10/17/2012 Agreement DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE: October 24, 2012
TO: Sheryl Graham, Director
Monroe County Social Services
FROM: Pamela G. Hanc. cciA. C.
At the October 17, 2012, Board of County Commissioners meeting, the Board approved
the following:
✓ Item C8 Board recommended retroactive approval of 21st and 22nd Annual ADA
Celebration and to expend funds from the FKCPWD budget to cover celebration costs. Costs
associated with the annual events are $295.00 in 2011 and $320.00 in 2012. Total $615.00.
Enclosed is a copy.
Item C9 Board ratified Payment Plan Agreement with the Agency for Health Care
Administration pursuant to the settlement in the Florida Association of Counties, et. al., v. the
Florida Department of Revenue and the State of Florida Agency for Health Care Administration
(Medicaid billing) lawsuit. Enclosed is an original signed by Assistant County Attorney
Debbie Frederick.
Should you have any questions please do not hesitate to contact this office.
cc: County Attorney
Finance
File t/
c Zol 1
i
AGREEMENT FOR USE OF MONROE COUNTY FACILTITIES
2010 -2011 School Year
We the undersigned, agree to pay the District School Board of Monroe County, a rental fee of
$ 75.00 per day (School Board Policy 7510: Use of Facilities) for the use of The Ruth Alice
Campbell Cafetorium at STANLEY SWITLIK ELEMENTARY SCHOOL on Wednesday during the
hours of 10:00am — 2:00p.m. on the date of July 13, 2011.
We agree to pay any expenses including overtime expenses incurred by the Board for cafeteria
and custodial personnel (School Board Policy 7510: Use of Facilities). A cafeteria employee shall
be present whenever cafeteria kitchen facilities are used.
We will require the use of air conditioning for 4 hours and agree to pay $ 55.00 per hour for a
total of $ 220.00 . (School Board Policy 7510: Use of Facilities)
We agree to accept financial responsibility for repairing any damage to school property during
or connected with the use of the school facility involved.
In the event the renting agency is not a local organization but a group of promoters or non-
resident professional group, the rates are to be tripled.
Stan Switlik ElemPntary School Monroe CountV Disabili 'es Council
School Name o r aniz i 7
Mr. David Murphy, Principal Cindy McKnight, Represe to ve Signature
NOTE: Fee must be paid prior to the date of the facilit ,s to be a Q/(Q
Y i ( chool Board Poli
Make check payable to: Stanley Switlik School or Monroe County School Board
FEE: Rental: $ 75.00
AC: $ 220.00
Custodial Staff: $
Cafeteria Staff: $
TOTAL: $ 295.00
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FACILITIES USE AGREEMENT
MONROE COUNTY SCHOOL DISTRICT
This Facilities Use Agreement, dated as of July 9 , 2012 by and between the Monroe County School
District and ff.- Council for People with Qisabd
Subject to the provisions of this Agreement, the District authorizes the undersigned person /entity
to utilize School District Facilities:
To be completed by organization requesting use:
1. Name of Facility Requested: Ruth Alice Cam pbell Cafeteria. Stanlev Switlik Ele mentar
2. Date(s) requested: Wednesday. Ju 25, 2012
3. Specific area(s) requested: Cafeteria area and stage
4. Begin /End time of use: 10 a.m. — 2p.m.
5. Renting Organization: FK Council for People with Disabilities
6, Purpose of Activity, Community Awareness: 22nd Anniversary of the ADA
7, Liability Insurance: Yes: X No:
Certificate of Insurance Provided: Yes: X No: _ Rh
Waa
8. Person in Charge: _ , FK Council for People wet Disabilities
Address: 1100 Simonton Street Suite 1 -187 Key West, 33040
Phone: 305 -292 -4591
List specific needs such as number of chairs, AN equipment, music, additional custodial help, etc.:
No custodial services nor cafeteria staff required.
It is understood and agreed tha o alterations ma a made to the a ctricai system, ancillary
components, computers and /or other electronic equipment or any part of the facilities and the renting
organization will assume any liability and responsibility for damages to the property. .
I have received and understand School Bo Poli #7 10: Fa ' ities Usage.
i f
Monroe County Disabilities Council ,k s� � ,
Name of Organization fgnature Autho d Person Office Position
To. be completed by principal of facility: Date: b far �
Principal Approval Yes: XNo:
'Flrinoipal Signaiure. 04RO
Total charges listed below are to be paid by check to Monroe County School District:
Assignment of School Board staff:
Rate of Charge:
Personnel: (Name & Title)
Custodian;
Maintenance, etc.
