2020-07-07 Ex 11CITY OF OKEECHOBEE
55 SE THIRD AVENUE
OKEECHOBEE, FL 34974
Phone: (863)763-3372
www. cityofokeechobee. com
Office of the City Administrator
Direct Line: 863-763-9812
Memorandum
Okeechobee City Council
Mayor Dowling R. Watford, Jr.
Wes Abney
Monica Clark
Bob Jarriel
Bobby Keefe
Date: June 30, 2020
To: Mayor Watford, City Council Members, and Ci orne /
From: City Administrator Marcos Montes De Oca, P. .
RE: Fire Services Topic Requiring Additional Disc sion
City/County Referendum Discussion
Stantec Assessment Proposal
County to continue to utilize City Fire Station
City to continue to pay for any employees to be paramedics
(all those that are transferring and leaving)
Establish more detailed performance metrics once program and data can be assessed and
presented.
City to cover salaries and benefits for other employees transferred above the seven
anticipated.
Pension Discussion and Options
If not vested, pay out or IRA rollover
Those vested — can keep Pension at City and begin new with FRS -or- continue paying
into City Pension.
Union Items
Items are pending County Union approval; however, we should state intent to prepare
more detail and numbers.
Seniority - Sick and Vacation Accrual/Balances to be transferred
aMM
Probationary Period
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Naso_nYeaper
GERSON. I IARRIS & FUMERO, PA.
A[ IORNLYS AT LAW LS1. 1960
JOHN J. FUMERO
MOBILE:
(561) 315-4595
CARLYN H. KOWALSKY
MOBILE:
(561) 248-3922
E-MAIL: E-MAIL:
jfumerop_nasonyeaQer.com ckowalskygnasonyeager.com
To: City Council Members
From: John J. Fumero
Date: June 26, 2020
Subject: Legal provisions concerning voter referenda for fire service
This memorandum provides a brief overview of the legal/procedural options available to
effectuate the transfer of fire services to Okeechobee County. Florida's constitution
provides that transfer of functions to another local government may occur after approval
by vote of the electors of both local governments, or as otherwise provided by law.
Florida Statutes allows a county to merge services such as fire protection subject to
consent by ordinance of the affected municipality.
Some municipalities have opted to hold a referendum (as set forth in the Constitution)
all other municipalities have adopted an ordinance authorizing an interlocal agreement
in reliance on municipal home rule powers as well as Florida Statutes sections 166.021
and 125.o1(q). The pertinent provisions are provided below.
Florida Constitution
SECTION 4. Transfer of powers.—By law or by resolution of the governing bodies
of each of the governments affected, any function or power of a county, municipality or
special district may be transferred to or contracted to be performed by another county,
municipality or special district, after approval by vote of the electors of the transferor
and approval by vote of the electors of the transferee, or as otherwise provided by law.
Florida Statutes
IL25.01 County Powers and duties.—
(1) The legislative and governing body of a county shall have the power to carry on
county government. To the extent not inconsistent with general or special law, this
power includes, but is not restricted to, the power to:
750 Park of Commerce Boulevard I Suite 210 1 Boca Raton, Florida 33487
Telephone (561) 982-71141 www.nasonveager.com
PALM BEACH GARDENS • BOCA RATON
June 26, 2020
Page 2 of 2
(q) Establish, and subsequently merge or abolish those created hereunder,
municipal service taxing or benefit units for any part or all of the
unincorporated area of the county, within which may be provided fire
protection; law enforcement; beach erosion control; recreation service and facilities;
water; alternative water supplies, including, but not limited to, reclaimed water and
water from aquifer storage and recovery and desalination systems; streets; sidewalks;
street lighting; garbage and trash collection and disposal; waste and sewage collection
and disposal; drainage; transportation; indigent health care services; mental health care
services; and other essential facilities and municipal services from funds
derived from service charges, special assessments, or taxes within such unit
only. Subject to the consent by ordinance of the governing body of the
affected municipality given either annually or for a term of years, the boundaries of a
municipal service taxing or benefit unit may include all or part of the boundaries of a
municipality. If ad valorem taxes are levied to provide essential facilities and municipal
services within the unit, the millage levied on any parcel of property for municipal
purposes by all municipal service taxing units and the municipality may not exceed 10
mills. This paragraph authorizes all counties to levy additional taxes, within the limits
fixed for municipal purposes, within such municipal service taxing units under the
authority of the second sentence of s. g(b), Art. VII of the State Constitution.
