01-20-2011 COMMUNICATIONS INTERLOCAL AGENCY — GOVERNING
"tow BOARD
January 20, 2011 — Monthly Meeting Minutes
The January meeting was held pursuant to public notice at the City of Port
Orange, City Council Chambers, 1000 City Center Circle, Port Orange, Florida
on January 20, 2011.
The meeting was called to order at 9:08 a.m.
A role call was taken with Commissioners Jack Grasty and Ted Cooper in
attendance. Lynette Luff attended as Board Council. Mayor Allen Green was
absent. City Managers Pam Brangaccio and Tracey Barlow also attended the
meeting.
The regular minutes of the September 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
't- and Customer Agency Chiefs.
The Director noted to the Board that since the meeting notice had already been
posted, RCC received a bill from Emergency Technologies Inc. for the standard
software maintenance agreement in the amount of $27,799.07. The Director
asked that the Board approve payment of the bill. Mr. Cooper made the motion
to approve payment of the bill, with a second from Mr. Grasty, for unanimous
approval to pay the bill for ETI.
Under New Business, Director Bubb told the Board that the he had met with the
Executive Board along with the City Managers from Ponce Inlet, Daytona Beach
and South Daytona, with a meeting discussion on the Sheriff's proposal to
consolidate communication services countywide. The decision was made to
convene the Governing Board and relate what was discussed at that meeting.
Mr. Bubb summarized the Executive Board meeting, as the consensus was to
put a technical committee together to discuss the service levels, and possibly
produce an RFP for service based on existing and /or desired levels of service,
which RCC and the County would then bid on. This would not be a hardship for
RCC, as we are already providing the desired level of service. The discussion
was centered on two different things. Obviously, the dollar amount, the service
levels and probably the one that wasn't talked about a lot, which is the
governance issue. These three things would be formulated into a proposal to the
Now Sheriff and RCC. The dollar amount that the county came in at would probably
not include certain services currently being provided by RCC. At this time, we
10••• don't have answers to these questions. The bottom line is to formulate those
questions and present these questions to the County. The biggest issue is still
the governance question.
Mr. Cooper asked if the meeting included the City Managers that belong to RCC.
Director Bubb stated yes, contract and partners. Mr. Cooper then asked, that if
he understood correctly, the City Managers requested that RCC produce an RFP
stating what we provide in services and what we expect from the Sheriff's
Department. Mr. Cooper stated that he was surprised, as there was a proposal
on the table from the Sheriffs Office, not from RCC. The cities that use our
services understand what they are getting and like what they are getting, and the
biggest issue here is quality of service. Mr. Cooper's concern is why are we
being forced to put a proposal on the table, when we have a proposal that is
about as generic as he has ever seen. The proposer is the one that should have
his feet held to fire, and brought to this commission to explain those costs. We
know our costs, as well as the City Managers should. This whole thing stems
from someone throwing out some Iowball figures, like a used car salesman, and
they are not backing those figures up. Mr. Bubb stated that a representative from
each city would help him develop this document, and go back to the Sheriff and
say that this is specifically what the cities are looking for, and is the price still the
same, and again, the governance issue. Mr. Cooper asked then, if the Director
was preparing a document to present to the Sheriffs Office to request an
,,, explanation of the entire County proposal. Mr. Bubb stated that this is direction
he received from the cities. Mr. Cooper said that all the hidden costs and factors
are what the City Managers should be concerned about. Mr. Cooper said that he
would like to see the Sheriffs proposal on more than just one sheet of paper.