Non - Certified Personnel:
Certified Personnel:
Other Personnel:
Usage Fee:
Classroom:
Auditorium /Cafeteria
Gymnasium:
Outdoor Fields:
Other:AC
Sales Tax:
$ per hour —
hours = $
$ per hour
_
hours = $
$ per hour
_
• .hours = $
$ per hour
hours = $ Y
$ per hour
hours = $
$
# of rooms
hours = $
$
of rooms 1
hours = $ 100.00
$
# of rooms
hours = 5
$
# of rooms
hours = $ "
$ 55,00
# of rooms 4
hours 20.00
Total Usage Fees Invoi0d: = $ 320.00
1,
Florida sales tax and any other applicable federal, county or municipals #a -bt= paid
lessee. For non - profit organizations, a copy of a Consumers Certificate of exemption is
pursuant to Chapter 212, Florida Statutes, and a copy of your tax I.D. number is required to
waive sales tax.
2. Ali rental activities must be supervised by an approved employee on the site. In addition,
kitchens must be supervised by an approved food service employee of the site. If the sound
system or other technical equipment is to be used, an authorized employee of that school site
most be contracted to operate the system.
3, A walkthrough must be completed before and after rental by the site supervisor or designee,
noting areas of concern or damages.
4. The use of alcohol /drugs or any illegal activities on Monroe County School District property is
strictly prohibited.
5. The facility must be used for the purpose as rented.
6. Lessee, at its expense, will provide and maintain in force during the entire lease term. broad
form comprehensive general liability insurance with limits of coverage not less than:
$1,000,000 for property damage loss from any one accident or occurrence; 51,000.000 for
personal injuries and deaths resulting from any one accident or occurrence: and $1,000,000
for injury or death of any one person from any one accident or occurrence. Said insurance will
cover Ioss or damage through public use of, or arising out of accidents or occurrences that
happen in or around, the leased Premises, and will include MCSD's contingent liability on such
Claims or losses. Said insurance will be written by an admitted insurance carrier authorized to
write such insurance in the state of Florida. Lessee will be listed as named insured. IVICSD
will be listed as additional insured and given 10 days prior notice of cancellation or
nonrenewal. Lessee agrees that if said insurance coverage is not kept in force during the
Page 2 of 5
entire term of this lease, and any extension thereof, MCSD may procure the necessary
insurance and pay the premium therefore. Such premium will be repaid to MCSD.
7. It is clearly understood that the only obligation of the MCSD is to provide the facility for the
event pursuant to the terms specifically stated in this agreement. All other obligations shall be
the sole responsibility of the lessee. The rented premises are to be returned to the MCSD in
the same condition provided to the lessee.
8. BASIC SERVICE CHARGE shall include use of the facility and usual and customary electric
costs during facility use.
9. ADDITIONAL SERVICE CHARGES shall include all extra maintenance,
10. PAYMENT: Full payment for the total cost of rental is due no later than three (3) days prior to
the day that the facility is to be used as listed above in this agreement. The deposit is required
at the time the agreement is forwarded to the MCSD. Delivery of payments is the sole
responsibility of the lessee. In the event th at the proper funds are not received the event will
be cancelled.
11. THE FIRE MARSHALL and the MCSD require that the posted occupancy load be strictly
enforced for all events held in the MCSD facilities, regardless of the type of event or number of
tickets sold for the event(s). Failure to comply with this mandatory life safety requirement may
result in a violation citation and/or cancellation of the event. and all amounts paid will be
retained by MCSD as liquidated damages for such breach.
12. CUSTODIAL — FACILITY CLEANING: Lessee shall be responsible for cleaning the facility
each day used. In the event the facility is left in a condition not acceptable to the MCSD's
representative, cleaning costs will be paid from the damage /cleaning deposit. Balance of
deposit will be refunded within 14 days after inspection of the facility.
13, OTHER: In the event an event is canceled without at least 48 hours notice, charges will be
incurred as though the event had taken place. A damage /cleaning deposit of not less than
0 shall be required for the use of the facility.
14. RELEASE HOLD HARMLESS AND INDEMNITY: The renter must also execute the attached
Release Hold Harmless and Indemnity Agreement for which renter acknowledges a separate
$10.60 price reduction already factored into the attached price schedule. The Hold Harmless
and Indemnity Agreement are included as pages five (5) and six (6) of this Agreement.
15. CHOICE OF LAW AND VENUE: In the event of any disputes involving this lease the parties
specifically agree to the application of Florida law and that venue for any action will be in
Monroe County, Florida.
