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HomeMy WebLinkAboutVII(C) Amendment to Agreement with DRMP for City Manager Services Agenda 7/20/04 Item VII C FOLEY FOLEY& LARDNER LLP ATTORNEYS AT LAW MEMORANDUM CLIENT-MATTER NUMBER 020377-0107 TO: The Honorable Mayor and City Commissioners of the City of Ocoee FROM: Paul E. Rosenthal, Esq., City Attorney DATE: July 14, 2004 RE: Amendment to Letter Agreement with DRMP for Services of Gene Williford In connection with the City Manager services provided by Gene Williford the City entered into a Letter Agreement dated March 18, 2004 with DRMP. Mr. Williford ceased to be Acting City Manager on July 12, 2004 which was the effective date of Mr. Frank's appointment. However, the Letter Agreement does not have a specific termination date. Pursuant to my discussions with Mr. Williford, it is my understanding that he will continue to be available on a full time basis (20-30 hours per week) from July 19 through July 30, 2004 to transition various matters to Mr. Frank and participate in meetings as requested by Mr. Frank. These additional services would continue at the rate set forth in the Letter Agreement. No payment would be due to DRMP for the week of July 12 during which Mr. Williford has been on vacation. Subsequent to July 30, 2004 and terminating at the end of the current fiscal year, Mr. Williford would continue to be available on an "as needed" basis as requested by Mr. Frank, in his discretion. Any such services would be invoiced on an hourly basis at the rate of$150.00 per hour. After consulting with the Finance Director, we have been advised that funding would be from the City Manager salary line item for the current fiscal year. Appropriate transfers to this line item will be separately addressed. Attached hereto is a proposed letter to DRMP which sets forth the modifications discussed above. If these arrangements as proposed by Mr. Williford are acceptable to the City, then the Letter should be approved with authorization for the Mayor to execute. PER/jlh cc: Robert Frank, City Manager Wanda Horton, Finance Director 006.342204.2 FOLEY&LARDNER LLP Center of Good Ll Mayor ��e vg Commissioners S. Scott Vandergrift � '"'Z"' Danny Howell,District 1 µ Scott Anderson,District 2 Cit Manager . Rusty Johnson,District 3 —+•-a��1 J. Parker,District 4 Robert Frank = Nanc y DRMP, Inc. Attn: V. Eugene Williford, III 1505 East Colonial Drive Orlando, Florida 32803 Re: Letter Agreement dated March 18, 2004 between City of Ocoee and Dyer Riddle Mills and Precourt, Inc.for City Manager Services ("Letter Agreement") Dear Mr. Williford: Please be advised that the City has hired a new City Manager, effective July 12, 2004. Accordingly, notice is hereby given that your services as Acting City Manager terminated on July 12, 2004. However, the City would like to continue your services pursuant to the Letter Agreement in order to facilitate the transition from you to the new City Manager. Since you have been on vacation the week of July 12, 2004, the City proposes to continue your services in an advisory capacity from July 19 through July 30, 2004 in accordance with the compensation and hours set forth in the Letter Agreement. No compensation would be provided for the week of July 12, 2004. From August 1, 2004 and terminating on September 30, 2004, the City may have a need to continue your advisory services on an hourly basis at the rate of $150.00 per hour. City Manager Robert Frank will have the authority, in his discretion, to determine what services, if any, are needed on an hourly basis. Invoices for such services should be provided to the City Finance Director on a monthly basis and should set forth the hours charged and a general description of the services provided. If this is acceptable, please sign below where indicated and return a signed original to the attention of the City Clerk with a copy to the City Manager and Finance Director. Sincerely, CITY OF OCOEE By: S. Scott Vandergrift, Mayor Dated: July , 2004 City of Ocoee• 150 N Lakeshore Drive•Ocoee,Florida 34761 phone: (407)905-3100•fax:(407)656-8504•www.ci.ocoee.fl.us DRMP, Inc. FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY THE CITY OF OCOEE, FLORIDA; COMMISSION AT A MEETING APPROVED AS TO FORM AND HELD ON JULY 20, 2004 LEGALITY this day of UNDER AGENDA ITEM NO. July, 2004 FOLEY& LARDNER LLP By: City Attorney APPROVED AND ACCEPTED: Dyer Riddle Mills & Precourt, Inc. By: V. Eugene Williford, III By: Stephen L. Precourt, P.E. Principal Dated: July , 2004 006.342212.1