Director Bubb told Mr. Cooper that the process that we need to go through is the
same one that the Port Orange Police Department went through with the Sheriff's
Office. Mr. Cooper asked who was put on the technical committee tasked with
creating the questions to Sheriffs Office. Mr. Bubb believes that it was left to
each City Manager to choose a delegate for the committee. Mr. Cooper asked if
appropriate people had been chosen as it relates to RCC. Tracey Barlow
approached the Board and stated that the response to the Sheriffs Office is a
very detailed, multiple page questionnaire, addressing each item addressed in
the proposal and those that are not. At the end of the process, the cities would
have a document showing what is included in the Sheriff's proposal and what is
not, with the additional cost to the city. Mr. Barlow stated that he would lead the
technical committee in this project and has already started working with Mr. Bubb
in putting the document together. Ms. Brangaccio stated that she has a Police
Lieutenant that actually works the communications system in NSB and knows the
RCC system. Ms. Brangaccio also stated that the RFP discussion actually came
from Port Orange and Daytona Beach. Daytona Beach is going out for RFP and
seemed to be what Mr. Chisholm was going to recommend to his commission. It
also seemed that Mr. Chisholm was going to recommend to his commission that
100 the City of Daytona Beach go ahead and give the County the 180 notice that is
required under their contract with the County. Ms. Brangaccio then said that Mr.
'" Parker then made the point that the RFP would then compare apples to apples
rather than have the Sheriffs Office dictate the level of service that would be
offered by the County. In New Smyrna Beach's case, you almost have to go
through the exercise. It's hard to just put it on the table and say we're not going
to look at that. Ms. Brangaccio stated that it was their idea to have Mr. Barlow in
charge of the committee due to his background. Then when all information is
received, we would bring that analysis back to the Governing Board for review.
Mr. Cooper asked if the Governing Board was able to add some input, which
Board Counsel answered yes. Mr. Cooper stated that the ultimate concern was
that we were telling the competition what we wanted. Competition needs to tell
the consumer what they're going to provide. Then you ascertain what you're
losing and why you say yes or no to any proposal. Mr. Cooper said that we're
going about this in the wrong direction. We didn't make the proposal, why do we
have to substantiate the proposal. If the Sheriff can't give you any more
information on his proposal than what was provided in that letter, Mr. Cooper
stated that he would throw it in the trash because there are too many hidden
costs. Let the Sheriff explain himself, he made the proposal and he truly believes
that this is a little bit of a vendetta thing, because the Sheriffs Office knew
Daytona Beach was going to RFP. Mr. Cooper doesn't believe that the Sheriff
can perform the services that we have been getting from RCC at a cost of
anything near what the cities are currently paying.
Ms. Brangaccio stated that the meetings would be in the sunshine, and anyone
was welcome to attend. She also stated that it's important to go through the
analysis. Governance is very important in how the RCC works. That was a point
of discussion at the City Manager's meeting. Mr. Cooper stated that there are so
many things that we do, that are in conflict with the County. Mr. Cooper is also
afraid that the citizens are going to foot the bill for a one year Iowball price, and
next year the cost would go through the roof. Mr. Barlow told Mr. Cooper that
this process could go in phases. Phase 1 would include services which are
included and not in the proposal and what the costs would be. Then if Phase 1
was satisfied, Phase 2 would then include more formal questions with service
levels and governance. Mr. Cooper asked Mr. Barlow if he felt comfortable
presenting himself totally exposed and asking for them to satisfy a list of
concerns. Mr. Barlow stated that unfortunately a letter was sent to each city in
RCC with a figure that has gotten the attention of the media, and the residents
we service. We need to justify the cost savings to the citizens. Mr. Cooper
stated that the last thing anyone wanted was to cost the citizens more money,
but also that he didn't want to cost the citizens, safety, security and service that is
currently being provided in an exemplary manner. Mr. Barlow stated that that
was why he felt we had to go through the formal analysis. If the Sheriff can
provide all the savings that he states, and that all services provided by RCC will
be provided by them, but doesn't give governance an opportunity, than that's a
decision the Governing Board can make to say thanks, but no thanks and that
would be the deal breaker.
Ms. Brangaccio stated that they wanted to get all three Commissions together for
a joint meeting, with the results of the analysis from the County, and invite the
press to attend, so that they can actually see what the actual cost of dispatching
emergency services is. And why the recommendation was made to stay with
RCC.
Mr. Cooper stated that everything will have to come before the Board eventually,
but to make sure that every concern is addressed, and that he has great
confidence in Mr. Barlow. Mr. Cooper reiterated that his concern is that we're
showing our hands to someone who came up with an overall figure, and after you
do this, you can't go backwards, but he can.
