agenda - Wilton Manors

Transcription

AGENDA
WELCOME TO YOUR CITY COMMISSION MEETING
YOUR INPUT IS ENCOURAGED DURING “COMMENTS FROM THE PUBLIC” AND DURING
ANY SCHEDULED PUBLIC HEARING
REGULAR CITY COMMISSION MEETING
TUESDAY, February 25, 2014
7:00 P.M. - COMMISSION CHAMBERS
1. CALL TO ORDER
Pledge of Allegiance
2. ROLL CALL
3. “GOOD NEWS” OF THE CITY – Vice Mayor Carson
4. ADDITIONS/CHANGES/DELETIONS
At this time, any member of the City Commission or the City Manager may request to add,
change, or delete items from the agenda.
5. PROCLAMATION
6. PRESENTATIONS
a. Introduction of HR Manager Michael Shaffer by Human Resources Director Dio Sanchez
b. Introduction of Police Officer Nikki Cox by Chief Paul O’Connell
7. COMMENTS FROM THE PUBLIC
Any member of the Public may speak on any issue for three (3) minutes.
8. CONSENT AGENDA
Items listed under Consent Agenda are viewed to be routine, and the recommendation will be
enacted by ONE MOTION in the form listed below. If discussion is desired, then the item(s)
will be removed from the Consent Agenda and will be considered separately.
a. Minutes
1. Minutes from the Regular City Commission Meeting of November 12, 2013.
b. Resolutions (Consent)
1. Resolution No. 2014-0012: (Community Development Services)
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WILTON MANORS, FLORIDA,
APPROVING AND AUTHORIZING THE PROPER CITY OFFICIALS OF THE CITY OF WILTON
MANORS TO EXECUTE AN INTERLOCAL AGREEMENT WITH BROWARD COUNTY FOR GO
SOLAR BUILDING PERMIT-RELATED SERVICES TO BE PERFORMED BY THE BROWARD
COUNTY PERMITTING, LICENSING AND CONSUMER PROTECTION DIVISION OF THE
ENVIRONMENTAL PROTECTION AND GROWTH MANAGEMENT DEPARTMENT; PROVIDING
FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
2. Resolution No. 2014-0013: (Leisure Services)
MANORS TO EXECUTE AN AGREEMENT WITH MBR CONSTRUCTION FOR THE RICHARDSON
HISTORIC PARK AND NATURE PRESERVE NATURE TRAIL; PROVIDING FOR SEVERABILITY;
AND PROVIDING AN EFFECTIVE DATE.
3. Resolution No. 2014-0014: (Finance)
MANORS TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF WILTON MANORS AND AT&T
ILEC; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN
EFFECTIVE DATE.
MANORS TO EXECUTE AN AGREEMENT WITH CAREERSOURCE BROWARD F/K/A WORKFORCE
ONE FOR YOUTH ON-THE-JOB TRAINING PROVIDING SUMMER EMPLOYMENT WORK
EXPERIENCE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING
AN EFFECTIVE DATE.
5. Resolution No. 2014-0016: (Community Development Services)
MANORS TO EXECUTE AN INTERLOCAL AGREEMENT WITH BROWARD COUNTY FOR
MONITORING OF DEVELOPMENT ACTIVITY AND ENFORCEMENT OF PERMITTED LAND USES
IN TRANSIT ORIENTED CORRIDOR; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE
6. Resolution No. 2014-0017: (Finance)
MANORS TO PIGGY BACK ON AN AGREEMENT BETWEEN BROWARD COUNTY AND POSTAL
CENTER INTERNATIONAL, INC. FOR MAIL FULFILLMENT SERVICES; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
MANORS TO EXECUTE AN AGREEMENT WITH FAMILY CENTRAL, INC. FOR AFTER SCHOOL
AND SUMMER CAMP PROGRAMS; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE
c. Travel Authorizations
1. Travel Authorization for Commissioner Tom Green to attend the National League of
Cities Congressional City Conference from March 7 to March 11, 2014
(End of Consent Agenda)
9. PUBLIC HEARING
a. Ordinance No. 2014-0001: (First Reading) (Community Development Services)
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WILTON MANORS, FLORIDA
AMENDING ARTICLE 20, SECTION 020-090 OF THE UNIFIED LAND DEVELOPMENT REGULATIONS
ENTITLED “BUSINESS AND INDUSTRIAL DISTRICT SCHEDULE OF PERMITTED, CONDITIONAL
AND PROHIBITED USES”, TO IDENTIFY APPROPRIATE ZONING DISTRICTS FOR PAWNSHOPS AND
CHECK CASHING STORES; CREATING ARTICLE 50, SECTION 050-100 OF THE UNIFIED LAND
DEVELOPMENT REGULATIONS TO BE ENTITLED “PAWNSHOPS”; CREATING ARTICLE 50,
SECTION 050-110 OF THE UNIFIED LAND DEVELOPMENT REGULATIONS TO BE ENTITLED
“CHECK CASHING STORES”; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
10.
ORDINANCES
a. Ordinance No. 2014-0002: (First Reading) (City Manager)
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WILTON MANORS, FLORIDA
AMENDING PART II, CHAPTER 4 OF THE CITY’S CODE OF ORDINANCES ENTITLED “ANIMALS”,
BY CREATING A NEW SECTION 4-6 ENTITLED “RETAIL SALE OF DOGS AND CATS”; PROVIDING
FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
11.
UNFINISHED BUSINESS
a. Memorandum from City Attorney re: Special Business Neighborhood Improvement District
12.
REPORTS FROM BOARDS AND ADMINISTRATIVE OFFICIALS
a. City Manager’s Report
b. City Attorney’s Report
13.
NEW BUSINESS
14.
REQUEST FOR PLACEMENT OF ITEMS ON NEXT MEETING AGENDA
15.
REPORTS FROM ELECTED OFFICIALS
16.
ADJOURNMENT
Pursuant to FS. 286.0105, if a person decides to appeal any decision made by the Board, Agency or
Commission with respect to any matter considered at such meeting, or hearing, he will need a record of the
proceedings and that for such purposes he may need to ensure that a verbatim record of the proceedings is
made, which record includes the testimony and evidence upon which the appeal is based.
Any person requiring Auxiliary Aids and Services for the Meeting may call the ADA Coordinator at 3902122 at least two working days prior to the meeting. If you are Hearing or Speech impaired, please contact
the Florida Relay Services by using the following phone numbers: 1-800-955-8770 (Voice) 1-800-955-8771
(tdd)
MINUTES
REGULAR CITY COMMISSION MEETING
TUESDAY, November 12, 2013
7:00 P.M. - COMMISSION CHAMBERS
CALL TO ORDER
Mayor Resnick led the Pledge of Allegiance.
ROLL CALL
Deputy City Clerk Patricia Staples called the roll. Present were Commissioner Tom Green,
Commissioner Scott Newton, Commissioner Ted Galatis, Vice Mayor Julie Carson, and Mayor
Gary Resnick. Also in attendance were City Manager Joseph Gallegos, City Clerk Kathryn Sims
and City Attorney Kerry Ezrol.
“GOOD NEWS” OF THE CITY
Vice Mayor Carson announced SmartRide bike-a-thon which begins on Thursday and the route
goes to Key West.
She spoke on adoptions, stating that 4,800 adoptions take place every day.
She spoke on her excitement that neighborhoods are being revitalized; mentioning an old home on
NE 24th Street that was bulldozed and a new home will be built in its place.
ADDITIONS/CHANGES/DELETIONS
At this time, any member of the City Commission or the City Manager may request to add, change,
or delete items from the agenda.
Vice Mayor Carson requested a discussion related to Wicked Manors be placed under New
Business.
PROCLAMATIONS
National Adoption Month
Mayor Resnick read the proclamation for Nation Adoption Month.
Dr. Elizabeth Wynter, Director of Community Relations for ChildNet, spoke on the need for more
families willing to adopt or foster children. She defined families as being of all demographics.
Natalie Gomes, Director of Adoptions for ChildNet, also spoke
PRESENTATIONS
“Shop Local” presentation by Community Development Services Director Heidi Shafran and
Economic Development Coordinator Randy Welker
Community Development Director Shafran presented the “Shop Local” program. She stated that
Victor Torres and Greg Hardy donated the logo. Saturday, November 30th is “Shop Small Day” and
Director Shafran asked that parking fees be waived for the day.
Commissioner Green moved to waive parking fees on Saturday, November 30th until 6 p.m.
Commissioner Newton seconded the motion which prevailed by a unanimous roll call vote.
Police Department’s Employee of the Quarter Award, presented to Sergeant Chadwick by
Police Chief O’Connell
Chief O’Connell spoke on the achievements of Sergeant Chadwick, specifically his role in an
accident on I-595 and also being selected by the U.S. Attorney’s office to be awarded for the
apprehension of bank robbers at Iberia Bank in 2012. Chief O’Connell also praised him for his
assistance during the department’s staffing shortage and his facilitation of the hiring of five newly
hired police officers.
COMMENTS FROM THE PUBLIC
Paul Rolli, 2016 NE 6th Terrace – asked that the city’s strategic plan be reviewed and gave input on
the Community Development Block Grant planning
Lori Goldsmith, Magnet Program Coordinator, Wilton Manors Elementary School – stated that she
is writing for an award to become a magnet school of excellence. Thanked the city for its support
Ron O’Dorskey, Poverello Center – thanked the Commission for placing five donation boxes for
Poverello Food Bank in city facilities. The goal of the drive is to be able to provide 2,000 meals.
Commissioner Green asked if Poverello Center is feeling the effect of a very limited bus service
along Dixie Highway, to which Mr. O’Dorskey replied in the affirmative.
Paul Kuta, 500 NE 28th Street – expressed his strong support for commission approval of Resolution
2013-0104. Verbatim notes are also attached. He also noted that resident Ulla B Holland passed
away.
CONSENT AGENDA
Commissioner Newton moved to approve the Consent Agenda as it appears below. Commissioner
Galatis seconded the motion which prevailed by a unanimous roll call vote.
Invoices
Goren, Cherof, Doody & Ezrol, P.A.
Acct. No.0200190R/Stmt No. 368
Acct No. 1100980R/Stmt No. 10
11/04/13
11/04/13
11/04/13
11/04/13
11/04/13
11/04/13
11/04/13
11/04/13
11/04/13
11/04/13
11/04/13
11/04/13
11/04/13
11/04/13
$ 466.16
$ 57.30
$ 206.80
$ 97.50
$9740.61
$ 234.00
$4263.41
$1436.94
$ 160.84
$ 429.00
$ 78.00
$ 604.50
$ 567.00
$ 604.15
Biehn & Associates
Addendum #11/Billing Summary#1
10/31/13
$3880.00
Resolutions (Consent)
Resolution No. 2013-0099: (Leisure Services)
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WILTON MANORS, FLORIDA, APPROVING
AND AUTHORIZING THE PROPER CITY OFFICIALS OF THE CITY OF WILTON MANORS TO EXECUTE A
FOURTEENTH AMENDMENT TO THE AGREEMENT WITH CHEN AND ASSOCIATES CONSULTING
ENGINEERS, INC. FOR PROFESSIONAL ENGINEERING & CONSULTANT SERVICES; PROVIDING FOR
Resolution No. 2013-0100: (City Manager’s Office)
FIFTEENTH AMENDMENT TO THE AGREEMENT WITH CHEN AND ASSOCIATES CONSULTING
ENGINEERS, INC. FOR PROFESSIONAL ENGINEERING & CONSULTANT SERVICES; PROVIDING FOR
Resolution No. 2013-0101: (Finance)
FIRST AMENDMENT TO THE AGREEMENT WITH GLSC & COMPANY, PLLC, FOR AUDITING SERVICES
FOR THE CITY OF WILTON MANORS, FLORIDA; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
Resolution No. 2013-0102: (Public Services)
JOINT PARTICIPATION AGREEMENT WITH BROWARD COUNTY FOR HOUSEHOLD HAZARDOUS
WASTE (“HHW”) COLLECTION EVENTS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY;
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WILTON MANORS, FLORIDA, AMENDING
RESOLUTION NO. 2013-0089 TO AMEND AND APPROPRIATE ADDITIONAL FUNDING FOR THE FISCAL
YEAR 2013-14 BUDGET; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING
AN EFFECTIVE DATE
AUTHORIZING THE EXPENDITURE OF $24,742.30 FROM THE LAW ENFORCEMENT FORFEITURE TRUST
FUND #165 TO REIMBURSE THE GENERAL FUND #001, PURSUANT TO SECTIONS 932.701 ET. SEQ.,
FLORIDA STATUTES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING
AN EFFECTIVE DATE.
AND AUTHORIZING THE PROPER CITY OFFICIALS OF THE CITY OF WILTON MANORS TO EXECUTE AN
AGREEMENT WITH TIM SNEDEKER TO PROVIDE MARTIAL ARTS SERVICES AT HAGEN PARK;
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
RESOLUTION NO. 2013-0089 TO AMEND AND APPROPRIATE ADDITIONAL FUNDING FOR THE FISCAL
YEAR 2013-14 BUDGET; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING
AN EFFECTIVE DATE.
FIRST AMENDMENT TO EXTEND THE TERM OF THE AGREEMENT WITH PETER MULTACH TO PROVIDE
YOGA SERVICES AT HAGEN PARK; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY;
RESOLUTION NO. 3838 TO AMEND AND APPROPRIATE ADDITIONAL FUNDING FOR THE FISCAL YEAR
2012-13 BUDGET; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN
EFFECTIVE DATE.
Travel Authorization
Approval of travel for Commissioner Tom Green to attend the National League of Cities’ Congress
of Cities Exposition from November 13 to November 16, 2013 in Seattle, Washington
(End of Consent Agenda)
PUBLIC HEARING
(2nd Hearing) Public Hearing soliciting input for use of 40th Year Community Development
Block Grant (CDBG) Funds (Leisure Services)
City Manager Gallegos explained the public hearing for input from the public on the use of 40th
Year Community Development Block Grant funds.
Mayor Resnick opened the public hearing.
Sal Torre, 309 NW 20th Street – stated that other amenities besides basketball amenities are higher
rated in the parks master plan.
Mayor Resnick closed the public hearing.
RESOLUTIONS
Resolution No. 2013-0104: (Public Services)
AND AUTHORIZING THE PROPER CITY OFFICIALS OF THE CITY OF WILTON MANORS TO EXECUTE AN
AGREEMENT WITH HARDRIVES OF DELRAY, INC. d/b/a HARDRIVES, INC., FOR CONSTRUCTION OF NE
8TH TERRACE PARKING LOT PROJECT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY;
Commissioner Galatis moved to approve Resolution No. 2013-0104. Commissioner Newton
seconded the motion.
City Manager Gallegos gave an overview of the bid process, stating that the four proposals received
were all very close in cost estimates.
Engineer Jason McClair made a presentation on the proposed parking lot on NE 8th Terrace.
Discussion ensued amongst the commission on lighting, landscaping, security features, and traffic
routing. Utilities Director Archacki added that all ADA spaces and meters will be well lit for
security purposes.
Commissioner Galatis asked if motorcycle parking would be available in the lot to which Mr.
McClair responded in the negative.
Commissioner Green expressed his dismay for the removal of two trees for additional parking
spaces.
Vice Mayor Carson asked what features were compromised in order to reduce the cost of
construction, to which Director Archacki listed irrigation changes, debris dumping by the city
instead of a contractor, painted lines as opposed to thermoplastic.
Commissioner Galatis amended his motion to include a motorcycle parking space. Commissioner
Newton accepted the amendment.
Director Archacki suggested adding motorcycle parking to the additional two spots by Acapulco
Lindo. Discussion ensued.
The motion, including the amendment, prevailed with the following vote:
YES: Commissioner Galatis, Commissioner Newton, Vice Mayor Carson, Mayor Resnick
NO: Commissioner Green
AUTHORIZING THE PROPER CITY OFFICIALS OF THE CITY OF WILTON MANORS, FLORIDA, TO
SUBMIT A GRANT APPLICATION TO THE BROWARD COUNTY HOUSING FINANCE AND COMMUNITY
DEVELOPMENT DIVISION FOR $67,221.00 (40TH YEAR ALLOCATION) IN COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDS FOR EXPANSION AND RECONSTRUCTION OF THE BASKETBALL COURT AND
EXPANSION OF THE ADJACENT PICNIC PAVILION AT THE ISLAND CITY PARK PRESERVE; PROVIDING
FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
Commissioner Green moved to approve Resolution No. 2013-0015. Vice Mayor Carson seconded
the motion.
City Manager Gallegos explained staff recommendations, stating that a basketball court extension
will improve safety and also make the court regulation size.
Commissioner Newton asked if the basketball court could also be used for additional parking, to
which staff replied in the negative.
Vice Mayor Carson asked if other ideas had been considered by staff, to which City Manager
Gallegos stated that there were no other capital projects in the Highland Estates area.
Mayor Resnick asked if funds could be used for improved signage, to which Leisure Services
Director responded that it will be researched.
An amendment was made to reserve a portion of funds for signage.
The motion, with amendment, prevailed by a unanimous roll call vote.
UNFINISHED BUSINESS
Commissioner Green asked staff for an update on his desire to plant trees on Wilton Drive in front
of the Naked Grape. Leisure Services Director Cann stated that staff has been in contact with the
business owner who expressed that they did not want any trees planted. Commissioner Green
mentioned that the reason may be because trees may obscure their business sign. He then expressed
that the city should not have to ask for permission to plan in public right of way.
Commissioner Green made a motion to direct city staff to plant two appropriate trees on the city
right of way across from the Gables (in front of Naked Grape). Vice Mayor Carson seconded the
motion.
Discussion ensued. The motion was withdrawn. The issue will be placed on a future agenda.
Vice Mayor Carson asked city staff to confirm that Law Enforcement Forfeiture Trust dollars that
were given to IGLTA for elderly travel safety brochures was actually used for that purpose.
REPORTS FROM BOARDS AND ADMINISTRATIVE OFFICIALS
City Manager’s Report
Nothing was reported.
City Attorney’s Report
City Attorney Ezrol explained the process of the Office of Inspector General and its oversight
committee. He stated that the OIG’s annual report is online and identifies deficiencies, concerns
about conflicting opinions from city attorneys and raised issues on the necessity for a central
repository, much like an ethics “czar” and acknowledged that training should be done at a
centralized location.
City Attorney Ezrol also mentioned the statutory complaint that was made on jurisdiction of CRAs.
NEW BUSINESS
Discussion on license tag reading equipment (Police)
City Manager Gallegos gave an overview of license tag reading equipment.
Police Administrative Manager Kirchoff explained that the City of Lighthouse Point uses the
equipment as an investigative tool and has solved dozens of crimes. He stated that bigger cities
place such equipment in garages and parking lots to find dumped stolen cars. He mentioned that the
department thought that using the equipment at Colohatchee Park may help apprehend sexual
predators. The cost for a portable unit is $12,000 and could be purchased with Law Enforcement
Forfeiture trust funds.
Chief O’Connell added that a reader could be attached to a speed regulator but that the offender
would be out of the city before they could be apprehended.
The Commission came to the consensus that staff should research and explore the options of
purchasing such equipment.
Request for Reduction of Code Lien Fine imposed on Property Listed at 1149 NW 30 Street,
Wilton Manors, Florida 33311; Case # 07-147 (Code Compliance)
Keith Fleischer of Remax and listing agent for property located at 1149 NW 30 Street gave a brief
history of the property. Angelo DeLazaro of Reef Properties and purchaser of the property also
spoke on the property.
Mayor Resnick recused himself from voting on this item. A conflict of interest form was completed
and is attached to the official minutes.
Vice Mayor Carson disclosed that Mr. Fleischer was a registered lobbyist with the city and has
requested meetings with the Commission. He has also registered the property as vacant and abides
by all other city codes.
Discussion ensued amongst the Commission and applicants.
Vice Mayor Carson moved to reduce the code lien fine to $20,000, inclusive of the administrative
fees of $1,671.96. The motion fails due to a lack of a second.
Commissioner Green moved to reduce the code lien fine to $30,000, inclusive of administrative fees
and contingent upon payment within 60 days. Commissioner Newton seconded the motion.
Discussion ensued.
The motion prevailed by the following vote:
YES: Commissioner Green, Commissioner Newton, Commissioner Galatis, Vice Mayor Carson
ABSTAINED: Mayor Resnick
Request for donation to Wilton Manors Elementary School to cover expenses for Service
Learning Project (as requested by Mayor Resnick)
The Commission came to a consensus to not commit any more funds to the school at this time.
Discussion of electric charging station in Mills Pond Park (as requested by Mayor Resnick)
City Manager Gallegos provided an overview of the four vertical turbines that are being installed at
the south end of Mills Pond Park. Mayor Resnick stated that the area has been designated as a
natural bird sanctuary and asked for the City Manager to research.
Vice Mayor Carson mentioned that Robert Boo of the Pride Center stated that the Pride Center lost
about $5,000 on Wicked Manors and have asked that the city aid in their loss. Mayor Resnick
asked for a full debriefing at the next meeting.
REQUEST FOR PLACEMENT OF ITEMS ON NEXT MEETING AGENDA
Commissioner Green requested an update on the need for trees on Wilton Drive, in front of Naked
Grape.
Mayor Resnick asked for a debriefing of the Wicked Manors event.
REPORTS FROM ELECTED OFFICIALS
Commissioner Galatis
Attended Taste of the Island
Read for Insight for the Blind
Asked that the Commission use restraint when adding items to the agenda without support from the
remainder of the Commission
Vice Mayor Carson
Judged at the Spooktacular event
Attended Taste of the Island
Attended the Town Hall meeting of which Senator Maria Sachs and Representative Perry Thurston
were in attendance
Attended ethics training on Friday, adding that the OIG is making sure that they address attorney
opinions
Attended the Veterans Day event at Hagen Park
Will be attending the Dolphin Democrats meeting
Commissioner Green
Attended the Town Hall meeting which he felt was outstanding
Attended a mixer at 13-even, a restaurant on Wilton Drive
Attended a Broward League of Cities Board meeting on November 7th during which the IOG
addressed a statement by BLC President Susan Starkey. Mayor Resnick commended that one of the
suggestions Ms. Starkey made to the IOG was to develop an ethics commission.
Attended an unofficial opening of World AIDS museum of which Magic Johnson was in attendance
Attended the Veteran’s Day event and commented that fewer people were in attendance
Also mentioned the upcoming Dolphin Democrats, stating that Nan Rich should be in attendance
Commissioner Newton
Attended the Veteran’s Day event and suggest that staff reach out to the younger generations so that
they can understand what it means to be a veteran
Attended a WMBA meeting on November 11th and mentioned that the organization is getting
stronger
Attended Taste of the Island and asked that staff research widening the sidewalks
Mayor Resnick
Mentioned that the city needs to tweak some events to make them better and stated that
Spooktacular was great. He stated that Wicked Manors had some issues and that the city may need
to take more control.
Commended city staff on the Veteran’s Day stating that the event is not open to the public because
of the limited space. He spoke with City Manager Gallegos and may hold part of the event outside
and some inside and will try to promote the event to the younger generations.
Attended the Broward League of Cities Board of Directors meeting and mentioned that the general
holiday party meeting will be held at Young at Art Museum in Davie.
Attending a Florida League of Cities conference next week. He stated that he has been named chair
of the technology committee.
Will be preparing a Walk for Peace proclamation
Sent a letter to School Board Member Katie Leach, who is leaving her position, thanking her for her
service
Will be sending a letter supporting Wilton Manors Elementary School in becoming a Magnet
School of Excellence
ADJOURNMENT
The meeting adjourned at 9:42 p.m.
Paul Kuta's Public Remarks at City Commission Meeting on 11/12/13
My name is Paul Kuta, and I reside at 500 N.E. 28th Street in
Wilton Manors. Before I begin my prepared remarks, I wish to offer
my strong support for Commission approval of Resolution 2013-0104
which authorizes the city to contract for the construction of a
42-space parking lot on N.E. 8th Terrace off Wilton Drive.
We mourn the loss of Arthur T. Larned, Jr. who died at the age
of 86 on October 25, 2013. Art was a resident of Independence Hall
in Wilton Manors. He was a graduate of Rutgers University in New
Jersey, a World War II Navy veteran, and a retiree of the OwensCorning company. Until a few weeks before his passing, Art was a
volunteer at the Wilton Manors Public Library; and he also organized
the library at Independence Hall with books supplied by the Friends
of the Wilton Manors Library and others.
I again thank the City of Wilton Manors for hosting its annual
Veterans Day ceremony yesterday. Broward County has more than 110,000
veterans, and Florida has the third largest veterans population in
the U.S. As combat operations in Afghanistan decrease and the budget
sequester reduces the size of our armed forces, we will see many
more veterans in our area. They will face many challenges to include
health issues, unemployment, home foreclosures, and the VA bureaucracy.
We look forward to the opening next year of the privately-funded
veterans assistance center at 1300 South Andrews Avenue.
On November 4th, we celebrated the 8th annual Taste of the Island
event at Richardson Historic Park. This event was conceived about
a decade ago in the pre-Stonewall Parade era as the signature event
in our city--and as a fundraiser for several worthy non-profit
organizations in our city, to include the Leisure Services Department.
The Taste Committee works hard for months to organize this event for
all residents in Wilton Manors and neighboring cities. Likewise,
the Friends of the Library Board of Directors labors long to prepare
the gift baskets for the Silent Auction at the Taste. Many thanks
also are owed to all of the sponsors--especially the Top Chef
Sponsor, Rumors Bar and Grill. On the Sunday before the event, more
than 70 private citizen volunteers worked hard to pitch the tents
and undertake other logistical efforts. This is what Wilton Manors
is all about.
I wish to commend Mayor Gary Resnick for his front-page articles
in the Town Crier and Island City News. He highlights city events
in November and December which appeal to all of the residents in
Wilton Manors. Missing was mention of the popular monthly City
Yard Sale in the Hagen parking lot on November 9th and the weekly
Green Market. It is refreshing to see our elected officials focus
on something other than what appears to be an incessant drumbeat
on gay issues, events and visitors--worthy though they may be.
As cities surrounding Wilton Manors advance various developments
in their areas--often with the help of CRAs--we need to take care
that we are not left behind economically in having dining and shopping
establishments and civic events where the majority of our residents
are welcomed and do not have to always travel outside our city to
spend their money.
COMMISSION AGENDA REPORT
MEETING DATE: February 25, 2014
From: Patrick Cann, Director of Leisure Services
Prepared by: Bridgette Pierce, Program & Facility Supervisor
(a) Subject: Resolution No. 2014-0011 authorizes an agreement with Early
Coalition of Broward County Child Care Services and Family Central, Inc.
(b) City Manager Recommendation: Recommend approval.
(c) Report In Brief: Approval of agreement authorizes the City to accept
vouchers from Family Central for the After School and Summer Camp
programs to subsidize child care funding available from other sources.
(d) Discussion: Approval of Resolution No. 2014-0011 permits an agreement
that will use Vouchers to allow Early Learning Coalition of Broward County
and other sources to provide subsidized child care at little or no cost to
children that are eligible. Through this program, Family Central subsidizes
children ages 4-12 who attend the City of Wilton Manors After School and
Summer Camp programs.
(e) Strategic Plan Consistency: Establishing an agreement with Family Central
to subsidize children to attend After School and Summer Camp supports Goal
6: Quality City Services, Valued by our Citizens, Objective 5; Services
Provided in the Most Cost-effective Manner.
(f) Concurrences: None
(g) Fiscal Impact: The City of Wilton Manors will receive approximately $16,
237, which $11,172 for (7) After School and $5,075 for (5) Summer Camp
subsidies.
(h) Alternatives: None
(i) Attachments: Resolution No. 2014-0011; Agreement
OFFICE OF THE CITY ATTORNEY
CITY OF WILTON MANORS, FLORIDA
MEMORANDUM
TO:
Kathryn Sims, City Clerk (via e-mail)
Patricia Staples, Deputy City Clerk (via e-mail)
FROM:
Kerry L. Ezrol, City Attorney
DATE:
February 11, 2014
SUBJECT:
Wilton Manors “City of”/General Matters – Resolution No. 2014-0011, A
Resolution Executing an Agreement with Family Central, Inc. for After School
and Summer Camp Programs
Enclosed, for your review and placement on the February 25, 2014 City Commission Meeting
Agenda, please find Resolution No. 2014-0011, A Resolution Executing an Agreement with
Family Central, Inc. for After School and Summer Camp Programs.
Should you require any additional information, please contact me.
KLE:rc
Enclosure
H:\_GOV CLIENTS\WM 2976\_920129 GM\MEMO.14\RESO 2014\2014-0011 (2.25.14 mtg).doc
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RESOLUTION NO. 2014 -0011
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
WILTON MANORS, FLORIDA, APPROVING AND AUTHORIZING
THE PROPER CITY OFFICIALS OF THE CITY OF WILTON
MANORS TO EXECUTE AN AGREEMENT WITH FAMILY
CENTRAL, INC. FOR AFTER SCHOOL AND SUMMER CAMP
PROGRAMS; PROVIDING FOR CONFLICTS; PROVIDING FOR
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WHEREAS, the City Commission of the City of Wilton Manors, Florida, deems it
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to be in the best interests of the residents and citizens of Wilton Manors to enter into an
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Agreement with Family Central, Inc. for after school and summer camp programs.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF WILTON MANORS, FLORIDA, THAT:
Section 1.
The aforementioned "Whereas" clause is hereby ratified and
confirmed as being true and correct and is incorporated herein.
Section 2.
The City of Wilton Manors, Florida, hereby approves the terms and
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conditions of the Agreement with Family Central, Inc. for after school and summer camp
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programs; said Agreement having been submitted for consideration to the City Commission
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in written form, a copy of which is attached hereto and made a part hereof.
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Section 3.
The proper City Officials of the City of Wilton Manors be, and they
are hereby authorized and directed to execute said Agreement.
Section 4.
All resolutions or parts of resolutions in conflict herewith, be and the
same are repealed to the extent of such conflict.
Section 5.
If any Section, sentence, clause or phrase of this Resolution is held to
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be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall
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in no way affect the validity of the remaining portions of this Resolution.
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Section 6.
This Resolution shall become effective immediately upon its passage
and adoption.
PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF
WILTON MANORS, FLORIDA, THIS ___ DAY OF FEBRUARY 2014.
By:________________________________
GARY RESNICK, MAYOR
ATTEST:
RECORD OF COMMISSION VOTE
____________________________
KATHRYN SIMS
CITY CLERK
MAYOR RESNICK
VICE MAYOR CARSON
COMMISSIONER GALATIS
COMMISSIONER GREEN
COMMISSIONER NEWTON
_____
_____
_____
_____
_____
I HEREBY CERTIFY that I have
approved the form of this Resolution.
______________________________
KERRY L. EZROL
CITY ATTORNEY
H:\_GOV CLIENTS\WM 2976\_920129 GM\RESO.14\2014-0011 (Agmt with Family Central, Inc. 2-25-14 MTG).doc
Page 2 of 2
SCHOOL READINESS SERVICE AGREEMENT
FAMILY CENTRAL, INC.
PARTIES AND TERMS OF CONTRACT
A. General Terms.
1. Parties: This contract is entered into this 25—
da
Y o f February
Family Central, Inc. ("Family Central") and Provider:
(herein
referred
to
as
24oi N E 3rd Avenue wiiton Manors, Florida 33305
the
"Provider")
•
with
, 2CQ4_ by and between
wiitonManorsAlter school B.A.S.H
principal
offices
located
at
(this contract, hereinafter referred to
as the "Service Agreement"). In accordance with Florida Statute 411.01, and the most current
grant agreement between Florida Office of Early Learning ("OEL") and the Early Learning
Coalition of Broward County, Inc. (herein referred to as "Coalition"), the Coalition contracts with
Family Central to carry out administrative activities associated with client and provider eligibility
determination, application processing, provider payment and slot management associated with
Florida's School Readiness (hereinafter referred to as "SR") program-as the term is described in
Florida Statute 411.01, in Broward County, Florida . The SR program services that Family
Central is required to provide pursuant to the SR program services contract between the Coalition
and Family Central includes, but is not limited to determining the financial eligibility of families to
participate, awarding financial assistance, and enrolling eligible children in qualified SR programs,
as well as determining the eligibility of qualified early care and education programs to participate
as a SR program. Funding for SR program services provided under this Service Agreement is
made available through the Coalition, as well as other funding sources. The purpose of this
Service Agreement is to establish responsibilities, terms, and conditions for payment to the
Provider for SR program services provided under this Service Agreement in Broward County.
The Parties acknowledge that the existence of this Service Agreement does not require or
guarantee enrollment of children in the Provider's early care and education program.
It is mutually understood and agreed among the parties to this Service Agreement that the
Provider is at all times acting and performing as an independent contractor. The Provider is not a
subcontractor of Family Central and Family Central shall neither have nor exercise any control or
direction over the methods by which the Provider shall perform its work and functions, including,
but not limited to the day to day operations of the Provider. Nothing in this Service Agreement is
intended to or shall be deemed to constitute a partnership or joint venture between the parties.
Each party shall be solely and entirely responsible for its individual acts and the acts of its agents,
officers, directors, employees, and servants during the performance of this Service Agreement.
No party is in any way authorized to make any contract, agreement, warranty or representation
on behalf of any other party or to create any obligation, express or implied, on behalf of any party
unless the same is provided for pursuant to the terms and conditions this Service Agreement
2. Term: This Service Agreement is for a one-year term, for the period 2013 - 2014 state fiscal
year. (Term)
3. This Service Agreement begins on July 1 s t of the fiscal year or on the date on which the contract
is signed by the last party required to sign the Service Agreement, whatever occurs last, and the
Service Agreement ends on June 30th of the fiscal year indicated provided that the Service
Agreement has not been terminated earlier pursuant to the terms and conditions of the Service
Agreement.
Family Central, Inc. • 840 SW 81st Avenue • North Lauderdale, FL 33068-2001
Broward Service Agreement FY13-14
4
Effective Date of Service Agreement Activities: Providers will be reimbursed for any SR
program services provided on or after the effective date of this Service Agreement. Providers will
not be allowed to enroll eligible children receiving financial assistance from SR program funds
into their early care and education program without a Service Agreement that has been approved
by Family Central and executed by all parties. Provider will not receive nor be entitled to payment
for SR program services before this Service Agreement is fully executed by both parties or after
expiration of the Service Agreement.
