2020-05-19 Ex 05CITY 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
Okeechobee City Council
Mayor Dowling R. Watford, Jr.
Wes Abney
Monica Clark
Bob Jarriel
Bobby Keefe
Date:
To:
From:
RE:
Memorandum
May 11, 2020
Mayor Watford and City Council
City Administrator Marcos Montes De Oca, P.E.
Fire Services Interlocal
Please find the memo below, which summarizes the majority of items of concern in the interlocal
agreement prepared by the County for City Fire Services. These comments are intended to give
a base for discussion and require policy input from the Council for discussion. These notes are
pending review of the attorney, as with direction of Council. The notes are to be utilized as a
discussion point to both demonstrate the financial concern by staff, but also the request of policy
direction by the Council.
I have attempted to put notes and comments per my suggestions from staff for Council and the
attorney. Page number and sections are utilized for clarity, however, a line by line editing was
not done due to the direction needed on items.
Page 1
ADD a Whereas,
Whereas, in spirit of the proposed interlocal agreement, the COUNTY shall, under penalties of
default, provide the same High Level of Professional Fire Services to the CITY, and those
services shall be interpreted to be: maintaining the same level of fire protection, ISO rating, area
of and type of coverages, and response times.
Page 2
Section 2. Services.
Subsection i., ADD - COUNTY shall conduct any and all inspections within seven (7) calendar
days of date of request of inspection.
Subsection ii., MODIFY TO - COUNTY shall coordinate with OUA and shall ensure water
purveyors provide adequate fire flows and hydrants, as required, for fire protection and training
purposes within the CITY.
Subsection iii., Delete CITY references. COUNTY shall work with OUA alone.
Subsection iv., ADD — COUNTY shall provide a fee schedule for costs for the various services
provided, 30 -days at a minimum of adoption of this agreement for review and acceptance. These
fees and charges should be reimbursed to the CITY or applied a credit to BASE services.
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Section 3. Effective Date and Term.
State date to be modified to April 1, 2021 (PENDING DICUSSION) or date to be agreed upon
by both parties prior to contract execution.
Section 4. CITY's Base Payments for Services and Adjustments
Correlate commencement date to be as referenced in Section 3.
Page 3
Section 4. CITY's Base Payments for Services and Adjustments
NOTE FOR SECTIONS 4 thru 7 and 9 as well as all related Sub Parts, these costs are included
in the BASE rate sheet as presented with upward forecasted costs included as attached.
Additional costs for these should either be removed from base rate sheet or removed from
interlocal in entirety due to the forecasted costs included in BASE payment sheet.
Please also note, the payments shall be quarterly beginning at the effective date and the 15`h day
of the fiscal quarter to which the services will be provided.
In addition, all sections, any reassessment or negotiations shall allow for both increase and
decrease in costs, and not just of increase as noted. Please also note, in BASE Payment sheet,
the inspector is budgeted for bunker gear etc. This is for an inspector only position; more
discussion on this item is requested.
Part B. Costs should be actual costs for each of those added to provide services, not the entire
CBA and administration (six (6) for fire and one (1) inspector).
A potential item of discussion: a maximum rate of increase within the interlocal for each year in
the renewal.
County shall also notify CITY of both upward as well as downward adjustment of Base
Payment. The Dates of adoption of the interlocal should also be reflected within this section or
made reference in previous sections for clarity in any updates.
Page 4
Section 5. Personnel.
Direction to provide preference for hiring of City employees regardless of place of residence
should be noted and added.
Date of application should be modified to reflect 90 days prior to the incorporation of this
interlocal.
It is also the request of Council the employees are to be hired with same rank and years of
service.
Page 4-5
Section 6. Vehicles
Vehicle discussion and Council policy directive is needed for the response, however it is the
recommendation by staff that the COUNTY, due to the value of the lease, be responsible for both
the insurance, maintenance and repairs for the vehicles while under contract. Trucks for
consideration are the Ladder truck VIN xx and CITY Engine 9 Vin xx. The requested pickup for
the inspector is included under the base payment and not included under this section.
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Upon the term of this interlocal, the equipment shall be returned, if following renewal of
interlocal or alternate funding cannot be reached, in the same condition, noting normal and
customary usage.
Pending discussion, all capital vehicle purchases must be relayed to the CITY the prior budget
year during preparation of the upcoming year's budget. 30 days is not sufficient time for
budgeting purposes.
Section 7. Equipment and Supplies
It is also important to note the terms of abuse, misuse, etc. for damage to vehicles, as well as
equipment, is not designated and would not be the responsibility of the CITY.
Page 5
Section 8. Replacement of Vehicles
Strike entire section. For Council discussions Ladder truck is upward of $1Million and Engine is
$500,000.
Page 6
Section 9. City Payments toward Building Construction Costs; Interim use of CITY Apparatus
Storage Bays
Please provide anticipated costs for the proposed building, as this is included in the BASE Rate
as well. Payments for such building should be in accordance with service payments.
Dates to be modified as noted, etc.
Staff recommends the usage of the existing building bays for a term no more than one (1) year
with quarterly payments of usage to cover utility, insurance, and other applicable costs
associated with the bay areas to be determined. Calls for services cannot be run from the CITY's
building.
Section 16. Default
Part A. Default shall also be the COUNTY's inability to provide continued level of fire
protection and coverage, and responses to calls for fire are to be under 4.2 minutes as an annual
average and a maximum of 6 minutes, reported to CITY quarterly and during incorporated
COUNTY fire updates to CITY. Default also should be the COUNTY's inability to provide
adequate level of inspection and review services, meeting the timelines of the CITY for reviews.
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Okeechobee County
Board of County Commissioners
304 NW 2nd Street
Okeechobee, FL 34972
COMPLETED
ACTION ITEM (ID # 5841)
Department: County Attorney
Category: General Business
Prepared By: Wade Vose
Initiator: Wade Vose
SUBJECT: DISCUSSION OF DRAFT INTERLOCAL AGREEMENT FOR THE PROVISION
OF FIRE SERVICES TO THE CITY OF OKEECHOBEE
MEETING: Regular Session April 30, 2020
FINANCIAL IMPACT:
Undetermined at this time
REQUESTED ACTION:
That the Board of County Commissioners discuss the draft interlocal agreement for the
provision of fire services to the City of Okeechobee, and provide direction to the County
Administrator, County Attorney, and Public Safety Director/Fire Chief as to revisions to the draft
interlocal agreement, and as to transmittal of the draft interlocal agreement to the City of
Okeechobee.
BACKGROUND:
For the past many months several discussions have been held in reference to the potential of
the County providing Fire Services to the City of Okeechobee. As the Board will recall,
preliminary costs were presented in November 2019, and the Board held a discussion regarding
the services requested by the City of Okeechobee.
At the January 8, 2020 Board meeting, the County Administrator provided for the Board's review
the personnel and related costs for 6 paramedics and 1 fire inspector. That information is
attached to this agenda item for your review.
On February 5, 2020, the Okeechobee City Administrator sent an email to the County
Administrator on behalf of the City Council to request the County prepare a contract for the
provision of Fire Services to the City of Okeechobee.
At the February 13, 2020 Board meeting, the Board discussed the City's request to provide a
contract for the provision of fire services. The Board discussed a number of possible terms of a
potential contract, and voted to direct the County Administrator and County Attorney to prepare
a draft interlocal agreement for the provision of fire services to the City of Okeechobee. The
draft interlocal agreement is attached for your review.
The draft agreement provides for a three year term beginning January 1, 2021, and specifies a
Base Payment for Services for each of those three years. It further provides for formulas for the
upward adjustment of the Base Payment for Services for various eventualities, including
increased costs resulting from CBA renegotiation, changes in required benefits, protective gear,
or equipment, increases in insurance or retirement costs, or increases in administrative costs.
The draft agreement provides timelines for the potential hiring of City personnel, but makes
clear that in order to comply with the County's CBA, no preference will be given in the hiring of
Page 1
Action Item (ID # 5841) Meeting of April 30, 2020
former City employees, except as would already be applicable pursuant to local preference in
accordance with the CBA.
The draft agreement provides for the lease of certain City vehicles and radio equipment to the
County for a de minimus amount, and for the City to be responsible for payment certain costs
associated therewith, including replacement costs at end of life. It further provides for the
transfer of all City -owned turn -out gear and air packs to the County.
The draft agreement provides for the City to make additional payments to the County in the
amount of 10% percent per year of the total construction costs of the new building to be
constructed to provide services under the agreement. It further provides for the County's use of
the City's apparatus storage bays to house vehicles and equipment during the pendency of
construction of the new building.
The draft agreement provides for the twice annual reports from the County to the City setting
forth statistical information concerning the County's provision of fire services.
Finally, the draft agreement makes clear that the City retains full retirement plan and retirement
benefit liability arising out of the City's former employment of its former employees, and the the
County will not be accepting any liability therefor. It further makes clear that the City, not the
County, will retain liability for the conduct of former employees, and workers compensation
liability for former employees, for all incidents occurring prior to the commencement date of
services.
