Item E12 E.12
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County of Monroe
�y,4 ' ?, "tr, BOARD OF COUNTY COMMISSIONERS
Mayor Michelle Coldiron,District 2
�1 nff `_ll Mayor Pro Tem David Rice,District 4
-Ile Florida.Keys Craig Cates,District 1
Eddie Martinez,District 3
w Mike Forster,District 5
County Commission Meeting
April 21, 2021
Agenda Item Number: E.12
Agenda Item Summary #8050
BULK ITEM: Yes DEPARTMENT: Tourist Development Council
TIME APPROXIMATE: STAFF CONTACT: Ammie Machan (305) 296-1552
N/A
AGENDA ITEM WORDING: Approval to revise Section II of TDC Operations Manual to revise
the Appeal and Reconsideration Process.
ITEM BACKGROUND: See attached.
TDC approved same at their meeting of March 23, 2021.
PREVIOUS RELEVANT BOCC ACTION:
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Revised Section II TDC Operations Manual
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
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E.12
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required:
Additional Details:
REVIEWED BY:
Maxine Pacini Completed 03/24/2021 12:25 PM
Christine Limbert Completed 03/29/2021 11:06 AM
Liz Yongue Completed 04/05/2021 11:53 AM
Board of County Commissioners Pending 04/21/2021 9:00 AM
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E.12.a
DATE: April 6, 2021
TO: Monroe County BOCC
FROM: Stacey Mitchell, TDC Marketing Director
RE: Consideration and Action re: TDC Operations Manual —Appeal Process
0.
In order to clarify the TDC appeal/reconsideration process our Assistant County Attorney, Ms.
Christine Limbert has reviewed and revised the procedure written within our TDC Operations Manual
Attached is the proposed revised portion of Section II of the Operations Manual. '
Clarifications cover the following:
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• Timeline for the appeal to be submitted to the TDC administrative office (prior to next
meeting deadline)
• Procedure for appeal if new information is submitted (appeal will go to Umbrella/DAC
for review and consideration before going to the TDC)
• Previously funded allocations may not be rescinded unless requested by the grantee
• Applicants may not appeal to request funding for future years
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Approval of the attached revisions to Section II of the TDC Operations Manual is requested.
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E.12.a
Reconsideration and Appeal Process:
The Umbrella/DAC/TDC process affords applicants the ability to have funding decisions
reconsidered or appealed through the reconsideration and appeal process outlined below.
Any reconsideration or appeal of a funding decision will be limited to the current fiscal year
funding cycle. The reconsideration and appeal process does not allow for applicants to
bypass the application process outlined in this Operations Manual or to request funds from
future fiscal years.
The applicant must submit a written request for reconsideration or to appeal the decision of
the Umbrella/DAC to the TDC administrative office, and include the basis of the
reconsideration or appeal and any documentation or information that they wish to present. 0.
The written request shall be submitted, as soon as possible but no later than prior to the
agenda deadline date for the next available meeting. The TDC administrative office will place
an agenda item, including relevent documentation and information, for either reconsideration '
before the Umbrella/DAC or an appeal before the TDC.
Applicant is solely responsible for the timely submission and confirmation of receipt by the
TDC administrative office of request for reconsideration/appeal and documentation to be
presented.
Process for Reconsideration to Umbrella/DAC prior to appeal to TDC:
When an applicant has new additional information that was not previously presented to the
Umbrella/DAC when the members reviewed the applications and made their funding
recommendations, before the TDC will hear an appeal, the Umbrella/DAC shall reconsider
the funding request in consideration of the new information provided by the applicant.
Process for Appeal to TDC:
Applicants that wish to appeal the decision of the Umbrella/DAC must submit a written
request as outlined above. If the applicant/appellant is presenting new additional information,
that information will first be presented to the Umbrella/DAC for reconsideration prior to an
appeal of the decision to the TDC. Any documentation or information to be presented must
be provided to the TDC administrative office prior to the agenda deadline for the meeting.
Applicant's failure to submit the documentation in a timely manner may result in the members
not having the ability to review the information prior to making their decision and/or the T
agenda item being continued, if there is adequate time to do so within the funding cycle.
Any other funding allocations for the Umbrella/DAC may be approved by the TDC while the
appeal is pending. If the other funding allocations have already been approved, they may not
be rescinded unless the grantee agrees to rescind their grant agreement.
TDC shall render findings of fact to support whatever decision they reach. If funding is
approved, the TDC should set the amount and from what source the funding should be
derived.
Items initiated by the TDC which require approval by the BOCC shall be moved forward to
the BOCC for approval.
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E.12.a
Process for Appeal to BOCC
Any entity that has been denied funding by the TDC may request that the TDC place the item
on the next available BOCC meeting agenda prior to the BOCC agenda deadline. The TDC
shall, in submitting the item for the agenda, note its recommendation of denial of the item.
If the BOCC approves an allocation to an item previously denied by the TDC, the BOCC shall
specify the amount which the TDC shall allocate.
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