5. Applicable Law: Provider agrees to comply with any and all applicable federal, state and local
laws and regulations in performing services funded under this Service Agreement including, but
not limited to, the following:
• Broward County Child Care Ordinance;
• Chapter 65C-20 or Chapter 65C-22, Florida Administrative Code ("F.A.C");
• Chapter 402, Florida Statutes;
• 42 U.S.C.§9858, etseq.;
• 45 Code of Federal Regulation ("C.F.R.") §98;
. 45C.F.R. §99;
. Chapter 6M-4, F.A.C;
• Chapter 6M-9, F.A.C; and
• Chapter 273.02, Florida Statutes
The Provider represents and warrants that it has complied with all applicable background
screening requirements under Florida law including those required by Chapters 402 and 435,
Florida Statutes, as amended by Chapter 2010-114, Laws of Florida. The Provider shall maintain
records of all background screening results and such records shall be made available to Family
Central or the Coalition upon request. Failure to comply with any applicable federal, state, or
local laws or regulations shall be considered a default as set forth in Section E of this Service
Agreement may result in termination hereunder or non-payment for SR program services
rendered pursuant to this Service Agreement during said period of non-compliance.
6. Policies: In addition to those policies and procedures as promulgated by OEL, the Coalition, and
Family Central, the Provider agrees to comply with all policies and procedures as stated in the
Broward Eligibility, Determination and Enrollment and Slot Management and Payment Policy
Handbook (available at www.familvcentral.org), as the same may be amended from time to time.
In the event of any amendment of the aforementioned policy handbook, Family Central will
provide written notification to the Provider.
7. Eligible Child Care Provider: In order to receive state or federal funds under this contract,
Provider must be an eligible child care provider as defined under 45 C.F.R. 98.2 and as identified
in Chapter 411.01, Florida Statutes, as the aforementioned statutes and regulations may be
amended from time to time. If Provider fails to maintain its status as an eligible child care
provider, this Service Agreement is automatically terminated. Provider agrees to notify Family
Central immediately if it ceases to be an eligible child care provider. Provider shall provide
written follow-up notification to Family Central within 2 business days of the initial, immediate
notification, including additional information regarding the status of its meeting the requirements
to be an eligible child care provider under federal and state law.
-2Family Central, Inc. • 840 SW 81st Avenue • North Lauderdale, FL 33068-2001
The Parties agree as follows:
B. Provider Responsibilities. The Provider shall:
1. Child Care Authorization: Accept a SR child only after receiving authorization from Family
Central according to Chapter 6M-4, F.A.C. Initial authorization may be by phone. The approval
will arrive from Family Central via fax or mail to the provider.
2
Records Retention: Retain all client records, financial records, supporting documents, statistical
records, and any other documents (including electronic storage media) pertinent to this Service
Agreement for five (5) years from the date of submission of the final reimbursement request
under this Service Agreement or until the resolution of any audit findings or any litigation relating
to this Service Agreement, whichever occurs last. Provider shall comply with all record retention
requirements of Sections 119.021 and 411.011, Florida Statutes, as those statutes and laws may
be amended from time to time, as well as all other requirements of law. All child records including
attendance, developmental screening and child assessment documentation shall be delivered to
Family Central on the last business operating day if the Provider ceases to do business during
the record retention period. Provider will cooperate with Family Central to facilitate the
duplication and transfer of any and all records upon request by Family Central. Provider shall
ensure that there are adequate data security measures in place for those records that are
pertinent to this Service Agreement and that are in its possession during the term of the Service
Agreement Provider shall also ensure that its data security measures are in accordance with all
applicable federal and state laws. In the event there is conflict between the records retention
requirements of this Service Agreement and any applicable Florida Statutes, the applicable
Florida Statutes will control.
3. Record Sign-In/Out: Ensure that all records pertinent to the Service Agreement, including but
not limited to sign-in/sign-out sheets (to include name, time in/out, including a.m. and p.m. for
those Providers offering extended care, and parent/guardian signatures), attendance records,
and health report forms, are available at all reasonable times for inspection, review, copying or
audit by Federal auditors, representatives of the Comptroller of the State of Florida or the Auditor
General of Florida, or other personnel duly authorized by Family Central, the Coalition, the
Department of Education, or Florida's Office of Early Learning. A parent/guardian's signature on
the sign-in/sign-out sheet must include both first and last name where required pursuant to the
Provider's organizational policies.
In the event the Provider is unable to produce sign-in/sign-out sheets on-site as set forth herein,
reimbursement shall not be made for any days for which a completed sign-in/sign-out sheet is not
immediately available on-site at the Provider's location. In no event may an officer, employee, or
volunteer of the Provider sign a child in or out except when it is logistically impossible for the
parent/guardian to physically sign the child in or out (such as where the child rides the bus) and
where the parent/guardian has expressly consented in writing to an officer, employee, or
volunteer of the Provider signing the child in or out. In such cases, the parent/guardian must sign
a statement at least once a month verifying their child's attendance for the preceding month for
payment purposes. In addition, the Provider must comply with all applicable licensing
requirements in this Service Agreement to verify attendance for payment.
4. Financial Records: Establish and maintain books, records, and documents, including electronic
storage media and electronic records, in accordance with generally accepted accounting
procedures and practices which sufficiently and properly reflect all revenues and expenditures of
funds received by the Provider under this Service Agreement.
• Broward Service Agreement FY13-14
• -js.'ts . - . • , - . - - - .
j
5. Facility Access: Permit persons duly authorized by Family Central, the Coalition, and/or
Florida's Office of Early Learning to access inspect and/or copy any papers, documents, facilities,
goods or services of the Provider which are relevant to this Service Agreement and to interview
any clients or employees of the Provider to ensure the satisfactory performance of the terms and
conditions of this Service Agreement.
6. Non-discrimination: Not discriminate against participants in the SR program or against the
Provider's employees because of age, race, creed, religion, color, disability, national origin,
sexual orientation, marital status, or gender. The Provider shall provide a harassment-free
workplace and shall investigate any allegations of harassment or discrimination.
7. Pro-Children Act: Comply with the Pro-Children Act of 1994, 20 United States Code ("U.S.C.")
6083, as the same may be amended from time to time, which prohibits smoking in child care
facilities. Failure to comply with the provisions of the law may result in certain penalties as set
forth in said law, which include, but are not limited to the imposition of a civil monetary penalty up
to $1,000 for each violation and/or the imposition of an administrative compliance order on the
responsible entity.
8. Representation: Not hold itself out, nor should its employees, agents, or volunteers hold
themselves out, as employees, agents, servants, joint ventures, partners or representatives of
Family Central or the Coalition.
9.
Developmental Screening: Participate in the SR Child Screening Process, as set forth in Rule
6M.4.72, F.A.C. and according to the procedures set by the Coalition. The SR Child Screening
Process' is designed to identify children in need of further evaluation for special needs. The
Provider is responsible for ensuring that all children enrolled in a SR program have, at a
minimum, an annual completed Ages and Stages Questionnaire (ASQ) and Ages and Stages
Questionnaire-Social Emotional (ASQ-SE) developmental screening in their files conducted within
45 days of enrollment for new children or within 45 days of the child's birth date. The Provider
shall permit persons duly authorized by Family Central and/or' the Coalition to provide
developmental screening training services off-site or on-site at the Provider's location where SR
program services are provided.
10.
Fully participate and cooperate in all aspects of developmental screening and follow-up child
assessment, which includes providing updated parent contact information, completing
developmental screening checklists (for newly enrolled children within 45 days of enrollment and
for all other children within 45 days of the child's birth date), encouraging parental involvement,
and returning developmental screening checklists in the manner required, by the Coalition or their
designee. The Provider further agrees to provide relevant feedback on a child's progress to both
the child's parent/guardian and the Coalition or their designee, gained during the developmental
screening process according to procedures identified by the Coalition or its designee.
11. Child Assessment: Administer age-appropriate assessments to children when they enter and
leave the program, as set forth in Florida Statutes 411.01(5) (c) 2.d, as the same may be
amended from time to time. The Provider is required to conduct child assessments consistent
With Coalition policies and procedures
Please Type Assessment Tool and Published Dale Below:
The After School Program Assessment System and Parks and Recreation Needs Assessment Tool
12.
Music: Provide music appropriate for each age, including classical music, daily for all children
birth to 10 years.
13.
Reading: Read to all children birth to 10 years for a minimum of 30 minutes each day.
14.
Brain Development: Foster brain development for children from birth to ten years of age in an
environment that helps children attain the performance standards adopted in accordance with
Family Central, Inc.* 840 SW 81st Avenue • North Lauderdale, FL 33068-2001
411.0106, F.S., 411.01(4)(d)8, as the same may be amended from time to time, and according to
child development norms for all other children.
15.
Developmental^ Appropriate and Character Development Curriculum: Utilize OEL's
approved developmental^ appropriate curriculum including character development for each class
that meets the State of Florida Performance Standards accordina to 6.M. 4.710 F.A.C.
Please type Curriculum Name and Published Date Below:
Before and Afterschool's Broward County School Board /FRPA programs
16.
Child Discipline: Ensure that child discipline practices are age-appropriate and not severe,
humiliating or frightening. Under no circumstances shall children being served by the Provider be
subjected to discipline that is associated with the withholding or limiting of any food, rest, or
toileting. Spanking or any other form of physical punishment is strictly prohibited.
17. Confidentiality: Ensure confidentiality of all information and data concerning all children and
their families required to be kept confidential by law, including, but not limited to personal
information contained in records that are confidential and exempt from Section 119.07, Florida
Statutes, and Section 24(a), Art. I of the State Constitution, and the confidentiality provisions of
Sections 119.071, and 411.011, and 456.057, as the same may be amended from time to time,
where applicable. Provider shall comply with privacy measures and requirements of the Health
Insurance Portability and Accountability Act (HIPAA), to the extent applicable and as the same
may be amended from time to time, if applicable. Provider shall also provide adequate record
and data security to preserve confidentiality and privacy of all children and their families. The
confidential information and data of all children and their families must be protected in a manner
that does not disclose, disseminate, and/or utilize the personal identification or related information
or data of children or their families by persons or entities other than those authorized to receive
the records pursuant to this Service Agreement and applicable federal and Florida law.
18.
Payment Discrepancies and Availability of Funds: Return and/or reimburse Family Central
any overpayment made under the Service Agreement including, but not limited to, any payment
for a cost disallowed under federal or state law. The Provider shall return any overpayment to
Family Central within twenty (20) calendar days after either discovery or notification of the
overpayment by Family Central. If the Provider or its independent auditors discover an
overpayment has been made, the Provider shall repay the overpayment within twenty (20)
calendar days of said discovery without prior notification from Family Central. Notwithstanding
any provision in this Service Agreement to the contrary, Family Central reserves the right to
deduct from the Provider's reimbursement payment any overpayment or disallowed costs
discovered through a monitoring, audit or through any other means. If Family Central makes such
a deduction from a reimbursement payment, it shall provide the Provider with notice in writing of
the reason for the deduction and the amount of the deduction at the time the reimbursement
payment is made. Notwithstanding the foregoing, Provider acknowledges and agrees that
payment to the Provider as stated in this Service Agreement shall be subject to the availability of
funds and all payment obligations under this Service Agreement are contingent upon an annual
appropriation by the Florida Legislature, and funding by the Coalition and other funding sources,
as applicable.
19.
Invoice Submission: Submit the final invoice for payment to Family Central no more than twenty
(20) days after termination or expiration of the Service Agreement; if the Provider fails to do so, all
rights to payment are forfeited, Family Central will not honor any requests for payment submitted
after the aforesaid time period. Any payment due under the terms of this Service Agreement may
be withheld until all evaluation and financial reports due from the Provider and necessary
adjustments thereto, have been approved by Family Central.
20.
Military Subsidy: Notify Family Central if it receives military subsidy payments through or from
the National Association for Child Care Resource and Referral Agencies (NACCRRA), or any
legal successor organizations, on behalf of any child enrolled in Provider's SR program. Provider
understands that its SR reimbursement rate may be changed as a result of receipt of such
military subsidy payments. If Provider fails to report receipt of such military subsidy payments,
Provider will be subject to fraud investigation and applicable penalties for violation of the
requirements of the SR program.
21. Child Documentation: The Provider understands that knowingly providing false information,
omitting requested or required information, signing inaccurate attendance documents or failing to
promptly report changes that will directly affect the Provider's eligibility to provide SR services will
constitute a default hereunder and may result in payment being withheld, required reimbursement
for any unauthorized payments and/or termination of this Service Agreement. Provider further
understands that it may be reported by Family Central or the Coalition to the Florida Department
of Law Enforcement or any other appropriate law enforcement agency for any suspected
fraudulent or criminal conduct.
22.
Health Care Records: Obtain, maintain and secure any and all health care records for each child
that receives SR program services funded under this Service Agreement, which includes
information concerning a child's age-appropriate immunizations, physical development and other
health requirements as necessary, including age-appropriate vision and hearing screenings and
examinations in accordance with applicable state and local law and associated policies.
23.
Provision of Services Change: Notify Family Central in writing at least two (2) business days in
advance of any changes that will affect, limit, interrupt or discontinue the Provider's provision of
services under this Service Agreement including, but not limited to, any change of a director or
owner of a facility, accreditation status, public rates, or temporary emergency closings. For
changes involving permanent business closings or change in location where services will be
provided, such changes shall be reported within ten (10) business days prior to the change.
Emergency closing compensation for the Provider will be handled in accordance with Rule 6M4.501, F.A.C, as the same may be amended from time to time. Failure to provide written
notification as set forth herein shall be considered a default under the Service Agreement.
24.
Child Care Resource & Referral Network: Provide program and business information to Family
Central for inclusion in the Child Care Resource and Referral Network as the term and program is
described in Section 411.0101, Florida Statutes, and be responsible for ensuring that Family
Central has up-to-date business and contact (including emergency contact) information for
distribution to families seeking child care information in Broward County. Program and business
information shall be provided by completing the applicable form located at www.familycentral.org.
Failure to report changes in program and business information may constitute default and could
result in termination of this Service Agreement.
25.
Hours of Service: Maintain hours of service from 2:3° am to 6:31> pm, Monday-Friday ( 5) days per
week on a year-round basis. The Provider must notify Family Central in advance of any changes
to its scheduled hours or days of operation. In no event may the Provider maintain hours of
operation that are not in compliance with applicable Florida or local law.
26.
Indemnification and Notification of Legal Action: To the extent permitted by law, be liable for,
and indemnify, defend, and hold Family Central and the Coalition and all of their officers, agents,
and employees harmless from all claims, suits, judgments, or damages, including attorneys' fees
(including all levels of appeal) and court costs and expenses, arising out of any act, actions,
neglect, or omissions by the Provider, its agents, officers, subcontractors, or employees during
the performance or operation of this Service Agreement or any subsequent modifications thereof,
whether direct or indirect, and whether to any person or tangible or intangible property, including,
• Broward Service Agreement FY 13-14
without limitation, any and all claims, demands, or causes of action of any nature whatsoever
resulting from injuries or damages sustained by any person or property. To the extent considered
necessary by Family Central, any sums due to the Provider under this Service Agreement may be
retained by Family Central until all of Family Central's and if applicable, the Coalition's claims for
indemnification pursuant to this Service Agreement have been settled or otherwise resolved; and
any amount withheld shall not be subject to payment of interest by Family Central. The parties
agree that such indemnification obligations shall survive the expiration or termination of this
Service Agreement. After the highest appeal is exhausted, only an adjudication or judgment
specifically finding the Provider not liable shall excuse performance of this provision. The Provider
shall pay all costs and fees including attorneys' fees relating to these obligations and their
enforcement by Family Central or the Coalition. Family Central's or the Coalition's failure to notify
the Provider of a claim shall not relieve the Provider of these duties. The Provider shall not be
liable for the sole negligent acts of Family Central or the Coalition.
The parties acknowledge that if the Provider is a state agency or political subdivision as defined
in Chapter 768.28, Florida Statutes, Provider agrees to be fully responsible for acts and
omissions of its agents or employees to the extent permitted by law. Nothing herein is intended
to serve as a waiver of sovereign immunity by any party to which sovereign immunity may be
applicable. Nothing herein shall be construed as consent by a state agency or political
subdivision of the State of Florida to be sued by third parties in any matter arising out of this
Service Agreement or any other contract.
During the term of the Service Agreement, the Provider shall notify Family Central and the
Coalition of any pending or potential legal actions taken against it such as lawsuits, claims, or
special proceedings, related to or arising from services provided pursuant this Service Agreement
or that may impact the Provider's ability to deliver the contracted SR program services, or
adversely impact Family Central, the Coalition and/or the recipients of the Coalition's SR
program. Family Central and the Coalition will be notified in writing within twenty-four (24)
chronological hours of the Provider becoming aware of such action or from the day of the legal
filing of said action, whichever is earlier.
27.
Cooperation: Fully cooperate with the Family Central, the Coalition, OEL and any applicable
state and federal authority regarding any fraud or other type of investigations. Cooperation shall
include, but not be limited to the production of any requested documents and the commitment to
make available any witnesses to testify when requested by the aforementioned entities.
28.
Warranty of Ability to Perform: Warrant that, to the best of its knowledge, there is no pending
or threatened action, proceeding, litigation, or investigation, or any other legal or financial
condition, that would in any way prohibit, restrain, or diminish the Provider's ability to perform
under the Service Agreement. The Provider shall immediately notify Family Central in writing if its
ability to perform is compromised in any manner or if it is involved in any litigation during the term
of the Service Agreement.
29.
Insurance: Maintain any liability and/or accident insurance as required by law, including but not
limited to, any insurance coverage required by applicable childcare licensing regulations. If the
Provider is a child care facility or family child care home and maintains liability and/or accident
insurance covering its business pursuant to applicable law, said insurance policy and/or
applicable coverage shall include the following: (a) name Family Central and the Coalition shall
as additional insureds (with the exception of worker's compensation insurance for all providers
and automobile liability insurance for family day care homes), (b) furnish Family Central with
written verification supporting the existence of such insurance coverage, and (c) notify Family
Central in writing at least thirty (30) days in advance of any anticipated material change in
coverage or cancellation. The Provider must comply with the insurance requirements of this
paragraph before reimbursement payments will be made for any SR program services.
Notwithstanding anything herein to the contrary, if the Provider is other than a child care center or
family day care home and provides care for one or more children in a home, the Provider must
maintain homeowners liability insurance (or other similar insurance if the home is rental property)
for the location where SR program services funded by this Service Agreement are provided to SR
program recipients. This provision does not apply to the extent the Provider is a governmental
entity that is self-insured pursuant to Section 768.28(16), Florida Statutes, as the same may be
amended from time to time.
30.
Monitoring: Submit to monitoring by Family Central, the Coalition, or any or its agents to ensure
compliance with this Service Agreement.
If any monitoring of the Provider reveals any
deficiencies concerning the Provider's contracted SR program services, or the operation of its
business at its service location, the Provider shall correct said deficiencies in accordance with
applicable law and a written corrective action plan. The written corrective action plan must be
approved by Family Central and the Coalition if the Coalition determines such approval is
necessary. The written corrective action plan shall include, but not be limited to, a timeline with
due dates for correcting said deficiencies. Failure by the Provider to correct any documented
deficiencies in accordance with an approved written corrective action plan may result in
termination of this Service Agreement.
31.
Incident Reporting: Acknowledge that the Provider, as well as its employees and agents, are
mandatory reporters for purposes of Florida Statute 39.201 and the Provider shall immediately
report any known or suspected child abuse, neglect, abandonment, lack of supervision, or
exploitation to the Florida Department of Children and Families ("DCF") through DCF's Child
Abuse Registry (1-800-96-ABUSE). The Provider shall also report any such incidents as
described herein to Family Central within one (1) hour of discovery of said incident and submit a
written follow-up report to Family Central within three (3) business days of the incident.
Provider shall report any and all risk incidents to Family Central within one (1) hour of learning of
the incident and submit a written follow-up report to Family Central within three (3) business days
of the incident. A "risk incident" is defined as: a) any event involving the health, safety and
welfare of any child in its care during the term of the Service Agreement; b) any event that is likely
to place the Provider, Family Central or the Coalition at potential risk of liability or a claim and/or
proceeding being potentially filed against the Provider, Family Central or the Coalition; c) an
event that would cause negative publicity or scrutiny, whether by the media or by a federal, state,
or local governing agency, to be brought against the Provider, Family Central or the Coalition;
or d) an event that could result in a substantial negative financial impact or finding against the
Provider, Family Central, or the Coalition due to the Provider or its employees failure to comply
with the Service Agreement or applicable governing laws.. Examples of risk incidents include, but
are not limited to: accusations of abuse or neglect against the Provider or Provider's staff; serious
accidents involving children or staff at the Provider's facility; any event that may result in negative
publicity for the Provider, Family Central, or the Coalition; misuse, mismanagement, and/or
misappropriation of funds by the Provider or its employees; or arrest and/or conviction of an
employee of the Provider for a criminal act or activity.
32.
Phone Line, Internet Access, and E-mail: Ensure that the Provider has at least one (1) landline
telephone to make or receive phone calls at all times. Additionally, Provider is required to have
access to the internet at the early care and education facility where SR program services are
being provided to SR program recipients as well as identify, maintain and monitor all e-mail
addresses used by the Provider to communicate with Family Central and if necessary, the
Coalition and assist in providing SR program services to those SR program recipients.
33.
Absence Reporting: Report to ChildNet's hotline at (954) 414-6000 X3887, by noon on the day
of an unexcused absence or by noon of the seventh (7th) consecutive excused absence of any
age child referred for protective services under the "BG1" billing group funding identified on the
Provider attendance sheet. The Rilya Wilson Act, as the same is amended from time to time,
establishes these reporting requirements for children 3 to 5 years old. This absence reporting
requirement shall apply to all children referred for protective services of any age in a SR program.
34.
Quality Initiatives: Indicate the Provider's desire to voluntarily participate in quality initiatives
offered through the Coalition (•) YES or Q No.
35.
Computer-related Crimes: Comply with the Computer-Related Crimes Act, Florida Statutes,
815.00, as well as any other applicable law, as the same maybe amended from time to time.
Provider shall demonstrate due diligence in safeguarding the Provider's information resources by
establishing policies and procedures for information systems security that are consistent with the
policies of Florida's Office of Early Learning.
36.
COOP: Maintain a Continuity of Operations Plan (hereinafter referred to as "COOP"), which
identifies steps to be taken in the event of an emergency or natural disaster that may affect the
health, safety, or welfare of children and Provider's staff at the SR program service location.
37.
Professional Development: Ensure Provider staff meets all .training and professional
development requirements in accordance with applicable accreditation standards and/or state
and local law. Provider staff development requirements can be found in Section 402.301 402.319, Florida Statutes,; Rule 65C-20, F.A.C.; Broward Child Care Facility Ordinance;
Provider's Accredited Standards, as applicable. Provider agrees to participate in the Florida
Professional Development Registry as available and as set forth in Section 411.01(5) (c) I.e.
Florida Statutes, as the same may be amended from time to time.
38. Ratio: Provider shall maintain the required staff to child ratio in accordance with applicable state
and local law. Provider staff ratios can be found in Broward County Child Care Ordinance, and
Sections 411.01(5) (c) 2e, 402.302(7) & (8), and 402.305(4), Florida Statues, as the ordinance
and statutes may be amended from time to time.
39. Sponsorship Advertisement: If the Provider sponsors a program financed wholly or in part by
state funds, including any funds obtained through this Service Agreement, the Provider, in
accordance with Florida Statutes 286.25, as the same may be amended from time to time, shall
state: "Sponsored by (Provider's name) and Early Learning Coalition of Broward County, Inc."
and the "Florida's Office of Early Learning" if the Provider publicizes, advertises, or describes the
sponsorship of the program in any promotional or information material, or through any media
outlet. If the sponsorship reference is in any written format, the words "Early Learning Coalition of
Broward County, Inc." and "Florida's Office of Early Learning" shall appear in the same size
letters or type as the name of the Provider.
C. Family Central Responsibilities. Family Central shall:
1.
Eligibility Determination: Determine and ensure the eligibility requirements of Providers to
participate as a SR program provider are met and maintained in accordance with applicable
federal, state, and local law.
2.
Monitoring: Conduct monitoring of the Provider at least once a year to ensure compliance with
this Service Agreement, including but not limited to the child care attendance policies of this
Service Agreement. Family Central reserves the right to conduct monitoring more frequently and
without advance notice to the Provider.
-9Family Central, Inc. • 840 SW 81 st Avenue • North Lauderdale, FL 33068-2001
3. Payment Reimbursement: Process payment to the Provider for reimbursement for SR program
services provided by the Provider under this Service Agreement. Payments to the Provider as
stated herein shall be subject to the availability of funds and all payment obligations under this
Service Agreement are contingent upon an annual appropriation by the Florida Legislature, and
funding by the Coalition and other funding sources, as applicable.
4. 'BG1' Referral Notification: Notify the Provider of any age child referred for protective services
including those children who are subject to the Rilya Wilson Act, as the same maybe amended
from time to time. (Florida Statutes 39.604,).
D. Termination.
1. Termination at Will: This Service Agreement may be terminated by either party upon no less
than thirty (30) calendar days notice, without cause, unless a lesser time is mutually agreed upon
by both parties. Notice shall be provided by certified mail, return receipt requested or in person
with proof of delivery. If sufficient notice of termination by the Provider is not provided as stated
herein, Family Central may refuse to issue the final reimbursement payment to Provider for its SR
program services.
2.
Termination Due to the Lack of Funds: In the event funds to finance this Service Agreement
become unavailable, Family Central may terminate this Service Agreement upon no less than
twenty-four (24) hours notice in writing to the Provider. Under this circumstance, notice shall be
provided by certified mail, return receipt requested or in person with proof of delivery. Family
Central shall be the final authority as to the availability of funds and shall not reallocate funds
earmarked for this Service Agreement to another program thus causing "lack of funds." In the
event of termination of this Service Agreement, the Provider shall be compensated for any work
satisfactorily completed prior to the time of termination.
3. Termination for Breach: This Service Agreement may be terminated by Family Central for
default or other nonperformance or non-compliance with this Service Agreement upon no less
than twenty-four (24) hours notice in writing to the Provider. Non-performance or noncompliance
by the Provider shall include, but not be limited to the following: a) revocation or suspension of
child care licensing by the licensing authority b) failure of a Provider not subject to licensure by a
licensing authority to maintain the health, safety and welfare of SR program recipients and
children in the Provider's care as determined by the Coalition c) failure of personnel of Provider to
have required background screenings d) failure to correct or remedy a deficiency upon being
placed on notice by Family Central or the Coalition as set forth in this Service Agreement and e)
Provider is a licensed child care facility and is charged with more than two Class 1 violations or
Three Class 2 violations or a combination of three Class 1 and Class 2 violations by Broward
County Child Care Licensing and Enforcement within a two (2) year period. The terms "Class 1
violations" and "Class 2 violations" shall have the same meaning as provided in 65C-20, F. A. C.
4. Annual Appropriation: Any obligation to pay under this Service Agreement is contingent upon
an annual appropriation by the Legislature or other funding constraints that are not inconsistent
with the terms of this Service Agreement. In the event the federal, state, and/or local funds upon
which this Service Agreement is dependent are withdrawn or redirected, this Service Agreement
shall be terminated immediately and Family Central shall have no further liability to the Provider
beyond that already incurred prior to the termination date. In the event that this Service
Agreement is terminated for any reason, the Provider agrees to assist Family Central in the
smooth transition of services by promptly providing to Family Central all of the Provider's records
and non-expendable property as described in Section 273.02, Florida Statutes, purchased with
the Coalition's funds in the Provider's possession to Family Central.
5. Termination Due to Implementation of Statewide SR Provider Agreement: In the event the
State of Florida mandates the use of an OEL approved standard form SR provider agreement
(hereinafter referred to as the "Statewide Agreement") to be utilized by the Coalition and/or
Family Central that is different in form or content from the Service Agreement, the parties agree
that this Service Agreement will terminate effective upon the date that use of the Statewide
Agreement is mandated. The Coalition and/or Family Central agrees to attempt to negotiate a
contract with the Provider based on the Statewide Agreement so long as the Provider is not in
breach of the Service Agreement at the time of and during said negotiations. The Coalition and/or
Family Central may enter into a temporary agreement for the Provider to provide SR program
services until such time the parties have entered into Statewide Agreement with the consent of
OEL; however, in no event shall such temporary agreement exceed (60) sixty days from the date
of termination of the Service Agreement as set forth herein without the written approval of the
OEL and, if applicable, the Coalition.
6. Termination of SR program services contract between the Coalition and Family Central: In
the event the contract between the Coalition and Family Central, Inc. to provide SR program
services pursuant Section 411.01, Florida Statutes, which is the basis for this Service
Agreement, is terminated by either party to said contract or is expired so that Family Central no
longer contracts with the Coalition to provide the services described in this Service Agreement,
the Coalition shall succeed to the interest of Family Central under the Service Agreement with
said Service Agreement remaining in full force and effect between the Coalition and the Provider.
The Coalition, as a successor in interest to Family Central, shall perform the functions and
obligations of Family Central pursuant to the same terms and conditions of the Service
Agreement so long as there exists no Event of Default by the Provider under said Service
Agreement for the remainder of the unexpired Term of the Service Agreement, or until such time
said Service Agreement is assigned to a Lead Agency, as the term is defined herein, whichever is
earlier. For purposes of this paragraph, "Lead Agency" shall mean a successor entity to Family
Central under this Service Agreement who contracts with the Coalition to handle, monitor, and
supervise child care providers, as well as provide any reimbursement for work performed
pursuant to those applicable laws and policies as set forth in Section (A) (4) and (A) (5) of the
Service Agreement as it pertains to SR program services. The Coalition shall provide written
notification to the Provider of its succession to the interest of Family Central within a reasonable
time after the termination of the contract between the Coalition and Family Central, Inc. to provide
SR program services pursuant Florida Statute 411.01.
7. Upon the execution of a contract between the Coalition and the Lead Agency, the Lead Agency
shall immediately succeed to the interest of the Coalition with said Service Agreement continuing
in full force and effect. The Lead Agency, as successor in interest to the Coalition as set forth
hereunder, shall perform the functions and obligations described in this Service Agreement as
applying to Family Central so long as there exists no Event of Default by the Provider under the
Service Agreement for the remainder of the unexpired Term of said Service Agreement. Provider
agrees to enter into an amendment of the Service Agreement with the Lead Agency within thirty
(30) days of receipt of written notice from the Coalition to the Provider of the execution of a
contract with the Lead Agency to facilitate the assignment of the Service Agreement. Except for a
material change in the terms and conditions of the Service Agreement, the Provider agrees that
the failure of the Provider to enter into an assignment of the Service Agreement with the Lead
Agency as set forth herein shall constitute an Event of Default hereunder and said Service
Agreement shall be considered a breach pursuant to Section (D) (3) of the Service Agreement.
For purposes of this section, a "material change" as stated herein shall not be considered one of
the following: a) correction of scrivener's errors b) changes in name, address, contact person, or
other identifying information for the Provider, Coalition Lead Agency or other referenced entities
or authorities or c) update of applicable federal, state and local laws as well as the policies and
procedures of OEL and the Coalition. In the event the contract between the Coalition and Lead
Agency is terminated by either party to said contract, the Coalition shall succeed to the interest of
the Lead Agency under the Service Agreement and the Coalition and the Provider shall follow the
same process that was utilized for Family Central and the Lead Agency as set forth herein for any
successor in interest to the Lead Agency and that successor in interest to the Lead Agency shall
become the new Lead Agency as set forth herein.
E. Default.
In the event there is a breach of the terms and conditions of the Service Agreement, said breach
shall constitute an Event of Default hereunder. An "Event of Default" shall mean the failure of the
Provider to perform pursuant to the terms and conditions set forth in this Service Agreement and said
failure to perform has not been cured within 30 day after receipt of written notice from Family Central
specifying such failure, or within such other reasonable time period agreed to by both parties.
Notwithstanding the foregoing, Family Central shall not be required to provide written notice and a
period to cure a breach of the terms and conditions of this Service Agreement by the Provider and
may terminate this Service Agreement as set forth in Section D of this Service Agreement. Waiver of
a breach of any provisions of this Service Agreement shall not be deemed to be a waiver of any other
subsequent breach and shall not be construed to be a modification of the terms of this Service
Agreement.
In the Event of Default, Family Central, and if applicable, the Coalition, shall be entitled to any and all
remedies in law and equity in addition to those remedies set forth in the Service Agreement and the
said remedies shall survive the expiration or termination of this Service Agreement.
F. Dispute Resolution Process.
The Provider has the right to file a complaint with Family Central in accordance with Family Central's
grievance policy in the event that the Provider believes that payment has been denied or the Service
Agreement has been terminated contrary to or not in accordance with applicable laws, rules, statutes,
Family Central policies or protocols, or terms and conditions of the Service Agreement.
G. Method of Payment.
1.
Negotiated Rates. Payment for SR program services shall be based upon the Coalition's School
Readiness Rate or the Providers' private pay rate (reported to Child Care Resource and
Referral), whichever is less. In no event will the Provider be reimbursed at a rate that exceeds
the lower of the maximum reimbursement rate designated by the Coalition, or the Provider's
maximum private pay rate. Increases in the reimbursement rate will be effective, as applicable,
the first of the month following notification in writing by the Provider to Family Central.
2.
Parent Fees. The authorized sliding scale parent fee shall be deducted from the negotiated rate
before payment is made to the Provider. It shall be the responsibility of the Provider to collect the
parent fee, except that Family Central will assist in collecting up to two weeks of parent fees if two
weeks or less of parent fees are past due and need to be collected prior to a transfer of a child to
a different child care provider.
3. Child Care Executive Partnership. If the Provider participates in the Child Care Executive
Partnership Program as the program is described in Section 411.0102, Florida Statutes, the
Provider's portion of matching funds may be deducted from the negotiated rate before payment is
made to the Provider.
