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Agenda Special 01-28-02 CITY COMMISSION CITY OF DELRAY BEACH, FLORIDA SPECIAL MEETING - MONDAY, JANUARY 28, 2002 5:00 P.M. CITY MANAGER'S CONFERENCE ROOM 1993 2001 The City will furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program or activity conducted by the City. Contact Doug Randolph at 243-7127 (voice) or 243-7199 ('IT)D), 24 hours prior to the program or activity in order for the City to reasonably accommodate your request. Adaptive listening devices are available for meetings in the Commission Chambers. Pursuant to Section 3.07 of the Charter of the City of Delray Beach, Mayor David W. Schmidt has instructed me to announce a Special Meeting of the City Commission to be held for the following purposes: 1. RATIFICATION OF THE COIJ~ECTIVE BARGAINING AGREEMENT & MEMORANDUM OF UNDERSTANDING/PROFESSIONAL FIREFIGHTERS LOCAL 1842 IAFF: Approve and ratify the Collective Bargaining Agreement and Memorandum of Understanding between the City and Professional Firefighters of Delray Beach, Local 1842 IAFF, for a 3 year period between October 1, 2001 through September 30, 2004. 2. ALLOCATION OF $12.50 FUNDS FOR COUTYWIDE INTEROPERABLE RADIO SYSTEM: Direction regarding the City's position concerning the allocauon of $12.50 funds for Countywide Interoperable Radio System. 3. Commission Comments Barbara Garito, CMC City Clerk Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. CITY COMMISSION CITY OF DELRAY BEACH, FLORIDA SPECIAL MEETING - MONDAY, JANUARY 28, 2002 5:00 P.M. CITY MANAGER'S CONFERENCE ROOM DELRAY BEACH 1993 2001 The City will furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to parucipate in and enjoy the benefits of a service, program or activity conducted by the City. Contact Doug Randolph at 243-7127 (vmce) or 243-7199 (i'DD), 24 hours prior to the program or activity in order for the City to reasonably accommodate your request. Adaptive listening devices are available for meetings in the Commission Chambers. Pursuant to Section 3.07 of the Charter of the City of Delray Beach, Mayor David W. Schmidt has instructed me to announce a Special Meeting of the City Commission to be held for the following purposes: RATIFICATION OF THE COLLECTIVE BARGAINING AGREEMENT & MEMORANDUM OF UNDERSTANDING/PROFESSIONAL FIREFIGHTERS LOCAL 1842 IAFF: Approve and raufy the Collective Bargaining Agreement and Memorandum of Understanding between the C~ty and Professional Firefighters of Delray Beach, Local 1842 IAFF, for a 3 year period between October 1,200~[ through September 30, 2004. 2. ALLOCATION OF $12.50 FUNDS FOR COUTYWIDE INTEROPERABLE RADIO SYSTEM: Direcuon regarding the City's positron concerning the allocation of $12.50 funds for Countywide Interoperable Radio System. 3. Commission Comments Barbara Garito, CMC Cxty Clerk Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. HUMAN RESOURCES MEMORANDUM RECEIVED JAN 2 CITY MANAGER To: From: Date: Subject: David T. Harden, City Manager Edward J. Gusty, Human Resources Director January 22. 2002 IAFF Agreement - Cost Projections The attached IAFF PositionsNVages spreadsheet represents cost analysis on a hourly basis for the following fiscal years: 2001-02 Current Payroll 4.2% Adjustment as of 11/3/01 2.0% Trust = 119,658 2.2% Pay Adj. = 124,542 Perf Eval. @4.5% projected Projected Total Ending 2002 Bonuses Total new projected 2001-02 Cost Annual $5,784,435 244,200 256,780 $6,285,415 10,760 $6,296,175 (8.66% Increase) 2002-03 Current Payroll Perf. Eval. @4.5% projected Experience Adjustment Projected Total Ending 2003 Bonuses Total new projected 2002-03 Cost $6,285,415 253,822 276,033 $6,815,270 2O2,744 $732,599 (8.43% Increase) 2003-04 Calculations for projected costs for the third fiscal year had not been analyzed as of 11/30/01, but ranges for the salary schedule are increased at the minimum/maximum rates by 3%, and there are no other salary adjustments other than the annual performance evaluation. b~-MORANDUM OF UNDERSTANDING The City of Delray Beach, Florida and the Professional Fire Fighters and Paramedics, Delray Beach, Local 1842, IAFF (the parties) agree as follows: 1. For fiscal year 2001-02, all employees covered by the agreement and currently on the payroll as of 11/3/01 shall receive a one-time implementation adjustment of two point two percent (2.2%) of the employee's base rate of compensation. This increase shall take effect on the payroll beginning 11/3/01. 