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Item D7 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: DECEMBER 21,2005 Division: TDC Bulk Item: Yes..X- No Department: Staff Contact Person: Maxine Pacini AGENDA ITEM WORDING: Approval of an Amendment to Agreement with The Key West Pops, Inc. covering the revised dates of the Key West Pops Orchestra between October 2005 and March 200' in an amount not to exceed $8,760, FY 2006 Two PelUlY Cultural Umbrella Resources. ITEM BACKGROUND: PREVIOUS RELEVANT BOCC ACTION: CONTRACT/AGREEl\tIENT CHANGES: Amendment to Agreement ST AFF RECOMMENDATIONS: Approval TOT AL COST: $8,760 BUDGETED: Yes --X- No COST TO COUNTY: $8,760 SOURCE OF FUNDS: TDe REVENUE PRODUCING: Yes -X- No AM~ PER MONTH_ Year APPROVED BY: County Atty ..X- OMB/Purchasing ~ Risk Management -X- DIVISION DIRECTOR APPROVAL: (Lynda Stuart) DOCUJ\rIENT ATION: Included X Not Required_ DISPOSITION: AGENDA ITEM # Revised 2/05 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: The Key \Vest Pops Inc. Contract #_ Effective Date: 10/19/05 Expiration Date: Contract PurposefDescri ption: Approval of an Amendment to Agreement with The Key West Pops, Inc. covering the revised dates of the Key West Pops Orchestra between October 2005 and March 2005 in an amount not to exceed $8,760. FY 2006 Two Penny Cultural Umbrella Resources. Contract Manager: Maxine Pacini (Name) 3523 (Ext.) TDC # 3 (Department/Stop #) for BOCC meeting on 12/21/05 Agenda Deadline: 12/6/05 CONTRACT COSTS Total Dollar Value of Contract: $ 8,760 Budgeted? Yesl8J No 0 Account Codes: Grant: $ County Match: $ Current Year Portion: $ 115-75011-530340- T65C-421X-53041O 115-75011-530340-T65C-421X-530480 - - - - - - ---"""""" ............... ~ ADDITIONAL COSTS Estimated Ongoing Costs: $_/yr For: (Not included in dollar value above) (el!. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Changes ~~In- Needed Division Director I//'h /l6 YesD NoEf Risk Management \ YesD NoG' f::t o':NI. B ./Purchasing /1- 1'6 -D'S Yes 0 N oc:r County Attorney I~ YesD No~ /e 1 ..~.? /" 0/.e."e $~. (~/J!;, ../rrC~.~~/ Date Out Comments: OMB Form Revised 2/27/01 Mep #2 Nov OS 05 05:18p FL Ke~s Council OT Ar~s 305-2S5-4372 r~6;3 P D021n02 F-!6, p.3 11-08-20GS aJ,3g~ Fr~m-TCU~!Sr D~v~lDPVENT COU~CIL ~"", ":-{..~~..~7. i~ The- -'. <~~:-::":::\r! Key W~rt::~~~ -pQt!~~ Orchestra. Vinunc " Ziro Al'flStli:: Olrecrot &. Foundar October 28, 2005 ~O> b 0200 Key w_, n. :130+1.6:2.0& PlIOA!: l305) 295. 7501 Tofi nt'C: {8771 312-J600 fr>r [)OS] '6+-70'f5 -I<\!YWli${\109s.rom To TOC: The Key W~t Pops OrChestra had an ev nt S(;heduled fQr Saturday, October 22...the Sin~alon~ Wi ard of 02. Due to Hurricane Wilma's approach and the m datpry evacuation, we had to postpone that event. . ~Ol fd 0] "'on poen! tiN .~:10786 WARD OF D1RtCTORS We have now rescheduled the event for Sunday, November 6. Dr. Paul lifO Ch.:llman Emeritus Also, I'm not sure what our ~r3nt propo al ~ys <tnd if it has beE"n amended but the location for our cance t on' Dec. 4 and March 5 if. at KWH5 Auditorium and our January 15 event wilt now be at San Carlos Institute due to the damage at Cl!'creQ J:'ernllnder P"H Pretldem Phyllis Mdy PresIdent SmcE:\rely, MJry Ann Worrh Vk~ 1'!"I;!~jdent . .::\ ...-; - \"'\ .~ -. ~':::---. . ~ . (...:J Phyllis May Pres1dent Joe VlJn.:l Trei!l5Urer K.:lren T;i:porowski SPl:ro>ury ViCki GI~l1t Dr. 8ry;lf'I (i~n NOrm;) MoHiCJ ~ndy Robel,,[5 N;lnCY ~obinmn V~t:l Sl:hlff Mon. LuraN Snow Vince: iQpQrQwski Cerry Tinlin 5.lm Tropn1a M<lIHIII'I Vand~rVeM Kf>f\ WeschlRT M;}iia Ziro-Kaufman ADVISOR:iI llOARD 5hWIEY BloCk Lea lln;wcf ~ AMENDMENT TO AGREEMENT THIS ADDENDUM to agreement is made and entered into this _ day of 2005, between the County of Monroe and The Key West Pops, Inc. WHEREAS, there was an agreement entered into on October 19,2005, between the parties, awarding $8,760 to The Key West Pops, Inc. for the production of the Key West Pops Orchestra between October 2005 and March 2006, and WHEREAS, it has become necessary to revise the dates of the individual events for the Key West Pops Orchestra; NOW, THEREFORE, in consideration of the mutual covenants contained herein the parties agree to the amended agreement as follows: 1 . Exhibit A has been revised and attached hereto with revised dates of events. 