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Item C08DIFFERENTIALOF LOCAL PREFERENCE: COST TO COUNTY:- $U SOURCE OF E ){GETED: Yes X N( T approved budget REVENUE PRODUCING.- Yes Nor X AN104JNT PER MONTH Ye*r c { County Atty O"dV Risk Management ' C/c D ATI0N: Included Not Required__ DISPOSITION: AGENDA ITEM # AGREEMENT FOR USE OF MONROE COUNTYFACILTITIES_ 2010-2011 School Year We the undersigned, agree to paythe District School Board of Monroe County, a rental fee of 7 e00 per day (School Board Policy 7510, Use of $ i iti s) for the use of1he Ruth; Alice i fiu�at STXNLEY SWfK ELEMENKARY SCHOOL on during the hours of _: �- � - o the date f �i . I/Ve agree to pay any expenses including overtire expenses incurred by the Board for cafeteria and custodial personnel ,School Board Policy 75 ; Use of F 3liti s , A cafeteria emp'loyee shall be present whenever cafeteria kitchen facilities are used, We will require the use of air conditioningfor A hours and agree to pay $55.00 per hour for total of 5220.00, (School Board Police 75 .- Use of Facilities), isle agree to accept financial responsibility for repairing six damage to school property r connected with the use of the school facility involved. In the event the renting agency is not a local organization but a group of promoterscar non- resident professional group, the rates are to be tripled'. �t Monroe Count Disabili School Name aniz i 4 ` David Murphy, rigs . ! Cindy McKnigi top,esplta ve Signature r NOTE, Fee must be paid priort thet f the f is t is t e U c1 BoarsPoli i0ake check; payable to, Stanley Switlik School or Monroe County School Board FEE:Rental: 75.E 0.0 Custodial Staff: Cafeteria Staff-, TOT A.: ` Orr 5 t �`X 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 wii�h 4isabilrties Subject to the provisions of this Agreement, the District authorizes the undersigned person/entity to utilize School District Facilities: To be completed by organization reguesting_g use: 1. Name of Facility Requested; Ruth Alice Campbell Cafeteria. Stanley Switlik �lementanr 2. Date(s) requested: Wednesday. July, 25 2012 3. Specific area(s) requested: Cafeteria area and stage 4. Begin/End time of use: 10 a.m.-_2a'.m. a. Renting Organization: FK Council for People with Disabilities fi, Purpose of Activity: Community Aw r n d Anniversary of the ADA 7. Liability Insurance: Yes: X No: Certificate of Insurance Provided: Yes: X No: +ATM wad MA j i.,-41 8. Person in Charge::r:2ctk, FK Council for People ItDisabilities Address: 1100 Simonton Street su4e 1-187 Key ft FL 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. %'tGK4 ! It is understood and agreed tha o alterations ma e made to the a ctrical 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 . U Usage. 1 r Monroe County, DisabtirZes Courtcif -C Name of Organization tgnature Autho d Person office Pastt,on To be completed by principal of facility: Principal Approval Yes: XNo: Date, i / Principals Total charges listed below are to be paid by check to Monroe County School District: Assignment of School Board staff Rate of Charge: Personnel: (Neale & Title) Custodian: Maintenance, etc. Non -Certified personnel: Certified Personnel- VUIG7., hours = S per hour per hour hours = $ $ _ perhour .�bours = $ per hour $ Usage Fee: Classroom:_ # of rooms hours $ Auditodum/Cafeteria: $ 9 00.00 # of rooms I hours S 1 Q.00 Gymnasium: $`_ # of rooms hours _ S Outdoor Fields: $ _ # of rooms hours $ Other:AC 55•t �# of rooms _houSr211, Sales Tax: Total Usage Fees envoi 1, Florida sales tax and any other applicable federal, county or municipaithe lessee. For non-profit organizations, a copy of a Consumers Certificate of exemption issued pursuant to Chapter 212, Florida Statutes. and a copy of your tax I. D. number is required to waive~ sales tax_ 2. All 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 technicalequipment is to be used, an authorized employee of that school site must 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 expanse, 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, S1,000.000 for pvfbunai rnjurres area creams 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 loss or damage through public use of, or arising out of accidents or occurrences that happen in or around, the teased Premises, and will include MCSUs 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. MCSD 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 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 imments is the sole responsibility of the lessee. In theeventthat the proper funds are not received the event wil be cancelled. 