2. Effective on May 1, 2003, all employees covered by the agreement and currently on the payroll as of May 1, 2003 shall be eligible for a one time increase in the base rate of pay payable on the first full payroll in May, 2003. Such adjustment shall be made on the following schedules: Employees who, as of May 1, 2003, have completed two (2) years of service - $1,500; four (4) years of service - $3,000; six (6) years of service - $4,500. These are annual rates and shall be calculated and paid on an hourly basis. Employees who are topped-out or reach the top-out of their salary range by this adjustment shall be paid the balance due but not received within the salary range in a one-time bonus basis. 3. This Memorandum of Understanding is intended to substitute for and supercede the entire Memorandum of Understanding between the parties dated March 22, 2000 and such Memorandum of Understanding shall no longer have any force and effect. 4. The parties represent that they have full legal authority to enter into the Memorandum of Understanding. 5. Ail other terms of the Collective Bargaining Agreement for this period October 1, 2001 through September 30, 2004 are binding, except where expressly modified herein or hereinafter modified by the parties. Dated this day of , 2001 Attest City of Delray Beach, Florida City Clerk By: City Manager Approved as to form Professional Fire Fighters & Paramedics, Local 1842 City Attorney By: President £1TY OF DELAI:IY BEI:I£H DELRAY BEACH ! 993 2001 100 N.W. 1st AVENUE DELRAY BEACH, FLORIDA 33444 561/243-7000 TO: FROM: DATE: SUBJECT: City Commission David T. Harden, City Manager January 24, 2002 ALLOCATION OF $12.50 FUNDS FOR COUNTYWIDE INTEROPERABLE RADIO SYSTEM Attached is a memo from Jamie Titcomb, Executive Director of the Palm Beach County League of Cities stating the position on this issue which is to be considered by the League Board of Directors at a special meeting on January 30, 2002. Also attached is the draft resolution prepared by County staff and a table showing how the funds would be distributed based on population vs. point of collection. Prior to the League of Cities meeting on the 30th, I think the City Commission should give direction as to how we should vote on this issue. I will be out of town on the 30th and Commissioner McCarthy will represent us at the League meeting. I have previously stated to the League of Cities Board that I did not think allocating the funds based purely on the point of collection was the most appropriate method since they are, by statute, to be used for a countywide interoperable radio system. I thought some combination of point of collection and population might be more appropriate. Of course, if we went purely by population as the County staff has proposed, we would stand to receive almost twice as much money as we do based on the point of collection. The City of West Palm Beach on the other hand would receive less than half of what they would get based on the point of collection. My position on this issue is based on the rational that these funds are designated by State law for an interoperable countywide radio system; therefore, they should be distributed based more on need than point of collection. DTH/gb Attachments U:\CM memos\Commission re Allocation of $12:50 Funds.doc THE EFFORT ALWAYS MATTERS Ptfnted o~ Recycled Paper From .l'awae TItcomb PBC League of Clues 561-355-4484 To City Manager David Harden Date' 1/18/02 T~rne 12 21 16PM 2001-2002 Board Members /lrea codes are 561 Ken Schultz (President) Mayor, Tow~ of Hypoluxo Phone 582-0155, Fax 552-0703 kschultz@hypoluxo org Dr Cam~ine A Priore (I* Vice President) Councilmember, Vdlage of Wellington Phone 791-0991, Fax 798-6590 Cpnorei~weilvdlage corn Beverly S~mth (2~ V~ce Pra~ident) Counc~lmember, V~tlage of Palm Springs Phone 967-8273, Fax 965-0899 Bevsm~th@aoi corn Mo Thornton (Secretaryrl'reasuror) City Manager, C~ of A0anbs Phone 965-1744, Fax 642-1806 Ma_thornton@msn corn Charley O'MeJha (District 1) Councdmember, Village of N Palm Beach Phone 622-7010, Fax 881-7469 Carmela Starace (D~st6ct 2) Councllmember, Vdlage of Royal Palm Beach Phone 790-4680, Fax 7.g~5174 Tomstarace@aol corn Peter Noble {D~stnct 3) Councilmember, C~bj of Greenacres Phone 433-3019, Fax 434-4709 Pnohle@c~ greenacres fl us Lmf Ahnell (D~stnct 4) City Manager, C,t7 of Boca Raton Phone 393-7700, Fax 367-7014 Bocacm@ci boca-raton fi. us Bobby "Tony' Smith (Distnct 5) C~ Manager, C~ of Belle Glade Phone g96-0100, Fax 992-2221 b_spence@thte.net