The County Attorney recommends that the Board discuss the draft interlocal agreement for the
provision of fire services to the City of Okeechobee, and provide direction to the County
Administrator, County Attorney, and Public Safety Director/Fire Chief as to revisions to the draft
interlocal agreement, and as to transmittal of the draft interlocal agreement to the City of
Okeechobee.
ATTACHMENTS:
® Draft Fire Interlocal - Okeechobee Co. - City of Okeechobee - 04-14-2020 ada pdfa (PDF)
• fire service cost projections jan 8 2020 pdfa (PDF)
Page 2
INTERLOCAL AGREEMENT BETWEEN OKEECHOBEE COUNTY
AND THE CITY OF OKEECHOBEE FOR FIRE SERVICES
THIS INTERLOCAL AGREEMENT ("Agreement") is made and entered into by and
between Okeechobee County, Florida, a political subdivision of the State of Florida, by and
through its Board of County Commissioners ("COUNTY") and the City of Okeechobee, Florida,
a municipal corporation organized and existing under the laws of the State of Florida, by and
through its City Council ("CITY").
WITNESSETH
WHEREAS, the CITY has maintained a high level of professional fire services for the
benefit of the citizenry thereof; and
WHEREAS, the CITY is desirous of maintaining a high level of professional fire services
in conjunction and harmony with its policies of sound fiscal management going forward; and
WHEREAS, the CITY is therefore desirous of contracting with the COUNTY for the
COUNTY to provide fire services for the benefit of the CITY's residents; and
WHEREAS, the COUNTY has agreed to render to the CITY a high level of professional
fire services upon the terms and conditions set forth herein.
NOW THEREFORE, in consideration of the mutual terms, conditions, promises,
covenants and payments hereinafter set forth, and for other good and value consideration the
receipt and adequacy of which is hereby acknowledged, the parties hereto mutually agree as
follows:
Section 1. Recitals. The recitals set forth above are incorporated herein by reference and made a
part of this Agreement.
Section 2 Services.
A. Primary Services. The COUNTY hereby agrees to provide fire services, which include fire
suppression, rescue operations, mass casualty incident response, major disaster response,
and dispatch and communication services, plus all support services required to provide
such services including, but not limited to, supervision, training, equipment maintenance,
supplies and procurement. Additionally, the COUNTY hereby agrees to provide fire
prevention services as it relates to pre -development planning, plan submittal review,
development and post occupancy fire inspections, and fire and building code
administration, all of which is collectively referred to herein as "Fire Services" within the
boundaries of the CITY as legally described in Exhibit A, which is attached hereto and
made apart hereof by reference, and which area shall be automatically amended in the event
of future annexation(s), subject to an equitable adjustment in expenses which are to be
reflected in an amendment to this Agreement.
Page 1 of 10
B. Additional Services. The COUNTY and CITY will also provide the following additional
services:
The COUNTY shall conduct inspections pursuant to the Florida Fire Prevention
Code ("Fire Code") and all applicable Florida Statutes and Administrative Codes.
The COUNTY shall assume authority and responsibility to enforce the Florida Fire
Prevention Code. Such enforcement requires inspection of each new building
subject to the Florida Fire Prevention Code and includes periodic inspections of
each existing building subject to the Florida Fire Prevention Code.
ii. Water providers. Without cost to the COUNTY, the CITY shall ensure that the
CITY's water purveyors provide adequate fire flow and hydrants, as determined by
the COUNTY, for fire protection and training purposes within the CITY.
iii. Fire Hydrant Inspections. The CITY and COUNTY shall work with OUA to ensure
that OUA annually inspects all fire hydrants within the CITY ensuring proper
clearance and that an appropriate hydrant street marker is installed. The CITY and
COUNTY shall work with OUA to ensure that OUA installs replacement markers
as needed. The CITY and COUNTY shall work with OUA to ensure that OUA flow
tests and flushes fire hydrants within the CITY annually.
iv. Fee Schedule Adoption. The COUNTY adopts a published fee schedule setting
forth the cost of various services provided by the COUNTY. The CITY agrees that
the current fee schedule and any additional fee schedules adopted by the COUNTY
pursuant to enforcement of the Fire Prevention Code shall be effective for Fire
Services provided within the CITY upon the Commencement Date of Services. The
current COUNTY adopted fee schedule is attached hereto as Exhibit B. The CITY
shall remit to the COUNTY, no less than quarterly per each fiscal year, the amounts
set forth in the attached Exhibit B for each applicable permit issued by the CITY.
Said fee schedule may be updated from time to time by the COUNTY and shall be
incorporated into this Agreement without further amendment to this Agreement
upon written notification to the CITY.
Section 3 Effective Date and Term This Interlocal Agreement and any subsequent amendment
hereto shall be effective upon signing by both of the parties and recording with the Okeechobee
County Clerk of the Circuit Court as provided by Section 163.01(11), Florida Statutes. The
provision of Fire Services shall commence at 8:00 a.m. on January 1, 2021, ("Commencement
Date of Services") and end at 8:00 a.m. on January 1, 2024, unless this Agreement is otherwise
extended.
Section 4 CITY's Base Payments for Services and Adjustments.
A. In exchange for the COUNTY 's provision of the services set forth herein, and together
with all of the CITY's other obligations set forth herein, the CITY shall pay to COUNTY,
no later than January 15th in the specified year, the following amounts for each of the
specified years of the term of this Agreement ("Base Payments for Services"):
Page 2 of 10
Year 1 (January 1, 2021 through December 31, 2021)
Year 2 (January 1, 2022 through December 31, 2022)
Year 3 (January 1, 2023 through December 31, 2023)
$ 697,59934
$ 708,039.73
$ 686,261.82
The parties recognize that the COUNTY's existing collective bargaining agreement with
the COUNTY firefighters bargaining unit (hereinafter "CBA") will expire on September
30, 2021, and that the terns of a new CBA will be subject to negotiations between the
COUNTY and the bargaining unit that may result in an increase in costs to the COUNTY.
The parties further recognize that the COUNTY is contemplating the potential
renegotiation of certain terms of the CBA prior to the CBA's expiration that may result in
an increase in costs to the COUNTY. Accordingly, the parties agree that the Base Payments
for Services shall be subject to upward adjustment by the COUNTY in the amount of the
total increase in costs to the COUNTY resulting from the renegotiation of CBA terms and
conditions as compared to the existing CBA terms and conditions, multiplied by six (6)
and divided by the total number of funded positions in the bargaining unit. The parties
agree that such total increase in costs may be attributable to, without limitation, increases
in salary, incentive pay, health insurance, life insurance, vacation leave, sick leave,
holidays, uniform costs, or any other benefit to the members to the bargaining unit or cost
to the COUNTY. The COUNTY shall provide notice to the CITY of any upward
adjustment of the Base Payments for Services pursuant to this subsection no later than the
later of 30 days after the effective date of the new CBA or amendment to CBA, or 30 days
after the new CBA or amendment to CBA is approved by both the COUNTY and the
bargaining unit.
C. The parties recognize that the COUNTY may also be subject to other circumstances
relating to fire service provision and outside the COUNTY's control that will increase the
total cost to provide the services set forth herein. Accordingly, the parties agree that the
Base Payments for Services shall be subject to upward adjustment by the COUNTY in the
amount of the total increase in costs to the COUNTY resulting from increases in costs of
resulting from changes in entitlement to or cost of disability or death benefits, legislation
mandating new benefits or protections for fire personnel, and revisions to minimum
requirements or industry best practices relating to protective gear, equipment, or protocols
for fire personnel, multiplied by six (6) and divided by the total number of funded positions
in the bargaining unit. The COUNTY shall notify the CITY of any upward adjustment of
the Base Payments for Services pursuant to this subsection.
D. The parties recognize that the COUNTY may also be subject to circumstances affecting
the COUNTY as a whole and outside the COUNTY's control that will increase the total
cost to provide the services set forth herein. Accordingly, the parties agree that the Base
Payments for Services shall be subject to upward adjustment by the COUNTY in the
amount of the total increase in costs to the COUNTY resulting from increases in costs of
general liability insurance, property insurance, vehicle insurance, workers compensation
insurance, health insurance, life insurance, any other insurance maintained by the
COUNTY, and the Florida Retirement System, multiplied by six (6) and divided by the
total number of funded COUNTY employee positions. The COUNTY shall notify the
Page 3 of 10
CITY of any upward adjustment of the Base Payments for Services pursuant to this
subsection.
E. The parties recognize that the COUNTY may also be subject to adjustments in the costs of
administration that will increase the total cost to provide the services set forth herein.
Accordingly, the parties agree that the Base Payments for Services shall be subject to
upward adjustment by the COUNTY in the amount of the total increase in costs to the
COUNTY resulting from increases in salaries, benefits, and other costs attributable to the
administration of the COUNTY fire department, multiplied by six (6) and divided by the
total number of funded positions in the bargaining unit. The COUNTY shall notify the
CITY of any upward adjustment of the Base Payments for Services pursuant to this
subsection.
