2015.12.01_TC_Minutes_Regular TOWN OF HIGHLAND BEACH
MINUTES OF TOWN COMMISSION MEETING
REGULAR MEETING
Tuesday, December 01, 2015 1:30 PM
Mayor Bernard Featherman called the Regular Meeting to order in the Town Commission Chambers at
1:30 PM.
CALL TO ORDER:
Roll Call: Members present: Mayor Bernard Featherman; Vice Mayor William Weitz, Ph.D;
Commissioner Carl Feldman; Commissioner Louis P. Stern; and Commissioner Rhoda Zelniker. Also
present: Town Attorney Glen Torcivia; Town Manager Beverly Brown; Town Clerk Valerie Oakes; Police
Chief Craig Hartmann; Finance Director Cale Curtis; Public Works Director Edward J. Soper; Interim
Library Director Suzi Hayes and members of the public.
Pledge of Allegiance: The Pledge of Allegiance was given, followed by a minute of silence.
Civility Pledge: The Civility Pledge was recited by the Town Clerk.
1. ADDITIONS.DELETIONS OR ACCEPTANCE OF AGENDA:
Mayor Featherman called for any additions or deletions to the agenda.
Commissioner Feldman added under New Business as item 7B a discussion regarding construction on
Intracoastal Drive.
Vice Mayor Weitz asked that item 6E be removed from the Consent Agenda for further discussion.
Hearing no further additions or deletions,the agenda was accepted as amended.
2. PUBLIC COMMENTS AND REOUESTS:
Tim Burnich, 4505 S. Ocean Blvd. — Are boards established by Town Statute or State Statute that
governs what a Board can and cannot do? Town Attorney Torcivia — Most town boards are
established by Town Ordinance or Resolution. The Code Enforcement Board's powers are set forth in
the Florida State Statutes and then the local government will adopt their own policy and procedures
under that statute. Mr. Burnich — Specifically on the Code Enforcement, can the Town Commission
add additional duties to that Board such as oversite responsibilities of the Code Enforcement Officer
and the Building Department? Town Attorney Torcivia — That would be contrary to the Town's
Charter. The manager operates the Town. Mr. Burnich—I receive calls from residents that something
isn't getting done or looked into, and we have no way of doing anything about that. Town Attorney
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Tuesday,December 1,2015 Paae 2 of 11
Torcivia—You should not be involved because you will ultimately be the judge and jury. The resident
should be informed that they need to go directly to the Code Enforcement Officer or the Town
Manager if they have a complaint.
Discussion ensued regarding the duties of the Town Manager and the Town Commission and who
should handle resident complaints. If residents have complaints, they need to come to the Town
Commission meetings to express their views. Town Manager Brown advised that if there is a problem
and no one is taking care of it to please contact her. If the Code Enforcement Officer receives a
complaint,the officer conducts a site inspection.
Elyse Riesa, 1027 Boca Cove Lane — It has come to the attention of many residents that there is a
problem between the employees of our Town and the Commissioners and how they get along. I
respect the employees of this Town. They are wonderful people who work very hard and do a great
job. Employees should be judged on their own merit and not put in one category with all the
employees. The raises should be based on the employee's performance, and not just an across the
board raise. It is important that both sides work together. The residents should not have to hear things
at the Commission meetings they may feel very uncomfortable with. I strongly urge you to do
something to fix this problem. Comm. Feldman — We had a survey done on the salaries paid for the
different positions in our Town. We gave our employees whatever was required, and it was done
under the direction of our Town Manager. We do things for our employees. If they have a problem
they should go to Town Manager Brown and not the residents. She will take care of it since it is her
job.
Peggy Gossett-Seidman, 4312 Intracoastal Drive — I have some major concerns about the construction
being done on our street. We had two propane tanks rupture on our block within the last month, and
one was next door to my home. I want to bring this to your attention because there may be other
propane tanks at other sites, which may not show on the plans. The residents on this street feel the
codes are not being followed on these sites unless we call, such as fencing around the construction site
and other issues. These sites are not maintained properly and are unsightly. We want these issues
attended to because we know there will be more construction. Comm. Feldman — If you see code
violations, you need to contact the Code Enforcement Officer. Mrs. Gossett-Seidman — We have
contacted Code Enforcement Officer Holland and she has responded quickly to our call. We should
not have to call constantly, and no permits should be issued for demolition and construction without
proper fencing and dumpsters.
Vice Mayor Weitz— It is important that department heads be at the Commission meetings so they can
respond to the issues brought before us by residents. There has to be a more proactive way to address
these construction problems.
Mrs. Gossett-Seidman —At the suggestion of Town Clerk Oakes, I spoke with the builder, and he has
been cooperative in making sure the street is swept of any debris. Things have improved, but we are
still concerned about any propane tanks that may be on the properties. We also feel that the code
should be looked into regarding fencing around the construction sites. I am submitting all documents
and photos taken of the conditions on our street.