Mary Brandenburg (Large City) Commissioner, C~ty of West Palm Beach Phone 659-8099, Fax 653-2630 Mbra~en@cl west-palm-beach fl us Dawd Harden (Large C,ty) Cd7 Manager, C~ty of Delray Beach Phone 243-7010, Fax 243-7199 Harden@cl delray-beach fl us Edward Rodgers (Large Cdy) Council Chair, C~ of Riviera Beach Phone 842-0497, Fax 863-3236 Gerald Broemng (Large CitT) Mayor, C~ty of Boynton Beach Phone 364-4716, Fax 742-6011 Broenmgg@c~ boynton-beach fl us Donald Daniels (Large City) Councdmernbor, Town of Jupiter Phone 746-5134, Fax 575-9730 Rodney Rornano (Large City) Mayor, C~ty of Lake Worth Phone 586-1600, Fax 586-1750 mdney@c~tyottakewo rth.o rg Retha Lowe (krrnedmte Past President) Phone 586-7276 The Palm Beach County League of Cities, inc. Page I of 3 RECEIVED ~J~ CiTY MANAGER F A X - M E M O To: Board Members Jamie Titcomb, Executive Director $12.50 Funds Allocation Update and Special Board Meeting Date: January 18, 2002 Message: There will be a Special Board Meeting on January 30th at 9:00 a.m. in the West Palm Beach City Commission Chambers to discuss the attached $12.50 funds allocation issue. From: Samie T~tcomb PBC League of Cit:es 561-355-4484 To Crt)' Manager David Harden Date- 1/18/02 Time 12 21:16 PM Page 2 of 3 Palm Beach County League of Cities Member Brief Page 1 of 2 January 17, 2002 Memorandum From: James Titcomb, Executive Dkector - Re: Allocation of $12.50 Ticket Monies - League Update RECEIVEO CiTY MANAGER At the January l 1th board of directors' meeting of the Palm Beach County League of Cities, the board directed president Ken Schultz, attorney Trela White and executive director Jamie Titcomb to meet with Palm Beach County Administrator Bob Weisman and staff' to communicate outstanding issues and League positions related to the county-wide, interoperable communications system and the allocation of the $12.50 monies derived by traffic tickets. This meeting took place on January 17, 2002. In attendance were Bob Weisman, Vince Bonvento and Audrey Wolf from the county; Diana Cunningham from the Criminal Justice Commission and the above mentioned League representatives. The League covered two areas of pertinent issues, including corrections and updating of the accumulated data for "12.50 funds" and modifications to the resolution amending county resolution R-99-2343D. The key areas identified appear in bullet format below. Data collection chart amendments: The chart should show unincorporated area collections. Data for collections made within cities currently under PBSO contract should be noted and used for future credits on the reimbursement program. The chart should also be footnoted and amended to clarify the collection periods and any notable detail as backup to the commission. The final two columns will he removed from the previously distributed county "$12.50 collections" chart; currently predisposing whether a city is subscribing to the county system in place or joining a system directed by the MPSCC, since such decision rests with the municipality and could change. Amending resolution modifications: Language has been proposed to include the role and work of the League of Cities, CSOPAC, the MPSCC and others toward allocating and resolving the allocation methodologies. It further identifies the mutual understanding of the county and the League to recognize the expenditures already made and proposed to be made by many cities toward interoperability on the existing Motorola system and allow for direct reimbursement to those cities meeting the statute prescribed criteria. Beyond that, cities will choose to allocate their funds pro-rata to the county-based system or a municipal based interoperable system to be developed. From JnmieT~tcomb PBC League of C~t~es 561-355-4484 To C~ty Mmager David Harden Date. 1/18/02 Ttme 12 21 16 PM Page 3 of 3 Palm Beach County League of Cities Member Brief Page 2 of 2 $12.50 traffic ticket fine collections data should be used for the distribution methodology, as it is in keeping with the intent of the statute definition and, represents a fair and equitable distribution based on that point of generation. A review process should be enacted for disputes and legal interpretations not resolved by the county's Facilities Administration. A panel made up of the County Administrator, the League's Attorney and an Assistant County Attorney will review disputes for clarification and resolution in order to avoid a hearing before the Board of County Commissioners. Our League