Section 5 Personnel As of the Commencement Date of Services, the COUNTY intends to hire
six (6) firefighter/ paramedics and one (1) fire inspector as a result of additional work necessitated
by the services contemplated in this Agreement. There is no guarantee that any particular
firefighter/ paramedic or fire inspector will be hired to fill the positions in the COUNTY. Existing
employees of the CITY will be given local preference, to the extent it is otherwise applicable to a
given individual, in accordance with the COUNTY's existing collective bargaining agreement
(hereinafter "CBA"); provided, however, no other preference will be given to former City
employees unless otherwise provided by Federal, State, or County law or under the CBA. Persons
to be hired to fill the positions with the COUNTY shall be hired in accordance with the COUNTY's
existing standards and procedures, and no exceptions shall be granted from the COUNTY's
standards and requirements for newly hired personnel by virtue of this Agreement. CITY
personnel who wish to apply for a position with the COUNTY's fire department should apply to
the COUNTY no later than October 1, 2020. Attached as Exhibit C hereto is a description of the
personnel hiring requirements for the COUNTY' s fire department. All perquisites for newly hired
personnel, including, but not limited to pay, benefits, retirement, and seniority, shall be as
prescribed in the then existing CBA of the Okeechobee County Fire Department.
Section 6. Vehicles. On the Commencement Date of Services, the CITY shall lease to the
COUNTY, and the COUNTY shall lease from the CITY, one (1) ladder truck (VIN
), one (1) fire engine (VIN ), and one (1) staff truck (VIN
), together with all firefighting equipment and apparatus used in
connection with the leased vehicles, and together with such vehicles replacements pursuant to this
Agreement (hereinafter collectively "the Vehicles") upon the following terms and conditions:
The rental amount shall be $1.00 per year, payable in one lump sum of $3.00 on or
before the Commencement Date of Services, the sufficiency and appropriateness
of which is hereby acknowledged by both parties. The CITY shall retain title to the
Vehicles during the term of this Agreement, and in the event of the termination or
other end to this Agreement, such Vehicles (or such Vehicles' replacements) shall
be returned to the CITY.
ii. On or before the Commencement Date of Services, the CITY shall deliver to the
COUNTY an Affidavit of No Liens and Encumbrances as to the Vehicles in such
Page 4 of 10
a form as is acceptable to the COUNTY. The CITY agrees to indemnify and hold
harmless the COUNTY and pay any loss, claim, or demand for any liens or
encumbrances on said Vehicles.
iii. During the term of this Agreement, the COUNTY shall perform routine
maintenance on such Vehicles according to COUNTY standards. The COUNTY
shall invoice the CITY for the costs and expenses of routine maintenance of such
Vehicles on a quarterly basis, and the CITY shall pay such invoice within 30 days
after receipt thereof.
During the term of this Agreement, the COUNTY shall perform repairs and
extraordinary maintenance on such Vehicles according to COUNTY standards. The
COUNTY shall invoice the CITY for the costs and expenses of repairs and
extraordinary maintenance of such Vehicles on a quarterly basis, and the CITY
shall pay such invoice within 30 days after receipt thereof
v. During the term of this Agreement, the COUNTY shall obtain and pay for insurance
for such Vehicles according to COUNTY standards. The COUNTY shall invoice
the CITY for the costs and expenses of insurance for such Vehicles, and the CITY
shall pay such invoice within 30 days after receipt thereof.
vi. During the term of this Agreement, the COUNTY shall replace the Vehicles in
accordance with the COUNTY's then existing standards and policies. The
COUNTY shall invoice the CITY for the costs and expenses, including but not
limited to purchase price, of such replacement of such Vehicles, and the CITY shall
pay such invoice within 30 days after receipt thereof.
Section 7. Equipment and supplies.
A. On the Commencement Date of Services, the CITY shall transfer, free and clear of all liens
or encumbrances, all bunker gear (a/k/a turn -out gear) and air packs owned by the CITY
to the COUNTY.
B. Radio equipment owned by the CITY and used by its fire department shall be leased to the
CITY as of the Commencement Date of Services at a rental amount of $1.00 per year,
payable in one lump sum of $3.00 on or before the Commencement Date of Services, the
sufficiency and appropriateness of which is hereby acknowledged by both parties. The
COUNTY shall bill the CITY for the cost of replacement of such radio equipment as
necessitated by a system change, and the CITY shall pay such bill within 30 days after
receipt thereof
Section 8. Replacement of Vehicles and Equipment In the event new fire apparatus, vehicles
or equipment need to be purchased or existing fire apparatus, vehicles or equipment need to be
repaired or replaced during the term of the Agreement, the COUNTY shall have the sole
responsibility for and discretion regarding purchasing such fire apparatus, vehicles and equipment
or making such repairs.
Page 5 of 10
Section 9 CITY Payments toward Building Construction Costs; Interim Use of CITY's
Apparatus Storage Rays.
A. The parties acknowledge and agree that the COUNTY will need to construct a new building
to house the Vehicles, equipment, and personnel necessary to provide the services
contemplated by this Agreement ("Building"). Beginning on January 15, 2022, and each
subsequent January 15 thereafter during the term of this Agreement, and any extensions
thereof (through and including January 15, 2031, if so extended), the CITY shall pay to the
COUNTY a sum equal to ten percent of the total cost of construction of the Building. The
COUNTY shall provide notice to the CITY by July 15, 2021 of the estimated total cost of
construction of the Building for calculation of the January 15, 2021 payment. Upon final
completion of construction of the Building, the COUNTY shall provide notice to the CITY
of the final total cost of construction of the Building, for calculation of the January 15,
2022 payment and subsequent payments. The calculation of the January 15, 2022 payment
shall also include a true -up of the amount of the January 15, 2021 payment to conform to
the final total cost of construction of the Building.
B. From the Commencement Date of Services through January 1, 2022, the CITY agrees to
allow COUNTY to exclusively utilize and occupy, with 24 hour access thereto, the CITY's
apparatus storage bays located at to house the
Vehicles and equipment necessary to provide the services contemplated by this Agreement.
Section 10 Retirement Plan Liability, The CITY will retain all liability for any unfunded
retirement plan liability for all former CITY employees. The City will also retain all liability for
any vested retirement benefits of all former CITY employees, such as, but not limited to, health
insurance maintenance payments. The COUNTY will not be responsible for and will not accept
any liability regarding any former CITY employees that arises from their former employment with
the CITY.
Section 11. Reports to CITY by COUNTY The COUNTY shall make a written report two times
a year setting forth statistical infoiivation concerning the provision by the COUNTY of fire
services in the CITY. Such reports shall include the number and type of incidents and service
calls, number of plans reviewed, number of site plans reviewed, and number of inspections
conducted.
Section 12 General Liability for Conduct of Former City Employees The CITY shall remain
solely responsible for any and all claims and litigation alleging negligence or wrongdoing by the
CITY or any CITY Fire Rescue employee due to the conduct of any CITY Fire Rescue employee,
or others within the CITY, occurring before the Commencement Date of Services. The CITY will
defend, indemnify, and save harmless the COUNTY, including all of its boards, agencies,
departments, officers, employees, agents, and volunteers against any and all claims, demands,
lawsuits, liability, judgments, debts, loss, damages, and expenses (including, but not limited to,
costs and legal fees) including, but not limited to those arising from injuries or death of persons,
and for damages to property, arising directly or indirectly out of any CITY Fire Rescue employee's
actions or inaction occurring prior to the Commence Date of Services.
Page 6 of 10
Section 13 Worker's Compensation. CITY agrees that it will remain fully responsible for any
and all workers' compensation injuries to CITY employees that occurred while the employees
were employed by the CITY. This shall include, but is not limited to, any claims filed after the
Commencement Date of Services if the injury in question occurred prior to the Commencement
Date of Services. This obligation shall continue in perpetuity. CITY agrees to maintain any
required insurance premiums, service fees, third party administrator fees, excess insurance
coverage (if any) in order to be sure all dates of injury prior to the date the employment with the
CITY is terminated is fully funded and not the responsibility of the COUNTY. It is further agreed
that the CITY shall defend, reimburse, indemnify, and hold harmless the COUNTY for any injuries
occurring during all employees' employment with the CITY.
Section 14. Records Retention. The CITY shall maintain all records pursuant to the CITY's
retention schedule, in accordance with state and federal laws, and any litigation holds in effect as
of the Effective Date. CITY staff will maintain and provide the COUNTY access to the CITY's
fire prevention records for a minimum of two (2) years or for such other minimum retention
period(s) as may otherwise be applicable to the public records involved. Such records include but
are not limited to fire code permits, construction permits, special use permits, code enforcement
complaints, and inspection records. All costs associated with maintaining the current database shall
be the responsibility of the CITY.
Section 15 Indemnification/Sovereign Immunity. Except as otherwise specifically provided in
the Agreement, neither party shall be liable for the negligent or wrongful acts of the other party in
the performance of this Agreement. Nothing in this Section is intended to serve as a waiver of each
of the Parties' respective sovereign immunity.
Section 16. Default.
