2020-10-20 Ex 06 (Items added)1 | P a g e
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: Mayor Watford and City Council
FROM: John J. Fumero, City Attorney
Re: Proposed Interlocal Agreement between Okeechobee County and the
City of Okeechobee for Fire Services
DATE: October 13, 2020
______________________________________________________________________
Attached for your review and consideration is the proposed Interlocal Agreement for
Fire Services (FSIA). The collective City/County goal is to have a finalized FSIA, with
exhibits, for City Council consideration at the October 20 meeting. City fire personnel
were informed that they must submit completed County employment applications on or
before October 16, 2020, if they wish to be considered for County employment.
Background
At its meeting on July 21, 2020, the City Council directed the City Attorney to directly
negotiate with Okeechobee County to develop a proposed FSIA . Since that time, we
have conducted numerous conference calls with the Okeechobee County Administrator
and County Attorney to discuss specific FSIA terms and conditions. To maintain open
and up-to-date communications, I provided updates on negotiations and outstanding
issues concerning the FSIA at the August 28, 2020, September 3, 2020, September 21,
2020, and October 6, 2020 City Council meetings. On September 18, 2020, the City
Administrator and I conducted one-on-one briefings with each City Council member.
City Council Direction
At the October 6 meeting I reported to City Council on the outstanding FSIA items as
set forth in my October 2, 2020 memorandum. Final City Council direction and
subsequent negotiations with the County encompassed the following:
1. City shall fund a maximum of up to three temporary positions at the County for a
period of no longer than two years. There are 3 City employees who are not
currently in paramedic training but who may enroll in the future. The County will
consider these individuals for employment as temporary employees. In this
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regard, we developed additional FSIA language t o set forth the conditions for up
to three temporary positions at the County. These temporary positions are
intended to allow additional time for City fire personnel to succes sfully obtain
paramedic certification.
2. City Council directed that, in the event that any one of those 7 City fire personnel
currently in the paramedic program are unsuccessful in obtaining paramedic
certification, such individuals shall have priority pref erence (based upon its
seniority at the City) in taking one or more of the 3 tem porary City funded
positions at the County.
3. Regarding the FSIA commencement date, to allow ample time for City fire
personnel to complete paramedic training and become certified, the City Council
signed off on a FSIA commencement date of June 1, 2021.
4. While outside the scope of the FSIA, City Council agreed on the separation
packages for each of the affected fire personnel. Each affected City fire
personnel will be provided with a separation agreement specifying payment
terms and related issues.
Pension and Union issues
Please note that certain aspects of the FSIA are subject to review and approval by
pension and union consultants retained by the City. Two subject matter experts were
retained for the limited purpose of reviewing the pension, labor and union issues
raised by the FSIA. With regard to pension issues, we retained an attorney who is a
specialist in pension law to review the City’s obligations and options regarding City
fire personnel pension obligations. We retained an attorney who is a specialist in
labor and employment issues for the limited purpose of reviewing union and
separation agreement terms.
While the body of the FSIA is generally complete, at the time this memorandum was
prepared, the exhibits are in a process of being finalized. The FSIA included four
substantive exhibits that are incorporated by reference.
Exhibit A - Listed employees to be hired by County
Exhibit B – Temporary positions
Exhibit C - Pension election form
Exhibit D - City's inventory fire vehicles and equipment to be transferred to County
This process is nearing completion. I appreciate your patience and support
throughout the negotiations. Should you have any questions or comments, please
do not hesitate to contact me or the City Administrator.
Thank you.
Dis+nbu.+cd Q+-
Meetmg
LFxhI'M b
004• 2. 2,020
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.
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I*
Exhibit A Employees to be hired by County - County to provide
Exhibit BC*ces
rary Employees -County to provide
Exhibit Cm t Plan Election Form - Carlyn to provide
Exhibit Dles d Equipment - Marcos to provide
Section 2. Se
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 _ , all be
incorporated into this Agreement without further eridment to this gree ent
upon written notification to the City. The City shall remit to the County, no ess
than quarterly each fiscal year, the plan review fees and inspectio fees
collecte �b`yle q-i+ar-mac is a ermit issued by ;the City. C unty shall
direct bill those fees not to be collecte the City in con 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(1.14, Elori
Statutes. The provision of Fire Services shall commence at 8:00 a.m. on June 1, 2021,
("Commencement Date of Services") and end at 8:00 a.m. on October 1, 2026, -unless 1s
Agreement is otherwise extended.
