Item D2 BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: AUGUST 20, 2014 Division: TDC
Bulkltem: Yes X No Department:
Staff Contact Person/Phone#:- Maxine Pacini
296-1552
AGENDA ITEM WORDING:
Approval of an Agreement with Florida Keys Fishing Tournaments, Inc. to oversee the
TDC Fishing Umbrella, an advisory committee to make recommendations to the TDC
and BOCC concerning funding for tourism related fishing activities and marketing.
ITEM BACKGROUND:
TDC approved same at their meeting of July 29, 2014
PREVIOUS RELEVANT BOCC ACTION:
CONTRACTAGREEMENT CHANGES:
New agreement
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: No Compensation BUDGETED: Yes X No
COST TO COUNTY: NO COST SOURCE OF FUNDS: TDC
REVENUE PRODUCING: Yes X No AMOUNT PER MONTH Year
OMB/Purchasing
1/APPROVED BY: County Atty X X - Risk Management X
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM#
Revised 11/06
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Florida Keys Fishing Contract# 1422
Tournaments,Inc.
Effective Date: 10/1/14
Expiration Date: 9/30/16
Contract Purpose/Description:
Approval of an Agreement with Florida Keys Fishing Toutnaments, Inc. to
oversee the TDC Fishing Umbrella, an advisory committee to make
recommendations to the TDC and BOCC concerning funding for tourism
related fishiniz activities and marketing.
Contract Manager: Maxine Pacini 3523 TDC # 3
(Name) (Ext.) (Department/Stop#)
for BOCC meeting on 8/20/14 Agenda Deadline 8/5/14
CONTRACT COSTS
Total Dollar Value of Contract: $ 0 Current Year Portion: $
Budgeted? Yes® No F-1 Account Codes : NO COMPENSATION
Grant: $
County Match: $
ADDITIONAL COSTS
Estimated Ongoing Costs: $-/yr For:
of included in dollar value above) (eg.maintenance,utilities,janitorial,salaries,etc.-)
CONTRACT REVIEW
Changes Date Out
Date Jn Needed eviewer
Division Director 7/46 (* YesR No[ /e�1—e=;�
Risk Management -LLL i YesR NoFA
O.M.B./Purchasing 17" Yes[]NoE'f' 7/1
County Attorney YesFj No2' C. Limbert It
Comments:
OMB Form Revised 2/27/01 MCP#2
FISHING UMBRELLA AGREEMENT
THIS AGREEMENT ("Agreement"), made and entered into this day of _, 2014,
A.D., by and between MONROE COUNTY, FLORIDA, (hereinafter called the "County"), and
Florida Keys Fishing Tournaments, Inc., (hereinafter called the "Contractor").
WHEREAS, Contractor has acted to oversee the Monroe County Tourist Development Council
("TDC") Fishing Umbrella for the County and Tourist Development Council (TDC) since 1990;
and
WHEREAS, the County wishes to enter into this Agreement with Contractor, so that Contractor
will oversee the Monroe County Tourist Development Council ("TDC") Fishing Umbrella, an
advisory committee to make recommendations to the TDC and the Monroe County Board of
County Commissioners ("BOCC") concerning funding for tourism related fishing activities and
marketing;
NOW THEREFORE, in consideration of the mutual covenants and provisions contained herein
and for the consideration hereinafter set forth, the parties mutually agree as follows:
1. The Agreement: This Agreement constitutes the entire Agreement between the
County and the Contractor for the services contemplated herein. Any amendments or revisions
to this Agreement must be in writing and be executed in the same manner as this Agreement.
2. Scope of Work: Contractor shall provide Fishing Umbrella services for the County as
described below:
A. Contractor shall make recommendations to the TDC by those members who sit on
the Fishing Umbrella Recommendation Committee. There shall be five (5) members,
one each representing the five TDC districts. Recommended appointments will be
approved by the TDC. Any subsequent changes to the Recommendation Committee
shall be provided in writing to the TDC Administrative Office for approval by the TDC.
B. Contractor, through the Fishing Umbrella Recommendation Committee, shall
establish an annual recommended line item breakdown of a budgetary allocation
provided by the Monroe County Tourist Development Council (TDC) to be approved by
the TDC.
C. Contractor shall make marketing recommendations to the TDC by those members
who sit on the Fishing Umbrella Recommendation Committee based on proposals by
the Agencies of Record. A minimum of thirty percent (30%) of the Fishing Umbrella
budget shall be allocated to national media advertising and public relations.