A. Notice of Default; Cure Period. In the event a party to this Agreement fails to perform
pursuant to the terms and conditions of this Agreement, the party to which an obligation to
perform is owed shall provide the non-performing party written notice of said non-
performance, upon receipt of which notice the non-performing party will have thirty (30)
days to cure such default or otherwise comply with any request for performance. If non-
performance continues beyond such thirty (30) -day period, the complaining party may
pursue any and all available legal remedies.
B. Failure to Give Notice of Default. A party's failure to give, or delay in giving, any notice
of default shall not by itself constitute a waiver of the non-performing party's obligations,
requirements or covenants under this Agreement. Any failure or delay by one party to assert
any rights and remedies as to the non-performance of the other party shall not operate as a
waiver of any default by the other party nor any rights and remedies available to that party.
Section 17. Notices. Any notice, demand, request, or other instrument which may be or is required
to be given or delivered under this Agreement shall be deemed to be delivered (i) whether or not
actually received, five (5) days after deposited in the United States mail, postage prepaid, certified
or registered mail, return receipt requested, or (ii) when received (or when receipt is refused) if
Page 7of10
delivered personally or sent by a nationally -recognized overnight courier, all charges prepaid, at
the addresses of COUNTY and CITY as set forth in this paragraph. Such address may be changed
by written notice to the other party in accordance with this paragraph.
County:
Okeechobee County
Attn: County Administrator
304 NW 2nd Street
Okeechobee, Florida 34972
City:
City of Okeechobee
Attn: City Manager
55 SE 3rd Avenue
Okeechobee, FL 34974
Section 18. Public Records
A. Pursuant to section 119.0701, Florida Statutes, the COUNTY and the CITY shall:
i. Retain all records in accordance with Chapter 119.
ii. Keep and maintain public records required in order to perfoiiii the Agreement's
requirements.
iii. Upon request from the CITY or COUNTY custodian of public records, provide the
public agency with a copy of the requested records or allow the records to be
inspected or copied within a reasonable time at a cost that does not exceed the cost
provided in State Statute or as otherwise provided by law.
iv. Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements and are not disclosed except as authorized by law
for the duration of the Agreement term and following completion of the Agreement.
v. If the COUNTY or CITY, in their respective sole discretion, requests a copy of all
Public records in possession of the other party, the COUNTY or CITY shall
duplicate and provide to the records, at no cost, all Public records in possession
within a reasonable amount of time and in a format that is accessible.
B. Pursuant to Section 119.0701(2)(a), Fla. Stat., IF THE COUNTY HAS
QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119,
FLORIDA STATUTES, TO THE COUNTY'S DUTY TO PROVIDE
PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT
THE CITY'S CUSTODIAN OF PUBLIC RECORDS AT: LANE
GAMIOTEA, CMC, CITY CLERK, (863) 763-9814,
LGAMIOTEA@CITYOFOKEECHOBEE.COM, 55 SE 3RD AVE.,
OKEECHOBEE, FL 34974.
C. Pursuant to Section 119.0701(2)(a), Fla. Stat., IF THE CITY HAS QUESTIONS
REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA
STATUTES, TO THE CITY'S DUTY TO PROVIDE PUBLIC
Page 8 of 10
RECORDS RELATING TO THIS AGREEMENT, CONTACT THE
COUNTY'S CUSTODIAN OF PUBLIC RECORDS AT: ROBBIE L.
CHARTIER, COUNTY ADMINISTRATOR, AT 863-763-6441, EXT 1;
publicrecords@co.okeechobee.fl.us; MAILING ADDRESS: 304 NW 2nd
Street, ROOM 123, OKEECHOBEE, FL 34972.
Section 19. Third Parties. The parties hereto do not intend, nor shall this Agreement be construed
to grant any rights, privileges, or interest to any third party.
Section 20 Entire Agreement. This Agreement, including attachments hereto, if any, constitutes
the entire agreement between the CITY and the COUNTY. No change will be valid, unless made
by supplemental written agreement, executed and approved by the parties.
Section 21. Headings The section headings are inserted herein for convenience and reference
only, and in no way define, limit or otherwise describe the scope or intent of any provisions hereof.
Section 22 Severability. Should any section or any part of any section of this Agreement be
rendered void, invalid, or unenforceable by any court of law, for any reason, such determination
shall not render void, invalid, or unenforceable any other section or any part of any section in this
Agreement.
Section 23. No Construction a ' ainst Preparer This Agreement has been prepared jointly by
the COUNTY and the CITY and their respective professional advisors. The County, City and their
respective professional advisors believe that this Agreement expresses their agreement and that it
should not be interpreted in favor of either the County or City or against the County or City merely
because of their respective efforts in preparing it.
Section 24. Governing Law. The validity and interpretation of this Agreement shall be governed
by the laws of the State of Florida, and venue shall be in the Nineteenth Judicial Circuit in
Okeechobee County, Florida. Each party waives any defense of improper or inconvenient venue
as to the stated court and consents to personal jurisdiction in the stated court.
Section 25 Amendment No amendment, modification or alteration of the terms hereof shall be
binding unless the same be in writing, dated concurrent or subsequent to the date hereof and duly
executed by the parties hereto.
IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed
by their duly authorized representatives.
Page 9 of 10
APPROVED this day of 2020, by the Okeechobee County Board
of County Commissioners.
OKEECHOBEE COUNTY, a political
subdivision of the State of Florida
By:
Attest: Terry W. Burroughs, Chairman
Board of County Commissioners
Sharon Robertson, Clerk of the Circuit
Court and Comptroller
Approved as to Form and Legality for
Okeechobee County:
Wade Vose, County Attorney
APPROVED this day of 2020, by the Okeechobee City Council.
CITY OF OKEECHOBEE, Florida, a
municipal corporation of the State of Florida
By:
Attest: Dowling R. Watford, Jr., Mayor
Lane Gamiotea, CMC, City Clerk
Approved as to Form and Legality for
Okeechobee County:
John J. Fumero, City Attorney
Page 10 of 10
Potential Cost of Providing Fire Service to the City of Okeechobee
Year One
Year Two
Year Three
Position
Hourly Rate
Annual Salary
Annual Salary
Annual Salary
Fire/Medic
$ 14.8068
$ 43,117.40
$ 44,410.92
$ 45,743.25
Fire/Medic
14.8068
$ 43,117.40
$ 44,410.92
$ 45,743.25
Fire/Medic
14.8068
$ 43,117.40
$ 44,410.92
$ 45,743.25
Fire/Medic
14.8068
$ 43,117.40
$ 44,410.92
$ 45,743.25
Fire/Medic
14.8068
$ 43,117.40
$ 44,410.92
$ 45,743.25
Fire/Medic
14.8068
$ 43,117.40
$ 44,410.92
$ 45,743.25
*Fire Engine requires
Driver/Engineer &
Lieutenant
Cost of promotions*
$ 19,654.38
$ 20,244.01
$ 20,851.33
Incentives
Incentives
Incentives
Inspector Incentitive
3 @ 0.50/hr
$ 4,368.00
$ 4,368.00
$ 4,368.00
Degree Incentive (AS)
4 @ 0,2232/hr
$ 2,599.83
$ 2,599.83
$ 2,599.83
Salaries Subtotal with incentives Only per year
$ 285,326.62
$ 293,677.39
$ 302,278.67
Other
Other
Other
FLSA OT (Garcia Act)
$ 22,904.73
$ 23,591.87
$ 24,299.62
FLSA OT (absentee coverage)
$ 8,703.80
$ 8,964.91
$ 9,233.86
Holiday Pay
$ 9,772.49
$ 10,065.66
$ 10,367.63
Sub Total Salaries per year
$ 326,707.63
$ 336,508.86
$ 346,604.13
Benefits
Benefits
Benefits
FICA
$ 24,993.13
$ 25,742.93
$ 26,515.22
**Additional increase in FRS
rate changes est. 4%/yr
Retirement**
$ 86,574.91
$ 92,741.84
$ 99,345.06
Worker's Comp
$ 20,321.21
$ 20,930.85
$ 21,558.78
Health/Life Insurance
$ 65,694.00
$ 66,350.94
$ 67,346.20
Sub Total Benefits per year
$ 197,583.26
$ 205,766.56
$ 214,765.26
TOTAL SALARIES/BENEFITS per year
$ 524,290.89
$ 542,275.42
$ 561,369.39
Start up cost
Annual
Annual
Medical Examination
$370 each
$ 2,220.00
I $ 2,220.00
$ 2,220.00
Uniforms
$1,000 each
$ 6,000.00
$ 3,000.00
$ 3,000.00
***Maybe reduce
depending on
age of City gear
Safety Gear***
$4,000 each
$ 24,000.00
$ 24,000.00
$ -
General Liability Insurance
$1,015 each
$ 6,090.00
$ 6,394.50
$ 6,714.23
Bunk Room Furniture /Lockers etc.