166.021 Municipal Powers.—
(1) As provided in S. 2(b), Art. VIII of the State Constitution, municipalities shall have
the governmental, corporate, and proprietary powers to enable them to conduct
municipal government, perform municipal functions, and render municipal services,
and may exercise any power for municipal purposes, except when expressly prohibited
by law.
(2) "Municipal purpose" means any activity or power which may be exercised by the
state or its political subdivisions.
(3) The Legislature recognizes that pursuant to the grant of power set forth in S. 2(b),
Art. VIII of the State Constitution, the legislative body of each municipality has the
power to enact legislation concerning any subject matter upon which the state
Legislature may act.
Should you have any questions or comments, please do not hesitate to contact me or
Carlyn.
(3 Stantec
January 14, 2020
Marcos Montes De Oca
City Administrator
55 SE 3rd Avenue
Okeechobee, FL 34974
Re: FY 2021 Fire & EMS Assessment Study Update with City of Okeechobee - Proposed Agreement
Dear Mr. Mantes De Oca:
As requested, I have prepared this proposed Agreement to conduct an update to the County's Fire & EMS
Assessment Study (Study), with provisions to include the City of Okeechobee's parcel and cost data in the
assessment calculations. The following sections present our proposed approach to the Study and our
estimated fees for conducting the Study.
Scone of Services
The Study will include the development of a five year financial plan for the County's Fire & EMS functions,
updated Fire & EMS assessment rates by property class, development of Fire & EMS assessments for
each parcel, presentation of the preliminary results to County staff and Commission, adjustment as required
and documentation of final results in a Draft and Final report. The proposal includes one meeting with City
staff for review of the assessment numbers and procedure, as well as one informational workshop for the
City's governing board. Costs and services related to including the City of Okeechobee's parcel/property
and cost data in the assessment calculations in the event the City merges with the County's fire department
are included in this proposal. The study also includes implementation assistance for preparation of the
MSBU assessment rolls, attendance of adoption hearings, and further assistance as required.
In the event the County chooses to proceed with implementing the updated Fire & EMS assessment rates,
notices to the affected property owners will be required in the form of a first-class mailing. As part of our
implementation assistance, we will create the letter and mail merge file notifying the affected property owner
and facilitate the process with the mail vendor. A third -party mailing service will need to be engaged in
order to process, print, and send to the property owners and the cost of this service is not included in this
contract. We have a preferred vendor that would provide this service and require direct payment for services
rendered. Our best estimate of the cost is approximately $19,800 based on the County and City's size
(33,000 affected property owners) and three types of letters required (Fire and EMS combined notice, Fire
notice only, and EMS notice only).
Cost Proposal
I have developed a detailed Work Plan and Cost Estimate Schedule (Schedule) that presents a detailed
description of the tasks and sub -task of the process, the estimated man-hours required by consultant, and
Stantec
777 S Harbour Island Boulevard Suite 600 • Tampa, Florida 33602 • Phone (904) 247-0787 • Fax (904) 241-7708
Page 1
the estimated fees to accomplish the Study. The Schedule is enclosed in the Appendix at the end of this
proposal and it shows a total proposed fee of $8,267 inclusive of out-of-pocket expenses.
It is our practice to invoice monthly based upon the percentage of each task completed. To the extent that
additional presentations, meetings, analysis, or any other services are requested by the City that are
beyond the scope identified in the above referenced Schedule, they will be completed based upon the
necessary time and the hourly rates identified within the Schedule.
