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07-28-2011 COMMUNICATIONS INTERLOCAL AGENCY - GOVERNING BOARD July 28, 2011 — Monthly Meeting Minutes The July meeting was held pursuant to public notice at the City of Port Orange, City Council Chambers, 1000 City Center Circle Port Orange, Florida on July 28, 2011. The meeting was called to order at 9:00 a.m. A role call was taken with Mayor Allen Green, Councilmember's Jack Grasty and Ted Cooper present. Also in attendance was Board Council Margaret Roberts. The regular minutes of the April and May meetings 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. 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 addressed the Board with an update on the transition. Shannon referred the Board to the latest update on the Budget. At this time 15 individuals from RCC will be transitioning to the County. The application process and medical exams with these employees are on going. At this time, the employment process does not include the Director, the Administrative Manager and the Microcomputer Specialist. The County has said that they will be sending out job offers, and at this time, we don't know how many employees will receive them. The Director stated that those who have already received job offers with the County have been offered at least the salary they make now at RCC. Shannon stated that the Executive Board met and asked the Human Resources committee to review the variety of issues that relate to the exiting employees. Health Insurance, pension and a number of other elements have been looked at. .► One of the things that came up was the separation and severance agreements. These figures are included in the budget presented. Director Bubb has a contract, and the Administrative Manager is the only unclassified employee Now working for RCC. The original suggestion was that severance be based on one week per year of service with a twelve week cap for all classified employees and a twenty week cap for the Administrative Manager. As this was being put together, we found that with the new law that went into effect this July the maximum amount of time that can be offered for severance is six weeks. This six week cap is reflected in the new budget. The separation agreements will be provided to all employees by the 5 of August. If the employees execute this agreement, they have a seven day period to rescind the agreement. Mr. Cooper asked if anything had been offered to the Administrative Manager. Shannon replied that as she does not have a contract, she will be offered the same as all other employees, that being six weeks of pay. Severance pay will be provided upon execution of the agreement. Mr. Cooper asked if there was a cost savings with the new legislation on severance pay. Shannon replied that it would be approximately $42,000. Mr. Cooper asked if that was enough to supply every employee at RCC with severance pay. Shannon wasn't sure at this time, as she had not run those figures. Mayor Green stated that he didn't agree with Mr. Cooper and would be more likely to pay more to employees with more years of service. Shannon stated that the Human Resource Board agreed with the Mayor, stating that someone with more years of service should receive more of a severance package. Also included in the new budget are the provisions set in the Director's contract. It has also been decided that there will be no RCC employees at the Center after September 30, 2011. 'rrr A conservative number has been added to the budget for unemployment compensation. This number should protect the Cities in the long run. The cities will have to pay for the interface costs this year, and we had budgeted around $30,000 for both the fire and police side. This number has been reduced as we have received quotes from each of the companies involved. In 2012, we will experience the records conversion costs at about $50,000 a piece. The primary costs associated with fiscal year 2012, are some minor operating costs. There are also software maintenance costs, which we believe we can negotiate downward. We hope to negotiate quarterly or month to month costs with the suppliers. We will continue to review and modify the budget throughout this process. Mr. Cooper asked Mr. Parker if he had any comments to make about the budget at this time. Mr. Parker stated that the Executive Board believed the plan addressed their issues, and believes the budget is very conservative and protects the cities on the downside. A vote was taken by the Governing Board to accept the budget as presented. The Board accepted the budget with a unanimous vote. Mr. Bubb addressed the Board, asking if the Board could perhaps make the IOW Administrative Manager's severance pay run a little further than six weeks. Mayor Green agreed. Mr. Cooper asked to amend the motion. A vote was taken *ow with unanimous approval from the Governing Board. Shannon stated that the next thing on the Agenda was the notice of termination to the Director. Though 90 days notice at this time will exceed the September 30 shut down of the Center, the Director will still be compensated for the whole 90 days as provided to him in his contract as if he is receiving a regular paycheck. After the 90 days is complete, then the severance provision would kick in and the accruals would be paid. The Director had requested some leeway in those payouts, and the Executive Board has recommended that he be allowed these throughout a six month period. The Board made a motion to accept the provisions of payout to the Director with a unanimous vote. The next item is the Resolution to terminate the RCC defined contribution pension plan. There are a number of steps that have to occur between now and September 30 One of the items that are time sensitive is to provide a Resolution to Principal regarding such. The Board Attorney has provided a Resolution for Board approval to terminate the plan. This Resolution does two things. It provides the mechanism for us to move forward with the Separation Agreement which would be provided to the employees, and it also terminates the pension plan which is in accord with IRS provisions. The Board voted to accept the Resolution as provided with a unanimous decision. Next on the Agenda for Board approval is the ETI Statement of Work. This is Now the proposal to create the interface that's needed for records management. It is a total cost of $13,195 which is also included in the budget. The Executive Board did approve this due to the time sensitivity and getting this information to the County and their consultants. The Board made a motion to accept this agreement with ETI and voted unanimously to accept it. Just yesterday an agreement was received from OSSI dealing with the same interface as ETI, but on the police side. This will allow our system to work through the County's Tiburon system until May 2012. Originally the budget had reflected an amount of $30,000 in total cost. The final figure is $11,700 for the project management. The Board made a motion to accept the contract with OSSI with a unanimous decision to approve the contract. The next meeting was scheduled for August 18, 2011. The meeting was adjourned at 9:40 a.m. Approve• by t - Board o •st 25, 2011 By A de •-• Alt Alle Green low COMMUNICATIONS INTERLOCAL AGENCY Nor. RESOLUTION NO. 11 -1 A RESOLUTION OF THE COMMUNICATIONS INTERLOCAL AGENCY; ESTABLISHING AND APPROVING AN EMPLOYEE SEPARATION PROGRAM; PROVIDING FOR TERMINATION OF THE DEFINED CONTRIBUTION PLAN WITH THE PRINCIPAL FINANCIAL GROUP; PROVIDING FOR DISTRIBUTION OF PLAN ASSETS; PROVIDING FOR CONFLICTING RESOLUTIONS; PROVIDING FOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Volusia County Council has notified the Communications Interlocal Agency (the "Agency ") that the Agency's Primary 911 PSAP shall be discontinued effective October 1, 2011 and that the Volusia County Sheriff shall be the only Primary PSAP within Volusia County for dispatch of fire, rescue, law enforcement and medical transport; and WHEREAS, the Agency shall not employ any persons effective after September 30, 2011; and WHEREAS, the Agency has reviewed the recommendations of the Executive Board for a Separation Program (the Program "); and WHEREAS, the Agency has determined that the Program provides a means to respond to the transition of dispatch services to Volusia County and to also provide support to those employees separating from service; and WHEREAS, The Agency by adoption of this resolution is authorized by law to establish a separation program; and WHEREAS, the Agency approved on March 20, 2003, a Defined Contribution Plan (the "Plan ") in accordance with the Interlocal Agreement dated January 11, 2002 and as recorded in Official Records Book 4858, Page 160 of the public records of Volusia County, Florida; WHEREAS, the Agency believes that the approval of the Program and the termination of the Plan are necessary and in the best interests of the citizens of the cities participating in the Agency as more particularly set forth hereinafter. (CIA RES. NO. 11 -1) NOW, THEREFORE, be it resolved by the Agency, as follows: Section 1. The Agency hereby establishes and approves the Separation Program as set forth in this Resolution, as follows: (1) The Program shall be offered to Agency employee, excluding the Director; and (2) The eligible employee shall separate from service with the Agency on September 30, 2011; and (3) The employee shall be required to sign the Separation Agreement within 45 days after receipt and on or before September 23, 2011 at 12:00 p.m., noon, whichever shall occur first; and (4) The Agreement shall become irrevocable seven (7) days after signature by the employee or on September 30, 2011 at 12:00 p.m., noon, whichever shall occur first. Section 2. Within the prescribed time or on or before September 23, 2011, whichever shall occur first, any one of the Executive Board Members shall hereby be authorized to enter into with each employee the Separation Agreement in substantially the same form as attached hereto as Exhibit "A ". lory Section 3. The employee who signs the separation agreement, shall upon separation from service with the Agency, be entitled to exercise other elections for Final Pay in accordance with the Principal Financial Group Plan. Section 4. The Communications Interlocal Agency hereby terminates the Defined Contribution Plan #7 -5325 with the Principal Financial Group, effective September 30, 2011. Section 5. Effective September 30, 2011, the Agency Executive Board shall be responsible for all duties of the Plan Administrator