Commissioner Zelniker — I am very concerned about the propane tanks, and feel we should address
this issue immediately.
There was a Consensus amongst the Commission to investigate this complaint further.
Town Commission Regular Meeting Minutes
Tuesday,December 1,2015 Page 3 of 11
3. PRESENTATIONS:
• Welcome Diane Dixon, Library Assistant
By: Beverly Brown, Town Manager
Town Manager Brown introduced the new Library Assistant, Diane Dixon, and provided a brief
description of her background.
Interim Library Director Suzi Hammes welcomed Diane Dixon and stated that she has many years
of Library experience as well as municipal experience.
4. BOARDS AND COMMITTEES:
A) Board Correspondence:
• None
B) Board Action Report:
• None
C) Board Vacancies:
• Beaches& Shores Advisory Board—One(1)Unexpired Term ending 01/17
D) Monthly Board Meetings:
• Light Up the Holidays—December 7th—5:00 PM
• Beaches & Shores Advisory Board—December 8th—9:30 AM
• Planning Board—December 9th—9:30 AM
• Financial Advisory Board—December 14th—9:00 AM
• Board of Adjustment& Appeals—December 15th—9:30 AM
• Code Enforcement Board—December 16th—9:30 AM
• Town Commission Workshop—December 29th—CANCELLED
• Town Hall Closed:
o December 24'—Christmas Eve
o December 25th—Christmas Day
o January Is'—New Year's Day
5. PROPOSED ORDINANCES AND RESOLUTIONS:
A) ORDINANCE NO. 15-008— 1sT READING
Town Commission Regular Meeting Minutes
Tuesday,December 1,2015 Page 4 of 11
AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA AMENDING
THE CODE OF ORDINANCES BY AMENDING CHAPTER 2, "ADMINISTRATION",
ARTICLE V, "CODE ENFORCEMENT BOARD", SECTION 2-101 "CONDUCT OF
HEARING"; CHAPTER 20, PLANNING AND DEVELOPMENT", ARTICLE H,
"PLANNING BOARD", SECTION 20-26, "ESTABLISHED; MEMBERSHIP;
FUNCTION"; AND ARTICLE III, "BOARD OF ADJUSTMENT AND APPEALS;
ADMINISTRATION",SECTION 2048, "MEETINGS; FILING OF MINUTES" TO
MODIFY WHO MAY CALL MEETINGS FOR ADVISORY BOARDS; PROVIDING
FOR CODIFICATION, CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE.
Town Clerk Oakes read Ordinance No. 15-008 into the record.
Town Manager Brown—The Town Commission was concerned over who has the authority to call
meetings. In order to update the procedure of these Boards, it would have to be done by
ordinance, since it is part of our Code. Upon notification from the Building Department of an
application,the Town Manager would schedule the meetings with the Town Clerk's Office.
Commission Discussion:
Comm. Zelniker — Who is responsible for reviewing the codes and making changes? Town
Manager Brown — When the State statute changes, conditions change within the city or when
there are zoning changes, we review them.
Comm. Stern—The changes seem in line with what we have already discussed.
Comm. Feldman— The Chairperson of each Board should be given a complete reading on this so
they are aware of the changes. Town Clerk Oakes—All Board members are given an orientation,
and there are specific packets for each Board. If this ordinance and the two resolutions on this
agenda are adopted, they will be placed on their annual December meeting agendas so they are
aware of the new process.
MOTION: Commissioner Stern moved to accept Ordinance No. 15-008 on the I' reading.
Motion was seconded by Commissioner Feldman.
ROLL CALL:
Commissioner Stern - Yes
Commissioner Feldman - Yes
Commissioner Zelniker - Yes
Vice Mayor Weitz - Yes
Mayor Featherman - - Yes
Motion carried 5 to 0.
B) RESOLUTION NO. 15-012 R
A RESOLUTION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING
RESOLUTION 15-006 R OF THE TOWN OF HIGHLAND BEACH, FLORIDA
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ESTABLISHNG THE FINANCIAL ADVISORY BOARD TO CLARIFY WHEN
MEETINGS MAY BE HELD; PROVIDING FOR SEVERABILITY; PROVIDING FOR
THE REPEAL OF RESOLUTIONS IN CONFLICT; PROVIDING FOR AN EFFECTIVE
DATE.
Town Clerk Oakes read Resolution No. 15-012 R into the record.
Town Manager Brown—All Advisory Boards are established by Resolution. The meetings of the
Financial Advisory Board will occur when called for by the Town Manager. If the Town
Commission instructs me to have the Financial Advisory Board investigate a certain topic, then I
will call a meeting.
MOTION: Commissioner Feldman moved to adopt Resolution No. 15-012 R. Motion was
seconded by Commissioner Stern.
ROLL CALL:
Commissioner Feldman - Yes
Commissioner Stern - Yes
Commissioner Zelniker - Yes
Vice Mayor Weitz - Yes
Mayor Featherman - Yes
Motion carried 5 to 0.