attorney will work directly with county staff to wordsmith these changes to present to the county commission prior to the February 5th commission meeting. Administrator Bob Weisman informed us that county staff is recommending the expansion of the county system already in place, with space for all cities who desire to join. If cities decide individually, or as a group (i.e. MPSCC), to pursue an additional system or enhancements (which meet applicable statute criteria), the county's only role in that system will be to transmit the required reports/paperwork to the state as required by applicable regulations and work with the cities to assure interoperability. It will be the responsibility of the "new" system administration to provide all required data and paperwork to both certify and operate that component. The ultimate decision for allocation methodologies of the $12.50 funds rests solely on the decision of the Board of County Commissioners at this point. If you have a specific issue or interest in this matter, you are encouraged to contact your county commissioner directly and let it be known. This item is agendized for heating on February 5th 2002, time certain at 10:30 AM, in the County Commission's chambers at the Governmental Center in West Palm Beach. Palm Beach County LEAGUE of CITIES, General Membership Meeting Wednesday, January 30th, 10:30 AM City of West Palm Beach - Commission Chambers City Hall, 200 Second Street, WPB - 659-8024 Directions' From 1-95, take Okeechobee Boulevard east to Olive Ave, then north, just past Clematis, to Banyan, take right on Banyan and park in either the city hall lot on the left or in the municipal garage on the south side of Banyan There is also plenty of street & garage parking in the immedtate vicinity Ctty hall is right across from the ?BC Gov. Center Agenda: 1. Call to Order, Invocation, Flag Salute and Welcome ............................. Hosting City Officials 2. Roll Call Cities and Associate Self Introductions .................................... Secretary & Members 3. Additions, Deletions and Modifications to Agenda ..................................................... Members 4. Approval of Minutes - General Membership, November 28, 2001 ................................ Mailed 5. Presentations: a. County Issues Update, County Commissioner .................................................. Information b. Palm Beach County Days & Legislative Session Update ................................. Information 6. Miscellaneous Business a. New Member Announcements: Ted Cott Group, Marketing ............................ Information b. Board & Committee Openings: .................................................................................... none 7. Committee Reports ................................................................................................... Information a. Education/Scholarship ............................................................................ Mary Brandenburg b. Environmental ........................................................................................... Charley O'Meilia c. Legislative .................................................................................................... Carmine Priore d. Policy & Procedures ............................................................................................ Bev Smith e. Programs ..................................................................................................... Carmela Starace f. Strategic Planning ........................................................................................ Carmine Priore g. Transportation .................................................................................................. Dave Harden Legal Issues Update ......................................................................................... League Attorney League Staff Report ...................................................................................... Executive Director D~strict I, II, III, IV & V Reports ............................................................................. Information Member Comments from the Floor ............................................................................. Members Upcoming Meetings Announcements: (Mark your calendars) a. League Board of Directors ~ Gov. Center ......................................... 10 AM, February 13 b. General Membership ~ City of Delray Beach ............................... 