4. Monthly Invoices. Family Central will reimburse the Provider for SR program services on the
basis of monthly enrollment attendance verification forms that report the Provider's eligible
-12Family Central, Inc. • 840 SW 81S| Avenue • North Lauderdale, FL 33068-2001
enrollment on a daily basis. The attendance of the SR program recipients shall be submitted on
the forms provided by Family Central for this purpose. The Provider shall submit the monthly
enrollment attendance verification forms not later than the third (3-) working day of the month
following the month in which services were provided. Enrollment Attendance Verification Forms
received after this date will be included in the following month's report; however, Provider will not
receive reimbursement for said invoice until the next reimbursement period. The Provider forfeits
all rights to any payment for any monthly attendance report submitted more than 45 days
following the end of the service period. Requests for reimbursement adjustments must be
submitted in writing to Family Central within 45 days following receipt of payment for that service
period. (Family Central reserves the right to request documentation earlier to close out the fiscal
year). If the Provider has knowing and intentionally reported information to Family Central that is
false or incorrect in order to receive payment form Family Central hereunder, such actions or
omissions will be considered a default hereunder and will result in -termination of this Service
Agreement, and the Provider will be reported to the appropriate law enforcement authority or
authorities as it pertains to said conduct.
Notwithstanding the foregoing, the Provider shall be liable to return any and all funds obtained
under false pretenses or through fraudulent conduct as it pertains to this Service Agreement. If
Provider, after investigation and adjudication by a court, commission, agency, or board of
competent jurisdiction, has been found to have fraudulently misrepresented enrollment or
attendance of SR recipients or any other information in order to obtain funds related to the SR
programs, Provider will not be considered eligible to contract with Family Central or the Coalition
subsequent to said finding by the appropriate governing authority.
5. Payments.
a. Reimbursement: Reimbursement payments will be mailed or directly deposited not later than
the twenty-fifth (25th) day, excluding holidays, following the submission of a completed and
accurate invoice (including all required attendance information) to Family Central, subject to
availability of funds. Reimbursement shall be made for the eligible enrollment on a daily basis.
No reimbursement will be made for children in excess of the Provider's licensed capacity at
any given time. Family Central reserves the right, at its sole discretion, to limit future
enrollment when a Provider has been found to be over its licensed capacity at any given time.
Under no circumstances will Family Central enroll children with a Provider that the Coalition
knows will cause the Provider to exceed its licensed capacity at any given time.
b. Gold Seal: Reimbursement at Gold Seal rates will be made only if proper documentation is
submitted to Family Central and if the entity that is providing funding for a particular child
reimburses for Gold Seal rates. The term "Gold Seal" and "Gold Seal Quality Care program"
shall have the meaning as set forth in 65C-20.014, F.A.C., as the same may be amended
from time to time. Gold Seal rates will not be retroactive. Proper documentation includes a
current Gold Seal certificate from the State of Florida and a current accreditation certificate
from an accrediting body recognized by the State of Florida. In no event will a Provider with a
Gold Seal certification be reimbursed at a rate that exceeds the lower of the maximum Gold
Seal rate as designated by the Coalition or the Provider's maximum private pay rate (reported
to Child Care Resource and Referral). If the Provider ceases to qualify at any time for
payment of Gold Seal rates, the Provider will be reimbursed at the non-Gold Seal rates which
shall not exceed the maximum rates for non-Gold Seal providers as designated by the
Coalition or the Provider's private pay rate (maintained by the Florida's Child Care Resource
and Referral Network.
c. Funding Source: Reimbursement to the Provider will not be made for SR program recipients
being paid for through a funding source other than the sources of funding under this Service
Agreement.
Family Central, Inc. • 840 SW 81si Avenue • North Lauderdale, FL 33068-2001
d. Withholding: Payment for reimbursements for SR program services will be withheld when
the Provider:
(1) Fails to submit child development screenings consistent with Coalition policies and
procedures, as described in paragraph B(9);
(2) Fails to conduct the required child assessments consistent with Coalition policies and
procedures, as described in paragraph B(10);
(3) Fails to utilize a curriculum and character development program approved by Florida's
Office of Early Learning as described in paragraph B. (14).
Provider's failure to comply with any of the above-enumerated requirements will result in Family
Central withholding Provider reimbursement payments. Notwithstanding the foregoing, failure of
Provider to comply as stated herein will constitute a default hereunder and Family Central shall have
the right to terminate this Service Agreement for non-compliance as stated herein.
6. Termination of Service to Client. If a child ceases to be eligible for financial assistance for SR
funds or other funds associated with the Service Agreement, Family Central will notify the
Provider in writing of the child's termination date. The Provider shall not be entitled to
reimbursement beyond the termination date as indicated on the child care authorization or the
date, on which the Provider is notified in writing of a change in the child's termination date.
7. Holidays. Provider shall be reimbursed up to 12 recognized holidays (days that you designate as
appropriate holidays for the population you serve) per fiscal year (July 1 - June 30) as detailed by
the
Dates
11/27/2014
(not
holiday
• 11/28/2014
;
names)
12/25/2014
listed
; 01/01/2015
here:
07/14/2014
; 01/19/2015
;
09/01/2014
; 04/03/2015
:
U/HQQH
; 05/25/2015
;
11/26/20 H
; 06/05/2015
:
;TheSe
dates may not be changed during the fiscal year.
8. Reimbursement for Absences.
a. If the parents are enrolled in an educational program and the educational program is officially
closed for teacher workdays or during winter and spring breaks, the Provider will not be
reimbursed if children are brought to the child care program on the days that the parents'
educational program is closed.
b. Reimbursement shall be authorized for no more than three (3) absences per calendar month
per child, for children identified by Family Central in the child care authorization and monthly
attendance documents, as funded by Broward County (billing code 'HCMP3') and DCF
Refugee Entrant (billing code 'ENT/R').
c. Reimbursement shall be authorized for no more than three (3) absences per calendar month
per child for all Coalition Funded children, except in the event of extraordinary circumstances
in which case the Coalition or its designee shall provide written approval for payment based
on written documentation provided by the parent justifying the excessive absence for up to an
additional seven (7) days.
d.
Examples of extraordinary circumstances include the following:
(1) Hospitalization of the child or parent with appropriate documentation;
(2) Illness requiring home-stay as documented;
(3) Death in the immediate family with appropriate documentation (i.e. obituary, death
certificate);
(4) Court ordered visitation with appropriate documentation (i.e. court order); or
(5) Unforeseen documented military deployment or exercise of the parent(s)
e. Total monthly reimbursed absences shall not exceed ten (10) calendar days.
f.
Reimbursement will not be made for each day entered on the attendance log as "N" or not
reimbursable.
Broward Service AgreementFY 13-14
g.
If the Provider determines that a parent does not intend to return a child to the SR program,
then the child must be terminated from the SR program, and future days are nonreimbursable. These non-reimbursable days must be coded as "T" on attendance sheets.
h. If a child is absent for five (5) consecutive days and the parent does not contact the
Provider, the Provider shall notify Family Central and Family Central shall determine whether
continued care is needed.
i. When a child of any age, referred for protective services for the SR program, has an
unexcused absence or seven (7) consecutive days of excused absences, the School
Readiness Provider shall notify ChildNet's hotline at (954) 414-6000 X 3887 by noon on the
day of the child's first unexcused absence or the day of the child's seventh (7tFl) consecutive
excused absence. The Rilya Wilson Act, as the same is amended from time to time,
establishes these reporting requirements for children 3 to 5 years old. This reporting
requirement shall apply to all children of any age referred for protective services in a SR
program.
Summary of Enrollment/Attendance Codes
The Provider agrees to utilize the following codes in order to assist Family Central in identifying
enrollment and attendance information as it pertains to child's participation in the SR program:
E - Excused Absence
X - Enrolled / Present (a day a child is present)
A - Authorized Absence beyond 3 days (excused absence beyond three (3) days, which
has been approved by the Agency)
H - Reimbursable Holiday
T - Terminated (day child is disenrolled)
N - Enrolled, not reimbursable.
H. Miscellaneous.
1. Transferability and Assignment: This Service Agreement is not transferrable or assignable to
another entity, corporation, or owner without the written approval of Family Central and the
Coalition. A change in corporate ownership, receivership, or bankruptcy shall be deemed a
transfer for purposes of this Service Agreement. This Service Agreement is binding the Provider,
its successors, assigns, agents, parent company or entity, and legal representatives of Provider
and of any legal entity that succeeds to the obligations of, the Coalition. This Service Agreement
shall be deemed terminated within twenty-four (24) hours of any unauthorized transfer or
assignment by the Provider as set forth herein. This Service Agreement is transferrable or
assignable to another entity, corporation, or owner by Family Central without the written approval
of the Provider, so long as Family Central has obtained the written approval of the Coalition prior
to said transfer or assignment.
2.
Modification/Amendments/Renegotiation: Any modifications and amendments to this Service
Agreement shall be valid only when they have been reduced to writing and duly signed by
authorized representatives of both parties to the Service Agreement. In addition to changes
necessitated by law, Family Central may at any time, with written notice to the Provider, request
changes within the general scope of this Service Agreement. Such changes may include
modification to the requirements, changes to processing procedures, or other changes as
decided by Family Central and authorized by the Coalition. Any investigation necessary to
determine the impact of the change shall be the responsibility of the Provider. The parties agree
to renegotiate this Service Agreement if any changes in applicable federal, state and/or local laws
make such revisions of the Service Agreement necessary. The Provider acknowledges that it has
agreed to comply will all applicable federal, state and local law, as those law may be amended
from time to time, as set forth in Section A(4) of this Service Agreement. If the Provider decides
not to finalize an amendment with Family Central as stated herein, both parties will have right to
terminate this Service Agreement as set forth in Section D of this Service Agreement.
3. Provider Information:
The name and mailing address of the official payee for the Provider to whom Family Central
shall make payment:
Program Contact:
Program Name:
Program Address:
Bridgette Pierce
Wilton Manors After School Program B.A.S.H
2401 NE3 Avenue
Wilton Manors, Florida 33305
Telephone Number: (954) 390-2116
bpierce@wiltoninanors.com
Email address:
The name of the contact person and street address for the Provider where financial and
administrative records are maintained:
Bridgette Pierce
Program Contact:
Program Name:
2020 Wilton Drive
Program Address:
Telephone Number: (954)390-2116
bpieice@wiltonmanors.com
Email address:
The services purchased by this Service Agreement will be provided by the Provider at the
following location(s):
Family Central, Inc.
-16840 SW 81 st Avenue
North Lauderdale, FL 33068-2001
In the event that different representatives are designated by any party as it pertains to Section F
(3) after the execution of this Service Agreement, that party shall provide notice of the name,
address, zip code and telephone number of the newest representative in writing to all other
parties and said a copy of said notification shall be attached to this Service Agreement.
4. Notice:
The name and mailing address of the contact person for the Provider for all matters not
addressed in Section F (3) of this Service Agreement is as follows:
Contact:
Bridgette Pierce
Title:
Program and Facility Supervisor
Address:
2020 Wilton Drive
Telephone Number: (954)390-2116
Email addreSS'
bpierce@wiltonmanors.com
The name and mailing address of the contact person for Family Central for all matters not
addressed in Section F (3) of this Service Agreement is as follow:
Contact:
Name:
Address:
Telephone Number:
Email address:
Service Agreement Team
-Mercedes Velez, Manager
840 SW 81st Avenue
North Lauderdale, FL 33068
954-724-6980
mvelez(«)familycentral.org
In the event that different representatives are designated by any party to the Service Agreement
after the execution of this Service Agreement, that party shall provide timely notice of the name,
address, zip code and telephone number of the newest representative in writing to all other
parties and a copy of said notification shall be attached to the Service Agreement. Unless
otherwise specified by the parties and except as provided in this Service Agreement, invoices,
reports, correspondences, notices, records, and any other documents concerning or related to
the Service Agreement shall be submitted to the persons identified above.
5. Standard Provisions.
a. Inurnment. This Service Agreement shall be binding upon and Inure to the benefit of the
Parties hereto and their respective successors and assigns. Nothing contained in this Service
Agreement, express or implied, is the intended to confer upon any other person or entity any
benefits, rights or remedies.
b. Waiver. No waiver by any Party of one or more defaults by any other Party in the performance
of any provisions of this Service Agreement shall operate or be construed as a waiver of any
future default or defaults, whether of a like or a different character.
c. Headings. The headings in this Service Agreement are inserted for convenience or reference
only and shall not affect the meaning or construction hereof.
d. Entire Agreement. This Service Agreement represents the entire understanding between the
Parties relative to the matters addressed herein. There are no restrictions, promises,
warranties or undertakings other than those set forth or referred to herein.
e. Governing Law and Venue. This Service Agreement shall be governed by and construed and
enforced in accordance with the laws of the State of Florida, without regard to principles of
Family Central, Inc.
-17840 SW 81S| Avenue • North Lauderdale, FL 33068-2001
conflict of laws. Venue for purposes of any action, claim, or proceeding brought to enforce or
construe this Service Agreement shall be in Broward County, Florida.
By signing below I agree that I have read, understand and am in agreement with the information
provided in this Service Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Service Agreement to be executed by
their officials thereunto duly authorized. The undersigned represents and warrants that he/she has full
and complete authority to execute the Service Agreement on behalf of Provider wiiton Manors After school B.A.S.H.
PROVIDER:
FAMILY CENTRAL, INC.
Corporate Name:
Signature:
City of Wilton Manors
Name:
Barbara A. Weinstein, Ed. D.
Title:
President/Chief Executive Officer
Provider Name:
D/b/a
Date:
Federal I.D. or SS#:
59-6002386
Provider Address:
2401 NE 3 Avenue Wilton Manors, Florida 33305
Mailing Address:
2020 Willoil Drive Wilton Manors, Florida 33305
Signature:
Name: Gary Resnick
(Please print)
Title:
Ma
y°r
Date:
-18Family Central, Inc. • 840 SW 81 st Avenue • North Lauderdale, FL 33068-2001
Broward Service Agreement FY 13-14
Exhibit 1
Required Documentation
PROVIDER must mark the appropriate box in each section or subsection below.
PROVIDER
has multiple public schools or private provider sites, PROVIDER
In addition, if
must mark the
documentation with the corresponding Location information.
1.
Insurance Documentation for Liability and/or Transportation.
0PROVIDER submitted copy of insurance certificate.
IZlPROVIDER does transport children enrolled in the SR program and has obtained appropriate
insurance related to transportation of children as described above. A copy of the insurance
certificate showing that PROVIDER has obtained the appropriate insurance related to
transportation of children has been provided to COALITION with this Service Agreement.
• PROVIDER does not transport children enrolled in the SR program and is not required to
obtain coverage related to transportation of children.
2.
Private Child Care Rates.
0PROVIDER has provided a copy of its private child care rates and documentation related to its
Gold Seal status, if applicable, to COALITION with this Contract.
0PROVIDER has provided a copy of any additional fees that will be charged to parents,
including but not limited to field trip fees, registration fees, and/or uniform fees.
3. Holiday Schedule.
0PROVIDER has provided a copy of its proposed holiday schedule to COALITION with this
Contract.
PROVIDER understands that this holiday schedule may not be approved by
COALITION and agrees to comply with the holiday schedule approved by COALITION in
accordance with section on Method of Payment #7, page 14 of this Contract.
4.
Documentation of Eligible Child Care Provider.
Private SR Providers
0PROVIDER
has provided a copy of its Certificate of Licensure that includes a DCF
identification number.
• PROVIDER has provided a copy of its Letter of Confirmation that includes a DCF exemption
number.
• PROVIDER has provided a copy of its certificate of accreditation.
•PROVIDER certifies that it is not regulated by DCF and therefore does not require
documentation from DCF.
Public School, Private School, and Charter School SR Providers.
•PROVIDER is a public school and has provided a copy of documentation showing its school
district and public school number.
• PROVIDER is a private school and has provided a copy of its Certificate of Licensure that
includes a DCF identification number or a Letter of Confirmation that includes a DCF
exemption number.
•PROVIDER is a charter school and has provided a copy of its charter that includes the ages of
children to be served as a service population and documentation showing its school district
and school number.
5. Specialized Program Type.
• PROVIDER offers the Head Start Program
• PROVIDER does not offer the Head Start Program
6. Employer Identification Number (EIN) or Social Security Number (SSN).
0PROVIDER has given COALITION its EIN or SSN.
PROVIDER'S employer identification
number (EIN) or social security number (SSN) is requested in accordance with ss. 119.071(5)
(a) 2. and 119.092, F.S., for use in the records and data systems of Florida's Office of Early
Learning and COALITION.
Submission of PROVIDER'S EIN or SSN is mandatory.
PROVIDER'S EIN or SSN will be used for processing payments to PROVIDER as an SR
provider, for reporting those payments for federal tax purposes, and for routine identification.
Broward Service Agreement FY 13-14
familyeenlrali rife
SCHOOL READINESS SERVICE AGREEMENT FY 2014-2015
SECTION 1 - PROVIDER DATA SHEET
PROVIDER TYPE:
^Center
| |Family Child Care
]Large Family Child Care
[7] After School Program
(Check all that apply
[7J Licensed
I I Exempt
JFaith Based
| llnformal Provider
Expires: _
•
Gold Seal / Accredited by
|
| Existing Child Care Executive Partnership (CCEP) Participant
Name of Provider: City of Wilton Manors "BASH"
. 2401 N E 3rd Avenue
Wilton Manors
Zio: 33305
Citv- Wilton Manors
Zip: 33305
Cj(y.
Provider Site Address:
. 2020 Wilton Drive
Mailing Address:
Jlandline) Fax Number: (954) 390-21 17
Telephone Number: ( 9 5 4 ) 3 9 0 - 2 1 1 6
59-6002386
Alternative Number: ( 9 5 4 ) 3 9 0 - 2 1 3 0
EINorSS#:
Owner's Name: City of Wilton Manors
Director's Name: Bridgette Pierce
Corporation: City Government
Email- bpierce@wiltonmanors.com
SECTION 2 - WEEKLY RATES
of
Care
Part-Time
Weekly Rate
Full-Time
Full-Time
Weekly JJals^MH.Sibling Rate
Categories
Part-Time
Sibling Rate
Part Time: Less than 6 hours Per Day
Full Time: 6 to 11 hours Per Day
0 to < 12 Months
Toddler
12 to < 24 Months
Two Year Old
24 to < 36 Months
Preschool 3
36 to < 48 Months
Preschool 4
48 to < 60 Months
$ 100.00
$ 100.00
$ 42.00
$ 32.00
Preschool S
60 to < 72 Months
(Not in School)
$ 100.00
$ 100.00
$ 42.00
$ 32.00
$ 100.00
$ 100.00
$ 42.00
$ 32.00
School Age .
Please Note: The above rates must match the rates on your public rate sheet.
Ages Served:
From (minimum age) 4
Hours of Operation: Open From:.2:30
Days of Operation: (Check appropriate box)
[Zl Monday-Friday
(5 Days per Week)
• Monday - Saturday (6 Days per Week)
• Monday-Sunday (7 Days per Week)
To (maximum age)
AM
14
To: .6:30
PM
• Night Care
• 24 Hour Child Care
Q Drop In
ier
Full Time7:30am-6:00pm
Signature:.
Title: Program & Facility Supe
Print Name: Bridgette Pierce
Date:.02/25/2014
familymitrillS (fcfc
8ERVK«*»=B»irFY201«015
JUumpnf li>™ for a lifolimn f:;*V ' •. 7-.',
FORM I - SCHOOL READINESS SIGNATURE AUTHORIZATION FORM
,_, ..
CityJ of Wilton Manors "BASH"
Name of Provider:
It must be indicated on this form who has authorization to sign contractual and financial documents on behalf
of the child care center. This form must be signed by the owner, or chief executive, or corporate officer,
granting permission to the director of the program to execute the service agreement contract.
Title: EH Owner
0 Board of Director Member
Full Name: G a r y R e s n i c k
Mayor
If Board Member, please indicate title/role:
/
Date:
Signature:,
I authorize the individual(s) below to sign all School Readiness documents for the child care
center listed on this application:
PI .t.ASl : NOT! •!: You must submit a photocopy of identification for all persons listed on the School Readiness
Signature Authorization Form.
-|-j t | e . Program & Facility
1. Full Name: Bridgette Pierce
Signature'
2
^OLSUQL^
FdoUxOSUA^D j & 0 / 4
-i-jiip. Recreation Leader TT
2. Full Name: Anida Floyd
Date:
Signature:
Please select type of business: • Privately Owned
D a te :
0Not-for-profit
[]Faith based
Please indicate any and all other child care centers that you (the individual filling out this form) are
affiliated with in South Florida. List the center name and your affiliation:
1
City of Wilton Manors "BASH"
2,
Wilton Manors Afterschool BASH
4.
SuperU&rL
....
CERTIFICATE OF
Admbllsbdal
CeotillrMIIIIIIIda'
FAMILY CENlRAI./1liE EARLY LEARNING
COALITION OF BROWARD COUNTY
840 SW 815T AVENUE
NORTH lAUDERDALE, FL 33068
Issue Date 11/6/13
Florida League ot CitieS, Inc.
Department ot lnsurana! and Financial 5ervlces
P.O.IIOx 530065
Ortando, Florida 32853-oo&s
~ I
~
1liiS ISTOCEJmfYllMTTIE ~ IIEl.OW HAS IIEBIISSIIED TO TIE DE!iiGIIATED MEMBER FOR TIE CO\IeiAGf P(IU(X)INOICATED. HOTWITHSTMOING fWf II£QUIREMEliT,
TEliM OR aJNDIT1(JII OF AllY <XllllRIICI' OR onER DOCl.MENT Wil11 RESPEcr lO W1t101 nilS CERTlFICAT£ HAY II£ ISSUED OR MI.Y PERTAIN, TIE alYERAGE AFfOROfO 8Y TIE
AGIIEEJieiT llESCRI8ED HEREIN IS SUBIECT TO AU. TIE l£RMS, EliO..USIONS AND CDNDmONS OF SU01 AGREEMENT
<DIIERAGE PROVIDED BY:
AGREEMENT IIUMIIEII:
FLOIUDA MUNIDPAL INSURANCE TRUST
FMITD6431
CO¥IIWil PERIOD:
. . . . . u.lllllty
~ Genelall.lilblly,llodlly Jnjlry, Property Danage.
Personal lnjlry ..t AcMrtlsilg Injury
lXI
lXI
lXI
lXI
lXI
lXI
lXI
011111111.....
08aslcFonn
llelellts Proi7Jm AdmlniRJIIbti.Jabllty
Broad Farm Property Damage
Law &ofon:enett Lilbllty
a Collapse Haran!
1.1m1t1 or 1.111111ty
~Single
Uml
Dlldudllle N/A
•u
D
0
0
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inlatld Marne
Electnlnlc Data ProcesPig
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OIIISieFonn
Mellk3l Alll!ndarU'/MdCIII:h:lln' Ma~ Uabilty
•
TO 10/1/14 12:01 AM STANDARD l1ME
OSpeclaiFonn
~ Praclla5 t.Jablay
~ EJPgs~gn
COVEIUGI PIIUOD:
0 ....... PnlpcrtJ
Errors - ' Onisslan5 Lllbllty
~
I
TYPE OF COVERAGE • PROPtkl'f
1YPI! Of COVERA5E - UAIIIUtY
lXI
FROM 10/1/13
0
0
0
0
0
0
0
0
Spedal Farm
AQieed Amount
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Colnslnna! N/ A
Blriet
SjJedtlc
~Cost
Attual Cash Valu@
Ullllls or U.lllllr • FIB w1111 Adnlblllbdal
UJIJallllly
All owned AulDs (P!Mte Passalger)
AJ owned AulDs (Other than l'rlv*
1YP1! OF COVEJIAGI - WORDIIS' COMPINSATION
P~)
Hlled Autos
0
0
Sbotlaory Workers' eon.., 6iltioli
~l.labHity
Non-owned AulDs
$1.000,000 e.och Acddent
$1,000.000 By Disease
$1,1100,000 Aggn!gale 8y Disease
1.1m1t1 or Lllllllly
0
0
Deducttie
N/A
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AIIIDlllallllitlll~- Dedudllllll
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• The lkrit ~ llablllty IS $200.000 Bodily Injury rnd/a Property Dilmage per person a $300,000 Badly Injury and/a Property llilmage per o:cunence.
These spedlic limlls ~ lliibllltY in n:reased ID $1,000,000 for Generall..lilbllity (~ single lillit) per octUrl'eiiC2, solely li:ir any lability I1!SUblg from
entry ~ e dDms bBI JU$UIIIt ID Secllon 768.28 (5) FIDrtda Sl3lutes a llilbillty/Sf!ttlement li:ir which no dDms bil has bee'l filed a lability ift1I05ed
IUSiill1t to F«<erlll ~.a¥ or IICilDns IUsldl! the Slllte ~ Florldil.
Deiulplluw orOpentiaM/~/VtihldB/__... n.a.
RE: Olldcare
AlTaTIE~::;:~~"Jtr~.CllllY AIIOCDNF£RSIIO RIQiTS IFON TIE CERllFJCAT£
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DPIRAT!OH 01.'1£ T1ERf()f, THE J5SUJIIG COMIWn' WIU. END£/o'lllll 'TO 1Wi. 45 OI.YS
WRtT1fN IIOTlCE 'TO TIE CERTifiCATE HOI.DBI NAMED ABOYE, liiJT FAII.IJRE 'TO HAlt
City ot Wdtoo Manors
2020 Wilton Drive
SU01 NOTlCii SHoiU IMI'OSE NO OBLIGATION OR liABII.ITY OF AIIV KINl ....all THE
i'ltCIGRAM, ITS AGEHTS OR RfPRESENTAT!VES.
Wilton Manors R. 33305
CC'.
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• nilS CERTlflCATE DOES IIOT .v!END, EXTV10 OR
.•·.
From: Randy Welker, Interim Community Development Services Director
(a) Subject: Resolution 2014 – 0012
A Resolution Executing an Interlocal Agreement with Broward
County for Go SOLAR Building Permit-Related Services
(b) City Manager Recommendation: Approval
(c) Report in Brief: Resolution No. 2014 - 0012 is a resolution approving the terms
and conditions of the Interlocal Agreement with Broward County for Go Solar.
(d) Discussion: The City of Wilton Manors and Broward County agree to work together
under a U.S. Department of Energy (“DOE”) Rooftop Solar Challenge Agreement
Number DE-EEooo5701 (“Go SOLAR – Broward Rooftop Solar Challenge”). Go
Solar is a part of a DOE initiative to make solar energy cost-competitive by assisting
in the reduction of the installation costs of solar energy systems.
The goal of the initiative is help streamline permitting processes, making available
best management practices for zoning codes, connecting solar power to the electric
grid, and increasing access to financing. Go SOLAR is in intended to clear a path
for rapid expansion of solar energy.
By creating a web based permitting solution for rooftop photovoltaic (PV)
installations, applicants can apply online for a permit to install a PV system and be
issued a permit application with pre-approved design plans. The Interlocal
Agreement outlines the specific details that will be undertaken by both Broward
County and the City of Wilton Manors.
(e) Strategic Plan Consistency: Goal 1: Sustainable Urban Village, Objective 3:
Livable Neighborhoods Integrating Commercial and Residential. Goal 6: Quality
Services, Valued by our Citizens, Objective 5: Services Provided in the Most CostEffective Manner.
(g) Fiscal Impact: Interlocal Agreement outlines fiscal details.
(i) Attachments: Interlocal Agreement for Go Solar
MEMORANDUM
TO:
FROM:
DATE:
February 14, 2014
SUBJECT:
Wilton Manors “City of”/General Matters – Resolution No. 2014-0012, A
Resolution Executing an Interlocal Agreement with Broward County for Go
SOLAR Building Permit-Related Services
Agenda, please find Resolution No. 2014-0012, A Resolution Executing an Interlocal Agreement
with Broward County for Go SOLAR Building Permit-Related Services.
KLE:rc
Enclosure
H:\_GOV CLIENTS\WM 2976\_920129 GM\MEMO.14\RESO 2014\2014-0012 (2.25.14 mtg).doc
RESOLUTION NO. 2014-0012
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10
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MANORS TO EXECUTE AN INTERLOCAL AGREEMENT WITH
BROWARD COUNTY FOR GO SOLAR BUILDING PERMITRELATED SERVICES TO BE PERFORMED BY THE BROWARD
COUNTY PERMITTING, LICENSING AND CONSUMER
PROTECTION
DIVISION
OF
THE
ENVIRONMENTAL
PROTECTION AND GROWTH MANAGEMENT DEPARTMENT;
PROVIDING
FOR
CONFLICTS;
PROVIDING
FOR
16
to enter into an Interlocal Agreement for Go SOLAR Building Permit-Related Services to be
17
performed by the Broward County Permitting Licensing and Consumer Protection Division
18
of the Environmental Protection and Growth Management Department.
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21
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WHEREAS, the City Commission of the City of Wilton Manors deems it beneficial
Section 1.
The “WHEREAS” clause set forth above is true and correct and
incorporated herein by this reference.
23
Section 2. The City Commission of the City of Wilton Manors hereby approves the
24
terms and conditions of the Interlocal Agreement with Broward County for Go SOLAR, a
25
copy of said Agreement being attached hereto.
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Section 3. The proper City Officials of the City of Wilton Manors are hereby
authorized and directed to execute said Interlocal Agreement.
Section 4. All resolutions or parts of resolutions in conflict herewith, be and the
Page 1 of 2
1
Section 5. If any Section, sentence, clause or phrase of this Resolution is held to be
2
invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in
3
no way affect the validity of the remaining portions of this Resolution.
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Section 6. This Resolution shall become effective immediately upon its passage and
adoption.
By:________________________________
GARY RESNICK, MAYOR
ATTEST:
____________________________
KATHRYN SIMS
CITY CLERK
MAYOR RESNICK
VICE MAYOR CARSON
COMMISSIONER GREEN
COMMISSIONER NEWTON
_____
_____
_____
_____
_____
______________________________
KERRY L. EZROL
CITY ATTORNEY
H:\_GOV CLIENTS\WM 2976\_920129 GM\RESO.14\2014-0012 (INTERLOCAL AGREEMENT (ILA) GO SOLAR MODEL
ZONING (2.25.14 mtg.doc
Page 2 of 2
Return recorded document to:
Jeffery Halsey, Director
Pollution Prevention, Remediation and
Air Quality Division
1 North University Drive
Plantation, FL 33324
Document prepared by:
Maite Azcoitia, Deputy County Attorney
Broward County Attorney’s Office
Governmental Center, Room 423
115 South Andrews Avenue
Fort Lauderdale, FL 33301
INTERLOCAL AGREEMENT FOR Go SOLAR
BUILDING PERMIT-RELATED SERVICES TO BE PERFORMED BY THE BROWARD
COUNTY PERMITTING, LICENSING AND CONSUMER PROTECTION DIVISION OF
THE
ENVIRONMENTAL PROTECTION AND GROWTH MANAGEMENT DEPARTMENT
This is an Interlocal Agreement, made and entered into by and between:
BROWARD COUNTY, a political subdivision of the State of Florida, hereinafter referred
to as "COUNTY,"
AND
WILTON MANORS, a municipal corporation existing under the laws of the state
of Florida, hereinafter referred to as "CITY/TOWN."
WHEREAS, this Agreement is entered into pursuant to Section 163.01, Florida
Statutes, as amended, also known as the "Florida Interlocal Cooperation Act of 1969";
and
WHEREAS, the COUNTY and CITY/TOWN have agreed to work together under
a U.S. Department of Energy ("DOE") Rooftop Solar Challenge Agreement Number
DE-EE0005701 ("Go SOLAR- Broward Rooftop Solar Challenge"); and
WHEREAS, Go SOLAR is part of a DOE initiative, which strives to make solar
energy cost-competitive with other forms of energy by the end of the decade; and
WHEREAS, the goal of reducing the installation costs of solar energy systems is
to contribute toward the widespread, large-scale adoption of this renewable energy
technology and restore the U.S. leadership in the global clean energy race; and
WHEREAS, DOE's Rooftop Solar Challenge serves as an incentive for
twenty-two (22) regional awardees to make it easier for Americans to implement solar
energy systems; and
WHEREAS, by streamlining permitting processes, making available best
management practices for zoning codes, connecting solar power to the electric grid, and
1
increasing access to financing, COUNTY, CITY/TOWN, and other municipalities who
are participating in Go SOLAR will clear a path for rapid expansion of solar energy and
serve as models for other communities in the state of Florida and across the nation; and
WHEREAS, one primary goal of Go SOLAR is to create a web based permitting
solution for rooftop photovoltaic (PV) installations, whereby applicants can apply online
for a permit to install a PV system and immediately be issued a permit application,
complete with pre-approved design plans; and
WHEREAS, COUNTY maintains an Environmental Protection and Growth
Management Department which includes a Permitting, Licensing, and Consumer
Protection Division ("PLCPD") that conducts building plan review, permit inspections,
code enforcement, and other building permit-related services; and
WHEREAS, COUNTY has agreed to accept the online applications, an agreed
upon permit fee, and disseminate the application and permit fee to the applicable
municipality; and
WHEREAS, CITY/TOWN agrees, at no additional cost to CITY/TOWN, to
transfer to COUNTY the authority to receive applications for rooftop PV installations
within municipal boundaries, to issue permits for those rooftop PV installations that
utilize pre-approved design plans under the CITY/TOWN permit brand, and distribute to
CITY/TOWN an agreed upon fee for those rooftop PV installations within CITY/TOWN
municipal limits for which COUNTY issues permits; and
WHEREAS, the COUNTY, through PLCPD, is willing to perform such services
pursuant to the terms and conditions hereafter set forth; NOW, THEREFORE,
IN CONSIDERATION of the mutual terms, conditions, promises, covenants, and
payments hereinafter set forth, COUNTY and CITY/TOWN agree as follows:
ARTICLE 1 - SCOPE OF SERVICES
1.1
Permits. CITY/TOWN agrees to transfer to COUNTY, and COUNTY agrees to
accept, the authority to receive web based applications for rooftop PV installations that
utilize the Go SOLAR permitting process and issue permits for said installations.