C) RESOLUTION NO. 15-013 R
A RESOLUTION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING
RESOLUTION 805 OF THE TOWN OF HIGHLAND BEACH, FLORIDA
ESTABLISHING THE BEACHES & SHORES ADVISORY BOARD TO CLARIFY
WHEN MEETINGS MAY BE HELD; PROVIDING FOR SEVERABILITY ; PROVIDING
FOR THE REPEAL OF RESOLUTIONS IN CONFLICT; PROVIDING FOR AN
EFFECTIVE DATE.
Town Clerk Oakes read Resolution No. 15-013 R into the record.
Town Manager Brown—This resolution is the same as the one for the Financial Advisory Board.
We are deleting Section 4 of Resolution No. 805 in its entirety and replacing it with the
following: "Meetings of the Beaches & Shores Advisory Board shall occur as called for by the
Town Manager".
MOTION: Vice Mayor Weitz moved to adopt Resolution No. 15-013 R. Motion was seconded
by Commissioner Feldman.
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Tuesday,December 1.2015 Paee 6 of 11
ROLL CALL:
Vice Mayor Weitz - Yes
Commissioner Feldman - Yes
Commissioner Zelniker - Yes
Commissioner Stern - Yes
Mayor Featherman - Yes
Motion carried 5 to 0.
6. CONSENT AGENDA:
Town Clerk Oakes read the Consent Agenda into the record, and noted for the record that Vice Mayor
Weitz removed Item E from the Consent Agenda.
A) Appointment of Robert Klupt on the Beaches & Shores Advisory Board for a three-year term
(ending November 2018).
B) Re-Appointment of Katharina Braun on the Beaches & Shores Advisory Board for three year
term ending (November 2018).
C) Resolution 15-011 R
A RESOLUTION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING
RESOLUTION NO. 14-006 R WHICH APPROPRIATED FUNDS FOR THE 2014-2015
FISCAL YEAR BUDGET, WHICH BEGAN OCTOBER 1, 2014 AND ENDS SEPTEMBER
30, 2015.
D) Cancellation of Maintenance Agreement with Utility Service Group.
E-) Appr-eval of Updates to the-Reff-seffliffleal Rules and Regulations.
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F) Minutes:
• October 27, 2015 -Workshop Meeting
• November 03, 2015 -Regular Meeting
MOTION: Vice Mayor Weitz moved to accept the Consent Agenda as read. Motion was
seconded by Commissioner Stern.
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Tuesday,December 1,2015 Page 7 of 11
ROLL CALL:
Vice Mayor Weitz - Yes
Commissioner Stern - Yes
Commissioner Zelniker - Yes
Commissioner Feldman - Yes
Mayor Featherman - Yes
Motion carried 5 to 0.
7. NEW BUSINESS:
A) Review and Approval of the Library Facility Use Policy
Town Manager Brown — There are a number of instructors in the Library that are being paid by
the residents. The Town Commission instructed me to prepare a policy for the Library use,
which I have presented to you. The policy has been reviewed by the Town Attorney and the
Interim Library Director and would require final approval from the Town Commission (the
policy was read into the record and attached as "Exhibit A").
Commission Discussion:
Comm. Stern — The policies seem fair. The funds we will charge, and the applications needed
for the background checks, are in line with what we are trying to accomplish.
Vice Mayor Weitz — Regarding the Independent Contract Agreement, is there a time frame for
terminating the agreement? Town Attorney Torcivia — No. 14-Termination: Either party may
terminate the agreement upon 15 days written notice.
Comm.Zelniker—I want to thank Town Manager Brown and Interim Library Director Hayes for
a fine job in preparing this policy.
Comm. Feldman — Who is accountable for the fees charged by the instructors? Town Attorney
Torcivia— You do not want the Town of Highland Beach to become the employer, so it should
be between the instructor and their client. Comm. Feldman — Could this policy expand into the
use of the Town Hall Conference Room; should there be an overflow from the Library? Town
Attorney Torcivia—The focus was the Library,but it could be adapted for any Town facility.
MOTION: Vice Mayor Weitz moved to approve the Library Facility Use Policy as written.
Commissioner Zelniker seconded the motion.
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Tuesday,December 1,2015 Page 8 of 11
ROLL CALL:
Vice Mayor Weitz - Yes
Commissioner Zelniker - Yes
Commissioner Feldman - Yes
Commissioner Stern - Yes
Mayor Featherman - Yes
Motion carried 5 to 0.
B) This item was redacted by Commissioner Feldman. Discussion ensued during item No. 2-Public
Comments and Requests.
8. MISCELLANEOUS ITEMS—LEFT OVER:
A) Discussion on Approval for the Updates to the Personnel Rules and Regulations
Vice Mayor Weitz — I removed this item from the Consent Agenda because I feel we need to
review the entire Personnel Rules and Regulations Policy at a future meeting. There are items
that are unclear to me, especially the longevity pay scale, and I would like to have clarification.