D. Contractor shall each year seek approval by the TDC administrative office of the
Fishing Umbrella Event Funding application to ensure that it conforms with all TDC
policies and procedures. Any change to the intent of the application shall require that
the application be placed on the TDC agenda for approval, with subsequent BOCC
approval prior to being advertised.
Florida Keys Fishing Tournaments,Inc..
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E. Contractor shall conduct at least one (1) educational workshop(s) each year within
two (2) weeks after the release of the request for application, to explain the application
process, TDC procedures and permissible expenditures to all potential applicants. The
TDC administrative office shall be informed of the date, venue and time of this
workshop.
F. The Fishing Umbrella Recommendation Committee shall make recommendations to
the TDC for the equitable district-wide percentage distribution of Fishing Umbrella
funding allocations for all qualified events/activities on an annual basis.
G. Contractor shall review with each fishing event applicant the permissible
expenditures of advertising and promotion within the budget and submit to appropriate
agency of record for approval.
H. Contractor shall notify TDC Administrative Office in writing (via email) regarding the
Fishing Umbrella Recommendation Committee approval of any deviations from
approved contracts including events dates and tournament name.
I. Contractor shall assist fishing event coordinators with reimbursement or direct
payment to vendor requests ensuring that all documentation comply with permissible
expenditures and is provided to the Monroe County Finance Department.
J. Contractor shall provide a schedule of Fishing Umbrella meeting dates, to include
start time and venue, to the TDC Administrative Office on an annual basis. Contractor
shall inform the TDC administrative office of all Fishing Umbrella meetings no later than
20 days prior to the meeting date. Contractor shall provide the date, time, venue and
reason for the meeting. Upon receipt of the meeting information, the TDC administrative
office shall place a public notice on the Monroe County official website under Notice of
Meetings. If a meeting has been duly publicly noticed and subsequently cancelled,
Contractor shall notify the TDC administrative office immediately so that a notice of
cancelation may be placed on the Monroe County official website under Notice of
Meetings.
K. Contractor shall provide the TDC Administrative Office a copy of the agenda and all
attachments seven (7) working days prior to a regularly scheduled meeting.
L. Contractor may establish a county-wide photo program to be distributed to national
trade and consumer publications.
M. Contractor may solicit sponsorships other than advertising media to offset
Contractors administrative and operational costs. Contractor shall not receive any
administration compensation, directly or indirectly, out of the TDC Fishing Umbrella
funds.
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N. Upon the request of the TDC, Contractor shall be required to provide a
representative at a public meeting to address Fishing Umbrella issues and/or make a
presentation.
0. The Contractor shall maintain adequate staffing levels to provide the services
required under this agreement.
P. The personnel shall not be employees of or have any contractual relationship with
the County. To the extent that Contractor uses subcontractors or independent
contractors, this agreement specifically requires that the level of independence normally
exercised by such subcontractors and independent contractors be curtailed and that
they be supervised by the Contractor.
Q. All personnel engaged in performing services under this agreement shall be fully
qualified, and, if required, to be authorized or permitted under State and local law to
perform such services.
3. Payments: Contractor is responsible to assist the agencies of record and TDC staff in
submitting invoices and support documentation acceptable to the County's Finance
Department for reimbursement.
4. Term of Agreement: The term of the Agreement is for two years, commencing on the
1 st day of October, 2014, and ending on the 30th day of September, 2016.
5. Contractors Acceptance of Conditions: The Contractor hereby agrees to carefully
examine the scope of services and assumes full responsibility therefore. Under no
circumstances, conditions, or situations shall this Agreement be more strongly construed
against the County than against the Contractor.
A. Any ambiguity or uncertainty in the scope of services shall be interpreted and
construed by the County, and the County's decision shall be final and binding upon all
parties.
B. The passing, approval, and/or acceptance by the County of any of the services
furnished by the Contractor shall not operate as a waiver by the County of strict
compliance with the terms of this Agreement. Failure on the part of the Contractor,
immediately after Notice to Correct a default shall entitle the County, if it sees fit, to
correct the same and recover the reasonable cost of such replacement and/or repair
from the Contractor, who in any event shall be jointly and severally liable to the County
for all damage, loss, and expense caused to the County by reason of the Contractor's
breach of this Agreement and/or his failure to comply strictly and in all things with this
Agreement and with the specifications.
C. The Contractor agrees that the TDC may designate representatives to visit the
Contractor's facility (ies) periodically to conduct random open file evaluations during the
Contractor's normal business hours.
