Loading...
08-25-2011 COMMUNICATIONS INTERLOCAL AGENCY - GOVERNING '`' BOARD August 25, 2011 — Monthly Meeting Minutes DRAFT The August meeting was held pursuant to public notice at the City of Port Orange, City Council Chambers, 1000 City Center Circle, Port Orange, Florida on August 25, 2011. The meeting was called to order at 9:01 a.m. A role call was taken with Mayor Allen Green, Councilmembers Jack Grasty and Ted Cooper present. Also in attendance was Board Council Margaret Roberts. The regular minutes of the July meeting were reviewed and accepted with unanimous approval from the Board. There were no Public Comments and Correspondence. There were no comments from the Governing Board Members, City Managers and Customer Agency Chiefs. Nor There were no Committee and Project Reports. There were no Director's Reports. There were no Attorney Reports. There was no Unfinished Business. Under New Business Shannon Lewis, Assistant City Manager for Port Orange, presented an amended Agreement for Fire /Rescue Incident Records Management Services" between the cities of South Daytona and Ponce Inlet. Ms. Lewis noted that the changes made were under paragraph 4, Administrative Organization, noting that the City of Port Orange will continue to be the administrative support. Also changed was the elimination of Paragraph 8, indemnification, at the Board Attorney's request, due to changes in the law. A motion to approve was made by Mr. Cooper, with a unanimous vote to approve both contracts with South Daytona and Ponce Inlet. Mayor Green asked Ms. Lewis how the transition was going to be made on October 1. Ms. Lewis explained that it had been decided to move the go -live date forward to the Thursday before, and that way we're not switching over at `r' midnight on a Friday night. This gives us an opportunity in case something did go wrong, we would still have employees at RCC and we wouldn't be in the N middle of one of the busiest nights of the week. Mr. Cooper asked if we had been in test mode yet. Ms. Lewis responded that no, the 9 -1 -1 line has not been tested yet, though RCC employees had been in training with County. Mr. Bubb stated that he wasn't sure if the 9 -1 -1 line could actually be tested until the switch was thrown. Mr. Bubb addressed Mr. Cooper's fears of not testing the line whereby the infrastructure, as it is now, does have an automatic rollover to the County, in case RCC lines went down. Ms. Lewis assured the Board that we, on the RCC side, would be as prepared as we could possibly be, for any problems that arise from the switching over of the lines. Ms. Lewis asked for approval for the Extended Discovery Endorsement recommended by the insurance company. The Employment Practices Liability Insurance tail would cost $4500.00 and the Public Officials Liability tail would cost $6500.00 and both should be extended. This insurance will be carried by PG!T through Brown and Brown. Ms. Lewis recommended that these expenses be approved as the insurance will protect against any wrongful labor practice suits that may arise. Mr. Grasty made a motion to approve the expense of the additional insurance coverage, with a unanimous vote by the Board to carry these insurance policy tails. There were no Summary Comments from the Governing Board members. Nr The meeting was adjourned at 8:16 a.m. Now EMPLOYMENT AGREEMENT COMMUNICATIONS INTERLOCAL AGENCY This AGREEMENT made and entered into on this day of 2011 by and between the Communications Interlocal Agency, an interlocai agency pursuant to Section 163.01, Florida Statutes (hereinafter referred to as "the Agency ") and Kimberly LeVan (hereinafter referred to as "Ms. LeVan ".) WHEREAS, the Agency desires to enter into an Agreement with an individual to provide administrative support services related to the closing of the regional communications center, including but not limited to termination of the employee pension plan, inventory reconciliation and disposal of equipment and materials and audit support; and WHEREAS, the Communications Interlocal Agency Governing Board has requested that Ms. LeVan provide such administrative services due to her knowledge of the management and operations of the regional communications center; and WHEREAS, the Executive Board shall invoice the cities of Port Orange, New Smyrna Beach and Edgewater for their proportionate share of the expense. ,,,, NOW THEREFORE, the Agency and Ms. LeVan, in consideration of the manual covenants herein agree in respect of the performance of administrative support services by Ms. LeVan and the payment for those services by the Agency as set forth below. 