Comm. Stern — At our last meeting, we agreed to review the entire Personnel Rules and
Regulations Policy in January. We also agreed to put the three items listed on the Consent
Agenda; therefore, I see no reason not to go further with it at this point.
Comm. Feldman — The item listed regarding an employee working if collecting workmen's
compensation or disability should be eliminated, since it is considered a felony. Town Manager
Brown — The workmen's compensation, disability and sick leave are already in the policy. We
are adding in compassionate leave. Town Attorney Torcivia— It is prohibited to work while on
workmen's compensation, disability, sick leave, and now we are adding in compassionate leave.
The point is to make sure the employees are aware of this. Their signature is required when
receiving the policy.
Vice Mayor Weitz — Why is there a separate category for 12 years under longevity pay? Town
Manager Brown — It was included in the longevity program when you adopted the budget. Vice
Mayor Weitz — I am in agreement with everything but the 12`h year and request that we remove
this from the longevity pay program.
Town Attorney Torcivia— We are hearing your comments. When we come back in January, we
will be including some of your comments in the revisions.
Town Manager Brown — Would the Commission adopt one procedure at this time, which is
Article VII— Outside Employment, Section 1, General Prohibitions? You are prohibited to work
on compassionate leave, but you could work on vacation leave.
MOTION: Commissioner Feldman moved to adopt Article VII—Outside Employment. Motion
was seconded by Vice Mayor Weitz,which passed unanimously.
Town Commission Regular Meeting Minutes
Tuesday,December 1,2015 Page 9 of 11
9. REPORTS—TOWN COMMISSION:
A) Commissioner Zelniker—Regarding the issue of propane tanks, do we have someone who will
inspect these tanks? Town Manager Brown — I will be discussing this with the Building
Department to be sure that 811 is called prior to any permit being issued. Most of these tanks are
on the older properties and are used for heating the pools. If the pool is filled in, there is no way
of knowing there is a propane tank there. Comm. Zelniker — We need to change our code to
include fencing around the entire construction site. Does this have to be done by ordinance, and
can it be done immediately? Town Attorney Torcivia—We would have to place an ordinance to
this effect on an agenda. Town Manager Brown — I will also discuss this with the Building
Department to see if they can ask the construction manager to place a fence on all four sides until
an ordinance is adopted. Comm. Zelniker — Regarding Elyse Riesa's comment, we did give a
three percent (3%) increase to our employees. There are employees who told me they were very
happy with their package, and very happy working for the Town. I would like to wish all the
residents, employees and fellow Commissioners a very happy holiday season and a healthy and
happy New Year.
B) Commissioner Feldman — The concerned residents on Intracoastal Drive should meet with the
Code Enforcement Officer to discuss the construction issues. December 7t' is our Light up the
Holidays and we are collecting unwrapped toys, and hope to see everyone there.
C) Commissioner Stern—The staff has done a great deal of work for the Light up the Holidays, and
they have been phenomenal. The Dimensional Harmony Choir will be performing, and they have
been asked to perform in London on December 27b. We will be providing envelopes for
donations for their trip to England since they are not being funded by the school. Happy and
healthy holidays to all, and peace on earth for all mankind.
D) Vice Mayor Weitz — I want to thank the Town Manager, Town Attorney and staff for their hard
work in putting the Personnel Rules and Regulations Policy together. I also want to compliment
Commissioners Stern and Feldman and the staff for their work on Light up the Holidays. They
have done an excellent job. The Dimensional Harmony Choir will be a special treat for all to
hear. A safe, happy and healthy holiday season to all.
E) Mayor Bernard Featherman —Happy and healthy holiday season to all. Coffee with the Mayor
will be held on Wednesday, January 13, 2016 at 9:30 AM in the Library. This will be the time for
residents to voice their concerns.
10. REPORTS—TOWN ATTORNEY GLEN TORCIVIA:
Happy and healthy holiday season.
11. REPORTS—TOWN MANAGER BEVERLY BROWN:
Town Commission Regular Meeting Minutes
Tuesday,December 1,2015 Page 10 of 11
The Fundraiser event sponsored by the Friends of the Library is this Friday night from 5:00 to 7:00
PM. Light up the Holidays is Monday, December 7t'at 5:00 PM. There will be lots of treats and
surprises. Happy and healthy holiday season.
12. PUBLIC COMMENTS AND REOUESTS RELATED TO AGENDA ITEMS DISCUSSED AT
MEETING ONLY:
George Kelvin, 4740 Braemar Isle—Has St. Lucy's Church given permission to park on their property
for Light up the Holidays? Town Clerk Oakes — Yes they have. If anyone needs assistance from St.
Lucy's to Town Hall, please contact the Clerk's Office and we will arrange to have someone pick you
up and bring you here. Ron Clark will provide a golf cart for transportation.