Schedule
Based upon our prior experience with the County, we have identified the proposed schedule for of this
project
• January — February 2020 — Engage with Stantec to proceed with the Assessment Study, provide
FY 2020 adopted budget, projected capital needs, most current property database, final
assessment rolls, and Incident/Call reports
• March - April — Prepare preliminary financial projections and assessment rate calculations
• April — June 2020 — Update analysis with proposed FY 2021 budget and projected capital needs
• June 2020 — Update assessment roll calculations with June 2020 property data update
• June 2020 — Provide draft report and preliminary assessment calculations
• June — August 2020 — Finalize analysis with budget revisions and property data refinements.
Present to BoCC, City of Okeechobee, and attend adoption hearings
• September 2020 — Deliver final assessment databases to the County for submission to tax collector
Conclusion
We are delighted to have the opportunity to present this proposal to you. Please review and if there are
any questions or concerns feel free to reach out to me. We have prepared this letter to serve as a short -
form agreement in the event the City wishes to immediately proceed with this study. If the terms of this
proposal are acceptable, please affix the appropriate signature on the following page and return a copy (a
digital scan emailed to me or facsimile will be acceptable) to us for our files. If you have any questions or
would like to discuss this proposal, please do not hesitate to call me at (904) 907-5256. Again, it has been
a pleasure to meet you and your staff, and we look forward to the opportunity to work together providing
you and the City with the extraordinary vision that this process provides.
Very truly yours,
Andrew Burnham
Vice President
andrew. burnham@stantec.com
Stantec Consulting Services Inc.
777 S Harbour Island Boulevard Suite 600
Tampa FL 33602-5729
Enclosures
® Stantec
777 S Harbour Island Boulevard Suite 600 • Tampa, Florida 33602 • Phone (904) 247-0787 • Fax (904) 241-7708
Page 2
If the terms of this proposal are acceptable, please affix the appropriate signature below and return a copy
(digital scan or facsimile will be acceptable) to us for our files:
Accepted by the City of Okeechobee: Accepted by Stantec Consulting Services Inc.
Signature
Name
Title
Date
® Stantec
Signature
Andrew Burnham
Name
Vice President
Title
1/14/2020
Date
777 S Harbour Island Boulevard Suite 600 • Tampa, Florida 33602 • Phone (904) 247-0787 • Fax (904) 241-7708
Page 3
® Stantec City or o'c=acho�bz?a
FY 2020.21 Fire d EMS Assessment Study Update with Inclusion of City of Okeechobee In Fee Calculation
Project Work Plan and Fee Estimate
T.ac 1 Initiate Ihc• Project Oblaln and 3^via:v del—onl Dal.
a, Prepare initial data request list and detailed critical path schedule, perform job set up activities, and establish
project monitoring and control responsibilities
b. Conduct kick-off conference call with County staff to confirm study objectives, identify fiscal objectives, establish
communication protocols, discuss approach, establish schedule, provide data request, and discuss forecasting
methods and modeling
C. Gather and review items from initial data request list.
Tasl; 3 C.1-1.1i.n of Fir^. 3 UAS %.::^s:menl::+ith Inclusion .f Cily al Ok—ch.bco In Fc. C.Ieulcll.n
a. Prepare the Fire & EMS Assessment models utilizing the most current adopted or proposed Budget, the certified
property data and tax rolls for FY 2020, as well as the most recent 3 -years of calUncident data provided by the
County's NFIRS system
b. Conduct Internal Review with Project team to review preliminary results
C. Conduct Interactive Work Session with County Staff to review preliminary model results
d. Make adjustments based upon interactive work session
e. Update assessment models with preliminary FY 2021 budget, financial projections, and June 2020 property data
update
I. Conduct Internal Review with Project team to review preliminary results
g Conduct Second Interactive Work Session with County Staff & Management to review updated model results
Task 3 Review Result: with County Managomenl, Counfy Commission. and City of Okeechobee
a. Prepare and deliver Draft Report for County Staff & Management review
C, Prepare presentation for Commission workshop, provide la County staff for review, adjust accordingly
d. Present the results of the analysis to Commission in a workshop
e. Make adjustments based upon first Commisison workshop
f. Attend meeting with City of Okeechobee Management and Staff to review results
g. Make Adjustments and deliver Final Report
h. Attend informational workshop at City of Okeechobee
TasIW
Impl.m.nlali.n :.s�iacnc.
a.