and for distribution of all assets of the Defined Contribution Plan # 7 -5325 in accordance with the terms of the Plan. Any one of the Executive Board members' signature shall be required for action of the Agency Executive Board. Section 6. All resolutions or parts thereof in conflict herewith or contrary hereto are hereby repealed to the extent of such conflict. Section 7. If any section, subsection, sentence, clause, phrase or portion of this resolution, or application hereof, is for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such portion or provision and such holding shall not affect the validity of the remaining portions or 'v► applications hereof. (CIA RES. NO. 11 -1) Section 8. This resolution shall become effective immediately upon adoption. Nripr Section 9. A copy of this Resolution shall be furnished to the Principal Financial Group, and all participating cities, including interlocal and contractual participants, within 10 days of the adoption. CHAIRMAN ALLEN GREEN Adopted this day of 7v( y , mil/ • Reviewed and Approved: '� E Bo At orn y `tar 'ter r MEMORANDUM To RCC Governing Board From: Shannon M. Lewis Subject: RCC Transition Plan and Budget Dater July 13, 2011 Summary The RCC Transition Team has been working with internal staff and members of the Volusia County Sheriff's Office to develop a transitional plan and budget and identify and respond to critical elements and tasks. RCC staff has been working with the County's human resource personnel to complete applications and required paperwork for individuals considering employment with the County. Attached is an RCC transition plan and budget for the Governing Board's consideration. The team believes the budgets for FY11 and FY12 are conservative and represent the best known data available to us at this time Budgetary assumptions, some of which will need approval from the Governing Board, are included below. 'ttior Human Resources To date, 15 RCC shift supervisors and /or telecommunications officers have applied to the County while 8 have not These numbers do not include the Director, Administrative Manager or Microcomputer Specialist. The County has advised us that they are finishing the background investigations and medical examinations on the RCC employees transitioning to the Volusia County Sheriff's Office (VCSO) and hope to have the final offer letters out no later than the week of July 25. They want to schedule new employee orientation for all the transitioning RCC employees in early August to complete employment and insurance forms and will reimburse RCC for any time spent in the orientation sessions. At the direction of the Executive Board, the human resource transition group met to discuss a variety of issues including retirement, potential severance and /or health insurance stipend and out - processing. The RCC employees are currently in a defined contribution plan with a vesting schedule beginning with 20% after one year and ending with 100% after five years. RCC contributes 12% and employees may voluntarily contribute up to an additional 12 %. The existing plan must be terminated at which point all employees become 100% vested and have the option of rolling over their money into IRA's with partner plans of Principal. They are not eligible to roll the dollars into FRS according to the State. After considering options provided by the human resource group, the Executive Committee recommends that only one form of additional benefit be provided in the form of severance for those who are still employed by RCC on September 30, 2011 and that it is conditioned upon executing a separation agreement. Employees must be given 45 days to review the agreement. Should they execute the document, they have an additional 7 days in which they can rescind. If the 1 err Governing Board approves the severance payments, we will need to provide the RCC employees with the document no later than August 5, 2011. The recommended severance payment for classified employees is one week of per year of service with a 12 -week cap. The recommended severance payment for unclassified employees, which includes only the Administrative Manager, is one week per year of service with a 20 -week cap. Additionally, the attached budget makes the following assumptions related to personnel: 1. The last day of employment for all RCC employees would be September 30, 2011. 2. The Director's severance payment and payout for the additional time in his 90 -day notice after September 30, 2011 would be accrued in FY11. 3. Severance for all other employees is included at the amount indicated above, including pension and FICA, and would be accrued in FY11. 4. Accrued leave payouts with pension and FICA included are included in FY11. 5. Unemployment compensation costs are conservative and included in FY12 The Director has requested the ability to spread his severance and accrued leave payouts into 2012. The Executive Board has recommended that the payouts occur within a 6 month timeframe. The County's medical and dental insurance plans begin on the first day of employment so those moving to the County will not have a lapse in coverage. Because RCC employees did not pre -pay for vtliw their medical and dental insurance there will be no refund. Other benefits, such as disability and life insurance, will cease upon separation. All sick and vacation payouts will be included with pay for hours worked on the employees' last check. For those who are not going to the County, the Transition Team has planned to hold informational sessions in August to discuss COBRA, unemployment compensation and retirement accounts. A representative from the Center for Business Excellence will also be invited to assist employees and we will schedule the sessions to make it convenient for each shift. The human resources group will work directly with RCC staff and the pension plan administrator to coordinate. Technical The technical work group has coordinated closely with VCSO and our existing software vendors to retrieve the data necessary for the County's Tiberon system to interface with our OSSI and ETI RMS systems. This is the "temporary" interface that is necessary because RMS will not be converted until 2012. Attached is a copy of the statement of work and fee proposal from ETI which was approved by the Executive Board. Although the County is writing the interface, we are still required to secure a license and pay for the project management and maintenance on our end. The total cost is less than half of what we originally budgeted and has already been amended in the proposed transition budget. OSS1 has provided some information and has had positive dialog with VCSO and our transition team; however, we are waiting on their formal scope and fee proposal. Issues about connectivity and redundancy have been addressed and the County believes the connectivity will occur on or about August 1, 2011. They have indicated that they would like to begin \rr 2 the MobileCOM Admin Training by meeting with each City (police and fire) during the first two weeks of August to provide the software and installation instructions. During the fourth week of that month they plan to conduct two train -the- trainer sessions, one each for police and fire. The sessions are to provide the trainers with the information necessary to train •personnel on MobileCOM (MDC software), ForceWatch (AVL monitoring software), and the web- based CAD inquiry application. Based upon this schedule, the rest of each agency's personnel would be trained during the month of September. CAD training for RCC employees who will be transitioning to the County is in the process of being scheduled. They are planning to hold two four -day sessions to accommodate day and night shift personnel. The County will reimburse any overtime incurred due to the training, but RCC will have to document the hours and invoice the County. The attached budget makes the following assumptions related to technology issues: 1. ETI interface costs have been reduced to $15,000 in FY11. 2. OSSI interface cost is still estimated at $30,000 in FY11. 3. ETI data conversion costs for RMS are budgeted at $150,000 in FY12. 4. OSSI data conversion costs for RMS are budgeted at $150,000 in FY12. 5. 100% of software maintenance costs for OSSI, ETI and others are budgeted in FY12. Operations & Communications VCSO provided the operational teams of police and fire representatives with radio profiles for review and comment. At this point, the County believes it can reprogram the radios using only one- touch and that there will be no expense incurred by the cities. The fire agencies will continue to respond to calls in the same manner they do now. The run cards have not changed and the County is already built into the profiles at a lower level. It was agreed that there will be one primary fire dispatch channel for the east side of the county and one for the west. The fire agencies will share 13 TAC channels and each city will still have its own channel. Additional channels, such as Air One, will also be included. The police agencies have finalized their comments and will continue to respond in the same manner as they do today. Port Orange and South Daytona will share a primary dispatch channel, New Smyrna Beach, Edgewater, Oak Hill and District 5 will share a primary dispatch channel and Ponce Inlet, Daytona Beach Shores and Beach Patrol will share another primary dispatch channel. As with fire, there will be multiple TAC channels and unique city channels. In addition to the above items, a decision must be made on how to prepare for and treat records, requests for records and personnel files, particularly if there will be no RCC employees after September 30, 2011. Based upon discussions with the cities, each police and /or fire agency has access to the RMS system to pull reports and data today so it is recommended that they continue to do so after October 1, 2011. Nov 3 The CAD data is also currently available to the agencies; however, they refer public records requests to RCC to be processed. Because only the premise alerts /hazards are being transferred to the County, the CAD data will have to be maintained in accordance with applicable retention laws. The technology team has indicated that the best option is to maintain the data in a virtual system which could be kept as long as necessary. Each agency would have access to the data, so if they needed the information, they would have access after October 1, 2011. The actual recorded calls are kept by RCC for 90 days unless a request for a record is made. By statute