All RFP's RejectedV. NEW BUSINESS CONTINUED
B. Police Chief Peterson distributed a memorandum that explained Code Enforcement is
recommending a reduction to 10 percent of the accrued fine per Case. The properties
were brought into compliance on January 22, 2019, by the new property owner, Mr.
Emiliano Garcia, represented by Mr. Kennedy (who was in attendance).
Motion by Council Member Clark to approve the Code Enforcement Special Magistrate
recommended fine reductions for Code Enforcement Case No. 18-008, 302 Northeast 7th
Street, Legal: Lots 5 and 6 of Block 79, CITY OF OKEECHOBEE, Plat Books 1/5, Pages
10/5, Okeechobee County public records, from $3,555.00 to $355.00; and Case No. 18-
009, 309 Northeast 6t" Street, Legal: Lots 7 and 8 of Block 79, CITY OF OKEECHOBEE,
Plat Books 1/5, Pages 10/5, Okeechobee County public records, from $3,555.00 to
$355.00 as presented in Exhibit 5; seconded by Council Member Jarriel.
Mayor Watford, Council Members Abney, Clark, Jarriel, and Keefe voted: Aye.
Nays: none. Motion Carried.
C. Evaluate submittals of Request for Qualifications (RFQ) No. ADM 01-00-10-19 and
Request for Proposals (RFP) No. ADM 02-00-10-19.
Administrator MontesDeOca stated due to the incomplete information submitted by the
Firm of Nason, Yeager, Gerson, Harris & Fumero, P.A. for the RFP, it was disqualified.
Two Firms responded to the RFQ: Nason, Yeager, Gerson, Harris & Fumero, P.A. of
Palm Beach Gardens, Florida, and Swaine, Harris & Wohl, P.A. of Lake Placid, Florida.
Attorney Cook provided an evaluation summary on both Firms based solely on the
information received and contained in the RFQ. The Firm of Nason, Yeager, Gerson,
Harris & Fumero, P.A. will provide three attorneys (Fumero, Rice, and Kowalsky). Their
government experience includes the City of Port Saint Lucie and the South Florida Water
Management District. Their areas of expertise consist of code enforcement, public
finance, land use/zoning, grant submission, labor/employment, and public records.
Attorney Fumero has over 30 years of experience and is certified with the Florida Bar;
Attorney Rice has an undergraduate degree in planning and land use, and has worked
as a City Attorney in seven cities; Attorney Kowalsky has 30 years of experience, with 15
years as counsel for the South Florida Water Management District. Supplied in the RFQ
were invoices billing $295.00 per hour for all attorneys and $90.00 per hour for paralegals.
The Firm of Swaine, Harris & Wohl, P.A. will provide three attorneys (Nash, Swain, Wohl,
and Harris as backup to Nash). Their government experience includes the Cities of Lake
Placid, Sebring, and Arcadia. The areas of expertise were not specified. Attorney Harris
has 39 years of experience; Attorney Nash has eight years of experience; Attorney Swain
has 18 years of experience; and Attorney Wohl has 15 years of experience. Supplied in
the RFQ were invoices billing $195.00 per hour for Attorney Harris, $175.00 per hour for
Attorneys Nash, Swain, and Wohl, and $85.00 per hour for paralegals.
After a lengthy discussion, Council Member Keefe made a motion to direct the
Administrator to begin contract negotiations with both Firms, and present them for
consideration at the December 17, 2019, meeting; seconded by Council Member
Jarriel.
Mayor Watford, Council Members Abney, Clark, Jarriel, and Keefe voted: Aye.
Nays: none. Motion Carried.
D. Council Member Jarriel requested the discussion of fire services be added to the agenda.
Mayor Watford expressed concerns with adding such an important matter to the agenda
without the public being noticed and given the opportunity to attend. He suggested the
comments be brief.
Council Member Jarriel was disappointed by the way the information was discussed at
the Board of County Commissioners meeting held November 26, 2019, as he was of the
understanding that the costs were to be related to taking over the fire services in the City,
not contracting the service to the City.