Attend Initial Resolution Adoption/Public Hearing
0
0
0
0
b.
Develop required First Class Mail Notice and create mail merge database
0
0
0
0
C.
Coordinate the mail merge of the above referenced Notice of Hearing with Mail Contractor
0
0
0
0
d.
Conduct First Class Mailing of Notice of Hearing
0
0
0
0
e.
Attend Final Resolution Adoption/Public Hearing
—Cost of
mailing
service
to be paid directly
from
City to
I.
Assist in preparation of final assessment rolls for certification to the Tax Collector
OI
OI
OI
01
g.
Contingency for follow-up analysis, adjustments, and consultation
0
0
0
0
ESTIMATED MAN-HOURS I S 2,915 I S OI S 2.940 I $ 1,800 I $ OI $ 7,855
ESTIMATED CONSULTING FEE
Stantec PROFESSIONAL SERVICES TERMS AND CONDITIONS Page 5 of 7
The following Terms and Conditions are attached to and form part of a proposal for services to be performed by Consultant and
together, when the CLIENT authorizes Consultant to proceed with the services, constitute the AGREEMENT. Consultant means
the Stantec entity issuing the Proposal.
DESCRIPTION OF WORK: Consultant shall render the services described in the Proposal (hereinafter called the "SERVICES") to the
CLIENT.
DESCRIPTION OF CLIENT: The CLIENT confirms and agrees that the CLIENT has authority to enter into this AGREEMENT on its own
behalf and on behalf of all parties related to the CLIENT who may have an interest in the PROJECT.
TERMS AND CONDITIONS: No terms, conditions, understandings, or agreements purporting to modify or vary these Terms and
Conditions shall be binding unless hereafter made in writing and signed by the CLIENT and Consultant. In the event of any conflict
between the Proposal and these Terms and Conditions, these Terms and Conditions shall take precedence. This AGREEMENT
supercedes all previous agreements, arrangements or understandings between the parties whether written or oral in connection
with or incidental to the PROJECT
COMPENSATION: Payment is due to Consultant upon receipt of invoice. Failure to make any payment when due is a material
breach of this AGREEMENT and will entitle Consultant, at its option, to suspend or terminate this AGREEMENT and the provision of
the SERVICES. Interest will accrue on accounts overdue by 30 days at the lesser of 1.5 percent per month (18 percent per annum)
or the maximum legal rate of interest. Unless otherwise noted, the fees in this agreement do not include any value added, sales,
or other taxes that may be applied by Government on fees for services. Such taxes will be added to all invoices as required.
NOTICES: Each party shall designate a representative who is authorized to act on behalf of that party. All notices, consents, and
approvals required to be given hereunder shall be in writing and shall be given to the representatives of each party.
TERMINATION: Either party may terminate the AGREEMENT without cause upon thirty (30) days notice in writing. If either party
breaches the AGREEMENT and fails to remedy such breach within seven (7) days of notice to do so by the non -defaulting party,
the non -defaulting party may immediately terminate the Agreement. Non-payment by the CLIENT of Consultant's invoices within
30 days of Consultant rendering same is agreed to constitute a material breach and, upon written notice as prescribed above,
the duties, obligations and responsibilities of Consultant are terminated. On termination by either party, the CLIENT shall forthwith
pay Consultant all fees and charges for the SERVICES provided to the effective date of termination.
ENVIRONMENTAL: Except as specifically described in this AGREEMENT, Consultant's field investigation, laboratory testing and
engineering recommendations will not address or evaluate pollution of soil or pollution of groundwater.
PROFESSIONAL RESPONSIBILITY: In performing the SERVICES, Consultant will provide and exercise the standard of care, skill and
diligence required by customarily accepted professional practices normally provided in the performance of the SERVICES at the
time and the location in which the SERVICES were performed.
