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2020-09-21 Item VII.D. Ex 08 CITY OF OKEECHOBEE 55 SE THIRD AVENUE OKEECHOBEE, FL 34974 Phone: (863)763-3372 www.cityofokeechobee.com Okeechobee City Council Mayor Dowling R. Watford, Jr. Wes Abney Monica Clark Bob Jarriel Bobby Keefe ______________________________________________________________________ MEMORANDUM To: City Council Members & City Administrator From: John Fumero & Carlyn H. Kowalsky, City Attorneys Subject: Update on Proposed Fire Services Interlocal Agreement Date: August 28, 2020 At its meeting on July 21, 2020, the City Council directed the City Attorney to negotiate with the County to develop a proposed Interlocal Agreement for Fire Services (the Agreement). Since that time we have had several conference calls with the Okeechobee County Attorney to discuss specific terms and conditions. Attached hereto as Exhibit 1 is a draft agreement which I believe reflects terms and conditions that are generally acceptable to Okeechobee County (the County). As you know, neither the County Attorney, nor the City Attorney, have the authority to agree to any specific terms or conditions. Key provisions of the Agreement include:  In exchange for the County’s provision of the fire services set forth in the Agreement, the City shall pay to County, no later than January 15th each year, an amount equal to the sum of the aggregate assessment of amounts for all properties lying within the City boundaries, as calculated underutilizing the County’s then current fire rescue assessment fee structure.  The County adopts a published fee schedule setting forth the cost of various services provided by the County. The City agrees that the current County fee schedule and any additional fee schedules adopted by the County pursuant to the Fire Prevention Code shall be adopted by the City, and become effective for Fire Services provided by the County within the City.  The Agreement provides for a 5 year term which may be extended agreement of the parties.  The County will offer positions to listed employees at the rates of pay and rank shown on the exhibit attached to the Agreement.  Employees may elect to transfer their pension to the Florida Retirement System offered by the County or may choose to stay with the City Pension Fund. The details of this option and the process is subject to review by City pension attorney.  All City employees hired by the County are subject to the Collective Bargaining Agreement for the Okeechobee County Fire Department.  The City will transfer ownership of listed vehicles and other equipment to the County at no cost to the County.  All or part of City employee annual leave and medical leave may be transferred to the County upon receipt of payment from the City equal to the value of the transferred annual and medical leave up to the maximum allowable h ours under the County CBA  The City will provide the County with exclusive access to the City Fire Station. However, the County will not this facility as a station for responding to service calls. Upon commencement of services, the County will pay the utility bills.  The County will provide quarterly written reports containing information about fire services as specified in the Agreement. To assist in understanding the comparative compensation between the County and the City, the County prepared the spreadsheet attached hereto as Exhibit 2, which among other things, identifies projected compensation at the County over a three-year period of time. Marcos is scheduling a meeting with the County Administrator to discuss and agree upon the underlying findings and analysis codified in the spreadsheet, and ensure there is an “apples to apples” comparison. The numbers in the spreadsheet are estimates, and are subject to change, based on final decision s regarding the specific individuals who actually apply for, and obtain, positions with the County. The structure of the Agreement contemplates that when the parties are ready to execute it, the County will have determined which employees it will hire. That step has not yet occurred. Please note that there are seven open positions at the County Fire Department, which are comprised of six paramedic positions and one inspector position. Our goal is to present this matter to City Council at the September 21, 2020 meeting. In the meantime, Marcos and I are available to schedule one-on-one briefings with City Council. As always, please let us know if you have any questions or comments. Attachments: 1. DRAFT Interlocal Agreement. 