Applicants for permits submitting a web based application shall provide COUNTY with
Five Hundred Fifty-two and 00/100 Dollars ($552.00) via credit card payment. This fee
consists of the following:
$500.00
$24.00
$ 7.50
$ 7.50
$13.00
Basic Permit Fee
Board of Rules and Appeals Surcharge
Section 553.721, Florida Statutes, Surcharge
Credit Card Convenience Fee
2
1.2
Inspections and re-inspections. CITY/TOWN retains the authority to conduct
inspections and re-inspections of rooftop PV installations which were permitted under
the Go SOLAR permitting process. Re-inspections of installations for which permits
were issued pursuant the Go SOLAR permitting process shall be scheduled through the
web based permitting system. Permit applicants shall provide County with Fifty-two and
00/100 Dollars ($52.00) per re-inspection via credit card payment. This fee consists of
the following:
$50.00
$2.00
Re-inspection Fee
Credit Card Convenience Fee
1.3
Fee Collection and Distribution: Beginning no later than the 15th of the second
month after the web based permitting system is active, and no later than the 15th of
each month thereafter during the term of this Agreement, COUNTY shall distribute the
amount of Five Hundred Thirty-nine and 00/100 Dollars ($539.00) to CITY/TOWN for
each permit issued for a rooftop PV installation within municipal boundaries during the
preceding month and Fifty and 00/100 Dollars ($50.00) for each re-inspection of a
rooftop PV installation scheduled during the preceding month, together with
documentation indicating the number of permits issued or re-inspections scheduled in
the preceding month for rooftop PV installations, the addresses for which the permits
were issued and/or re-inspections scheduled, and the permit number for each rooftop
PV installation permit issued or re-inspection scheduled within municipal limits. If no
permits were issued or re-inspections scheduled for rooftop PV installations during the
preceding month, COUNTY shall provide CITY/TOWN with documentation indicating
same. The $539.00 per permit and $50.00 per re-inspection provided to CITY/TOWN
consists of the following:
$500.00
$24.00
$ 7.50
$ 7.50
$50.00
Basic Permit Fee
Board of Rules and Appeals Surcharge
Re-inspection Fee
1.4
Zoning. CITY/TOWN agrees to modify and/or amend its zoning regulations so
that web based applications for rooftop PV installations that utilize the Go SOLAR
permitting process shall be consistent with the CITY/TOWN zoning regulations and shall
not be subject to zoning review, inspection(s), or additional fees.
1.5
COUNTY shall perform the above Services through its PLCPD, or any successor
division as may be designated by the County Administrator.
ARTICLE 2 - FUNCTIONS AND DUTIES NOT TRANSFERRED TO THE COUNTY
It is specifically understood and agreed that all rights and powers unrelated to the
issuance of permits for the installation of rooftop PV systems as may be vested in the
3
CITY/TOWN pursuant to Chapter 166, Florida Statutes, as amended, or any other law
or ordinance or Charter provision not specifically addressed by this Agreement, shall be
retained by the TOWN/CITY.
ARTICLE 3 - TERM OF AGREEMENT
3.1
This Agreement shall be deemed to have commenced upon execution by the
COUNTY and shall continue in full force and effect until February 14, 2020.
3.2
This Agreement shall remain in full force and effect through the termination date
unless written notice of termination by the COUNTY or the CITY/TOWN is provided
pursuant to Article 7, NOTICES.
ARTICLE 4 - GOVERNMENTAL IMMUNITY
CITY/TOWN is a municipal corporation existing under the laws of the State of
Florida and COUNTY is a political subdivision of the State of Florida. Each agrees to be
fully responsible for acts and omissions of its agents or employees to the extent
permitted by law. Nothing herein is intended to serve as a waiver of sovereign immunity
by any party to which sovereign immunity may be applicable. Nothing herein shall be
construed as consent by a state agency or political subdivision of the state of Florida to
be sued by third parties in any matter arising out of this Agreement or any other
contract.
ARTICLE 5 - INSURANCE
The COUNTY is self insured in accordance with provisions set forth within
Section 768.28, Florida Statutes, as amended.
ARTICLE 6 - TERMINATION
This Agreement may be terminated by either party upon ninety (90) days written
notice to the other party of such termination pursuant to Section 8, NOTICES, herein.
ARTICLE 7 - NOTICES
Any and all notices given or required under this Agreement shall be in writing and may
be delivered in person or by United States mail, postage prepaid, first class and
certified, return receipt requested, addressed as follows:
TO THE COUNTY:
Director, Broward County Permitting,
Licensing and Consumer Protection Division
1 North University Drive, Bldg. B, #302
Plantation, Florida 33324
4
With copy to:
County Administrator
115 South Andrews Avenue, Suite 409
Fort Lauderdale, Florida 33301
TO CITY/TOWN:
Director of Community Development Services
2020 Wilton Drive
With copy to:
City Manager
2020 Wilton Drive
ARTICLE 8 - MISCELLANEOUS PROVISIONS
8.1
ASSIGNMENT: COUNTY shall perform the selected services provided for in this
Agreement exclusively and solely for the CITY/TOWN which is a party to this
Agreement. Neither party shall have the right to assign this Agreement.
8.2
AMENDMENTS:
Except for the provisions set forth in Section 3.1, no
modifications, amendments, or alterations in the terms or conditions contained herein
shall be effective unless contained in a written document executed with the same
formality and of equal dignity herewith.
8.3
COMPLIANCE WITH LAWS: COUNTY shall comply with all federal, state, local
laws, codes, ordinances, rules, and regulations in performing its duties, responsibilities,
and obligations related to this Agreement.
8.4
WAIVER: The waiver by either party of any failure on the part of the other party
to perform in accordance with any of the terms or conditions of this Agreement shall not
be construed as a waiver of any future or continuing similar or dissimilar failure.
8.5
SEVERABILITY: The invalidity of any provision of this Agreement shall in no
way affect the validity of any other provision.
8.6
ENTIRE AGREEMENT: It is understood and agreed that this Agreement
incorporates and includes all prior negotiations, agreements or understandings
applicable to the matters contained herein and the parties agree that there are no
commitments, agreements, or understandings concerning the subject matter of this
Agreement that are not contained in this document. Accordingly, it is agreed that no
5
deviation from the terms hereof shall be predicated upon any prior representations or
agreements, whether oral or written.
8.7
INDEPENDENT CONTRACTOR: The COUNTY is an independent contractor
under this Agreement. Services provided by the COUNTY pursuant to this Agreement
shall be subject to the supervision of the COUNTY. In providing such Services, neither
the COUNTY nor its agents shall act as officers, employees, or agents of the
CITY/TOWN. This Agreement shall not constitute or make the parties a partnership or
joint venture.
8.8
CHOICE OF LAW; WAIVER OF JURY TRIAL: Any controversies or legal
problems arising out of this transaction and any action involving the enforcement or
interpretation of any rights hereunder shall be submitted to the jurisdiction of the state
courts of the Seventeenth Judicial Circuit of Broward County, Florida, the venue situs,
and shall be governed by the laws of the state of Florida. To encourage prompt and
equitable resolution of any litigation that may arise hereunder, each party hereby waives
any rights it may have to a trial by jury of any such litigation.
8.9
DRAFTING: This Agreement has been negotiated and drafted by all parties
hereto and shall not be more strictly construed against any party because of such
party's preparation of this Agreement.
8.10 INCORPORATION BY REFERENCE:
The truth and accuracy of each
"Whereas" clause set forth above is acknowledged by the parties.
8.11 RECORDING: This Agreement shall be recorded in the Public Records of
Broward County, in accordance with the Florida Interlocal Cooperation Act of 1969.
8.12 MULTIPLE ORIGINALS: Multiple copies of this Agreement may be fully
executed by all parties, each of which shall be deemed to be an original.
[THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK]
6
IN WITNESS WHEREOF, the parties hereto have made and executed this
Interlocal Agreement between the COUNTY and the CITY/TOWN for services to be
performed by the Broward County Permitting, Licensing and Consumer Protection
Division of the Environmental Protection and Growth Management Department on the
respective dates under each signature: BROWARD COUNTY through its BOARD OF
COUNTY COMMISSIONERS, signing by and through its Mayor or Vice Mayor,
authorized to execute same by Board action on the _____ day of _________________,
20___, CITY/TOWN, signing by and through its duly authorized representatives.
COUNTY
ATTEST:
BROWARD COUNTY, by and through
its Board of County Commissioners
______________________________
County Administrator and Ex-Officio
Clerk of the Board of County
Commissioners of Broward
County, Florida
By____________________________
, Mayor
Approved as to form by
Office of County Attorney
Joni Armstrong Coffey, County Attorney
for Broward County, Florida
Governmental Center, Suite 423
Telephone: (954) 357-7600
Telecopier: (954) 357-6968
By____________________________
Deputy/Assistant County Attorney
7
Interlocal Agreement for Building Permit-Related Services to be Performed by the
Broward County Permitting, Licensing and Consumer Protection Division of the
Environmental Protection and Growth Management Department
CITY/TOWN
Attest:
By_____________________________
Mayor-Commissioner
__________________________
City/Town Clerk
___day of _____________, 20_____
By_____________________________
City/Town Manager
_____day of ___________, 20_____
APPROVED AS TO FORM:
________________________________
City/Town Attorney
H:\_GOV CLIENTS\WM 2976\_920129 GM\AGMT 2014\Go SOLAR Interlocal Agreement.doc
8
Prepared by: Same
(a) Subject: Resolution No. 2014-0013, Authorizing the City to execute a contract
agreement with MBR Construction, Inc. for the construction of a new amenities at
Richardson Historic Park and Nature Preserve.
(b) City Manager Recommendation: Recommend approval.
(c) Report In Brief: Approval of Resolution No. 2014-0013 authorizes the execution of a
contract with MBR Construction, Inc. in the amount of $74,000 for the construction of
a new courtyard and linkage to the existing courtyard and large pavilion, and planting
native drought tolerant plants at Richardson Historic Park and Nature Preserve.
(d) Discussion: The City was awarded $74,000 under the Broward County Land
Stewardship Program “Parks For People” grant program for the construction of
additional recreational amenities at Richardson Historic Park and Nature Preserve
identified in the Park Site Master Plan. This grant will be used to expand the
courtyard, construct a new elevated nature trail connecting to the existing courtyard
and large pavilion and planting native drought tolerant plants in designated areas.
Staff recommends piggybacking off of an existing contract between Broward County
and MBR Construction, Inc.
(e) Strategic Plan Consistency: The construction of additional recreational amenities
at Richardson Historic Park and Nature Preserve supports Goal 2, Financially Sound
City Government, Objective 5, Increase Non-property Tax Revenue and Outside
Resources and Goal 6, Quality City Services Valued by our Citizens, Objective 4,
Well Maintained City Facilities and Infrastructure, and Objective 5, Services Provided
in the Most Cost-Effective Manner.
(f) Concurrences: Finance Director
(g) Fiscal Impact: Grant funds in the amount of $74,000, no City match required.
(h) Alternatives: None recommended
(i) Attachments: Resolution No. 2014-0013, Broward County Contract, and Agreement.
MEMORANDUM
TO:
FROM:
DATE:
February 17, 2014
SUBJECT:
Wilton Manors “City of”/General Matters – Resolution No. 2014-0013,
Approving and Authorizing the Proper City Officials of the City of Wilton
Manors to Execute an Agreement with MBR Construction, Inc. for the
Richardson Historic Park and Nature Preserve Nature Trail
Agenda, please find Resolution No. 2014-0013, Approving and Authorizing the Proper City
Officials of the City of Wilton Manors to Execute an Agreement with MBR Construction, Inc. for
the Richardson Historic Park and Nature Preserve Nature Trail.
KLE:rc
Enclosure
H:\_GOV CLIENTS\WM 2976\_920129 GM\MEMO.14\RESO 2014\2014-0013 (2 25 14 mtg).doc
1
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MANORS TO EXECUTE AN AGREEMENT WITH MBR
CONSTRUCTION FOR THE RICHARDSON HISTORIC PARK AND
NATURE PRESERVE NATURE TRAIL; PROVIDING FOR
10
WHEREAS, the City Commission of the City of Wilton Manors, Florida, deems it to
11
be in the best interests of the residents and citizens of Wilton Manors to enter into an
12
Agreement with MBR Construction, Inc., to construct the Richardson Historic Park and
13
Nature Preserve Nature Trail.
14
15
16
17
18
Section 1.
Section 2.
19
conditions of the Agreement with MBR Construction, Inc., to construct the Richardson
20
Historic Park and Nature Preserve Nature Trail, said Agreement having been submitted for
21
consideration to the City Commission in written form, a copy of which is attached hereto and
22
made a part hereof.
23
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25
Section 3.
Section 5.
26
27
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Section 6.
and adoption.
Page 1 of 2
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By:________________________________
GARY RESNICK, MAYOR
ATTEST:
____________________________
KATHRYN SIMS
CITY CLERK
MAYOR RESNICK
VICE MAYOR CARSON
COMMISSIONER GREEN
COMMISSIONER NEWTON
_____
_____
_____
_____
_____
______________________________
KERRY L. EZROL
CITY ATTORNEY
H:\_GOV CLIENTS\WM 2976\_920129 GM\RESO.14\2014-XXXX Approving Piggyback Agreement with BC and MBR Construction Inc.
(1.17.14) (2-25-14 Mtg).doc
Page 2 of 2
CERTIFICATE OF LIABILITY INSURANCE
MBRCOr~~--~O~P_ID~:~R~P
DATE(MWDDIYYYY)
I
02/19/14
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(Jes) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder In lieu of such endorsement(s).
PRODUCER
954-776·2222
T
Brown & Brown of Florida, Inc.
776 4446
,________________
lfti~ Nol: ·
954
1201 W Cypress Creek Rd # 130
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P.O. Box 5'127
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Ft. Lauderdale, FL 33310·5727
"----·-INSUR~S) AFFORDING COVERA~GE"------ -+-"'NAI""C,_,tlc__--l
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··----+1.::-0_8::..:3:..::3:...__--l
INSURED
MBR Construction, Inc.
INSURER e: Nort~-- River Insurance Company
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~~2~a~:~Ja~!~~~ 33309
~S.IJRER c: Bridgefleld Employers Ins •. ~:..:o=-------+1-=-=0=-=-7-=-01..:....._--l
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INSURERF:
REVISION NUMBER·
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COVERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID ClAIMS.
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DESCRIPTION OF OPERAliONS I LOCATIONS I VEHICLES ~Aitocb ACORD 101, Additional Remarlcs Sthedllla, If mare space Is required)
City· of Wilton Manors Is listed as addltlona Insured as respects to
general liability If required by written contract.
CANCELLATION
CERTIFICATE HOLDER
WILTONC
2020 Wilton Drive
Wilton Manors, FL 33305
I
ACORD 25 (2010/05)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DEUVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
-1Jvl(_
© 19BB-2010ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
MEETING DATE:
February 25, 2014
From:
Prepared by:
Bob Mays, Finance Director
Same
(a) Subject:
Resolution No. 2014-0014
(b) City Manager Recommendation: Recommend Approval
(c) Report In Brief: Authorize the execution of a 3-year agreement with AT&T
ILEC (Incumbent Local Exchange Carrier) for phone services.
(d) Discussion: AT&T has been the traditional provider of phone services for
the City. They currently provide three types of services: Centrex (Central
Exchange Switching), PRI (Primary Rate ISDN), and Local Business Lines. The
current agreement is for the PRI service only. AT&T has been providing PRI
services to the City on a month-to-month basis at rates similar to contracted
rates, but is now requiring a contract with the City to avoid our being charged
tariff rates which are approximately six times higher than contract rates.
This contract has a term of 3 years with rates 9.7% lower than the City currently
pays. This is expected to save the City about $1,250.00 annually
(e) Strategic Plan Consistency: Goal 2 – Financially Sound City Government,
Objective 4 (Cost-Effective Delivery of City Services)
(f) Concurrences: IT Manager
(g) Fiscal Impact: Annual savings of about $1,250.00 across all funds.
(h) Alternatives:
None Recommended
(i) Attachments: Resolution 2014-0014; AT&T ILEC Agreement
MEMORANDUM
TO:
FROM:
DATE:
February 18, 2014
SUBJECT:
Manors to Execute an Agreement with between the City of Wilton Manors and
AT&T ILEC
Officials of the City of Wilton Manors to Execute an Agreement with between the City of Wilton
Manors and AT&T ILEC.
KLE:rc
Enclosure
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MANORS TO EXECUTE AN AGREEMENT BETWEEN THE CITY
OF WILTON MANORS AND AT&T ILEC; PROVIDING FOR
CONFLICTS;
PROVIDING
FOR
SEVERABILITY;
AND
PROVIDING AN EFFECTIVE DATE.
10
11
be in the best interests of the residents and citizens of Wilton Manors to enter into an
12
Agreement between The City of Wilton Manors and AT&T ILEC.
13
14
15
16
17
Section 1.
Section 2.
18
conditions of the Agreement with AT&T ILEC, said Agreement having been submitted for
19
consideration to the City Commission in written form, a copy of which is attached hereto and
20
made a part hereof.
21
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25
Section 3.
Section 4.
Section 5.
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Page 1 of 2
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Section 6.
and adoption.
By:________________________________
GARY RESNICK, MAYOR
ATTEST:
____________________________
KATHRYN SIMS
CITY CLERK
MAYOR RESNICK
VICE MAYOR CARSON
COMMISSIONER GREEN
COMMISSIONER NEWTON
_____
_____
_____
_____
_____
______________________________
KERRY L. EZROL
CITY ATTORNEY
H:\_GOV CLIENTS\WM 2976\_920129 GM\RESO.14\2014-0014 Agreement with AT&T for ILEC Services (2-25-14 MTG).doc
Page 2 of 2
BELLSOUTH® PRIMARY RATE ISDN SERVICE
AT&T ILEC Service Agreement Provided Pursuant To Custom Rates and Terms
AL, FL, GA, KY, LA, MS, NC, SC, TN
Customer
Street Address: 2020 WILTON DR
City: WILTON MANORS State/Province: FL
Zip Code: 33305-2122 Country: USA
Customer Contact (for Notices)
Name: Bob Mays
Title: Finance Director
Street Address: 2020 WILTON DR
City: WILTON MANORS
State/Province: FL
Zip Code: 33305-2122
Country: USA
Telephone: 954-390-2143
Fax:
Email: bmays@wiltonmanors.com
Customer Account Number or Master
Account Number: 954-567-7828
AT&T
AT&T ILEC Service-Providing Affiliate
AT&T Contact (for Notices)
Name: Alpreshia Pressley
Street Address: 675 West Peachtree Street
City: Atlanta State/Province: GA
Zip Code: 30309 Country: USA
Telephone: 4049276546 Fax:
Email: ap6788@att.com
Sales/Branch Manager: Stone
SCVP Name: Harrison
Sales Strata: GEM Sales Region: SE
With a copy (for Notices) to:
AT&T Corp.
One AT&T Way
Bedminster, NJ 07921-0752
ATTN: Master Agreement Support Team
Email: mast@att.com
AT&T Solution Provider or Representative Information (if applicable)
Name:
Company Name:
Agent Street Address:
City:
State:
Zip Code:
Telephone:
Fax:
Email:
Agent Code
This BellSouth® Primary Rate ISDN Service Agreement, (“Service Agreement”) includes the attached Pricing Schedule and General
Terms, for the services identified in Section 1 (“Services”) and incorporates the rates, terms and conditions in applicable Tariffs and/or
Guidebooks identified in Section 1 (collectively with this Service Agreement, the “Agreement”).
Customer requests that its identity be kept confidential and not be publicly disclosed by AT&T or by any regulatory commission, unless
required by law.
The Effective Date of this Service Agreement is the date signed by the last party, unless a later date is required by law or regulation.
Customer (by its authorized representative)
AT&T (by its authorized representative)
By:
Printed or Typed
Name:
By:
Printed or Typed
Name:
Title:
Title:
Date:
Date:
BE_PRI_SDA_24_36_agmt_se
ETF Waiver
AT&T and Customer Confidential Information
Page 1 of 7
SDA ILEC
v.10/0/13
Pricing Schedule and General Terms
1. SERVICE, SERVICE PROVIDER AND SERVICE PUBLICATION
Service
BellSouth® Primary Rate ISDN - Voice/Data Standard Service
Service Provider
(Check one option only)
Service Publication (incorporated by reference)
Service Publication link
AT&T Alabama Service Publications, including General
Exchange Guidebook, Section A42.3
AT&T Florida Service Publications, including General
AT&T Georgia Service Publications, including General
AT&T Kentucky Service Publications, including
General Exchange Guidebook, Section A42.3
AT&T Louisiana Service Publications, including
AT&T Mississippi Service Publications, including
AT&T North Carolina Service Publications, including
AT&T South Carolina Service Publications, including
General Exchange Price List, Section A42.3
AT&T Tennessee Service Publications, including
General Exchange Price List, Section A42.3
http://cpr.att.com/pdf/al/product_line.htm
AT&T Alabama
AT&T Florida
AT&T Georgia
AT&T Kentucky
AT&T Louisiana
AT&T Mississippi
AT&T North Carolina
AT&T South Carolina
AT&T Tennessee
http://cpr.att.com/pdf/fl/product_line.htm
http://cpr.att.com/pdf/ga/product_line.htm
http://cpr.att.com/pdf/ky/product_line.htm
http://cpr.att.com/pdf/la/product_line.htm
http://cpr.att.com/pdf/ms/product_line.htm
http://cpr.att.com/pdf/nc/product_line.htm
http://cpr.att.com/pdf/sc/product_line.htm
http://cpr.att.com/pdf/tn/product_line.htm
2. PRICING SCHEDULE TERM AND EFFECTIVE DATES
Pricing Schedule Term
36 months
Pricing Schedule Term Start Date
When only New Service is included in this Agreement: at Cutover of the first
Service Component
Existing Services are included: on the Effective Date (This applies even when
new Service Components are added.)
Pricing Schedule Term Start Date
Effective Date of the Rates and Discounts
Expiration Date of the Rates and Discounts
Rates Following Expiration or Termination of
Upon termination or expiration of the Pricing Schedule Term
Service Publication monthly rates in effect at time of expiration or termination of
Page 2 of 7
SDA ILEC
v.10/01/13
3. MINIMUM PAYMENT PERIOD
Service Components
Percentage of Monthly Fee Applicable to
Calculation of Early Termination Charges
Minimum Payment Period
per Service Component
All (except DID numbers)
50%
Until end of Pricing Schedule Term
4. CUSTOMER’S CURRENT ORDER
4.1 Order
New install(s) Only (All Service Components under this Pricing Schedule are new installs)
Requested installation date(s)*:
Existing Service Included (Some or all Service Components under this Pricing Schedule already installed)
Existing Circuit ID(s): 80.IPZX.518953 & 80.IPZX.518954
Requested Installation Date(s)* for new Service Components, if applicable:
If applicable, this Pricing Schedule supersedes and replaces in its entirety that certain agreement
dated
,
, entitled
.
*Except as otherwise provided in this Pricing Schedule, requested installation date(s) for all new Service(s) purchased under this
Agreement shall be no later than 90 days after the Effective Date of this Agreement, unless Customer is an E-Rate Applicant for the
Services or AT&T causes delay.
Order:
(Select one)
4.2 Service Components, Quantities and Rates
Service Component (USOC)
Quantity
ISDN PRI Interface(s) (PR71V)
2
Unit Monthly
Recurring
Charge (MRC)
$222.00
Access Line(s) (1LD1E)
2
$110.00
Total Monthly
Recurring Charge
(MRC X Quantity)
$444.00
Non-recurring
Charge
$220.00
$0.00
B-Channels (PR7BV)
46*
$6.00
$276.00
ISDN PRI Calling Name Delivery Feature(s) (“Calling
Name ID”) (PR7CN)
0
$10.00
$0.00
Telephone Numbers (DID Numbers) (PR7TF) (North
Carolina PR7TG)
281
$0.10
$28.10
Interoffice Channel(s) (if applicable) – total number of
miles (based on airline miles attributed to each access
line) (1LN1B)
0
Select one
$0.00
Interoffice Channel(s) (if applicable) – total number of
channels (based on one per access line) (1LN1A)
0
$0.00
$0.00
Total Charges for PRI Interface(s), Access Line, B-Channel(s), PRI Calling Name
Delivery Feature(s), DID Telephone Numbers, and Interoffice Channel(s):
$968.10
* Minimum 23 B-Channels (PR7BV), per PRI Interface
In the event that any total amounts conflict with any per-unit rates in the table above, the per-unit rates shall control.
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
4.3
Subsequent DID Numbers, B-Channels, Calling Name ID. Customer and AT&T may agree to add DID Numbers, B-Channels
and/or Calling Name ID Services under the rates in this Pricing Schedule after Cutover of the associated ISDN PRI Service Component(s),
but only if the Customer requested installation date is more than 90 days before the end of the Pricing Schedule Term.
ETF Waiver
Page 3 of 7
SDA ILEC
v.10/0/13
4.4 Service Sites and Circuit Quantity. Service may not be installed outside the territory that the Service Provider is authorized to
provide the Service, or at a carrier hotel, a collocation cage or any similar location. The demarcation point for Service at each
Customer Site must be within 60,000 feet of the AT&T serving central office.
Site
1
2
3
4
5
6
7
8
9
10
Quantity
of Circuits
per Site
2
0
0
0
0
0
0
0
0
0
Service Site – Street address
City (in same state as Service
Provider in Section 1)
2020 WILTON DR
[N/A or Enter Service Location address]
WILTON MANORS
[N/A or Enter City]
[N/A or Enter City]
[N/A or Enter City]
[N/A or Enter City]
[N/A or Enter City]
[N/A or Enter City]
[N/A or Enter City]
[N/A or Enter City]
[N/A or Enter City]
(If additional locations apply, please attach on a separate page. BTNs and CLLI may be attached separately instead of addresses.)
5. ADDS
Customer may order Service Components at the same Site(s) as the Service Components identified in section 4.2, in excess of
quantities listed in Section 4.2, if installed no later than 6 months after the Effective Date; except, Service Components identified in
Section 4.3 may be installed until 90 days prior to end of the Pricing Schedule Term.
6. USE OF SERVICE
Customer may not use the Service to bypass the switched access charges that must be paid to a local telecommunications company for
the termination or origination of international, interLATA or intraLATA calls. If Customer uses the Service to bypass such switched access
charges, Customer must compensate AT&T for any resulting switched access charges that AT&T is obligated to pay or entitled to collect.
This Customer obligation shall not be capped or limited in any fashion.
ETF Waiver
Page 4 of 7
SDA ILEC
v.10/0/13
7. GENERAL TERMS
a. If agreed to by the parties, this Agreement may be superseded and replaced by a new term agreement that includes all the Service Components then
being purchased by Customer under this Agreement and no early termination charges shall apply, if the new term agreement also includes:
(i) an effective date within 180 days before the expiration of the Pricing Schedule Term; or,
(ii) (a) a term equal to or greater than the remainder of the Pricing Schedule Term, and (b) rates and charges equal to or greater than all rates and
charges in the Pricing Schedule.
b. Service Publications: AT&T may revise Tariffs and Guidebooks (collectively “Service Publications”) at any time and may redirect the websites listed
above. The order of priority of the documents is: this Service Agreement, then the applicable Service Publication; except Tariffs will be first wherever
contract terms may not take precedence over inconsistent Tariff terms. This Agreement continues after the Pricing Schedule Term until Services no longer
are provided, at which point the Agreement is terminated.
c. Services: AT&T will provide or arrange to have its affiliate provide Services to Customer, subject to the availability and operational limitations of systems,
facilities and equipment. Where required, an AT&T affiliate authorized by the appropriate regulatory authority will be the service provider. Customer may not
resell the Services or rebrand the Services for resale to third parties. Customer will cause Users (anyone who uses or accesses any Service provided to
Customer) to comply with this Agreement and is responsible for their use of any Service.
d. Access: Customer will allow AT&T timely access or will at Customer’s expense obtain timely access to property (other than public property) and to
equipment reasonably required for the Services. Access includes information, the right to construct, install, repair, maintain, replace and remove access
lines and network facilities and the right to use ancillary equipment space within the building for Customer’s connection to AT&T’s network. Customer will
furnish any conduit, holes, wireways, wiring, plans, equipment, space, power/utilities and other items reasonably required for the Services and will obtain any
necessary licenses, permits and consents (including easements and rights-of-way).
e. Safe Environment: Customer will ensure that the location where AT&T installs, maintains or provides Services (“Site”) is a suitable and safe working
environment, free of any substance or material that poses an unreasonable risk to health, safety or property or whose use, transport, storage, handling,
disposal or release is regulated by any law related to pollution, to protection of air, water or soil or to health and safety. If AT&T encounters hazardous
materials, AT&T may terminate any affected component of a Service (“Service Component”) or suspend performance.
f. AT&T Equipment: Services may be provided using AT&T-owned equipment located at the Site (“AT&T Equipment”). Title to AT&T Equipment remains
with AT&T. Customer must provide electric power for and keep all AT&T Equipment physically secure and free from liens and encumbrances. Customer
bears the risk of loss or damage (other than ordinary wear and tear) to all AT&T Equipment.
g. Pricing Schedule Term: Except as stated in the Pricing Schedule, the prices listed in this Service Agreement are stabilized for the Pricing Schedule Term
and apply in lieu of the corresponding prices set forth in the applicable Service Publication, and no promotion, credit, discount or waiver set forth in a Service
Publication applies. After the Pricing Schedule Term, Customer may continue Service (subject to any applicable notice or other requirements in a Service
Publication for Customer to discontinue a Service Component) under a month-to-month service arrangement.
h. Taxes: Prices are exclusive of and Customer will pay all taxes, regulatory surcharges, recovery fees, customs clearances, duties, levies, shipping
charges and other similar charges relating to the sale, transfer of ownership, installation, license, use or provision of the Services.
i. Billing, Payments, Deposits and MARC: Unless a Service Publication specifies otherwise, Customer’s obligation to pay for a Service Component begins
upon availability of the Service Component to Customer (“Cutover”). Payment is due 30 days after the invoice date (unless another date is specified in an
applicable Service Publication) and must refer to the invoice number. Restrictive endorsements or other statements on checks are void. If Customer does
not dispute a charge in writing within 6 months after the invoice date, Customer waives the right to dispute the charge. AT&T may recover all costs
(including attorney fees) of collecting delinquent or dishonored payments and may charge late payment fees at the lowest of 1.5% per month (18% per
annum), the rate specified in the Service Publication or the maximum rate allowed by law. If the Pricing Schedule includes a Minimum Annual Revenue
Commitment (“MARC”) and Customer’s MARC-Eligible recurring and usage charges (after deducting discounts and credits) in any applicable 12-month
period are less than the MARC, Customer will pay the shortfall, and AT&T may withhold contractual credits until Customer pays the shortfall charge.
j. Termination and Suspension: Either party may terminate this Agreement immediately upon notice if the other party becomes insolvent, ceases
operations, is the subject of a bankruptcy petition or makes an assignment for the benefit of its creditors. AT&T may terminate or suspend an affected
Service or Service Component and, if the activity implicates the entire Agreement, terminate or suspend the entire Agreement, immediately upon notice if
Customer: (i) commits a fraud upon AT&T; (ii) uses the Service to commit a fraud upon another party; (iii) unlawfully uses the Service; (iv) abuses or misuses
AT&T’s network or Service; or (v) interferes with another customer’s use of AT&T’s network or services. Customer may terminate an affected Service
Component for material breach by AT&T if such breach is not cured within 30 days of notice. AT&T may terminate or suspend (and later terminate) an
affected Service Component for material breach by Customer if such breach is not cured within 30 days of notice.
k. Termination Charges: If prior to Cutover Customer terminates a Service Component other than for cause or AT&T terminates a Service Component for
cause, Customer will reimburse AT&T for time and materials, including any third-party charges, incurred prior to the effective date of termination. Thereafter,
if Customer terminates a Service Component for Customer’s convenience or AT&T terminates a Service Component for cause, Customer must pay: (i) 50%
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(unless a different percentage is specified in the Pricing Schedule) of the monthly recurring charges for the terminated Service Component multiplied by the
months remaining in an applicable Minimum Payment Period specified in the Pricing Schedule or Service Publication, and (ii) any access facilities
cancellation charges and other third-party charges incurred by AT&T due to the termination. If the Pricing Schedule includes a MARC and Customer
terminates other than for cause or AT&T terminates for cause, Customer must pay an amount equal to 50% of the unsatisfied MARC for the balance of the
Pricing Schedule Term. In addition, Customer may terminate an affected Service Component without incurring termination charges if (i) AT&T revises a
Service Publication and the revision has a materially adverse impact upon Customer; (ii) Customer gives 30 days’ notice of termination to AT&T within 90
days of the date of the revision; and (iii) AT&T does not remedy the materially adverse impact prior to the effective date of termination. “Materially adverse
impacts” do not include changes to non-stabilized pricing, changes required by governmental authority or assessment of or changes to recovery fees,
surcharges or taxes.
l. Early Termination:
If Customer migrates an AT&T ILEC PRI Service or Service Component, including DS1 used as transport for AT&T ILEC PRI Service (the “Terminated ILEC
Service”) to a qualifying AT&T Business Voice over IP (BVoIP) Service, then AT&T will waive the Early Termination Charge directly resulting from
terminating the Terminated ILEC Service if:
(1) the Terminated ILEC Service has been installed at the Customer site for no fewer than 12 months;
(2) the term for the replacement agreement is equal to or greater than the remaining term for the Terminated ILEC Service;
(3) the replacement AT&T BVoIP Service is installed or available at the same Customer sites as the Terminated ILEC Service; and
(4) activation of the replacement AT&T BVoIP service at the Customer site occurs within 90 days of termination of the Terminated ILEC Service at that
Customer site.
The foregoing shall not apply to Services provided by the AT&T ILEC affiliate in Connecticut.
m. Limitations of liability and Disclaimers:
(1) AT&T MAKES NO EXPRESS OR IMPLIED WARRANTY; DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE OR NON-INFRINGEMENT; AND DISCLAIMS ANY WARRANTIES ARISING BY USAGE OF TRADE OR BY COURSE OF DEALING.