2. The remaining provisions of the contract dated October 19, 2005 remain in full force and effect. IN WITNESS WHEREOF, the parties have set their hands and seal on the day and year first above written. The Key West Pops, Inc. C?~l~ (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Deputy Clerk Mayor/Chairman EXHIBIT A MONROE COUNTY TOURIST DEVE1.0PM~NTCOUNe'L CULTURAL UMBFteLLA , SCMI!DlA...E 0fIJ EVI:NTS FISCAL YEAR 2008 E'VENT NAME: ",.. ~ \Nest Pooa Orchsttra ! liat achoduMKf event activiti*a jft date Order. ff pre-pronjtotion is incJtJdlld. indicat. the ewnt datea of t"'. n~ seMOn. If funded. funds wU~ 1M ~imburaed only for the promotion of event activitieo listed here. N.v~\Hzr ~.2005 4t lb. Trqpic Cia."", Sf_Atone with "T_ ...... of Oz"" , Held .t the TIOpk: Cinemll. the IlUdl8noe wi" be .,,(;OU~~. to c:omeln -CC$lulJlfl$'" I'mm thtl movie. Timing: the ltad of 2005 FantlJSY ~ . 'Iitts. COncert Includes II SIJOWinQ of fh8 Ottgm81 mavis with Judy GlJIfand. with. bOuncing bell end Iyricl!l for Hch song. <<J Ih. _vdi(J1l)~ t:IIn sing .eJong. ~ ..,. Nl.fJItP ~ aAN:II....- A $U~r.Ii'l.' 5) ~ph:c~ orcMstra will do proud jusfi<< co Georg -k--l1Iclwliltg III P~"~6 CJ.!th6 /pilli"", ~$J.win C OrclreSI1''', will. plano $O/OQljrom Nt.w Yorle. Gershwin's clllSm: ~6 in F for PIontJ and lell 3Ql4U11. ,u:14b1'Q1ttd pre~enl BrouJwa.y ,h6ws. Mareh S. 2G08 at the KeY w...t HJgh Sch~oI AlHfltarfu. ........... ~ In CQ~ A K.t!J' WIIstjrworiJI!. Sw:ie Speitkf, wl.11 sror in flu:! irr~sisrible !t~y m451erpl~ces. perform.d by a 26-pi<<e orchcSlTa and a cas' fraJurins /eJnf K~y WlI!'SI jJ<f'jQnnef'S and nt#!mNr$ of tM XII)l$ ChoraLtt. , 12345 FUNDING AGREEMENT THIS AGREEMENT is made and entered into by and between the Board of County Commissioners of Monroe County, Florida, (hereinafter referred to as the "County") and The Key West Pops, Inc.. (Hereinafter referred to as "Event Sponsor"); WHEREAS, the umbrefJa organization under contract to the County has recommended to the Monroe County Tourist Development Council (hereinafter "TDC"), which has endorsed the recommendation, that certain monies be allocated for promotion of an event; NOW THEREFORE; in consideration of the mutual promises contained herein, the parties agree as follows: 1. County shall pay a sum not to exceed $8,760 (Eight Thousand Seven Hundred and Sixty DoUars) for promotion and related expenditures effective October 1, 2005, as described in the event budget, attached hereto as Exhibit 8, for production of the Key West Pops Orchestra between October 2005 and March 2006. Payment will be made only after Event Sponsor submits invoices and support documentation acceptable to the County's Finance Department. The advertising and promotion budget for County funding may be altered as to the individual Hne items, or components, within 10% of the amount stated for that item or component, without increasing the total dollar amount and without requiring a written amendment to this agreement The general non-aHocated Section of an Umbrella event budget may be utilized for unforeseen permissible expenditures and for those budget lines that may require additionaJ funds. Monroe County's performance and obligation to pay under this agreement is contingent upon an annual appropriation by the County. 