Mr. Barlow suggested to the Board that once the questions were answered on
Phase 1 from the Sheriffs Department, he would request that the Board convene
and review the findings, with the Board recommending whether to continue a little
deeper or stop. Mr. Cooper stated that we are doing every bit of the Sheriff's
work for him, in regards to the proposal, and it's costing the cities money to put
the time in to complete the analysis. He also stated that the Sheriff can play with
our numbers, but we can't.
** Mr. Cooper said that there is a lot at stake here. Mr. Bubb stated that if the joint
commission meets on February 24 with a joint decision being made at that time,
the Director's initial time frame for bringing Daytona Beach on was to start hiring
people on March 1st for training to bring on Daytona. If the Director can't do,
what he does, it pushes the time line back for Daytona to join RCC. Equipment
would need to be purchased, space allocated for additional dispatchers. Mr.
Cooper stated that it wouldn't put the Director in a bad light, if the timeline was
pushed forward.
The Director stated that as he understood, the committee would convene to
discuss the financial, governance and service issues with the County. As soon
as we have a product, we will reconvene the Board to review the results. Mr.
Barlow hopes to have answers before February 24 so the Commissions can
convene and review.
The me= ing wa-. adjourned at 1:02 a.m.
Appr.ved by a Board o If arch 24, 2011
By
0 /C6._ — —
Allen Green
Now
COMMUNICATIONS INTERLOCAL AGENCY
EMPLOYMENT AGREEMENT
THIS AGREEMENT is made and executed this 24'" day of March , 2011, by and
between the Communications Interlocal Agency, an entity existing pursuant to an
interlocal agreement as authorized by Section 163.01, Florida Statutes (hereinafter
referred to as "Interlocal Agency ") and David B. Bubb of Port Orange, Florida
(hereinafter referred to as "Mr. Bubb ").
It is the desire of the Interlocal Agency to specify certain benefits, establish certain
conditions of employment and to set working conditions of Mr. Bubb.
SECTION 1. DUTIES:
The Interlocal Agency hereby agrees to employ Mr. Bubb to perform the functions and
duties in the position of Communications Director of the Regional Communications
Center.
Additionally, Mr. Bubb shall comply with the Interlocal Agency administrative
procedures, and other applicable laws, and shall perform such other legally permissible
and proper duties and functions as may be assigned from the Interlocal Agency
Governing Board (hereinafter referred to as the "Board"). Mr. Bubb shall be responsible
for keeping the Board informed of his activities and shall submit progress reports on his
activities and accomplishments as required by the governing Interlocal Agreement and
when otherwise directed to do so. Office hours shall be maintained in the appropriate
office in accordance with directions from the Board.
SECTION 2. TERMS:
This Agreement shall be for a three (3) year term in force from February 14, 2011 until,
unless this Agreement is terminated in accordance with the
provisions set forth below. Mr. Bubb shall serve at the will and pleasure of the Board.
Should the Board elect to terminate this Agreement, the Board shall provide thirty (30)
days notice. The Board may elect to accept the date of notification as the last date the
employee is required to work, and may elect to pay the employee for all or part of the
period of the thirty (30) day notice as if the employee actually worked these days.
In the event Mr. Bubb is terminated by the Interlocal Agency, he is entitled to six (6)
months severance pay. The Interlocal Agency shall have no obligation to pay any
severance to Mr. Bubb in the event he is terminated because of either conviction of any
felonious act or criminal act involving personal gain, commission of gross negligence in
his position of Communications Director, or willful disregard of any duty, order,
resolution, directive, rule or policy of the Interlocal Agency.
Bubb Employment Contract
Final 03/05/08
Should Mr. Bubb elect to terminate this Agreement, Mr. Bubb shall provide thirty (30)
Now
days notice. If Mr. Bubb provides notice of termination, the Board shall have the right to
accelerate the date of termination, with compensation payable to Mr. Bubb to the date,
which was provided as an effective date of termination.
By executing this Agreement, Mr. Bubb expressly acknowledges that he is not entitled to
any other usual customary benefits, terms and conditions of employment with the
Interlocal Agency, with the exception of the specific benefits outlined in this Agreement.
