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FY2014 11/20/2013Turnkey Event Agreement THIS Agreement is made and entered into by and between Monroe County, Florida, a political subdivision of Pie state o Florid ( "County "), and Bauer Restaurant, Inc. ( "Event Contractor ") on this 9 0 ` gay of 2013. WITNESSETH: In consideration of the mutual covenants contained herein the parties agree as follows: 1. Payment A Turnkey event shall be considered an all- inclusive event where the Event Contractor has financial responsibility for every facet of the production, promotion and management of the event. Payment under a contract for a Turnkey event will be made only after completion of the event and proof that the scope of services as described below in paragraph 2 has been completed. If a Turnkey event is delayed or canceled for any reason, no payment shall be forthcoming, even if the. Event Contractor has out -of- pocket expenses leading up to the actual event. The Tourist Development Council (TDC), therefore, strongly recommends that the Event Contractor purchase insurance that covers the cancellation or delay of an event due to "force majeure" or unforeseen circumstances (see paragraph 8). The County agrees to pay $100,000 (One Hundred Thousand Dollars — TDC District I Funding Allocation) for: Key West Songwriters Festival in April /May, 2014 from tourist development tax funds upon receipt of documentation from Event Contractor, on or before the expiration date of agreement in paragraph 3, that they have met its obligations under this agreement. Said documentation shall also include samples of the Event Contractor's marketing program as outlined in their application. Documentation submitted by Event Contractor will be reviewed and verified by the Tourist Development Council (TDC) Administrative Office, at which time, County shall pay the sum noted above. Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the County. 2. Scope of Services The Event Contractor agrees to provide the County with an event as specified in the Scope of Services below (Event): a). Opening Party for Songwriters b). Six (6) paid concerts at various locations in Key West c). Twenty (20) free shows at various locations in Key West d). Closing show 3. Expiration of Agreement This agreement expires on July 30, 2014 and the County shall not be obligated to pay for any services provided by Event Contractor under this agreement if documentation as noted above is not received on or before this expiration date. Key West Songwriters Festival Tumkey Funding FY 2014 ID #: 1272 4. Modification Any changes to this contract may be made only by written mutual agreement, recommended by the TDC and approved by the County. 5. Non Occurrence of Event The Event Contractor shall give written notice to the Monroe County Tourist Development Council if it is found necessary to cancel an event. The notice shall contain the reason for the cancellation. 6. Indemnification and Hold Harmless The Event Contractor covenants and agrees to indemnify and hold harmless and defend Monroe County, its officers, employees and agents including the Tourist Development Council and Visit Florida Keys from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of the services provided by Event Contractor, or other activities and funding associated with this agreement, except those losses or damages caused by County or its agents. 7. Claims and Venue Event Contractor agrees to notify County immediately of any claims suits, or action made against the Event Contractor that is related to the activity under this agreement, and will cooperate with County in the investigation arising as a result of any action, suit, or claim related to this agreement. Any legal proceedings arising out of this agreement shall be in accordance with the laws of the State of Florida in the 16 Judicial Circuit for Monroe County; venue shall be in Monroe County, Florida. 8. Insurance Requirements Event Contractor as a pre- requisite of the Special Event governed by this agreement shall obtain, at its own expense, insurance as specified in this section. If a Turnkey event is delayed or canceled for any reason, no payment shall be forthcoming, even if the Event Contractor has out -of- pocket expenses leading up to the actual event. The TDC, therefore, strongly recommends that the Event Contractor purchase insurance that covers the cancellation or delay of an event due to "force majeure" or unforeseen circumstances. Event Contractor shall furnish the County with a certificate evidencing the insurance required by this paragraph not later than twenty (20) days prior to the event Event Contractor must have their insurance agency email the certificates of insurance directly to Maria Slavik in the Monroe County Risk Management Department. Slavik- Maria(a)-MonroeCounty- FL.Gov — The email must state that this is a certificate for a TDC event (state name of event as written within your contract) and should be forwarded to Maxine Pacini at the TDC administrative office. Your certificate must state that the Monroe County Board of County Commissioners is a "Certificate Holder" and that Monroe County, its employees and officials will be included as "additional insured ". If you or your insurance