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C . Upon ratification of this agreement, non-firefighter certified ALS employees become eligible for the FLSA 207(k) exemption. They will be placed on the 28-day FLSA work period in accordance with 16 . 01 A. and their pay will be converted to the appropriate pay scale in Article 34 prospectively from the date of ratification by the Board of County Commissioners. If determined by competent authority that the 207(k) exemption does not apply, affected employees will be placed back into a 40-hour work week as previously set forth in the Teamsters Local 769 2005-06 contract, and absences from work will not be counted as hours worked for overtime computation. 16. 02 All FLSA 207(k) exempt shift employees will be granted three (3) "Kelly Days" to be scheduled in such a way that one ( 1 ) "Kelly Day" is allowed each four (4) months of the fiscal year. Such time off shall be scheduled. 16.03 Overtime payment shall be made in the first paycheck after the conclusion of the 28 day cycle for shift employees. 16. 04 The parties recognize that the employees covered by this agreement are essential to the successful operations of County facilities and services during a declared emergency. As such, the parties agree that as a condition of these employees' employment with Indian River County, they must be available and able to report to work and perform assigned duties as directed by management during a declared emergency. The failure to report to work and/or perform assigned duties as directed by management during a declared emergency will be cause for termination of employment with Indian River County. The Emergency Services Director or his designee may allow exceptions to this requirement for extraordinary circumstances at his discretion. 16 . 05 The County shall indemnify, exonerate, and save harmless the Union from any claims and/or judgments against the Employer and/or Union based upon the application of 27