Mr. Bubb understands and expressly agrees that he is a contract employee for all
purposes, including any federal or state statute or constitutional proviso.
SECTION 3. SALARY AND BENEFITS:
In consideration of the services rendered by Mr. Bubb, the Board agrees to provide an
annual salary of $70,033.60, paid biweekly in the gross amount of $2,693.60. The
Interlocal Agency shall deduct, biweekly, from that amount, Federal Income Tax
withholding, Medicare, medical and dental for dependents, and Social Security. The
Interlocal Agency shall pay Workman's Compensation Insurance and Public Liability
Insurance coverage premiums. Mr. Bubb's annual salary shall be increased annually by
a cost of living adjustment equal to that received by the employees of the Regional
Communications Center.
Mr. Bubb's duties require that he shall have the exclusive use of an automobile at all
times during his employment with the Interlocal Agency provided to him. Mr. Bubb shall
have use of this vehicle for official and personal use within Volusia County, the State of
Florida, throughout the United States of America and as otherwise authorized by the
executive committee. The Interlocal Agency shall be responsible for paying for fuel,
liability, property damage, and comprehensive insurance and for the purchase,
operation, maintenance, repair, and regular replacement of said automobile. In order for
family members to be transported in Agency -owned vehicles, an insurance rider must
be placed on the individual's insurance policy. A copy of the insurance policy must be
filed with the Interlocal Agency's contract servicing agent, risk manager.
The Interlocal Agency agrees to provide medical and dental benefits for Mr. Bubb and
his dependents and to pay the premiums thereon for 100% of Mr. Bubb's coverage and
50% of his dependent's coverage.
Mr. Bubb shall be provided annual personal leave in the amount of 192 hours. The
Parties agree that after the first year that personal leave shall not be less than the leave
provided in the first year and shall be consistent with the policies, procedures and
agreements adopted by the Board for the Interlocal Agency employees and shall include
rates for accruals and terms for fiscal year end payouts.
Bubb Employment Contract 2
Final 03/05/08
The Interlocal Agency will provide Life Insurance in the amount of $150,000. Disability
insurance will also be provided by the Interlocal Agency.
SECTION 4. SPECIAL PROVISIONS:
The Interlocal Agency shall contribute ten (10 %) percent of Mr. Bubb's salary, on a
biweekly basis, to the ICMA -RC 457 Retirement Plan.
Should the Interlocal Agency be deemed to be an improper organization by any
challenge by local, state or federal agencies which results in the organization ceasing to
exist and through no fault of Mr. Bubb, he shall be entitled to six (6) months severance
pay.
The Interlocal Agency will pay membership dues for Mr. Bubb for APCO and NENA, or
substitute organizations at the discretion of the executive committee. If the budget is
adequate, the Interlocal Agency shall pay for attendance at the annual conference of
two state and one national organization.
Mr. Bubb will be provided with a cellular telephone or blackberry or combination devise
to be used in accordance with the policies of the administrative agency, or as provided
by the executive committee.
SECTION 5. GENERAL PROVISIONS:
Nur
If any provision, or any portion thereof contained in this Agreement is held to be
unconstitutional, invalid or unenforceable, the remainder of this 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 this Agreement, the prevailing party shall be entitled to
recover attorneys' fees, and related expenses and court costs. Any litigation arising out
of this Agreement shall be entered into in a court with the appropriate jurisdiction for
Volusia County, Florida.
This Agreement is the sole and complete Agreement between the parties, and all prior
agreements or understandings are extinguished by the Agreement. This Agreement may
only be amended by a written document signed by both parties. Mr. Bubb shall adhere
to the administrative policies of the City of Port Orange, the Board's contract servicing
agent, as said policies are amended from time to time.
Bubb Employment Contract 3
Final 03/05/08
Should the parties elect to extend this Agreement, all provisions shall be open for renegotiation.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed
by affixing their signatures thereto on the date indicated.
Dated:
David B. Bubb
Communications Interlocal Agency, a
Florida interlocal agreement entity
Date: B
Chairman Alien Green
*s,,. Date: By:
Michael Thomas
Date: By:
Jack Grasty
4