LIMITATION OF LIABILITY: The CLIENT releases Consultant from any liability and agrees to defend, indemnify and hold Consultant
harmless from any and all claims, damages, losses, and/or expenses, direct and indirect, or consequential damages, including
but not limited to attorney's fees and charges and court and arbitration costs, arising out of, or claimed to arise out of, the
performance of the SERVICES, excepting liability arising from the sole negligence of Consultant. It is further agreed that the total
amount of all claims the CLIENT may have against Consultant under this AGREEMENT, including but not limited to claims for
negligence, negligent misrepresentation and/or breach of contract, shall be strictly limited to the lesser of professional fees paid
to Consultant for the SERVICES or $50,000.00. No claim may be brought against Consultant more than two (2) years after the
cause of action arose. As the CLIENT's sole and exclusive remedy under this AGREEMENT any claim, demand or suit shall be
directed and/or asserted only against Consultant and not against any of Consultant's employees, officers or directors.
Consultant's liability with respect to any claims arising out of this AGREEMENT shall be absolutely limited to direct damages arising
out of the SERVICES and Consultant shall bear no liability whatsoever for any consequential loss, injury or damage incurred by the
CLIENT, including but not limited to claims for loss of use, loss of profits and/or loss of markets.
INDEMNITY FOR MOLD CLAIMS: It is understood by the parties that existing or constructed buildings may contain mold substances
that can present health hazards and result in bodily injury, property damage and/or necessary remedial measures. If, during
performance of the SERVICES, Consultant knowingly encounters any such substances, Consultant shall notify the CLIENT and,
without liability for consequential or any other damages, suspend performance of services until the CLIENT retains a qualified
specialist to abate and/or remove the mold substances. The CLIENT agrees to release and waive all claims, including
consequential damages, against Consultant, its subconsuitants and their officers, directors and employees arising from or in any
way connected with the existence of mold on or about the project site whether during or after completion of the SERVICES. The
CLIENT further agrees to indemnify and hold Consultant harmless from and against all claims, costs, liabilities and damages,
including reasonable attorneys' fees and costs, arising in any way from the existence of mold on the project site whether during
or after completion of the SERVICES, except for those claims, liabilities, costs or damages caused by the sole gross negligence
and/or knowing or willful misconduct of Consultant. Consultant and the CLIENT waive all rights against each other for mold
damages to the extent that such damages sustained by either party are covered by insurance.
DOCUMENTS: All of the documents prepared by or on behalf of Consultant in connection with the PROJECT are instruments of
service for the execution of the PROJECT. Consultant retains the property and copyright in these documents, whether the
PROJECT is executed or not. These documents may not be used for any other purpose without the prior written consent of
Consultant. In the event Consultant's documents are subsequently reused or modified in any material respect without the prior
consent of Consultant, the CLIENT agrees to defend, hold harmless and indemnify Consultant from any claims advanced on
account of said reuse or modification.
Professional Services Terms and Conditions on StanNet Forms> Company Forms>Risk Management> Standard Form
Agreements
Stantec PROFESSIONAL SERVICES TERMS AND CONDITIONS Page 6 of 7
Any document produced by Consultant in relation to the Services is intended for the sole use of Client. The documents may not
be relied upon by any other party without the express written consent of Consultant, which may be withheld at Consultant's
discretion. Any such consent will provide no greater rights to the third party than those held by the Client under the contract,
and will only be authorized pursuant to the conditions of Consultant's standard form reliance letter.
Consultant cannot guarantee the authenticity, integrity or completeness of data files supplied in electronic format ("Electronic
Files"l. CLIENT shall release, indemnify and hold Consultant, its officers, employees, Consultant's and agents harmless from any
claims or damages arising from the use of Electronic Files. Electronic files will not contain stamps or seals, remain the property of
Consultant, are not to be used for any purpose other than that for which they were transmitted, and are not to be retransmitted
to a third party without Consultant's written consent.
FIELD SERVICES: Consultant shall not be responsible for construction means, methods, techniques, sequences or procedures, or
for safety precautions and programs in connection with work on the PROJECT, and shall not be responsible for any contractor's
failure to carry out the work in accordance with the contract documents. Consultant shall not be responsible for the acts or
omissions of any contractor, subcontractor, any of their agents or employees, or any other persons performing any of the work in
connection with the PROJECT. Consultant shall not be the prime contractor or similar under any occupational health and safety
legislation.