they are only required to be kept for 30 days. Because the calls are kept on County equipment, there are several options when considering how to treat the data after October 1, 2011. The first option is to physically transfer all of the data to the County. They have indicated that they have the capability and the willingness to process the records requests: This option may not be preferred clue to the nature of some of the calls and pending lawsuits. The second option is to maintain the equipment and calls until the retention period has terminated. The County has indicated that they would allow the equipment to stay so long as it was needed; however, this option would require a good deal of staff time, technology and training for a diminishing value. It was the RCC Director's suggestion to copy open case records to the individual cities as appropriate and turn over the 30 -day history to the County. This option would eliminate the need for additional training and technological assistance prior to October 1, 2011. The County has verified that they could have a vendor on site to transfer the equipment and records at the time of transition. They have agreed to maintain whatever records are on the machine until it is no longer necessary to do so. lr Finance, Legal & Contractual Attached are the proposed transition budgets for FY11 and FY12. The finance work group included only those elements related to RCC and removed equipment, personnel and other operating costs that should be addressed independently by each agency. The figures presented will continue to undergo minor refinements as the transition deadline approaches, but remain conservative. Because of the project cash balance amounts beginning September 30, 2011, the charges for service for Edgewater and New Smyrna Beach have been reduced by $100,000 each. The RCC Board Attorney is preparing a draft resolution for each City (EW, NSB, PO) to adopt in order to begin the formal dissolution of the RCC entity. The resolution will recognize a "winding- down" process and final termination in 2012. Additionally, the existing interlocal agreement will be amended to more closely reflect the transition while still providing the framework needed to close out all aspects of the operation. Amendments to the agreements with Ponce Inlet and South Daytona are also being drafted and will reflect only the actual services and /or costs required in FY12. 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G E E E O! ca ; \y -a -p. c - 0 -C1 v Ui t--I N c-1 ei N N N N N m m r •I ' r-r : 0 N 0 ri 01 CO O e i N 0101010 mm N N:.M m! a :. O! ttt N N m' tD t71'N M N r 0< 4 ,, 0•C 0a 1 0o , : rl e-i N e-1 ! r-I e1 t <i , a-i e-I <-i r-t r-i eat r-1 0'0;0000 0000 O' O'O'rI:(NI ct lD ID O' ri O i O , O , e-1 e-i 0 NNW 0 f c'7,-'1 -CS N ' ; � U N e-1 ' a) N N U Y N m: a p O (Y1 4t a C j > O Q i E �' 5 U a a 0 bo a -N O r N • u ca -p ; ? v f a O 4 ? 0 r1' C, c O • e-I in CO 0 , a C. T' ^ O • z j' C 1 X,r-1 a. E- N O- 0 0 E v- a > 4 1 g O 0 C V ' - ' a U « O t, C v N >' v ` a o C1 v Q i f- O O itopc E : a . , O C p � C fl.. a+ G: E O CC Q CC U U Q U 0 CC . U U m 4 to lD ri . N r , cr to `'' MEMORANDUM To: RCC Governing Board rw ,f2_, From: Shannon M. Lewis Subject: 90 -Day Employment Notice to Director Date: July 13, 2011 The RCC Director's empl oyment agreement requires that the Governing Board provide Mr. Bubb with 90 days notice if it elects to terminate the agreement. If Mr. Bubb works less than the 90 day notice, which is included in the transition plan, the Board can pay Mr. Bubb for all or a part of the 90 day notice as if he actually worked these days. The transition team's recommended transition plan and budget are based upon no RCC employees, including the director, remaining after September 30, 2011, but that Mr. Bubb still receive full compensation for the 90 day notice period. The full cost has been included in the budget. With the Governing Board's concurrence, the transition budget allows Mr. Bubb to spread his severance and leave payouts over a six -month period. 'err lorr low MEMORANDUM To: RCC Governing Board From Shannon M. Lewis V t Subject Resolution Terminating RCC Defined Contribution Plan Date July 13, 2011 As part of the Communications Interlocal Agency Defined Contribution Plan termination process, Principal Financial Group recommends that a "Board Resolution" be adopted formally terminating the Plan. In the event the IRS audits the plan, they will look for such documentation. There are a variety of other steps that must be taken prior to August 15, 2011; however, the resolution is the only item that must come before the Governing Board. Once Principal is in receipt of the required information, they will help plan participants choose a distribution option that meets their needs. The Board Attorney is completing the resolution and it will be provided to the Governing Board under separate cover. liar Principal" Futancta Gr arip July 19, 2011 PERSONAL & CONFIDENTIAL MS KIMBERLY A LEVAN HARE COMMUNICATIONS INTERLOCAL AGENCY 1395 DUNLAWTON A VENT TE PORT ORANGE FL 32127 -4749 RE Communications lnterlocal Agency Employee Defined Contribution Plan Annuity Contract No: 5-18463 Dear Ms Levan Hare Principal Life Insurance Company was recently notified of your intention to terminate the Communications Interlocal,Agency Employee Defined Contribution Plan. With that comes the need to understand the issues associated with the plan termination process, make urgent decisions, and educate plan participants about their options. My goal is to ensure these needs are met and keep you on track for a smooth transition. To get started, 1 have enclosed a few documents that need immediate attention: • Plan Termination Information. This document provides you with critical information about how the plan termination affects various plan - related items. • Confirmation Checklist. This document should he used in conjunction with the Plan Termination Information form to communicate your intentions to us regarding various items. Please complete and return this form by 8/15/11. • Authorization Form. This document confirms how you wish to handle the distributions to participants. Please complete and return this form by 8/15/11. Our receipt of this information is essential in beginning the plan termination process. including helping plan participants choose a distribution option that meets their needs. If for any reason you are unable to meet the above deadline, please call me immediately to make alternative arrangements. 1 look forward to working with you throughout the plan termination process. Please contact me if you have any questions regarding this process. Sincerely Tricia Pajer Emerging Service Coordinator Retirement and Investor Services Phone (800) 258 -9041 Fax (866) 704 -3594 Insurance products and plan administrative services arc pro%ided 0) Principal Life Insurance Compan, a member otthe Principal Financial G Des Moines., IA 50392 NNW 00 Box 2000, Mason City, IA 50402 -2000 ( 800) 258 -9041 www.principal.com Home Office: Des Moines, IA 50392 -0001 ADMC2 `err✓ PLAN TERMINATION INFORMATION Contract No: 5 -18463 Plan Name: Communications Interlocal Agency Employee Defined Contribution Plan IRS QUALIFICATION You may be able to preserve favorable tax treatment for your employees' benefits by filing Form 5310 (Application for Determination for Terminating Plan) with the IRS. If you don't file for a determination letter now and the IRS later finds a problem, you may not be able to avoid the adverse tax consequences. Although filing the form is optional and not required by the IRS, you may want to do so for the following reasons: • Upon plan termination, all participants become fully vested. Upon review of the plan, the IRS may decide that a partial plan termination occurred prior to the date you officially ended the plan. In such a case, certain employees could be declared fully vested, even though they left your company before you decided to terminate the plan. If this happens and retirement funds have already been distributed, you would be expected to contribute additional funds so that all fully vested emplo} ees receive their benefits. We will not be responsible for the payment of any additional funds needed should the IRS require a reallocation of the plan's retirement funds after they have been distributed to plan participants • The determination letter process allows you the opportunity to resolve any outstanding compliance issues. • There is no better way to ensure complete closure of the plan or plan - related issues than by receiving a favorable letter regarding the plan's tax- qualified status upon termination. If you choose to file for a determination letter, please let us know. Varl In addition, Form 8717 (User Fee for Employee Determination Letter Request) must be filed with the IRS to pay the applicable user fee. The current IRS filing fee is $2000 - $4000. Again, filing Form 5310 is not required by the IRS and is not covered as one of our standard government . filing services. A supplemental service charge applies should you choose to have Principal Life Insurance Company prepare the Form 5310 for you. The charge is $750.00 plus $25.00 per participant. (The maximum charge is $5000.) The participant count will be calculated and reported on the Form 5310 for the time period covered. If you choose to file for a determination letter, please indicate this on the Plan Termination Checklist and a supplemental service agreement will be sent to you. Upon receipt of the signed supplemental service agreement and any final contributions, we'll begin preparing the Form 5310 for your plan. Our standard timing to prepare a ready to review Form 5310 for you to file with the IRS is 45 business days. It has been our experience the IRS will respond to your request within six to eighteen months of the date the request is filed. Once you receive a favorable letter, please send us a copy along with instructions on how you would like distributions to be handled for plan participants. We'll then begin distributing the benefits to each participant and prepare the 1099 -R forms for the distributions. You may wish to discuss whether to file for a determination letter regarding your plan termination with you legal advisor. Please let us know whether you intend to file for a determination letter by checking the appropriate box on the Confirmation Checklist. Also, complete the Authorization Form to let us know Now *ow how you would like to handle the distributions. All participants will need to complete the Pension Benefit