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Home My WebLink AboutItem #08 Approval for Addendum to "Letter of Agreement" with OHS AGENDA ITEM COVER SHEET Meeting Date: October 2, 2007 Item # B Contact Name: Contact Number: Charles K. Smith, P.E. 407 -905-3100 ext. 4000 Reviewed By: Department Director: Charles K. Smit City Manager: Robert Frank Subject: Addendum to "Letter of Agreement" with Ocoee High School Background Summary: Utilities would like to extend the POWR Park agreement between the City of Ocoee and Ocoee High School (specifically the Agriculture Department), initially executed March 6, 2007; which maintains that the City shall compensate Ocoee High School $4,005.00 ($445.00 per month throughout the 9-month school year) for "in-kind" services which include but are not limited to: the maintenance of the POWR Park, planning and planting new vegetation, assisting with and attending POWR educational programs and consulting with the City concerning expansion of the POWR Park. Issue: Should the Commission authorize the Mayor to approve the Addendum (extension) to the agreement with Ocoee High School? Recommendations Motion to authorize Mayor to approve the Addendum to "Letter of Agreement" with Ocoee High School. Attachments: Original Letter of Agreement, Addendum to Letter of Agreement Financial Impact: The Addendum does not have any monetary modifications from the original "Letter of Agreement". Type of Item: (please mark with an "x') Public Hearing _ Ordinance First Reading _ Ordinance Second Reading Resolution _ Commission Approval Discussion & Direction For Clerk's DeDt Use: _ Consent Agenda _ Public Hearing _ Regular Agenda _ Original Document/Contract Attached for Execution by City Clerk _ Original Document/Contract Held by Department for Execution Reviewed by City Attorney Reviewed by Finance Dept. Reviewed by ( ) ,:d.i9t.f N/A N/A N/A 1 Citv Manager Robert Frank Commissioners Gary Hood, District 1 Scott Anderson, District 2 Rusty Johnson, District 3 Joel F. Keller, District 4 Mavor S. Scott Vandergrift ADDENDUM TO "LETTER OF AGREEMENT" This Addendum to the Agreement by and between THE CITY OF OCOEE , hereinafter referred to as the "CITY" and OCOEE HIGH SCHOOL hereinafter referred to as the SCHOOL and whose addresses are contained in the original "Letter of Agreement" whose effective date is March 6, 2007, and do hereby mutually agree to extend the terms of said Agreement for the 2007/2008 school year, which begins the first school day and ending on the last day of the school year. This Addendum to the original Agreement does not have any monetary or term modifications and all parties shall adhere to each and every condition as so outlined in the original Agreement without exception. IN WITNESS THEREOF, both parties herby mutually agree to the original conditions and terms of the initial Agreement and hereby acknowledge the conditions of this addendum and execute same on this day of , 2007. Accepted by: Date: ,2007 Authorized signature of Ocoee High School's Representative or its Authorized agent. , 2007 Accepted by: Date: Authorized signature of The City of Ocoee's Representative or its Authorized agent. City of Ocoee . 150 N Lakeshore Drive. Ocoee, Florida 34761 phone: (407) 905-3100 . fax: (407) 656-8504. www.ci.ocoee.fl.lls ot.!.."'--_' City Manae'er Robert Fl'ank Commissioners Gary Hood, District 1 Scott Anderson. District 2 Rusty Johnson, District 3 Joel F. Keller, District 4 Mavor S. Scott Vandel'grift LEITER OF AGREEMENT City of Ocoee Water Conservation Agreement for POWR Park This agreement is made and entered into this day of . 2007) the effective date for the terms of this agreement and conditions are listed below and on the following pages by and between; The City of Ocoee, herein referred to as the CITY, located at 150 North Lakeshore Drive, Ocoee, Florida, and Ocoee IDgh School, herein referred to has SCHOOL, located at 1925 Ocoee Crown Point Parkway) Ocoee, Florida 1.0 Intent: The CITY desires to provide financial support to the SCHOOL's Agricultural Department and the SCHOOL desires to provide reasonable "in-kind" services by students and staff in assisting the CITY in its' endeavor to maintain the CITY's Protect Our W~ter Resources POWR Park (herein referred to as the POWR Park). "In-kind" services shall include but not be limited to the maintenance the of the POWR Park's current landscaping, planning and planting of new vegetation and landscaping in the current POWR Park, assisting by attending CITY POWR education programs (no more than one event per month) and provide consultation to the CITY concerning the CITY's plan(s) to expand the POWR Park. 2.0 Work Area: The work area is the existing POWR Park located at City Hall, 150 North Lakeshore Drive, Ocoee Florida. 