$ 10,000.00
$ -
$ -
Misc (HR, Training, etc)
$500 each
$ 3,000.00
$ 3,000.00
$ 3,000.00
Total Projected Cost per year
$ 51,310.00
$ 38,614.50
$ 14,934.23
TOTAL PARAMEDIC COST PROJECTION per year
$ 575,600.89
$ 580,889.92
$ 576,303.61
Cost of Fire Inspector
Year One
Year Two
Year Three
Position
Hourly Rate
Annual Salary
Annual Salary
Annual Salary
Fire Inspector
$ 28.00
$ 58,240.00
$ 59,987.20
$ 61,786.82
Sub Total salaries
$ 58,240.00
$ 59,987.20
$ 61,786.82
Benefits
Benefits
Benefits
FICA
$ 4,464.10
$ 4,589.02
$ 4,726.69
**Additional increases in
Year 2&3 from FRS rate
changes est. 2.54%/yr
Retirement*
$ 5,058.22
$ 5,339.14
$ 5,638.70
Worker's Comp
$ 3,622.53
$ 3,731.20
$ 3,843.14
Health/Life Insurance
$ 10,949.00
$ 11,058.49
$ 11,224.37
Sub Total Benefits per year
$ 24,093.85
$ 24,717.86
$ 25,432.90
Start Up Costs
Other
Other
Vehicle (amort. 10 yrs)
$28,000.00
$ 2,800.00
$ 2,800.00
$ 2,800.00
Medical Examination
$370.00
$ 370.00
$ 370.00
$ 370.00
Uniforms
$1,000.00
$ 1,000.00
$ 500.00
$ 500.00
"Maybe reduce
depending on
age of City gear
Safety Gear***
$4,000.00
$ 4,000.00
$ -
$ -
General Liability Insurance
$1,015 each
$ 1,015.00
$ 1,065.75
$ 1,119.04
Office Furniture/Computer etc
$ 10,000.00
$ -
$ -
Misc (HR, Training, etc)
$500 each
$ 500.00
$ 500.00
$ 500.00
Total Projected Cost per year
$ 19,685.00
$ 5,235.75
$ 5,289.04
TOTAL FIRE INSPECTOR COST PROJECTION per year $ 102,018.85
$ 89,940.81
$ 92,508.75
1
TOTAL PERSONNEL COSTS PROJECTIONS per year
$ 677,619.74
$ 670,830.73
$ 668,812.37
OTHER COST CONSIDERATIONS
Coverage during Activation of EOC
unkn
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Maintenance of Apparatus
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Aerial Truck Training
40 hour class
$ 3,000.00
$ -
$ -
Fuel
4 vehicles
$ 7,400.00
$ 7,400.00
$ 7,400.00
Vehicle Insurance
4 vehicles
$ 4,580.00
$ 4,809.00
$ 5,049.45
Tires
4 vehicles
$ -
$ 20,000.00
2500 sq ft.
Storage Buildings (amort. 30 year)
$ 150,000.00
$ 5,000.00
$ 5,000.00
$ 5,000.00
$ 19,980.00
$ 37,209.00
$ 17,449.45
$ 697,599.74
$ 708,039.73
$ 686,261.82
Cbmmffi+far
Bobbie Jenkins 14cm f l U1 . r
From: Jennifer Tewksbury <jennifer@economiccouncilofokeechobee.org>
Sent: Tuesday, May 19, 2020 10:16 AM
To: Mayor Dowling R. Watford, Jr.
Cc: Lane Gamiotea; Bobbie Jenkins; Marcos Montes De Oca
Subject: Public record submittal 5/19/20
Attachments: ECO letter to City RE interlocal for fire services.pdf; Letter to County RE fire interlocal
agreement.pdf, ECO edits to IA with City & County RE Fire Rescue Service version 2.pdf
Mayor Watford,
Please see the attached statement from the Economic Council. I've also included our past statement to the
Board of County Commissioners for your reference along with a revised interlocal agreement as proposed by
the ECO Board of Directors. I am submitting these documents as a matter of public record for your agenda
item this evening.
If you have any questions or concerns, please do not hesitate to contact either myself or any member of my
Board of Directors. I will attend your meeting if space permits.
Mrs. Gamiotea, I will drop off a signed copy for your records.
Thank you,
Jennifer M. Tewksbury
EXECUTIVE DIRECTOR I IXI I LLmxj
863.467.0200
jennifer@economiccouncilofokeechobee.org
1679 NW 9th St • Okeechobee, FL 34972
www.economiccouncilofokeechobee.org
Eco
Economic Council of
Okeechobee
May 18'1,2020
The Honorable Dowling R. Watford Jr.
City of Okeechobee
55 SE 3rd Avenue
Okeechobee, Florida 34974
RE: Interlocal agreement for fire rescue services
Mayor Watford:
Economic Council of Okeechobee
1679 NW 9" Street
Okeechobee, Florida 34972
(863) 467-0200
The Economic Council of Okeechobee continues to support the merger of our local fire departments to
reduce redundant local spending without compromising our public safety. Attached you'll find additional
documents from the ECO relative to your discussion on the interlocal agreement with Okeechobee
County for fire rescue services.
Also included is a revised agreement as proposed by the ECO Board of Directors. In summary, the
proposed revisions provide for the following:
• Maintaining the contract execution date as January 1, 2021 while extending the term to 5 years
• The County to purchase all necessary City fire equipment for use, eliminating the lease
alternative and obligation to repair and maintain equipment
• Removal of the obligation to fund 10% of the construction costs of a new fire station
• Total cost to not exceed that which would be generated by the existing County Fire/EMS fee
structure if applied to City properties
Please keep in mind, moving forward with an agreement of this nature will eliminate $6.7 million in
redundant spending in the City over the course of the next decade.
The Economic Council appreciates the City Council's continued efforts to seek the most effective ways to
keep the public safe with our limited tax dollars. We also thank you for consistently keeping the public
informed of this discussion. Please do not hesitate to contact me if you have any questions on the
statement provided.
Respectfully,
Jennifer M. Tewksbury
Executive Director
Economic Council of Okeechobee County, Inc.
e
Eco
Economic Council of
Okeechobee
And the Economic Council Board of Directors,
Keith Walpole
Walpole Inc.
Chairman
Jeff Sumner
Sumner Engineering and Consulting, Inc.
Immediate Past -Chair
Ashley Tripp
Tripp Electric Motors
Treasurer
Brandon Tucker
The Tucker Group, LLC
Director
Sharon Covey
Edward Jones Investments
Director
Sandy Perry
Okeechobee Health Care Facility
Director
Frank Irby
Retired Chief Executive
Director
Economic Council of Okeechobee
1679 NW 9`h Street
Okeechobee, Florida 34972
(863)467-0200
Wes Williamson
Williamson Cattle Company
Chair -Elect
Dawn Hoover
Gilbert Family of Companies
Secretary
Stephanie Mitrione
Florida Power & Light Company
Director
Steve Dobbs
Steven L Dobbs Engineering, LLC
Director
Melissa Kindell
Everglades Pediatric Dentistry
Director
Mack Worley
G. M. Worley Inc.
Director
Attached:
Letter to Okeechobee County Board of County Commissioners RE initial draft interlocal agreement
Agreement revisions as recommended unanimously by ECO Board of Directors
CC:
Wes Abney
Monica Clark
Bob Jarriel
Bobby Keefe
John Fumero
Marcos Montes De Oca
Eco
Economic Council of
Okeechobee
April 29`h, 2020
Commissioner Terry Burroughs
Okeechobee County Board of County Commissioners
304 NW 2nd Street
Okeechobee, Florida 34972
Economic Council of Okeechobee
1679 NW 9" Street
Okeechobee, Florida 34972
(863)467-0200
RE: Interlocal agreement with the City of Okeechobee for fire rescue services
Chairman Burroughs:
While the Economic Council continues to support the merger of the city and county fire departments, the
contract as initially proposed by the County cannot be supported by our organization. There is no end to
the potential costs for City taxpayers to engage in this agreement as presented, defeating the purpose of
seeking to operate public safety more efficiently and effectively with our limited taxpayer dollars.
Included are proposed revisions to the initial contract as recommended by the Economic Council Board of
Directors via unanimous vote at their regular meeting on April 29`h, 2020. Furthermore, the ECO
recommends the contract cost to the city residents not exceed the amount which would be generated by
the current county fire/rescue fee structure.
The ECO thanks the Board of County Commissioners and County Staff for the continued will to execute
a mutually beneficial agreement that will ultimately serve our entire community better over the long term.
Our Council has long supported the City and County working together on this initiative to provide a more
efficient public service for the people and businesses of this community.
If our organization may be of any assistance now or in the future relative to this matter, please do not
hesitate to contact me.
Respectfully,
Jennifer M. Tewksbury
Executive Director
Economic Council of Okeechobee County, Inc.
(863)467-0200
CC:
Bryant Culpepper
David Hazellief
Brad Goodbread
Kelly Owens
Robbie Chartier
Wade Vose
INTERLOCAL AGREEMENT BETWEEN OKEECHOBEE COUNTY AND THE CITY OF
OKEECHOBEE FOR FIRE SERVICES
THIS INTERLOCAL AGREEMENT ("Agreement") is made and entered into by and between
Okeechobee County, Florida, a political subdivision of the State of Florida, by and through its Board
of County Commissioners ("COUNTY") and the City of Okeechobee, Florida, a municipal
corporation organized and existing under the laws of the State of Florida, by and through its City
Council ("CITY").