16. PYROTECNICS PROHIISITED: The use of any fireworks, gun powder, pyrotechnics or other
flames, flammable or ignitable materials is strictly forbidden. Use of same will result in
immediate cancellation and all deposits being kept as liquidated damages.
17. Lessee /Facility User agrees that all charges will be paid using certified funds to the MCSD
upon execution of this agreement or no later than three (3) days prior to the day of rental. All
deposits required are due upon execution of this agreement.
Page 3 of 5
e.
1
18. lessee /Facility User understands that this agreement is made subject to ail of the terms and
conditions stated herein. Lessee agrees to conform to all said terms and conditions and be
bound thereby.
PRE - INCIDENT RELEASE AND WAIVER OF LIABILITY
AND
INDEMNITY AGREEMENT
In consideration of being permitted to use the Monroe County School District Property /Facilities
(Facilities) and for other valuable and good consideration not specifically contained herein, the
undersigned for himself /herself /itself /themselves and his /her /it's /their personal representatives,
assigns, heirs, and next of kin hereby:
1. express acknowledges and agrees that us of the FACILITY could involve the risk of serious
injury and /or death and /or property damage if equipment and /or activities are not undertaken in
a careful and prudent manner. In light of this and other, if any, risks associated with the use of
the FACILITY the undersigned hereby voluntarily assumes full responsibility for and all risk of
bodily injury, death and property damage while on or about the Monroe County School
District's premises regardless of any negligence of any other party especially (buff without
limitation) to any negligence of the Monroe County School District (MCSD) , their assigns,
successors in interest, officers, directors, employees, agents, attorneys, or any person,
persons, or entity (hereinafter MCSD individually and collectively) who may be responsible or
liable for the actions of the MCSD.
2. irrevocably and unconditionally releases, acquits, waives and forever discharges the MCSD.
their assigns, successors in interest, officers, directors, board members, employees, agents.
attorneys, or any person, persons, or entity who may be responsible or liable for the actions of
the MCSD of any and all charges, complaints, claims, liabilities, damages, actions, causes of
action, suits, rights, demands, costs, losses, debts and expenses (including reasonable
attorneys' fees and costs actually incurred) of any nature whatsoever, whether known or
unknown, suspected or unsuspected, arising out of or in any way related to any personal injury
(including, but not limited to, bodily injury and death) or property damage suffered by the
undersigned in connection with utilizing the FACILITY, or while on or about the MCSD's
premises, regardless of any negligence of any other party especially (but without limitations) to
any negligence of the MCSD, their assigns, successors in interest, officers, directors, board
members, employees, agents, attorneys, or any person, persons. or entity who may be
responsible or liable for the actions of the MCSD.
3. Undersigned (Renter) to Provide Defense against Claims and Suits` The undersigned steal!
indemnify, defined and hold harmless the MCSD and all of its officers, agents and employees,
from all claims, losses, damages, costs, charges or expenses arising out of any acts. action,
neglect, or omission by the undersigned during the performance of the lease, whether direct or
indirect, and whether to any person or property to which the MCSD or said parties may be
subject, except that the undersigned is not liable under this Sub article for damages arising out
of the injury or damage to persons or property directly caused or resulting from the sole
negligence of the MCSD or any of its officers, agents or employees. The indemnification
referenced above is capped and limited to the amount of the limit of the project insurance. The
parties hereby agree this limitation bears a reasonable commercial relationship to the contract:
Page 4 of 5
4. The undersigned's obligation to indemnify. defend and pay for the defense or at the MCSUs
opt to participate and associate with the MCSD in the defense and trial of any damage
claim or suit, and any related settlement negotiations, arises within seven days of the
undersigned's receipt of the MCSD's notice of claim for indemnification to the undersigned.
The MCSD will serve the notice of claim for indemnification by certified mail. The
undersigned's obligation to defend and indemnify the MCSD arises twenty -one days from
receipt of such notice and is not excused because of the undersigned's inability to evaluate
liability, or because the undersigned denies liability, If a judgment finding the MCSD solely
negligent is appealed and the finding of sole negligence is reversed. then the undersigned is
obligated to indemnify the MCSD for the cost of the appeal(s), pay all costs and fees related to
this obligation and to the MCSD's enforcement of this obligation. It is specifically agreed
between the parties executing this lease that it is not intended by any of the provisions of any
part of the lease to create in the public or any member thereof a third party beneficiary
hereunder, or to authorize anyone not a party to this Lease to maintain a suit for personal
injuries or property damage pursuant to the terms or provisions of the lease.