Peggy Gossett Seidman, 4312 Intracoastal Drive — The code for fencing specifically states that the
fence should be on all four sides of the property (read the code, and believes it needs clarification).
The property where the propane tank ruptured has been under construction three times in the last six
years,which means three builders have missed the tank. There has to be a better system in place.
Tim Burnich, 4505 S. Ocean Blvd. — Nothing has come before the Code Enforcement Board for at
least two years for us to look at and adjudicate. We have had people question this several times, and
are concerned things are not being processed properly. We used to get a quarterly Code Enforcement
report from the Code Enforcement Officer showing the different actions she was involved in. There
was also a monthly Building Department report showing how many permits were issued, but have not
seen any lately.
13. ADJOURNMENT:
There being no further business to come before the Commission, Mayor Featherman called for a
motion to adjourn the Regular Meeting at 3:00 PM.
MOTION: Vice Mayor Weitz moved to adjourn the meeting at 3:00 PM. Motion was seconded by
Commissioner Stern which passed unanimously.
APPROVED:
Town Commission Regular Meeting Minutes
Tuesday,December 1 2015 Pa a 11 of 11
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TOWN OF HIGHLAND BEACH LIBRARY FACILITY USE POLICY
This policy is intended to give guidance to staff and users of the Library regarding the use
of certain rooms by Independent Contract Instructors and Volunteer Program Presenters.
Independent Contract Instructors are instructors who charge patrons for the class or service being
offered while Volunteer Program Presenters do not charge or receive any form of payment for
the class or service.
Independent Contract Instructor
In order to become an independent contract instructor for the Town, a potential instructor must
first enter into an Independent Contractor Agreement with the Town. The term for each
agreement shall not exceed a one year period.
Volunteer Program Presenter
In order to become a volunteer program presenter,the person shall complete a volunteer program
presenter application.
Courses Offered
Returning instructors will not be able to automatically continue to teach the prior year's class
without submitting a new Independent Contractor Agreement or Volunteer Program Presenter
application. Submitting an agreement/application does not guarantee that the course will
automatically be approved and/or allowed. There is no exclusivity to instructors/presenters or the
courses they teach.
Class and Supply Fees
All Independent Contract Instructors set their class fees and shall be responsible for providing all
supplies needed for a class.
Library Room Rental Fee
All Independent Contract Instructors shall pay a room rental fee as follows, for a small room the
fee shall be ten dollars ($10.00) per month and for a large room the fee shall be twenty dollars
($20.00) per month. Such fees shall be due and payable on a quarterly basis at the beginning of
each quarter(January 1, April 1, Julyl and October 1). There shall be no proration of fees. If a
room is used at any time during the quarter, the entire quarterly fee shall be due prior to the use
of the Library. No usage of the room shall be permitted until all fees are paid.
Volunteer instructors shall not be charged any room rental fee for their classes.
Instructor Payment
Each Independent Contract Instructor shall collect their class fees. The Town shall not be
involved in any collection of fees for the Independent Contract Instructor classes.
Registration
Independent Contract Instructors shall be responsible for registering all participants for their
classes. The library staff may register participants for Volunteer Program Presenter classes.
Registrations for volunteer classes are processed on a first come first serve, Town residency
priority basis.
Absences,Substitutes, Cancellations Governing Independent Contract Instructors
If an instructor is ill or unable to meet with their class, the instructor must notify the library staff
as soon as possible but no later than one hour prior to the start of class. It is the instructor's
responsibility to notify the participants of a class cancellation of this nature. If an instructor has
made arrangements for a substitute the library must be notified no later than one hour prior to the
start of class. All substitutes for classes/programs conducted by an independent contractor must
have an approved agreement on file, must provide proof of insurance coverage, and must have
paid, completed, and passed a background screen before performing services. The Town
reserves the right to cancel, combine, or divide classes/programs; to change the time, date, or
place of classes/programs; to change the instructor; and to make other changes which become
necessary to ensure a quality experience for the participants.
Course Times
Instructors are responsible for providing instruction for the specified number of hours as set forth
in the Independent Contractor Agreement.
Library Room Usage
Classes or programs are held in the community rooms located in the Town of Highland Beach
Library. All independent contract instructors will be allowed to set up their rooms/activity area
15 minutes prior to the beginning of class/program activities. The instructor must always leave
the room/activity area in the condition in which it was found. This means cleaning up any
materials and placing any furniture and/or equipment back in its original location after the
class/program ends. Instructors may not use any Town owned property including copy
machines, fax machines, computers, materials, and/or equipment without prior written approval
of the library staff. All equipment, materials, and copies shall be provided at the instructor's
expense.
Volunteer program presenters may have the room set up by Town staff, depending upon
availability.
Accident and Incident Reports
All accidents and incidents, no matter how minor they appear, should be reported by the
instructor/presenter. The instructor/presenter must notify a Library staff member immediately of
such occurrence.