WITNESSETH
WHEREAS, the CITY has maintained a high level of professional fire services for the
benefit of the citizenry thereof; and
WHEREAS, the CITY is desirous of maintaining a high level of professional fire services in
conjunction and harmony with its policies of sound fiscal management going forward; and
WHEREAS, the CITY is therefore desirous of contracting with the COUNTY for the
COUNTY to provide fire services for the benefit of the CITY's residents; and
WHEREAS, the COUNTY has agreed to render to the CITY a high level of professional fire
services upon the teens and conditions set forth herein.
NOW THEREFORE, in consideration of the mutual terms, conditions, promises, covenants
and payments hereinafter set forth, and for other good and value consideration the receipt and
adequacy of which is hereby acknowledged, the parties hereto mutually agree as follows:
Section 1. Recitals. The recitals set forth above are incorporated herein by reference and made a part
of this Agreement.
Section 2. Services.
A. Primary Services. The COUNTY hereby agrees to provide fire services, which include
fire suppression, rescue operations, mass casualty incident response, major disaster response,
and dispatch and communication services, plus all support services required to provide such
services including, but not limited to, supervision, training, equipment maintenance, supplies
and procurement. Additionally, the COUNTY hereby agrees to provide fire prevention
services as it relates to pre -development planning, plan submittal review, development and
post occupancy fire inspections, and fire and building code administration, all of which is
collectively referred to herein as "Fire Services" within the boundaries of the CITY as legally
described in Exhibit A, which is attached hereto and made apart hereof by reference, and
which area shall be automatically amended in the event of future annexation(s), subject to an
equitable adjustment in expenses which are to be reflected in an amendment to this
Agreement.
Page 1 of 10
B. Additional Services. The COUNTY and CITY will also provide the following additional services:
i. The COUNTY shall conduct inspections pursuant to the Florida Fire Prevention Code
("Fire Code") and all applicable Florida Statutes and Administrative Codes. The COUNTY
shall assume authority and responsibility to enforce the Florida Fire Prevention Code. Such
enforcement requires inspection of each new building subject to the Florida Fire Prevention
Code and includes periodic inspections of each existing building subject to the Florida Fire
Prevention Code.
ii. Water providers. Without cost to the COUNTY, the CITY shall ensure that the CITY's
water purveyors provide adequate fire flow and hydrants, as determined by the COUNTY,
for fire protection and training purposes within the CITY.
iii. Fire Hydrant Inspections. The CITY and COUNTY shall work with OUA to ensure that
OUA annually inspects all fire hydrants within the CITY ensuring proper clearance and that
an appropriate hydrant street marker is installed. The CITY and COUNTY shall work with
OUA to ensure that OUA installs replacement markers as needed. The CITY and COUNTY
shall work with OUA to ensure that OUA flow tests and flushes fire hydrants within the
CITY annually.
iv. Fee Schedule Adoption. The COUNTY adopts a published fee schedule setting forth the
cost of various services provided by the COUNTY. The CITY agrees that the current fee
schedule and any additional fee schedules adopted by the COUNTY pursuant to enforcement
of the Fire Prevention Code shall be effective for Fire Services provided within the CITY
upon the Commencement Date of Services. The current COUNTY adopted fee schedule is
attached hereto as Exhibit B. The CITY shall remit to the COUNTY, no less than quarterly
per each fiscal year, the amounts set forth in the attached Exhibit B for each applicable
permit issued by the CITY. Said fee schedule may be updated from time to time by the
COUNTY and shall be incorporated into this Agreement without further amendment to this
Agreement upon written notification to the CITY.
Section 3. Effective Date and Term. This Interlocal Agreement and any subsequent amendment
hereto shall be effective upon signing by both of the parties and recording with the Okeechobee
County Clerk of the Circuit Court as provided by Section 163.01 (11), Florida Statutes. The provision
of Fire Services shall commence at 8:00 a.m. on January 1, 2021, ("Commencement Date of
Services") and end at 8:00 a.m. on January 1, 242-4 2026, unless this Agreement is otherwise
extended.
Section 4. CITY's Base Payments for Services and Adiustments.
A. In exchange for the COUNTY's provision of the services set forth herein, and together
with all of the CITY's other obligations set forth herein, the CITY shall pay to COUNTY, no
later than January 15th in the specified year, the following amounts for each of the specified
years of the term of this Agreement ("Base Payments for Services"):
Page 2 of 10
Year 1 (January 1, 2021 through December 31, $ 697,599.74 or an amount not to exceed the assessed value of City
2021) properties as generated by the County's existing fire rescue fee structure
Year 2 (January 1, 2022 through December 31, $ 708,039.73 or an alllollnt not to exceed the assessed value ol'City
2022) properties as generated by the County's existing fire rescue fee structure
Year 3 (January 1, 2023 through December 31, $ 686,261.82 or an amount not to exceed the assessed value of City
2023) properties as generated by the County's existing fire rescue fee structure
Page 3 of 10
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Section 5. Personnel. As of the Commencement Date of Services, the COUNTY intends to hire six (6)
firefighter/ paramedics and one (1) fire inspector as a result of additional work necessitated by the
services contemplated in this Agreement. There is no guarantee that any particular firefighter/ paramedic
or fire inspector will be hired to fill the positions in the COUNTY. Existing employees of the CITY will
be given local preference, to the extent it is otherwise applicable to a given individual, in accordance with
the COUNTY's existing collective bargaining agreement (hereinafter "CBA"); provided, however, no
other preference will be given to former City employees unless otherwise provided by Federal, State, or
County law or under the CBA. Persons to be hired to fill the positions with the COUNTY shall be hired in
accordance with the COUNTY's existing standards and procedures, and no exceptions shall be granted
from the COUNTY's standards and requirements for newly hired personnel by virtue of this Agreement.
CITY personnel who wish to apply for a position with the COUNTY's fire department should apply to
the COUNTY no later than October 1, 2020. Attached as Exhibit C hereto is a description of the
personnel hiring requirements for the COUNTY's fire department. All perquisites for newly hired
personnel, including, but not limited to pay, benefits, retirement, and seniority, shall be as prescribed in
the then existing CBA of the Okeechobee County Fire Department.
Section 6. Vehicles. On the Commencement Date of Services, the CITY- COM "I Y shall lease to the
rn�r purchase and the COUNTY shall lease from the CITY, one (1) ladder truck (VIN
), one (1) fire engine (VIN ), and one (1) staff truck (VIN
), together with all firefighting equipment and apparatus used in connection with
the vehicles.,
Ve 1upon the following g • a diti The purchase amount shall be
E ie6t�v0 he o ciiiccc vrrcrr� c--ccriir�-ui=ect-ivi=tcr'trivtrr.
$1.00.
i. The rental amount shall be $ 1.00 per- year, payable ifi efle Riffil) SHM Of $3.00 OR OF befeFe the
aeknowledb
ed by beth parties. The CITY shall retain title to the Vehieles duFing the term of tkis
Agr-eemeat> and in the event of the termination or atker end to this Agreement,
sueh Vehicles' replacements) sh.,ll be returned to the CITY
Page 4 of 10
Section 7. Equipment and supplies.
A. On the Commencement Date of Services, the CITY shall transfer, free and clear of all liens or
encumbrances, all bunker gear (a/k/a turn -out gear), aad air packs and radio equipment owned by
the CITY to the COUNTY.
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Section 7. Equipment and supplies.
A. On the Commencement Date of Services, the CITY shall transfer, free and clear of all liens or
encumbrances, all bunker gear (a/k/a turn -out gear), aad air packs and radio equipment owned by
the CITY to the COUNTY.
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Page 5 of 10
Section 9. CITY Payments toward Building Construction Costs; Interim Use of CITY's Apparatus
Storage Bays.
B. From the Commencement Date of Services through January 1, 2022, the CITY agrees to allow
COUNTY to exclusively utilize and occupy, with 24 hour access thereto, the CITY's apparatus storage
bays located at to house the Vehicles and equipment necessary
to provide the services contemplated by this Agreement.
Section 10. Retirement Plan Liability. The CITY will retain all liability for any unfunded retirement
plan liability for all former CITY employees. The City will also retain all liability for any vested
retirement benefits of all former CITY employees, such as, but not limited to, health insurance
maintenance payments. The COUNTY will not be responsible for and will not accept any liability
regarding any former CITY employees that arises from their former employment with the CITY.
Section 11. Reports to CITY by COUNTY. The COUNTY shall make a written report two times a year
setting forth statistical information concerning the provision by the COUNTY of fire services in the
CITY. Such reports shall include the number and type of incidents and service calls, number of plans
reviewed, number of site plans reviewed, and number of inspections conducted.
Section 12. General Liability for Conduct of Former City Employees. The CITY shall remain solely
responsible for any and all claims and litigation alleging negligence or wrongdoing by the CITY or any
CITY Fire Rescue employee due to the conduct of any CITY Fire Rescue employee, or others within the
CITY, occurring before the Commencement Date of Services. The CITY will defend, indemnify, and
save harmless the COUNTY, including all of its boards, agencies, departments, officers, employees,
agents, and volunteers against any and all claims, demands, lawsuits, liability, judgments, debts, loss,
damages, and expenses (including, but not limited to, costs and legal fees) including, but not limited to
those arising from injuries or death of persons, and for damages to property, arising directly or indirectly
out of any CITY Fire Rescue employee's actions or inaction occurring prior to the Commence Date of
Services.