Choices Guides. We'll distribute the benefits and prepare the 1099 -R forms for the distributions. CHARGES /EXPENSES: FLEXIBLE INVESTMENT ANNUITY As stated in your Flexible Investment Annuity(FIA) contract, Article VI, Sections 1 & 3 and the Flexible Investment Annuity Endorsement Rider, a surrender charge may apply to the distribution of unmatured retirement funds* held in Guaranteed Interest investments. This charge will only apply when the outside index is greater than the rate being credited to the Guaranteed interest Investments on the day we distribute the funds. You will also have contract administration expense and recordkeeping expense charges due and payable prior to the distribution of the contract's retirement funds *. Expenses will continue to accrue until all retirement funds have been distributed. These expenses are explained in Article tit of your FIA contract and in the Service Agreement you signed. Your estimated EWC charges are $291.90. This amount is an estimate only. The amount of these charges will change daily until the plan distributions are complete. VESTING Upon plan termination, all participants become fully vested. This includes terminated employees who have not yet taken a distribution. Please refer to the preceding IRS Qualification section for further information about the vesting of plan participants. Reports may still show participants as less than 100% vested, however, upon final distribution, their entire retirement account will be paid out. PLAN PARTICIPANT INFORMATION Financial professionals are available to plan participants to assist them during the plan termination process by providing information and education about the plan participants' distribution options, etc. To help the financial professional work vvith the plan participants, we will provide the following information to the financial professional: plan participant's name, last four digits of the plan participant's social security number, address, phone number, and account balance under the plan. We will not pay any costs or expenses incurred by plan participants who elect to use the services of a financial professional, nor are we responsible for the actions of any financial professional. BOARD RESOLUTION We recommend you adopt a "Hoard Resolution" which specifically states the plan . is terminating and provides the termination effective date. ‘ I f the IRS audits the retirement plan, they will look for formal documentation of the plan termination. Please forward a copy of the Board Resolution to us. PLAN AMENDMENTS Your plan must be updated for all current legislation before you terminate the plan, per IRS requirements. COMPLIANCE TESTING Once we receive contributions for the current plan year, the final 415 limit and nondiscrimination tests, must be prepared. In order to prepare these tests, you must provide compensation information and census data through the date of termination for all plan participants. These tests and any necessary refivnds:must be completed before anv retirement plan funds are distributed. You can submit this data via the Principal Sponsor Service Center. You will need to submit data from the beginning of your plan year through the plan termination effective or the last day of the plan year. Please contact your Client Service Associate for assistance. The results of the compliance tests for Coverage, 415 Limits, and ADP /ACP tests will be posted to the Employer Services site. Since you will be unable to access the site once our plan services are complete, you must use some other format (i.e. — diskette. CD, or a drive on your personal computer) to retain the test results. FORFEITURES Your plan has outstanding forfeitures. 4/1 outstanding issues relating to forfeitures must be resolved before any retirement plan funds are distributed. We'll apply the forfeitures toward your final expenses. If the forfeiture balance is greater than final expenses, further action will be necessary. Please see the Confirmation Checklist for additional information. GOVERNMENT REPORTING Now We'll prepare your final 5500 after we've completed your plan distributions. You'll need to file it with the Pension and Welfare Benefits Administration (A Division of the Department of Labor) within seven months after the distribution of retirement funds: This must be filed, even ifyou do not choose to have Principal Life Insurance Company prepare your Compliance Testing for your final plan year. SPONSOR SERVICE CENTER You will be unable to access the site once our plan services are complete. Therefore. you must use some other format (diskette. CD, or a drive on your personal computer) to retain compliance tests. plan documents, reports, messages or any other information that you want to retain. MONEY PURCHASE Money Purchase plans are required to notify employees of any amendment that will significantly reduce the future rate of benefit accrual, including an amendment that freezes or tenninates the plan (this notice is commonly referred to as a SEPPAA (Single Employer Pension Plan Amendments Act of 1986) or 204(h) notice). Generally, the employee notification should be given at least 45 days before the effective date of the amendment/plan termination. *Retirement funds include guaranteed benefit policies issued by Principal Life Insurance Company and any other plan funds. 'rrr `•► MEMORANDUM To RCC Governing Board From Shannon M. Lewis �/ ) Subject: ETI Statement of Work Date: July 13, 2011 At the last Executive Board Meeting, the attached Statement of Work with Emergency Technologies, Inc. (ETI) was approved in order to facilitate the CAD interface needed for the fire software. The total cost of $13,195 includes the required CAD interface license and professional services as well as one -year maintenance and support. This item is being brought to the Governing Board's attention because it has been included in the proposed FY11 budget as a one -time transitional cost. Now EMERGENCY TECHNOLOGIES Emergency Tethnologies,Inc StatementofWo CAD Interface. • *1.0, Regional Public Safety Communication Center (RCC). Port Orange, FL © 2011 EMERGENCY TECHNOLOGIES, INC. Copyright © 2011 Emergency Technologies, Inc Unpublished Rights reserved under the copyright law of the United States. `fir COPYRIGHT NOTICE Copyright O 2011 Emergency Technologies, Inc. All Rights Reserved. Visual Fire and Visual EMS are trademarks of Emergency Technologies, Inc. Microsoft, Microsoft SQL Server, Microsoft Windows 2000, Microsoft Windows XP, and Microsoft Windows are registered trademarks of Microsoft Corporation. All other names are trademarks or registered trademarks of their respective owners. CONFIDENTIAL & PROPERITARY NOTICE This SOW has been prepared by Emergency Technologies, Inc. and is a confidential document that contains ideas, concepts, methods and other proprietary information. Readers are to treat the . information contained herein as confidential and may not copy or reproduce any of these materials for distribution outside of their organization without the written permission of Emergency Technologies. 7 t i Copyright © 2011 Emergency Technologies, Inc. Unpublished: Rights reserved under the copyright law of the United States. Confidential Document Control Revision History The table below indicates the changes made to this document to date. Revision Item 1 Date Author Description of Number Charlie 1 Volusia Co. CAD 06/17/11 I Chris Morgan Initial Draft _ _ T Interface _ 2 RCC 06/28/11 Chris Morgan Final Draft 3 4 5 6 7 8 9 10 - - -- 1i y i 12 13 — _TT 14 15 —y 1111 • Copyright © 2011 Emergency Technologies, Inc. *`r Unpublished: Rights reserved under the copyright law of the United States. Confidential TABLE OF CONTENTS Document Control 5 TABLE OF CONTENTS 6 1 OVERVIEW 7 1.1 STATEMENT OF WORK 7 1.2 GENERAL CLIENT RESPONSIBILITIES 7 1.3 PROJECT EXCLUSIONS 7 2 PROJECT DELIVERABLES 8 2.1 OVERVIEW OF PROJECT_ DELIVERABLES 8 2.1.1 STANDARD INTERFACE SOFTWARE (EXHIBIT A) 8 3 VENDOR PROJECT ROLES AND RESPONSIBILITY 8 3.1 OVERVIEW 8 3.2 ETI PROJECT MANAGER OR ETI SUPPORT PERSONNEL 9 3.3 TECHNICAL SERVICES GROUP 9 4 RECOMMENDED CLIENT ROLES AND RESPONSIBILITIES 10 4.1 OVERVIEW 10 5 PRICING SCHEDULE 10 6 PAYMENT MILESTONES 11 7 STANDARD CAD SPECIFICATIONS 11 8 PROJECT PLANNING 11 8.1 OVERVIEW 11 9 PROJECT EXECUTION 12 9.1 OVERVIEW 12 9.2 GENERAL RESPONSIBILITIES FOR THIS PROCESS 12 9.2.1 ETI RESPONSIBILITIES 12 9.2.2 CLIENT RESPONSIBILITIES 12 10 PROJECT CLOSURE 12 10.1 OVERVIEW 12 10.1.1 ETI RESPONSIBILITIES 13 10.1.2 CLIENT AND PRIME RESPONSIBILITIES 13 10.2 SYSTEM ACCEPTANCE 13 10.2.1 ETI RESPONSIBILITIES ..., 13 10.2.2 CLIENT RESPONSIBILITIES 13 10.3 TRANSITION TO SUPPORT 13 10.3.1 ETI RESPONSIBILITIES 13 10.3.2 CLIENT RESPONSIBILITIES 14 10.4 PROJECT CLOSURE 14 11 SIGNATURE BLOCK 14 '4461111L Copyright © 2011 Emergency Technologies, Inc Unpublished: Rights reserved under the copyright law of the United States. Confidential 1 OVERVIEW 1.1 Statement of Work This project involves the implementation configuration and related services of ETI Visual FireTM software's interface from CAD (herein referred to as CAD Interface) for RCC, the Client. This Statement of Work (SOW) provides a description of the services that will be provided during this project. This SOW also outlines the general responsibilities and expectations of all parties involved in the project. Within this document "ET.I" refers to .Emergency Technologies, Inc., "Client" refers to Volusia County. Acceptance testing criteria will be based upon the Acceptance Testing Plans (ATP) will be tested on the "Test System" before switching over the production system. 1.2 General Client Responsibilities Client System Administrator Nor The System Administrator will be responsible for working with ETI during the installation and configuration of the project software. This person must, with the assistance of ETI, be capable of managing the configurations of the system to assure that the system does not have any mismatches of system software versions. This person will also provide general support to Client users. The Client System Administrator should have the qualifications necessary to function in a project environment and support the following responsibilities: • Ensures ETI can connect remotely through a VPN or some other means to perform work on the FRMS. • Monitors and configures the servers, workstations, and other interface systems • Is the main point for contact for user questions and problems • Runs and designs reports as needed • Troubleshoots system problems • Serves as liaison for ETI field service personnel 13 Project Exclusions Work, software, services, hardware, Systems, Subsystems, product /software modifications or any other deliverables not described in this SOW will not be included in the Project. Changes in scope will only be executed through a mutually agreed upon Change Order, which may include additional costs. Copyright .