HomeMy WebLinkAboutItem #06 Approval of Addendum #2 to "Letter of Agreement" with Ocoee High School
Meeting Date: January 20, 2009
Item # lo
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 #2 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 and amended October 2, 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 Addendum #2 (extension) to the agreement with
Ocoee High School?
Recommendations
Motion to authorize the Mayor to approve Addendum #2 to the "Letter of Agreement" with Ocoee High
School.
Attachments:
Original Letter of Agreement, Addendum #2 to Letter of Agreement
Financial Impact:
The Addendum does not have any monetary modifications from the original "Letter of Agreement".
Type of Item: (please marl< with an "x'J
Public Hearing
_ Ordinance First Reading
_ Ordinance Second Reading
Resolution
Commission Approval
Discussion & Direction
For Clerl<'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 ( )
N/A
N/A
N/A
1
Mavor
S. Scott Vandergrift
c.enter of Good Li '
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,., l?
Commissioners
Gary Hood, District 1
Scott Anderson, District 2
Rusty Johnson, District 3
Joel F. Keller, District 4
City Manager
Robert Frank
ADDENDUM #2 TO "LETTER OF AGREEMENT"
This Addendum #2 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
2008/2009 school year, which begins the fIrst school day and ends 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 , 2009.
Accepted by:
Date:
,2009
Authorized signature of Ocoee High
School's Representative or its
Authorized agent.
Accepted by:
Date:
,2009
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.us
~
S. Scott Vandergrift
Commissioners
Gary Hood, District 1
Scott Anderson, District 2
Rusty Johnson, District S
Joel F. Kellel', District 4
Citv Manat:!'er
Robert Frank
LEITER OF AGREEMENT
City of Ocooo Water Conservation Agreement for POWR Park
This agreement is made and entered into this day of . 2007, the
effeotive date for the terms oftbis agreement and conditions are listed below and on the following pages
by and between; The City of Ocoeet herein referred 10 as tho CI1Y, located at 150 North Lakeshore
Drive, Ocoeo, Florlda, and Ocoee High School, herein referred to has SCHOOL. located at 1925 Ocoee
Cl'OwnPointParkway. Oeoee, Florida
1.0 !D.WW. The CITY desiros to provide financial support to the SCHOOL's Agricultural
Department and the SCHOOL desires to provlde reasonable <lin-kind" services by students and
staff in assisting the CITY in its' endeavor to maintain the CITY's Protect Our Wilter 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 ourrent landscaping. planning and planting of
new vegetation and landsoaping in the current POWR P~ assisting by attending CITY POWR
eduoation programs (no more than one event per month) and provide consultation to tbe CITY
concerning the CITY.s planes) to expand the POWR Park.
2.0 Work Areat 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 oftbis
agreement to the end of last day of sohool 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 fust day 'of school and end the last day of school.
4.0
Compensation: The CITY sball compensate the SCHOOL for the "In-kind" serv~ces 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 Jun~ 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 4S days. No more than 25% of
the Compensation may be used to cover SCHOOL overhead cost to administer the "in-kind')
semee wIth the remaining amount going to the SCHOGL'~ Agricultural Department for
enhancements of exJsting programs. Future annual renewals to this agreement shall provide an
assooiated compensation amount.
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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 sh!lll be in
effect the first day of the month prior to a thirty (30) day written notification. .
Scope of "In-kind" Services: "In-kind" services shall' include but ~ot be lini1t~d' to the l'
maintenance of the POWR Park"s current landscaping. planning and planting of new vegetation
City of Ocoee · 1 SO N Lakeshore Drive · Ocoee. Florida 34761
phone: (407) 905-3100 . fax: (407) 656-8504' www.ci.ocoee.f1.us
6.0
7'
...;""""
and landscaping In the current })OWR 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 plan(s) to expand the POWR Park. The following are typical tasks
expeoted 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 neededj
g. Assist in the management and sustainabllity of the POWR Park landscape and provide
alternative solutions to potential problems;
h. Provide suggestions for expansion area.
7.0 ExDenses: All equipmen~ materials, new vegetation and/or 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 ccln-kind" services, the SCHOOL shalt
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 cOtUunctions with the SCHOOL in performing its' duties associated with "in-kind"
services to bo provided for by the SCHOOL.
10.0 Accentance: By execution of this agreement all parties accept the tenns so stated herein and
acknowledges receipt of a copy, inoluding all exhibits, and authorIzes the Ocoee 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:
1:Mc
Authorized Signature of Ocoee High
Sohool Representative or authorized
agent.
"
Date:
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Date: ff\C\.(C~ ~ I ,),Gb 1
By:
City Attorney
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