Item #08 Approval of Code Enforcement Agreement with Town of Windermere with 3% Adjustment to Cover the City of Ocoee’s Costs ocoee
florida
AGENDA ITEM COVER SHEET
Meeting Date: February 21, 2017
Item #
Reviewed By:
Contact Name: Doug Gaines Department Director:
Contact Number: 407-905-3117 City Manager:
Subject: Approval of Code Enforcement Agreements with Town of Windermere with 3%
Adjustment to Cover the City of Ocoee's Costs
Background Summary:
The City of Ocoee is willing to continue to provide part-time code enforcement services to the Town of
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 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 in each Town; 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$46.86/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 30.33 to $31.24. The time and a half rate for overtime would be $46.86.
Recommendations
Staff recommends the City Commission 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:
The full agreement is attached.
Financial Impact:
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: (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
x 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 N/A
Reviewed by Finance Dept. '/ N/A
Reviewed by 0 N/A
2
Mayor Commissioners
Rusty Johnson John Grogan, District 1
Rosemary Wilsen, District 2
City Manager 1k0 Richard Firstner, District 3
Robert Frank Joel F. Keller, District 4
florid*
February 13, 2017
Mr. Robert Smith
Town Manager
Town of Windermere
614 Main Street, Suite A
Windermere, FL 34786
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 $31.24/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$46.86/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
City of Ocoee Signature Page
CITY OF OCOEE
By:
Rusty Johnson, Mayor
ATTEST:
Melanie Sibbitt, City Clerk
(SEAL)
APPROVED BY THE CITY OF OCOEE
COMMISSION IN 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
, 20 .
SHUFFIELD, LOWMAN & WILSON, P.A.
By:
City Attorney