© 2011 Emergency Technologies, Inc. Unpublished: Rights reserved under the copyright law of the United States. Confidential %mI 2 PROJECT DELIVERABLES 2.1 Overview of Project Deliverables During the ETI Delivery System Phase, the ETI system is delivered, configured, and initially tested for correct operation. Interfaces are delivered and configured to operate with the existing systems. Data, specific to site operations, is loaded by key site personnel. Installation of hardware or network connectivity is not within the scope of installation. Modules included in the scope of this project are: 1. One -way CAD incident Standard. Interface with no modifications 2.1.1 Standard Interface Software (Exhibit A) Standard Interface Software to be delivered through this Project will be identified as software licenses in the Agreement's SOW. Standard Interface Requirements Documents, (Exhibit A) and has been provided to the Client prior to initiation of work for the following interface: " ETI's FRMS Interface to CAD" 3 VENDOR PROJECT ROLES AND RESPONSIBILITY 3.1 Overview The descriptions of personnel roles noted below provide an overview of typical Project team members. Other personnel may be involved under the direction of EfI Project Managers in order to complete the requirements of the Project. ETI's commitment to excellent customer service requires structured project management methodologies and quality assurance processes. Through our lessons learned, ETI has identified the following crucial success factors: • Careful selection of personnel and team members • Frequent, effective communications via project schedule, statements of work, meeting notes, Acceptance Test Plan and Functional Specifications Ittarr Copyright © 2011 Emergency Technologies, Inc Unpublished' Rights reserved under the copyright law of the United States Confidential • Clearly delineated lines of authority and responsibility • Strict adherence to time plan • Managing scope through agreed upon change process • Timely risk identification, communication, and mitigation • Adequate and accurate acceptance test planning and execution In order for a successful project implementation to be realized, the Client will need to provide a single point of contact and a system administrator for the FRMS. The system administrator or IT Staff must have advanced Microsoft OS, network administration and Microsoft SQL Server - database administrator skills. The Client will need to facilitate cooperation with vendors interfacing to the FRMS system, and provide those items requested from ETI to adhere to the project schedule and deliverables as agreed upon in contract negotiations. 3.2 ETI Project Manager or ETI Support pport Personnel ETI will develop and define a communication plan to include contacts and escalation triggers including response times that both organizations will agree too. ETI has appointed an ETI Project Manager as the principal ETI contact who will be responsible for implementing the FRMS Project within the framework of the Agreement and this SOW. The Project Manager utilizes a standardized methodology for project implementation, project management, and risk identification and management. ETI's Project Manager is responsible for 'tow Project scheduling and management of resources, budget management, identification and management of Project risks, and communication with the Client's Project team. The ETI Project Manager will be responsible for the collaborative coordination of Client resources in an effort to ensure that avoidable Project delays will be minimized. 3.3 Technical Services Group Client service functions and technical support for the Client's System during the Project is coordinated by the ETI Project Manager. After Go Live, ETI's Technical Services Group is responsible for providing on -going support for the Client's System as defined in the Agreement and the Software Support Agreement. loor Copyright ® 2011 EmergencyTechnologies, Inc: Unpublished: Rights reserved under the copyright law of the United States. Confidential lour _ 4 RECOMMENDED CLIENT ROLES AND , . RESPONSIBILITIES 4.1 Overview For Standard and Custom Interfaces, subject matter experts may be from the Client Agency and third party vendors. If the vendors are not ETI subcontractors, the Client will be responsible for engaging them in necessary discussions and documentation of the requirements. In addition, it is recommended that the Client, early within the implementation process, identify those persons that will be responsible for the ongoing maintenance of the Client's System to include the technical and business processes. There are two key roles that are described below the FRMS Administrator is, responsible for application maintenance SQL Server, network, hardware, file and data back -ups and log management. It is paramount that the Client develops this team during the implementation process so that the Client successfully achieves a degree of self- reliance with the understanding of the FRMS solution in addition to the 9eneralized technical responsibilities. 5 PRICING SCHEDULE '447 Item Unit Extended Support N umber Qty Product Code Description Cost Cost 5 by 9 1 CAD Interface Lrrense 1 1 FRMS -CAD Standard CAD Interface $12,000 $12,000 $2,100 $12,000 $2,100 Customer Loyalty Discount - $3,600 Net Total for CAD Interface $8,400 $2,100 Professior#a1 Services 2 1 FRMS -PM Project Management $1,200 $1,200 Remote integrated CAD Setup & 3 1 FRMS- INT -CAD Configuration $1,495 $1,495 Total for Professional Services $2,695 Grand Total $11,095 $2,100 Maintenance and Support 5x9 maintenance and support for the first year is included in the base price. Ongoing 5x9 maintenance costs begin at the next maintenance cycle. This pricing is valid for 120 days does not include any hardware. Copyright © 2011 Emergency Technologies, Inc 7 . Unpublished: Rights reserved under the copyright law of the United States C onfidential v 'Iu 6 PAYMENT MILESTONES 6.1 Payn ent NliteSto eS, . BasIS Cost SOW /Contract Signing X50% of Total Project $5,547.50 Installation 40% of Total Project $4 438 - Completion of Testing 10% of Total Project $1,110 Total $11,095 6.2 Annual Support and Maintenance $2,100 5x9 maintenance and support for the first year is included in the base price. Ongoing 5x9 maintenance costs begin at the next maintenance cycle. 7 STANDARD CAD SPECIFICATIONS (EXHIBIT A) 7.1 Refer to specifications - Exhibit A 8 PROJECT PLANNING 8.1 Overview Project Planning requires the gathering of Project specific information required to produce a Project Management Plan. In short, Project Planning consists of those processes designated to establish when and how the Project will be implemented while further elaborating on Project Deliverables. Most of the information exchange between the Client and ETI during this process is at a high level and consists of interaction between both Project Managers and a small group of Project stake - holders. Now Copyright © 2011 Emergency Technologies, Inc. Unpublished: Rights reserved under the copyright law of the United States Confidential 9 PROJECT EXECUTION 9.1 Overview Project Execution focuses on the development and delivery of Project Deliverables. Processes will be iterative and consist of: 1) A .review of Deliverable documents; 2) Development, configuration, installation and testing of software and other product deliverables, and 3) Delivery of Project related services such as training. Each Deliverable has a closing process which consists of a specific task completion report. These Deliverable closing processes are independent from the closing process of the Project. 9.2 General Responsibilities for this process 9.2.1 ETI Responsibilities a) Participate with Client in gathering system requirements needed for the Standard CAD Interface. b) Configure FRMS software to comply with the requirements of the SOW and the specifications of the ETI Listener Specification document. (Exhibit A) 9.2.2 Client Responsibilities a) Configure the network, implement security and support } g p y pport access, b) Develop the data export from CAD according to ETI's specifications. c) Install any equipment or Third Party Software or systems needed to implement ETI's FRMS Interface to CAD. d) Assist ETI with configuration and installation work, including inserting media and restarting applicable computers. e) Collaborate on, review, and approve Acceptance Test. Procedure for CAD interface: f) Conduct Acceptance Testing utilizing approved Acceptance Test Procedure (ATP) in coordination with ETI. g) Sign off on successful completion of testing through the written approval of a Task Completion Report. 10 PROJECT CLOSURE 10.1 Overview Project Closure includes the steps to close the Project and transition the Client to Support and Client Services. Project Closure also includes the execution of Copyright © 2011 Emergency Technologies, Inc Unpublished: Rights reserved under the copyright law of the United States. Confidential any remaining deliverables that the Client has chosen to have delivered post Go Live. During Project Closure the remaining Project related administrative tasks are completed by ETI and the Client. Project documentation is archived and the Project is officially handed over to the ETI Client Account Manager and the Technical Support Department. Responsibilities related to this task 10.1.1 ETI Responsibilities a) Transition to Technical Support b) Provide continued support based on terms of Agreement 10.1.2 Client and Prime Responsibilities a) Provide approval of Project TCRs within five (5) business days or as mutually agreed upon. 10.2 System Acceptance Final System Acceptance will occur in accordance with the terms of the Agreement. Responsibilities related to this task Nor 10.2.1 ETI Responsibilities a) Provide support to the Client 10.2.2 Client Responsibilities a) Report issues if and when they develop in a timely manner agreed upon by both parties. b) Sign the final acceptance TCR upon completion of the performance period 10.3 Transition to Support Following Go Live, there is a transition period (typically 30 days) where the Client moves from the implementation team to the support team. This transition will change the Client's primary point of contact from the Project Manager to the Technical Support Department. Responsibilities related to this task 10.3.1 ETI Responsibilities Copyright © 2011 Emergency Technologies, Inc Unpublished: Rights reserved under the copyright law of the United States. Confidential Nap. a) Orient the Client to the technical support process 10.3.2 Client Responsibilities a) Participation with the support orientation. Persons that should participate include supervisory staff or those who may be responsible for reporting system issues in a timely manner. b) Review and Sign the TCR for this task 10.4 Project Closure Upon System Acceptance the ETI Project Manager will prepare a final report that details the activities of the Go Live / System Acceptance detailing the activities completed, the state of the system, and any issues uncovered during the System Acceptance period. If required, a resolution plan will be established that details any remaining issues. 