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D. The Contractor warrants that it has, and shall maintain throughout the term of this
Agreement, appropriate licenses and permits required to conduct its business, and that
it will at all times conduct its business activities in a reputable manner. Proof of such
licenses and permits shall be submitted to the County upon request.
6. Contractor's Financial Records: Contractor shall maintain all books, records, and
documents directly pertinent to performance under this Agreement in accordance with
generally accepted accounting principles consistently applied. Each party to this Agreement or
their authorized representatives shall have reasonable and timely access to such records of
each other party to this Agreement for public records purposes during the term of the
Agreement and for four years following the termination of this Agreement.
7. Public Access: The County and Contractor shall allow and permit reasonable access
to, and inspection of, all documents, papers, letters or other materials in its possession or
under its control subject to the provisions of Chapter 119, Florida Statutes, and made or
received by the County and Contractor in conjunction with this Agreement; and the County
shall have the right to unilaterally cancel this Agreement upon violation of this provision by
Contractor.
Pursuant to F.S. 119.0701, Contractor and its subcontractors shall comply with all public
records laws of the State of Florida, including but not limited to:
A. Keep and maintain public records that ordinarily and necessarily would be required
by Monroe County in order to perform the service.
B. Provide the public with access to public records on the terms and conditions that
Monroe County would provide the records and at a cost that does not exceed the cost
provided in Florida Statutes, Chapter 119 or as otherwise provided by law.
C. Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law.
D. Meet all requirements for retaining public records and transfer, at no cost, to Monroe
County all public records in possession of the Contractor upon termination of the
Agreement and destroy any duplicate public records that are exempt or confidential and
exempt from public records disclosure requirements. All records stored electronically
must be provided to Monroe County in a format that is compatible with the information
technology systems of Monroe County.
8. Hold Harmless: The Contractor covenants and agrees to indemnify and hold harmless
Monroe County BOCC and the TDC 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 services provided by the Contractor or any of its
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Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful act of
omission of the Contractor or its subcontractors in any tier, their employees, or agents.
9. Independent Contractor: At all times and for all purposes under this Agreement the
Contractor is an independent Contractor and not an employee of the BOCC. No statement
contained in this Agreement shall be construed so as to find the Contractor or any of his
employees, contractors, servants, or agents to be employees of the BOCC.
10. Nondiscrimination: The parties agree that there will be no discrimination against any
person, and it is expressly understood that upon a determination by a court of competent
jurisdiction that discrimination has occurred, this Agreement automatically terminates without
any further action on the part of any party, effective the date of the court order. The parties
agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable,
relating to nondiscrimination. These include but are not limited to: 1) Title VII of the Civil
Rights Act of 1964 (PL 88-352), which prohibit discrimination in employment on the basis of
race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment of 1972,
as amended (20 USC §§ 1681-1683, and 1685-1686), which prohibits discrimination on the
basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC § 794),
which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of
1975, as amended (42 USC §§ 6101-6107), which prohibits discrimination on the basis of age;
5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to
nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and
Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended,
relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health
Service Act of 1912, §§ 523 and 527 (42 USC §§ 690dd-3 and 290ee-3), as amended, relating
to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of
1968 (42 USC §§ 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental
or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC §§ 1201), as
amended from time to time, relating to nondiscrimination in employment on the basis of
disability; 10) Monroe County Code Chapter 13, Article VI, which prohibits discrimination on
the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender
identity or expression, familial status or age; and 11) any other nondiscrimination provisions in
any Federal or State statutes which may apply to the parties to, or the subject matter of, this
Agreement.
11. Assign ment/Subcontract: The Contractor shall not assign or subcontract its obligations
under this Agreement, except in writing and with the prior written approval of the BOCC and
Contractor, which approval shall be subject to such conditions and provisions as the BOCC
may deem necessary. This paragraph shall be incorporated by reference into any assignment
or subcontract and any assignee or subcontractor shall comply with all of the provisions of this
Agreement.
12. Compliance with Law: In providing all services/goods pursuant to this Agreement, the
Contractor shall abide by all statutes, ordinances, rules and regulations pertaining to, or
regulating the provisions of, such services, including those now in effect and hereinafter
adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a
material breach of this Agreement and shall entitle the BOCC to terminate this Agreement
Florida Keys Fishing Tournaments,Inc.. 5
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immediately upon delivery of written notice of termination to the Contractor. The Contractor
shall possess proper licenses to perform work in accordance with these specifications
throughout the term of this Agreement.