5. This agreement shall be governed by and construed in accordance with the laws of the State
of Florida and the undersigned agrees that the venue for any dispute arising out of or dealing
with the construction or interpretation of this agreement or any of the activities discussed
herein shall be Monroe County, Florida. If any provision of this agreement should conflict with
applicable law, said conflict shall not affect other provisions that can be given effect without the
conflicting provision, and to this end, the provisions of this agreement are hereby declared to
be severable.
6. The undersigned acknowledges that he /she /it/they, has /have executed this agreement as a
material inducement to the MCSD to allow the undersigned to utilize the FACILITY or while on
or about the MCSD's premises. The undersigned has read and voluntarily signed this
agreement and further agrees that no representations, statements or inducements, whether
written or oral, apart from the foregoing have been made.
Date of AGREEMENT: 2 1
„
�PWA
�krint Name)
Witnessed 13y;
/ Name
6
Address
Page 5 of 5
Revised: 11/16/11
BOARD OR COMMITTEE:
Commissioner Sylvia Murphy
Murray Nelson Government Center
102050 Overseas Hwy, Suite 234
Key Largo, FL 33037
Phone) 453 -8787
Appointed: 11/16/11
Term Expires: 11/2012
MONROE COUNTY
Florida Keys Council for People with Disabilities
Gay Hall
721 W. Indies Drive
Ramrod Key, FL 33042
Home) 872 -0546
Date Appointed: 4/16/08 (Replaced Michelle Wisniewski)
Term Expires: 7/18/2010
Stan Darczuk
57552 nd Street Gulf
Marathon, FL 33050
Work) 289 -0741 Cell) 731 -6488
Date Appointed: 12/20/06
Reappointed: 2/20/08, 2/16/11
Term Expires: 2/16/2014
Neil McMichael
606 Truman Ave. #1
Key West, FL 33040
Home) 295 -6608
keywestm(a)bellsouth. net
Date Appointed: 3/17/10
Reappointed: 6/16/10
Term Expires: 6/20/2013
Cynthia McKnight
264 Orange Ave.
Grassy Key, FL 33050
Home) 289 -0457 Work) 434 -9016
Date Appointed: 4/20/05 (replacing Lisa Kettleson)
Reappointed: 4/16/08, 4/20/11
Term Expires: 4/20/2014
Jerry Gaddis
9 Miami Drive
Key Largo, FL 33037
Work) 451 -4829
Email) JGaddis( a)-TropicalBusinessSolutions.com
Date Appointed: 8/17/11 (Fulfilling term of Bill Gordon)
Term Expires: 5/01/2013
District 1
District 2
District 3
District 4
District 5
James F. Schmidt Alternate
City of Marathon
Parks and Recreation Manager
10045 -55 Overseas Hwy.
Marathon, FL 33050
Home) 743 -8563 Cell) 481 -0767
Work) 743 -3598 Fax) 289 -5888
schmidt0)- ci.marathon.fl.us
Date Appointed: 5/16/07 by BOCC
Reappointment: 11/19/08, 11/16/11
Term Expires: 11/16/2014
Created: 08/02/85, Ordinance No. 024 -1985 ( "Advancement of the Physically Handicapped ")
07/07/87, Ordinance No. 021 -1987 Changed name to "FK Council for the Handicapped."
04/17/96, Ordinance No.023 -1996 Members were reduced from 12 members to 5. Each
Commissioner appointing one member of which two of the members shall be
handicapped.
10/16/96, Ordinance No.054 -1996 Provided for 1 alternate member for a 3 year term.
8/12/98, BOCC approved name change to "Florida Keys Council for People with
Disabilities ".
Terms: 3 years.
County Attorney
ORDINANCE NO 054 -1996
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, REVISING SECTIONS 2 -370 AND 2 -372,
MONROE COUNTY CODE, PROVIDING FOR AN ALTERNATE MEMBER;
REVISING SECTION 2- 373(B), MONROE COUNTY CODE; PROVIDING
FOR APPOINTMENT OF THE ALTERNATE MEMBER; PROVIDING FOR
SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES
INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE
MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING FOR AN
EFFECTIVE DATE
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF Jv10NR0
a o
FLORIDA, THAT: o T ,
� o
Section 1. Section 2 -370, Monroe County Code, shall be amended to read a ollovn
J 0
There is hereby created and established a commission to be
hereinafter entitled "Florida Keys Council for the Handicapped."