1. TERM: The Term of the Agreement shall be for fourteen weeks (14) weeks commencing on October 1 2011. By executing the Agreement, Ms. LeVan expressly acknowledges that she is not entitled to any usual customary benefits, terms and conditions of employment with the Agency, with the exception of the specific benefits, terms and conditions of employment outlined in this Agreement. Ms. LeVan understands and expressly agrees that she is a contract employee for all purposes, including any federal or state statute or constitutional proviso, and that she may not be deemed or construed to be a regular (non - contract) employee of the Agency. Ms. LeVan and the Agency agree that only an employment -at -will relationship exists between the parties and that the Agreement incorporates the complete and only terms of the parties' relationship. Ms. LeVan specifically understands that she has no constitutional property interest in her employment with the Agency. Now ,, 2. SCOPE OF SERVICES: ow A. Ms. LeVan shall provide administrative support to the Agency in order to fully and properly close out the regional communications center in accordance with all applicable laws, regulations and agreements. She may work with City of Port Orange staff from the Finance Department, City Manager's Office, City Attorney's Office and others in carrying out the required services. It may also be necessary to work directly with the Agency partner cities of New Smyrna Beach and Edgewater. B. Ms. LeVan shall be responsive to the needs of the Executive Board, shall perform in accordance with Agency programs, policies and procedures, and shall utilize any forms and manuals provided by the Agency and the Executive Board. C. Ms. LeVan shall work under the supervision of the Executive Board and its designee, Kenneth W. Parker, hereafter "Designee ", and shall perform in accordance with the Agency's standards of employee performance and conduct. The Executive Board shall advise Ms. LeVan in writing of a change in the Designee. D. Ail records, including digital information, video tapes and audio tapes, related to the contract services performed for the Agency shall be subject to the N ,. Florida Public Records Laws and shall be maintained and made available in accordance with those laws and public records policies and procedures of the Agency and the Executive Board. Records shall be made available to the Designee without question, upon request by the Designee, in accordance with the requirements of law. Citizen requests for such records shall be processed through the Agency. All records, including all types of electronic records, related to the contract and services performed there under shall be the property of the Agency at the end of the contract, or at the end of the Agency's fiscal year, or upon demand of the Designee, whichever occurs first. 3. AGENCY'S RESPONSIBILITIES: The Agency shall do the following in a timely manner so as not to delay services of Ms. LeVan: A. To promptly pay such fees as are due and payable to Ms. LeVan according tothe schedule set forth in this Agreement or amendments thereto, for services authorized and performed; B. To appoint the Designee as provided for herein with respect to particular work to be performed under this Agreement, which representative shall have low 2 ,, complete authority to transmit instructions, receive information, and transmit written interpretations and definitions; and C. Provide all criteria and full information as to the Agency's requirements, including objectives and standards which the Agency is required to enforce. 4. AUTHORIZATION OF WORK: All work to be performed by Ms. LeVan under this Agreement shall first be authorized by the Designee or its authorized representative. 5. COMPENSATION: In consideration of the services rendered by Ms. LeVan, the Agency agrees to pay her a bi- weekly sum of $1,863.20. The Agency shall deduct, bi- weekly, from that amount, Federal Income Tax withholding and Social Security. Ms. LeVan shall not receive annual, sick leave or holiday benefits; nor shall she receive medical, dental, life or any other benefits, pension or compensation. 6. GENERAL PROVISIONS: If any provision, or any portion thereof contained in the Agreement is held to be unconstitutional, invalid or unenforceable, the remainder of the Agreement, or portion thereof, shall be deemed severable, shall not be affected, and shall remain in full force and effect. This Agreement shall be governed by the laws of the State of Florida. In the event of litigation under the Agreement, the prevailing party shall be entitled to recover attorneys' fees, and related expenses and court costs. Any litigation arising out of the Agreement shall be entered into a court with the appropriate jurisdiction in Volusia County, Florida. The Agreement is the sole and complete Agreement between the parties, and all prior agreements or understandings are extinguished by the Agreement. The Agreement may only be amended by a written document signed by both parties. By execution of