13. Disclosure and Conflict of Interest: The Contractor represents that it, its directors,
principles and employees, presently have no interest and shall acquire no interest, either direct
or indirect, which would conflict in any manner with the performance of services required by
this Agreement, as provided in Sect. 112.311, et seq., Florida Statutes. County agrees that
officers and employees of the County recognize and will be required to comply with the
standards of conduct for public officers and employees as delineated in Section 112.313,
Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business
with one's agency; unauthorized compensation; misuse of public position, conflicting
employment or contractual relationship; and disclosure or use of certain information.
Upon execution of this Agreement, and thereafter as changes may require, the Contractor
shall notify the County of any financial interest it may have in any and all programs in Monroe
County which the Contractor sponsors, endorses, recommends, supervises, or requires for
counseling, assistance, evaluation, or treatment. This provision shall apply whether or not
such program is required by statute, as a condition of probation, or is provided on a voluntary
basis.
The County and Contractor warrant that, in respect to itself, it has neither employed nor
retained any company or person, other than a bona fide employee working solely for it, to
solicit or secure this Agreement and that it has not paid or agreed to pay any person,
company, corporation, individual, or firm, other than a bona fide employee working solely for it,
any fee, commission, percentage, gift, or other consideration contingent upon or resulting from
the award or making of this Agreement. For the breach or violation of the provision, the
Contractor agrees.that the County shall have the right to terminate this Agreement without
liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount
of such fee, commission, percentage, gift, or consideration.
14. Arrears: The Contractor shall not pledge the County's credit or make it a guarantor of
payment or surety for any Agreement, debt, obligation, judgment, lien, or any form of
indebtedness. The Contractor further warrants and represents that it has no obligation or
indebtedness that would impair its ability to fulfill the terms of this Agreement.
15. Notice Requirement: 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 TDC: Maxine Pacini
Monroe County TDC
1201 White Street
Key West, FL 33040
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FOR COUNTY: Christine Limbert-Barrows, Assistant County Attorney
PO Box 1026
Key West, FL 33041-1026
FOR CONTRACTOR: Capt. Jim Sharpe
Florida Keys Fishing Tournaments, Inc.
24386 Overseas Hwy
Summerland Key, FL 33042
16. Taxes: The County is exempt from payment of Florida State Sales and Use taxes. The
Contractor shall not be exempted by virtue of the County's exemption from paying sales tax to
its suppliers for materials used to fulfill its obligations under this Agreement, nor is the
Contractor authorized to use the County's Tax Exemption Number in securing such materials.
The Contractor shall be responsible for any and all taxes, or payments of withholding, related
to services rendered under this Agreement.
17. Termination:
A. The County may terminate this Agreement for cause with seven (7) days notice to
the Contractor. Cause shall constitute a breach of the obligations of the Contractor to
perform the services enumerated as the Contractors obligations under this Agreement.
B. Either of the parties hereto may terminate this Agreement without cause by giving
the other party sixty (60) days written notice of its intention to do so.
18. Goveminq Law, Venue, Interpretation, Costs and Fees:
A. This Agreement shall be governed by and construed in accordance with the laws of
the State of Florida applicable to Agreements made and to be performed entirely in the
State.
B. In the event that any cause of action or administrative proceeding is instituted for the
enforcement or interpretation of this Agreement, the County and Contractor agree that
venue will lie in the appropriate court or before the appropriate administrative body in
Monroe County, Florida.
C. The County and Contractor agree that, in the event of conflicting interpretations of
the terms or a term of this Agreement by or between any of them the issue shall be
submitted to mediation prior to the institution of any other administrative or legal
proceeding,
D. Severability. If any term, covenant, condition or provision of this Agreement (or the
application thereof to any circumstance or person) shall be declared invalid or
unenforceable to any extent by a court of competent jurisdiction, the remaining terms,
covenants, conditions and provisions of this Agreement, shall not be affected thereby;
and each remaining term, covenant, condition and provision of this Agreement shall be
Florida Keys Fishing Tournaments,Inc.. 7
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valid and shall be enforceable to the fullest extent permitted by law unless the
enforcement of the remaining terms, covenants, conditions and provisions of this
Agreement would prevent the accomplishment of the original intent of this Agreement.
The County and Contractor agree to reform the Agreement to replace any stricken
provision with a valid provision that comes as close as possible to the intent of the
stricken provision.
E. Attorney's Fees and Costs. The County and Contractor agree that in the event any
cause of action or administrative proceeding is initiated or defended by any party
relative to the enforcement or interpretation of this Agreement, the prevailing party shall
be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket
expenses, as an award against the non-prevailing party, and shall include attorney's
fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings.