Page 6 of 10
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B. From the Commencement Date of Services through January 1, 2022, the CITY agrees to allow
COUNTY to exclusively utilize and occupy, with 24 hour access thereto, the CITY's apparatus storage
bays located at to house the Vehicles and equipment necessary
to provide the services contemplated by this Agreement.
Section 10. Retirement Plan Liability. The CITY will retain all liability for any unfunded retirement
plan liability for all former CITY employees. The City will also retain all liability for any vested
retirement benefits of all former CITY employees, such as, but not limited to, health insurance
maintenance payments. The COUNTY will not be responsible for and will not accept any liability
regarding any former CITY employees that arises from their former employment with the CITY.
Section 11. Reports to CITY by COUNTY. The COUNTY shall make a written report two times a year
setting forth statistical information concerning the provision by the COUNTY of fire services in the
CITY. Such reports shall include the number and type of incidents and service calls, number of plans
reviewed, number of site plans reviewed, and number of inspections conducted.
Section 12. General Liability for Conduct of Former City Employees. The CITY shall remain solely
responsible for any and all claims and litigation alleging negligence or wrongdoing by the CITY or any
CITY Fire Rescue employee due to the conduct of any CITY Fire Rescue employee, or others within the
CITY, occurring before the Commencement Date of Services. The CITY will defend, indemnify, and
save harmless the COUNTY, including all of its boards, agencies, departments, officers, employees,
agents, and volunteers against any and all claims, demands, lawsuits, liability, judgments, debts, loss,
damages, and expenses (including, but not limited to, costs and legal fees) including, but not limited to
those arising from injuries or death of persons, and for damages to property, arising directly or indirectly
out of any CITY Fire Rescue employee's actions or inaction occurring prior to the Commence Date of
Services.
Page 6 of 10
Section 13. Worker's Compensation. CITY agrees that it will remain fully responsible for any and all
workers' compensation injuries to CITY employees that occurred while the employees were employed by
the CITY. This shall include, but is not limited to, any claims filed after the Commencement Date of
Services if the injury in question occurred prior to the Commencement Date of Services. This obligation
shall continue in perpetuity. CITY agrees to maintain any required insurance premiums, service fees, third
party administrator fees, excess insurance coverage (if any) in order to be sure all dates of injury prior to
the date the employment with the CITY is terminated is fully funded and not the responsibility of the
COUNTY. It is further agreed that the CITY shall defend, reimburse, indemnify, and hold harmless the
COUNTY for any injuries occurring during all employees' employment with the CITY.
Section 14. Records Retention. The CITY shall maintain all records pursuant to the CITY's retention
schedule, in accordance with state and federal laws, and any litigation holds in effect as of the Effective
Date. CITY staff will maintain and provide the COUNTY access to the CITY's fire prevention records
for a minimum of two (2) years or for such other minimum retention period(s) as may otherwise be
applicable to the public records involved. Such records include but are not limited to fire code permits,
construction permits, special use permits, code enforcement complaints, and inspection records. All costs
associated with maintaining the current database shall be the responsibility of the CITY.
Section 15. Indemnification/Sovereign Immunity. Except as otherwise specifically provided in the
Agreement, neither party shall be liable for the negligent or wrongful acts of the other party in the
performance of this Agreement. Nothing in this Section is intended to serve as a waiver of each of the
Parties' respective sovereign immunity.
Section 16. Default.
A. Notice of Default; Cure Period. In the event a party to this Agreement fails to perform
pursuant to the terms and conditions of this Agreement, the party to which an obligation to
perform is owed shall provide the non-performing party written notice of said non-performance,
upon receipt of which notice the non-performing party will have thirty (30) days to cure such
default or otherwise comply with any request for performance. If non-performance continues
beyond such thirty (30) -day period, the complaining party may pursue any and all available legal
remedies.
B. Failure to Give Notice of Default. A party's failure to give, or delay in giving, any notice of
default shall not by itself constitute a waiver of the non-performing party's obligations,
requirements or covenants under this Agreement. Any failure or delay by one party to assert any
rights and remedies as to the non-performance of the other party shall not operate as a waiver of
any default by the other party nor any rights and remedies available to that party.
Section 17. Notices. Any notice, demand, request, or other instrument which may be or is required to be
given or delivered under this Agreement shall be deemed to be delivered (i) whether or not actually
received, five (5) days after deposited in the United States mail, postage prepaid, certified or registered
mail, return receipt requested, or (ii) when received (or when receipt is refused) if
Page 7 of 10
delivered personally or sent by a nationally -recognized overnight courier, all charges prepaid, at the
addresses of COUNTY and CITY as set forth in this paragraph. Such address may be changed by written
notice to the other party in accordance with this paragraph.
County: City:
Okeechobee County City of Okeechobee
Attn: County Administrator Attn: City Manager
304 NW 2nd Street 55 SE 3rd Avenue
Okeechobee, Florida 34972 Okeechobee, FL 34974
Section 18. Public Records.
A. Pursuant to section 119.0701, Florida Statutes, the COUNTY and the CITY shall:
i. Retain all records in accordance with Chapter 119.
ii. Keep and maintain public records required in order to perform the Agreement's requirements.
iii. Upon request from the CITY or COUNTY custodian of public records, provide the public
agency with a copy of the requested records or allow the records to be inspected or copied within
a reasonable time at a cost that does not exceed the cost provided in State Statute or as otherwise
provided by law.
iv. Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements and are not disclosed except as authorized by law for the duration of the
Agreement term and following completion of the Agreement.
v. If the COUNTY or CITY, in their respective sole discretion, requests a copy of all Public
records in possession of the other party, the COUNTY or CITY shall duplicate and provide to the
records, at no cost, all Public records in possession within a reasonable amount of time and in a
format that is accessible.
B. Pursuant to Section 119.0701(2)(a), Fla. Stat., IF THE COUNTY HAS QUESTIONS
REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
COUNTY'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT,
CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS AT: LANE GAMIOTEA, CMC,
CITY CLERK, (863) 763-9814, LGAMIOTEA@CITYOFOKEECHOBEE.COM, 55 SE 3RD
AVE., OKEECHOBEE, FL 34974.
C. Pursuant to Section I I9.0701(2)(a), Fla. Stat., IF THE CITY HAS QUESTIONS REGARDING
THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CITY'S DUTY TO
PROVIDE PUBLIC
Page 8 of 10
RECORDS RELATING TO THIS AGREEMENT, CONTACT THE COUNTY'S CUSTODIAN
OF PUBLIC RECORDS AT: ROBBIE L. CHARTIER, COUNTY ADMINISTRATOR, AT 863-
763-6441, EXT 1; publicrecords@co.okeechobee.fl.us; MAILING ADDRESS: 304 NW 2nd Street,
ROOM 123, OKEECHOBEE, FL 34972.
Section 19. Third Parties. The parties hereto do not intend, nor shall this Agreement be construed to
grant any rights, privileges, or interest to any third party.
Section 20. Entire Agreement. This Agreement, including attachments hereto, if any, constitutes the
entire agreement between the CITY and the COUNTY. No change will be valid, unless made by
supplemental written agreement, executed and approved by the parties.
Section 21. Headings. The section headings are inserted herein for convenience and reference only, and
in no way define, limit or otherwise describe the scope or intent of any provisions hereof.
Section 22. Severability. Should any section or any part of any section of this Agreement be rendered
void, invalid, or unenforceable by any court of law, for any reason, such determination shall not render
void, invalid, or unenforceable any other section or any part of any section in this Agreement.
Section 23. No Construction against Preparer. This Agreement has been prepared jointly by the
COUNTY and the CITY and their respective professional advisors. The County, City and their respective
professional advisors believe that this Agreement expresses their agreement and that it should not be
interpreted in favor of either the County or City or against the County or City merely because of their
respective efforts in preparing it.
Section 24. Governing Law. The validity and interpretation of this Agreement shall be governed by the
laws of the State of Florida, and venue shall be in the Nineteenth Judicial Circuit in Okeechobee County,
Florida. Each party waives any defense of improper or inconvenient venue as to the stated court and
consents to personal jurisdiction in the stated court.
Section 25. Amendment. No amendment, modification or alteration of the terms hereof shall be binding
unless the same be in writing, dated concurrent or subsequent to the date hereof and duly executed by the
parties hereto.
IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed by their duly
authorized representatives.
Page 9 of 10
APPROVED this day of
Commissioners.
Attest:
2020, by the Okeechobee County Board of County
Sharon Robertson, Clerk of the Circuit Court and
Comptroller
Approved as to Form and Legality for
Okeechobee County:
Wade Vose, County Attorney
APPROVED this day of
Attest:
Lane Gamiotea, CMC, City Clerk
OKEECHOBEE COUNTY, a political
subdivision of the State of Florida
Terry W. Burroughs, Chairman
Board of County Commissioners
2020, by the Okeechobee City Council.
