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2021-05-18 Ex 09 (Items added) 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 Carlyn H. Kowalsky, Assistant City Attorney Re: First Amendment to Fire Services Interlocal Agreement DATE: May 7, 2021 ______________________________________________________________________ The City and Okeechobee County executed an Interlocal Agreement on December 18, 2020 whereby the County would begin to provide Fire Services to the City beginning on June 1, 2021. Under the current agreement, the deadline for City firefighters to obtain their paramedic certificate was May 1, 2021. Because a number of firefighters were not on track to meet that deadline, the County has agreed to extend the date to begin providing fire services to the City until August 2, 2021. The proposed amendment to the Interlocal Agreement will allow additional time until June 15, 2021 for City firefighters to meet the county’s requirement to obtain a paramedic certificate. The proposed Amendment to the Interlocal Agreement is attached and also extends the date for transferring employees to elect their pension plan. Staff has notified all affected employees of this important development. Page 1 of 5 FIRST AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN OKEECHOBEE COUNTY AND THE CITY OF OKEECHOBEE FOR FIRE SERVICES This First Amendment to Interlocal Agreement (“Amendment”) 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, effective December 18, 2020, pursuant to Section 163.01, Florida Statutes, the City and the County entered into that certain Interlocal Agreement between Okeechobee County and the City of Okeechobee for Fire Services (“Interlocal Agreement”), recorded at File No. 2020012508 of the Official Records of Okeechobee County, Florida; and WHEREAS, the City and the County find it mutually advisable to amend the Interlocal Agreement to adjust the Commencement Date of Services, to adjust other dates related thereto, and to make such other amendments as re set forth herein; and WHEREAS, for purposes of this Amendment, underlined type shall constitute additions to the original text of the Interlocal Agreement, and strikethrough shall constitute deletions to the original text of the Interlocal 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. Section 3 of the Interlocal Agreement is amended as follows: 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 7:00 8:00 a.m. on August 2 June 1, 2021, (“Commencement Date of Services”) and end at 7:00 8:00 a.m. on October 1, 2026, unless this Agreement is otherwise extended. Section 2. Section 4 of the Interlocal Agreement is amended as follows: 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 an annual 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 Page 2 of 5 fire rescue assessment fee structure. The County shall invoice the City and the City shall remit payments to the County on a quarterly basis payable no later than the first day of each calendar quarter. However, on August 2 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 3. Section 5 of the Interlocal Agreement is amended as follows: Section 5. Employees. A. 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 (with the exception of the NFPA compliant pre-employment medical examination, and the pre- employment drug screen) 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, that the respective individuals successfully complete the NFPA compliant pre-employment medical examination, and the pre-employment drug screen, within 30 days prior to the Commencement Date of Services, and that each respective individual obtain his or her paramedic certification on or before June 15 May 1, 2021. B. 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 June 15 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 (with the exception of the NFPA compliant pre-employment medical examination, and the pre- employment drug screen) 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, and that the respective individuals Page 3 of 5 successfully complete the NFPA compliant pre-employment medical examination, and the pre-employment drug screen, within 30 days prior to the Commencement Date of Services. 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. C. 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 shall be abolished. Upon the termination of employment of any employee occupying a Temporary Position, the City shall not thereafter be responsible for fully funding that Temporary Position, and that Temporary Position shall be abolished. Upon the second anniversary of the Commencement Date of Services, the City’s obligation to fully fund all still-existing Temporary Positions shall terminate, and such still-existing Temporary Positions shall be abolished. D. City employees who wish to accept a position with the County’s fire department must notify the County no later than January 15, 2021. Those City employees who accept a position with the County are referred to as “Employees” herein. All Employees hired by the County will end their employment with the City on the Commencement Date of Services. E. 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.. F. County and City agree that as provided in Section 121.011(3)(b)2., Florida Statutes, and 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 Plan, and that each transferred employee's selection is irrevocable. Each employee shall provide his or her selection in writing on or before July 1 May 1, 2021, using the form attached as Exhibit C. G. For all Employees who elect to continue participation in the City Pension Plan, the County agrees to pay to the City Pension Plan 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 Page 4 of 5 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 Plan 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. Section 4. Preservation of All Other Terms. All other terms of the Interlocal Agreement remain in full force and effect, and are unmodified by this Amendment. Section 5. Recording of Amendment. This Amendment to the Interlocal Agreement 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. [ THIS SPACE INTENTIONALLY LEFT BLANK. ] Page 5 of 5 IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed by their duly authorized representatives. APPROVED this ____ day of ______________ 2021, by the Okeechobee County Board of County Commissioners. Attest: Jerald D. Bryant, 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 ______________ 2021, by the Okeechobee City Council. Attest: Lane Gamiotea, CMC, City Clerk 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 By: __________________________________ Dowling R. Watford, Jr., Mayor � � �� � �� `l-. ; -�' �U � C� C� � 00'� E�. ' '- � Z � � � � �� � T .� ..� C' � �� 1 EM7''�� Glenn Hodges _ _ 3j ;37,493.1600 2 EMT� I �' - -I__--- -- .__ _-- 3 EM7�I MichaelGratton ' 1���, ¢35,340.9600 - - -- - - - - � --- _ _ �� . i- _�._.._ - --- � _-. .... . _ . .. _. - - --- - ....,. � .. I i , , . I- - -- ' - - ---- — ___ _ I � 'IAS OF THIS DATE: 18-MAY-2021 able 1- initial Rates of Pav a I d Classifications Prior to Comoletion of all Countv Paramedic Orientations - � �i � Prioritv Rank Name Entry Base ' I S� �C I -_ � - 1 EM7 Adam Crum 3 ;37,493.1600 FAILED FIRST ATTEMPTISCHEDULED IN 2ND WEEK OF JUNE FOR NATIONAL TEST ' ! 2 EMT Stevie Weeks 3 $36,400J400 Currently A Certified Paramedic I � 3 EM7 Lalo Rodriguez 3 ;36,400.7400 7ESTING FOR IRSC TODAY � I FAILED FIRST ATTEMPT/SCHEDULED JUNE 12TH FOR NATIONAL TEST � �� 4 EMT David Cortez 1 ;35,340.9600 '� 5 EMT Austin Bohn 1 ;35,340.9600 Currently A Certified Paramedic �� �,. 6 EMT Ashton Benet I l l�, �35,340.9600- PIREFIGHTER HAS TAKEN THE TEST TODAY/WILL NOT KNOW TILL TOMORROW i i � �- i !i - i 'i � � I �--- � -� -- - -- - � ; _- UMMARY: AS OF JUNE 1ST, THERE ARE ONLY 2 FIREFIGHTERS ELIGIBLE TO BE HIRED AS PARAMEDICS '� ' — _� (THE OTHER 4 WILL FIGHT FOR THE 3 TEMPORARY POSTIONS/ALL OTHERS WILL NOT BE OFFERED POSITIONS) � - --i , - - - , - ; - Exhibit B , I 'iTEMPORARY POSITIONS FUNDED BY CITY ' I I� � 'o tY����- � _ -- -.-, �I_- - � ------- � ._ _ . . ' _. _ } . � EMT _ Base - Pri n Rank Name Ent i I . 1 = - _ _— .. _ _ _ - - ---- - - - -- -. .. . II_ _� ..- _ II� - .I_ - --- �' . . - � -- ' I� _..--- � - -- - - �I - - - - � -- - -_.-_�-- � �� -- -- -- �I- --� -- - -�-------- -- i _ _ --------- i � _ ..- ... ------- - -�-- - -I --- - - --�--� ,: $