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HomeMy WebLinkAboutItem #05 Approval of the First Amendment to the Hearing Officer Services Agreement1 4 kV �,/� 0W( e fIorido AGENDA ITEM COVER SHEET Meeting Date: August 19, 2014 Item # I S )Reviewed By: Contact Name: Lieutenant Brad Dreasher Department Director: Chief Cha Contact Number: 407 - 905 -3160 ext. 3028 City Manager: Robert Frank Ap, Subject: FIRST AMENDMENT TO HEARING OFFICER SERVICES AGREEMEN Brown Background Summary: The City of Ocoee entered into a Contract on August 20, 2013, for a Hearing Officer for the Ocoee Intersection Safety Program due to new Florida Statutory provision. The Contract is due to expire on August 20, 2014. The City is currently going through an RFP for a new Hearing Officer Contract but more time is required. This extension will expire October 01, 2014 and will allow the City to continue the scheduled hearings on August 21, 2014. Issue: Should the Honorable Mayor and Board of City Commissioners approve this Amendment of the extension of the Hearing Officer contract to October 01, 2014? Recommendations It is recommended that the Honorable Mayor and Board of City Commissioners approve the extension of the Hearing Officer contract to October 01, 2014. Attachments: . Contract reviewed by Shuffield & Lowman Financial Impact: The current contract pays the Hearing Officer a minimum of $500.00 for the hearings and an additional $100 for each hour over (5) five hours of Hearings. t �1� Ocoee Mayor S. Scott Vandergrift City Manager Robert Frank Florida Type of Item: (please mark with an "x') Public Hearing Ordinance First Reading Ordinance Second Reading Resolution X Commission Approval Discussion & Direction For Clerk's Dept Use Consent Agenda Public Hearing Regular Agenda X Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution Reviewed by City Attorney Robin Drage Reviewed by Finance Dept. , Reviewed by () Commissioners John Grogan, District 1 Rosemary Wilsen, District 2 Rusty Johnson, District 3 Joel F. Keller, District 4 City of Ocoee • 150 North Lakeshore Drive • Ocoee, Florida 34761 phone: (407) 905 -3100 • fax: (407) 905 -3167 • www.ocoee.org FIRST AMENDMENT TO HEARING OFFICER SERVICES AGREEMENT THIS FIRST AMENDMENT ( "First Amendment ") made this day of , 20 , ( "Effective Date ") by and between the City of Ocoee, Florida, a municipal corporation of the State of Florida, whose address is 150 N. Lakeshore Drive, Ocoee, Florida 34761 hereinafter referred to as "CITY" and Frederick H. Wilsen, whose address is 1019 Shady Maple Circle, Ocoee, FL. 34761 hereinafter referred to as "HEARING OFFICER ". WHEREAS, City and Hearing Officer entered into that certain Hearing Officer Services Agreement on August 20, 2013 ; and WHEREAS, City and Hearing Officer desire to extend the term of the Agreement as provided in this First Amendment. NOW, THEREFORE, in consideration of the mutual covenants herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Seller and Buyer, intending to be legally bound, agree as follows: Recitals; Capitalized Terms The foregoing recitals are true and correct and are incorporated herein by reference. Capitalized terms used in this First Amendment which are not defined herein shall have the meanings ascribed to them in the Agreement. 2. Amendment Notwithstanding anything contained in the Agreement to the contrary, City and Hearing Officer agree to extend the term of the Agreement until October 1, 2014. 3. Effect of Amendment Except as specifically amended by this Amendment, the Agreement shall remain in full force and effect and the parties hereby ratify and reaffirm the same. 4. Counterparts; Facsimile/PDF Signatures This First Amendment may be executed in one or more separate counterparts, each of which shall constitute an original, and all of which, when taken together, shall constitute one of the same agreement. Facsimile and portable document format (PDF) signatures sent by email shall be effective for purposes of executing this First Amendment and binding the parties hereto. The parties have executed this Amendment as of the Effective Date. WITNESS: HEARING OFFICER: Frederick H. Wilsen Print Name: Print Name: ATTEST: Beth Eikenberry, City Clerk (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this day of , 2014. SHUFFIELD, LOWMAN & WILSON, P.A. am CITY: CITY OF OCOEE, FLORIDA S. Scott Vandergrift, Mayor APPROVED BY THE OCOEE CITY COMMISSION ON UNDER AGENDA ITEM NO. Scott A. Cookson, City Attorney