Mediation proceedings initiated and conducted pursuant to this Agreement shall be in
accordance with the Florida Rules of Civil Procedure and usual and customary
procedures required by the circuit court of Monroe County.
F. Adjudication of Disputes or Disagreements. County and Contractor agree that all
disputes and disagreements shall be attempted to be resolved by meet and confer
sessions between representatives of each of the parties. If the issue or issues are still
not resolved to the satisfaction of the parties, then any party shall have the right to seek
such relief or remedy as may be provided by this Agreement or by Florida law.
G. Cooperation. In the event any administrative or legal proceeding is instituted against
either party relating to the formation, execution, performance, or breach of this
Agreement, County and Contractor agree to participate, to the extent required by the
other party, in all proceedings, hearings, processes, meetings, and other activities
related to the substance of this Agreement or provision of the services under this
Agreement. County and Contractor specifically agree that no party to this Agreement
shall be required to enter into any arbitration proceedings related to this Agreement.
19. Binding Effect: The terms, covenants, conditions, and provisions of this Agreement
shall bind and inure to the benefit of the County and Contractor and their respective legal
representatives, successors, and assigns.
20. Authority: Each party represents and warrants to the other that the execution, delivery
and performance of this Agreement have been duly authorized by all necessary County and
corporate action, as required by law.
21. Claims for Federal or State Aid: Contractor and County agree that each shall be, and
is, empowered to apply for, seek, and obtain Federal and State funds to further the purpose of
this Agreement; provided that all applications, requests, grant proposals, and funding
solicitations shall be approved by each party prior to submission.
22. Privileges and Immunities: All of the privileges and immunities from liability, exemptions
from laws, ordinances, and rules and pensions and relief, disability, workers' compensation,
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and other benefits which apply to the activity of officers, agents, or employees of any public
agents or employees of the County, when performing their respective functions under this
Agreement within the territorial limits of the County shall apply to the same degree and extent
to the performance of such functions and duties of such officers, agents, volunteers, or
employees outside the territorial limits of the County.
23. Legal Obligations and Responsibilities: Non-Delegation of Constitutional or Statutory
Duties, This Agreement is not intended to, nor shall it be construed as, relieving any
participating entity from any obligation or responsibility imposed upon the entity by law except
to the extent of actual and timely performance thereof by any participating entity, in which case
the performance may be offered in satisfaction of the obligation or responsibility. Further, this
Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the
constitutional or statutory duties of the County, except to the extent permitted by the Florida
constitution, state statute, and case law.
24. Non-Reliance by Non-Parties: No person or entity shall be entitled to rely upon the
terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim
or entitlement to or benefit of any service or program contemplated hereunder, and the County
and the Contractor agree that neither the County nor the Contractor or any agent, officer, or
employee of either shall have the authority to inform, counsel, or otherwise indicate that any
particular individual or group of individuals, entity or entities, have entitlements or benefits
under this Agreement separate and apart, inferior to, or superior to the community in general
or for the purposes contemplated in this Agreement.
25. Attestations: Contractor agrees to execute such documents as the County may
reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a
Drug-Free Workplace Statement.
26. No Personal Liability: No covenant or Agreement contained herein shall be deemed to
be a covenant or Agreement of any member, officer, agent or employee of Monroe County in
his or her individual capacity, and no member, officer, agent or employee of Monroe County
shall be liable personally on this Agreement or be subject to any personal liability or
accountability by reason of the execution of this Agreement.
27. Execution in Counterparts: This Agreement may be executed in any number of
counterparts, each of which shall be regarded as an original, all of which taken together shall
constitute one and the same instrument and any of the parties hereto may execute this
Agreement by singing any such counterpart.
28. Section Headings: Section headings have been inserted in this Agreement as a matter
of convenience of reference only, and it is agreed that such section headings are not a part of
this Agreement and will not be used in the interpretation of any provision of this Agreement.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the
day and year first above written.
(SEAL) Board of County Commissioners
Attest:Amy Heavilln, Cleric of Monroe County
Deputy Clerk Mayor/Chairman
(CORPORATE SEAL) Florida Keys Fishing Tournaments, Inc.
Attest:
BY
Ely
Ssoretsry Ident
Print Name Print Name r
Date: Data;
AND TWO WITNES ES
Print Name Print Name
Date: ___ d Dane: -7 I z 1
MONROE COUNTY ATTORNEY
APPROVED AS TO FORM.
CHRiST!.NE . L BERT-BAF'ROwS
AS$iSTAkT COUNITY Ar—OR1'<EY
^at*
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