the Agreement, neither party shall waive any vested rights or remedies otherwise available to them. w 3 7. NOTICE: For purposes of this Agreement notice shall be delivered by U.S. Mail to the Parties at the following address: For the Communications Interiocal Agency: Executive Board Communications Interiocal Agency c/o City of Port Orange City Manager 1000 City Center Circle Port Orange, Florida 32129 For the Service Provider: Kimberly LeVan 1550 Voico Road Edgewater, Florida 32141 IN WITNESS WHEREOF, the parties hereto have caused the Agreement to be duly executed by affixing their signatures thereto on the date indicated. WITNESSED: Witness Kimberly Le Van Date: Witness Kenneth W. Parker, Designee Executive Board Date: Now 4 AMENDMENT NUMBER 1 TO SEPARATION AGREEMENT BETWEEN THE COMMUNICATIONS * ` r "" INTERLOCAL AGENCY AND KIMBERLY LEVAN THIS AMENDMENT is entered into this day of . 2011. by and between Communications Interlocal Agency ( "Agency "), a public entity created pursuant to Section 163.01(7), Florida Statutes. and KIMBERLY LEVAN and his /her heirs. executors. and administrators (collectively to herein as "Employee "). WHEREAS. the Agency and the Employee entered into a Separation, Waiver and Release Agreement on August 22, 2011; and WHEREAS, the Agency and the Employee desire to modify the Agreement. NOW THEREFORE, in consideration of the mutual covenants contained herein and for other good and valuable consideration, the Agency and Employee, hereby agree to the following amendment: • Item 2(a). — Obligations of Agency — Severance Payment: Delete this paragraph and replace it with the following paragraph: "2(a). Severance Payment. A monetary payment in an amount equal to 6 weeks of salary or 55,589.60 will be paid on or about January 13, 2012. The payment shall be reduced by the legally required deductions for income tax, Social Security and Medicare." The Agency and the Employee agree that all other terns and conditions of the original agreement are hereby ratified and continue in full force and effect. 'oft ow IN WITNESS WHEREOF, the parties hereto have duly executed this Amendment the day and year written above. WITNESS: EMPLOYEE By: Kimberly LeVan Date: WITNESS: AGENCY By: Kenneth W. Parker Executive Board Date: low AMENDMENT NO. 2 COMMUNICATIONS INTERLOCAL AGENCY EMPLOYEE DEFINED CONTRIBUTION PLAN The Plan named above gives the Employer the right to terminate the Plan. According to that right the Plan is amended effective October 1, 2011 to terminate the Plan as of October 1, 2011 (the Plan's termination date) and amend the Plan as follows as of the above amendment effective date or such other date(s) as provided below: By adding the following as the second paragraph in Section 7.01: Notwithstanding the provisions of this article, a Participant or Beneficiary who would have been required to receive required minimum distributions (described in Section 7.03) for 2009 but for the enactment of Code Section 401(a)(9)(H), and who would have satisfied that requirement by receiving distributions that are (i) equal to the 2009 required minimum distributions or (ii) one or more payments in a series of substantially equal distributions (that include the 2009 required minimum distributions) made at least annually and expected to last for the life (or life expectancy) of the Participant, the joint lives (or joint life expectancy) of the Participant and the Participant's Designated Beneficiary, or for a period of at least 10 years, will not receive those required minimum distributions for 2009 unless the Participant or Beneficiary chooses to receive such distributions. Solely for purposes of applying the provisions of Section 10.02, required minimum distributions made for 2009, will be treated as Eligible Rollover Distributions. This amendment is made an integral part of the aforesaid Plan and is controlling over the terms of said Plan with respect to the particular items addressed expressly herein. All other provisions of the Plan remain unchanged and controlling. Unless otherwise stated on any page of this amendment, eligibility for benefits and the amount of any benefits `■" payable to or on behalf of an individual who is an Inactive Participant on the effective date(s) stated above, shall be determined according to the provisions of the aforesaid Plan as in effect on the day before he became an Inactive Participant. Signing this amendment, the Employer, as plan sponsor, has made the decision to adopt this plan amendment. The Employer is acting in reliance on its own discretion and on the legal and tax advice of its own advisors, and not that of any member of the Principal Financial Group or any representative of a member company of the Principal Financial Group. Signed this day of , COMMUNICATIONS INTERLOCAL AGENCY By: Title w Subtype 101006 1 (5- 18463)