10:30 AM, February 27 c. Florida League of Cities Legislative Action Day & Gold Coast League Luncheon, Tallahassee ................................................... February 20 d. National League of Cities Legislative Conference, Washington DC ............... March 8-12 e. Annual League Installation & GALA, Ritz-Carlton .................6:30 PM Saturday, May 18 Adjournment ................................................................................. (Lunch follows the meeting) Visit www. leagueq£cities, org for all the latest information and governmental links. 9. 10. 11. 12. 13. (561) 355-4484 · Fax 355-6545 · Email: j titcomb @ co.palm-beach.fl.us Mail. P.O.Box 1989, Governmental Center, West Palm Beach, Florida 33402 Office: 301 N. Olive Avenue, West Palm Beach, Florida 33401 Palm Beach Co. unty League of Cities, Inc. GENERAL MEMBERSHIP MEETING Wednesday, November 28, 2001 at 10:30 a.m. City of Atlantis Country Club MINUTES Call to Order, Invocation, Flag Salute and Welcome by City Officials - President Ken Schultz called the meeting to order at 10:45 a.m. Mr. Gale English of South Indian River Water Control District led the invocation, followed by the flag salute. Atlantis Mayor William Howell welcomed the general membership to his city. Roll Call Cities and Self-Introductions of Associate Members Present - Secretary/Treasurer Mo Thornton took roll and a quorum was attained. Cities represented were: Atlantis, Belle Glade, Boynton Beach, Cloud Lake, Delray Beach, Greenacres, Haverhill, Highland Beach, Hypoluxo, Juno Beach, Lake Clarke Shores, Lake Park, Lake Worth, Lantana, Manalapan, Mangonia Park, North Palm Beach, Ocean Ridge, Palm Beach, Palm Beach Gardens, Palm Springs, Riviera Beach, Royal Palm Beach, South Palm Beach, Wellington and West Palm Beach. Absent were: Boca Raton, Briny Breezes, Golf, Gulf Stream, Jupiter, Jupiter Inlet Colony, Pahokee, Palm Beach Shores, South Bay and Tequesta. Associate members present introduced themselves. 3. Additions, Deletions and/or Modifications to Agenda - None 4. Approval of Minutes- General Meeting, October 24, 2001 The general membership approved the minutes of the October 24th meeting. Presentations Florida League Involvement - "State of the State" Florida League of Cities (FLC) Legislative Affairs updated the membership on the State's budget deficit sessions. Director John Thomas discussions in the special In other issues, Mr. Thomas said that the FLC's Legislative Agenda includes homeland security and growth management. To get actively involved in the legislative process, Mr. Thomas urged cities to attend the FLC Legislative Action Day on February 19~h, contact local legislators and join FLC committees. Bo Palm Beach County Days 2002: Involvement of municipalities palm :Beach County_ Community. Relations & Marketing Manager Iva Grady gave a brief overview of scheduled events for Palm Beach County Days in Tallahassce. Cities not yet registered were urged to sign up immediately due to limited hotel rooms. Ms. Grady also announced that there was an interest among several cities to charter a bus to go to Tallahassee for Palm Beach County Days. Miscellaneous Business PBC-ERM Ordinanc~ on Prohibited Plant Species, Invasive/Non-Native/Exotics League Attorney Trela White said that the County pulled the proposed Ordinance on Prohibited Plant Species for amendments, but expected the item to be on the January 30th General membership meeting agenda. Resolution Supporting Mayor Jim Naugle of Ft. Lauderdale for 2"a VP of NLC Attorney White presented League Resolution 01-04 supporting the candidacy of Ft. Lauderdale Mayor Jim Naugle for second vice-president o£ the National League of Cities. The membership adopted the resolution. New Member Announcements: The Children's Place at Home Safe and the Gehring Group President Schultz welcomed new associate members The Children's Place at Home Safe and The Gehring Group. 7. Board & Committee Appointments - None 8. Committee Reports - None 9. District Reports - None 10. Member Comments from the Floor A. MPSCC Chair and Atlantis Police Chief Robert Mangold gave a brief update regarding the countywide radio system and reiterated the MPSCC's support for the MA/COM system. Realtors Association of the Palm Beaches Government Affairs Vice President Jennifer English invited the membership to attend a free seminar on the preservation of wetlands. 