The number of persons on said commission to be appointed by
the Board of County Commissioners shall be five (5), plus one II I
designated alternate
Section 2. Section 2 -372, Monroe County Code, shall be amended to read as follows:
The original commission appointed under this article shall be
composed of one (1) member selected by each member of the
Monroe County Board of Commissioners. The Board of County
C ommissioners shall appoint a desi hated alternate to serve at
any regularly scheduled meeting of the Council for the
Handicapped only upon the inability of a quorum to be met in
the absence of said alternate
Section 3. Section 2 -373, Monroe County Code, subsection (b) shall be amended to
read as follows:
The initial appointments made to this commission shall be for a
period of time as is stated hereinafter, each Commissioner shall
appoint at least one (1) member to this commission from the
membership of the pre - existing Handicapped Commission,
h
selecting individuals who have been most active on the pre-
existing commission. These initial appointments shall serve out the
term of their appointment to the pre- existing commission.
Subsequent thereto, any and all appointments shall be for a
period of three (3) years. If any vacancy occurs on the
commission, the County Commission of Monroe County shall
appoint someone in the category designated to the remainder of
the unexpired term of office. One alternate voting member,
appointed by the Board of County Commissioners shall serve a
term of three (3) years
S ection 4. All ordinances or parts of ordinances in conflict herewith are hereby
repealed to the extent of such conflict.
Section 5. If any section, subsection, sentence, clause, item, change or provision of this
ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Se ction 6. This ordinance shall take effect immediately upon receipt of official notice
from the Office of the Secretary of State of the State of Florida that this ordinance has been filed
with said Office.
S ection 7. The Clerk of the Board is hereby directed to forward a copy of this
Ordinance to Municipal Code Corporation for incorporation into the Monroe County Code of
Ordinances.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
at a regular meeting of the Board held on the day of October , 1996.
Mayor Freeman
Mayor Pro Tern London
Commissioner Harvey
Commissioner Douglass
Commissioner Reich
ATTEST: DANNY L. KOLHAGE, CLERK
B A" C. "wr.7.
Deputy Clerk
yes
yes
7U- ff--
es
yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
B
Mayor/cogirman
APPROVED AS TO FORM
AND LE AL SUFFICI
9Y '`-
A U Cfy
DATE 6
� e
ORDINANCE NO. -1996
County Attorney
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,
FLORIDA, REVISING SECTIONS 2 -370 ET SEQ.; REVISING THE NUMBER OF PERSONS ON THE
FLORIDA KEYS COUNCIL FOR THE HANDICAPPED; REVISING THE SELECTION OF MEMBERS
AND TERMS; REVISING THE NUMBER OF PERSONS NECESSARY TO CONSTITUTE A QUORUM;
PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES
INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY
CODE OF ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1. Section 2 -370, Monroe County Code, shall be amended to read as follows:
There is hereby created and established a commission to be hereinafter entitled "Florida
Keys Council for the Handicapped." The number of persons on said commission to be
appointed by the Board of County Commissioners shall be #welye five 42} ll.
Section 2. Section 2 -371, Monroe County Code, shall be amended to read as follows:
Members who are appointed to this commission shall be representative of any and all
organizations and agencies that are dedicated to the advancement of the physically
handicapped or of individuals who have exhibited a dedication and an interest in
helping those persons who have physical handicaps. Two (2) members of this
commission, appeiflted by the Mayer, shall be physieelly handicapped and the other
ten (10) members of this commission may or may not be physieelly handicapped, using
the term "phy sieelly handicapped" to be defined as in the Code of Feder91 Regula ' ns.
Members of this commission shall either work in or be residents of Memo. CoaAty.
Members who serve on this commission should not be candidates for ektian to any
public office. �; '
Section 3. Section 2 -372, Monroe County Code, shall be amended to re_ follow:
-C �D
The original commission appointed under this article shall be composed of #% 46 ''one }
M members selected by each member of the Monroe County Board of Cemrtiission�s
and #we (2) who shell be seleGted by the Fnciy9F.
T_
m
-T+
U
z
C _
C)
Section 4. Section 2 -373, Monroe County Code, subsections (a) and (b) shall be amended
to read as follows:
{k;} j I The initial appointments made to this commission shall be for a period of time as is
stated hereinafter; each commissioner ke shall appoint at least t
one 1 members to this commission
from the membership of the pre- existing handicapped
commission, selecting individuals who have been most active on the pre- existing
commission. These initial appointments shall serve out the term of their appointment to
the pre- existing commission. Subsequent thereto, any and all appointments shall be for a
period of three (3) years. If any vacancy occurs on the commission, the county
commission of Monroe County shall appoint someone in the category designated to the
remainder of the unexpired term of office.
