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96-21970 RESO Resolution No. 96-21970 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO IMPLEMENT THE EMPLOYEE COMPUTER PURCHASE PLAN, PROVIDING FOR INTEREST FREE LOANS UP TO $3,000 TO EMPLOYEES FOR THE PURPOSE OF PURCHASING PERSONAL COMPUTERS WHEREAS, in today's work environment, many of the City's functions are becoming more computerized, requiring employees to develop these necessary skills; and WHEREAS, the attached Employee Computer Purchase Plan (Plan) is designed to assist employees with the purchase and financing of a personal computer so that they can learn and gain experience; and WHEREAS, by owning a personal computer, employees will be able to a) acquire and improve computer literacy skills by means of "hands on" training; b) be exposed to a full range of software capabilities; c) become familiar and at ease with computers and current computer technology; and d) support City productivity improvement efforts through increased use of computers in daily departmental activities; and WHEREAS, details of the Plan, including Participation and Loan Agreement and Security Agreement, are provided in Attachment "A" hereto; and WHEREAS, funding for the Plan would be a $50,000 loan from Fund Balance to a Revolving Account. NOW, THEREFORE BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the City Manager is hereby authorized to implement the Employee Computer Purchase Plan, as attached in Attachment" A". PASSED and ADOPTED, this 1st day of May 1996. Mayor ATTEST: 8-0 ~~ ~~~ City Clerk PFL: me t. ,-' Pi~ f'. r nc" ',.-., . UI\. \:'1..', r \..' ,. lEG r l DL~r~-.' - .' r\ '! L ~ ' ~ . By # 1/fe4(~... Date ~~/~'_. . CITY OF MIAMI BEACH EMPLOYEECOMWUTERPURCHASEPLAN OBJECTIVE The Employee Computer Purchase Plan is designed to assist employees with the purchase and financing of a personal computer so that they can learn and gain experience by working with a personal computer away from the office, outside of normal working hours. By owning a personal computer, employees will be able to: a) acquire and improve computer literacy skills by means of "hands on" training; b) be exposed to a full range of software capabilities (i.e., spreadsheets, database managers, word processing and graphics; c) become familiar and at ease with computers and current computer technology; and d) support City productivity improvement efforts through increased use of computers in daily departmental activities. ELIGIBILITY All full time permanent employees of the City of Miami Beach, hereinafter referred to as "Employees", who have completed at least one year of continuous service and whose most recent Performance Evaluation was "Satisfactory" or better, are eligible to participate in this Plan. Permanent employees are defined as those persons holding a position of permanent status. Employees on probation due to promotion or transfer are considered permanent employees for purposes of this Plan. Participants must agree to comply with the requirements and provisions of the Plan as set forth herein. PERSONAL COMPUTERS INCLUDED IN THE PLAN Any bona fide computer system may be purchased under the plan if it meets the requirements listed below. The City Manager may modify these minimum standards from time to time based on changes in technology. 1) Minimum 8 Mb of main memory 2) Minimum of 1 floppy drive and 1 hard drive 3) Minimum of 1 "business" software package (i.e., spreadsheet, word processor, etc.). Neither games nor entertainment software are covered by this plan. 4) Surge Protector DESCRIPTION OF THE PLAN The City will finance the employee's purchase of equipment and software up to $3,000. Loans to participants will be for a term not to exceed 36 months and no interest will be charged. Payments on the loans will be made through payroll deduction. OMB7.1 Page-I- Loans to participants will be made only for equipment and software purchased in connection this Plan. All orders for equipment and software must be approved in advance by the City. Upon selection by participant of a "package", including approved options, the order must be approved by the City and placed with the vendor by the participant. A check for the loan proceeds will be made jointly payable to the participant and the vendor. ADDITIONAL HARDWARE AND SOFTWARE Additional qualifying hardware and software for a computer system currently being financed through the Plan can be added to the loan during the second or third year of the loan provided the maximum loan amount ($3,000) is not exceeded. The total hardware and/or software costs will be divided by the number of payments remaining from the time of the employee's original loan request date to the end of the 36 month finance period. The resulting bi-weekly payment will be added to the existing bi-weekly payment being deducted each payroll period. All hardware and software must be paid in full within 36 months after the original loan was initiated. A minimum loan amount of $1 ,000.00 will be required to be qualified for a loan. RISKS Personal computers are changing very rapidly in today's highly technical environment. New hardware and software products are being announced and made available constantly. Changes include not only smaller and more powerful personal computers, but also advanced software programs. Prices of computers may decline in the future as new, more innovative computers become available. Participants should also be aware that units currently available may be considered obsolete or out of date in a relatively short period of time if compared to what may be available in