AT&T ALSO MAKES NO WARRANTY THAT TELEPHONE CALLS OR OTHER TRANSMISSIONS WILL BE ROUTED OR COMPLETED WITHOUT
ERROR OR INTERRUPTION (INCLUDING 911 CALLS). AT&T MAKES NO WARRANTY REGARDING: NETWORK SECURITY; ENCRYPTION
EMPLOYED BY ANY SERVICE; INTEGRITY OF ANY DATA THAT IS SENT, BACKED UP, STORED OR LOAD BALANCED; THAT AT&T’S SECURITY
PROCEDURES WILL PREVENT THE LOSS OR ALTERATION OF OR IMPROPER ACCESS TO CUSTOMER’S DATA AND INFORMATION; OR THAT
SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. AT&T IS NOT LIABLE FOR ANY DAMAGES RELATING TO: INTEROPERABILITY,
ACCESS OR INTERCONNECTION OF THE SERVICES WITH APPLICATIONS, DATA, EQUIPMENT, SERVICES, CONTENT OR NETWORKS
PROVIDED BY CUSTOMER OR OTHERS; SERVICE DEFECTS, SERVICE LEVELS, DELAYS, SERVICE ERRORS OR INTERRUPTIONS, INCLUDING
INTERRUPTIONS OR ERRORS IN ROUTING OR COMPLETING ANY 911 CALLS OR ANY OTHER CALLS OR TRANSMISSIONS (EXCEPT FOR
LIABILITY EXPLICITLY SET FORTH HEREIN); LOST OR ALTERED TRANSMISSIONS; OR UNAUTHORIZED ACCESS TO OR THEFT, ALTERATION,
LOSS OR DESTRUCTION OF CUSTOMER’S OR OTHERS’ APPLICATIONS, CONTENT, DATA, PROGRAMS, INFORMATION, NETWORKS OR
SYSTEMS.
(2) AT&T’S ENTIRE LIABILITY AND CUSTOMER’S EXCLUSIVE REMEDY FOR DAMAGES ARISING OUT OF AT&T’s BREACH OF THIS AGREEMENT
AND NOT DISCLAIMED UNDER THIS AGREEMENT SHALL NOT EXCEED THE APPLICABLE CREDITS SPECIFIED IN THE SERVICE PUBLICATION
OR, IF NO CREDITS ARE SPECIFIED, AN AMOUNT EQUAL TO THE TOTAL NET CHARGES TO CUSTOMER FOR SERVICE TO WHICH SUCH
BREACH RELATES DURING THE PERIOD IN WHICH SUCH BREACH OCCURS AND CONTINUES. IN NO EVENT SHALL ANY OTHER LIABILITY
ATTACH TO AT&T. THIS LIMITATION WILL NOT APPLY TO BODILY INJURY, DEATH OR DAMAGE TO REAL OR TANGIBLE PROPERTY DIRECTLY
CAUSED BY AT&T’S NEGLIGENCE OR INTENTIONAL MISCONDUCT. NEITHER PARTY WILL BE LIABLE TO THE OTHER PARTY UNDER ANY
CIRCUMSTANCES FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES.
(3) These disclaimers and limitations will apply regardless of the form of action, whether in contract, tort, strict liability or otherwise, of whether damages
were foreseeable and of whether a party was advised of the possibility of such damages. These disclaimers and limitations of liability will survive failure of
any exclusive remedies provided in this Agreement.
n. Infringement: AT&T agrees at its expense to defend and either to settle any claim against Customer, its corporate affiliates and its and their employees
and directors or to pay all damages finally awarded against such parties if the claim alleges that a Service infringes any patent, trademark, copyright or trade
secret, except if the claim arises out of: (i) Customer’s or a User’s content; (ii) modifications to the Service by Customer or third parties or combinations of the
Service with any non-AT&T services or products; (iii) AT&T’s adherence to Customer’s written requirements; or (iv) use of the Service in violation of this
Agreement. AT&T at its option may either procure the right for Customer to continue using the Service or may replace or modify the Service so that it is noninfringing or may terminate the Service without liability to Customer. Customer agrees at its expense to defend and either to settle any claim against AT&T,
its affiliates and its and their employees, directors, subcontractors and suppliers or to pay all damages finally awarded against such parties if: (i) the claim
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alleges that a Service infringes any patent, trademark, copyright or trade secret and falls within the exceptions under (i)–(iv) of the preceding paragraph; or
(ii) the claim alleges a breach by Customer, its affiliates or Users of a software license agreement governing software provided with the Services.
o. ARBITRATION: ALL CLAIMS AND DISPUTES ARISING FROM THIS AGREEMENT SHALL BE SETTLED BY BINDING ARBITRATION
ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS COMMERCIAL ARBITRATION RULES (SUBJECT TO THE
REQUIREMENTS OF THE FEDERAL ARBITRATION ACT). ANY JUDGMENT ON ANY AWARD RENDERED MAY BE ENTERED AND ENFORCED IN A
COURT HAVING JURISDICTION. THE ARBITRATOR SHALL NOT HAVE THE AUTHORITY TO AWARD ANY DAMAGES DISCLAIMED BY THIS
AGREEMENT OR IN EXCESS OF THE LIABILITY LIMITATIONS IN THIS AGREEMENT, SHALL NOT HAVE THE AUTHORITY TO ORDER PREHEARING DEPOSITIONS OR DOCUMENT DISCOVERY, BUT MAY COMPEL ATTENDANCE OF WITNESSES AND PRODUCTION OF DOCUMENTS
AT THE HEARING. THE PARTIES WAIVE ANY RIGHT TO TRIAL BY JURY AND WAIVE ANY RIGHT TO PARTICIPATE IN OR INITIATE CLASS
ACTIONS; IF THE PARTIES CANNOT WAIVE THESE RIGHTS, THIS ENTIRE SECTION IS VOID.
p. General Provisions: This Agreement and any pricing or other proposals are confidential to AT&T. Neither party may publicly disclose any confidential
information of the other party without the prior written consent of the other, unless authorized by applicable law, regulation or court order. Until directed
otherwise by Customer in writing, if AT&T designates a dedicated account representative as Customer’s primary contact with AT&T, Customer authorizes
that representative to discuss and disclose Customer’s customer proprietary network information to any employee or agent of Customer without a need for
further authentication or authorization. Each party will comply with all applicable laws and regulations and with all applicable orders issued by courts or other
governmental bodies of competent jurisdiction. This Agreement may not be assigned by either party without the prior written consent of the other party,
which consent will not be unreasonably withheld or delayed, except that AT&T may: (i) assign in whole or relevant part its rights and obligations under this
Agreement to an AT&T affiliate, or (ii) subcontract work to be performed under this Agreement, but AT&T will in each such case remain financially
responsible for the performance of such obligations. Any claim or dispute arising out of this Agreement must be filed within two (2) years after the cause of
action arises. This Agreement does not provide any third party (including Users) the right to enforce it or to any remedy, claim, liability, cause of action or
other right or privilege. Unless a regulatory agency with jurisdiction over the applicable Service applies a different law, this Agreement will be governed by
the law and regulations of the State set forth above for Customer’s address, without regard to its conflict of law principles. This Agreement is limited to
Services to be provided in the United States. The United Nations Convention on Contracts for International Sale of Goods will not apply. Except for payment
of amounts due, neither party will be liable for any delay, failure in performance, loss or damage due to causes beyond such party’s reasonable control,
including strikes and labor disputes. Customer must send any notice required or permitted under this Agreement in writing to the AT&T address set forth
above. This Agreement constitutes the entire agreement between the parties concerning its subject matter and supersedes all previous agreements,
whether written or oral. This Agreement may not be modified or supplemented without a writing signed by authorized representatives of both parties.
8. NOTICE OF WITHDRAWAL
Service and Service Component Withdrawals during Service Agreement Term
Prior Notice Required from AT&T to Withdraw and Terminate a Service
12 months
Prior Notice Required from AT&T to Withdraw and Terminate a Service Component
120 days
For AT&T internal use only
Billing Telephone Number for Existing service, if applicable: 954-390-0154
SDA Code:
BIGE22
ECATS/AT&T Contract ID No.:
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Prepared by: Bridgette Pierce, Recreation Coordinator
(a) Subject: Resolution No. 2014-0015 approving an agreement with
CareerSource Broward for youth on-the-job training.
(b) City Manager Recommendation: Recommend approval
(c) Report In Brief: Approval of the proposed agreement authorizes the City to
partner with CareerSource Broward to provide youth employees to the City of
Wilton Manors during the summer to work in City facilities and assist with
daily operations.
(d) Discussion: The Agreement provides summer employment work experience,
where a youth is given job functions and a training outline to perform under
the supervision of a city employee. This partnership is of mutual benefit. The
City receives labor support during the summer while providing the youth with
practical work experience and staff supervision and mentoring.
(e) Strategic Plan Consistency: Establishing an agreement with CareerSource
Broward will allow eligible youth to gain work experience that can be used in
the future and it supports Goal 6: Quality City Services, Valued by our
Citizens, Objective 5; Services provided in the most cost-effective manner.
(g) Fiscal Impact: The City of Wilton Manors will not incur any expenses as a
result of participating in the CareerSource Broward Summer Program.
(h) Alternatives: None recommended
(i) Attachments: Resolution No. 2014-0015; Agreement
MEMORANDUM
TO:
FROM:
DATE:
February 18, 2014
SUBJECT:
Manors to Execute an Agreement with Careersource Broward F/K/A Workforce
One for Employment Work Experience
Officials of the City of Wilton Manors to Execute an Agreement with Careersource Broward
F/K/A Workforce One for Employment Work Experience.
KLE:rc
Enclosure
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MANORS
TO
EXECUTE
AN
AGREEMENT
WITH
CAREERSOURCE BROWARD F/K/A WORKFORCE ONE FOR
YOUTH ON-THE-JOB TRAINING PROVIDING SUMMER
EMPLOYMENT WORK EXPERIENCE; PROVIDING FOR
CONFLICTS;
PROVIDING
FOR
SEVERABILITY;
AND
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WHEREAS, the City Commission of the City of Wilton Manors, Florida, deems it
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to be in the best interests of the residents and citizens of Wilton Manors to enter into an
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Agreement with CareerSource Broward f/k/a Workforce One for youth on-the-job training.
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RESOLUTION NO. 2014 - 0015
Section 1.
Section 2.
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conditions of the Agreement with CareerSource Broward f/k/a Workforce One for youth on-
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the-job training, said Agreement having been submitted for consideration to the City
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Commission in written form, a copy of which is attached hereto and made a part hereof.
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Section 3.
Section 4.
Section 5.
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Section 6.
and adoption.
WILTON MANORS, FLORIDA, THIS _____ DAY OF FEBRUARY 2014.
By:________________________________
GARY RESNICK, MAYOR
ATTEST:
____________________________
KATHRYN SIMS
CITY CLERK
MAYOR RESNICK
VICE MAYOR CARSON
COMMISSIONER GREEN
COMMISSIONER NEWTON
_____
_____
_____
_____
_____
______________________________
KERRY L. EZROL
CITY ATTORNEY
H:\_GOV CLIENTS\WM 2976\_920129 GM\RESO.14\2014-0015 (Agreement with CAREERSOURCE BROWARD- SUMMER
YOUTH EMPLOYMENT - WORKFORCE ONE (02.25.14 mtg).doc
Page 2 of 2
SUMMER YOUTH EMPLOYMENT AGREEMENT
NO. 2013-2016-SYEP-WTP-902000
This is an AGREEMENT, entered into this
day of
, 2014
between CareerSource Broward (hereinafter referred to as CSBD), formerly
known as WorkForce One Employment Solutions (WF1), the administrative entity
for the Broward Workforce Development Board, Inc. and the consortium of the
Cities of Fort Lauderdale and Hollywood, and Broward County, existing under
and by virtue of the laws of the State of Florida as a Council of Governments,
having its principal offices at 6301 N.W. 5th Way, Suite 3000, Fort Lauderdale,
FL 33309 AND City of Wilton Manors hereinafter referred to as Contractor,
existing under and by virtue of the laws of the State of Florida as a municipal
corporation (type of organization) having its principal office at 2020 Wilton Drive,
Wilton Manors, FL 33305 to begin on the date this Agreement is signed by all the
parties and to terminate on September 30, 2016.
IN CONSIDERATION of the mutual terms, conditions, promises,
covenants, and payments hereinafter set forth, CSBD and Contractor agree as
follows:
1. The purpose of this Agreement is to provide for a summer work experience
for youth at risk of needing welfare services in the future.
2. Definitions
A. "CareerSource Broward" referred to as CSBD in this Agreement.
B. "Contractor" shall mean the participating governmental entity, or non-profit
agency.
C. "Job Order" shall mean the CSBD form used to describe the available
work experience opportunities and worksites for participants and which is
incorporated into and made a part of the Agreement. Job orders are
placed online via the CSBD website. Job Orders may also be referred to
as Training Plans.
D. "Participant" shall mean an eligible youth certified by CSBD.
E. "Welfare Transitions Program" referred to as WTP in this Agreement.
F. "Worksite" shall mean the physical location to which the youth has been
assigned.
G. "Worksite Supervisor" shall mean the personnel designated by Contractor
to provide continuous on-site supervision and direction to participants at
Contractor's worksite(s). The worksite supervisor is responsible for
verifying and signing participants' time sheets.
3. Summer Work Experience Dates
A. Each summer, CSBD shall notify Contractor regarding:
a. The date the summer program will begin.
b. The date the summer program will end.
c. The dates CSBD will provide worksite supervisor training.
4. Contractor Responsibilities
A. Contractor agrees to act as a host worksite and provide a summer work
experience to youth aged 1 6 - 1 8 , referred by CSBD.
a. Referral to Contractor shall be based upon the following factors:
i. The duties described in the job order(s) submitted by Contractor,
ii. The youth's career interests.
iii. The geographic location of the worksite and the youth's ability to
get to the job.
b. Contractor shall assure that worksites are sanitary and safe.
B. Contractor shall complete a "Job Order" form each summer for each work
experience slot.
a. Job Order form(s) must be submitted to CSBD electronically following
transmittal of the link to Contractor by CSBD.
b. Job Order form(s) should state the number of youth requested for each
type of position and the location of the worksites.
c. Job Order form(s) should list the duties and responsibilities of the job
to be performed by the youth.
C. Contractor shall only assign youth to job sites located within Contractor's
organization.
Summer Youth WTP Work Site Agreement 2014
Page 2
D. Contractor shall not make material changes to youth's job duties, worksite
supervisor, or location without notification and written agreement from
CSBD in advance of the change.
E. Contractor agrees to supervise youth assigned to their organization.
a. Contractor shall send worksite supervisors) to CSBD training
scheduled prior to the start of the summer program each year that this
contract is in effect.
b. CSBD will provide a Worksite Supervisor's Handbook at the training
which shall be used by the worksite supervisors) in managing the
youth during their work experience.
c. Contractor shall provide worksite supervisors) with a copy of the Job
Order to assure the worksite supervisor is knowledgeable regarding
the duties to be assigned to the youth.
d. In the event of a change in supervisor, Contractor agrees to provide
the new supervisor with the above information.
F. Contractor agrees to comply with applicable federal and state Child Labor
Laws rules and regulations.
G. Contractor shall assure that the time worked by the youth is recorded on
time sheets in segments of fifteen (15) minutes. The time sheets shall be
signed by the youth and the worksite supervisor and submitted to CSBD in
accordance with a procedure to be established by CSBD for the collection
of the time sheets.
H. Contractor shall assure youth do not work in excess of thirty (30) hours a
week.
a. Contractor may not assign or request youth to work overtime.
b. Youth shall not be paid for sick, vacation, or holiday time during their
participation in the summer program. Contractor shall assure that time
sheets properly reflect absences attributed to sick, vacation, or holiday
time.
c. Contractor shall not change or reschedule participant's work hours
without written approval from CSBD in advance of the change.
d. Contractor shall immediately inform the CSBD Summer Program
Manager or the CSBD Summer Program Monitor assigned to
Page 3
Contractor's worksite should an accident or injury occur at the worksite
involving a participant in the program.
e. Contractor shall notify the CSBD Summer Program Manager or the
CSBD Summer Program Monitor assigned to Contractor's worksite of
any problem concerning youth's performance at a worksite.
f.
Contractor agrees to be responsible for payment of all straight time
and overtime wages in the event the Contractor assigns the youth to
work hours in excess of thirty (30) hours a week.
g. Participants may not "make up" time when they take leave, sick,
vacation or holiday time.
I. Contractor shall allow representatives of CSBD to visit worksites for the
purpose of monitoring the program, case management, and collection of
time sheets.
J. Contractor shall maintain the records and files, including, but not limited to
time sheets, attendance records, supervisor and worksite assignments for
a minimum of five (5) years and shall make them available to CSBD upon
request.
5. CSBD Responsibilities
A. CSBD shall assign monitors to each worksite who shall case manage the
youth, serve as job coaches, and address issues identified by worksite
supervisors). They shall collect time sheets, and distribute participant
paychecks as may be required for youth who have not received bank pay
cards.
B. CSBD shall serve as the employer of record.
a. CSBD shall pay the youths' wages and provide
Compensation for all youth assigned to Contractor.
Worker's
b. CSBD will inform youth that they will not be paid for leave, sick,
vacation, or holiday time.
6. Prior Negotiations
This Agreement incorporates and includes all prior negotiations
correspondence, conversations agreements, and understandings applicable
to the matter contained herein, and the parties agree that there are no
commitments, agreements, or understandings concerning the subject matter
of this Agreement that are not contained in this Agreement.
Page 4
7. Indemnification
A. If Contractor is an agency as defined in Chapter 768.28, Florida Statutes,
Contractor agrees to be fully responsible to the limits set forth in S.768.28,
Florida Statutes, for acts of negligence of its agents or employees when
acting within the scope of their employment or agency, and agrees to be
liable to the limits set forth in S.768.28, Florida Statutes for any damages
caused by said negligence. Nothing herein is intended to serve as a
waiver of sovereign immunity by any party to which sovereign immunity
may be applicable. Nothing herein shall be construed as consent by the
state of Florida to be sued by third parties in any matter arising out of any
contract.
B. Contractors who are not state or federal agencies or units of general local
purpose governments, shall hold and save CSBD, its officers, contractors,
and employees harmless from liability of any nature or kind, including
costs and expenses, for or on account of any suits or damages of any
character whatsoever resulting from injuries or damages sustained by any
persons or property resulting in whole or in part from the negligent
performance or omission of any employee, contractor, or representative of
the contractor. Contractor shall include CSBD as an additional insured
under its comprehensive liability insurance in order to indemnify CSBD.
C. Contractor agrees to cover participants under the Contractor's general or
public liability insurance policy, or if the Contractor is self-insured to
indemnify CSBD against third party claims involving participants under this
Agreement. General liability insurance on a negligence basis including
injuries and accidental death to any person shall be in an amount not less
than three hundred thousand dollars ($300,000.00) per occurrence and
subject to the same limit for more than one person in an amount not less
than one hundred thousand dollars ($100,000.00) on account of one
accident. Contractors not self-insured shall provide CSBD with a
Certificate of Insurance listing CSBD as an additional insured. CSBD must
be listed as, "CareerSource Broward" 6301 NW 5th Way, Suite 3000, Fort
Lauderdale, FL 33309 in the Certificate Holder Box.
D. Contractor shall maintain non-owner vehicle insurance coverage and shall
name CSBD as an additional insured. CSBD must be listed as,
"CareerSource Broward" 6301 NW 5th Way, Suite 3000, Fort Lauderdale,
FL 33309 in the Certificate Holder Box.
8. Legal Requirements
A. Compliance with Laws, Non Discrimination Laws, Equal Employment
Opportunity, and Americans with Disabilities Act
Page 5
Contractor shall comply with the prohibitions against discrimination
including but not limited to the prohibitions stated in the following , the Age
Discrimination Act of 1975, section 504 of the Rehabilitation Act, title IX of
the Education Amendments of 1972, and Title VI of the Civil Rights Act of
1964 with respect to the performance of their obligations under this
Agreement, and shall comply with the physical and programmatic
accessibility and reasonable accommodations requirements of section 504
of the Vocational Rehabilitation Act of 1973, as amended, and the
Americans with Disabilities Act of 1990 as amended. Contractor shall not
discriminate against any employee or applicant for employment because
of race, age, religion, color, gender, sexual orientation (Broward County
Code, Chapter 16%), national origin, marital status, political affiliation, or
physical or mental disability.
B. State of Florida Assurances and Certifications
Contractor agrees to comply with the State of Florida Assurances and
Certifications attached to this Agreement as Exhibit A.
C. Public Entity Crimes Policy
a. Contractor represents that the execution of this Agreement will not
violate the Public Entity Crime Act (Section 287.133, Florida Statutes),
which essentially provides that a person or affiliate who is a contractor,
consultant, or other provider and who has been placed on the
convicted vendor list following a conviction for a public entity crime
may not submit a bid on a contract to provide any goods or services to
CSBD, may not submit a bid on a contract with CSBD for the
construction or repair of a public building or public work, may not
submit bids on leases of real property to CSBD, may not be awarded
or perform work as a contractor, supplier, subcontractor, or consultant
under a contract with CSBD, and may not transact any business with
CSBD in excess of the threshold amount provided in Section 287.017,
Florida Statutes, for category two purchases for a period of thirty-six
(36) months from the date of being placed on the convicted vendor list.
Violation of this section shall result in termination of this Agreement
and recovery of any monies paid by CSBD pursuant to this Agreement,
and may result in debarment from CSBD's competitive procurement
activities.
b. In addition to the foregoing, Contractor further represents that there
has been no determination, based on an audit, that it has committed
an act defined by Section 287.133, Florida Statutes, as a public entity
crime and that it has not been formally charged with committing an act
defined as a public entity crime regardless of the amount of money
Page 6
involved or whether Contractor has been placed on the convicted
vendor list.
D. Applicability of Governing Law
a. This Agreement shall be interpreted, governed and construed in
accordance with the laws of the State of Florida. All parties agree and
accept that jurisdiction of any controversies or legal problems arising
out of this Agreement, and any action involving the enforcement or
interpretation of any rights hereunder, shall be exclusively in the state
courts of the Seventeenth Judicial Circuit in Broward County, Florida,
and venue for litigation arising out of this Agreement shall be
exclusively in such state courts, forsaking any other jurisdiction which
either party may claim by virtue of its residency or other jurisdictional
device. BY ENTERING INTO THIS AGREEMENT, CSBD AND
CONTRACTOR HEREBY EXPRESSLY WAIVE ANY RIGHTS
EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL
LITIGATION RELATED TO THIS AGREEMENT.
E. Regulatory Requirements
a. All federally funded programs and activities come under the purview of
the Federal Hatch Act. Participants are prohibited from engaging in any
political activity during hours paid for with WTP funds.
b. Federally funded programs and activities may not be used to support
any religious or anti-religious activity. WTP participants may not
perform functions which provide direct religious education services.
c. Employment funded under this Agreement or any Amendment shall
only be in addition to employment, which would otherwise be financed
by the Contractor without assistance under this Agreement.
d. To the extent this contract is funded in excess of one hundred
thousand dollars ($100,000.00) of funds made available from the
federal government, the provider shall comply with all applicable
standards, orders, or regulations issued under section 306 of the Clean
Air Act, as amended (42 USC 1857(h) et seq.), section 508 of the
Clean Water Act, as amended (33 USC 1368 et seq.), Executive Order
11738, and Environmental Protection Agency regulations (40CFR Part
15), and the Energy Policy and Conservation Act of 1988 as amended.
(Pub. L. 94-163, 89 Stat. 871).[53 FR 8079, 8087, Mar. 11, 1988, as
amended at 60 FR 19639,19645, Apr. 19,1995].
e. Contractor agrees to apply Davis Bacon wage rates to projects funded
under this Agreement which involve construction, alteration or repair,
Page 7
including painting and decorating of buildings, projects, and works
which are not ordinarily done by Contractor's regular work force.
f.
Contractor shall comply with the requirements of the Copeland AntiKickback Act 40 U.S.C. § 276c (1995)/18 U.S.C. 874 and the
regulations promulgated thereunder 29 CFR § 3 (1995)/29 CFR § 5
(1995).
9. Independent Contractor
Contractor understands and agrees that it is an independent contractor and
no provision of this Agreement shall be construed as creating an agency or
employment relationship between CSBD and Contractor or Contractor's
Employees.
10. Notice
Notice to CSBD shall be given by delivery in person, by a nationally
recognized next day courier service, or by first class, registered or certified
mail, postage prepaid, Attention: Legal Department, 6301 N.W. 5th Way,
Suite 3000, Fort Lauderdale, FL 33309. Notices to the Contractor shall be
given by delivery in person, by a nationally recognized next day courier
service, or by first class, registered or certified mail, postage prepaid at its
office located at the address identified in paragraph one, page one, of this
Agreement.
11. Termination
A. This Agreement may be terminated by either party for convenience upon
fifteen (15) days prior written notice to the other party.
B. CSBD may transfer or terminate participants at any time and shall make
best efforts to provide notice to the Contractor.
C. CSBD may terminate this Agreement upon twenty-four (24) hours written
notice to the Contractor in the event that CSBD is de-obligated or that the
grant under which this program is funded is terminated.
D. CSBD may terminate this Agreement at any time that CSBD
President/CEO determines that Contractor has failed to comply with any of
the provisions contained in this Agreement; or Contractor has failed to
take corrective action after receiving oral or written requests to do so
within a reasonable time, or if the health or safety of the youth assigned to
Contractor may be at risk.
Page 8
12. Attachments
A. The following documents are hereby referenced and incorporated into and
made a part of this Agreement.
a. Exhibit A - Assurances and Certifications.
b. Exhibit B - Drug-free Workplace.
c. Exhibit C - Debarment Form.
d. Exhibit D - Lobbying Form.
e. Exhibit E - Lobbying Certification.
f.
Exhibit F - Labor Concurrence.
g. Exhibit G - Sample Job Order/Training Plan
h. Exhibit H - Summer Youth Employment Program Participant Manual.
i.
Exhibit I - Child Labor Laws (29 USC 203): Employment of Minors
Between Fourteen (14) and Sixteen (16) Years of Age (Subpart C),
Occupations Particularly Hazardous for the Employment of Minors
Between Sixteen (16) and Eighteen (18) Years of Age or Detrimental
to Their Health or Well-being (subpart E).
B. Exhibit I is public law and is not attached to this Agreement. Exhibits A, B,
C, D, E and F are attached to this Agreement, and are to be completed
upon execution of the Agreement. Exhibit G is a sample and must be
completed by Contractor.
13. Amendment
Either party may amend this Agreement upon the agreement of the other
party. No such change shall be effective until reduced to writing and executed
by the parties with the same degree of formality as was the original
agreement.
14. Execution
A. Each individual executing this Agreement on behalf of a party hereto
hereby represents and warrants that he or she is, on the date he or she
signs this Agreement, duly authorized by all necessary and appropriate
action to execute this Agreement on behalf of such party and does so with
full and legal authority.
Page 9
B. This Agreement must be executed in three (3) copies, each of which shall
be deemed to be an original.
Page 10
EXECUTION PAGE
IN WITNESS THEREOF, the parties hereto have made and executed this
document on the respective dates under each signature:
City of Wilton Manors through its
(Board, Commission,
Executive, as applicable) signing by and through
^ _ (Title of
Signatory) following
(Board, Commission, Executive) action
on the
day of
, 2014, and CareerSource Broward signing by
and through its President/CEO, following Board Action on the
day of
<J
,2014.
AS TO CITY OF WILTON MANORS:
WITNESSED BY:
_LS.
LS.
BY:
(Signature)
Print Name
TITLE:
DATE:
AS TO CAREERSOURCE BROWARD:
WITNESSED BY:
LS.
L.S.
BY:
(Signature)
Print Name: Mason C. Jackson
TITLE: President/CEO
DATE:
Approved as to form by the Office of the
County Attorney for Broward County, Florida
Joni Armstrong Coffey, County Attorney
Governmental Center
Ft. Lauderdale, FL 33301
BY:
Rochelle J. Daniels
Assistant County Attorney
Page 11
<O
EXHIBIT A
ASSURANCES AND CERTIFICATIONS
The grantor will not award a grant where the Grantee has failed to accept the
ASSURANCES AND CERTIFICATIONS contained in this section. In performing
its responsibilities under this agreement, the Grantee hereby certifies and
assures that it will fully comply with the following:
A. Assurances - Non-Construction Programs (SF 424 B)
B. Debarment and Suspension Certification (29 CFR Part 98)
C.
Certification Regarding Lobbying (29 CFR Part 93)
D. Drug free Workplace Certification (29 CFR Part 98)
E. Nondiscrimination & Equal Opportunity Assurance (29 CFR Part 37)
By signing the agreement, the Grantee is providing the above assurances and certifications as detailed
below:
A. ASSURANCES - NON-CONSTRUCTION PROGRAMS. NOTE: Certain of these Assurances may
not be applicable to your project or program. If you have questions, please contact the Grantor
agency.
As the duly authorized representative of the applicant, I certify that the applicant:
1. Will give the awarding agency, the Comptroller General of the United States, and if appropriate, the
State, through any authorized representative, access to and the right to examine all records,
books, papers, or documents related to the award; and will establish a proper accounting system in
accordance with generally accepted accounting standards or agency directives.
2. Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited
to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the
basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as
amended (20 U.S.C. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of
handicaps; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), which
prohibits discrimination on the basis of handicaps: (d) the Age Discrimination Act of 1975, as
amended (42 U.S.C 6101-6107), which prohibits discrimination on the basis of age; (e) the Drug
Abuse Office and Treatment Act of 1972 (P.L. 92-255) as amended, relating to nondiscrimination
on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention,
Treatment and Rehabilitation Act of 1970 (P.L. 91-616) as amended, relating to nondiscrimination
on the basis of alcohol abuse or alcoholism; (g) Sections 523 and 527 of the Public Health Service
Act of 1912 (42 U.S.C. 290 dd.3 and 290 ee-3), as amended, relating to confidentiality of alcohol
and drug abuse patient records; (h) Title VIII of the Civil Rights act of 1968 (42 U.S.C. 3601 et
seq.) as amended, relating to nondiscrimination in the sale, rental or financing of housing; (I) any
S u m m e r Y o u t h W T P W o r k Site A g r e e m e n t 2 0 1 4
Page 12
other nondiscrimination provisions in the specific statute(s) under which application for Federal
assistance is being made; and (j) the requirements of any other non-discrimination statute(s) which
may apply to the application.
3. Will comply with the provisions of the Hatch Act (LJ.S.C. 1501-1508 and 7328) which limit the
political activities of employees whose principal employment activities are funded in whole or in
part with Federal funds.
4. Will comply, as applicable, with the provisions of the Davis-Bacon Act (40 LJ.S.C. 276a to 276a7),
the Copeland Act (40 LJ.S.C. 276c and 18 LJ.S.C. 874, and the Contract Work Hours and Safety
Standards Act (40.327-333), regarding labor standards for federally assisted construction sub
agreements.
5. Will comply with environmental standards which may be prescribed pursuant to the following: (a)
institution of environmental quality control measures under the National Environmental Policy Act
of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (b) notification of violating facilities
pursuant to E011738; (c) protection of wetlands pursuant to E011990; (d) evaluation of flood
hazards in flood plains in accordance with E011988; (e) assurance of project consistency with the
approved State management program developed under the Coastal Zone Management Act of
1972 (16 LJ.S.C. 1451 et. seq.); (f) conformity of Federal actions to State (Clear Air) Implementation
Plans under Section 176(c) of the Clear Air Act of 1955, as amended (42 U.S.C. 7401 et seq.); (g)
protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as
amended, (P.L. 93-523); and (h) protection of endangered species under the Endangered Species
Act of 1973, as amended, (P.L. 93-205).
6. Will cause to be performed the required financial and compliance audits in accordance with the
single Audit Act Amendments of 1996 and OMB Circular No. A-133, "Audits of States, Local
Governments, and Non-Profit Organizations."
7. Will comply with all applicable requirements of all other Federal laws, executive order, regulations
and policies governing this program.
B. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY
MATTERS - PRIMARY COVERED TRANSACTION.
The prospective Grantee certifies to the best of its knowledge and belief, that it and its
principals:
Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by and Federal department or agency;
Have not within a three-year period preceding this proposal been convicted or had a civil judgment rendered
against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain,
or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation
of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen property;
Are not presently indicted or otherwise criminally or civilly charged by a government
entity (Federal, State or local) with commission of any of the offenses enumerated in
paragraph (1 )(b) of this certification; and,
Page 13
Have not within a three-year period preceding this application/proposal had one or more
public transactions (Federal, State, or local) terminated for cause of default.
Where the prospective Grantee is unable to certify to any of the statements in this certification,
such prospective Grantee shall attach and explanation to this proposal [or plan].
C. CERTIFICATION REGARDING LOBBYING - Certification for Contracts, Grants, Loans, and
Cooperative Agreements.
The undersigned (i.e. Grantee) certifies, to the best of his or her knowledge and belief,
that:
No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee of
Congress, or an employee of a Member of Congress in connection with the awarding of any
Federal contract, the making of any Federal grant, the making of any Federal loan, the
entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment or modification of any Federal contract, grant, loan or cooperative agreement.
If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employees of Congress, or employee of a Member of
Congress in connection with this Federal contract, grant, loan or cooperative agreement, the
undersigned shall complete and submit Standard Form - LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imOosed by Section 1352, Title 31, U.S.C. Any person
who fails to file the required certification shall be subject to a civil penalty of not less than
$10,000 and not more than $100,000 for each such failure.
D. CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS.
Pursuant to the Drug-Free Workplace Act of 1988 and its implementing regulations codified at 29 CFR 98,
Subpart F. I, the undersigned Grantee, attests and certifies that the Grantee will provide a drug-free
workplace by the following actions.
1. Publishing a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession or use of a controlled substance is prohibited in the Grantee's workplace
and specifying the actions that will be taken against employees for violation of such prohibition.
2. Establishing an ongoing drug-free awareness program to inform employees concerning:
a.
b.
c.
d.
The dangers of drug abuse in the workplace.
The policy of maintaining a drug-free workplace.
Any available drug counseling, rehabilitation and employee assistance programs.
The penalties that may be imposed upon employees for drug abuse violations
occurring in the workplace.
3. Making it a requirement that each employee to be engaged in the performance of the contract be given a
copy of the statement required by paragraph 1.
P a g e 14
4. Notifying the employee in the statement required by paragraph 1 that, as a condition of employment
under the contract, the employee will:
a.
b.
Abide by the terms of the statement.
Notify the employer in writing of his or her conviction for a violation of a criminal
drug statute occurring in the workplace no later than five (5) calendar days after
such conviction.
5. Notifying the agency in writing ten (10) calendar days after receiving notice under subparagraph 4.b. from
an employee or otherwise receiving actual notice of such conviction. We will provide such notice of
convicted employees, including position title, to every Grant officer on whose Grant activity the convicted
employee was working. The notice shall include the identification number(s) of each affected
contract/Grant.
