Item #02 Approval of Code Enforcement Agreements with Towns of Oakland and Windermere with 3% Adjustment to Cover the City of Ocoee's Costs, Plus an Added Overtime Clauseflorida
AGENDA ITEM COVER SHEET
Meeting Date
Item
Contact Name:
Contact Number:
January 20, 2015
@1
Doug Gaines
407 - 905 -3117
Reviewed By:
Department Director:
City Manager:
Subject: Approval of Code Enforcement Agreements with Towns of Oakl6lnc( and Windermere
with 3% Adjustment to Cover the City of Ocoee's Costs, Plus an Added Overtime Clause
Background Summary:
The City of Ocoee is willing to continue to provide part -time Code Enforcement services to the Towns of
Oakland and Windermere with a 3% increase to cover the City of Ocoee's increased costs. The City of Ocoee
will continue to make available to the Towns of Oakland and Windermere one (1) of the City of Ocoee's Code
Enforcement Officers to provide code enforcement services within the Town of Oakland for approximately eight
(8) hours a week and 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
in each Town; however, the schedule may change depending upon circumstances. If the Town of Oakland
would like to use more than the weekly eight (8) hours per week, the Town will pay an overtime rate of
$44.18 /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 3% to keep up with the City's costs. This would
raise the hourly rate from $28.59 to $29.45 for both agreements. The time and a half rate for overtime would be
$44.18.
Recommendations
Staff recommends the City Commission approve both agreements 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:
The full agreements are attached.
Financial Impact:
The City will continue to receive approximately $1,000 per month per Town, which covers 40% of all costs
associated with Code Enforcement Officer Theresa Rodriguez (salary, benefits, retirement costs) and annual
vehicle expenses.
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:
X 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 N/A
Reviewed by Finance Dept. N/A
Reviewed by () N/A
2
Mayor
S. Scott Vandergrift
City Manager
Robert Frank
Mr. Dennis R. Foltz
Town Manager
Town of Oakland
PO Box 98
Oakland, FL 34760 -0098
*, ,
January 7, 2015
Onmmiccinn Prc
John Grogan, District 1
Rosemary Wilsen, District 2
Rusty Johnson, District 3
Joel F. Keller, District 4
Re: 3% Adjustment and Overtime Clause: Agreement for Code Enforcement Services
for the Town of Oakland
Dear Dennis —
The City of Ocoee is willing to continue to provide limited Code Enforcement services for the
Town of Oakland pursuant to the terms of this letter agreement. The only changes are a 3% adjustment
to keep up with the City of Ocoee's costs and a new overtime clause in section 5:
1. The City of Ocoee will make available to the Town of Oakland one (1) or more of the City of
Ocoee's Code Enforcement Officers to provide code enforcement services within the Town of
Oakland 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
Oakland Town Manager.
2. The parties acknowledge that the Town of Oakland has its own Code Enforcement Board that
will hear code enforcement cases within the Town of Oakland and that the City of Ocoee's
Code Enforcement Board will not hear code enforcement cases within the Town of Oakland.
3. The Town of Oakland 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 Oakland: receiving, checking, and /or investigating code
enforcement complaints; proactively driving through the Town of Oakland to monitor code
compliance; issuing notices or warnings, as necessary; and preparing for and attending
Oakland Code Enforcement Board Meetings. The parties acknowledge that the Code
City of Ocoee • 150 N Lakeshore Drive • Ocoee, Florida 34761
phone: (407) 905 -3100 • fax: (407) 905 -3167 • www.ocoee.org
Enforcement Officer(s) will utilize City of Ocoee vehicles for the services provided herein,
although the Town of Oakland may provide a magnetic sticker for the vehicles with the Town
of Oakland logo or information covering the City of Ocoee's.
5. The Town of Oakland will pay to the City of Ocoee $29.45 /hour for the work performed by
the Code Enforcement Officer(s) for the Town of Oakland. The Town of Oakland 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 Oakland would like
to use more than the weekly eight (8) hours per week, the Town will pay an overtime rate of
$44.18 /hour. This is dependent upon the workload of the Code Enforcement Officer.
6. The Town of Oakland 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 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 Oakland 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
CITY OF OCOEE SIGNATURE PAGE
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
Beth Eikenberry, City Clerk
(SEAL)
S. Scott Vandergrift, Mayor
DATE:
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.
APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING HELD
20
UNDER AGENDA ITEM NO.
City Attorney
Mayo
S. Scott Vandergrift
City Manager
Robert Frank
v
* %4;.
r„ -j :,
Mr. Robert Smith
Town Manager
Town of Windermere
614 Main Street, Suite A
Windermere, FL 34786
January 7, 2015
Commissioners
John Grogan, District 1
Rosemary Wilsen, District 2
Rusty Johnson, District 3
Joel F. Keller, District 4
Re: 3% 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 3%
adjustment to keep up with the City of Ocoee's costs and a new 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
City of Ocoee • 150 N Lakeshore Drive • Ocoee. Florida 34761
phone: (407) 905 -3100 • fax: (407) 905 -3167 • www.ocoee.org
attending 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 $29.45 /hour for the work performed
by the Code Enforcement Officer(s) for the Town of Oakland. 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 $44.18 /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 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,
CITY OF OCOEE
Robert Frank
City Manager
CITY OF OCOEE SIGNATURE PAGE
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
Beth Eikenberry, City Clerk
(SEAL)
S. Scott Vandergrift, Mayor
DATE:
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.
i
City Attorney