agency needs to speak with Maria Slavik regarding the insurance requirements, she can be contact by telephone at (305) 295 -3178, or by email at the address stated above. Key West Songwriters Festival Tumkey Funding FY 2014 ID #: 1272 2 It is the Event Contractor's responsibility to confirm that the insurance has been received and approved. You can do this by contacting Maxine Pacini at AdminAsst(a-fla- keys.com or by calling (305) 296 -1552. Event Contractor will not be permitted to commence work associated with the Event (including pre- staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to the County as specified below. Event Contractor shall maintain the required insurance throughout the entire duration of the Special Event and any extensions specified in any attached schedules. Failure to comply with this provision may result in the immediate suspension of the Event until the required insurance has been reinstated or replaced. Event Contractor shall provide, to the County, as satisfactory evidence of the required insurance, either: Original certificate of Insurance or Certified copy of the actual insurance policy A certified copy of any or all insurance policies required by this contract shall be filed with the Clerk of the County prior to the Event. All insurance policies must specify that they are not subject to cancellation, non - renewal, material change or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the County by the insurer. Acceptance and /or approval of Event Contractor's insurance shall not be construed as relieving Event Contractor from any liability or obligation assumed under this contract or imposed by law. Any deviations from these General Insurance Requirements must be requested in writing on the County form titled "Request for Waiver of Insurance Requirements" and must be approved by Monroe County Risk Management. Prior to commencement of work governed by this contract, Event Contractor shall obtain General Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum: Premises Operations Products and Completed Operations Blanket Contractual Liability Personal Injury Liability Expanded Definition of Property Damage The minimum limits acceptable shall be: $1,000,000.00 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: Key West Songwriters Festival Tumkey Funding FY 2014 ID #: 1272 3 $ 500,000.00 per Person $1,000,000.00 per Occurrence $ 100,000.00 Property Damage An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported should extend for a minimum of twelve (12) months following the acceptance of work by the County. Recognizing that the work governed by this contract involves the sales and /or distribution of alcoholic beverages, the Contractor's General Liability Insurance policy shall include Liquor Liability with limits equal to those of the basic coverage. A separate Liquor Liability policy is acceptable if the coverage is not more restrictive than the contractor's General Liability policy. A Workers' Compensation insurance is required by Florida Statutes. 9. Permits The Event Contractor will secure all required permits, licenses and shall pay all appropriate business taxes. 10. Laws and Regulations Any and all services, materials and equipment shall comply fully with all Local, State and Federal laws and regulations. 11. Taxes The County and TDC are exempt from Federal Excise and State of Florida Sales Tax. 12. Finance Charges The County and TDC will not be responsible for any finance charges. 13. Relation of County/TDC It is the intent of the parties hereto that the Event Contractor shall be legally considered as an independent contractor and that neither it nor its employees shall, under any circumstances, be considered servants or agents of the County and TDC, and the County and TDC shall at no time be legally responsible for any negligence on the part of said Event Contractor, its employees or agents, resulting in either bodily or personal injury or property damage to any individual, firm or corporation. 14. Disclosure The Event Contractor shall be required to list any or all potential conflicts of interest, as defined by Florida Statutes Chapter 112 and Monroe County Code. The Event Contractor shall disclose to the County and TDC all actual or proposed conflicts of interest, financial or otherwise, direct or indirect, involving any client's interest which may conflict with the interest of the County and TDC. 15. Assignment The Event Contractor shall not assign, transfer, convey, sublet or otherwise dispose of this agreement, or of any or all of its right, title or interest therein, or his or its power to execute such agreement to any person, company or corporation without prior consent of the TDC and County. Key West Songwriters Festival Tumkey Funding FY 2014 ID #: 1272 4 16. Compliance with Laws - Nondiscrimination The Event Contractor, shall comply with all federal, state and local laws and ordinances applicable to the work or payment for work thereof, and shall not discriminate on the grounds of race, color, religion, sex, age, or national origin in the performance of work under this agreement. This agreement shall be subject to all federal, state, and local laws and ordinances. 17. Security Protection The Event Contractor agrees to provide adequate security for the event. 