HomeMy WebLinkAboutItem 03 Approval of the First Amendment to the Contractual Agreement with Ocoee Youth Council (OYC) Coordinator DillardContact Name:
Contact Number:
Melanie Sibbitt
Ext.1026
Meeting Date: October 20 2020
Item #: 13
Reviewed By;
Department Director
City Manager:
Melanie Sibbitt 1
Robert
Subject: Approval of First Amendment to Contractual Agreement for the <Ocoee Fr'C6uncil (OYC)
Coordinator
Background Summary:
On November 5, 2019, the City Commission approved the Contractual Agreement between the City of
Ocoee and OYC Coordinator Dorcas Dillard. This agreement expired on September 30, 2020, and has
been amended to extend the agreement for a one (1) year term with automatic one (1) year renewals
until terminated by either party. Currently, Dorcas Dillard receives $800.00 per month as the coordinator
for the Ocoee Youth Council,
Issue:
Should the Honorable Mayor and City Commissioners approve the First Amendment to Contractual
Agreement for a one (1) year term with automatic one (1) year renewals until terminated by either party?
Recommendations:
Staff recommends that the Honorable Mayor and City Commissioners consider execution of the First
Amendment to Contractual Agreement with OYC Coordinator, Dorcas Dillard.
Attachments:
First Amendment to Contractual Agreement
Financial Impact:
The cost of the OYC Coordinator is adequately funded in the Youth Initiatives line item in the FY 20-21
budget.
Type of Item: (please mark with an 'V)
❑
Public Hearing
For Clerk's Dept Use;
❑
Ordinance First Reading
;1 Consent Agenda
❑
Ordinance Second Reading
❑ Public Hearing
❑
Resolution
❑ Regular Agenda
®
Commission Approval
❑
Discussion & Direction
❑ Original Document/Contract Attached for Execution by City Clerk
1
❑ Original Document/Contract Held by Department for Execution
Reviewed by City Attorney Dana Crosby -Collier, Assistant City Attorney
Reviewed by Finance Dept.
Reviewed by
FIRST AMENDMENT TO CONTRACTUAL AGREEMENT
THIS FIRST AMENDMENT TO CONTRACTUAL AGREEMENT (the "Amendment") is
entered into on the _ day of , 2020, by and between the CITY OF OCOEE, a Florida
municipal corporation, hereinafter called "Ocoee", and DORCAS DILLARD, hereinafter called
"Contractor".
RECITALS
A. Whereas, Ocoee and Contractor entered into a CONTRACTUAL AGREEMENT (the
"Agreement") for a one (1) year term, effective October 1, 2019, to engage Contractor to perform
the work described in the Agreement.
B. Whereas, Ocoee and Contractor desire to extend the Agreement for an additional one (1) year
term with automatic one (1) year renewals until terminated by either party, subject to the terms
and conditions set forth in the Agreement and this Amendment.
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. Term of Agreement and Renewal Provisions. Paragraph 4 is hereby stricken and
amended in its entirety to read as follows:
Subject to the terms of the Agreement and this Amendment, the Agreement shall be renewed for
an additional one (1) year period. The Agreement shall thereafter be renewed for successive one (1) year
renewal periods until terminated in accordance with the terms of this Amendment.
In the event either party wishes to terminate the Agreement, the party who intends to terminate
the Agreement must provide to the other party written notice of its intent to terminate not less than thirty
(30) days prior to the end of a renewal period. Nothing herein shall create an obligation on behalf of
either party to renew the contract beyond this initial term nor does it create an obligation on behalf of the
City to employ the Contractor except as provided in the Agreement.
2. Miscellaneous Provisions. A new paragraph 6 is added to the Agreement to read as
follows:
6. Public Records Compliance. The City of Ocoee (City) is a public agency subject to
Chapter 119, Florida Statutes. The Contractor agrees to comply with Florida's Public Records
Law. Specifically, the Contractor shall:
A. Keep and maintain public records required by the City to perform the service.
B. Upon request from the City's custodian of public records, provide the City with a copy
of the requested records or allow the records to be inspected or copied within a reasonable
time at a cost that does not exceed the cost provided in chapter It 9, Florida Statutes, or as
otherwise provided by law.
C. Ensure that public records that are exempt or confidential and exempt from the public
records disclosure requirements are not disclosed except as authorized by law for the
duration of the contract term and following completion of the contract if the Contractor
does not transfer the records to the City.
D. Upon completion of the contract, Contractor agrees to transfer at no cost to the City all
public records in possession of the Contractor or keep and maintain public records
required by the City to perform the service. If the Contractor transfers all public record to
the City upon completion of the contract, the Contractor shall destroy any duplicate
public records that are exempt or confidential and exempt from public records disclosure
requirements. If the Contractor keeps and maintains public records upon completion of
the contract, the Contractor shall meet all applicable requirements for retaining public
records. All records stored electronically must be provided to the City, upon request from
the City's custodian of public records, in a format that is compatible with the information
technology systems of the City.
E. A Contractor who fails to provide the public records to City within a reasonable time
may be subject to penalties under section 119.10, Florida Statutes.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATIONOF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S/ PROVIDE PUBLIC
RELATING , THIS CONTRACT,
OF PUBLIC RECORDS AT 407-905-3100, EXTENSION 1022,
CCDL*ci.ocoee.fl.us, WITH AN OFFICE LOCATED AT 150 NORTH
DRIVE,LAKESHORE
3. All of the terms, covenants, conditions, and provisions of the Agreement, unless
modified by this Amendment, are hereby reinstated and remains in full force and effect.
IN WITNESS WHEREOF the parties hereto have caused this Amendment to be executed on the
day and year first above written.
CONTRACTOR:
DORCAS DILLARD
Signature:
Date:
CITY OF OCOEE
IC
ATTEST:
Melanie Sibbitt, City Clerk
(SEAL)
Rusty Johnson, Mayor
APPROVED BY THE CITY OF OCOEE
COMMISSION IN A MEETING HELD ON
, 2020
UNDER AGENDA ITEM NO.
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND
LEGALITY this day of
2020.
SHUFFIELD, LOWMAN & WILSON, P.A.
City Attorney