1954-06STATE-MUNICIPAL AGREEMENT
The Florida Industrial Commission, under authority of Chapter
650 Florida Statutes, 1951, as amended, and the City of Clermont.
Florida, a municipal corporation and political subdivision of the
State of Florida, in order to extend to employees of said munici-
pality (except such as are hereinafter excluded) the coverage
of the Old-Age and Survivors Insurance system established by
Title 11 of the Social Security Act (Public Law 734 (H.R. 6000)
81st Congress) hereby agree as follows
1. DEFINITIONS:
for the purposes of this Agreement
(a) The term "employee" means an employee as defined in
Section 2l0 (k) (2) of the Social Security Act and inclUdes any
officer of the municipality.
(b) The term "retlrement system" means a pension, annuity,
retirement, or slmilar fund or system established by the State of
Florida or by a political subdivision thereof.
(e) The term "State Agency" means the Florida Industrial
Commission.
2. SERVlCES COVERED:
This Agreement includes and covers all servlces performed by
individuals as employees of the municipality. EXCEPT:
(a) Any service performed by an employee in a position. which
on the date of federal approval of this Agreement, is covered by a
retirement system.
(b) Services performed by an employee who is employed to
relieve him from unemployment.
(c) Service performed in a hospital, home, or other institu-
t10n by a patient or inmate thereof.
(d) . Covered transportation service (as defined in Section
210(1) of the Social Security Act. as amended).
(e ) Service (other than agricultural labor or service per-
formed by a student) which is or is permitted to be excluded from
employment by any provision of Section 210 (a) of the Social Secur-
ity Act., as amended, other than paragraph 8 of said section.
3. CONTRIBUTION BY EMPLOYEES OF THE MUNICIPALITY
The municipalITY agrees to impose upon its employees as to
services covered by this Agreement., a contribution with respect
to wages (as defined in Section 650.02, Florida Statutes) not
exceeding the amount of tax which would be imposed by' Section 1400
of the Federal Insurance Contributions Act if such services consti-
tuted employment within the meaning of the Act and to deduct the
Page Two of State Municlpal Agreement
amount of such contribution from the wages. as and when paid.
Contributions so collected shall be paid into the "Contribution
Fund" in the State Treasury in partial discharge of the liability
of said municipality, said payments to the Contribution fund to
be made in accordance with regulations of the State Agency. It
is agreed and understood that the failure of said municipality
to deduct such contributions shall not relieve it of liability
therefor. It is further understood and agreed that delinquent
payments due to said Contribution fund bear interest of one-half
of one per cent for each calendar month or part thereof past the
due date, and that same may be recovered by proper court action
against the municipality, or may at the request of the State
Agency, be deducted from any moneys payable to such municipality
by any department or agency of the state.
4. CONTRIBUTIONS BY THE MUNICIPALITY
(a) The municipality represents that it has duly and legally
adopted, and that there is now in full force and effect an ordin-
ance requirlng an appropriation from available funds in its gen-
eral or special funds derived from ad valorem or other sources
which shall be fully sufficient when added to the sums withheld
as contributions from the salaries, wages, or compensation for
personal services performed by employees thereof covered by this
Agreement, to equal the total amount due from sald municipality
to said Contribution fund (employers and employees contrlbutions)
under applicable provisions of said Chapter 65O and of said
Title II of the Social Security Act as amended.
(b) As assurance of its ability to pay its share of the
contribution. which will become due and payable to the State
Agency under the terms of this Agreement. and as assurance that
said contributions will be adequate. the municipality hereby
obligates itself and represents that at all times hereafter there
will be maintained in said appropriation referred to in subsec-
tion (a) above, a sum fully sufficient. to pay its share of the
contrlbution due to the Contribution fund and that same (together
with. contributions deducted from salaries, wages, etc., of .
employees) will be paid promptly .when due, under the regulations
of said State Agency.. .
5. ADMINlSTRATIVE COSTS
The municipality agrees to pay its proportionate part of the
cost of administering said Chapter 650.Florlda Statute. 1951.
as amended. as required by Sectlon 650.05(5) thereof, together
with any lnterest assessed thereon at such times and in such
amounts as the State Agency may by regulation prescribe.
6. REPORTS.. COMPLIANCE WITH REGULATIONS
The municipality agrees that it will make such reports,. in
such form and containing such information. as the State Agency
may from time to time require .The municipality further agrees that
it will comply with all regulations adopted and promulgated by the
State Agency necessary to carry out: the purposes of said Chapter
650, and of. Section 218 of the SOcial Security Act, .as amended.
7. TERMINATION:
. The State Agency is authorized to terminate this Agreement
in its entirety' If it finds that there has been. failure to com-
ply substantially with any applicable law or regulation, or with
any provision contained in this Agreement such termination to
take effect at the expiration of such notice and on such conditions
Page Three of State-Municipal Agreement
as may be provided by regulatlons of the State Agency and be
consistent with applicable provisions of the Social Securlty
Act, and amendments thereto.. .
thlsAgreament sh.all be effeotlve as of October 1. 1954.
(SEAL)
FLORIDA INDUSTRIAL COMMISSION, AS
STATE AGENCY FOR ADMINISTRATION Of
SOCIAL SECURITY ACT.
By
Chairman
.
(SEAL)
Attest:
Secretary
City of Clermont
By
Mayor
Attest
City Clerk