Item # 02 Approval of the Second Amendment to Hearing Officer Services Agreement ocoee
florida
AGENDA ITEM COVER SHEET
Meeting Date: December 5, 2017
Item # (9),
Reviewed By:
Contact Name: Dana Crosby-Collier, Department Director: Scott Cookson, City
Assistant City Attorney Attorne
Contact Number: 407-581-9800 City Manager: Rob Frank
Subject: Amendment to Agreement with Hearing Officer
Background Summary:
On September 16, 2014, in response to an RFQ for hearing officer services for red light camera
violations, the City Commission approved a response by and entered into an agreement with Shepard,
Smith & Cassady, P.A. (now Shepard, Smith, Kohlmyer & Hand, P.A.), attorney Andrew Hand, for
hearing officer services. On January 17, 2017, the City Commission approved Ordinance 2017-05
which established an office of Special Magistrate to hear code enforcement matters, and on February 7,
2017, the City Commission amended Mr. Hand's contract to allow him to serve as the City's Special
Magistrate for code enforcement matters. The current contract is for a three year term with two
automatic one year extensions. The City is currently in the first of those two extensions.
Mr. Hand has requested the City amend his contract to remove indemnification language, correct an
erroneous cross-reference to section 768.28, Florida Statutes, and update his firm's name. The City
Attorney has reviewed other arrangements and agreements with outside counsel and supports the
Hearing Officer's request.
Issue:
Should the Honorable Mayor and City Commissioners approve an amendment to the City's Hearing
Officer Services Agreement with Shepard, Smith & Cassady, P.A., to remove indemnification language,
correct an erroneous cross-reference to section 768.28, Florida Statutes, and update the firm name?
Recommendation:
Staff respectfully requests the Honorable Mayor and City Commissioners approve an amendment to the
City's Hearing Officer Services Agreement with Shepard, Smith & Cassady, P.A., to remove
indemnification language, correct an erroneous cross-reference to section 768.28, Florida Statutes, and
update the firm name.
Attachments:
Second Amendment to Hearing Officer Services Agreement.
Financial Impact:
None.
Type of Item: (please mark with an "x")
Public Hearing For Clerk's Dept Use:
Ordinance First Reading x Consent Agenda
Ordinance Second Reading Public Hearing
Resolution Regular Agenda
Commission Approval
Discussion&Direction
Original Document/Contract Attached for Execution by City Clerk
x Original Document/Contract Held by Department for Execution
Reviewed by City Attorney N/A
Reviewed by Finance Dept. N/A
Reviewed by 0 N/A
2
SECOND AMENDMENT TO
HEARING OFFICER SERVICES
AGREEMENT
THIS SECOND AMENDMENT TO HEARING OFFICER SERVICES AGREEMENT
("Amendment") is entered into on the_day of December, 2017, by and between the CITY OF OCOEE,
a Florida municipal corporation, whose address is 150 N. Lakeshore Drive, Ocoee, Florida 34761
("Ocoee"), and Shepard, Smith, Kohlmyer & Hand, P.A., a Florida corporation, whose address is 2300
Maitland Center Parkway Suite 100,Maitland,Florida 32751,attention Andrew Hand("Hearing Officer").
RECITALS
A. Whereas, Ocoee and Hearing Officer entered into a HEARING OFFICER SERVICES
AGREEMENT, dated October 7, 2014, and an AMENDMENT TO HEARING OFFICER
SERVICES AGREEMENT,dated February 7, 2017 (collectively,the"Agreements") for hearing
officer and special magistrate services; and
B. Whereas, Ocoee and Hearing Officer desire to amend the Agreements to update Hearing Officer's
name as well as eliminate the indemnification provisions set forth in Section 8 of the HEARING
OFFICER SERVICES AGREEMENT, dated October 7,2014.
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. All references within the Agreements to "Shepard, Smith & Cassady, P.A." are hereby
amended to"Shepard, Smith, Kohlmyer&Hand,P.A."
2. Section 8 of the HEARING OFFICER SERVICES AGREEMENT,dated October 7,2014,
is hereby amended to read as follows:
Indemnification. Sovereign Immunity.
-.- • •J. _ e - . .- . - . •• _ .. •. • - . . . .
- -- .. . • . . . .
•
•
• .. , . - : - •:. , - . . - -1 • ' I. . - - - P - -
or employees during the term of this agreement. Nothing contained in this Agreement shall be considered
or deemed a waiver of CITY's sovereign immunity protections as provided in Section 268.76 768.28,
Florida Statutes, as may be amended from time to time or as a waiver of any other defense or immunities
to lawsuits.
3. All of the terms, covenants,conditions and provisions of the Agreements hereby remain in
full force and effect, except as modified by this Second Amendment.
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IN WITNESS WHEREOF the parties hereto have caused this Amendment to be executed by their
authorized representatives on the day and year first above written.
SHEPARD,SMITH,KOHLMYER CITY OF OCOEE,a Florida Municipal
&HAND,P.A. Corporation
By:Andrew Hand By:
Rusty Johnson,Mayor
Signature•,de2
Date: //Z/ /T
Attest:
Melanie Sibbitt, City Clerk
APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING HELD
ON , 2017 UNDER
AGENDA ITEM NO.
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND
LEGALITY this_day of , 2017.
SHUFFIELD LOWMAN & WILSON,P.A.
By:
City Attorney
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