Section 5. Section 2 -374, Monroe County Code, shall be amended to read as follows:
At the initial meeting of the commission created herein, an election will be held wherein
the commission will select a chairperson, a vice chairperson and a secretary. It will take
sever three f74 j31 persons on this commission to constitute a quorum, which shall be
necessary to hold any meeting or take any action whatsoever. The first meeting of this
commission shall occur on the fourteenth day after the commission is so selected and
designated by the board of county commissioners and shall be presided over by a
temporarily elected chairperson, whose position and authority will be transferred to the
elected chairperson at the initial meeting. The chairperson of the commission will set the
date, time and place of all meetings, but a special meeting may be arranged upon the
call of at least three (3) members of this commission in writing. There should be at least six
(6) meetings per year. All Fninutes shell be kept by the seGi:etaicy E)Rd be paFt of the
Section 6. All ordinances or parts of ordinances in conflict herewith are hereby repealed to
the extent of such conflict.
Section 7. If any section, subsection, sentence, clause, item, change or provision of this
ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 8. This ordinance shall become effective upon filing in the Office of the Secretary of
State of the State of Florida.
Section 9. The Clerk of the Board is hereby directed to forward a copy of this Ordinance to
Municipal Code Corporation for incorporation into the Monroe County Code of Ordinances.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a
regular meeting of the Board held on the 1 7 t hday of April , 1996.
Mayor Freeman
yes
Mayor Pro Tem London
absen
Commissioner Harvey
yes
Commissioner Douglass
yes
Commissioner Reich
yes
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
By it I AL In
Dep Cle
BOARD OF COUNTY COMMISSIONERS
OF MONRQECOUNTY, FLO
APPROVED AS TO FORM By
AND LEG L SUFFICI Mayor /Choi n jordhandi
BY
U E A. O
DATE
ORDINANCE NO. 021 -1987
AN ORDINANCE REPEALING IN PART SECTION 2 -370
OF THE MONROE COUNTY CODE WHEREBY THE COMMIS-
SION FOR THE ADVANCEMENT FOR THE PHYSICALLY
HANDICAPPED SHALL HENCEFORTH AND HEREINAFTER
BE ENTITLED FLORIDA KEYS COUNCIL FOR THE
HANDICAPPED; PROVIDING FOR THE NUMBER OF
PERSONS ON SAID COMMISSION; PROVIDING FOR THE
APPOINTMENT OF PERSONS ON SAID COMMISSION;
PROVIDING FOR SEVERABILITY; PROVIDING FOR THE
REPEAL OF ALL ORDINANCES OR PARTS OF ORDI-
NANCES IN CONFLICT HEREWITH; PROVIDING FOR
INCORPORATION INTO THE MONROE COUNTY CODE;
AND PROVIDING FOR AN EFFECTIVE
WHEREAS, Monroe County has always wished to assist and aid
the physically handicapped in any and all ways that are legally
possibly; and
WHEREAS, the Board has created a body for purpose of aiding
these people, and the said body has been known as the Commission
for the Advancement of the Physically Handicapped; and
WHEREAS, the Board finds and does indicate that it is more
desirous that said commission henceforth be known as Florida Keys
for Handicapped; now, therefore,
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, as follows:
Section 1. Section 2 -370 Monroe County Code is hereby
amended to read as follows:
That there is hereby created and established a commission to
be hereinafter entitled "Florida Keys Council for the Handi-
capped." The number of persons on said commission to be appoint-
ed by the board of county commissioners shall be twelve (12).
Section 2. If any section, subsection, sentence, clause
or provision of this Ordinance is held invalid, the remainder of
this Ordinance shall not be affected by such invalidity.
Section 3. All ordinances or parts of ordinances in
conflict with this Ordinance are hereby repealed to the extent of
said conflict.
Section 4. The provisions of this Ordinance shall be
included and incorporated in the Code of Ordinances of the County
A
of Monroe, Florida, as an addition or amendment thereto, and
shall be appropriately renumbered to conform to the uniform
numbering system of the Code.