11. Staff Report · Attorney White announced the Florida Senate adopted the Statewide Building Code, which would be in effect on January 1, 2002 (unless extended by legislature). Although cities are bound by the new code, she said that cities may adopt their own administrative and technical amendments. If technical amendments were challenged, an appeal would be filed and heard by the Building Code Advisory Board. · Executive Director Jamie Titcomb announced that: · Sponsors were needed to support the Annual Tri-Cities Barbecue in Belle Glade; · Elected officials and city managers interested in joining the Board of Directors for 2002-2003 could contact the League; and · New headquarters of the Supervisor of Elections was opening on December 10t~. 12. Meeting Announcements - (,'lnnounced) 13. Adjournment- The meeting adjourned at 11:45 a.m. RESOLUTION NO. R-02- RESOLUTION OF THE BOARD OF CO[JNTY COMMISSIONERS OF PALM BEACH COUNTY,~ FLORIDA AMENDING RESOLUTION R-99-2343D, SUPPORTING THE ALLOCA-i-[ON OF A PORT~ON OF THE FUNDS COLLECTED PURSUANTTO SECT[ON 318.21(10) FLORIDA STATL~TES FOR THE BENEFFF OF THE PIUNIC[PALFI-~ES AND THE ENHANCEMENT OFTHE C6UNTY'S INTERGOVERNMENTAL COMMUNICATIONS PROGRAM, AND PROVIDING FOR DISBURSEMENT PROCEDURES· WHEREAS, Section 318.21(10), Florida Statutes requires any county which participates in an intergovernmental radio communications program approved by the State of Florida Department of Management Services to use $12.50 from each moving traffic violation to fund that county's participation in the program, and WHEREAS, a portion of the revenues collected are from violations which are wriL-ten by municipal law enforcement officers within the municipal limits, and WHEREAS, the Board of County Commissioners has entered into a contract for, end is in the process of implementing a Countywide 800 MHz trunked radio public safety communications system which meets the requirements of FS 318.21(10) as determined by the State of Florida Department of Planagement Services, and WHEREAS, the Board of County Commissioners can encourage interoperability of municipal communications systems with the Countywide pubhc safety communications system by allocating a portion of the revenues generated by municipalities for their benefit and therefore enhancing the County's Intergovernmental Communications Plan. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA, that: 1. The purpose of the Resolution is to establish a process by which a portion of the $ ].2.50 Honies, specifically the monies collected from violations written by Municipal Law Enforcement Officers can be used to facilitate municipal participation in an interoperable public safety ra&o com:'nunica tions system. In order to implement this direct[on, on .lanuary 1, 2000, the County will estabhsh separate Orgs within Fund 172. The Clerk of the Circuit Court will assign all $12.50 monies t. ha[ are collected from moving violations written by municipal law enforcement officers into the Plunicipal Org and all $12.50 monies that are collected front moving violations wri~en by PBSO, Florida H~ghway Patrol and other non-municipal law enforcement agencies within Pahn Beach County into the County Org. This supplements the requirements of Resolution #R92-1187 and to the Page I of 6 extent that there 'are conflicting provisions, the provisions of this Resolution supercede. Definitions A. Counb/Orq.- The portion of the $[2.50 monies in Fund ~.72 which are collected by ?BSO, Florida Highway Patrol and other non-law enforcement agencies. · B. Count, vide System -The 800 MHz trunked radio system funded, purchased, installed, maintained and owned by the County including fixed and field transmitting and receiving equipment, a microwave system for communications beLv~een sites, SmartZone Control[er and related management equipment, dispatch consoles and related equipment. C. Eliqible Expenses - Capital purchases and other expenses which may be allowed pursuant to the requirements of 318.2_t(J. 0) F.S. D. Fund ~.72 - The fund within the County's accounting system that all revenues collected pursuant to 3~.8.2].