11 SIGNATURE BLOCK ' Nur RCC, Florida Emergency Technologies, Inc. By (Print) By (Print) Signature Signature Title Title Date Date 7 Copyright ©2011 Emergency Technologies, Inc, Unpublished: Rights reserved under the copyright law of the United States. Confidential 4 SunGard Public Sector Inc. 4000 OSSI Ct - High Point, NC 27265 - Phone: (336) 885 -0911 - Fax: 407 - 304 -4225 - Email: tbracken @ossiusa.com SUNGARD® Add -On Quote PUBLIC Date Quote # Acct Mgr ! : 07 /13/11 TQDBQ4756 Tammy Bracken Quote Prepared For: Port Orange, FL Tony Marino Extended Annual Qty Part Number g Product Description 6 Unit Price Price Maintenance 1 RMS -INT- CADSKL RMS SKELETON INTERFACE TO 3RD PARTY CAD $7,500.00 $7,500.00 $1,200.00 A one -way interface allowing a 3rd party CAD vendor to transfer CAD event information to an intermediate table within the Records Management System for the purpose of creating a skeleton Incident Report composed of data elements defined as acceptable by SunGard. The data elements from the 3rd Party Vendor's CAD may also be used to create a skeleton incident report or incident supplement within the Mobile Field Reporting (MFR) application. The CAD vendor will establish a database connection to RMS and insert a single record into an intermediate staging table; one for each unit dispatched to a call where a case report number has been generated. The record should be inserted by the 3rd party vendor as the dispatch transaction takes place (prior to CAD call closure) or when a case number is * associated with the call and units arc already dispatched to the call. * ** Any third party costs required for the completion of the project have not been included in SunGard Public Sector's pricing. * ** 2 RMS -AM -INST ADD -ON RMS SOFTWARE MODULES INSTALLATION $1,400.00 $2,800.00 $0.00 CHARGES PER MODULE Installation and setup of any add -on RMS modules that are purchased in addition to the base RMS Product. Message switch and mapping related items are not a part of this item. 1 RMS - PROJ -MGNT PROJECT MANAGEMENT FOR RMS $1,400.00 $1,400.00 $0.00 Includes professional services from SunGard for management oversight and coordination with the Customer's project management, SunGard's internal resources and any third party vendors. Includes coordinating with the customer's project manager all SunGard related deliveries such as application software, implementation services, and scheduling of SunGard's resources with the customer. This quote is valid until 09 /13/11 Total: $11,700.00 $1,200.00 1) When should the export to SunGard be created? A record should be written to the CFSMOBILE table for each officer dispatched to a CAD event where a case number has been generated. If a case number has already been associated with the CAD event, create export for each unit subsequently dispatched to the event should trigger an insert into the CFSMOBILE table as soon as they are dispatched (prior to call closure). If there are units already dispatched to a call and a case number has not yet been associated with the CAD event, one record should be written to the CFSMOBILE table for each unit on the call at the time the case number is generated and associated with the CAD event. This is so that the officers can initiate and write the Incident reports using Mobile Field reporting. `or 2) Can officer id be a optional field? No. The data m the officer id field should match the emmain.dept_id field in RMS. This is because the officer id is used to match the logged on MFR users and the CAD data is sent to the appropriate logged in user to create the skeleton incident report. 3) If multiple employees are in the car send a record to CFSMobile for each officer. 4) The case id format can vary from agency to agency is that a problem. No, as long as the caseid can fit into a varchar(12) field 5) Should the export be created to CFS Mobile or CFSXFER or both. The CFSMobile table needs to be populated primarily for officers to be able to create Skeleton incidents and to use SunGard MFR. The data entered by officers then goes into SunGard's Incident table The data can be written to CFSXFER table to populate the Cad calls for service data into RMS. The Calls for Service table stores more information about the event and is typically stored for data query, referral purposes. The data can be written to both tables. Both tables are independent of each other because they have different purposes and it is up to the agency to choose whether it is desired that data be written in both places. `fir' Now 7/13/2011 11:21:08 SUNGARD' PUBLIC TQDBQ4756 Page 2 of 3 0551 This Quote constitutes a Supplement to the Contract and Agreement by and between the parties hereto. Except as otherwise provided herein, all terms and conditions of the Contract and Agreement shall remain in full force and effect. As applicable for certain customers, the term "Contract and Agreement" is r' defined as the Software License & Services Agreement and the License Program Support Agreement between the parties hereto. Should Customer terminate this agreement per the "Term of Contract" Section of the Contract and Agreement, the Customer agrees to pay, immediately upon termination, the remaining balance for all hardware, software, and services delivered prior to the termination date together with travel reimbursements, if any, related to the foregoing. Notwithstanding any language in the Contract and Agreement to the contrary, the purchase of support services is NOT necessary for the continuation of Customer's License. Licensed Program(s) are provided in and may be used in machine - readable object code form only. SunGard Public Sector offers the Customer, through a third party escrow agent, a Source Code Escrow Agreement that provides for release of the source code version of the Licensed Program(s) from escrow upon the occurrence of certain release events, such as SunGard Public Sector's failure to provide required maintenance services as agreed. Applicable taxes are not included, and, if applicable, will be added to the amount in the payment of invoice(s) being sent separately. Travel and living expenses are in addition to the prices quoted above and shall be governed by the SunGard Public Sector Corporate Travel and Expense Reimbursement Policy. The SunGard Public Sector application software warranty shall be for a period of one (1) year after Delivery. There is no Testing and Acceptance period on the Licensed Program(s) herein. Any interfaces listed above are interfaces only. Customer shall be responsible for obtaining the applicable software, hardware and system software from the appropriate third parry vendor. Preprinted conditions and all other terms not included in this Quote or in the Contract and Agreement, stated on any purchase order or other document submitted hereafter by Customer are of no force or effect, and the terms and conditions of the Contract and Agreement and any amendments thereto shall control unless expressly accepted in writing by SunGard Public Sector to Customer. Third party hardware /software maintenance and /or warranty will be provided by the third party hardware and software manufacturer(s). SunGard Public Sector makes no representations as to expected performance, suitability, or the satisfaction of Customer's requirements with respect to the hardware or other third party products specified in this Quote. The return and refund policy of each individual third party hardware /software supplier shall apply. This Agreement is based on the current licensing policies of each third party software manufacturer as well as all hardware manufacturers. In the event that a manufacturer changes any of these respective policies or prices, SunGard Public Sector reserves the right to adjust this proposal to reflect those changes. NOW This Quote shall be effective notwithstanding any provisions as to non - availability of funds contained in the Contract and Agreement. The date of delivery is the date on which SunGard Public Sector delivers, F.O.B. SunGard Public Sector's place of shipment, the Licensed Program(s) to Customer. Payment Terms are as Follows: License, Conversion, Project Planning, Project Management, Hardware and Third Party Software Fees are due upon execution of this Quote. Training, Professional Services and Travel /Living expenses are due as incurred monthly. Installation is due upon completion. Additional services, if requested, will be invoiced at then - current rates. Any shipping charges shown are estimated only - actual shipping charges will be due upon delivery. Hardware and Third Party Software Implementation is due 50% on execution of this Quote, and 50% due upon invoice, upon completion. SunGard Public Sector Application Annual Support - the initial term of Maintenance and Support Services is included in License Fees and begins upon execution of this Quote and extends for a twelve (12) month period. Subsequent terms of support will be for twelve (12) month periods, commencing at the end of the initial support period. Support fees shown for the second term of support shall be due prior to the start of that term. Fees for subsequent terms of support will be due prior to the start of that term at the then prevailing rate. Third Party Application Annual Support Fees - payment terms shall be as provided by the Third Party to Customer with the exception that any fees listed above for the initial term of support are due upon execution of this Quote. 