2. Worksheet prepared by County showing employees and proposed salaries. Draft - August 28, 2020 Page 1 of 8 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; and WHEREAS, the City and the County find and determine that this Agreement constitutes a contract for services, wherein the City has not divested ultimate authority to supervise and control, based on numerous factors, including but not limited to: the relatively short time period of this Agreement, after which the City has the option to resume the direct provision of fire services; the City's continued maintenance and supervision of a pension plan in which transferring firefighters may continue to participate; the County's provision of fire services, consisting of personal services and equipment, to the City as an independent contractor; the City's entitlement to receive reports from the County concerning the provision of fire services pursuant to the provisions of this Agreement; and the City's entitlement to pursue any and all available legal remedies in the event of County's default under this Agreement. 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 and Exhibits. The recitals set forth above are incorporated herein by reference and made a part of this Agreement. The following Exhibits are attached to this Agreement and are part of it. Draft - August 28, 2020 Page 2 of 8 Exhibit A Employees Exhibit B Retirement Plan Election Form Exhibit C Vehicles and Equipment 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 they may from time to time exist according to Florida law. 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. 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 by the County within the City upon the Commencement Date of Services. 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. The City shall remit to the County, no less than quarterly each fiscal year, the fire plan review fees and inspection fees collected by the City for each applicable permit issued by the City. County shall direct bill those fees not to be collected by the City in conjunction with a permit issuance. 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 April 1, 2021, (“Commencement Date of Services”) and end at 8:00 a.m. on October 1, 2026, unless this Agreement is otherwise extended. Draft - August 28, 2020 Page 3 of 8 Section 4. City Payments for Services. In exchange for the County’s provision of the services set forth herein, the City shall pay to County, no later than January 15th each year, an amount equal to the sum of the aggregate assessment amounts for all properties lying within the City boundaries, as calculated utilizing the County’s then current fire rescue assessment fee structure. However, on April 1, 2021, the City shall make a prorated payment for the partial fiscal year 2021, and fees for future fiscal years shall be prorated for any partial year if necessary. Section 5. Employees. As of the Commencement Date of Services, the County shall hire those employees listed in Exhibit A, who wish to obtain employment with the County at the initial rates of pay and classifications shown in Exhibit A upon the terms and conditions set forth below. The County acknowledges that it has conducted all of its internal hiring processes to the County’s satisfaction, and that such processes indicate that the employees listed on Exhibit A meet the County’s hiring requirements. A. City employees who wish to accept a position with the County’s fire department must notify the County no later than __________, 2021. Those City employees who accept a position with the County are referred to as “Employees” herein. B. All other perquisites not identified on Exhibit A, shall be as prescribed in the collective bargaining agreement between Okeechobee County and Local #2918 I.A.F.F. (hereinafter “CBA”). C. All or part of each Employee's annual leave and medical leave may be transferred to the County, pursuant to the employee's written authorization, upon receipt of payment from the City equal to the value of the transferred annual and medical leave based on pay or compensation as of _________________ up to the maximum allowable hours under the CBA. D. County and City agree that as provided in Florida Administrative Code section 60S, each Employee will have the right to select participation in either the Florida Retirement System or to remain in the City Pension Fund, and that each transferred employee's selection is irrevocable. Each employee shall provide his or her selection in writing