Section 5. This Ordinance shall take effect immediately
upon receipt of official notice from the Office of the Secretary
of State of the State of Florida that this Ordinance has been
filed with said Office.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the 7th day of July , A.D., 1987.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
(SEAL)
Attest:
'e2L
Cl erk
By 54
6�1' ayor airman
ADOPTED: July 7, 1987
FILED WITH SECRETARY OF STATE
EFFECTIVE DATE: 7 87
APPROVED AS TO FORM n
A D LEGAL SUff/C �NCy � '
8Y
Attorney's Office
K
Mayor Wilhelmina Harvey
ORDINANCE NO. 024 -1985
AN ORDINANCE ESTABLISHING A COMMISSION FOR
THE AID OF THE HANDICAPPEDS PROVIDING FOR THE
QUALIFICATIONS, APPOINTMENTS AND TERMS FOR
OFFICERS OF THIS COMMISSION, PROVIDING FOR
THE ORGANIZING OF SAID COMliISSION AND THE
PREROGATIVES AND POWERS OF THE COMMISSION,
PROVIDING FOR LIMITATIONS ON THE POWERS OF
THE COMMISSIONt PROVIDING FOR THE HELP AND
ASSISTANCE TO BE PROVIDED BY OTHER COUNTY
PERSONNELS PROVIDING FOR SEVERABILITYs
REPEALING ALL ORDINANCES OR PARTS OF ORDI-
NANCES IN CONFLICT HEREWITHS PROVIDING FOR
INCLUSION IN THE MONROE COUNTY CODE OF
ORDINANCESS AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, Monroe County wishes to assist and aid the phys-
ically handicapped in any and all ways that are legally possible.
and
WHEREAS, as an addition. the Board now desires to create a
body for the purpose of aiding these people, and the said body
dull be herein known as the Commission for the Advancement of
the Physically Bandicapped, and
WHEREAS, the Hoard finds and doss indicate that there i a
very definite problem concerning the physically handicapped in
Monroe County and that those persons should be afforded any and
all assistance that is legally possible. and
WBEREAS, such a Commission for the Advancement of the
physically Handicapped can play an important part in the lives of
those uufortunate people and shall from time to time propose to
the C isssisiida -either ordinances -or resoliStions . may hays
some significant impact of the everyday problems of these pbys-
ically handicapped individuals, now. therefore,
BE IT ORDAINED BY THE BOARD OF COUNTY comiSSIONERS of
MONROE COUNTY, FLORIDA, as follows
Section 1. That there is hereby created and established a
comaission to be hereinafter entitled "Commission for the Ad-
vancement for the Physically Handicapped." The number of persons
on said Commission to be appointed by the Board of County Commis-
sionera shall be as followss 12
Section 2. Members vho are appointed to this Commission
shall be representative of any and all organizations or agencies
that are dedicated to the advancement of the physically handi-
capped or of individuals who have exhibited a dedication and an
interest in helping those persons who have physical handicaps.
Two (2) Members of this Commission, appointed by the Mayor, shall
be physically handicapped and the other ten (10) members of this
Commission may or may not be physically handicapped. using the
term "physically handicapped" to be defined as in the Code of
federal Regulations. Members of this Commission rhall either
work or be residents of Monroe County. Members who serve on this
Commission should not be candidates for election to any public
office.
S ection 3. The original Commission appointed under this
Ordinance shall be composed of two (2) members selected by each
member of the Monroe County Board of County Commissioners and two
(2) who shall be selected in the following fashion* by the
Mayor.
Section 4. The Chairperson of this first Commission shall
be selected by the Aid to the handicapped Commission at its first
seating and shall serve in such capacity for a period of one (1)
yeas. As Chairperson this person shall be responsible for
advising individuals and organizations in Monroe County of tha
existence of this Commission and its purposes. It is provided
herein that when the appointments are made, both initially and at
later times or vacancies, at least two_nepwers of this Commission
shall have physical handicaps.
The initial appointments made: to this' Pommission'shall be
for a period of time as is stated hersinafters each Commissioner
from Districts 3 and 4 shall appoint at least wo (2) members to
this Commission for a term of one (1) years Commissioners from
Districts 1, 2, and S shall make appointments to this Commission
for a period of two (2) years and the at -large membership of this
Commission shall be appointed by the Mayor for a period of three
(3) years. Subsequent thereto, any and all appointments shall be
for a period of three (3) years. If any vacancy occurs on the
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Commission the County Commission of Monroe county shall appoint
someone in the category designated to the remainder of the Ilk
unexpired term of office.
Members of this Commission may be removed without cause only
by a mayority vote of the Hoard of County Commissioners. The
Commission herein appointed may discharge and remove a member
thereof vho has missed three (3) consecutive members without good
and Just reason. If one is removed from the Commission, the
Chairperson of the Commission shall certify the same to the Soard
of County Commissioners, and at that time it is deemed that the
vacancy will then occur for that particular position.
If vacancies occur on the Commission, the Commission itself
shall recommend at least three (3) persons to the Board of County
Commissioners, and from said list, the Board of County Commis-
sionsrs shall fill the vacancy. The terms of officers created
by this Ordinance shall commence on the lot day of January and,
consequently, the termination data of any and all appointments
will be on the 31st day of December.
section 5. At the initial meeting of the Commission
created bersia an election will be held wherein the Commission
will select a Chairperson, a Vice - Chairperson and a Secretary.