18. Ethics Clause The Event Contractor warrants that it has not employed, retained or otherwise had act on its behalf, any former County office or employee in violation of Section 2 or Ordinance No. 10 -1990 or any County officer or employee in violation of Section 3 of Ordinance No. 10 -1990. For breach or violation of the provision the County may, at its discretion terminate this agreement without liability and may also, at its discretion, deduct from the agreement or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former or present County officer or employee. 19. Media rights The TDC shall have the right to broadcast, rebroadcast, use, reproduce or transmit for any purpose whatsoever, radio, television, pictures, sound, film and tape motion pictures and still photographs paid by the County and TDC under this agreement. 20. Ownership All advertising and promotion work performed under the agreement and paid for by the County and TDC shall be the property of the County and TDC, for whatever use and /or disposition the County and TDC may deem appropriate. 21. Logo Marketing promotions that display our logo must use the "Key West — Close to Perfect — Far from Normal" logo /trademark (as per attached logo sample — Exhibit A). Electronic format (eps or jpg file) of the appropriate logo may be obtained by contacting Jessica Taylor -Smith or John Underwood with Tinsley Advertising at 305 - 856 -6060. 22. Severability If any provision of this agreement shall be held by a Court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall not be affected thereby; and each provision of this agreement shall be valid and enforceable to the fullest extent permitted by law. 23. Authority Each of the signatories for the Event Contractor below certifies and warrants that: a) The Event Contractor's name in the agreement is the full name as designated in its corporate charter, and b) they are empowered to act and execute the agreement for the Event Contractor and c) this agreement has been approved by the Event Contractor's governing board. 24. Public Entities Crimes A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as Key West Songwriters Festival Turnkey Funding FY 2014 ID #: 1272 5 a contractor, supplier, subcontractor or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 25. Governing LawNenue This agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of the agreement, the County and Event Contractor agree that venue shall lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. This agreement shall not be subject to arbitration. 26. Accounting and Records Event Contractor shall maintain records pursuant to generally accepted accounting principles for four (4) years after the event and shall permit County and its agents and employees access to said records at reasonable times. 27. Notice Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage prepaid, to the other party by certified mail, returned receipt requested to the following: For Grantee: Charlie Bauer 1723 Jamaica Drive Key West, FL 33040 For Grantor: Lynda Stuart Monroe County Tourist Development Council 1201 White Street, Suite 102 Key West, FL 33040 And Cynthia Hall, Asst. County Attorney P.O. Box 1026 Key West, FL 33041 -1026 28. Breach and Penalties The parties agree to full performance of the covenants contained in this agreement, and the County reserves the right at its discretion, provided such breach is material, to terminate this agreement for any misfeasance, malfeasance, or nonperformance of the agreement terms or negligent performance of the agreement terms by the Event Contractor. 29. Termination of Agreement County may terminate this agreement without cause by providing written notice to Event Contractor, through its officer, agent, or representative, no less than sixty (60) days prior to the event and may terminate for breach upon providing to Event Contractor, through its officer, agent or representative, notice at least seven (7) days prior to the effective date of the termination. Notice is deemed received by Event Contractor when hand delivered, delivered by national courier with proof of delivery, or by U.S. mail upon verified receipt or upon the date of refusal or non - acceptance of delivery. Key West Songwriters Festival Turnkey Funding FY 2014 ID #: 1272 30. MhWlmmm- As used heroin, #18 tons w ombaW and 'a rent' **I be read IrMt1wom". - 31. Eaft Ammum The pwft agree OW the ggVerro a owaft4ft the entire agrawrat between the County and Event ConknoW. IN WITNESS WHEREOF. the oar" hersb hav mnwm&w this . . ". mu way a y (COP"PATE SEAL) Allest BY. Print Nam BmjR7=ftumn% hm President Print Nam Doft C f — VB — 2p 17 OR 71M0 MIITNESSE8 (only necessary when Presider* don NOT *47 Print Nolne. L Kay ftst apowsm FwNwl TWMWFWdl#FY2D14 JD* IV2 Print Narna: DoW. MONROE COUNTY ATTORNEY "PROVED AS TO FORM: COUNTY ATTORNEY SW Dm;e l a 7! C r c) -a CD C CD 7 EXHIBIT A Color ads four (4) color processing printing Black & white ads shall include the appropriate generic or district logo in high resolution TV: logo must appear at the conclusion of commercial Radio Advertising: No logo is required. All radio announcements must say "Brought to you by the Monroe County Tourist Development Council." Marketing