Americans with Disabilities Act(ADA)
The ADA is federal legislation, which gives civil rights protection to individuals with disabilities
similar to those rights provided to individuals based on race, sex, national origin, and religion. It
guarantees equal opportunity for individuals with disabilities in employment, public
accommodations,transportation, local and state government services and telecommunications.
It is the policy of the Town of Highland Beach to fully comply with the provisions of the ADA
and to make reasonable accommodations to individuals with vision, or hearing impairments or
other disabilities so that they can have an equal opportunity to participate or benefit.
Promoting your classes
All advertisement materials utilized to promote your classes must be approved by the Town.
VOLUNTEER PROGRAM PRESENTER APPLICATION
Name:
Address:
E-Mail Address:
Day Time Phone: Evening Phone:
Emergency Contact Information(Please list someone outside of your home):
Name: Address:
City: State:_Zip: Home Phone: �) -
Relationship To Applicant Work Phone:
What class or service will you be providing
Voluntary Release of the Town of Highland Beach from Liability:
I am an adult over 18 years of age and I wish to participate in volunteer activities. I understand
that even when every reasonable precaution is taken, accidents can sometimes still happen.
Therefore, in exchange for the Town allowing me to participate in Town volunteer activities, I
understand and expressly acknowledge that I release the Town and its staff members from all
liability for any injury, loss or damage connected in any way whatsoever to my participation in
Town volunteer activities, whether on or off the Town premises. I understand that this release
includes any claims based on negligence, action or inaction of the Town, its staff, participants
and guests.
I HAVE READ,UNDERSTOOD,AND AM VOLUNTARILY AGREEING TO AND
SIGNING THIS AUTHORIZATION AND RELEASE.
Date:
Printed Name of Volunteer
Signature of Volunteer
INDEPENDENT CONTRACTOR AGREEMENT
This Independent Contractor Agreement (hereinafter referred to as "Agreement") is made and
entered into this day of , 20 by and between the Town of Highland Beach,
Florida (hereinafter referred to as "Highland Beach") and , (hereinafter
referred to as"Contractor")whose address is
The Contractor is(check one):
()a sole proprietor,
()a corporation existing under the laws of ,
()a Limited Liability Company existing under the laws of ,
()a Partnership existing under the laws of ,
()a Limited Liability Partnership, existing under the laws of
and the Contractor's Social Security Number is if an individual or Federal
Tax Identification Number is if an Ingly.
RECITALS:
WHEREAS, Contractor desires to be an Independent Contractor for the Town of Highland
Beach on the terms and conditions more particularly provided for below.
NOW, THEREFORE in consideration of the mutual promises contained herein and other good
and valuable consideration of which the parties hereto acknowledge the parties agree as follows:
(1) Services. The Contractor agrees to provide Highland Beach with the following
services:
on the following dates/schedule:
The term of this Agreement shall commence upon the execution and be for a period of one year,
unless terminated by either party.
(2) Relationship. The parties agree and acknowledge that Contractor is an independent
contractor and is not an employee or agent of Highland Beach for any purpose. The services to
be provided by Contractor are not typically considered an integral part of Highland Beach's
normal governmental functions. Rather, the programs or classes are offered on an ad-hoc basis.
The relationship between Highland Beach and Contractor is dependent on the programs or
classes offered by the Contractor at any given time, and may be short-term or limited to a single
class or program. It is understood and agreed that nothing contained in this Agreement shall be
deemed or construed as creating any other business relationship, partnership, or joint venture or
other type of relationship between Contractor and Highland Beach. In no event shall Contractor
be considered an employee or agent of Highland Beach.
(3)Manner of Performance.
a. Contractor warrants that he/she is fully skilled, experienced and licensed (if
applicable) in the above described services, and that Highland Beach shall rely
upon him/her/it to perform the expected services lawfully and in a manner
consistent with the highest professional standards and ethical conduct.
b. Contractor is responsible for the satisfactory performance of the above described
services.
C. Contractor shall perform the above described services without any additional
training, direction, supervision, or control on Highland Beach's part, except that
Highland Beach retains the right to specify from time to time the results to be
achieved. Highland Beach also retains the right to confirm that the expected
standards are met and results achieved, as well as to call to Contractor's attention
and to direct correction of any deviation from the expected standards or results.
d. Highland Beach may approve or disapprove of the quality of services provided by
Contractor at its sole discretion.
e. The qualifications of and services to be provided by Contractor under this
Agreement are unique and may not be provided by any other individual or entity
without prior written approval from Highland Beach, which approval may be
withheld in Highland Beach's sole discretion. However, entities may assign its
qualified employees to perform such services provided contractor's employees are
fully skilled, experienced and licensed(if applicable).
(4) Library Facility. Highland Beach shall provide to Contractor, the nonexclusive use of a
designated area in which Contractor may perform the services agreed to under this Agreement.