GOVERNING LAW/COMPLIANCE WITH LAWS: The AGREEMENT shall be governed, construed and enforced in accordance with
the laws of the jurisdiction in which the majority of the SERVICES are performed. Consultant shall observe and comply with all
applicable laws, continue to provide equal employment opportunity to all qualified persons, and to recruit, hire, train, promote
and compensate persons in all jobs without regard to race, color, religion, sex, age, disability or national origin or any other basis
prohibited by applicable laws.
DISPUTE RESOLUTION: If requested in writing by either the CLIENT or Consultant, the CLIENT and Consultant shall attempt to resolve
any dispute between them arising out of or in connection with this AGREEMENT by entering into structured non-binding
negotiations with the assistance of a mediator on a without prejudice basis. The mediator shall be appointed by agreement of
the parties. If a dispute cannot be settled within a period of thirty (30) calendar days with the mediator, if mutually agreed, the
dispute shall be referred to arbitration pursuant to laws of the jurisdiction in which the majority of the SERVICES are performed or
elsewhere by mutual agreement.
ASSIGNMENT. The CLIENT and Consultant shall not, without the prior written consent of the other party, assign the benefit or in any
way transfer the obligations under these Terms and Conditions or any part hereof.
SEVERABILITY: If any term, condition or covenant of the AGREEMENT is held by a court of competent jurisdiction to be invalid,
void, or unenforceable, the remaining provisions of the AGREEMENT shall be binding on the CLIENT and Consultant.
FLORIDA CONTRACTS: PURSUANT TO FLORIDA STATUTES CHAPTER 558.0035 AN
INDIVIDUAL EMPLOYEE OR AGENT MAY NOT BE HELD INDIVIDUALLY LIABLE FOR
DAMAGES RESULTING FROM NEGLIGENCE.
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Agreements
® Stantec PROFESSIONAL SERVICES TERMS AND CONDITIONS Page 7 of 7
Independent Municipal Advisor Exemption
January 14, 2020
The City of Okeechobee is aware of the "Municipal Advisor Rule" of the Securities and Exchange Commission and the
"independent municipal advisor" exemption from the definition of "advice." City of Okeechobee hereby notifies Stantec
Consulting Services Inc. that it wishes them to continue to provide recommendations on user fees and financial forecasting
related to the issuance of municipal securities. City of Okeechobee is represented by the firm of [insert name of municipal
advisor], which it has retained to, among other things, assist City of Okeechobee in evaluating any and all of such
recommendations. City of Okeechobee will rely on [municipal advisor] for advice. Therefore, City of Okeechobee
understands that Stantec Consulting Services Inc. is not a municipal advisor and is not subject to the fiduciary duty
established in Section 1513(c)(1) of the Securities and Exchange Act. This certificate may be relied upon until December
31, 2020. Stantec Consulting Services Inc. understands that it must also send a copy of this certificate to the [municipal
advisor].
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Agreements
ECO
Economic Council of
Okeechobee
July 7, 2020
The Honorable Dowling R. Watford Jr.
City of Okeechobee
55 SE 3`d Avenue
Okeechobee, Florida 34974
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Economic Council of Okee tle�
1679 NW 9th Street
Okeechobee, Florida 34972
(863)467-0200
RE: Interlocal agreement for fire services with Okeechobee County
Mayor Watford:
The Economic Council of Okeechobee continues to support a contract for fire rescue services
between the City of Okeechobee and Okeechobee County.
As stated by Ms. Tori Fatjo, IAFF District 12 Representative at the May 19, 2020 City Council
meeting, many other municipalities have recognized the long-term economic benefits provided
by an interlocal agreement of this nature. Our small, fiscally constrained community cannot
continue to ignore the cost advantages and increased efficiencies available to us through basic
economies of scale. The proposed alternative to instead implement EMS services in the City is
inherently the direct opposite of this widely understood economic principle.
Thank you for continuing to engage in this discussion and for being transparent to the public in
your decision-making.
Respectfully,
';P'fer
Executive Director
Economic Council of Okeechobee County, Inc.
CC:
Wes Abney
Monica Clark
Bob Jarriel
Bobby Keefe
John Fumero
Marcos Montes De Oca