December 3, 2019 Regular Meeting Page 2 of 3
VII. NEW BUSINESS CONTINUED
A memorandum provided as Exhibit 2 explained the vacant Tots were recently purchased
by SE5, LLC to build a duplex on Lots 1 and 2, and another on Lots 3 and 4. The dedicated
5 -foot wide utility easements are located along the East property line of Lot 1, West
property line of Lot 2, East property line of Lot 3, and West property line of Lot 4. Three
new easements will be provided along the West property line of Lot 1, East property line
of Lot 2, West property line of Lot 3, and East property line of Lot 4. Utility letters of no
improvements within the existing easements have been received.
Administrator MontesDeOca explained, should the Council approve the request, a
document will be submitted at a later date for Council approval that would be recorded in
the official records as this would amend the original dedicated Plat. He also confirmed the
zoning and future land use for the property is correct for the proposed use.
Mayor Watford, Council Members Abney, Clark, Jarriel, and Keefe voted: Aye.
Nays: none. Motion Carried.
B. A motion was made by Council Member Jarriel to reject all bids received for Request for
Proposal No. ADM 02-00-10-19 City Attorney Legal Services; seconded by Council
Member Keefe.
Mayor Watford, Council Members Abney, Clark, Jarriel, and Keefe voted: Aye.
Nays: none. Motion Carried.
As directed by the Council at the December 3, 2019 meeting, proposed contracts were
provided within Exhibit 3 from both firms [Nason, Yeager, Gerson, Harris & Fumero, P.A.,
and Swaine, Harris & Wohl, P.A.], who had representatives in attendance.
A motion was made by Council Member Keefe to award Request for Qualifications
No. ADM 01-00-10-19 for City Attorney Legal Services to Nason, Yeager, Gerson,
Harris & Fumero, P.A; seconded by Council Member Clark.
Mayor Watford opened the floor for discussion. Council Member Abney questioned the
duration of terms for the contract submitted by Nason, Yeager, Gerson, Harris & Fumero,
P.A. The effective date is January 1, 2020, but there is no end date. Administrator
MontesDeOca explained he suggested the contract be on an annual basis, but the
Council can make specific amendments as they see fit. Council Member Abney then
confirmed attendance at all meetings is addressed in each contract. These include the
City Council, Planning Board/Board of Adjustment/Design Review Board, and Technical
Review Committee meetings, and Code Enforcement Magistrate Hearings.
Mayor Watford questioned the flat fee of $9,400.00 per month provided in the Nason,
Yeager, Gerson, Harris & Fumero, P.A. contract without a set number of hours. Council
Member Jarriel explained he calculated it to equal approximately 34 hours of billed time.
He divided the $9,400.00 fee by the hourly rate of $275.00. He verified with Attorney Cook
that this was an accurate average of time needed. He and Mayor Watford voiced their
concerns with selecting a firm that is approximately $3,000.00 higher per month. Council
Member Clark inquired to confirm that the budgeted amount for Fiscal Year 2019-20 is
$145,500.00. However, that is the budget total; $80,000.00 is budgeted for Professional
Services which was calculated at 35 hours per month at the rate of $185.00 per hour. The
budget also includes health insurance coverage ($10,850.00) as well as equipment,
repairs and maintenance, education, memberships and subscriptions, and office supplies
that would no longer be paid after December 31, 2019. Council Member Clark implied
that the remaining amounts of these line items be applied to professional services to cover
the higher contract cost. Administrator MontesDeOca added specific projects, such as
the charter review, are not included in the scope of services; they would be addressed,
and costs negotiated in specific work orders. Mayor Watford asked whether there were
any comments from the public; there were none.
Mayor Watford expressed his preference with the Swaine, Harris & Wohl, P.A. firm as
they represent cities that are more similar to Okeechobee, and the significant difference
in costs. Council Member Clark stated the combined years of water quality experience
the Nason, Yeager, Gerson, Harris & Fumero, P.A. firm brings is a plus, and the City
would spend less time on these contracts or issues.
December 17, 2019 Regular Meeting Page 3 of 6