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' Co O O ■O N 00 N J O to O 0 0 ln 0 0 0 0 O b i V ' In'A O LA 00 '0 N O O w JI CD . . n N 0) 0 fQ N 0) NOV COMMUNICATIONS INTERLOCAL AGENCY 'quirr RESOLUTION NO. 11 -1 A RESOLUTION OF THE COMMUNICATIONS INTERLOCAL AGENCY; ESTABLISHING AND APPROVING AN EMPLOYEE SEPARATION PROGRAM; PROVIDING FOR TERMINATION OF THE DEFINED CONTRIBUTION PLAN WITH THE PRINCIPAL FINANCIAL GROUP; PROVIDING FOR DISTRIBUTION OF PLAN ASSETS; PROVIDING FOR CONFLICTING RESOLUTIONS; PROVIDING FOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Volusia County Council has notified the Communications Interlocal Agency (the "Agency ") that the Agency's Primary 911 PSAP shall be discontinued effective October 1, 2011 and that the Volusia County Sheriff shall be the only Primary PSAP within Volusia County for dispatch of fire, rescue, law enforcement and medical transport; and , pow WHEREAS, the Agency shall not employ any persons effective after September 30, 2011; and WHEREAS, the Agency has reviewed the recommendations of the Executive Board for a Separation Program (the Program "); and WHEREAS, the Agency has determined that the Program provides a means to respond to the transition of dispatch services to Volusia County and to also provide support to those employees separating from service; and WHEREAS, The Agency by adoption of this resolution is authorized by law to establish a separation program; and WHEREAS, the Agency approved on March 20, 2003, a Defined Contribution Plan (the "Plan ") in accordance with the Interlocal Agreement dated January 11, 2002 and as recorded in Official Records Book 4858, Page 160 of the public records of Volusia County, Florida; WHEREAS, the Agency believes that the approval of the Program and the termination of the Plan are necessary and in the best interests of the citizens of the cities participating in the Agency as more particularly set forth hereinafter. (CIA RES. NO. 11 -1) NOW, THEREFORE, be it resolved by the Agency, as follows: Section 1. The Agency hereby establishes and approves the Separation Program as set forth in this Resolution, as follows: (1) The Program shall be offered to Agency employees; and (2) The eligible employee shall separate from service with the Agency on September 30, 2011; and (3) The employee shall be required to sign the Separation Agreement within 45 days after receipt and on or before September 23, 2011 at 12:00 p.m., noon, whichever shall occur first; and (4) The Agreement shall become irrevocable seven (7) days after signature by the employee or on September 30, 2011 at 12:00 p.m., noon, whichever shall occur first. Section 2. Within the prescribed time or on or before September 23, 2011, whichever shall occur first, any one of the Executive Board Members shall hereby be authorized to enter into with each employee the Separation Agreement in substantially the same form as attached hereto as Exhibit "A ". Section 3. The employee who signs the separation agreement, shall upon separation from service with the Agency, be entitled to exercise other elections for Final Pay in accordance with the Principal Financial Group Plan. Section 4. The Communications Interlocal Agency hereby terminates the Defined Contribution Plan #7 -5325 with the Principal Financial Group, effective September 30, 2011. Section 5. Effective September 30, 2011, the Agency Executive Board shall be responsible for all duties of the Plan Administrator and for distribution of all assets of the Defined Contribution Plan # 7 -5325 in accordance with the terms of the Plan. Any one of the Executive Board members' signature shall be required for action of the Agency Executive Board. Section 6. All resolutions or parts thereof in conflict herewith or contrary hereto are hereby repealed to the extent of such conflict. Section 7. If any section, subsection, sentence, clause, phrase or portion of this resolution, or application hereof, is for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such portion or provision and such holding shall not affect the validity of the remaining portions or applications hereof. (CIA RES. NO. 11 -1) Section 8. This resolution shall become effective immediately upon adoption. Section 9. A copy of this Resolution shall be furnished to the Principal Financial Group, and all participating cities, including interlocal and contractual participants, within 10 days of the adoption. CHAIRMAN ALLEN GREEN Adopted this day of Reviewed and Approved: Board Attorney Itiror Nose Exhibit A SEPARATION AGREEMENT THIS SEPARATION AGREEMENT, WAIVER AND RELEASE (hereinafter "Agreement ") is made and y 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 and his /her heirs, executors, and administrators (collectively referred to herein as "Employee "). WHEREAS, Agency and Employee will end their employment relationship fully and finally settle all existing or potential claims and disputes between them, whether known or unknown as of this date; and WHEREAS, the Agency has approved payment to the Employee in the amount of one week of salary per year of service not to exceed six (6) weeks in compliance with Florida law NOW THEREFORE, for good and valuable consideration, receipt hereof is hereby acknowledged the Parties to this Agreement agree as follows: 1. Premises. The foregoing premises are true and correct and are incorporated herein. 2. Obligations of Agency. The Agency shall provide to Employee the following benefits which Agency is not otherwise legally obligated to provide: (a) Severance Payment. A monetary payment in an amount equal to week(s) of salary or $ will be paid on or about October 7, 2011. The payment shall be reduced by the legally required deductions for income tax, Social l Security, and Medicare. (b) Accrued Leave Payment. Payment for all accumulated unused annual leave and sick leave accrued through September 30, 2011, less legal deductions for income tax, social security, and Medicare. The payment shall be paid on or about October 7, 2011. (c) The benefits described hereinabove do not effect any pension or other retirement/separation benefits to which Employee may be entitled under the Agency's Pension Plan, pursuant to the adopted Plan. 3. Obligations of Employee. In consideration of the foregoing separation benefits provided by Agency, Employee agrees to the following: (a) Employee agrees to remain employed by Agency through September 30, 2011; . and (b) Employee waives and releases Agency of and from any claims, demands, damages, lawsuits, obligations, promises, administrative actions, charges, and causes of action, both known and unknown, in law or in equity, of any kind whatsoever, including, but not limited to, all matters relating to or arising out of Employee's employment with Agency, compensation by Agency or separation from employment with Agency. This waiver and Release covers any causes of action or claims under Title VII of the Civil Rights Act of 1964, as amended; the Employee Retirement Income Security Act of 1974, as amended; the Rehabilitation Act of 1973, as amended; the Age Discrimination in Employment Act of 1967, as amended; the Civil Rights Acts of 1866 and 1871; the Florida Human Rights Act of 1977, as amended; Executive Orders 11246 and 11478; the Florida Public Employees Relations Act of 1974, as amended; the Fair Labor Standards Act of 1938, as amended; the Equal Pay Act of 1963, as amended; the Consolidated Omnibus Budget Reconciliation Act of 1985, as amended; and any other federal or state law or municipal 4iimw ordinance, including any lawsuits founded in tort (including negligence), contract (oral, written or implied), or any other common law or equitable basis of action. (c) Employee represents that he /she has not and will not file any charge of discrimination against Agency with any federal, state or municipal agency, and Agency has reasonably relied on this representation in agreeing to perform those obligations set forth in paragraph 2 of this agreement. (d) Prior to said effective date, Employee shall return to Agency all Agency property in his /her possession or control, including but not limited to public records as defined in Chapter 119, Florida Statutes, and all identification badges, vehicle, door and file keys, computer software, office and safety equipment, and other physical or personal property which Employee received or prepared in connection with her/her employment with Agency; and, except for copies of public records, Employee shall not make or retain any duplicated, reproductions, or excerpts or such Agency property. 4. Termination and Recovery of Benefits. The separation benefits contained in this Agreement which flow to Employee from Agency may be immediately terminated by Agency if Employee breaches this Agreement by engaging in conduct which violates any provision of paragraph 3 herein. Moreover, Agency is entitled to recover any benefits paid to Employee under this Agreement if he /she breaches his /her obligations under this Agreement. Employee further agrees that Agency shall be entitled to rescind its obligations under this Agreement if Agency reasonably relied upon any misrepresentation of Employee in agreeing to undertake these obligations. 5. Non - Admission. Neither this Agreement, nor anything contained herein, is to be construed as an admission by Agency of any liability, wrongdoing or unlawful conduct whatsoever. 6. Severability. If any provision of this Agreement is invalidated by a court of competent jurisdiction, then all of the remaining provisions of this Agreement shall continue unabated and in full force and effect. 7. Entire Agreement. This Agreement contains the entire understanding and agreement between the parties and shall not be modified or superseded except upon express written consent of the parties to this Agreement. Employee represents and acknowledges that in executing this Agreement he /she does not rely and has not relied upon any representation or statement made by Agency or its agents, representatives or attorneys that is not set forth in this Agreement. 8. Supersedes Past Agreements. Except as expressly provided herein, this Agreement supersedes and renders null and void any previous employment agreements or contracts, whether written or oral, between Employee and Agency. 9. Governing Law. This Agreement shall be governed by the laws of the State of Florida. 10. Attorney's Fees. Agency shall be entitled to an award of its costs and attorney's fees expended in any action to enforce the terms of this Agreement (including seeking injunctive relief or rescission), or to defend a claim, lawsuit or other type of action which has been waived herein. 