Approved as to Form and Legality for the City of Okeechobee:
John J. Fumero, City Attorney
CITY OF OKEECHOBEE, Florida, a municipal corporation of the State of Florida
M
Dowling R. Watford, Jr., Mayor
Page 10 of 10
Commmfor
Lane Gamiotea Ifem U1 . F
From: Tammy Barbour <tammyrbarbour@aol.com>
Sent: Monday, May 18, 2020 3:47 PM
To: Lane Gamiotea
Subject: City Council Meeting 5/19/2020
am emailing in reference to the City Council Board meeting that is being held on Tuesday, May 19, 2020 @ 6:OOpm. It
has been brought to my attention that there will be limited seating due to capacity levels, the meeting will also be
streamed through Zoom, and concerns and/or comments may be emailed and then read aloud during the meeting by
the City Clerk. I would like to add my concerns and comments to be read during said meeting;
" I have done a little research on several issues with the closure of The City Fire Department. I have read over the
proposed contract agreed on by the BOCC that has been forwarded back to The City Council for agreement. I do have
several questions regarding this closure. Is not the purpose of the City Council to look after the best interests of the City
of Okeechobee residents? Yet, the residents will not have any say so regarding this decision of closing their fire
department? Does putting 13 people out of work even cause you to toss and turn at night? This is 13 families that will no
longer have this income, 13 families that are going to become the statistic of unemployment. Granted, according to this
proposal contract, OCFR will hire six (6) new employees, which NONE of those new positions are guaranteed to any of
the 12 firefighters losing their jobs. Sure, they can go elsewhere, which has been said a time or two, where exactly? Fire
departments look for recruits fresh out of school that will eventually retire from their station, it's not likely they hire
firefighters that are over a certain age. Yes, some of these firefighters have 15-20 years on the job, some even more,
however, that also means they're at least 35-45 years old; (if they started this career at 18). How is that looking out for
the best interests of your city employees?
The OCFD hasn't went over budget in five years, why are they the first to cut because the City of Okeechobee has
budget issues? How is it that the current City Attorney came in at a higher bid, but got the job anyway, if the City of
Okeechobee is so over budget? Which we can't say "because they are already familiar with everything" because so is the
OCFD. Why is the City Fire Captain's proposal not even being seriously considered instead of being tossed away like an
obstruction to some backroom plan to shut down the OCFD? Which leads to this; the Florida State Statute 112.313
Section 7A, states;
7) CONFLICTING EMPLOYMENT OR CONTRACTUAL RELATIONSHIP.—
(a) No public officer or employee of an agency shall have or hold any employment or contractual relationship with any
business entity or any agency which is subject to the regulation of, or is doing business with, an agency of which he or
she is an officer or employee, excluding those organizations and their officers who, when acting in their official capacity,
enter into or negotiate a collective bargaining contract with the state or any municipality, county, or other political
subdivision of the state; nor shall an officer or employee of an agency have or hold any employment or contractual
relationship that will create a continuing or frequently recurring conflict between his or her private interests and the
performance of his or her public duties or that would impede the full and faithful discharge of his or her public duties.
Therefore, I am curious as to how several of the City Council Board Members, do in fact have personal relationships with
businesses in Okeechobee and yet sit on the City Council able to vote on such decisions effecting the City of
Okeechobee?
In closing, I am asking this question for nearly 500 Okeechobee residents (at the time of writing this email), that have
signed a petition that was posted on one Facebook page, and shared over a hundred times, have absolutely no say in
this decision? Is this not their fire department? Are those not their firefighters? Doesn't the fire trucks and equipment
being used belong to them? After all, it is the "tax payers" money that buys such things, is it not?
I currently do not reside in Okeechobee anymore, but I have many family members that do. I personally know people
that are employed by OUR as well as OCFD, I understand how both departments operate, I also personally know people
that have been employed by both departments. When I was made aware that the City of Okeechobee's City Council
Board intends to close the Okeechobee City Fire Department, I became very concerned for my children, my
grandchildren, many aunts, uncles, nieces and nephews, and their safety. I am also concerned with response times being
longer if my family needs assistance. I am concerned for taxes they will now have to absorb because of this closure, and I
am concerned for the City of Okeechobee's history being erased as of it never happened. Things such as the OCFD, the
City Park, the buildings on park street, the livestock market, these things all make Okeechobee what it is, why is it so
important to become "modern" anyway? Why put 13 people in an unemployment line just stop "kicking a can" or "keep
up with times"?
Ask your residents. This issue, at the very least should be implemented on a ballot for the citizens of Okeechobee to
decide, not left up to five people on a board, that claim to have the best interests of these citizens as their main priority.
It doesn't seem as if the citizens interests are not even being considered at all.
Thank you for your time,
Tammy R. Barbour
firLaUmmmf -fir-
Lane
ne Gamiotea I- e m a F
From:
Alyssa Weeks <alyssa1101weeks@aol.com>
Sent:
Tuesday, May 19, 2020 1:48 PM
To:
Lane Gamiotea
Subject:
Public Comment
I am emailing the City Council Board in reference to the possibility of the City Fire Department closing. I am a city
resident and have three small children, one whom is asthmatic. My main concern of course would be the amount of
time it will take for the county fire department to reach my home verses the amount of time it will take the city fire
department to reach my home, if needed in an emergency situation. The county fire department is always so busy
handling accidents, medical situations, and all other emergency calls, that it seems they are always stretched thin.
Okeechobee County is a very large area to have to provide emergency services for. Which is why I feel that I, personally
can only benefit from the city fire department remaining open and servicing the city limits within Okeechobee County.
Lane Gamiotea
From: Okeechobee City
Sent: Tuesday, May 19, 2020 8:13 PM
To: Lane Gamiotea
Subject: FW: Public Comment May 19, 2020 City Council Meeting
From: Okeechobee City
Sent: Tuesday, May 19, 2020 8:12 PM
To: Robin Brock <rbrock@cityofokeechobee.com>
Subject: Public Comment May 19, 2020 City Council Meeting
Commerttfor
Ikm VI. F
Melissa King
Good evening councilmen,
I see the section 16 listing the default criteria, and after hearing the discussion to city council's desired changes to the
contract presented by the county with regards to transferring those certain vehicles to the county, what contingencies
are in place to obtain those vehicles back in case of default by the county? And what consideration has been given to the
re -start up cost of purchasing vehicles or other equipment at the end of the 5 year contract if the city wants to have
their own department back? Thank you.
Monica Clark
From: Monica Clark <monica@gladesac.com>
Sent: Monday, May 04, 2020 3:14 PM
To: 'codenava7@hotmail.com'
Subject: RE: City Fire Department
Ms. Navarrete,
Thank you for contacting me about the Fire Department. Unfortunately the City cannot balance their budget
without going into savings every year. It is my job to be fiscally responsible to all the taxpayers of the city and to look at
all possibilities of saving that 1.2 million deficit or the City will go bankrupt. The fire department was the first place we
started to explore and have not come close to making a decision since we have not received a proposal from the
County. We also ask this to be on the ballot but the county refused and in this situation we have to have the city and
the county agree.
The fire assessment is a little more complicated, the County has many more residents than businesses to
spread the money and is very affordable. In the City we have a small residential population and so the business people
bear the burden of tax dollars and possible assessments. In the City fire study done about 4 years ago the average
resident would pay approximate $440.00 as a fire assessment and a church such as First Baptist would pay about
$30,000 because it is based on square footage. Due to the disparity of the assessment from the county versus the city
these churches would much rather pay the county assessment which in First Baptist Church's case would be
$10,000. The reason we are looking at the fire department is that there are many more residents and businesses that
have pressed us into merging the two fire departments than against so that we could lower the City taxes, which are
some of the highest in the state. All I can promise is that we will be very diligent in looking into all possibilities (such as
ambulance services), take care of the men and women that have served us at the City while taking all the taxpayers into
consideration.
Thank you,
Monica Clark
City Council Member
From: Monica Clark [mailto:mclark@cityofokeechobee.com]
Sent: Monday, May 04, 2020 10:28 AM
To: Council Member Clark
Subject: FW: City Fire Department
From: Hilda Navarrete <codenava7@hotmail.com>
Sent: Saturday, May 2, 2020 5:54 PM
To: Monica Clark <mclark@cityofokeechobee_com>
Subject: City Fire Department
I have property in both the city and county. I am very upset you guys are even considering giving up the fire
department to the county. Especially during this time, when you guys should be hiring more first responders,
not getting rid of them. Leaving all this people unemployed as well. Especially some that have served the city
for over 10 years. Why can't this be put in the ballot for all residents to vote? In the county I pay a fire
assessment which is not included in the city. I believe most citizens would pay this so we can continue to have
a fast response. I can not believe this subject has gotten this far because of Councilmen Jarriel and Keefe.
Please be the voice of us in the city... that is a luxury of BEING in the city..... extra police and firefighters and a
faster response. In that case I would be living in the outskirts of the county..
City resident,