on or before ______________, 2021, using the form attached as Exhibit B. E. For all Employees who elect to continue participation in the City Pension Fund, the County agrees to pay to the City Pension Fund the lesser amount of the required employer's annual contribution as determined by the actuary employed by the City Firefighter's Pension Board of Trustees, and as otherwise provided for by State law, or an amount equal to that which the County would have paid to the Florida Retirement System had such Employee been enrolled in that System. The City agrees to fund the City Firefighters' Pension Fund on __________________, 2021, to the level required to make the fund actuarially sound as of __________________, 2021, and to make appropriate payment(s) in the future, as long as there are participants, in order to maintain the actuarial soundness of the Fund should the County's required contribution pursuant to this Agreement not be sufficient to meet the requirement for actuarial soundness. The aforementioned "required employer's annual contribution" will be based on the level of benefits on ________________, 2021, or the level Draft - August 28, 2020 Page 4 of 8 of benefit in a subsequent year, whichever is less. Nothing herein shall prevent the termination of the City Firefighters' Pension Fund as allowed by Florida Statutes as amended. If the Florida Retirement System increases benefits provided to special risk members of that system, the parties agree to review this section. [City pension and labor lawyers must review this section] Section 6. Vehicles and Equipment. On the Commencement Date of Services, the City shall transfer ownership of the City's vehicles and equipment identified in Exhibit C to the County. The City shall transfer the items listed on Exhibit C at no cost and free and clear of any encumbrances or liens. The City shall make such vehicles reasonably available to County no later than ____ days prior to the Commencement Date of Services so the County can property equip the vehicles. Section 7. City Fire Station. From the Commencement Date of Services through _________________, the City agrees to allow County to exclusively utilize and occupy, with 24 hour access thereto, the City’s apparatus storage bays located at __________________________________ (“City Fire Station”) to house the vehicles and equipment necessary to provide the services contemplated by this Agreement. The County will not use the City Fire Station as a station for responding to calls for service. During the term of this Agreement, the County shall pay for the water, sewer and electric utility bills for the City Fire Station. Check with Chief on status of this item. Section 8. 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 9. Reports to City by County. A. The County shall make quarterly written reports to the City setting forth statistical information concerning the provision by the County of fire services in the City that include the following information: a. Calls for service based on units responding b. Response Time reports, trends and other relevant performance data c. Citizen complaints and their status/disposition d. Encumbered times for units by day of week e. Fire prevention activities (past month and planned current month) f. Annual inspections and re-inspections including progress toward all required annual inspections. B. For fire protection calls, County shall make every reasonable effort to respond within established National Fire Protection Association (NFPA) 1221 and 1710 standards. Draft - August 28, 2020 Page 5 of 8 Section 10. 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. Section 11. 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 12. 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 13. 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 14. 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. Draft - August 28, 2020 Page 6 of 8 B. Failure to Give Notice of Default. A party’s failure to give, or delay in giving, an y 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 15. 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 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 Attn: County Administrator 304 NW 2nd Street Okeechobee, Florida 34972 City of Okeechobee Attn: City Administrator 55 SE 3rd Avenue Okeechobee, FL 34974 Section 16. 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 Draft - August 28, 2020 Page 7 of 8 PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CITY’S CUSTODIAN OF PUBLIC RECORDS AT: LANE GAMIOTEA, CMC, CITY CLERK, (863) 763-3372, EXT. 