6. Taking one of the following actions, within thirty (30) calendar days of receiving notice under
subparagraph 4.b., with respect to any employee who is so convicted.
a.
b.
Taking appropriate personnel action against such an employee, up to and including
termination, consistent with the requirements of the Rehabilitation Act of 1973 as
amended.
Requiring such employee to participate satisfactorily in drug abuse assistance or
rehabilitation program approved for such purposes by a Federal, State or local,
health, law enforcement or other appropriate agency.
7. Making a good faith effort to continue to maintain a drug-free workplace through implementation of this
entire certification.
Notwithstanding, it is not required to provide the workplace address under the contract. As of today, the
specific sites are known and we have decided to provide the specific addresses with the understanding that
if any of the identified places change during the performance of the contract, we will inform the agency of
the changes. The following are the sites for the performance of work done in connection with the specific
contract including street address, city, county, state and zip code:
Check ( ) if there are workplaces on file that are not identified here.
Check () if an additional page was required for the listing of the workplaces.
E. NONDISCRIMINATION & EQUAL OPPORTUNITY ASSURANCE:
As a condition to the Grantee the Grantee assures that it will comply fully with the nondiscrimination and
equal opportunity provisions of the following laws:
(1) Section 188 of the Workforce Investment Act of 1998 (WIA) which prohibits discrimination against all
individuals in the United States on the basis of race, color, religion, sex national origin, age disability,
political affiliation, or belief, and against beneficiaries on the basis of either citizenship/status as a lawfully
admitted immigrant authorized to work in the United States or participation in any WIA Title I B financially
assisted program or activity;
(2) Title VI of the Civil Rights Act of 1964, as amended, which prohibits discrimination on the basis of race,
color and national origin;
Page 15
(3) Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination against
qualified individuals with disabilities;
(4) The Age Discrimination Act of 1975, as amended, which prohibits discrimination on the basis of age; and
(5) Title IX of the Education Amendments of 1972, as amended, which prohibits discrimination on the basis
of sex in educational programs.
The Grantee also assures that it will comply with 29 CFR Part 37 and all other regulations implementing the
laws listed above. This assurance applies to the grant applicant's operation of the WIA Title I - financially
assisted program or activity, and to all agreements the grant applicant makes to carry out the WIA Title I financially assisted program or activity. The Grantee understands that AWI and the United States have the
right to seek judicial enforcement of the assurance.
P a g e 16
EXHIBIT B
CERTIFICATION REGARDING DRUG-FREE WORKPLACE
Pursuant to the Drug-Free Workplace Act of 1988 and its implementing regulations
codified at 29 CFR 98, Subpart, F.I, Tom Gallagher, the undersigned, in representation
of the Department of Education, the Contractor, attests and certifies that the Contractor
will provide a drug-free workplace by the following actions.
A. Publishing a statement notifying employees that the unlawful manufacture,
distribution, dispensing, possession or use of a controlled substance is prohibited in the
Contractor's workplace and specifying the actions that will be taken against
employees for violation of such prohibition.
B. Establishing an ongoing drug-free awareness program to inform Employees
concerning:
1.
The dangers of drug abuse in the workplace.
2.
The policy of maintaining a drug-free workplace.
3.
Any available drug counseling, rehabilitation and employees assistance
programs.
4.
The penalties that may be imposed upon employees for drug abuse
violations occurring in the workplace.
C.
Making it a requirement that each employee to be engaged in the performance of
the contract be given a copy of the statement required by paragraph A.
D.
Notifying the employee in the statement required by paragraph A that, as a
condition of employment under the contract, the employee will:
1.
Abide by the terms of the statement.
2.
Notify the employer in writing of his or her conviction for a violation of a
criminal drug statute occurring in the workplace no later than five (5)
calendar days after such conviction.
E. Notifying the agency in writing ten (10) calendar days after receiving notice under
subparagraph D.2. from an employee or otherwise receiving actual notice of such
conviction. We will provide such notice of convicted employees, including
position title, to every Grant officer on whose Grant activity the convicted
employee was working. The notice shall include the identification number (s) of
each affected contract/Grant.
F.
Taking one of the following actions, within thirty (30) calendar days of receiving
notice under subparagraph D.2., with respect to any employee who is convicted.
Page 17
1.
2.
Taking appropriate personnel action against such an employee, up to and
including termination, consistent with the requirements of the
Rehabilitation Act of 1973 as amended.
Requiring such employee to participate satisfactorily in a drug abuse
assistance or rehabilitation program approved for such purposes by a
Federal, State or local, health, law enforcement or other appropriate
agency.
G.
Making a good faith effort to continue to maintain a drug-free workplace through
implementation of this entire certification.
H.
Notwithstanding, it is not required to provide the workplace address under the
contract. As of today, the specific sites are known and we have decided to
provide the specific addresses with the understanding that if any of the identified
places change during the performance of the contract, we will inform the agency
of the changes. The following are the sites for the performance of work done in
connection with the specific contract including street address, city, county, state
and zip code:
Check ( ) if there are workplaces on file that are not identified here.
Check ( ) if an additional page was required for the listing of the workplaces.
CERTIFICATION
I declare, under penalty of perjury under the laws of the United States and under the
penalties set forth by the Drug-Free Workplace Act of 1988, that this certification is true
and correct.
Name and Title of Authorized Representative, Name of Contractor
Signature
Page 18
Date
<l
EXHIBIT C
Certification Regarding Debarment, Suspension, and Other Responsibility Matters Primary
Covered Transactions
This certification is required by the regulations implementing Executive Order 12549,
Debarment and Suspension 20 CFR Part 98, Section 98.510 Participants' responsibilities.
NOTE: PLEASE READ INSTRUCTIONS IMMEDIATELY FOLLOWING THE FORM BEFORE
SIGNING CERTIFICATION
1. The prospective primary participant certifies to the best of its knowledge and belief, that it
and its principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by any Federal
department or agency;
(b) Have not within a three-year period preceding this proposal been convicted of or had
a civil judgment rendered against them for commission of fraud or a criminal
offense in connection with obtaining, attempting to obtain, or performing a public
(Federal, State, or local) transaction or contract under a public transaction; violation
of Federal or State antitrust statutes or commission of embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false statements, or receiving
stolen property;
(c) Are not presently indicted for otherwise criminally or civilly charged by a government
entity (Federal, State, or local) with commission of any of the offenses enumerated
in paragraph (1) (b) of this certification; and
(d) Have not within a three-year period preceding this application/proposal had one or
more public transactions (Federal, State, or local) terminated for cause or default.
2. Where the prospective primary participant is unable to certify to any of the statements in
this certification, such prospective participant shall attach an explanation to this proposal.
Name and Title of Authorized Representative
Signature
Date
SIN No. 5100
03003001
Page 19
<3
Instructions for Primary Covered Transactions Certification
1.
By signing and submitting this proposal the prospective primary participant is providing the
certification set out below.
2.
The inability of a person to provide the certification required below will not necessarily result
in denial of participation in this covered transaction. The prospective participant shall submit
an explanation of why it cannot provide the certification set out below. The certification
or explanation will be considered in connection with the SAE or Local Board determination
whether to enter into this transaction. However, failure of the prospective primary participant to
furnish a certification or an explanation shall disqualify such person from participation in this
transaction.
3.
The certification in this clause is a material representation of fact upon which reliance was
placed when the State Administrative Entity (SAE) or Local Board determined to enter into
this transaction. If it is later determined that the prospective primary participant knowingly
rendered an erroneous certification, in addition to other remedies available to the Federal
Government, the SAE or Local Board may terminate this transaction for cause or default.
4.
The prospective primary participant shall provide immediate written notice to the SAE or
Local Board, as appropriate, if at any time the prospective primary participant learns its
certification was erroneous when submitted or has become erroneous by reason of changed
circumstances.
5.
The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered
transaction," "participant," "person," "primary covered transaction," "principal," "proposal,"
and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions
and Coverage sections of the rules implementing Executive Order 12549. You may contact
the SAE or Local Board for assistance in obtaining a copy of those regulations.
6.
The prospective primary participant agrees by submitting this proposal that, it shall not
knowingly enter into any lower tier covered transaction with a person who is debarred,
suspended, declared ineligible, or voluntarily excluded from participation in this covered
transaction, unless authorized by the SAE.
7.
The prospective primary participant further agrees by submitting this proposal that it will
include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion - Lower Covered Transactions," provided by the SAE without
modification, in all lower tier covered transactions and in all solicitations for lower tier covered
transactions.
8.
A participant in a covered transaction may rely upon a certification of a prospective
participant in a lower tier covered transaction that it is not debarred, suspended, ineligible,
or voluntarily excluded from the covered transaction, unless it knows that the certification is
erroneous. A participant may decide the method and frequency by which it determines the
eligibility of its principals. Each participant may, but is not required to, check the list of List of
Parties Excluded From Procurement or Non-procurement Programs.
9.
Nothing contained in the foregoing shall be construed to require establishment of a system of
records in order to render in good faith the certification required by this clause. The
knowledge and information of a participant is not required to exceed that which is normally
possessed by a prudent person in the ordinary course of business dealings.
10.
Except for transactions authorized under paragraph 6 of these instructions, if a participant in a
covered transaction knowingly enters into a lower tier covered transaction with a person who
is suspended, debarred, ineligible, or voluntarily excluded from participation in this
transaction, in addition to other remedies available to the Federal Government, the SAE or
Local Board may terminate this transaction for cause or default.
Page 20
EXHIBIT D
Instructions for Completion of SF-LLL Disclosure of Lobbying Activities
This disclosure form shall be completed by the reporting entity, whether subawardee or
prime Federal recipient, at the initiation or receipt of a covered Federal action, or a
material change to a previous filing, pursuant to title 31 U.S.C., section 1352. The filing
of a form is required for each payment or agreement to make payment to any lobbying
entity for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member
of Congress in connection with a covered Federal action. Use the SF-LLL-A
Continuation Sheet for additional information if the space on the form is inadequate.
Complete all items that apply for both the initial filing and material change report. Refer
to the implementing guidance published by the Office of Management and Budget for
additional information.
1.
Identify the type of covered Federal action for which lobbying activity is and/or has been
secured to influence the outcome of a covered Federal action.
2.
Identify the status of the covered Federal action.
3.
Identify the appropriate classification of this report. If this is a follow-up report caused by
a material change to the information previously reported, enter the year and quarter in
which the change occurred. Enter the date of the last previously submitted report by this
reporting entity for this covered Federal action.
4.
Include but are not limited to subcontracts, sub grants, and contract awards under grants.
5.
If the organization filing the report in item 4 checker "Subawardee", then enter the full
name, address, city, state and zip code of the prime Federal recipient. Include
Congressional District, if known.
Enter the name of the Federal agency making the award or loan commitment. Include at
least one organizational level below agency name, if known. For example, Department of
Transportation, United States Coast Guard.
6.
7.
Enter the Federal program name or description for the covered Federal action (item 1). If
known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants,
cooperative agreements, loans, and loan commitments.
8.
Enter the most appropriate Federal identifying number available for the Federal action
identified in item 1 (e.g., Request for Proposal (RFP) number, Invitation for Bid (IFB)
number, grant announcement number, the contract, grant, or loan award number, the
application/proposal control number assigned by the Federal agency). Include prefixes,
e.g., "RFP-DE-90-001."
9.
For a covered Federal action where there has been an award or loan commitment by the
Federal agency, enter the Federal amount of the award/loan commitment for the prime
entity identified in item 4 or 5.
Page 21
10.
(a)
Enter the full name, address, city, state and zip code of the lobbying entity
engaged by the reporting entity identified in item 4 to influence the covered
Federal action.
(b)
Enter the full names of the individual(s) performing services, and include full
address if different from 10 (a). Enter Last Name, First Name, and Middle Initial
(MI).
11.
Enter the amount of compensation paid or reasonably expected to be paid by the reporting
entity (item 4) to the lobbying entity (item 10). Indicate whether the payment has been
made (actual) or will be made (planned). Check all boxes that apply. If this is a material
change report, enter the cumulative amount of payment made or planned to be made.
12.
Check the appropriate box (es). Check all boxes that apply. If payment is made through
an in-kind contribution, specify the nature and value of the in-kind payment.
13.
Check the appropriate box (es). Check all boxes that apply. If other, specify nature.
14.
Provide a specific and detailed description of the services that the lobbyist has performed,
or will be expected to perform, and the date(s) of any services rendered. Include all
preparatory and related activity, not just time spent in actual contact with Federal officials.
Identify the Federal official(s) or employee(s) contacted or the officers), employee(s), or
Member(s) of Congress that were contacted.
15.
Check whether or not a SF-LLL-A Continuation Sheet(s) is attached.
16.
The certifying official shall sign and date the form; print his/her name, title, and telephone
number.
Enter the full name, address, city, state and zip code of the reporting entity. Include
Congressional District, if known. Check the appropriate classification of the reporting entity that
designates if it is, or expects to be, a prime or sub award recipient. Identify the tier of the
subawardee, e.g., the first subawardee of the prime is the 1st tier. Sub awards'l. Type of Federal
Action:
2. Status of Federal Action:
3. Report Type:
a. contract
a. bid/offer/application
b. grant
b. initial award
c. cooperative agreement
c. post-award
d. loan
e. loan guarantee
f. loan insurance
4. Name and Address of Reporting Entity:
Subawardee, Enter Name and
Subawardee Tier
if known:
a. initial filing
b. material change
For Material Change Only
year
quarter
date of last report
Prime
5. If Reporting Entity in No. 4 is
Address of Prime:
Page 22
Congressional District, if known:
Congressional District, if known:
6. Federal Department/ Agency:
7. Federal Program Name/Description:
CFDA Number, if applicable:
8. Federal Action Number, if known:
9. Award Amount, if known:
10. a. Name and Address of Lobbying Entity
Services (including address if
(If individual, last name, first name, MI)
b. Individuals Performing
different from No. 10a.)
(Last name, first name, MI)
(Attach Continuation Sheet(s) SF-LLL-A, if necessary) (Attach Continuation Sheet(s) SF-LLLA, if necessary)
11. Amount of Payment (check all that apply): 13.Types of Payment (check all that apply):
actual
planned
a. retainer
12. Form of Payment (check all that apply):
b. one-time fee
c. commission
d. contingent fee
a. cash
e.
deferred
b. In-kind, specify: nature
f. other, specify:
value
14. Brief Description of Services Performed or to be Performed and Date(s) of Service, Including
officer(s), employee(s), or
Member(s) contacted, for Payment Indicated in item 11.
(Attach Continuation Sheet(s) SF-LLL-A, if necessary)
Approved by OMB 0348-0046
Authorized for Local Reproduction Standard Form LLL-A
Page 23
||
15. Continuation Sheet(s) SF-LLL-A attached:
YES
NO
Public reporting burden for this collection of information is estimated to average 30 minutes per
response, including time for reviewing instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the collection of information. Send
comments regarding the burden estimate or any other aspect of this collection of information,
including suggestions for reducing this burden, to the Office of Management and Budget,
Paperwork Reduction Project (0348-0046), Washington, D.C. 20503.
Information requested through this form is authorized by title 31 U.S.C. This disclosure of
lobbying activities is a material representation of fact upon which reliance was placed by
the tier above when this transaction was made or entered into. This disclosure is required
pursuant to U.S.C. 1352. This information will be reported to the Congress semi-annually
and will be available for public inspection. Any person who fails to file the required
disclosure shall be subject to a civil penalty of not less than $10,000 and not more than
$100,000 for each such failure.3
Signature _
Print Name
Title
Telephone Number
3
Approved by OMB 0348-0046
LLL-A
Date
Authorized for Local Reproduction Standard Form
Page 24
<3
EXHIBIT E
CERTIFICATION REGARDING LOBBYING
CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an Officer or
Employee of the Agency, a Member of Congress, an Officer or Employee of
Congress, or an Employee or a Member of Congress in connection with the
awarding of any Federal contract, the making of any Federal grant, the making of
any Federal loan, the entering into any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant,
loan or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
agency, a Member of the Congress, an Officer of Employee of Congress, or an
Employee of a Member of Congress, in connection with this Federal contract, grant,
loan, or cooperative agreement, the undersigned shall complete and submit
Standard Form-LLL. "Disclosure Form to Report Lobbying," in accordance with its
instructions.
(3) The undersigned shall require that the language of this certification be included in the
award documents for all sub-awards at all tiers (including subcontracts, sub-grants,
and contracts under grants, loans, and cooperative agreements) and that sub
recipients shall certify and disclose accordingly.
This certification is a material representative of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by Section 1352, Title
31, U.S. Code. Any person who fails to file the required certification shall be subject to a
civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
Grantee/Contractor/Organization
Program/Title
Name of Certifying Official
Print Name and Sign
Date
*Note: In these instances, "all", in the Final Rule is expected to be clarified to show that
it applies to covered contract/grant transactions over $100,000 (per OMB). Lobbying
Certification (29 CFR Part 93)
Page 25
<1
EXHIBIT F
LABOR UNION CONCURRENCE FORM
NAME OF ORGANIZATION:
Name of Union(s):
(a) For organizations where employees are represented by organized labor (union).
I,
, Representative/Agent of the above
named labor union hereby declare that the placement of participants at the worksites
operated by
will not infringe on the
rights of others to employment in the
.
(organization bargaining unit)
Signed:
Date:
Union Representative/Delegate
(b) For organizations where employees are not represented by organized labor (union).
I,
, position held
of
(organization) hereby declare that
our workers are not unionized nor are they represented by or affiliated with any labor
union.
Signed:
Date:
President, Secretary, Director, Principal, etc.
Page 26
<
EXHIBIT G
SAMPLE JOB ORDER FORM
WELCOME TO THE SUMMER YOUTH EMPLOYMENT PROGRAM
These are the requirements for employers volunteering to serve as host worksites
for youth enrolled in the Summer Youth Employment Program:
1. All employer organizations must enter into a worksite agreement with
CareerSource Broward (CSBD).
2. Employers who have contracted to serve as a host worksite for the
Children's Services Council of Broward County (CSC) funded summer
program in the past will automatically receive a new agreement when their
old agreement expires.
3. Employers who have not previously served as a host worksite for the CSC
summer program may request to be included by contacting the Summer
Program Manager at (954) 202-3830 or e-mailing lking@csbd.org. CSBD
will forward a contract package to entities meeting the requirements for
serving as a host worksite.
a. Examples of some of the requirements to be a host worksite include but
are not limited to:
i.
Evidence of incorporation for new not-for-profit organizations,
ii. Safe and sanitary working conditions for the youth.
iii. Transmittal of a copy of the host worksite organization's Certificate of
Insurance which can be faxed to (954) 202-3619.
b. Examples of some of the requirements for work assignments include but
are not limited to:
i.
Precluding youth from lifting in excess of 25 pounds,
ii. Precluding youth from operating heavy machinery.
iii. Precluding youth from working with dangerous tools such as knives
and axes.
4. A link to the completion of the job order form will be provided to host worksite
employers once they have executed and returned the contract package to
CSBD.
Page 27
Explanation of Job Order Sections
The Job Order Immediately Follows
PLEASE READ PRIOR TO ENTERING THE REQUESTED INFORMATION
INTO THE JOB ORDER FORM
1. SECTION ONE titled: "Employer/Organization Information."
This section should be completed ONLY ONCE per Employer/Organization.
If you or anyone in your organization has already completed this section,
please log in as a Returning Employer at the top of the JOB ORDER PAGE.
2. SECTION TWO titled: "Worksite Information."
Employers/organizations who wish to place youth at multiple/different
locations/worksites must complete the "Worksite Information" section, for
each location/worksite.
o
Example: The Broward County Library
Each location/worksite requires that an additional "Worksite
Information" section be completed. The employer would complete the
"Worksite Information" section for each location/worksite. That is, there
would be a separate form for each of the Main Library, North
Lauderdale Library, Carver Ranches Branch, and so forth.
3. SECTION THREE titled: "Job Positions at this Worksite."
Employers must enter the "job position" which includes a job description for
each location/worksite entered. Employers will be able to indicate if there are
multiple "job positions" with the same job description for each worksite.
The system will prompt employers who wish to enter additional job positions
for the same or different worksites.
4. After completion of any of the Job Order sections the system will generate an
Employer Identification (ID) number prior to logging out of the system. Please
record that number as the number must be entered each time the
employer/organization logs into the system:
a. To log into the system or to log back in to the system, please have (1) the
employer/organization's Federal Employer Identification Number (FEIN)
and (2) the Employer ID assigned to the organization available. You will
need this ID number in order to log in to add worksites or job positions at a
later date.
Page 28
b. The FEIN can be provided by the department or entity responsible for
payroll in your organization.
c. To return to the Job Order or to enter additional locations and positions
return to SECTION ONE, click "Log In" at the top of the page, enter the
FEIN and the CSBD Employer ID provided to the employer/organization
when SECTION ONE was completed and you will be able to add more
worksites, and/or positions by returning to SECTION TWO and/or
SECTION THREE to complete your JOB ORDER.
5. HELPFUL HINTS
a. Use your Employer ID and FEIN to log in again if you need to add more worksites or
job positions at a later date.
b. To make changes/corrections to information previously submitted in a JOB
ORDER, you will need to contact CareerSource Broward at (954) 2023830 and ask for the summer program staff for assistance.
c. Only complete SECTION ONE "Employer/Organization Information" one
time regardless of the number of positions and worksites you are
requesting.
d. You can request as many youth for a job position as you like, but complete
the job position information section only once for each type of job. There
is a box on the form to enter the number of youth you are requesting for
that job position.
• I have read and understand all of the above requirements.
Page 29
JOB ORDER REQUEST
SECTION ONE
EMPLOYER/ORGANIZATION INFORMATION
Please complete the information below to request youth to be assigned to your
organization during the Summer Youth Employment Program.
PLEASE COMPLETE SECTION ONE TITLED
EMPLOYER/ORGANIZATION INFORMATION
ONLY ONCE
REGARDLESS OF THE NUMBER OF JOB POSITIONS, NUMBER OF YOUTH
AND LOCATIONS OF WORKSITES YOU ARE REQUESTING.
You will be able to request and enter multiple worksites and job positions in
sections two and three respectively.
Employer/Organization Name:
Type of Organization:
Federal Tax ID #;xx-xxxxxxx Example: 12-3456789 (The dash is required)
Contact Person - (for the Contract):
Address:
City:
State: FL
Zip:
Telephone:
Cell Phone:
FAX:
Contact Person - {for the Program)):
Email Address:
Same as above
Address:
City:
State: FL
Zip:
Telephone:
Cell Phone:
FAX:
Email Address:
Does your Organization have an executed agreement with CareerSource
Broward to serve as a host worksite for the CSC summer program?
Yes D No O Not sure D
If you have responded "yes," continue to section two. The system will generate
an automatic Employer Identification (ID) number. You will need to use that ID
Page 30
number to log on later to add worksites or positions to your Job Order or to
reference your Job Order record if calling for technical support.
If you have responded "no," please refer to the instructions for section one
paragraphs 3 and 4.
Page 31
SECTION TWO
WORKSITE INFORMATION
Please enter the worksite information which indicates the location to which the
youth will be assigned for their work experience.
The ratio for supervisor to youth is 1:5
Worksite Name:
DSame as Company Address
DSame as Company Contact Person
Worksite Address:
Direct Supervisor of Youth Name:
City:
Title:
State: FL
Telephone:
Zip:
Fax:
Cell Phone:
Email Address:
How many of your company employees does this Supervisor currently
supervise?
Is public transportation available to this worksite? • yes D no
This is your CSBD Employer ID:
You must use the Employer ID and your FEIN to log in again to add worksites or
positions. "Continue" to Section Three, Job Positions at this Worksite.
Once you have completed Section Three, you may enter additional worksites, if
necessary. You may also "Quit" now and log in later to complete Section Two
and Section Three.
Page 32
SECTION THREE
JOB POSITIONS AT THIS WORKSITE:
Please complete this section only once if all positions have the same job title and
working hours.
Job Title:
Number of Slots Available at:
Work Schedule (30 hours/week):
Please note: Schedules include a 30 minute unpaid lunch break
Youth are not allowed to work weekends
Youth are not allowed to make up time missed during the program.
Dress Code: None or Casual Dress
Indoor/Outdoor:
Are Criminal Background Checks Required for Your Employees?
Description of Job Duties:
Brief Description of primary job duty, 250 characters max.
This is your CSBD Employer ID:
You can use it and your FEIN to log in again to add worksites or positions.
The job order link will be open until April 4th, 2014.
To add another worksite or a different physical address, click the "Add
Another Worksite" button. To add another type of job (e.g.- "Clerical")
at THIS worksite, click the "Add Another Job Position at THIS
Worksite" button.
** Please record your CSBD Employer ID number.
You will need it and your FEIN to log in later to make changes to your JOB
ORDER.
Add Another Worksite (Button)
Add Another Job Position at THIS Worksite (Button)
If you've finished adding worksites and job positions for now, click "Finished."
Page 33
(a) Subject: Resolution 2014 – 0016
Authorizing the Proper City Officials of the City of Wilton Manors to
Execute an Interlocal Agreement with Broward County for Monitoring
of Development Activity and Enforcement of Permitted Land Uses in
Transit Oriented Corridor
(c) Report in Brief: Resolution No. 2014 - 0016 is a resolution approving the terms
and conditions of the Interlocal Agreement with Broward County for Monitoring of
Development Activity and Enforcement of Permitted Land Uses in the Transit
Oriented Corridor.
(d) Discussion: The approval of the Interlocal Agreement is a follow up to the initial
changes to the Zoning Code which created the Transit Oriented Corridor (TOC)
within the City of Wilton Manors. The density and intensity of land uses within each
TOC is specified within the Broward County Land Use Plan. The City of Wilton
Manors is responsible for the monitoring of development activity and enforcement of
permitted land uses within the TOC consistent with the effective land use plan as
certified by the Broward County Planning Council. The City of Wilton Manors agrees
to submit quarterly reports to the Broward County Planning Council detailing the
City’s monitoring and enforcement activities within the TOC.
Livable Neighborhoods Integrating Commercial and Residential.
(f) Concurrences: Initial approval of TOC Zoning given by Planning and Zoning Board.
(g) Fiscal Impact: None.
(i) Attachments: Interlocal Agreement for the Monitoring of Development Activity and
Enforcement of Permitted Land Uses in Transit Oriented Corridor document.
MEMORANDUM
TO:
FROM:
DATE:
February 18, 2014
SUBJECT:
Manors to Execute an Interlocal Agreement with Broward County for
Monitoring of Development Activity and Enforcement of Permitted Land Uses
in Transit Oriented Corridor
Agenda, please find Wilton Manors “City of”/General Matters – Resolution No. 2014-0016,
Approving and Authorizing the Proper City Officials of the City of Wilton Manors to Execute an
Interlocal Agreement with Broward County for Monitoring of Development Activity and
Enforcement of Permitted Land Uses in Transit Oriented Corridor.
KLE:rc
Enclosure
1
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MANORS TO EXECUTE AN INTERLOCAL AGREEMENT WITH
BROWARD COUNTY FOR MONITORING OF DEVELOPMENT
ACTIVITY AND ENFORCEMENT OF PERMITTED LAND USES IN
TRANSIT
ORIENTED
CORRIDOR;
PROVIDING
FOR
CONFLICTS;
PROVIDING
FOR
SEVERABILITY;
AND
14
to enter into an Interlocal Agreement for Monitoring of Development Activity and
15
Enforcement of Permitted Land Uses in Transit Oriented Corridor to be performed by the
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Broward County Planning Council.
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WHEREAS, the City Commission of the City of Wilton Manors deems it beneficial
Section 1.
The “WHEREAS” clause set forth above is true and correct and
incorporated herein by this reference.
21
Section 2. The City Commission of the City of Wilton Manors hereby approves the
22
terms and conditions of the Interlocal Agreement with Broward County for Monitoring of
23
Development Activity and Enforcement of Permitted Land Uses in Transit Oriented
24
Corridor, a copy of said Agreement being attached hereto.
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Section 3. The proper City Officials of the City of Wilton Manors are hereby
authorized and directed to execute said Interlocal Agreement.
Section 4. All resolutions or parts of resolutions in conflict herewith, be and the
Page 1 of 2
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Section 5. If any Section, sentence, clause or phrase of this Resolution is held to be
2
invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in
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no way affect the validity of the remaining portions of this Resolution.
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Section 6. This Resolution shall become effective immediately upon its passage and
adoption.
By:________________________________
GARY RESNICK, MAYOR
ATTEST:
____________________________
KATHRYN SIMS
CITY CLERK
MAYOR RESNICK
VICE MAYOR CARSON
COMMISSIONER GREEN
COMMISSIONER NEWTON
_____
_____
_____
_____
_____
______________________________
KERRY L. EZROL
CITY ATTORNEY
H:\_GOV CLIENTS\WM 2976\_920129 GM\RESO.14\2014 - 0016 (Interlocal Agreement Monitoring Development Activity and
Enforcement of Permitted Land Uses In Transit Oriented Corridor).doc
Page 2 of 2
Return recorded document to:
Broward County Attorney's Office
115 S. Andrews Avenue, Rm 423
Document prepared by:
Broward County Attorney's Office
115 S. Andrews Avenue, Rm 423
INTERLOCAL AGREEMENT FOR THE
MONITORING OF DEVELOPMENT ACTIVITY AND
ENFORCEMENT OF PERMITTED LAND USES
IN TRANSIT ORIENTED CORRIDOR
This is an Interlocal Agreement, made and entered into by and between:
BROWARD COUNTY, a political subdivision of the state of Florida, hereinafter referred
to as "COUNTY,"
AND
CITY OF WILTON MANORS, a Florida municipal corporation, created and
existing under the laws of the state of Florida, hereinafter referred to as "CITY."
WHEREAS, this Agreement is entered into pursuant to Section 163.01, Florida
Statutes, also known as the "Florida Interlocal Cooperation Act of 1969"; and
WHEREAS, it is the purpose and intent of the parties to this Interlocal
Agreement, to permit COUNTY and CITY to make the most efficient use of their
respective powers, resources, and capabilities by enabling them to cooperate on the
basis of mutual advantage and thereby accomplish the objectives provided for herein in
the manner that will best accord with the existing resources available to each of them
and with the needs and developments within their respective jurisdictions; and
WHEREAS, the density and intensity of land uses permitted within each Transit
Oriented Corridor is specified within the Broward County Land Use Plan; and
WHEREAS, CITY has the Wilton Manors Transit Oriented Corridor (TOC) within
its jurisdiction; and
WHEREAS, pursuant to Policy 10.04.13 of the Broward County Land Use Plan,
COUNTY and CITY wish to provide that the monitoring of development activity and the
enforcement of permitted land uses within the TOC shall be the responsibility of CITY,
NOW, THEREFORE,
IN CONSIDERATION of the mutual terms, conditions, promises, covenants, and
payments hereinafter set forth, COUNTY and CITY agree as follows:
ARTICLE 1
BACKGROUND; PURPOSE AND INTENT
1.1
The above recitals are true and correct and incorporated herein as if set forth in
full hereunder.
1.2
It is the purpose and intent of this Interlocal Agreement for COUNTY and CITY,
pursuant to Section 163.01, Florida Statutes, to cooperate and provide for a
means by which each governmental entity may exercise its respective powers,
privileges, and authorities which they share in common and which each might
exercise separately in order to further a common goal.
ARTICLE 2
MONITORING OF DEVELOPMENT ACTIVITY
2.1
CITY agrees to monitor development activity and to enforce permitted land use
densities and intensities within the TOC consistent with the effective land use
plan as certified by the Broward County Planning Council.
2.2
CITY agrees to submit quarterly reports to the Broward County Planning Council
setting forth its monitoring and enforcement activities within the TOC to enable
COUNTY to ensure that the density and intensity of land uses and affordability of
units within the TOC are being complied with by CITY.
ARTICLE 3
INDEMNIFICATION
CITY is a state agency as defined in Chapter 768.28, Florida Statutes, and COUNTY is
a political subdivision of the state of Florida. Each agrees to be fully responsible for
acts and omissions of their elected officials, agents, or employees to the extent
permitted by law. Nothing herein is intended to serve as a waiver of sovereign immunity
by any party to which sovereign immunity may be applicable. Nothing herein shall be
construed as consent by a state agency or political subdivision of the state of Florida to
be sued by third parties in any matter arising out of this Agreement or any other
contract.
2
ARTICLE 4
MISCELLANEOUS
4.1
Joint Preparation: The preparation of this Interlocal Agreement has been a joint
effort of the parties hereto and the resulting document shall not, solely as a
matter of judicial construction, be construed more severely against one of the
parties than the other.
4.2
Entire Agreement and Modification: This Interlocal Agreement incorporates,
supersedes, and includes all prior negotiations, correspondence, conversations,
agreements, or understanding applicable to the matter contained herein. It is
further agreed that no change, alteration, or modification in the terms and
conditions contained herein shall be effective unless contained in a written
document executed with the same formality and of equal dignity herewith.
4.3
Records: In accordance with the Public Records Law, CITY agrees to permit
COUNTY to examine all records and grants COUNTY the right to audit any
books, documents, and papers that were generated during the course of
administration of the TOC. CITY shall maintain the records, books, documents,
and papers associated with this Interlocal Agreement in accordance with the
Public Records Act.
4.4
Recordation/Filing: This Agreement shall be recorded in the public records of
Broward County, in accordance with the Florida Interlocal Cooperation Act of
1969.
4.5
Default: In the event of any default or breach of any of the terms of this Interlocal
Agreement, it is specifically acknowledged and agreed that either party shall, in
addition to all other remedies which may be available in law or equity, have the
right to enforce this Interlocal Agreement by specific performance, injunctive
relief, prohibition, or mandamus to compel the other party to abide by the terms
of this Interlocal Agreement.
