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File #: BR-2025-102   
Type: Budget Resolution Status: Passed
File created: 9/23/2024 In control: City Council
On agenda: 10/1/2024 Final action: 10/1/2024
Title: Adopt Budget Resolution 2025-102 amending the Fiscal Year 2023-24 budget to support additional expenditures for the fire fee reimbursement process through a transfer from the General Fund Reserve for Contingencies account totaling $54,646
Attachments: 1. Original Agreement - The Notice Company, Inc., 2. First Amendment- The Notice Company, Inc. Agreement, 3. Order Approving Class Notice of Final Hearing Fire-Fee Case, 4. First Amendment- The Notice Company, Inc. Agreement
Related files: 2024-2295

Submitted By: Emory Roberts

presenter

Presentation By: Emory Roberts

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Department: Budget

STAFF RECOMMENDATION (Motion Ready):

title

Adopt Budget Resolution 2025-102 amending the Fiscal Year 2023-24 budget to support additional expenditures for the fire fee reimbursement process through a transfer from the General Fund Reserve for Contingencies account totaling $54,646

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OCALA’S RELEVANT STRATEGIC GOALS:

Fiscally Sustainable

PROOF OF PUBLICATION:

N/A

body

BACKGROUND:

On February 20, 2014, Class Representatives filed a class action lawsuit against the City challenging the City’s Fire Fee as an unconstitutional tax imposed in violation of Article VII, Section 1(a) of the Florida Constitution.

 

On February 11, 2022, the court approved a Class Notice of Final Hearing to distribute refunds, attorney’s fees, costs, and class representative service awards. The city was required to mail the Notice of Final Hearing to each class member within 30 days.  A contract was requested with The Notice Company, Inc. for a Class Action Notice (the “Original Contract”) with a maximum initial expenditure of $50,000 to meet this requirement.

 

Council approved an extended engagement of The Notice Company, Inc. for Claims Administration services on May 17, 2022, with a maximum contract value of $200,000 (referred to as the "First Amendment").

 

On December 20, 2022, the Council approved additional contract expenditures of $275,000 for continued engagement of The Notice Company, Inc. up to a maximum contract expenditure amount of $475,000.  This expenditure ceiling was established based on estimates of future services.

 

On February 9, 2024, the City assumed responsibility for the re-issuance of first distribution refunds.  The City and The Notice Company agreed to a reduction of services and fees for 180 days to cover outstanding checks issued by the Notice Company and to complete the reconciliation during August 2024.

 

FINDINGS AND CONCLUSIONS:

As of October 1, 2023, the City has spent $54,645.25 on contract expenditures for claims administration services with The Notice Company. This amount includes costs related to the extended refund distribution phase up to August 21, 2024, as well as the final invoice covering agreed-upon expenses, including a Court declaration and the final reconciliation. The City received the final invoice from The Notice Company on September 13, 2024.

 

Additional funds are required to support final expenditures related to the fire fee reimbursement process.

 

FISCAL IMPACT:

Funds are available from the General Fund Reserve for Contingencies to support the expenditure of an additional $54,645.25.

001-099-999-513-81-99800                                                               ($54,646)

001-099-950-999-81-31010                                                                $54,646

 

PROCUREMENT REVIEW:

N/A

 

LEGAL REVIEW:

N/A

 

ALTERNATIVE:

                     Adopt with Changes

                     Table

                     Deny

 

 

BUDGET RESOLUTION 2025-102

 

A RESOLUTION AMENDING THE FISCAL YEAR 2023-24 BUDGET TO TRANSFER FUNDS FROM THE GENERAL FUND RESERVE FOR CONTINGENCIES TO SUPPORT ADDITIONAL EXPENDITURES FOR THE FIRE FEE REIMBURSEMENT PROCESS TOTALING $54,646

 

 

WHEREAS, Florida law provides that the party recovering judgement shall recover all legal cost and charges; and

 

WHEREAS, on June 19, 2020, the Fifth District Court of Appeals reversed the Trial Court’s decision and ruled the City’s Fire Fee was an unconstitutional tax; and

 

WHEREAS, on October 11, 2021, the Court held a hearing on the motion for the City to create a Common Fund; and

 

WHEREAS, the Court granted Class Representatives’ motion for judgement totaling $79,282,910; and

 

WHEREAS, on March 1, 2022, City Council approved a taxable draw-down loan totaling $60 million; and

 

WHEREAS, the City had until April 4, 2022, to fund the Common Fund; and

 

WHEREAS, the City had to mail notices to all class members; and

 

WHEREAS, the City had to begin the reimbursement process to all class members within 60 days of final judgement; and

 

WHEREAS, on June 13, 2022, the City entered into an agreement with The Notice Company, Inc. to process reimbursements to all class members; and

 

WHEREAS, on July 5, 2022, the City passed Budget Resolution 2022-158 for $200,000 of expenses for The Notice Company Inc.; and

 

WHEREAS, on December 20, 2022, the City adopted Budget Resolution 2023-114 for $275,000 of expenses for The Notice Company Inc.; and

 

WHEREAS, budget reserves will be used to support the additional unforeseen expenditures incurred in fiscal year 2023-24 for the fire fee reimbursement process that was a result of the judgement.

 

NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF OCALA, FLORIDA, duly assembled in regular session, that the Fiscal Year 2023-24 budget be amended as follows:

 

SOURCE:

001-099-999-513-81-99800                                          Reserve for Contingencies                                          ($54,646)

 

USE:

001-099-950-999-81-31010                                          Professional Services - Other                                          $54,646

 

 

This resolution adopted this ______ day of ______________________, 2024.

 

 

 

ATTEST:                      CITY OF OCALA

 

By:                                           By:                      

Angel B. Jacobs                      Barry Mansfield

City Clerk                     President, Ocala City Council

 

Approved as to form and legality:

 

By: _________________________________

William E. Sexton

City Attorney

 

Reviewed for accounting accuracy & completeness:

 

By: _________________________________

Peter A. Lee

City Manager