the future. However, even though a unit may be labeled "obsolete", it will remain a powerful machine with the same capabilities as were identified at the acquisition date. Protection against household hazards (i.e., excessive dust, liquids spilling on equipment, etc.) is recommended. Participants should ensure that their home insurance policy provides adequate protection of their equipment from theft, fhe and lightening. PARTICIPATION A written agreement between the City and the participant is required. The City Manager is authorized to use and to modify any promissory note or security agreement from time to time as he deems necessary to protect the interest of the City. The agreement will outline the responsibilities of the participant, terms of the agreement, payroll deduction arrangements, and other conditions of the Plan. The form of the agreement and any promissory note and security agreement will be determined by the City Manager in compliance with the terms and conditions of this program and shall be approved by the City Attorney. OMB7.\ Page - 2 - RESTRICTIONS ON TRANSFER OR ASSIGNMENT OF EQUIPMENT Each participant in the Plan agrees that usage of the equipment and software being made available and financed under this plan will be restricted to the participants own use and that of hislher immediate family. Any re-assignment or transfer of the equipment will violate the Agreement and cancel the right to participate in the Plan. POTENTIAL INCOME TAX CONSEQUENCES If tax laws change at a later date to make this loan taxable income, the employee shall be liable for the added taxes. ADMINISTRA nON The Plan will be administered and coordinated by the Director of Computers and Communications. It will be hislher responsibility to see that each system meets the minimum criteria described herein. The City intends to offer this Plan to its employees once a year. The Plan's continued availability will be dependent upon its effectiveness and benefits derived. Limitations may need to be placed on the program due to availability of funds. OMB7.1 Page-3- CITY OF MIAMI BEACH EMPLOYEE PERSONAL COMPUTER PURCHASE PLAN Participation and Loan Agreement Name: Address: Department: The above named employee ("Participant") of the City of Miami Beach ("City") has been provided a copy of the City of Miami Beach Employee Personal Computer Purchase Plan ("Plan") and hereby elects to purchase a personal computer and certain related equipment and software ("Equipment") and participate in the fmancing arrangement offered under the Plan, and further, agrees to and accepts the following terms and conditions: 1. The price of the Equipment to be purchase is $ Sheet. and is identified on the attached Specification 2. The City agrees to make an interest-free loan to the Participant to purchase the desired equipment in the amount of $ for a period not to exceed the specified time of: _ 36 months (Initial Purchase) _ 24 months (Upgrade) _ 12 months (Upgrade) 3. Participant authorizes the City to deduct $ from each paycheck of the Participant beginning until the amount identified in Paragraph 2 above has been paid. Participant may elect to pay the remaining unpaid balance at any time prior to the last payroll deduction. 4. Participant agrees not to sell, trade or otherwise dispose of the Equipment until the loan has been paid in full. Participant also agrees the usage of the Equipment will be limited to the Participant's own use and that of hislher immediate family and any reassignment or transfer of the Equipment or this Agreement will result in cancellation of this Agreement. Violation of these provisions will require Participant to immediately pay to the City the remaining amount due on the loan. 5. Upon termination (which includes retirement of Participant from the employment of the City for any reason, the remaining amount to be paid to the City, shall immediately become due and payable in full. Participant agrees that, unless prior arrangements are made and approved by the city, any unpaid balance remaining upon termination of participant form the employment of the City will be deducted from final earnings and/or pensions. 6. All warranties and service or maintenance contracts shall be between the vendor and the Participant. Participant shall deal directly with the vendor and in no event shall Participant look to the City for any claims relating to warranty, service or maintenance. 7. This agreement may be changed only by a written document signed by the City and the Participant and supersedes any and all written or oral agreements, proposals and communications concerning the Plan. ACCEPTED BY: DATE: Participant City of Miami Beach SECURITY AGREEMENT Employee Penonal Computer Purchase Plan TIllS AGREEMENT, made this day of , 19 -' under the laws of the State of Florida between herein called the Debtor whose residence is I and The City of Miami Beach, Florida, a Florida municipal corporation, herein called the Secured Party whose address is 1700 Convention Center Drive, Miami Beach, FL 33139. WITNESSETH: To secure the payment of an indebtedness in the lI11lOlU1t ofS as follows: with interest as provided below, payable $ each bi-weekly payday conunencing by pa)TOn deduction until paid in fun as long as Debtor is aqlIoyed by Secured party. the unpaid ba1ance to be immediately paid in fun upon Debtor's termination (voluntary or involuntary) of employment for any reason (including retirement). Should Debtor fail or refuse to pay the remaining principal balance when due, then, from and after the due date, the principal sum shan accrue interest at the highest