4.6
Notices: Whenever either party desires to give notice unto the other, such notice
must be in writing, sent by certified United States mail, return receipt requested,
addressed to the party for whom it is intended at the place last specified; and the
place for giving of notice shall remain such until it shall have been changed by
written notice in compliance with the provisions of this paragraph. For the
present, the parties designate the following as the respective places for giving of
notice:
FOR COUNTY:
Administrator
Broward County Planning Council
115 S. Andrews Avenue, Rm. 307
Fort Lauderdale, Florida 33301-4801
3
FOR CITY:
City Manager
________________________
________________________
4.7
Choice of Law; Waiver of Jury Trial: Any controversies or legal problems arising
out of this transaction and any action involving the enforcement or interpretation
of any rights hereunder shall be submitted to the jurisdiction of the state courts of
the Seventeenth Judicial Circuit of Broward County, Florida, the venue situs, and
shall be governed by the laws of the state of Florida. To encourage prompt and
equitable resolution of any litigation that may arise hereunder, each party hereby
waives any rights it may have to a trial by jury of any such litigation.
4.8
Conflict: In the event that this Interlocal Agreement conflicts with any other
agreement pertaining to the monitoring of development activity and the
enforcement of the density or intensity of permitted land uses within the TOC,
CITY and COUNTY agree that the terms and conditions contained in this
Interlocal Agreement shall prevail.
4.9
Counterpart Originals: The parties agree that this Agreement may be executed
in counterparts, and that collectively the counterparts shall be considered an
original agreement and shall be deemed legally sufficient and binding upon the
parties.
[Remainder of page intentionally left blank]
4
IN WITNESS WHEREOF, the parties have made and executed this Interlocal
Agreement on the respective dates under each signature: BROWARD COUNTY
through its BOARD OF COUNTY COMMISSIONERS, signing by and through its Mayor
or Vice Mayor, authorized to execute same by Board action on the ____ day of
____________, 20____, and CITY OF WILTON MANORS, signing by and through its
____________________, duly authorized to execute same.
COUNTY
ATTEST:
___________________________
County Administrator and
Ex-Officio Clerk of
the Board of County
Commissioners of Broward
County, Florida
BROWARD COUNTY, through its
BOARD OF COUNTY COMMISSIONERS
By____________________________
Mayor
____ day of ___________, 20___.
Approved as to form by
Office of County Attorney
for Broward County, Florida
JONI ARMSTRONG COFFEY, County Attorney
Governmental Center, Suite 423
Telephone: (954) 357-7600
Telecopier: (954) 357-6968
By____________________________
Maite Azcoitia
(Date)
Deputy County Attorney
5
INTERLOCAL AGREEMENT FOR MONITORING OF DEVELOPMENT ACTIVITY AND
ENFORCEMENT OF PERMITTED LAND USES IN TRANSIT ORIENTED CORRIDOR
CITY
WITNESSES:
CITY OF WILTON MANORS
__________________________
By______________________________
Mayor-Commissioner
__________________________
_____ day of __________, 20____.
ATTEST:
By_____________________________
CITY Manager
__________________________
CITY Clerk
_____ day of __________, 20____.
(CORPORATE SEAL)
APPROVED AS TO FORM:
By_____________________________
CITY Attorney
MA/gmb
02/13/14
#14-401.05
TOCWiltonManors.ILA
6
From:
Prepared by:
Bob Mays, Finance Director
Daren Jairam, Purchasing Coordinator
(a) Subject: Resolution No. 2014-0017
(b) City Manager Recommendation: Recommend Approval.
(c) Report In Brief: Authorizing the appropriate City officials to piggyback on an
agreement between Broward County and Postal Center International, Inc.
(PCI) to provide mail fulfillment services to the City of Wilton Manors.
(d) Discussion: The City of Wilton Manors currently piggy backs on a contract
for mail fulfillment services between the City of Fort Lauderdale and Postal
Center International (PCI). The Purchasing Coordinator has identified a lower
cost contract between PCI and Broward County available for piggybacking.
Piggybacking of the agreement between PCI and Broward County (Contract
No. RLI # 20060303-0-OIT-2B) will allow the City of Wilton Manors to achieve
an estimated annual savings of $7,360.00.
(e) Strategic Plan Consistency: This project is consistent with Goal 2:
Financially Sound City Government; Objective 4: Cost-Effective Delivery of
City Services and Goal 6: Quality City Services, Valued By Our Citizens;
Objective 5: Services Provided in the Most Cost-Effective Manner
(g) Fiscal Impact: FY13-14 Postage expenses are currently budgeted at
$46,420.00.
Expected savings under the new piggyback will be
approximately $7,360.00 across all funds.
(h) Alternatives:
None Recommended
(i) Attachments: Resolution No. 2014-0017; Agreement between Broward
County and PCI Contract RLI # 20060303-0-OIT-2B; Renewal Acceptance
between Broward County and PCI Contract # J20060303-0-OIT-2B; PCI
Certificate of Insurance; PCI registration with Florida Division of Corporations
MEMORANDUM
TO:
FROM:
DATE:
February 18, 2014
SUBJECT:
Manors to Execute a Piggy Back Agreement Between Broward County and
Postal Center International, Inc., For Mail Fulfillment Services
Agenda, please find Wilton Manors “City of”/General Matters – Resolution No. 2014-0017,
Approving and Authorizing the Proper City Officials of the City of Wilton Manors to Execute a
Piggy Back Agreement Between Broward County and Postal Center International, Inc., For Mail
Fulfillment Services.
KLE:rc
Enclosure
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MANORS TO PIGGY BACK ON AN AGREEMENT BETWEEN
BROWARD COUNTY AND POSTAL CENTER INTERNATIONAL,
INC. FOR MAIL FULFILLMENT SERVICES; PROVIDING FOR
CONFLICTS;
PROVIDING
FOR
SEVERABILITY;
AND
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be in the best interests of the residents and citizens of Wilton Manors to Piggy Back on an
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Agreement between Broward County and Postal Center International, Inc., to provide mail
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fulfillment services to the City of Wilton Manors.
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Section 1.
Section 2.
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conditions of the Agreement between Broward County and Postal Center International, Inc.,
21
to provide mail fulfillment services to the City of Wilton Manors.
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Section 3.
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are hereby authorized and directed to notify Postal Center International, Inc. that the City
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desires to piggy back on the Broward County Contract RLI #20060303-0-OIT-2B.
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Section 4.
Section 5.
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Section 6.
and adoption.
By:________________________________
GARY RESNICK, MAYOR
ATTEST:
____________________________
KATHRYN SIMS
CITY CLERK
MAYOR RESNICK
VICE MAYOR CARSON
COMMISSIONER GREEN
COMMISSIONER NEWTON
_____
_____
_____
_____
_____
______________________________
KERRY L. EZROL
CITY ATTORNEY
H:\_GOV CLIENTS\WM 2976\_920129 GM\RESO.14\2014-XXXX POSTAL CENTER ITNL PROVIDING COUNTYWIDE MAIL
FULFILLMENT SERVICES (piggyback with Broward County) 2.25.14 mtg.doc
Page 2 of 2
POSTCEN-02
MMARTIN
DATE (MM/DD/YYYY)
CERTIFICATE OF LIABILITY INSURANCE
2/19/2014
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
CONTACT
NAME:
PHONE
(A/C, No, Ext): 1
E-MAIL
ADDRESS:
PRODUCER
Lawley-Andolina-Verdi, LLC
30 North Union Street
Rochester, NY 14607
FAX
(A/C, No):
(585) 454-1600
1 (866) 211-4683
INSURER(S) AFFORDING COVERAGE
NAIC #
INSURER A : Hartford
Fire Insurance Co
INSURER B : Hartford Casualty Insurance Co
INSURER C : Travelers Casualty & Surety of America
INSURER D : Philadelphia Indemnity Ins Co
INSURED
Postal Center International
3406 SW 26th Terrace
Fort Lauderdale, FL 33312-5017
19682
29424
31194
18058
INSURER E :
INSURER F :
COVERAGES
CERTIFICATE NUMBER:
REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
TYPE OF INSURANCE
ADDL SUBR
INSR WVD
POLICY EFF
POLICY EXP
(MM/DD/YYYY) (MM/DD/YYYY)
POLICY NUMBER
GENERAL LIABILITY
A
X
COMMERCIAL GENERAL LIABILITY
CLAIMS-MADE
X
X
01SBQAQ3222
1/1/2014
1/1/2015
OCCUR
X Empl Benefits
A
LIMITS
EACH OCCURRENCE
DAMAGE TO RENTED
PREMISES (Ea occurrence)
$
$
MED EXP (Any one person)
$
PERSONAL & ADV INJURY
$
GENERAL AGGREGATE
$
GEN'L AGGREGATE LIMIT APPLIES PER:
PROPOLICY
LOC
JECT
PRODUCTS - COMP/OP AGG
$
AUTOMOBILE LIABILITY
COMBINED SINGLE LIMIT
(Ea accident)
BODILY INJURY (Per person)
X
ANY AUTO
ALL OWNED
AUTOS
HIRED AUTOS
1,000,000
300,000
10,000
1,000,000
2,000,000
2,000,000
$
01UECGC8191
1/1/2014
1/1/2015
SCHEDULED
AUTOS
NON-OWNED
AUTOS
$
$
1,000,000
BODILY INJURY (Per accident) $
PROPERTY DAMAGE
(PER ACCIDENT)
$
EACH OCCURRENCE
$
AGGREGATE
$
$
X
B
UMBRELLA LIAB
EXCESS LIAB
X
OCCUR
01XHQWZ4553
CLAIMS-MADE
1/1/2014
1/1/2015
X RETENTION $
10,000
DED
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
Y/N
ANY PROPRIETOR/PARTNER/EXECUTIVE
N/A
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
C Professional Liabili
D Cyber Liability
5,000,000
5,000,000
$
WC STATUTORY LIMITS
OTHER
E.L. EACH ACCIDENT
$
E.L. DISEASE - EA EMPLOYEE $
E.L. DISEASE - POLICY LIMIT
105530628
PHSD880651
12/6/2013
9/20/2013
12/6/2014 Limit
9/20/2014 Limit
$
3,000,000
1,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required)
Certificate holder is listed as an additional insured as required by written contract.
CERTIFICATE HOLDER
2020 Wilton Dr.
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
ACORD 25 (2010/05)
© 1988-2010 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
Detail by Entity Name
Page 1 of 2
Florida Profit Corporation
POSTAL CENTER INTERNATIONAL, INC.
Filing Information
Document Number
FEI/EIN Number
Date Filed
State
Status
Effective Date
Last Event
Event Date Filed
Event Effective Date
H78424
592593670
10/01/1985
FL
ACTIVE
09/26/1985
REINSTATEMENT
03/04/1996
NONE
Principal Address
3406 S.W. 26TH TERRACE
FT. LAUDERDALE, FL 33312
Changed: 06/20/2002
Mailing Address
FT. LAUDERDALE, FL 33312
Changed: 06/20/2002
Registered Agent Name & Address
GARCIA, DENNIS R
FORT LAUDERDALE, FL 33312
Name Changed: 08/17/2012
Address Changed: 03/04/1996
Officer/Director Detail
Name & Address
Title Director
ECHARTE, ARTURO
2760 N RIVERSIDE DR
INDIALANTIC, FL 32903
http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail/EntityName/domp-... 2/18/2014
Page 2 of 2
Title DST
ECHARTE, SUSAN
2760 N RIVERSIDE DR
INDIALANTIC,
FL 32903
Home
Contact
Us
E-Filing Services
Document Searches
Forms
Help
Annual Reports
Report Year
2012
2013
2014
Filed Date
03/15/2012
03/25/2013
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Document Images
01/06/2014 -- ANNUAL REPORT
View image in PDF format
08/17/2012 -- Reg. Agent Change
03/30/2011 -- Reg. Agent Change
Copyright © and Privacy Policies
State of Florida, Department of State
http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail/EntityName/domp-... 2/18/2014
TRAVEL AUTHORIZATION REQUEST FORM
INSTRUCTIONS: please fill out completely. Supporting documentaion must be attached verifying information.
NAME Tom Green
TITLE
DEPARTMENT
Legislative
PURPOSE OF TRIP
NLC Congressional City Conference
DEPARTURE DATE
Commissioner
DESTINATION
3n/2014
DEPARTURE TIME
Washington, D.C.
DAILY TRAVEL? (non-continuous)
yes, total numoer
of days traveling
11:21am
It
RETURN DATE
3/1112014
=INPUT
PER DIEM
Amount
-Number of hrs 1st day*
$10 per quarter day (6 hrs)
14 $ 30.00
-Number of full days
x$40.00
3 $ 120.00
-Number of hrs last day**
$10 per quarter day (6 hrs)
16 $ 30.00
Per diem before meals
$ 180.00
• Number of hours from departure time to midnight
to retumtime
RETURN TIME
Taxi---
50.00
x$8.00
#of Lunches
x $.560/mile
Tolls--
x$12.00
#of Dinners
X
Citv Vehicle-
$20.00
30.00
Parking-
0
Total reduction-
Other--
Amount
Amount
NLC
Hotel
N/A
Per Diem
Tom Green
Travel Method
, Tom Green- Delta
Incidental Cost
Tom Green
Other
TOTAL ESTIMATED TRAVEL COST
Proofed by Finance (initials)
APPROVAL
ACCOUNT NUMBER
IS TRIP BUDGETED?
If no, specify
funding source
001.5111.54010
(Finance Department Preparer's Signature)
(Date)
Original amount approved_ _ _ _ _ __
Actual total amount s p e n t - - - - - - Percent over I
%
-If more than 10% over, a second
approval is required for nR'"m"'nl
City Manager (if more than 10% over)
Page 2 of2
Congressional City Conference
NLC's Congressional City Conference offers city leaders from across the country a unique
opportunity to gain valuable insights into and influence actions in Washington that will impact local
communities.
REGISTRATION
First Time Attendee
$425.00
NLC Direct Member
$545.00
Nonmember
$775.00
Spouse/Guest
$70 00
State League
Member
$670.00
Youth/Chaperone
$120.00
REGISTER
SPOTLIGHT
Learn More about the Congressional City Conference
Download the Conference Brochure
CONTACTS
Member Services
(877) 827-2385
memberserv1ces@ nlc. org
© 2013 National League of Cities 1 1301 Pennsylvania Avenue NW Suite 550. Washmgton, DC 20004
~
http://www.nlc.org/build-skills-and-networks/education-and-training/event-calendar/congr...
1115/2014
Page 1 of2
NATIONAL
:LEAGUE
of CITIES
DATE:
March 8, 2014- March 12, 2014
LOCATION:
Marriott Wardman Park, Washington, D.C.
CATEGORY:
Annual Conference
Overview
The Congressional City Conference brings together more than 2,000 elected and appointed city
leaders to focus on the federal policy issues that are important to local governments. Your
partnership with the National League of Cities ensures the nation's cities a seat at the decisionmaking table with members of Congress, the White House, and federal agencies looking for solutions
to addressing the nation's most pressing challenges Additionally, you'll learn about the federal
programs, funding opportunities and resources available to implement the most innovative practices
at the local level.
Connect city hall to Capitol Hill.
Come to Washington, DC and join your fellow city leaders in calling on House and Senate members
and the Administration to set aside partisan differences and break through the gridlock in order to find
ways to support economic recovery and job creation efforts in our communities.
Make your voice heard at NLC's annual legislative conference, where you can share your hard-won
insights with members of Congress, the White House. and federal agency representatives, as well as
with your colleagues from across the country
Key federal policy issues to be addressed include:
•
•
•
•
•
•
•
•
•
Federal Budget proposals
Economic and job creation tools
Comprehensive tax code reform and municipal finance
Water and transportation infrastructure investments
Public safety and cyber-security
Education
Job training programs
Immigration
Regulatory reform and streamlining
1/15/2014
Page 1 of2
March 8- 12, 2014 •
• Marriott Wardman Park. Washington, D.C.
Welcome Tom Green'
CONFIRMATION
Need Help'
Thank you for registering. Please print this page for your records.
Translate This Page
Please add email_confirm@confmail.experient-inc.com to your safe senders list or check your spam folder to make
sure you received your confirmation.
March 2014
Su
Registrant 10
First Name
2546
Tom
Mo
Tu
We
I0
II
12
Th
Fr
Sa
*** Please do not reply to this e-mail. It was sent from an automated system. *"""
Confirmation ID: 2546
Tom Green
2020 Wilton Drive
2020 Wilton Manors
Dear Tom Green:
This confirmation includes BOTH YOUR HOUSING AND REGISTRATION information. This is your official confirmation for
conference payment as well as your hotel reservation. Please print this out and retain it for your records.
To Make Changes or Additions to Your Registration click the link below.
Registrant
Bring this confirmation to an onsite 'Express
Badge Pickup' registration location. Just scan
the barcode at any Express registration
counter and your badge will be printed and
waiting for you at badge pick-up. Valid photo
Badge Information:
Tom Green
City of V'.llton Manors
Witton Manors , FL
ID will be required.
Registration Detail
Purchases for Tom Green
Registration Type: FULL- Full Conference, Advanced
Item
Description
Code
Registration
REG
Total Registration Fees:
Total Registration Paid:
Datemme
Qty.
Item Price
Item Total
$545.00
$545.00
$545.00
($545.00)
Current Balance:
$0.00
Housing
MARRIOTTWARDMAN PARK HOTEL
Status
CONFIRM
Occupancy
Category
RUN OF HOUSE
Adults: 1 Children: 0
8 March 2014
Departure
12 March 2014
Tom Green
Daily Rate
$262.00
Room Tax
$14.50%
Resort Fee
$0.00
Occupancy Tax
$0.00
Arrival
Guests In Room
Deposit
Credit Card Guarantee
Patricia Staples ·---s173
http://registration3.experientevent.com/showNLC 141 IAttendee/Confirmation.aspx
1115/2014
Page 2 of2
Note: Taxes and fees are
subject to change without notice
Hotel Cancellation Policy
All room rese!Vations must be guaranteed with a Major Credit Card valid through March 2014. Failure to check-in to the
hotel on your scheduled arrival date will result in the cancellation of all nights in your rese!Vation and a no-show fee equal
to one night's room rate plus tax charged to your credit card by the hotel. If you must cancel, please do so at least 72
hours prior to scheduled arrival date to avoid one nighrs room rate plus tax penalty.
Comments
Bedding Request: King Bed
Hotel Address
Phone
2660 Woodley Rd NW
washington, DC 20008
202-328-2000
Fax
202-387-5436
Total Charges
Paid
Balance Due
$0.00
$0.00
$0.00
Total Housing Fees:
$0.00
Total Amount Applied to Housing:
$0.00
Housing Balance:
$0.00
Total of All Fees:
$545.00
Total Amount Applied to All Fees:
Total Balance Due:
($545.00)
$0.00
Payment History
Payment#1
01/15/2014
Payment
Master(;ard
Patricia Staples
-8173
Total Payments:
Total Refunds:
Total Net Paid:
$545.00
$545.00
$0.00
$545.00
Cancellation Policy
Registration Change/Cancellation Information
All requests must be received in writing, postmarked by February 14, 2014, and are subject to a $100 cancellation fee. No
partial refunds will be made if you decide not to attend particular functions. No registrations or cancellations will be
accepted by telephone. No cancellations will be accepted after February 14, 2014.
Hotel Change/Cancellation Information
You may contact Experient for hotel reseiVations until12 PM EST on February 19, 2014. After this date, Experient will
continue to aocept new rese!Vations, changes and cancellations, based on availability at the time of request. Cancellation
notices received less than 72 hours prior to your scheduled arrival date will be charged a one (1) night's room and tax fee
by the hotel.
Bedding Type requests and other housing requests are not guaranteed until check-in at your hotel.
For Questions or Correspondence
If any of the registration information printed above is incorrect, please contact Customer Service at 866-229-2386 or by
email at · .. :':
Registration and Housing Center Information
NLC Registration and Housing Center
PO Box4088
Frederick, MD 21705
Toll Free Phone: 866-229-2386
International: 301-694-5243
'· •;
Email:,,
The registration process is complete. To log out of this session, click Logout below.
Logout
Du
exper ent
I HCHNOLOC.Y
If you have any questions throughout the registration process, please contact 866-229-2386
(toll free), 301-694-5243 (International residents) or email
"c ·•:•
http://registration3 .experientevent.cornlshowNLC 141 I Attendee/Con:firmation.aspx
1115/2014
Page 1 of2
NATIONAL
LEAGUE
oF CITIES
DATE:
March 8, 2014- March 12, 2014
LOCATION:
CATEGORY:
Annual Conference
Hotel/Travel
Marriott Wardman Park Hotel
Washington, DC
(202)328-2000
Omni Shoreham Hotel
Washington, DC 20008
202.234.0700
You must be registered to book a room at the conference rate. To register and book a room, or add a
room to your registration use the Book a Room link to visit the official registration site for the
conference.
Room rates
Marriott Wardman Park- $262 (standard)
Parking rate Self Parking: $34/day; Valet Parking: $39/day
Omni Shoreham - $248 (standard)
Parking rate: Self Parking: $38.94/day
Book your room
REGISTRATION
First Time Attendee
$425.00
NLC Direct Member
$545.00
Nonmember
$775.00
Spouse/Guest
$70.00
$670 00
1/15/2014
Page 2 of2
State League
Member
Youth/Chaperone
$120.00
REGISTER
SPOTLIGHT
CONTACTS
Member Services
(877) 827-2385
memberservices@nlc.org
© 2013 National League of Cities 1 1301 Pennsylvania Avenue NW Suite 550, Washington, DC 20004
~
1115/2014
Page 1 of3
NATIONAL
LEAGUE
oF CITIES
DATE:
March 8, 2014- March 12, 2014
LOCATION:
CATEGORY:
Annual Conference
Schedule
DayLjA_l_l_______________
v~l
Search
SATURDAY, MARCH 08, 2014
<::7
9 00 am
National League of Cities University Seminars
5 30 pm
Constituency Group Events
530pm
State League and Special Group Events
SUNDAY, MARCH 09, 2014
<::7
8:30am
NLC Advisory Council
8 30 am
NLC Board of Directors Meeting
9:00am
National League of Cities University Seminars
1 30 pm
Policy and Advocacy Committee Meetings
4 00 pm
Policy and Advocacy Steering Committee
Meetings
5:15pm
5:15pm
5 30 pm
http://www.nlc.org/bui1d-skills-and-networks/education-and-training/event-calendar/congr...
1/15/2014
Page 2 of3
Orientation for New Member and First-Time
Attendees
MONDAY, MARCH 10, 2014
7
/Celebrate Diversity Breakfast /
7:30am
9:00am
Opening General Session
10:45 am
Concurrent Workshops
12:15 pm
Delegates Lunch on their own
1:45pm
3:30pm
Monday Afternoon General Session
5:00pm
500 pm
TUESDAY, MARCH 11,2014
7
8:45am
10 30 am
IClosing Delegates Luncheon
12:15 pm
I
215 pm
Capitol Hill Visits
2:15pm
2:15pm
Constituency Groups Events
6 30 pm
Capitol Steps Performance
WEDNESDAY, MARCH 12,2014
7
Delegates Visits with their Members of Congress
on Capitol Hill
8:00am
REGISTRATION
First Time Attendee
$425.00
NLC Direct Member
$545.00
Nonmember
$775.00
Spouse/Guest
$70.00
$670.00
http://www.nlc.org/build-skills-and-networks/education-and-training/event-calendar/congr. ..
1/15/2014
Page 3 of3
State League
Member
Youth/Chaperone
$120 00
REGISTER
SPOTLIGHT
CONTACTS
Member Services
(877) 827-2385
memberserv1ces@nlc.org
© 2013 National League of Cities 11301 Pennsylvania Avenue NW Suite 550. Washington. DC 20004
~
1/15/2014
From: Delta Air Lines DeltaAirlines@e.delta com
Subject: THOMAS L FT LAUDERDALE 07MAR14
Date: January 29, 2014 at 10:32 PM
To: justpalms@comcast.net
•. DELTA:~
delta.com
My Trips
Earn Miles
YOUR ITINERARY AND RECEIPT
Please review before your trip:
Check in for your flight up to 24 hours prior to
departure at delta. com or with the
To access your boarding pass at
the airport, print email now and scan
at a Delta self-service kiosk.
Fly Delta app - also check flights, change
seats, reserve car and hotels, and much more.
Make changes to eligible electronic tickets
through My Trips at delta. com.
If you need to contact Delta for assistance
please call1-800-221-1212 or visit
delta. com/help.
Thanks for choosing Delta.
Flight Confirmation #: HSPU5C I Ticket #: 00621784222706
c_ t 1 [ c_ K 1 r~ o r1L I r• E
Your Flight lnfonnation
Fri07MAR
LV 11 :21am
FT LAUDERDALE
AR2:28pm
DETROIT
DELTA2059
ECONOMY (K)
Snacks For Sale
LV 3:45pm
DETROIT
AR5:17pm
WASHINGTON-
DELTA2062
REAGAN
ECONOMY (K)
Tue 11MAR
LV 11 :OOam
WASHINGTON-
AR 12:48pm
ATLANTA
REAGAN
LV 1:55pm
ATLANTA
DELTA 1139
ECONOMYM
AR 3:46pm
FT LAUDERDALE
DELTA882
ECONOMYM
>
Offset your Carbon Emissions
We have partnered with The Nature Conservancy to allow you to offset your carbon emissions for
this trip. Go to delta.com/C02 to calculate your C02 emissions and learn more about offsetting.
Your Flight Details Manage Trip •
Passenger Details
Flights
Seats
THOMAS LEE GREEN
DELTA2059
See delta.com
SkyMiles #*******501 Gold
DELTA2062
See delta. com
DELTA 1139
See delta. com
DELTA882
See delta. com
***Visit delta. com or use the Fly Delta app to view, select or change your seat
If you purchased an Economy Comfort seat or a Trip Extra, please visit My Trips to access a receipt of your
purchase.
Receipt Information
Billing Details
Passenger:
Payment Method:
Ticket Number:
THOMAS LEE GREEN
AX***********3006
00621784222706
FARE:
339.53 USD
Taxes/Carrier-imposed Fees:
69.47
Ticket Amount:
409.00 USD
This ticket is non-refundable unless issued at a fully refundable fare. Some fares may not allow changes. If
allowed. any change to your itinerary may require payment of a change fee and increased fare. Failure to
appear for any flight without notice to Delta will result in cancellation of your remaining reservation.
Note: When using certain vouchers to purchase tickets. remaining credits may not be refunded. Additional
charges and/or credits may apply and are displayed in the sections below.
Details - Taxes/Carrier-imposed Fees
Total:
69.47
Itemized:
10.00 AY 18.00 XF 16.00 ZP 25.47 US
Fare Details
FLL DL X/OTT DL WAS246.51 KAOOAOUP DL X/ATL DL FLL93.02VA14B3SA USD339.53END ZP
Patricia Staples
From:
Sent:
To:
Cc:
Subject:
National League of Cities <NLC@experient-inc.com>
Monday, February 17, 201411:14 AM
Patricia Staples; National League of Cities
Kathryn Sims
RE: Hotel Room Cancellation - NLC Congressional City Conference
Thank you for contacting National League of Cities Customer Service.
Per your request, Tom's hotel reservation has been cancelled. An updated confirmation has been resent via email.
If you require further assistance, please contact customer service by phone, 1-301-694-5243, toll free at 1-866-2292386, by fax at 301-694-5124, or by email at nlc@experient-inc.com.
Please provide the name of the show or conference you are referring to in the subject line of all fax requests.
Thank you, and have a great day.
T.Hebb
Customer Service Representative
Please note that as part of Experient's PCI compliance, we can no longer accept credit card numbers via electronic
message (e-mail, instant messaging, etc.). This policy is designed to increase data security for cardholders and
merchants. Emails received containing credit card information will be deleted. Please contact customer service via the
telephone or fax number above to provide credit card details if you are attempting to submit a payment.
From:
Patricia Staples [mailto:Pstaples@wiltonmanors.com]
Sent: Wednesday, February 12, 2014 3:07PM
To: National League of Cities
Cc: Kathryn Sims
Subject: Hotel Room cancellation- NLC Congressional City Conference
Importance: High
Good Afternoon:
This is a request to cancel Commissioner Tom Green 's hotel reservation (Confirmation No. 2546) at the Marriott
Wardman Park Hotel arriving March 8,2014 and departing March 12, 2014.
Please send a confirmation acknowledging that you received this email
Thank you,
Patricia Staples, CMC
Deputy City Clerk
2020 Wilton Drive
954-390-2128 I 954-390-2199Fax
pstaples@wiltonmanors.com
1
Patricia Staples
From:
Sent:
To:
Cc:
Subject:
Event Customer Service <email_confirm@confmail.experient-inc.com>
Monday, February 17, 2014 11:14 AM
Tom Green
Patricia Staples
Registration/Housing Confirmation
{NLC141:2546}
***Please do not reply to this e-mail. It was sent from an automated system.***
Confirmation ID: 2546
Tom Green
2020 Wilton Drive
2020 Wilton Manors
Dear Tom Green:
This confirmation includes BOTH YOUR HOUSING AND REGISTRATION information. This is your official confirmation for
conference payment as well as your hotel reservation. Please print this out and retain it for your records.
To Make Changes or Additions to Your Registration click the link below.
Click here to access your registration
Registrant
Bring this confirmation to an onsite 'Express
Badge Pickup' registration location. Just scan
the barcode at any Express registration
counter and your badge will be printed and
waiting for you at badge pick-up. Valid photo
Badge lnfonnation:
Tom Green
Wilton Manors , FL
ID will be required.
Registration Detail
Purchases for Tom Green
Registration Type: FULL- Full Conference, Advanced
Item
Description
Code
REG
Registration
Date/Time
Qty.
$545.00
Total Registration Fees:
1
Item Price
Item Total
$545.00
$545.00
($545.00)
Total Registration Paid:
Current Balance:
$0.00
Housing
Hotel reservations have been cancelled. Any refunds, if applicable, will be processed accordingly
Total Housing Fees:
$0.00
Total Amount Applied to Housing:
$0.00
Housing Balance:
$0.00
$545.00
Total of All Fees:
Total Amount Applied to All Fees:
Total Balance Due:
($545.00)
$0.00
Payment History
Payment#1
01/15/2014
Payment
MasterCard
Patricia Staples
---&173
$545.00
Total Payments:
$545.00
$0.00
$545.00
Total Refunds:
50
Total Net Paid:
Cancellation Policy
Registration Change/Cancellation Information
All requests must be received in writing, postmarked by February 14, 2014, and are subject to a $100 cancellation fee. No
partial refunds will be made if you decide not to attend particular functions. No registrations or cancellations will be
accepted by telephone. No cancellations will be accepted after February 14, 2014.
Hotel Change/Cancellation Information
You may contact Experient for hotel reservations until12 PM EST on February 19, 2014. After this date, Experient will
continue to accept new reservations, changes and cancellations, based on availability at the time of request. Cancellation
notices received less than 72 hours prior to your scheduled arrival date will be charged a one (1) nighfs room and tax fee
by the hotel.
Bedding Type requests and other housing requests are not guaranteed until check-in at your hotel.
For Questions or Correspondence
If any of the registration information printed above is incorrect, please contact Customer Service at 866-229-2386 or by
email at NLC@experient-inc.com.
Registration and Housing Center Information
NLC Registration and Housing Center
PO Box4088
Frederick, MD 21705
Toll Free Phone: 866-229-2386
International: 301-694-5243
Email: NLC@experient-inc.com
2
(a) Subject: Ordinance No. 2014-0001
Amending Article 20, Section 020-090 of the Unified Land Development
Regulations Entitled “Business and Industrial Schedule of Permitted,
Conditional and Prohibited Uses
(c) Report in Brief: Resolution No. 2014 - 0001 is an amendment to the City’s Land
Development Regulations regarding the zoning for pawnshops and check cashing
stores. On July 23, 2013, the City Commission approved Resolution No. 2013-0067
which invoked “Zoning in Progress” for pawnshops and check cashing stores. As
this issue includes a proposed change to permitted uses in the City’s Unified Land
Development Regulations an ordinance establishing a moratorium was required.
Upon presentation to the City Commission, Staff was directed to include check
cashing stores in the proposed moratorium.
On September 10, 2013, the City Commission held a public hearing and approved
Ordinance 2013-0015 on second reading. This ordinance established a moratorium
to allow staff to defer the acceptance and processing of development applications
and prohibits the issuance of building permits, development orders, or local business
tax receipts for pawn shops and check cashing stores until March 10, 2013. These
180 days were to allow staff adequate time to study the appropriate location,
distance separation requirements and development standards for these types of
uses.
Pawnshops and checking cashing stores are currently only regulated in the Urban
Mixed Use Districts. The City currently regulates distance separations for alcohol
establishments outside the Urban Mixed Use Districts. Additionally, Section 010-030
provides the following definitions:
Pawnshops: The location at which a pawnbroker conducts business. Pawnbroker
means any person who is engaged in the business of making pawns as defined in
F.S. Chapter 539, as may be amended, who makes a public display containing the
term "pawn," "pawnbroker," or "pawnshop” or any derivative thereof; or who publicly
displays a sign or symbol historically identified with pawns.
Check cashing stores: Any business other than the United States Postal Service
which provides check cashing, currency exchange, or money transmitting or
remittance services, or issues or redeems money orders, travelers' checks, and
other similar instruments.
(d) Discussion: Upon consultation of the City of Wilton Manors’ Zoning Map and
Unified Land Development Regulations (ULDR) and in consideration of the
research conducted Staff proposed the following amendments to the ULDR:
ARTICLE 20. DISTRICT REGULATIONS”
•
Add “check cashing store” and “pawnshop” to schedule of permitted, conditional
and prohibited uses.
o Check cashing stores shall be listed at permitted in B-2 and B-3 zoning
districts.

A footnote is provided referencing “supplemental use regulations”
in Section 050-110 which include distance separation requirements.
o Pawnshops shall be listed as a Conditional Use in the B-2 and B-3 zoning
districts. (Please note that Conditional Uses are governed by Section 105
of the ULDR and are granted by the Planning and Zoning Board.

A footnote is provided referencing “supplemental use regulations” in
Section 050-100 which include distance separation requirements
and development standards.
“ARTICLE 50. SUPPLEMENTAL USE REGULATIONS”
Section 050-100 provides for additional regulations for pawnshops.
•
Establishes distances between pawnshops.
o The establishment of a pawnshop is prohibited within one thousand
(1,000) feet of an existing pawnshop.
o The establishment of a pawnshop is prohibited within one thousand
(1,000) feet of an existing public or private school, pre-kindergarten
school, nursery school or day care center.
o Prior to the issuance of a Business Tax Receipt, Conditional Use approval
must be granted by the Planning and Zoning Board for a pawnshop.
o Prohibits the outdoor display of merchandise including but not limited to
the sale of used automobiles, recreation vehicles, watercrafts or any other
type of motor vehicle.
o Limits the hours of operation to those established by Florida State
Statutes. The State Statutes currently restricts operation of pawnshops
from 12 midnight to 6 AM.