3.0 Terms: The Initial Tenns of this Agreement shall become effective upon the execution of this agreement to the end of last day of school of the 2006/2007 SCHOOL's calendar year. The agreement may be annually renewed if both parties agree in writing by addendum to the original agreement. Renewal period(s) shall be based on the SCHOOL's calendar year where the period begins the first day of school and end the last day of school. 4.0 Comnensation: The CITY shall compensate the SCHOOL for the "In-kind" services in an amount of $4,000.00, or $445.00 per month for a nine (9) month period which is indicative of a school year, no payments shall be made during the summer break' from June through August. Payment shall be prorated and made monthly based on equal amounts determined by dividing the total amount by the number of first days of the week in the term. SCHOOL shall request the payment by written invoice and City shall make payment within 45 days. No more than 25% of the Compensation may be used to cover SCHOOL overhead cost to administer the "in-kind" seivice with the remaining amount going to the SCHOOL's Agricultural Department for enhancements of existing programs. Future annual renewals to this agreement shall provide an associated compensation amount. . . 5.0 Termination of the Aereement: Either the CITY or the SCHOOL) at either sole desecration, may elect to tennination this agreement. Termination shall be made in writing and shall be in effect the first day of the month. prior to a thirty (30) day written notification. \ . .. 6.0 Scone of "In-kind" Senices: C<In-kind~' services shall include but not be limited to the maintenance of the POWR Park~s current landscaping, planning and planting of new vegetation City of Ocoee . 150 N Lakeshore Drive · Ocoee. Florida 34761 phone: (407) 905-3100 · fax: (407) 656-8504 . www.ci.ocoee.fl.us and landscaping in the current POWR Park, assisting by attending CITY's POWR educational programs (no more than one event every three months) and provide consultation to the CITY concerning the CITY's planes) to expand the POWR Park. The following are typical tasks expected by the SCHOOL: a. Weed eat around all structures; b. Eradication of weeds and overgrowth in planned bedding areas; c. Replanting of City approved drought tolerant plants; d. Water and fertilize as needed; e. Keep all weeds and debris from pedestrian areas; f. Recycle vegetation and mulch as needed; g. Assist in the management and sustainability of the POWR Park landscape and provide alternative solutions to potential problems; h. Provide suggestions for expansion area. 7.0 Exoenses: All equipment, materials, new vegetation andlor fertilizer needed to maintain the POWR Park by the SCHOOL if approved by the CITY shall be provided by the CITY. Transportation to and from the POWR Park will not be compensated for or provided by the CITY. 8.0 Restrictions: At all times that the SCHOOL is providing "in-kindH services, the SCHOOL shan have an on site representative of responsible charge oversee SCHOOL's efforts and students. 9.0 Indemnification: The SCHOOL shall indemnify and hold harmless the CITY from any actions taken in conjunctions with the SCHOOL in performing its' duties associated with "in-kindH services to be provided for by the SCHOOL. 10.0 Acceotance: By execution of this agreement all parties accept the terms so stated herein and acknowledges receipt of a copy, including all exhibits, and authorizes the O'coee High School to proceed with the work. IN WITNESS THEREOF, the parties hereby execute this agreement upon the terms and conditions stated herein and on the date first above written. Accepted by: ~.. Authorized Signature of Ocoee High School Representative or authorized agent. Date: . , ',,-...-.,- (' ../~. Jr Accepted by: c:3 55tt ~ . . AUthorize~Suignature Rof Ci~oElf Op~ee f . Sc. AN ELlA _ O.L)' represenP11ve or au~orIze ae:enf. at(' "HE CITyCL~F OCOEe' APPROVED AS T~ND LEGALITY :', ~~iiiJ' City Attorney , . Date: \\\(,-((: ~ ~ I J.,CO l I