2+ Event Sponsor shaH provide promotion and related services as described in the Sponsor's application for funding, Exhibit A, attached hereto. AU advertising and public relations services or supervision of advertising and public relations will be provided through the contracted agencies of the TDC and County. The agencies of record, shall receive payment of work in progress upon submission of documented invoices associated with said event. Event sponsor fully understands that funding is obtained from tourist development taxes for which the fiscaJ year ends September 30, 2006. Event sponsor also understands that the funding process through which this contract was made available by County requires event sponsors to submit their payment requests as quickly as possible and to finalize all such requests before the end of the fiscal year, if at all possible. In order for the tourist development taxes to be utilized most effectively for the purpose for which they were authorized, attracting and promoting tourism, the budgeting process of the County requires the event's funding to be concluded in a timely manner. In recognition that the timeliness of payment requests is of extreme importance to the funding of future advertising and promotion for the stability of the tourist-based economy, Event Sponsor agrees to submit by September 3D, 2006 all invoices and support documentation as required by the County's Finance Department rules and policies. Event Sponsor shalJ not be reimbursed nor will Event Sponsor's vendors be paid directly for any invoices received by the County after September 30, 2006. Key West Pops Orchestra Cultural Umbrella Funding FY 2006 3. Event Sponsor shaH reimburse County for any amount of funds expended by County in connection with an event which does not occur as a result of any act or omission by Event Sponsor. 4. Event Sponsor covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners 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, event sponsored, or other activities and funding associated with this agreement. Should event involve the serving or distribution of alcoholic beverages, Event Sponsor shall obtain prior to the event a Liquor Liability insurance policy naming Monroe County as a co-insured. 5. Event Sponsor shaU maintain records pursuant to generaJJy accepted accounting principles for three (3) years after the event and shall permit County and its agents and employees access to said records at reasonable times. 6. County may terminate this agreement without cause upon providing written notice to Event Sponsor no less than sixty (60) days prior to the event and may terminate for breach upon providing to Event Sponsor notice at least seven (7) days prior to the effective date of the termination. 7. Event sponsor is an independent contractor and shall disclose any potential conflicts of interest as defined by Florida Statutes, Chapter 112 and Monroe County Code, Article XXI. 8. Event Sponsor warrants that he/she/it has not employed, retained or otherwise had act on hislher/its behalf any former County officer 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 contract without liability and may also, at its discretion, deduct from the contract 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. 9. A person or affiliate who has been placed on the convicted vendor fist 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 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 CA TE GORY TWO for a period of 36 months from the date of being placed on the convicted vendor fist. 10. Logo: All promotional literature and advertising must display the "The Florida Keys & Key West, Monroe County Tourist Development Council, Come as You Arell, Key West Pops OrchestraoCultural UmbreJJa Funding FY 2006 2 logo/trade mark adopted by the TDC and County on November, 2000 (as per attached). Radio Advertising should read "Brought to you by the Monroe County Tourist Development Council". No reimbursement or direct payment will be considered unless this fogo/trade mark is utilized. 