It will take seven (7) persons on this Commission to constitute a
quorum which shall be necessary to hold any meeting or take any -
action whatsoever. The first meeting of this Commission shall
occur on the 14th day after the Commission is so selected and
designated by the Board of County Commissioners and shall bo
presided over by a temporrrily elected Chairperson, whose
position and authority rill be transeired" to the' elected
Chairperson at that initial meeting. The Chairperson of the
Commission will set the date, time and place of all meetings, but
a special meeting may be arranged upon the call of at least four
(4) members of this Commission in writing. There shall be at
least six (6) meetings a year. All minutes shall be kept by the
Secretary and be part of the regular and permanent records of
this Commission. Ani and all meetings shall be public and shall
be properly noticed to the public.
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Section 6. No compensation shall be paid to people select.
ad to this Commission. but the Board of County Commissioners does
hereby provided that any legally incurred travel expenses going
back and forth to the Meetings of the Commission shall be com-
pensated.
Section 7. The Commission created hereunder shall have the
following powersi
a. Advise the Board of County Commissioners, and when
asked by the County Commission. make recommendations and
suggestions to the County administration on any and all Matters
that pertain to the status and handling of physically handicapped
persons' problems which shall include. but not be limited to,
discrimination against physically handicapped personsi the
employment of physically handicapped personst the vocational and
- manual training for physically handicapped p*rsonal the
determination of the transportation needs of the physically
handicapped personsi determine the attitudes toward the physical-
ly handicapped persons in the community, and in so doing, recom-
mend what is, in their judgment, a proper procedure to follow in
resolving this and then to report the various doings and findings
of the Commission to the Board of County Commissioners of Monroe
County.
b. Act in a liaison capacity between the Board of County
Commissioners of Monroe County and the people in this County who
are physically handicapped to the point of consulting with
representatives of this body from time to time as requested and
necessary in order to carry cut tiro Coamiusion's functions and
duties..
e. When necessary ind desirable. initiate studies and have
studies made which are in respect to the needs of the physically
handicapped, which shall include any discrimination or improper
actions toward the handicapped in this County and any method ro
investigate in such studies the employment. education. and
transportation and other problems relating to the physically
handieappedl to determine the difficulties involved in the
establishment of a residential center for physically handicapped
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a
personal the treatment of these people, recreational services and
other facilities for the ;;iysically handicapped and problems of
attitude or barriers toward the physically handicapped.
d. Formulate and recommend plans and programs for the
coordination of activities of all government entities and non-
governmental agencies dealing with problems of the physically
handicapped.
e. Serve as a resource facility to physically handicapped
persons and to those persons who are interested in advancing the
welfare of physically handicapped persons.
f. Solicit and accept funds from persons interested in the
activities of the Commission herein created so as to further the
carrying out of the duties and activities of this Commission for
the Advancement of the Physically handicapped.
g. Form other activities that relate to this Commission.
which &hall be referred to them by the Board of County Conais-
&Loners of Monroe County.
h. Annually prepare a report to be submitted to the Board
of County Commissioners reflecting and shoving the study activ-
ities that have been conducted at its request.
Section 8. It is understood that the powers, duties and
prerogatives of this Commission are only advisory. The right to
subpoena witnesses or compel the attendance of witnesses does not
exist with this Commission. and the Commission shall have no
power to appoint County offices or employees to make any
decisions or any determinations that have any effect upon the
acts and conduct of the business of this Cammiasi:.n.
The County Commission can. determine who and what members of
the staff in the administration of the County of Monroe shell be
involved in aiding this Commission where requested. The County
Administrator, at his discretion. may direct any staff member or
employee of this County. to aid this Commission in its activitiea
when requested.
Section 9 . If any section, subsection. sentence, clause or
provision of this Ordinance is held invalid, the remainder of
this Ordinance shall not be affected by such invalidity.
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Section 10 . All ordinances or parts of ordinances in con-
flict with this ordinance are hereby repealed to the extent of
any such conflict.
Section 11 . The provisions of this Ordinance shall be
Included and incorporated in the Code of Ordinances of the County
of Monroe. Florida, as an addition or amendment thereto, and
shall be appropriately renumbered to conform to the uniform
numbering system of the Code.
Section 11 This ordinance shall take effect upon receipt of
official notice from the Office of the Secretary of State of tho
State of Florida that this Ordinance has been filed with said
Mica.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the if 4 d, day of A.G. 1985.
(SEAL)
Attest a DAMX L =LI AGA Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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APPRO MASS roger
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ADOPTED -
FILED WITH SECRETARY OF STATE
EFFECTIVE GATE:
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