([0) F.S. are deposited. E. Municipal Orq ~ The portion of the $12.50 l'4onies in Fund 172 which were collected by munidpal law enforcement officers. F. Municipal Public S~ feL'y Communications Consortium (MPSCC) - An entity of municipalities created under interlocal agreement as provided for by [63.01 F.S and incorporated as a not-for- profit organization created for the purpose of establishing an interoperab[e munidpal radio system G. Particioating Nunicioahty - A munidpality that is a part of the Countywide System via one of the following three methods; ~.) direct access, 2) connection through the SmartZone Controller, or 3) connection to a municipahty which is connected through the 5martZone Controller (Hub). H. $~.2.50 Monies o The funds that are collected pursbant to 318.2.t(10) F.S. 3. Monies in the Municipal Org will be assigned to municipalities with police departments based on the percentage of population within each municipality. A municipality participating on the Countywide System ("Participating Municipahty") shall b~ allowed to recover Eligible Expenses pursuant to Section '~ of this resolution up to the amount assigned to the Participating lVlun[cipahty. All monies assigned to municipahties not participating on the Countywide System will be available to support Ehgible Expenses of the Municipal PubIic Safety Communications Consortium. 4. Requests for disbursements will be accepted for Eligible Expenses pursuant to the Procedures for Disbursement from Palm Beach County attached as Exhibit A. 5. The County may expend Municipal Org funds only for ElIgible Expenses. The Counb/ will disburse funds forsubscr[ber units to Participating t¥lunicipahties. The County will allow MPSCC allocated Municipal Org funds to be used for portable and mobile subscriber units only after all equipment required to connect to the Countywide System is purchased and operational and if consistent wi~h the plan for interoperable communications 6. The execution of this resolutton does not create an entitlement for the municipalities to any of the funds collected pursuant to Section 3J. 8.2.~.([0) F.S.. Paoe 2 of 6 The foregoing resolution was offered by Commissioner adoption. The motion was seconded by Commissioner the vote was as follows: COMMI[SSIONER WARREN H. NEWELL COMMISSIONER CAROL A. ROBERTS · COMMISSIONER KAREN T. MARCUS COMM[SSIONER MARY MCCARTY COMMISSIONER BURT AARONSON COMMISSIONER TONY MASILOTTI COMMISSIONER ADDIE L GREENE The Chair, thereupon, declared the resolution duly passed and adopted this 8th day of .lanuary, 2002. , who moved its , and upon being put to a vote, PALM BEACH COUNTY~ FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS Dorothy H. Wilken, Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY Ass't County Attorney By: Deputy Clerk APPROVED AS TO TERMS AND CONDITIONS Director, Facilities Der & Ops Page 3 of 6 Exhibit A Procedures for Disbursement fi'om Palm,. Beach Court. ~ Any agency requesting funding from Palm Beach County from the municipal portion of the $12.50 monies shall submit to Palm Beach County Facilities Development & Operations a Request for Funding ("Request",). The Request shaft include the following. The Request must; demonstrate that the Requesting Party is interoperable with the Countywide System. [f the Requesting Agency is the HPSCC, it must also include a funded plan for becoming interoperable with the Countywide System. The Request must identify; A) those items for which the Requesting Agency is seeking disbursement must be compliant with the requirements of FS 318.21(:[0), and B) evidence that the funding has been committed for those purchases {form to be executed will be provided). If the Agency is the IHPSCC, it must also include the funding sources for all equipment included in the plan. The R~quest must include a maintenance plan which ide'ntifies who will be responsible for the maintenance of the equipment purchased with distributed funds. The agency with responsibility for maintaining the equipment (Haintenance Agency) will be responsible for replacing the equipment, if, or when required. The Request must identify the official of the Requesting Agency that has the ability to bind the Requesting Agency to the requirements of BCC Resolution 99-2343D. The Request must include an executed Equipment Use Agreement included as Attachment 1 to this Exhibit. The Request will be reviewed by the Facilities Development &. Operations Dept which will determine compliance with the above. FD&O shall have 30 days to review the request at which time it will either be returned with a letter stating compliance .or identifying the necessary modifications to bring the Request into compliance. Co~pliant requests of Participating t, lunicipalities will be approved by Facihties Development & Operations. If FD&O and the Agency are unable to agree on compliance, the request will be for,,varded to the County Administrator for final decision. FD&O shall encumber the approved amount of the disbursement within the Participating Nunicipahties' or HPSCC portion of the $12.50 funds and provide a copy of the request and the approval Ie~er to the Finance Department of the Clerk of the Circuit Court. Page 4 or' 6 The County will disburse to the Requesting Party in a frequency not greater than semi- annually, if the Requesting Agency is a Participating PIunicipality, upon receipt of an invoice from the Requesting Agenc)) specifying the amount of the d~sburseable costs incurred by the Requesting Party. 