11. Insurance Requirements: Event Sponsor, as a pre-requisite of the Special Event governed by this agreement, shalt obtain, at its own expense, insurance as specified in this section. Event Sponsor 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 Sponsor shall maintain the required insurance throughout the entire duration of the Spacial 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 Sponsor shall provide, to the County, as satisfactory evidence of the required insurance, either: .. Certificate of Insurance or .. Certified copy of the actual insurance policy A certified copy of any or aU insurance policies required by this contract shall be filed with the Clerk of the soce prior to the Event. AU insurance policies must specify that they are not subject to canceJlation, 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 Sponsor's insurance shaH not be construed as relieving Event Sponsor from any HabiJity or obligation assumed under this contract or imposed by law. The Monroe County Board of County Commissioners, its employees and officiaJs will be included as "Additional Insured" on all policies. 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 Event Sponsor shall furnish the County with a certificate evidencing the insurance required by this paragraph not later than twenty (20) days prior to the event Prior to commencement of work governed by this contract, Event Sponsor shall obtain General liability Insurance. Coverage shaU be maintained through out 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 shalJ be: * $1,000,000.00 combined Single limit (CSl) If split limits are provided, the minimum limits acceptable shall be: · $500,000.00 per person Key West Pops Orchestra Cultural Umbrella Funding FY 2006 3 $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 contrador's General Liability policy. '" '" IN WITNESS WHEREOF, ea~ ~ has caused this\\A.gr~ment to be executed by its duly authorized representative, the t ~ - day of DotO 'ell \ 2005. ,c ":~,.c:;.~~ ::." ". (S~},.:>, e... . AtJe~,O~nnyL. Kol hage , Clerk " c_,. .. Board of County Commissioners of Monroe County :t :~; r:.>~-.: ~;\ ,-- <'.:.',::':-. .:-: ..t)ju >n ~ Mayor/Chairman ~~~JL~j~~-tJ '..O.putye .. ec:1fiR'k :<......,'..,...-.."..-..-..-:.--... (CORPORATE SEAl) Attest: The Key West Pops, Inc. By. Secretary B(1'::D~~ ., ~ President c:s OR Witness UZAN EA. unON Date ASSlsrAN~~J1~)FINEY Key West Pops Orchestra Cultural Umbrella Funding FY 2006 4 o. I!XNI.'T A MONROE COUNTY TOUR'ST DEVELOPMENT COUNCil CULTURAL UM8PteL.1.A SCHliDUL.e OF f!VeN'TS FISCAL YEAR 2006 EVENT NAME: IhfllSey \'\feat Pop& O(J:heAtnl_ Lil' ld'IeduJed IMInt aCUVlties in date om.,. f1 p...pro~oon is indUd8d, indicate the .vent dates Of the neld seuon, If funded, funds will .. reimbunJed only tOr the promotion of event activities listed here, October 22~ 2005 at the Tropic: ern.m,. IJna~ willi "T" Wtrard of 01.11 HeId.t the Tmpk:: Cinema, thflllfJdience will be MOOU~od.to come in .t:DIl/UnHN' from the movie, Timing: the sl81t of 2005 F8nttl8y FNt Mties. COnc;ett includes If showing of tho gdginlll movie with Judy Gtllfand, wHh bouncing btIH and /y~ for.8Ch sang.. .so the audience can sino -1onf1. oec.mbe,"~ 2005 ,t tha K., W_t "180 School AYdllqrJun) ".a NtfpIr of Gw.hW/IIH A su~r,tju 5J-pt~t:~ Ori:Mstra will dtJ p'oudJUs~i! 10 Gi!mgt.!Gershwin'~ clossic _ic- In.c1ud/nR II Pwp1fta1'U:, g/lh4 hrillUm, c",shw;1'I CMdtm(1l,. F 101" p~ {lIU# OrcMsrra. willa pialto sdlout from New YfJ'*. &JIJu-Q' 1IA 2001-. th4J San Cart.. Ins_uta ~tnN:t rram 8{~; Lee Rcw ~ma and F~O/ 'T1u! r:vrr.pppulaT UI!! Roy Rt:wm will ~ Joined by Jive!: other lqp-nolch. $0101$1$, celebt-ut-d coll~ /rom the Broadway JIagi!. Jtngtng hin from pan D1'&d pre3ens BtTJUdwu.:; :lhows. Man:h S. 2006 at the Key West HiGh School AUdltoriu,. .......uo ~ In C:nnr:Mt A Key Wesf /tJw,"'t~. Suzie S~Ukl, will SffU in fhe i"es.;stihle BfoodWdY 'fnt:JSkrpuces. performed by a Z6-pkc~ orcheSW4 and a cast ftaruring kadingj KI!!Y . West perJOrmus and f'l'Utmbc" o/fN Kl!'ys ChOTa"'. 