promotions that display our logo must use the "Key West — Close to Perfect — Far from Normal' logo /trademark. Electronic format (eps or jpg file) of the appropriate logo may be obtained by contacting Jessica Taylor -Smith or John Underwood with Tinsley Advertising at 305 - 856 -6060. The HoriddKeys � Key Close To Perfect - Far From Normal Key West Songwriters Festival Tumkey Funding FY 2014 ID #: 1272 0 A� CERTIFICATE OF LIABILITY INSURANCE D ATE 117/ /DD/Y 3/17/2014 4 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). PRODUCER NAME: Jonathan Diamond Diamond Insurance Partners PHONE (305) 292 -6060 F (305)292 -6002 AX 3706 -H North Roosevelt Blvd. ; niksm.]diamond @kwdiamond.com Key West INSURED FL 33040 L90! II Bauer Restaurants Inc, DBA INSURER C: The Key West Songwriters Festival INSURER D: 412 White St INSURERE: Key West FL 33040 INSURER F: COVERAGES CERTIFICATE NUMBER :CL1431700301 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. I LTR A TYPE OF INSURANCE POLICY NUMBER MIMIIDDY E M POLICY EXP LIMITS GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 X COMMERCIAL GENERAL LIABILITY PR DAMAGE TO R TED Ea $ 100 , 000 A CLAIMS MADE OCCUR X CP0981117 /6/2014 /13/2014 MED EXP Any one on) $ 1,000 PERSONAL 8 ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ Include M POLICY JAR LOC $ AUTOMOBILE LIABILITY COMBINED IN LE L MI ccideM BODILY INJURY (Per person) $ ANY AUTO ALL OWNED SCHEDULED BODILY INJURY Per acciden ( ) $ AUTOS AUTOS NON -OWNED HIRED AUTOS AUTOS PROPERTY DAMAGE $ Per accident $ UMBRELLA LIAB HCLAIMS­MADE OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAR DED RETENTION $ $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS' LIABILITY YIN BY TORY LIMITS E.L. EACH ACCIDENT $ ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? � NIA E.L. DISEASE - EA EMPLOYE $ (Mandatory in NH) DAT Ii yes, desabe under E.L. DISEASE - POLICY LIMIT S DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, K more space is required) Music Festival - Key West Songwriters Festival 2014 Certificate Holder is also Additional Insured 11 �' �� �� - SHO H ABO POLIC ��OL THEEXPIRA IONDATET EREOF, NOTIICE WILL C BE C DELIVERED IN Monroe County ACCORDANCE WITH THE POLICY PROVISIONS. `, 1100 Simonton Street' v -` Key West, FL 33040 AUTHORIZED REPRESENTATIVE ACORD 25 /2010/051 n 4one_ -2n4n Arnnn n�ns�ewTUV.. - -- --... .....29 7 e DATE (MMIDD/YYYY) A� V CERTIFICATE OF LIABILITY INSURANCE 3/17/2014 THIS4ERTIFICATE 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(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsemeft A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER J NAME: onathan Diamond NAME: Diamond Insurance Partners PHONE (305) 292-6060 F No (305)292 -6002 3706 -H North Roosevelt Blvd. EDDAI :jdiamond @kwdiamond.com INSURERS AFFORDING COVERAGE NAIC # Key West FL 33040 INSURER A Western Heritage Insurance Co. INSURED INSURER 0: Bauer Restaurants Inc, DBA INSURERC: The Key West Songwriters Festival INSURER D: 412 White St INSURER E: Key West FL 33040 INSURER F: [`nVFRArFC CFRTIFICATE NUMRFR-CL1431700301 REVISION NUMRER- 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. D POLICY EFF POLICY EXP I LTR TYPE OF INSURANCE POLICY NUMBER MMIDD NYYY) IMMIDDIYYYYI LIMITS GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 PREMI ( E currenc $ 100,000 A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE � OCCUR X CR0981117 /6/2014 /13/2014 MED EXP (Any one person) $ 1,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ Include $ ri POLICY PRO- LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (E accident) ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ NON-OWNED HIRED AUTOS AUTOS $ UMBRELLA UAB OCCUR EACH OCCURRENCE $ H AGGREGATE $ EXCESS LIAS CLAIMS -MADE ISK AG MENT DED RETENTION $ $ WORKERS COMPENSATION WC STATU- OTH- I AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE YIN By �9 TORY LIMITS E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N I A ------ E.L. DISEASE - EA EMPLOYE $ (Mandatary in NH) If DESCRIPTION OF r PERATIONS below DATE ANER p' YES N� ` E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, N more space Is required) Music Festival - Key West Songwriters Festival 2014 Certificate Holder is also Additional Insured CFRTIFICATF FIOI nER 1.;: 11— -CANCELLATION HH Monroe County Z' �� �r 1100 Simonton Stre e� Key West, FL 330 'f 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 (2010105) ©1988 -2010 ACORD CORPORATION. All rights reserved. MOn99 inns .1- T{.w A^^12r%- ---... ... --r I--- w........ -:w6 -4 .r.w.l.e -4 Arnnn 19% Edition MONROE COUNTY, FLORIDA r Request For Waiver of Insurance Requirements It is requested that the insurance requirements, as specified in the County's Schedule of Insurance Requirements, be waived or modified on the following contract. Contractor: Bauer Restaurant, Inc. Contract for: Key West Songwriters Feswtival 2014 Address of Contractor: Phone: Scope of Work: Songwriters Event (, 5 Reason for Waiver: Waiver Workers Comp: Only 1 employee Policies Waiver will apply to: rkers Comp Signature of Contractor: Risk Ma Date: County Administrator Appeal: Approved _ Not Approved Date: Board of County Commissioners Appeal: Approved Not Approved Meeting Date: Administration Instruction #4709.2