'If the Requesting Agency is the NPSCC, disbursements may be made at a frequency identified in its funding plan, but in no case more frequently than monthly. Disbursements shall ,be made within 21 days of receipt of a request for disbursement which meets the requirements of this Resolution. The total of all disbursements may not exceed the total of the Request. The first request for disbursement shall include a copy of any contract or purchase order against which the invoice is made. The County may reasonably request evidence that the invoice costs were actually incurred by the Requesting Agency and that the labor, services or materials for which payment is being made are a part of the Countywide System. Each request for disbursement must be signed by the authorized representative of the I?,bquesting Party certifying that the equipment has been received from the vendor and that such a request is consistent with the approved Request. The request for d~sbursement may be in whatever format is acceptable to the Requesting Agency's Finance Department and is consistent with the terms of the Requesting Agency's contract or purchase order with the vendor. The Requesting Agency will be bound to the specifics (ie: type and quantity of equipment, timing, etc.) of the Request. Any modifications to the Request will require re-submittal to FD&O for written approval. Page 5 of 6 A'I-TACHMENT ! TO EXH[B[TA '.EQUIPMENT USE AGREEMENT This Agreement apphes to any a~.d all equipment purchased with monies collected pursuant to 318.21(10) F.S.S. and placed in the $12.50 Intergovernmental Communications Fund ("$12.50 Fund"). 'l'he term Agency refers to an entity which receives funds from the $112.50 Fund. A. The Agency will provide FD&O, at least 30 days prior to the installation of the asset, a list of ail equipment purchased with $12.50 Fund monies. The list shall identify the asset by name, the purchase price of the asset, the work unit to which the asset is assigned. The Counb/will provide the Agency with an asset number for each piece of equipment. The Agency wift be responsible for tagging the equipment accordingly. The Agency may chose to have the County tag the equipment and utilize the County's bar coding system if it chooses. By .luly 31'~ of each year, the Agency will provide the County with an inventory of the assets certified by the Agency Inventory Ofhcer. The Agency Inventory Officer shall, at all times, comply with ail requirements of any Statute governing local government fixed assets.The Agency Inventory Ofticer shaII be (type name and position of Agency Inventory Officer). The term of this Agreement is a 30 year period or the I~fe span of the equipment whichever is shorter. During the term of this Agreement, the Agency shall be responsible for maintenance of the equipment. In the event that the Agency determines that it is appropriate to surplus a piece of equipment prior to the thirty year period, the Agency will provide the County with the equipment that is to surplused. Upon receipt of the equipment, the asset will be removed from the agencies inventory. The County' shall dispose of the equipment. The Agency will use the equipment/purchases solely for uses allowed pursuant to the 318.21(10) F.S.S, and consistent with the approved Request for Funds. In the event that the Agency does not adhere to the term~ of this Agreement, the County will provide ~obce and the Agency will have 30 days to cure the default. In the event that the default is not cured, the Agency shall be required to repay the monies d~sbursed from the $12.50 Fund within 30 days of tl~e default.' By signing below, the Agency agrees to abide by the terms of this Agreement. W~tness Da te Date of County Acknowledgment S~9nature of AuU~orized Agency Representative Print Name and Title of Au.~horized Agency Representative Signature of FD&O D~rector Page 6 oF 6 0000000000000000000000000000000000000 0 0 ~