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 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 17. 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 18. 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 19. 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 20. 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 21. 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 22. 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 23. 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. Draft - August 28, 2020 Page 8 of 8 IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed by their duly authorized representatives. APPROVED this ____ day of ______________ 2020, by the Okeechobee County Board of County Commissioners. Attest: Sharon Robertson, Clerk of the Circuit Court and Comptroller Approved as to Form and Legality for Okeechobee County: Wade Vose, County Attorney OKEECHOBEE County, a political subdivision of the State of Florida By: __________________________________ Terry W. Burroughs, Chairman Board of County Commissioners APPROVED this ____ day of ______________ 2020, by the Okeechobee City Council. Attest: Lane Gamiotea, CMC, City Clerk Approved as to Form and Legality for Okeechobee County: John J. Fumero, City Attorney City OF OKEECHOBEE, Florida, a municipal corporation of the State of Florida By: __________________________________ Dowling R. Watford, Jr., Mayor CiLy of U.-C,,-nechobea B'10 r o vj d e d: 9 P 15 / "4-20 2 0 City of Okeechobee Pay Comparsion Dverivew City 00vertime based 06 hog{9sPay co� ,11 -Y -Years o" y1a; in, i d, a t o i -y D T L� i ty base S a ILI e,-), -Li --y LE H111 C, 1�1 �L', d a y P a y E nr�), P El oi y e e Service Ex6`1 1�-Tas, live of KeHy En y i 0- a6- n"'., 7e)' City Adjusted Base Sum of City Base, Holid.RyPay d and 106 hrs of OT Inclusive o 1-1 � � e n t i v e s C i t -y 1 counlcy 9/9/2020 1A-1 e'� Ry 0 _�7 :rl 'a C 0.' on froin'a, L11 ye, 2 T-� S, C 12' -�"-y C 0 ty r YEAR 1Ass1nm-,a,2on for Cit -y Years 2 Sk 3 Salcaries: ino param increase if' 'EMS and/o-r ALS services -,-ire pro-,iidcd � ? C (D 17LI -y Y (a F� -Tf 2 C' a u n,�y Y e, -a --r 3.1 2 3,11,-1-ep 13% Step 3% si-ep 11.5% -T " I I d, e d In C 11 d], C 11 u d! �e d 'esc-L tio- edlic pomn on d, rip ki or base pay C 21, �Iy- y e R S'�'Fep -11.5% N e t L c) s s 6-� 'HIR -T,-L� c U'11-1 d", e J 0 v e r 'S a r s � 40,20-5.48 2 19../ 5 $ 1.400.48 S 439925.51 -S. 45,899.33 1,97-3 .82 $ 49,455.32 $ 50,936.56 ' S 44,584.39 45,2 -5 16 5.2 8.1 13 45,970.54 4 $ 2.652.15 $ 1.601.30 S 50,223.98 employee not considered under proposed MOU 3 40,805.-56 S 2,354.. 4 $ 1,421.49 S 45J84.39 $ 451899.33TS 714.94 S 50 863.86 $ 50,936.56 45.862.1 -5 46,52,50.09 $ 10 103.12 42 $ 40.205.48 2.319.55 $ 1 400.48 S 43,925.51 employee _vee not considered under pro Dred MOU 5 17 $ 54,324.72 3,134.12 1 8 9 2.310 S 60�351.14 48.736.30 11 614.84) 52,533.49 -54 2,48 $ 61 2' D-6.40 62 17-5.2-5 2- (28�:381.52' 6 26 $ 55,139.00 emplo3ii.-.,.c. not considered under proposed MOU 12 2 33.67 502,914.833 1,759.90 S 55,198.39 S 4",179.54 $ (8,018.85) $ D-0,863.86 52,390.49 56�026.37 $ :56�866.76 -J- (17fi57.64`, 0 3 9. 0 -2 5. 9.2- 2 2 5 1.5 0 $ 1.359.39 S 42,636.81 employee not considered Linder proposed MOU 9 28 79, 164.70 employ. -,--.e not considered under proposed MOU 10 0 39�025.92 2,251.50 $ 1 _5 9.339 425636.81 45�826.61 189.80 4 9 45 5. 3 2 $, 5) 0 13 863.86-1 4.) 2 7 6.3 6 43,925.51 16,307.11 11 1-11 49.427.48 x,551.591,721.71 $ 54�000.78 S 4 7, 11179.54 (6.,821.24), 49 382.63 82.63 $ 52�3 9 0.49 5 418 10. 79 555f,632.95 (I D-,491.86)1 e L2 0 9 10/15.92 $ 2�251.50 1 $ I 3 59.39 1 S 42�636.81 S 11 455826.61 189.80 $.1 49,382.62 $ 50863.86 43 276.'36 43,925.51 16234.41 13 20 43,435.00 employee not considered under proposed MOU 7 positions are certified Paramedics or are participating in the Paramedic program 3 positions are not certified and are not attending Paramedic prograrn 3 positions not anticipated to be acconu-nodated with Fire Service Charge Illustrative Step of Hire with County will be determined by: highest employee's years of service with City to migrate to county as Step 3, remainig prorated and hired at Steps I and 2 (numbers above reflect an average 8.6 years of service per Step, subject- to change, based on acutal employees migrating and years of service with city) Kelly clay is --not Included as annual leave or mandatory overitime, bascially a benefit approy-1--i-mat-ed as a -L-VVo shifts per quarter given off.