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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 the first day of each calendar
quarter, 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 June 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 seven 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 as of the date of execution of this Agreement, subject to the
requirement that the respective individuals continue to meet such hiring requirements, and that each
respective individual obtain his or her paramedic certification on or before May 1, 2021. In addition,
the County shall also hire up to three City employees as temporary County employees (such
positions to be referred to as "Temporary Positions") and the City shall fully fund those positions
by additional quarterly payments, subject to the following conditions. In the event one or more of
the individuals listed on Exhibit A do not obtain their paramedic certification on or before May 1,
2021, such individuals shall not be hired at the initial rates of pay and classifications shown in
Exhibit A, but will have priority in the order specified on Exhibit A for the Temporary Positions
funded by the City. If any Temporary Positions remain available after the individuals listed on
Exhibit A who need additional time to obtain their paramedic certificate are offered them, the
County shall employ in the Temporary Positions those individuals specified in Exhibit B, in the
order specified therein. 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 B meet the County's hiring requirements for the Temporary Positions as of the date of
execution of this Agreement, subject to the requirement that the respective individuals continue to
meet such hiring requirements. For purposes of clarification, if any individuals listed on Exhibit
A occupy any Temporary Positions, some or all of the individuals listed on Exhibit B will not be
employed by the County pursuant to the terms of this section. If within two years after the
Commencement Date of Services, any employee occupying a Temporary Position becomes a
certified paramedic and a paramedic position becomes available at the County, the County shall
offer such position to such employee occupying a Temporary Position, and upon the employee's
acceptance thereof, the City shall not thereafter be responsible for fully funding that Temporary
Position, and that Temporary Position may be abolished at the discretion of the County. Upon the
second anniversary of the Commencement Date of Services, all still -existing Temporary Positions
shall be subject to abolition and termination at the discretion of the County, and the City shall not
thereafter be responsible for fully funding such Temporary Positions.
A. City employees who wish to accept a position with the County's fire department must
notify the County no later than Robbie to fill in date, 2021. Those City
employees who accept a position with the County are referred to as "Employees" herein.
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M.-
B. 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 the Commencement Date of Services up to the maximum allowable hours
under the County's collective bargaining agreement with Local #2918 I.A.F.F..
C. County and City agree that as provided in Florida Administrative Code section 605, 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
Same date as in S.A., 2021, using the form attached as Exhibit C.
D. 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 the
Commencement Date of Services, to the level required to make the fund actuarially sound
as of the Commencement Date of Services, 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 the Commencement Date of
Services, or the level 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 Section 6., Vehicles and Equipment. "-6n the Commencement Date of Services, the City
shall tr nsfer ownership of the City's vehicles d equipment identified in Exhibit D to the County.
The Ci all transfer the items �Hst�eibit D at no cost and free and clear of any encumbrances
or liens. The ucvehicles reasonably available to County no later than 30 days prior to
the Commencement Dge-ef'Servic's so-* County can property equip the vehicles.
Section 7. Ci Fire Statio Fo wo years fro a Commencement Date of Services, the
City agre s to allow County to ccupy, with 24 hour access thereto, the
City's app or at 55 Southeast 31d Avenue, Okeechobee, Florida 34974
("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.
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
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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.
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
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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.
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 parry 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:
Okeechobee County
Attn: County Administrator
304 NW 2nd Street
Okeechobee, Florida 34972
Section 16. Public Records.
Cam:
City of Okeechobee
Attn: City Administrator
55 SE 3rd Avenue
Okeechobee, FL 34974
A. Pursuant to section 1 19.0701, Florida Statutes, the County and the City shall:
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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 parry, 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) 763-33729 EXT. 98149
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 parry.
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.
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C
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 Prebarer. 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.
IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed
by their duly authorized representatives.
APPROVED this day of
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
2020, by the Okeechobee County Board
OKEECHOBEE County, a political
subdivision of the State of Florida
Terry W. Burtoughs, Chairman
Board of County Commissioners
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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
Dowling R. Watford, Jr., Mayor
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