11. Opportunity to Consider and Confer. Agency has advised Employee to consult with an attorney prior to executing this Agreement, and Employee acknowledges that he /she has been given a period of at 2 least forty-five (45) days within which to consider this Agreement. Employee and Agency acknowledge that each has had the opportunity to read, study, consider and deliberate upon this Agreement, EACH HAS BEEN GIVEN THE OPPORTUNITY TO CONSULT WITH AN ATTORNEY OR AN 'otorr OTHERWISE COMPETENT REPRESENTATIVE, and both parties fully understand and are in complete agreement with all of the terms of this Agreement. 12. Effective Date. This agreement may be revoked by either party for a period of seven (7) days following the execution of this Agreement, and this Agreement shall not become effective or enforceable until the revocation period has expired. IN WITNESS WHEREOF, and intending to be legally bound, Agency, by its authorized representative, and Employee, execute this Separation Agreement, Waiver and Release consisting of three (3) pages, by signing below voluntarily and with full knowledge of the significance of all of its provisions. PLEASE READ CAREFULLY. THIS SEPARATION AGREEMENT, WAIVER AND RELEASE INCLUDES A RELEASE OF ALL KNOWN AND UNKNOWN CLAIMS. Witnesses: EMPLOYEE Name Printed: Now Date: Witnesses: AGENCY By: Name Printed: Date: 3 SunGard Public Sector Inc. 4001l ( /SSI Ct- High Point. NC 2 - Phone: 3(t) »3_(191 I - Fax: 40 - 500 -4231 - Entail: tbtackeiatt ossitisn.com SUNGARD Add -On Quote .. 07/13/ I I I - IQDBQ4 -_.G Tammy Bracl,en Date Quote # acct iNtgr Quote Prepared For: Port Orange, FL Tony Marano . Extended Annual Qtv Part Number Product Descnptnon Unit Price Price Maintenance 1 RMS- INT- L -\DSKL RIMS SKELETON INTERFACE TO 3RD PARTY CAD 5- ,500.00 57,500.00 51,200.110 A one - way interface allowing a 3rd party CAD vendor to transfer CAD event information to an intermediate table within the Records Mauagrment System for the purpose of creating a skeleton Incident Report composed of data elements defined as acceptable by SunGard. The data elements from the 3rd Party Veudot's CAD may also be used to create a skeleton incident report or incident supplement within the Mobile Field Repotting (MFR) application. The CAD vendor will establish a database connection to R and insert a single record into an intermediate staging table; one for each unit dispatched to a call where is case report number has been generated. 1Tie record should he inserted by the 3rd parry vendor as the �r dispatch transaction takes place (prior to CAD call closure) or when a case number is associated with the call and units are already dispatched to the call. .any third party costs required for the completion of the project have not been included un SunGard Public Sectors pricing. * ** RAMS- .-\ \1 -INST ADD -ON RMS SOFTWARE MODULES INSTALLATION S 1,400.u0 S2,800.0U 30.110 CHARGES I'ER MODULE Installation and setup of any add -on RMS modules that ate purchased in addition to the .rase R1sES Product. Message switch and snapping related items are 1101 a part of this item. 1 RMS- PROj- i \IGNT PROTECT \L- 1\AGE \IENT FOR RMS ji, -10) inn S1,- 100.00 jl).UO Includes professional services from SWIG aid for management oversight aad 1001divatiot1 with the Customer's project management, SunGard's internal resources and any third party vendors. Includes coordinating with the customer's project manager all SunGard related deliveries such as application software, implementation services, and scheduling of Su11( 1(1 s resources with the customer. This quote is yatid until 09/ 13/11 Total: $11,700.00 $1,200.00 1) When should the export to SunGard be created? A record should he written to the CFSIIOBILE table for each officer dispatched to a CAD event where a case number has been generated. If a case number has already been associated with the CAD eT; ent, create e ;port for each unit subsequently dispatched to the event should trigger 'x111 111 011 into the Cr S 1' B IL E table 11 Sonar AS they (111 dispatched (,prior to call; closure). i there are units already dispatched to a call and a case number has not yet been ,associated vvith the t;.1D event, one record should varor he written to the CFSMOB1LF table for each unit on the call at the time the case number is :generated and associated with the (,AD event. This is so that the officers can initiate and write ■cC Incident reports using Mobile Field reporting. 2) Can officer id be a optional field? No. The data in the officer id field should match the emmain.dept_id field in RMS. This is because the officer id is used to march the logged on MFR and the Can d i se nt to the appropriat l in u se r t cre th skeleton in cid en t r logged appropriate r - ^, _ _. �_ report. If multiple employees are in the car send a record to CFSMobile for each officer. 4) The case id format can vary from agency to agency is that a problem. No, as long as the caseid can fit into a varchar(12) field 5) Should the export be created to CFS Mobile or CFSXFER or both. The CFSMobile table needs to be populated primarily for officers to be able to create Skeleton incidents and to use Sun(ard MFR. The data entered by officers then goes into SunGrard's Incident table The data can he written to CFSXFER table to populate the Cad calls for service data into RMS. The Calls for Service table stores more information about the event and is typically stored for data query, referral purposes. The data can be written to both tables. Both tables are independent of each other because they have different purposes and it is up to the agency to choose whether it is desired that data be written in both places. err► Mort' SUNGARD 3 -oil Tn nF;�.�+ L�)S 2 , - 3 This Quote constitutes a Supplement ro the Contract and .Agreement he anti between the parries hereto. Except as otherwise provided herein, all toms and conditions of the Contract and Agreement shall iearain in tall tone and ettect. As applicable for certain customers, the teen " C01111201 and Agreement is 141 11111" defined as the softvale License & Se iv yes Agfeement and th. License Program Support Apref meat between true parries nt re10. Should Customer terminate this agreement per the " Term ot Comrac1" Section of the Contract and Agreement, die Customer agrees 10 pay. immediately upon temivati0rn, the leimaiiing balance 101 all hardware, software, and seiv-ices delivered prior to the termination date together with rnyel reimbursements, it ant related to the to:egoing Notwithstanding an language in the Contract and Ag*reenreur to the contract, the purchase of supp_ it sent• ices 110 cess 11 11) the continuation of Customer's License. Lifer: od Prograto(s) ,ire provided irr and 1 0 be used in tnarl_ine- readable eibject code form only. SunGard Public. Seetoi tilt „s ira C u.111101, (Ir i.ugh a ;11 party escrow agent, a Source Code Escrow Agreement that provides for release ot the source code version ot the Licensed Progra.u(s) from e50100 upon 1 occurrence of certain release events, such as SunGard Public Sector's failure to provide required maintenance services as agreed. Applicable taxes are not included, and, it applicable, will be added to the amount in the payment of invoice(s) being sear separately - l ravel and hvwg expenses are 111 addition to the prices quoted above and shall be goveiied by the SunGard Public Sector Corporate Travel and Expense Reimbursement Police. The SunClard Public Sector application software twarrann shall be for a period of one 1,11 year inter Delivery. There is no Testing and Acceptance period tall the Licensed Program(s) herein. Any interfaces listed above are interfaces only. Customer shall be responsible for obtaining the applicable software, hardware and system software from the appropriate third party vendor. Preprinted conditions and all other terms not included in this Quote or in the Contract and Agreement, stated on any purchase order or other document submitted hereafter by Customer are of no force or effect, and the terms and conditions ot the Contract and Agreement and arc amendments thereto shall control unless expressly accepted i w bw S Public Sector to Customer. Tliid party hard ware /software maintenance and /or warrant- will be provided by the third part hardware and software manufacturer(s). SunClard Public Sector muses no representations as to expected performance, suitability, or the satisfaction of Customer's requirements with respect to the hardware Of other third party products specified in dins Quote. The rerurn and refund police- of each individual third party hardware/ software supplier shall apply. This Agreement is based on the current licensing policies of each third part software manufacturer as well as all hardware nianutactn1016. In the event thar a manutacuuer changes ai_y of these respective policies or price,, Su "Gard Public Sector reserves the right CO ad;ust this 1 ),( 1 -.1,1 141 tether those Ni This Quo, shall be effective notwithstanding any provisions as to non availability of funds contained in the Contract and Agreement. The date 01 dell cr, is the dale on which SunGard Public Sector delivers, F.O.B. SunGard Public Sector's place of shipment :he Licensed Pt) 1 111,1 'o Payment Terms are as Follows: License, Conversion, Protect Planning, Project Management. Hardware and Third Part Sot Fees :ire due upon exetutoiu ( tans u )acre _raining, (tc.1esrr 111.11 Services and T11611'Li espy se 110 due as 1111 ._rtu in011(11 . ._, due upo_. coirpl etiou . Additional 811 -, i. r__10estc 1. invoiced at then- current rates. Any shipping charges shown are estimated only - actual slipping charges will be due uipou delivery. idardware and Third P110 Software Implemrentation is due 501 on execution of this Quote, and 50° -o due upon invoice, upon completion. SunGard Public Sector Application Annual Support - the initial tern of -Maintenance and Support Senlce5 is included in Lreuse Fees and begins upon execution ot 111 Quote and esreads 101 a twelve (1 2) 104111111 period. Subsequent terns of support will be for twelve (1'_) month: peiinds. commencing at the end 411 the itial support period. Support tees shown for the second refill 01 support shall be due prior (0 the start 01 that reran. Fe for subsequent r of support aid be due prior r0 the start of that term at the then prevailing rate. to Turd Pau; Application Annual Support Fees payment .ear.., shall he 1s provided by the Third Part ro Customer with the exception that ant fees listed above tot the initial term of support are due upon ex-_1160n of this t")uote. Accepted: I I Port ()range, Pl. " Date P nicc - �n>;nniuic r�c n r. ci _v;uiiC Vary SUNGARD 7/13/2011 1 :21:05 ` TQDRQ4 -56 Page 5 of 3