Fire Services Interlocal Agreement-Amend #1,
Official Records Fi1�21006gZ0 PaSe(s):5
.lerald D Bryant
Cle�rk af the Circuit C.owt & ComPtrdler
pkeechobee, FL Recaded 6J31'102� 1:16 PM
Fees: RECOROING $0.00
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 betweea 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 consritute additions
to the original text of the Interlocal Agreement, and s�c�� shall constitute deletions to the
original text of the Interlocal Agreement.
NOW THEREFORE, in consideration of the mutual terms, conditions, promises,
covenaats 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 5:89 a.m. on Au�ust 2 3�e�, 2021, ("Commencement Date of
Services") and end at 7:00 $:88 a.m. on October 1, 2026, uriless this Agreement is
otherwise extended.
Section 2. Section 4 of the Interlocal Agreement is amended as follows:
Section 4. Citv Pavments 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
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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 Au u�st 2 3��, 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. Emplovees.
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 ��, 2021.
B. In addition, the Counry shall also hire up to three City employees as
temporary County employees (such positions to be refened 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 #�y-�, 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 speciiied
in Exhibit B, in the order specifed 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
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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 ternunate, 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 605, 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 Julv 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
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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. Recordin� 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. ]
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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:
���G�t.l'(�(.�����i�'i'1 — ,� • �� •
Jerald D. Bryant, Clerk of the Circuit Court
and Comptroller
Approved as to Form and Legali for
Okeechobee County: _ _
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Wade Vose, County Attorney
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APPROVED this ���day of 2021, by the Okeechobee City Council.
�;,�„n„k ��u q 4� .,` City OF OKEECHOBEE, Florida, a municipal
;, �: -� �. :° corporation of the State of Florida
OKEECHOBEE County, a political
subdivision of the State of Florida
By: � -r�- /
Terry Burrough hairman
Board of County Commissioners
By: i �� /�-� ��
Dowling R. Watford, Jr., Mayo
Approved as to F'orm and Legality for the
City of Okeec bee:
John J. Fumero, City Attorney
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Okeechobee County, Florida
Board of County Commissioners
304 NW Second Street - Room 123 • Okeechobee, Florida 34972
Telephone 863-763-6441 Ext. 1• Facsimile 863-763-01 18
May 19, 2021
Honorable Mayor powling Watford
City of Okeechobee
55 SE 3`d Ave.
Okeechobee, FL 34974
RE: First Amendment to Interlocal Agreement for Fire Services
Dear Honorable Mayor Watford:
In connection with the above referenced matter, you find enclosed the First Amendment to
Interlocal Agreement for Fire Services. This Amendment is amending the commencement date of
services, and to adjust other dates related thereto.
The Okeechobee County Board of County Commissioners approved this First Amendment at the
May 12, 2021 meeting. Upon your review and approval, kindly execute on page 5 with the City
Clerk attesting, and have your City Attorney execute also on page 5.
Once completed, kindly forward the original executed First Amendment back to me at your
earliest opportunity.
The County continues to look forward in working together in the best interest of all the citizens
of Okeechobee County.
Respectfully submitte
� � .�
Ten��. Burroughs,
Chairman
David E. Hazellief Bryant H. Culpepper Bradley G. Goodbread Terry W. Burroughs Kelly Owens
District 1 District 2 District 3 District 4 District 5