Highland Beach reserves the right to relocate this area to another area at its sole discretion.
Anything left after each activity cleanup will be treated as trash. Highland Beach will not be held
responsible for storing any personal equipment or supplies. The monthly fee for the use of a
small room at the Library shall be ten dollars ($10.00). The monthly fee for the use of a large
room at the Library shall be twenty dollars ($20.00). Such fees shall be due and payable on a
quarterly basis at the beginning of each quarter(January 1, April 1, Julyl and October 1). There
shall be no proration of fees. If a room is used at any time during the quarter, the entire quarterly
fee shall be due prior to the use of the Library. No usage of the room shall be permitted until all
fees are paid.
(5) Contractor's Responsibilities.
a. Provide Highland Beach with a program plan for the classes to be taught by
Contractor.
b. Prepare and distribute promotional announcements and materials for the classes to
be taught by Contractor.
C. Ensure that all program participants have executed a valid Participant Release and
waiver form and provide such forms to Highland Beach
d. Monitor and record attendance of all class participants for every class, and
provide Highland Beach with class attendance records.
e. Inspect the activity site prior to beginning each class. If any unsafe or hazardous
conditions are found, immediately report the conditions to Highland Beach and
postpone the program until further direction from Highland Beach.
f Immediately report all accidents or injuries to Highland Beach. A detailed
accident report must be completed by Contractor and submitted to the Library
Director, or his/her designee immediately after an accident, in accordance with
the Town's Safety Manual.
g. Comply with Highland Beach's policy regarding independent contractors as set
forth in this contract and any future policies that may develop and be
communicated either verbally or in writing from the Library Director or his/her
designee that are not in conflict with this agreement.
h. Clean up after each class or activity to restore the room to its original condition.
(6) Non-Exclusive Relationship. Neither Contractor nor Highland Beach has an exclusive
relationship with the other. Contractor is free to perform the above described services for any
other person or business, so long as this does not interfere with Contractor's satisfactory
performance of services for Highland Beach under this Agreement.
(7) Expenses. Contractor is responsible for all costs and expenses associated with performing
services under this Agreement. Highland Beach will not reimburse Contractor for any expenses
incurred by Contractor.
(8) Compliance with Federal. State and Local Laws. Contractor will comply will applicable
legal requirements, including all federal, state, municipal and local laws, rules,regulations,
orders,codes, ordinances, directives and standards.
9 Taxes.
a. Contractor is solely responsible for the reporting and payment of all pertinent
federal, state, and or local self-employment or income taxes, licensing fees, or any
other taxes or assessments levied by any governmental authorities on any earnings
made as a result of Contractor's independent contractor relationship with
Highland Beach.
b. Contractor agrees to hold Highland Beach harmless for the payment of any and all
pertinent federal, state, and or local self-employment or income taxes, or other
assessments levied by any governmental authorities on any earnings made as a
result of Contractor's independent contractor relationship with Highland Beach.
In the event (1)that any state or federal governmental agency or court determines
that the relationship between Highland Beach and Contractor is one of
employment rather than contract, and (2) as a result of that determination,
Highland Beach is required to pay social security or unemployment compensation
taxes or any other taxes, or any penalty with respect to Contractor for any period
of time prior to that determination, Contractor agrees to reimburse Highland
Beach to the extent of any refund to Contractor of taxes previously paid by
Contractor as a result of that determination.
(10) Licenses. Contractor warrants that he or she or it holds a federal employer identification
number, unless he or she is a sole proprietor who is not required to obtain a federal employer
identification number under state or federal requirements. Contractor warrants that it holds the
appropriate licenses required by the State of Florida to perform services hereunder and shall
submit copies of same to the Library Director. Contractor further warrants that it has paid for
any and all applicable county and/or municipal business tax receipts associated with performing
such services at Highland Beach's facilities.
(11) Insurance. Highland Beach is not liable for or responsible for the provision of worker's
compensation or unemployment compensation insurance for the benefit of Contractor or any of
Contractor's contractors, employees, or agents, if any. Further, to the extent required by
Highland Beach, Contractor shall provide Highland Beach with copies of his, her or its General
Liability Insurance, Professional Liability Insurance, Automobile Liability Insurance for hired
and non-hired vehicles and such other insurance as is required by Highland Beach and with such
deductibles as the Town requires.
(12)Indemnification.
a. Contractor understands and agrees that, with regard to Contractor's performance
of any and all services pursuant to this Agreement, Contractor assumes full
responsibility for its compliance with all federal, state and local laws, rules,
regulations, codes, directives, guidelines and ordinances which may govern or
regulate such services, Contractor's status, and Contractor's employment
relationship with others.
b. Contractor agrees to indemnify and hold Highland Beach and its elected officials,
principals, officers, directors, partners, agents, affiliates, related entities, and
employees harmless for and against any and all claims, suits, matters, causes of
action and judgments brought against either Contractor or Highland Beach, or for
liabilities, attorneys fees, or costs incurred by either Contractor or Highland
Beach, as a direct or indirect result of the parties' independent contractor
relationship, whether under workers' compensation laws, or under any other
federal, state, or local laws,rules, or regulations, codes ordinances, guidelines and
or directives.