lawful rate until paid in fun. To the exfat funds are available, Debtor hereby authorizes Secured Party to deduct the unpaid balance remaining at time oftennination from any final eamingll and/or retirement/pension payments due Debtor. as evidenced by a note of even date herewith (hereinafter called the "Obligation"), Debtor hereby grants and conveys to the Secured Party, a security interest in, and mortgages to the Secured Party, (a) the property described in the schedule herein (hereinafter called the collateral), which collateral the Debtor represents will be used primarily for personal, family or household purposes; (b) all proceeds there, if any, (c) all increases, substitutions, replacements, additions and accessions thereto. DEBTOR WARRANTS, COVENANTS AND AGREES AS FOLLOWS: To pay and perform all of the obligations secured by this agreement according to their tenns. To defend the title to the collateral against all persons and against all claims and demands, whatsoever, which collateral, except for the security interest granted hereby, is lawfully owned by the Debtor and is now free and clear of any and all liens, security interests, claims, charges, encumbrances, taxes and assessments except as may be set forth in the schedule. On demand of the secured party to do the following: furnish further assurances of title, execute any written agreement or do any other acts necessary to effectuate the purposes and provisions of this agreement, execute any instrument or statement required by law or otherwise in order to meet, continue or terminate the security interest of the Secured Party in the collateral and pay all costs of filing in coffilection therewith. To retain possession of the collateral during the existence of this agreement and not to sell, exchange, assign, loan, deliver, lease, mortgage or otherwise dispose of same without the written consent of the Secured Party. To keep the collateral free and clear of all liens, charges, encumbrances, taxes and assessments. To pay, when due, all taxes, assessments and license fees relating to the collateral. To keep the collateral, at Debtor's own cost and expense, in good repair and condition and available for inspection by the Seeured Party at all reasonable times; To keep the collateral fully insured against lost by fire, theft and other casualties, Debtor shall give inunediate written notice to the Secured Party and to insurers oflost or damage to the collateral and shall promptly me proofs of loss with insurers. THE PARTIES FURTHER AGREE Waiver of or acquiescence in any default by the Debtor, or failure of the Secured Party to insist upon strict perfonnance by the Debtor of any warranties or agreements in this security agreement, shall not constitute a waiver of any subsequent or other default or failure. City of Miami Beach Employee Personal Computer Specification Sheet Department: Zip Code: Home Phone: Name: Address: Work Phone: Transaction Type: [ ] [ ] New System Hardware [ ] [ ] Add to Existing System (see Note) Software NOTE: If this application is for additions to an existing system, please write a detailed configuration on the reverse side of this application whether purchased under this plan or not. If the system for which additions are being sought was acquired under the City of Miami Beach PC Plan, indicate the date of the initial acquisition: OR [ ] Existing system was not acquired under the City of Miami Beach Employee PC Plan. LIST OF ITEMS TO BE ACQUIRED (please list specifications) PRICE CPU Monitor Printer Software Other Sub-Total #1 $ Discount $ Sub-Total #2 $ Sales Tax $ TOTAL $ Employee Signature Date . Department Approval Date Vendor's Name: Vendor's Address: Computers and Communications Approval Please attach a copy of Vendor Quote and send entire package to: Director of Computers and Communications. CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 COMMISSION MEMORANDUM NO. ~ J..j "']- qi., TO: Mayor Seymour Gelber and Members of the City Commission DATE: May 1, 1996 FROM: Jose Garcia-Pedrosa ~II City Manager I" A RESOLUTION AUTHORIZING THE CITY MANAGER TO IMPLEMENT THE EMPLOYEE COMPUTER PURCHASE PLAN, PROVIDING FOR INTEREST FREE LOANS UP TO $3,000 TO EMPLOYEES FOR THE PURPOSE OF PURCHASING PERSONAL COMPUTERS SUBJECT: ADMINISTRATION RECOMMENDATION Adopt the Resolution. BACKGROUND In today's work environment, many of the City's functions are becoming more computerized requiring employees to develop these necessary skills. The Employee Computer Purchase Plan is designed to assist employees with the purchase and financing of a personal computer so that they can learn and gain experience by working with a personal computer away from the office, outside of normal working hours. By owning a personal computer, employees will be able to: a) acquire and improve computer literacy skills by means of "hands on" training; b) be exposed to a full range of software capabilities; and c) become familiar and at ease with computers and current computer technology; and d) support City productivity improvement efforts through increased use of computers in daily departmental activities. PLAN In brief, the Plan provides an interest free loan up to $3,000 for the purchase of a personal computer or peripherals. This loan would be payable through payroll deductions. Details of the Plan (including Participation and Loan Agreement and Security Agreement) are provided in Attachment "A". FUNDING Funding would be a $50,000 loan from Fund Balance to a Revolving Account. ~ReVOIVing Account would be evaluated each year. PFL:me AGENDA ITEM The amount of the Q..~F .5-I-ql:, DATE