have caused this Amendment to be executed by
their authorized representatives on the day and year first above written.
SHEPARD, SMITH,KOHLMYER CITY OF OCOEE,a Florida Municipal
&HAND,P.A. Corporation
By: Andrew Hand By:
Rusty Johnson, Mayor
Title:
Signature:
Date:
Attest:
Melanie Sibbitt, City Clerk
APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING HELD
ON , 2019, UNDER
AGENDA ITEM NO. .
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND
LEGALITY this_day of , 2019.
SHUFFIELD LOWMAN & WILSON,P.A.
By:
City Attorney
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