Section 050-110 provides for additional regulations for check cashing stores.
•
Establishes distances between check cashing stores.
o
The establishment of a check cashing store is prohibited within one
thousand (1,000) feet of an existing checking cashing store.
Livable Neighborhoods Integrating Commercial and Residential.
(f) Concurrences: On November 18, 2013 the Planning and Zoning Board voted to
recommend approval of the changes to the ULDR to the City Commission.
(g) Fiscal Impact: None.
(i) Attachments: Ordinance No. 2014-0001
MEMORANDUM
TO:
Patricia Staples, Assistant City Clerk (via e-mail)
FROM:
CC:
Randy Welker, Director
Mike Miller, City Planning Consultant
DATE:
February 11, 2014
SUBJECT:
Wilton Manors/General Matters – Ordinance No. 2014-0001, Amending the
Unified Land Development Regulations; Specifically Amending Section 020-090
of the ULD Regulations Entitled “Business and Industrial District Schedule of
Permitted, Conditional and Prohibited Uses” to Identify Appropriate Zoning
Districts for Pawnshops and Check Cashing Stores; Creating Article 50, Section
050-100 of the ULDR to be Entitled “Pawnshops”; Creating Article 50, Section
050-110 of the ULDR to be Entitled “Check Cashing Stores
Enclosed, for your review and placement on the February 25, 2014 City Commission
Meeting Agenda, please find Ordinance No. 2014-0001.
Per Section 166.041, Fl. Stat, the City must comply with the following notice requirement for
the Ordinance:
In cases in which the proposed ordinance changes the actual list of permitted, conditional, or
prohibited uses within a zoning category, or changes the actual zoning map designation of a
parcel or parcels of land involving 10 contiguous acres or more, the governing body shall
provide for public notice and hearings as follows
a. The local governing body shall hold two advertised public hearings on the
proposed ordinance. At least one hearing shall be held after 5 p.m. on a
weekday, unless the local governing body, by a majority plus one vote, elects
to conduct that hearing at another time of day. The first public hearing shall be
held at least 7 days after the day that the first advertisement is published. The
second hearing shall be held at least 10 days after the first hearing and shall be
advertised at least 5 days prior to the public hearing.
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b. The required advertisements shall be no less than 2 columns wide by 10
inches long in a standard size or a tabloid size newspaper, and the headline in
the advertisement shall be in a type no smaller than 18 point. The
advertisement shall not be placed in that portion of the newspaper where legal
notices and classified advertisements appear. The advertisement shall be
placed in a newspaper of general paid circulation in the municipality and of
general interest and readership in the municipality, not one of limited subject
matter, pursuant to chapter 50. It is the legislative intent that, whenever
possible, the advertisement appear in a newspaper that is published at least 5
days a week unless the only newspaper in the municipality is published less
than 5 days a week. The advertisement shall be in substantially the following
form:
NOTICE OF (TYPE OF) CHANGE
The (name of local governmental unit) proposes to adopt the following ordinance: (title of
the ordinance).
A public hearing on the ordinance will be held on (date and time) at (meeting place).
Except for amendments which change the actual list of permitted, conditional, or prohibited
uses within a zoning category, the advertisement shall contain a geographic location map which
clearly indicates the area covered by the proposed ordinance. (since we are technically changing
the actual list of permitted, conditional, or prohibited uses within a zoning category, no map is
necessary).
The map shall include major street names as a means of identification of the general area. In
addition to being published in the newspaper, the map must be part of the online notice required
pursuant to s. 50.0211. (Note new requirement if map were required) ¶50.0211 Internet
website publication.
(1) This section applies to legal notices that must be published in accordance with this chapter
unless otherwise specified.
(2) Each legal notice must be placed on the newspaper’s website on the same day the notice
appears in the newspaper, at no additional charge. A link to legal notices shall be provided on
the front page of the newspaper’s website that provides access to the legal notices without
charge. If there is a specified size and placement required for a printed legal notice, the size and
placement of the notice on the newspaper’s website should optimize its online visibility in
keeping with the print requirements. The newspaper’s web pages that contain legal notices shall
present the legal notices as the dominant subject matter of those pages. The newspaper’s
website shall contain a search function to facilitate searching the legal notices.
(3) If a legal notice is published in a newspaper, the newspaper publishing the notice shall
place the notice on the website established and maintained as an initiative of the Florida Press
Association as a repository for such notices located at the following address:
www.floridapublicnotices.com.
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(4) Newspapers that publish legal notices shall, upon request, provide e-mail notification of
new legal notices when they are printed in the newspaper and added to the newspaper’s website.
Such e-mail notification shall be provided without charge, and notification for such an e-mail
registry shall be available on the front page of the legal notices section of the newspaper’s
website.
Should you have any questions please contact me.
H:\_GOV CLIENTS\WM 2976\_920129 GM\MEMO.14\ZONING 2014\Zoning Memo - Ordinance No. 2014-0001 - Pawnshops.doc
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ORDINANCE NO. 2014-0001
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WHEREAS, the City Manager and the City’s professional planning staff
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continuously monitor and review the City’s Land Development Regulations to ensure
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appropriate development in the City, and from time to time recognizes the need to study and
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amend aspects of the same; and
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF WILTON MANORS, FLORIDA AMENDING ARTICLE 20,
SECTION 020-090 OF THE UNIFIED LAND DEVELOPMENT
REGULATIONS ENTITLED “BUSINESS AND INDUSTRIAL
DISTRICT SCHEDULE OF PERMITTED, CONDITIONAL AND
PROHIBITED USES”, TO IDENTIFY APPROPRIATE ZONING
DISTRICTS FOR PAWNSHOPS AND CHECK CASHING
STORES; CREATING ARTICLE 50, SECTION 050-100 OF THE
UNIFIED LAND DEVELOPMENT REGULATIONS TO BE
ENTITLED “PAWNSHOPS”; CREATING ARTICLE 50,
SECTION 050-110 OF THE UNIFIED LAND DEVELOPMENT
REGULATIONS TO BE ENTITLED “CHECK CASHING
STORES”; PROVIDING FOR CODIFICATION; PROVIDING
FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND
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WHEREAS, at its July 23, 2013 regular meeting, the City Commission adopted
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Resolution No. 2013-0067 approving Zoning in Progress for pawnshops and check cashing
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stores; and
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WHEREAS, at its September 10, 2013 regular meeting, the City Commission adopted
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Ordinance No. 2013-0015 establishing a one hundred eighty (180) day moratorium on the
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issuance of building permits, development orders and Business Tax Receipts for pawnshops and
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check cashing stores; and
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WHEREAS, the City Staff recommends that the City Commission amend the City’s
Land Development Regulations, as more specifically set forth herein; and
WHEREAS, the Planning & Zoning Board has reviewed the Staff recommendations;
CODING:
Words in struck through type are deletions from existing law;
Words in underlined type are additions.
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and
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WHEREAS, on November 18, 2013, the Planning & Zoning Board approved City
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Staff’s recommendations that the City Commission amend the City’s Land Development
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Regulations as more specifically set forth herein; and
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WHEREAS, both City Staff and the Planning & Zoning Board have determined that
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the amendments are consistent with the City’s Comprehensive Plan, that they are reasonable,
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and that they foster the interests of public health, safety, and welfare; and
WHEREAS, the City Commission finds that it is in the best interest of the City of
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Wilton Manors to amend the City’s Land Development Regulations, as provided for herein.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
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Section 1:
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The foregoing “WHEREAS” clauses are hereby ratified as true and
correct and are incorporated herein by this reference.
Section 2:
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Article 20, Section 020-090 of the Unified Land Development
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Regulations entitled “Business and Industrial District Schedule of Permitted, Conditional and
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Prohibited Uses” is hereby amended as follows:
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Section 020-090. Business and Industrial District Schedule of Permitted,
Conditional and Prohibited Uses.
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P=Permitted use, N=Not permitted use, C=Conditional use
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(A) Table of permitted, conditional, and prohibited uses.
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USE
B-1 B-2
B-3
I-L
Accessory use(s) and structure(s) (see Article 25, Accessory Uses
and Buildings)
P
P
P
P
Alcoholic beverage sales for offsite consumption
N
P
P
N
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Amusement establishment
N
P
P
N
Animal hospital or clinic
N
N
P(1)
N
Art gallery
P
P
P
N
Auction house
N
P
P
N
Automobile new car dealership
N
P
P
N
Automobile rental agency
P(8) P(8)
P
N
Automobile parts and accessories store
N
N
P
N
Automobile repair, major
N
N
P
N
Automobile repair, minor
N
C
P
N
Bakery
N
N
P
N
Bank
P
P
P
N
Bar or lounge
N
P
P
N
Bicycle sales, rental or repair
P
P
P
N
Boat or water vehicle, sales or rental
N
N
P
N
Boat or water vehicle storage
N
N
N
P
Boat or water vehicle, repair
N
N
N
P
Bowling alley
N
N
P
N
Bus station
N
P
P
N
Catering establishment
N
P
P
N
Check Cashing Store
N
P(11) P(11) N
College or other institution of higher learning
N
C
N
N
Contractor shop
N
N
P
P
Contractor storage yard
N
N
N
P
Dance, music, modeling or athletic instruction
N
P
P
N
Day care center
N
C
N
N
Dry cleaning drop off for off-site dry cleaning
N
P
P
N
Dry cleaning plant
N
C
C
N
Equipment rental
N
N
P
N
Florist
N
N
P
N
Food, convenience or specialty
N
P
P
N
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Fortune telling
N
N
N
N
Funeral home
N
C
C
N
Garden shop, greenhouse, nursery
N
N
P
N
General repair and service shop
P
P
P
N
Grocery store
N
P
P
N
Gymnasium
N
P
P
N
Home improvement center; sales of building materials
N
N
P
N
Hospital
N
C
N
N
Hotel or motel
N
P
P
N
Laboratory, research or experimental
N
N
P(2)
N
Laundromat (self-service) or commercial laundry drop-off for offsite laundry service
N
P(9)
P(9)
N
Laundry, commercial
N
N
N
P
Leather goods, assembly (no tanning)
N
N
N
P
Manufacturing, light
N
N
N
P(4)
Marina
N
P
P
N
Motion picture studio
N
N
N
P
Motor fuel pumps
N
C(3)
C(3) N
Moving or storage office or warehouse
N
N
P
N
Museum
P
P
P
N
Nightclub or cabaret
N
P
P
N
Office
P
P
P
N
Parking lot, commercial or public
C(5) C(5)
P(5)
C(5)
Pawn Shop
N
C(10) C(10) N
Personal service establishment
P
P
P
N
Pet store
N
P
P
N
Pharmacy
P
P
P
N
Photograph processing laboratory
N
P
P
N
Place of worship
P
P
P
N
Printer, publisher, photo copying, engraver,
N
P(6)
P(6)
N
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Private club
N
P
P
N
Public or governmental building or use, excluding residential
C
C
C
C
Public utility or service facility
C
C
C
C
Radio or television broadcasting station (no broadcasting tower)
N
P
P
N
Restaurant
N
P
P
N
Retail sales, general (7)
P
P
P
N
School, trade or vocational
N
N
P
N
Skating rink
N
N
P
N
Studio, photography, artistic or musical
N
P
P
N
Tailor, seamstress
N
P
P
N
Taxidermist
N
N
N
P
Theater, live or film (no drive in)
N
N
P
N
Ticket agency
P
P
P
N
Travel agency
P
P
P
N
Truck storage
N
N
P
N
Vehicle sales and rental: commercial vehicles, trailers, motorcycles N
and used automobiles
N
P
N
Wholesale, sales and storage
N
N
P
N
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(B) Specific use provisions (see footnote references in table, above):
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(1) All treatment rooms or kennels shall be maintained within a completely enclosed,
soundproof building and no objectionable noises or odors shall be externally
detectable to adjacent properties.
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(2) No testing of internal combustion engines permitted.
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(3) See Section 050-070, Motor fuel pumps, for additional development standards.
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(4) Any light manufacturing or processing use which creates no danger to the public
health and safety in surrounding areas, and no offensive noise, vibration smoke, dust,
lint, odor, heat, or glare in excess of the performance standards set forth in Section
050-040
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(5) For automobiles, motorcycles, and trucks, but excluding heavy trucks and all
commercial motor vehicles, all as defined under Section 320.01, Fl. Stat. as amended.
(6) Maximum square footage of any such use is twenty-five hundred (2,500) square feet
of gross floor area.
(7) Individual types of retail uses that are regulated separately from general retail are not
permitted as general retail uses.
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(8) No storage of vehicles.
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(9) See Section 050-060, Laundromats, for supplemental use regulations.
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(10)
See Section 050-100, Pawnshops, for supplemental use regulations.
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(11)
See Section 050-110, Check Cashing Store, for supplemental use regulations.
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(C) Commercial and industrial districts general use provisions:
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(1) Within the B-1 and B-2 Districts, no open or outside storage shall be permitted.
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(2) Within the B-3 and I-1 Districts, outdoor storage is permitted as an accessory use to a
principal permitted use only, and such outdoor storage area shall be enclosed pursuant
to Subsection 150-030(D), Perimeter landscape and buffer requirements.
(3) All merchandise in the business districts shall be stored and displayed within an
enclosed building with the exception of garden shops, plant nurseries, and sales and
rental of motor vehicles, boats, and watercraft. Retail sales establishments may
include incidental and subordinate processing, repair and rental accessory activities,
provided that all processing and repair of merchandise occurs within the principal
building.
(4) In the business districts, no delivery or pickup is permitted between the hours of 9:00
p.m. and 7:00 a.m.
(5) Uses not specifically permitted above that are similar in character to one or more
permitted uses in nature and intensity shall be permitted in the business districts, and
conditionally permitted in the I-1 District, provided the use is not specifically
prohibited in the applicable district, and provided the use is not specifically permitted
in another district.
(6) All uses shall comply with Section 050-040, Performance standards.
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Section 3:
Regulations entitled “Pawnshops” is hereby created as follows:
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Sec. 050-100. Pawnshops
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(A) Pawnshops, where conditionally permitted by Article 20 and under authority of a state
license issued under the provisions of F.S. §§ 539.001 (The Florida Pawnbroking Act), as
may be amended from time to time, are prohibited at any location within prescribed
distances from the specified uses, as follows:
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(1) Distances between establishments. The establishment of a pawnshop is
prohibited within one thousand (1,000) feet of another place of business in which
there is already in existence a City of Wilton Manors Business Tax Receipt for a
pawnshop, such distance to be measured using the shortest airline distance between
main normal public entrances.
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(2) Distances of establishments from schools. The establishment of a pawnshop is
prohibited in any place of business located within one thousand (1,000) feet from any
established public or private school, pre-kindergarten school, nursery school or day
care center, measured using the shortest airline distance between the main normal
public entrance of the pawnshop and the school property used as part of such.
Whenever such a state license has been lawfully procured and thereafter a school is
established within a distance otherwise prohibited by this Section, the establishment
of such school shall not be cause for the revocation of the City of Wilton Manors
Business Tax Receipt or prevent the subsequent renewal of same.
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(2) Prior to the issuance of a Business Tax Receipt, Conditional Use approval must be
granted by the Planning and Zoning Board for a pawnshop.
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(3) The outdoor display of merchandise is prohibited including but not limited to the sale of
used automobiles, recreation vehicles, watercrafts or any other type of motor vehicle .
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(4) Hours of operation shall be restricted in accordance F.S. §§ 539.001 as may be amended
from time to time.
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(5) Pawnshops in existence at the time of enactment of this Section, that do not comply with
the regulations herein, shall be nonconforming uses governed by Article 15 of the Land
Development Regulations.
Section 4:
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Regulations entitled “Check Cashing Stores” is hereby created as follows:
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Sec. 050-110. Check Cashing Stores
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(A) Check Cashing Stores, where permitted by Article 20 and under authority of a state
license issued under the provisions of F.S. §§ 560 Part III (Check Cashing and
Foreign Currency Exchange), as may be amended from time to time, are prohibited at any
location within prescribed distances from the specified uses, as follows:
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provisions of this Ordinance shall become and be made a part of the Unified Land
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Development Regulations of the City of Wilton Manors, Florida.
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(1) Distances between establishments. The establishment of a check cashing store is
prohibited within one thousand (1,000) feet of another place of business in which
there is already in existence a City of Wilton Manors Business Tax Receipt for a
check cashing store, such distance to be measured using the shortest airline distance
between main normal public entrances.
(2) Check Cashing Stores in existence at the time of enactment of this Section, that do not
comply with the regulations herein, shall be nonconforming uses governed by Article
15 of the Land Development Regulations.
Section 5: It is the intention of the City Commission, and it is hereby ordained that the
Section 6:
That all ordinances and resolutions or parts of ordinances and
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resolutions in conflict herewith, be and the same are hereby repealed, to the extent of such
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conflict.
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Section 7:
That if any clause, section or other part of this Ordinance shall be held
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invalid or unconstitutional by any court of competent jurisdiction, the remainder of this
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Ordinance shall not be affected thereby, but shall remain in full force and effect.
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Section 8:
That this Ordinance shall become effective immediately upon the date
of adoption.
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PASSED ON FIRST READING BY THE CITY COMMISSION OF THE CITY OF
WILTON MANORS, FLORIDA, THIS _____ DAY OF ________, 2014.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY THE CITY
COMMISSION OF THE CITY OF WILTON MANORS, FLORIDA THIS ____ DAY OF
________, 2014.
By:________________________________
GARY RESNICK, MAYOR
ATTEST:
RECORD OF COMMISSION VOTE: 1ST
Reading
____________________________
KATHRYN SIMS
CITY CLERK
MAYOR RESNICK
VICE MAYOR CARSON
COMMISSIONER GREEN
COMMISSIONER NEWTON
_____
_____
_____
_____
_____
approved the form of this Ordinance.
_____________________________
KERRY L. EZROL
CITY ATTORNEY
RECORD OF COMMISSION VOTE: 2ND
Reading
MAYOR RESNICK
VICE MAYOR CARSON
COMMISSIONER GREEN
COMMISSIONER NEWTON
KLE:SRW
H:\_GOV CLIENTS\WM 2976\_920129 GM\ORD.14\2014 - 0001 (Pawn Shop Ordinance - Amend ULDR 050-100).doc
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_____
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_____
_____
_____
From:
Joseph L. Gallegos, City Manager
Prepared by: Same
(a) Subject: First Reading of Ordinance No. 2014-0002, Amending Part II,
Chapter 4 of the City’s Code of Ordinances entitled “Animals” creating a
new Section 4-6 entitled “Retail Sale of Dogs and Cats” to establish
regulations on such sales in the City.
(b) City Manager Recommendation: Recommend Approval
(c) Report In Brief: At its meetings of December 10, 2013, January 28, 2014,
and February 11, 2014 the Commission discussed the initiative of
several cities in south Florida to control/eliminate the sale of dogs and
cats supplied by “puppy mills” or “kitten factories” to unsuspecting
purchasers who buy these pets. These sources provide pets that are
often over-bred in inhumane conditions and are thus more likely to have
genetic disorders and sicknesses which costing purchasers additional
significant fund to address these problems.
(d) Discussion: In those discussions, at its meeting of February 11, 2014,
the Commission was addressed by Michele Lazarow, Commissioner
from Hallandale Beach an organizer of these initiatives and Dan
Anthony, of the Animal Rights Foundation of Florida supporting the
Ordinance, At that time the Commission requested the City Attorney to
draft an Ordinance for first reading that would include the following:
Each animal to have a certificate of origin supplying the name of the
breeder; a time frame for existing stores to comply with the new
requirements of the Ordinance and appropriate fines for violating the
requirements/restrictions of the Ordinance.
In that regard, the Ordinance provides a period of time for an existing
licensed store to sell its existing inventory of animals or a period of 90
days from the effective date of the Ordinance, whichever occurs first.
Fines of up to $250.00 per day for a first offence and up to $500.00 per
day for repeat violations are included in the Ordinance
(e) Strategic Plan Consistency: Approval of the program would further Goal
No. 3: Strong Community Identity and Pride; Objective No. – 2: Strong
working partnerships and relationships: citizens, community
organizations, businesses and the city.
(f) Concurrences:
(g) Fiscal Impact:
(h) Alternatives:
Attachments: Ordinance No. 2014-0002
MEMORANDUM 2013
TO:
FROM:
DATE:
February 18, 2014
SUBJECT:
Wilton Manors “City of”/General Matters – Ordinance No. 2014-0002,
Amending Part II, Chapter 4 of the City’s Code of Ordinances Entitled
“Animals”, by Creating a New Section 4-6 Entitled “Retail Sale of Dogs and
Cats
Enclosed, for first reading and placement on the February 25, 2014 City Commission
Meeting Agenda, please find Wilton Manors “City of”/General Matters – Ordinance No.
2014-0002, Amending Part II, Chapter 4 of the City’s Code of Ordinances entitled
“Animals”, by creating a new Section 4-6 entitled “Retail Sale of Dogs and Cats.
KLE:rc
Enclosure
C:\Users\pstaples\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\ZPEKSO7W\2014-0002 (2-25-14 meeting)
Cats and Dogs.doc
ORDINANCE NO. 2014-0002
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WHEREAS, according to the Humane Society of the United States, hundreds of
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thousands of dogs and cats in the United States have been housed and bred at substandard
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breeding facilities known as “puppy mills” or “kitten factories,” (“Facilities”) that mass-
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produce animals for sale to the public; and
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF WILTON MANORS, FLORIDA AMENDING PART II,
CHAPTER 4 OF THE CITY’S CODE OF ORDINANCES
ENTITLED “ANIMALS”, BY CREATING A NEW SECTION 4-6
ENTITLED “RETAIL SALE OF DOGS AND CATS”;
PROVIDING FOR CODIFICATION; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND
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WHEREAS, because of the lack of proper animal husbandry practices at these
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Facilities, animals born and raised there are more likely to have genetic disorders and lack
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adequate socialization, and breeding animals utilized there are subject to inhumane housing
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conditions and are indiscriminately disposed of when they reach the end of their profitable
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breeding cycle; and
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WHEREAS, many animals produced in these Facilities are purchased by retail pet
stores for sale to the public; and
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WHEREAS, while not all dogs and cats sold in retail pet stores are the product of
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inhumane breeding conditions and not every commercial breeder selling dogs or cats to pet
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stores operates “puppy mills” or “kitten factories,” the City Commission believes that puppy
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mills and kitten factories continue to exist in part because of public demand fueled by the
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availability of dogs and cats in pet stores leading to “impulse” purchases of animals; and
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WHEREAS, the City Commission believes that restricting the retail sale of dogs and
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cats in the City will promote community awareness of animal welfare and, in turn, will foster
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a more humane environment in the City; and
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WHEREAS, the City Commission believes that the restriction of the retail sale of
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dogs and cats in pet stores in the City will reduce impulse purchases of pets, which can lead to
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abandonment or mistreatment of the animals once they have outgrown their initial puppy or
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kitten appeal and will also encourage pet consumers to adopt dogs and cats from shelters
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where proposed owners are screened for their suitability with respect to the animal, thus
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reducing the likelihood that the animal will be mistreated or abandoned and thereby saving
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animals’ lives and reducing the cost to the public of sheltering animals;
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WHEREAS, the City Commission of the City of Wilton Manors has determined that
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the following amendment promotes and protects the general health, safety, and welfare of the
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residents of the City of Wilton Manors
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF WILTON MANORS, FLORIDA:
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correct and are incorporated herein by this reference.
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Section 1:
Section 2:
The foregoing “WHEREAS” clauses are hereby ratified as true and
Chapter 4 of the City’s Code of Ordinances, entitled "Animals" is
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hereby amended to create Section 4-6 entitled “Retail Sale of Dogs and Cats,” as follows:
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Sec. 4-6. Retail Sale of Dogs and Cats.
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(1) Definitions. For purposes of this section, the following definitions shall apply:
Animal rescue organization means humane society or other duly incorporated nonprofit
organization registered with the Florida Department of State and operated as a bona fide
charitable organization under Section 501(c) 3 of the Internal Revenue code, which
organization is devoted to the rescue, care and/or adoption of stray, abandoned or surrendered
animals and which does not breed animals.
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Animal Shelter means a municipal or related public animal shelter or duly incorporated
nonprofit organization devoted to the rescue, care and/or adoption of stray, abandoned or
surrendered animals, and which does not breed animals.
Cat means an animal of any age of the Felidae family of the order Carnivora.
Certificate of source means a document declaring the source of origin of a dog or cat sold or
transferred or offered for sale or transfer. A certificate of source shall include the name and
address of the original source of the dog or cat and license information of the original source
breeder evidencing that the original source breeder is licensed by the United States
Department of Agriculture and shall be signed by both the pet store certifying the accuracy of
the certificate and by the purchaser or transferee of the dog or cat acknowledging receipt of
the certificate.
Dog means an animal of any age of the Canidae family of the Carnivora.
Hobby Breeder means any person or entity that causes or allows the breeding or studding of a
dog or cat resulting in no more than a total of one litter per adult animal per calendar year
whether or not the animals in such litter are offered for sale or other transfer.
Pet store means any retail establishment open to the public that sells or transfers, or offers for
sale or transfer, dogs and/or cats, regardless of the age of the dog or cat.
Pet store operator means a person who owns or operates a pet store.
(2) Sale or transfer of dogs and/or cats. No pet store shall display, sell, trade, deliver, barter,
lease, rent, auction, give away, transfer, offer for sale or transfer, or otherwise dispose of dogs
or cats in the City of Wilton Manors on or after the effective date of this Ordinance.
(3) Exemptions. This section does not apply to:
(a) A Hobby Breeder as defined herein.
(b) A person or pet store that sells, delivers, offers for sale, trades, barters, leases, rents,
auctions, gives away, or otherwise transfers or disposes of dogs and/or cats that were
bred and reared on property zoned for such purpose within the City of Wilton Manors
and owned by such person or pet store.
(c) An animal shelter.
(d) An animal rescue organization.
(e) An animal shelter or animal rescue organization that operates out of or in connection
with a pet store or other retail store.
(f) Pet stores that possessed an active City of Wilton Manors local business tax receipt on
or before the effective date of this Ordinance; and demonstrate through receipts and
customer identification that they have sold dogs or cats within three (3) months prior
to the effective date of this Ordinance shall be exempt from the provisions of this
Section during the earlier of: 1) when the pet store sells its inventory of dogs and/or
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cats that were in existence as of the effective date of this Ordinance; or 2) for a period
of ninety (90) days following the effective date of this ordinance.
(4) Certificate of Source. A pet store shall post and maintain in a conspicuous place, on or
within three (3) feet of each dog’s or cat’s kennel, cage or enclosure, a certificate of source of
each dog or cat offered for sale or transfer, and shall provide a copy of such certificate to the
purchaser or transferee of any dog or cat sold or transferred.
(5) Violations – Enforcement.
(a) Any person who violates this Section shall be subject to a fine of up to $250.00 per
day for a first time violation, and up to $500.00 per day for a repeat violation in
accordance with Section 2-75 and 2-78 of the City’s Code of Ordinances.
Section 3: It is the intention of the City Commission, and it is hereby ordained that the
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provisions of this Ordinance shall become and be made a part of the City’s Code of
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Ordinances.
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Section 4:
That all ordinances and resolutions or parts of ordinances and
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resolutions in conflict herewith, be and the same are hereby repealed, to the extent of such
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conflict.
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Section 5:
That if any clause, section or other part of this Ordinance shall be held
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invalid or unconstitutional by any court of competent jurisdiction, the remainder of this
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Ordinance shall not be affected thereby, but shall remain in full force and effect.
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Section 6:
That this Ordinance shall become effective immediately upon the date
of adoption.
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PASSED ON FIRST READING BY THE CITY COMMISSION OF THE CITY OF
WILTON MANORS, FLORIDA, THIS _____ DAY OF ________, 2014.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY THE CITY
COMMISSION OF THE CITY OF WILTON MANORS, FLORIDA THIS ____ DAY OF
________, 2014.
By:________________________________
GARY RESNICK, MAYOR
ATTEST:
RECORD OF COMMISSION VOTE: 1ST
Reading
____________________________
KATHRYN SIMS
CITY CLERK
MAYOR RESNICK
VICE MAYOR CARSON
COMMISSIONER GREEN
COMMISSIONER NEWTON
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approved the form of this Ordinance.
_____________________________
KERRY L. EZROL
CITY ATTORNEY
RECORD OF COMMISSION VOTE: 2ND
Reading
MAYOR RESNICK
VICE MAYOR CARSON
COMMISSIONER GREEN
COMMISSIONER NEWTON
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MEMORANDUM
TO:
Mayor Gary Resnick
Members of the City Commission
CC:
Joseph Gallegos, City Manager
FROM:
RE:
City Attorney Report
DATE:
February 19, 2014
I.
Litigation - Insurance
A)
Wilton Manors adv. Samuel Joseph LoBue v. Sal’s Towing, and Wilton Manors
Police Department, et al.: City was served with a Complaint relating to the 2008
seizure of a Chrysler PT Cruiser by the Wilton Manors Police Department. Upon
receipt of the Summons/Complaint, the matter was referred to the Florida League of
Cities to handle and respond. The firm of Johnson, Anselmo, Murdoch, Burke, et. al.
is defending the City.
B)
Wilton Manors adv. Anita Evans: City received a letter dated 11/9/11 in regard to
a slip and fall occurring on September 17, 2010 at 2292 Wilton Drive, Wilton
Manors, Florida; stating that the City did not maintain its property and that Ms.
Evans fell in a hazardous condition area.
C)
Wilton Manors adv. Cynthia & Alfred Sewel: Notice of Claim of Loss received
April 18, 2013. Defendants claim loss for consortium regarding personal injuries
sustained by Alfred E. Sewel, incident to his arrest for intent to commit burglary
and possessing burglary tools on 4/19/2010.
D)
Wilton Manors adv. Joey Pokladowski: Demand for lost wages and expenses due
to an incident regarding Officer Paula Walls of the Wilton Manors Police
Department.
E)
Wilton Manors adv. Kimberly Elizabeth Turner. Notice of Tort/Bill for Damages
re arrest made on November 20, 2013.
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F)
II.
III.
Wilton Manors adv. Terrence L. Payne, Jr., v. Broward County, and City of Wilton
Manors, Florida. City was served with a Complaint on December 31, 2013
relating to a June 14, 2012 injury caused to Plaintiff due to alleged negligent
condition of sewer hole/utility hole remaining uncovered impairing Plaintiff’s
ability to work. Plaintiff is being represented by Robert C. Rogers, Jr., Esq., Law
Offices of Lawrence J. Bohannon, P.A.
Litigation - City Attorney
A)
U.S. Century Bank v. C&S Developers, LLC & City of Wilton Manors:
Foreclosure complaint filed by U.S. Century Bank on December 13, 2011. City
filed Answer & Affirmative Defenses on December 22, 2011. Plaintiff’s Motion
for Partial Final Summary Judgment as to Counts I, II and V against C&S
Developers and Andres Swartz filed on February 7, 2013. Contract negotiations in
progress.
B)
Wilton Manors adv BAC Florida Bank, v. Broward County Self Storage, Inc.:
Foreclosure complaint filed by BAC Florida Bank on January 13, 2012. City filed
Answer & Affirmative Defenses on February 1, 2012.
C)
Wilton Manors adv. OneWest Bank, F.S.B., vs. Nittaya Paradiso: Foreclosure
Action filed against Nittaya Paradiso on October 14, 2009. City filed Answer &
Affirmative Defenses on October 21, 2009 in regard to a Utility Lien held by the
City in the amount of $116.98. Claim of Lien recorded in BK: 45755, Page 1891
and recorded on October 17, 2008. Foreclosure sale scheduled for May 2, 2013 was
deferred and a status conference hearing is scheduled for May 28, 2013. The Court
has set the City of Wilton Manors’ Verified Motion for Relief from Final Judgment
and for Rehearing/Reconsideration of Plaintiff’s Final Judgment of Foreclosure for
Wednesday, July 31, 2013. Court cancelled hearing. To be reset.
D)
Wilton Manors adv B&Y, BY& vs. Guy Urciuoli, City of Wilton Manors:
Complaint To Quite Title After Tax Sale filed by B&Y Investments, LLC against
Guy Urciuoli; City of Wilton Manors, et al., City filed an Answer and Affirmative
Defenses on January 27, 2014 asserting priority due to Code and Utility Lien. City’s
Memorandum of Law in Opposition to Plaintiff’s Motion for Final Summary
Judgment filed on February 4, 2014. Statement of Claim sent to Broward County,
Finance and Administrative Services Department on February 4, 2014 to recover tax
surplus. Tax surplus is $174,252.65. City’s Claim is $52,905.13. Filed/Mailed
Affidavit/Statement of Claim on February 6, 2014.
Litigation – Police Department – Civil Forfeitures/Seizures
A)
Wilton Manors v. Thomas S. Berman (100629): On August 10, 2010, the Police
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Department seized a 2005 GMC Pickup and $10,460.00 in currency from Thomas
Berman following his narcotics arrest and a search of his vehicle and Fort
Lauderdale residence. A Petition for Judgment of Forfeiture has been filed in the
Circuit Court for Broward County and the Circuit Court has found that the City has
probable cause to proceed with the forfeiture of the vehicle and
currency. The matter is currently being litigated. Agreed Order re Claimant’s
Motion to Stay or Abate was entered by the Court on March 24, 2011, in Case
No.10-034903(04). The status of the criminal case is that Mr. Berman has pleaded
not guilty and discovery is proceeding. The Judge has disqualified herself from
presiding over the criminal case. The Clerk has been directed to reassign another
Circuit Judge to the criminal case. A status hearing was held in the Circuit Court
case on July 16, 2013. The Judge requested counsel to set this case for a status
conference after the Motion to Suppress has been held in the criminal matter. We
will advise when a date for this conference has been scheduled. Re-Notice of
Hearing on Motion to Suppress Physical Evidence set for November 14, 2013.
Awaiting Order.
Should you have any questions concerning the above, please do not hesitate to contact me.
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agenda - Wilton Manors

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