(13)Background Investigation.
a. Contractor warrants and represents that he/she/it has not previously been accused
of, charged with, or convicted of any crimes or offenses involving sexual
misconduct or improprieties, or other offenses involving other immoral or
indecent behavior, or sexual crimes either in connection with work or off-duty
non-work related matters.
b. Contractor authorizes Highland Beach to investigate his/her/it criminal
background by obtaining an investigative criminal background report. Contractor
understands and agrees that an investigative criminal background report requires a
processing fee which shall be paid by Contractor. In addition, a photo
identification fee will be charged as well. Each additional year after fingerprints
are processed, a quick screen background check will be charged which will
include the photo identification update.
C. Contractor further understands that Highland Beach may contact his/her/its
previous clients or employers, and authorizes those clients or employers to
disclose to Highland Beach all information pertinent to his/her/its relationship
with them.
d. Before this Agreement shall become effective and Contractor shall be permitted
to instruct any class or program, Contractor must receive written confirmation
from Highland Beach that Contractor's criminal background and reference
information has been approved and that Contractor has been cleared to commence
the program.
(14) Termination. Either party may terminate this Agreement upon 15 days written notice.
Upon termination of this Agreement, Contractor agrees to return all property belonging to
Highland Beach. Regardless of the foregoing, Highland Beach reserves the right to cancel this
Agreement at any time and for any reason upon providing Contractor 24 hours notice.
(15) Disagreements and Disputes. In the event that either Contractor or Highland Beach
commences an action for damages, injunctive relief, or to enforce the provisions of this
Agreement, and either party prevails in any such action, the prevailing party shall be entitled to
an award of its reasonable attorneys' fees and all costs incurred in connection therewith as
determined by the court in any such action.
(16) Construction and Severability. Highland Beach and Contractor agree that this Agreement
shall be construed as if the parties jointly prepared it so that any uncertainty or ambiguity shall
not be interpreted against any one party and in favor of the other. If any provision in this
Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the
remaining provisions will nevertheless continue in full force and effect.
(17) Governing Law. This Agreement shall be governed in accordance with the laws of the
State of Florida, and venue for any action enforcing the terms of this Agreement shall be Palm
Beach County, Florida.
(18) Entire Agreement. This Agreement supersedes any and all agreements, either oral or
written, between the parties with respect to the rendering of services by Contractor for Highland
Beach, and contains the entire understanding with respect to the rendering of such services. No
other statements,promises,representations, or agreements, whether oral or written,which are not
contained in this Agreement are valid or binding, or have any affect on this Agreement. No
modifications to this Agreement shall be effective unless such modifications are in writing and
signed by both Contractor and an authorized representative of Highland Beach.
(19) Headings. The headings contained in this Agreement are for reference purposes only and
shall not affect the meaning or interpretation of this Agreement.
(20) Assignment. This Agreement may not be assigned without the written consent of the non-
assigning party. This Agreement is binding upon the parties hereto, their heirs, successors and or
assigns.
(21) Palm Beach County IG. In accordance with Palm Beach County ordinance number
2011-009, the Independent Contractor acknowledges that this Agreement may be subject to
investigation and/or audit by the Palm Beach County Inspector General. The Independent
Contractor has reviewed Palm Beach County ordinance number 2011-009 and is aware of its
rights and/or obligations under such ordinance.
(22) Public Records. To the extent applicable to Contractor, Contractor shall comply with all
public records laws in accordance with Chapter 119, Florida Statutes.
(23) Notices.
All notices hereunder must be in writing and, unless otherwise provided herein, shall be deemed
validly given on the date when personally delivered to the address indicated below; or on the
third (3'd) business day following deposit, postage prepaid, using certified mail, return receipt
requested, in any U.S. postal mailbox or at any U.S. Post Office; or when sent via nationally
recognized overnight courier to the address indicated below. Should Highland Beach or the
Contractor have a change of address, the other party shall immediately be notified in writing of
such change, provided, however, that each address for notice must include a street address and
not merely a post office box. All notices, demands or requests from Contractor to Highland
Beach shall be given to the Town address as follows:
Town of Highland Beach
Attn: Town Manager
3614 South Ocean Blvd.
Highland Beach, Florida 33487
All notices, demands or requests from Highland Beach to the Contractor shall be given to the
Contractor address as follows:
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly
authorized officials.
Dated this day of , 20—.
TOWN OF HIGHLAND BEACH INDEPENDENT CONTRACTOR
By: By:
Beverly Brown,Town Manager Print Name:
Town of Highland Beach
3614 S. Ocean Blvd.
Highland Beach, FL 33487