Item 08 Approval of Code Enforcement Agreement with Windermere
City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761
Phone: (407) 905-3100 ▪ www.ocoee.org
STAFF REPORT
Meeting Date: January 17, 2023
Item #: 8
Contact Name: Doug Gaines Department Director: Doug Gaines
Contact Number: Ext. 1503 City Manager: Robert Frank
Subject: Approval of Code Enforcement Agreement with Town of Windermere with 5%
Adjustment to Cover the City of Ocoee's Costs. (Acting Support Services Director Gaines)
Background Summary:
The City of Ocoee is willing to continue to provide part-time code enforcement services to the Town of
Windermere with a 5% increase to cover the City of Ocoee’s increased costs. The City of Ocoee will continue
to 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 (2) 4-hour
segments on non-consecutive days; however, the schedule may change depending upon circumstances. If the
Town of Windermere would like to use more than the weekly eight (8) hours per week, the Town will pay an
overtime rate of $57.26/hour. This is dependent upon the workload of the Code Enforcement Officer.
Issue:
The City of Ocoee is requesting to increase the hourly rate by 5% to keep up with the City’s costs. This
would raise the hourly rate from $36.35 to $38.17. The time and a half rate for overtime would be
$57.26.
Recommendations:
Staff recommends the Honorable Mayor and City Commissioners approve the agreement and authorize
the Mayor to execute the necessary documents to implement the program. The City can continue to
provide these services with no additional personnel hired.
Attachments:
1. Windermere Ocoee Code Enforcement Agreement
Financial Impacts:
The City will continue to 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: Consent
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Mayor Commissioners
Rusty Johnson Larry Brinson, Sr., District 1
Rosemary Wilsen, District 2
City Manager Richard Firstner, District 3
Robert Frank George Oliver III, District 4
City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761
phone: (407) 905-3100 ▪ www.ocoee.org
_____________
January 17, 2023
Mr. Robert Smith
Town Manager
Town of Windermere
614 Main Street, Suite A
Windermere, FL 34786
Re: 5% Adjustment and Overtime Clause: Agreement for Code Enforcement Services
for the Town of Windermere
Dear Robert –
The City of Ocoee is willing to continue to provide limited code enforcement services for the
Town of Windermere pursuant to the terms of this letter agreement. The only changes are a 5%
adjustment to keep up with the City of Ocoee’s costs and an overtime clause in section 5.
1. The City of Ocoee will make available to the Town of Windermere one (1) or more 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) 4-hour segments on non-
consecutive days; however, the schedule may change depending upon circumstances.
Additional time for preparation and attendance at Oakland Code Enforcement Board 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
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.
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
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Windermere Code Enforcement Board Meetings. 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 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 $38.17/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. If the Town of Windermere would
like to use more than the weekly eight (8) hours per week, the Town will pay an overtime rate
of $57.26/hour. This is dependent upon the workload of the Code Enforcement Officer.
6. The Town of Windermere agrees to release, indemnify, defend, and hold harmless the City of
Ocoee, its employees, and elected officials, to the extent provided by law, for claims, injuries
or damages 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,
CITY OF OCOEE
Robert Frank
City Manager
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CITY OF OCOEE SIGNATURE PAGE
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
________________________________ __________________________________
Melanie Sibbitt, City Clerk Rusty Johnson, Mayor
DATE:____________________________
(SEAL)
FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY
THE CITY OF OCOEE, FLORIDA COMMISSION AT A MEETING HELD
APPROVED AS TO FORM AND LEGALITY ON ____________________________, 20___,
this ____ day of __________________, 20__. UNDER AGENDA ITEM NO._____.
SHUFFIELD, LOWMAN & WILSON P.A.
By:__________________________________
City Attorney
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