12346 EXHIBIT B MONROE COUNTY TOUIST DEVELOPMENT COUNCIL CULTURAL UMBRELLA EVENT FUNDS BUDGET BREAKDOWN FISCAL YEAR 2005 EVENT NAME:KEY WEST POPS ORCHESTRA MEDIA ADVERTISING $ 5,000 BROCHURES, POSTERS, PROGRJ $ 2,300 DIRECT MAIL & POSTAGE $ 200 PHOTO PROGRAM $ PUBLIC RELATIONS $ 500 PROMOTIONAL ITEMS $ (T-SHIRTS, CAPS, JACKETS,ETC.) MISCELlANEOUS* $ 760 TOTAL: $ 8,760 *MISCELLANEOUS MAY NOT EXCEED 15% OF THE ABOVE BUDGET ACTUAL EXPENDITURES MAY DEVIATE NO MORE THAN 10% FROM THIS BUDGET. THE MAXIMUM REQUEST IS $25,000.00. FUNDS ARE PAID ON A REIMBURSEMENT BASIS. ALL PRINT AND TELEVISION MATERIALS MUST DISPLAY THE CURRENT Toe LOGO ALL BROADCAST ADVERTISING PLACED OUTSIDE MONROE COUNTY MUST INCLUDE 1 "SPONSORED IN PART BY THE FLORIDA KEYS AND KEY WEST, MONROE COUNTY TOU DEVELOPMENT COUNCIL." IF FUNDED, EXHIBITS A AND B WILL BECOME PART OF YOUR CONTRACT AND TRANSM OFFICE OF THE CLERK OF THE COURT. m[ [lORIDA KfYS & KH weST MOHRO{ COUNTY TOURIST OMWPHOff WilMOt Come as you ares rue [lORIDA KfYS & KH W[ST MONRO{ (OIlNTYTOIlRIST OmlOPH[NT WIlMOl Come as you ares rue [lORIDAKHS&KHWfST MONRO{ COUNTY TOURIST [)fVHOJ>MfNT (OUtIOl Come as you arc3 ru[ [LOR IDA KHS & KH weST HONRO[ COUNTY TOURIST DmlOPH[NT COUN(Il Come as you ml.l' rur [LORfDA KUS & (tY weST MONRO{ COUNTY TOURIST DmlOPHOO COUIKIl Come as you are3 rut [lORJDA KUS & KfY WfSr MONRO[ COIJNlY TOURIST OOOOPHfHT (OUtIOl Come as you ares THE UORJDA KEYS & KfY WfST ruf [lORJDA KfYS & KEY WEST THf [lOR IDA KfYS & KfY WfST MONROf COUNTY TOURIST DfVfLOPMfNT COUNCIL MONROf COUHTYTOURIST DffiLOPMOH COUN(Jl MONROf COUNlY TOURIST OfVHOPMfNT COUNCil Come as you are* Come as you ares Come as you are3 TUf [lORIDA KfYS & KfY WfST THf [lORJDA KfYS & KEY WEST THE [lORIDA KEYS & KfY WEST MONROf (OUNTY TOURIST DfVflOPMfNT (OUNOl MONROf COUNTY TOURIST llffiLOPMfNT COUNCIL MONROf COUNlYTOURIST OfVUOPMfNT COUNCIl Come as you are3 Come as you are<l\l Come as you are3 fUf fLORIDA (fYS &Ktvwm fUf fLORIDA KfYS & (tv wm fUf fLORIDA (fYS & Kn wm MONROf COUNTY TOURIST DfVnOPMfNTCOUNClL MONROf COUNTY TOURIST DfVnOPMfNT COUNCIL MONROf COUNlYTOURIST OfVtlOPMENT COUNCIL Come as you are@ Come as you are@ Come as you are@ fUf fLORIDA(fYS&KfYWfST fUf fLORIDAKfYS & Ktvwm fUf fLORIDAKfYS&Knwm MONROE COUNTY TOURIST OfVnOPMfNT COUNCIL MONROf COUNTY TOURIST DfVfLOPMfNT COUNCIl MONROf COUNTY TOURIST DfVfLOPMfNT COUNCIL Come as you .ue@ Come as you are@ Come as you are@ THf [lORIDA KfYS & KfY WfST MONROf COUNTY TOURIST DfVfLOPMfNT COUNCIL Come as you are@ TNf [LORIDA KfYS & KfY WfST MONRO[ COUNTY TOURIST DfVnOPMfNT COUNCIL Come as you are@ TNf [LORIDA KfYS & KfY WfST MONROf COUNTY TOURIST DfVnOPMfNT COUNCIL Come as you are@ IHfJLORIDA KfYS & KfY WfST MONRO[ COUNTY TOURIST D[VnOPM[NT COUNCIL Come as you are@ MCTG-8084 Logo Slick L01 1996 Edition MONROE COUNTY, FLORIDA Request For Waiver of Insurance Requirements It is requested that the insurance requirements, as specified in the County's Schedule ofInsurance Requirements, be waived or modified on the following contract. Contractor: See Event Attachment -=:j1.{<:; K.0-( ~ ~ PS, If\JC . Name of Entity: Name of Event: k ~'1 \AI€;$ 'r po PS otWi t;:S'?(2.ft Contract for: Services Address of Contractor: c/o TDC Att: Maxine Phone: 305-296-1552 Scope of Work: Advertising and Promotion Reason for Waiver: Providing funds to promote event only.... Minimal exposure to county Policies Waiver will apply to: See Attached Signature of Contractor: Not Approved AP~ Risk Management: ," Date: County Administrator Appeal: Approved Not Approved Date: Board of County Commissioners Appeal: Approved Not Approved "'leering Date: Administration Instruction #4709.2