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Home My WebLink AboutEmergency Item #01- Code Enforcement Agmt. W/ Windermereronter of Good Zip O AGENDA ITEM COVER SHEET Meeting Date: January 15, 2013 Item # Emergency Reviewed By. Contact Name: Doug Gaines Department Director: Contact Number: 407 - 905 -3117 City Manager: "4 � r� Subject: Approval of Code Enforcement Agreement with Town of Windermere Background Summary: The City Manager was recently contacted by Robert Smith, Windermere Town Manager, about providing part- time Code Enforcement services to the Town of Windermere. After subsequent meetings, the details have been agreed upon by both parties at the staff level and an agreement has been drafted. The City of Ocoee will make available to the Town of Windermere one (1) of the City of Ocoee's Code Enforcement Officers to provide code enforcement services within the Town of Windermere for approximately eight (8) hours a week. It is anticipated that the Code Enforcement Officer will perform the services over two four -hour segments on non - consecutive days; however, the schedule may change depending upon circumstances. The City can provide these services with no additional personnel hired. Issue: The City of Ocoee has been asked to provide Code Enforcement services to the Town of Windermere on a part-time basis. Recommendations Staff recommends the City Commission approve the agreement and authorize the Mayor to execute the necessary documents to implement the program. Attachments: The full agreement is attached. Financial Impact: The City will receive approximately $1,000 per month, which covers 20% of all costs associated with Code Enforcement Officer Theresa Rodriguez (salary, benefits, retirement costs) and annual vehicle expenses. Type of Item: x (please mark with an `x') Public Hearing Ordinance First Reading Ordinance Second Reading Resolution Commission Approval Discussion & Direction x_ 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 Q For Clerk's Dept Use: Consent Agenda Public Hearing Regular Agenda N/A N/A N/A W Tjawn jaf Winbrrmrrr P 0. Drawer 669 Windermere, FL 34786 Office: (407) 876 -2563 Fax: (407) 876 -0103 +iiailnr GARY BRUHN December 17, 2012 Mr. Robert Frank City of Ocoee 150 N Lakeshore DR Ocoee, FL 34761 Dear Mr. Frank, T1111111 Alatlagr ►�� ROBERT SMITH DOROTHY BURKHALT Enclosed please find an original singed Agreement for Code Enforcement Services. Once the agreement has been executed by the City of Ocoee please returned a copy for our records. Should you have any questions or concerns, please contact me. Si cerely4Buk orotr, CIVIC enclosure Mayor S. Scott Vandergrift City Manager Robert Frank October 10, 2012 Mr. Robert Smith Town Manager Town of Windermere PO Box 669 Windermere, FL 34786 Commissioners Gary Hood, District I Rosemary Wilsen, District 2 Rusty Johnson, District 3 Joel F. Keller, District 4 Re: Agreement for Code Enforcement Services for the Town of Windermere Dear Robert — As we have discussed, the City of Ocoee is willing to provide limited Code Enforcement services for the Town of Windermere pursuant to the terms of this letter agreement: 1. The City of Ocoee will make available to the Town of Windermere one (1) of the City of Ocoee's Code Enforcement Officers to provide code enforcement services within the Town of Windermere for approximately eight (8) hours a week. It is anticipated that the Code Enforcement Officer(s) will perform the services over two (2) four (4) hours segments on non- consecutive days, however, the schedule may change depending upon circumstances. Additional time for preparation and attendance at Windermere Code Enforcement Board/Special Magistrate Meetings is also authorized pursuant to this agreement. Adjustments to the hours of service provided can be made by mutual agreement between the City of Ocoee City Manager and the Town of Windermere Town Manager. 2. The parties acknowledge that the Town of Windermere has its own Code Enforcement Board or Special Magistrate that will hear code enforcement cases within the Town of Windermere and that the City of Ocoee's Code Enforcement Board will not hear code enforcement cases within the Town of Windermere. It is further acknowledged that the Town of Windermere shall make every effort to schedule Code Enforcement Board Meetings /Hearings that are not in conflict with the City of Ocoee's Code Enforcement Board meetings. 3. The Town of Windermere will take whatever steps are necessary to authorize the City of Ocoee's code enforcement personnel to perform the services herein, including, but not limited to, swearing in such personnel for code enforcement purposes. 4. The Code Enforcement Officer(s) will perform the following tasks in providing the code enforcement services for the Town of Windermere: receiving, checking and /or investigating code enforcement complaints; proactively driving through the Town of Windermere to monitor code compliance; issuing notices or warnings as necessary; and preparing for and attending Windermere Code Enforcement Board Meetings or hearings before a Special Magistrate. The parties acknowledge that the Code Enforcement Officer(s) will utilize City of Ocoee vehicles for the services provided herein, although the Town of Windermere may City of Ocoee • 150 N Lakeshore Drive • Ocoee, Florida 34761 phone: (407) 905 -3100 • fax: (407) 905 -3167 • www.ocoee.org provide a magnetic sticker for the vehicles with the Town of Windermere logo or information covering the City of Ocoee's. 5. The Town of Windermere will pay to the City of Ocoee $27.76 /hour for the work performed by the Code Enforcement Officer(s) for the Town of Windermere. The Town of Windermere will pay for such services within thirty (30) days of receipt of an invoice for the same. The parties acknowledge that the hourly rate set forth above is the sole compensation due for such services and that personnel time, wages, benefits, gas and vehicle maintenance expenses incurred by the City of Ocoee for the Code Enforcement Officer(s) and the provision of the services contemplated are included within the hourly rate. 6. The Town of Windermere agrees to release, indemnify, defend and hold the City of Ocoee, its employees and elected officials harmless, to the extent provided by law, for claims, injuries or damaged caused or alleged to be caused by the provision of services set forth herein. Notwithstanding the foregoing, nothing herein shall be construed as a release or requirement to indemnify the City of Ocoee for the gross negligence or willful misconduct of the Code Enforcement Officer(s). 7. This agreement may be terminated by either party with at least seven (7) days prior notice. In the event of termination, the Town of Windermere shall pay the final invoice within thirty (30) days of receipt of the final invoice. Please do not hesitate to contact me should you have any questions. Sincerely, Robert Frank City Manager City of Ocoee AGREEMENT FOR CODE ENFORCEMENT SERVICES FOR THE TOWN OF WINDERMERE CITY OF OCOEE SIGNATURE PAGE APPROVED: ATTEST: Beth Eikenberry, City Clerk CITY OF OCOEE, FLORIDA S. Scott Vandergrift, Mayor (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND LEGALITY on this day of , 20_ SHUFFIELD, LOWMAN & WILSON P.A. DATE: APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD 1 20 UNDER AGENDA ITEM NO. By: Scott Cookson, City Attorney TOWN OF WINDERMERE SIGNATURE PAGE APPROVED: TOWN OF/WXIy VERMERE- UORIDA Gary DATE: ) 2 ! 0 /2 12 APPROVED BY THE WINDERMERE TOWN COUNCIL AT A MEETING HELD OC-�O L r , 20lvZ,