11. THE FIRE MARSHALL and the MCSD require that the posted occupancy load be strictly enforced for all events held in the MCSO 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 tray 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 fl 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 $10.00 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 PROH1131TED: 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. IT 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. amm� 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 (but 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 MCSO. 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 action 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. irsigned (Renter) to Provide Defense against Claims and Suits�; The undersigned snail indemnify, defined and hold harmless the MCSD and all of its office'rs. agents and employees, from all claims, fo*ses, damages, costs, charges, or expenses arising out of anyacts. 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 p, a*rties 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 referen1ced 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 contra-_t, Page 4 of 5 is ♦ • !� t, # - #- i # �. 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: Witnessed By, Name Address Page 5 or 5 Revised: 11/16/11 MONROE COUNTY BOARD OR • . Florida •uncil for People with Disabilities Commissioner Sylvia Murphy Murray Nelson Government Center 102050 Overseas Hwy, Suite 234 Key Largo, FL 33037 Phone) 453-8787 Appointed: 11116/11 Term Expires: 11/2012 Gay Hall 721 W. Indies Drive Ramrod Key, FL 33042 Home) 872-0546 Date Appointed: 4/16/08 (Replaced Michelle Wisniewski) Term Expires: 7/1/2010 Stan Darczuk 575 52" d 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(o)-bellsouth net Date Appointed: 3/17/10 Reappointed: 6/16/10 Term Expires: 6120/2013 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: 4/2012014 Jerry Gaddis 9 Miami Drive Key Largo, • / E i JGaddis@TropicalBusinessSolutions.com Term Date Appointed- 8117/11 (Fulfilling term of Bill Gordon) District 1 District 2 District 3 District 4 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 schmidtiO-ci.marathon.fl.us Date Appointed: 5/16/07 by B©CC Reappointment: 11119/08, 11/16/11 Term Expires: 11116/2014 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." 04117/96, 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,; 10116/96, Ordinance No.054-1996, Provided for 1 alternate member for a 3 year term. 8/12/98 BOCC approved name change to "Florida Keys Councilfor People with Disabilities". Terms: 3 years: �e County Attorney ORDINANCE NO 054 1996 )E COUNTY Ct KtV15ING SECTION 2-373(8), MONROE COUNTY CODE, PROVIDING FOR APPOINTMENT OF THE ALTERNATE MEMBER, PROVIDING FOR EVERABILITY; 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-1--- 3NRO&OtXITY, FLORIDA, THAT; o --n Section 1. Section 2-370, Monroe County Code, shall be amended to read a+s'follo There is hereby created and established a commission to be ar hereinafter entitled "Florida Keys Council for the Handicapped." The number of persons can said commission to be appointed by the Board of County Commissioners shall be five (5), talus one ! 1 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 Commissioners shall gp-p-Qint a designated alternate to serve at any regularly scheduled meeting of the Council for the Handicaa~ ged only. g2on'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 mode to this commission shall be for a period oftimeas . ' ihereinaftereach • Commissioner shall appoint at • .member•this commission membership of . • Handicapped Commission, selecting individuals who have been most active on the Pre- existing commission. These initial appointments shalt 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 occurson 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, pointed -by the Board of County Commissioners, shalt server term of three (3years Section 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. Section 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. Section 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, of a regular meeting of the Board held on the16th_dav of October lggb Mayor Freeman Mayor Pro Tem London Commissioner Harvey Commissioner Douglass Commissioner Reich ATTEST; DANNY L. KOLHAGE, CLERK Deputy Clerk AND er_ DATE ves yes 7U"9— Xe yes BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA QRDINANCE NQ 023 -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 QF QRDINANCES' 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 Htandicapped.", The number of persons can said commission to be appointed by the Board of County Commissioners shall be #were- five { 2+ M. Section 2. Section 2-371, Monroe County Code, shall be amended to react 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 physke- handicapped or of individuals who have exhibited a ``dedication and an interest in helping those persons who have Physicel handicaps. Two (2) members of this commission, eppGW #ed by Mgy shall be phally handicapped and the other #era (10) members of this commission may or may not be physic� handicapped, using the term "Physieelly handicapped" to be defined as in the Code of Fede[91 Regula ' ns. Members of this commission shall either work in or be residents of Mapro Coney. rn Members who serve on this commission should not be candidates for of rtiiin to nny a public office, , .., Cj �Y Section 3. Section 2-372, Monroe County Code, shall be amended to reds folios: r� %0 f '. The original commission appointed under this article shall be composed of #we ne}" LU members selected by each member of the Monroe County Board of Cernrnission s and Section 4. Section 2-373, Monroe County Code, subsections (a) and (b) shall be amended to read as follows: The initial appointments made to this commission skall ba ff)q-w • _ .- • • • J Veen.peF!Gd of three (3) 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 seven three f 7} Qj 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. Any GRd oil meetiRgs shall be publie 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 17tbday of April , 1996. Mayor Freeman yes Mayor Pro Tern London absent Commissioner Harvey yes Commissioner Douglass yes Commissioner Reich yes (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK By Dep y Cle BOARD OF COUNTY COMMISSIONERS OF MONRQFCOUNTY, FLO APPROVED AS TO FORM By AND LEG SUFFI Mayor/Chai n jordhandi BY A 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 DATE. 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 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 I A.D., 1987. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By OZIPW ?�±� , A. /Rayor/Chairman (SEAL) Attest: A -7 ADOPTED:— July 7, 1987 FILED WITH SECRETARY OF STATE:_ EFFECTIVE DATE: '7- IS - 87 2 I APPROVED A$ TO FORM /I A 4 fty Attamey's Ofte F7V_1'*F Kayor Wilhelmine Harvey t#RDYNANCE No. 024 .1985 WHEREAS, Monroe County wishes to aastst and aid the phys. ically handicapped in any and all ways that are legally possible. and WRERE,AS;, as an addition, the Hoard now desire* to create �t body ,for the purpose of aiding those people, and the said body shall be herein known as the Commission for the Advancement of the Physically Handicapped, and WIMREAS; the Hoard finds and "does indicate that there'; is a vary 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 WHEREAS, such a Commission for the Advancement of the Vhysically Handicapped can play an important part in the lives of those unfortunate people and shall from time to time ptopose to the C*izzisi slo . either ordinances -or . resolutions .that , may hays $ome significant impact of the everyday problems of these pbys- ically handicapped individuals, now. therefore, It IT ORDAINED BY THE BOARD, or comm Ci7ti issiCNns or MMOZ COUNTY, FLORIDA, as follows: Section_1. That there is hereby created and established a comadesioa to be hereinafter entitled "Commission for the Ad- vaneement for the physically Handicapped," The number of persons on said Commission to be appointed by the Board of County Commis- siodsrs shall be as follows: 12 Section 2. Members who are Appointed to this Commission shall be representative of any and all organizations or agencies that at* 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 physicalhandicaps. Two (2) members of this commission. appointed by the mav^^ _u_vs be physically handicapped and the 'other ten (0) members of this Commission may or may not be physically handicapped, using the term "physically handicapped" to be defined ss in the Coda of federal Regulations. Members of this Commission shall, either work or be residents of Monroe County. Members who serve on this Comrailsion should not be candidates for election to any public office. Sec —._ion 3. The original Commission appointed under this Ordinance shall be composed of two (2) members selected by each %ember of the Monroe County Board of County Commissioners and two (2) vho shall be selected in the following fashion: by the Mayor; Sash The Chairparson of this first Commission shall be selected by the Aid to the handicapped Commission at its first Meeting and #hall serve in such capacity for a period of one (1) year. As Chairperson this 'person *hail be responsible for advising individuals and organisations in Monroe County of the •xistencs of this Commission and its purposes. It is provided herein that when the appointments art made', both initially and at later time or vacancies, at least two_a*pwars of this Cousis•ion shall have physical handicaps. The initial appointments made: to this' ;ommission'sha12 be for a period of time as is stated hor*inafteri each Commissioner from Districts 3 and a shall appoint at least t+** (2) members to this Commission for a term of one (l) yearl Commissioners from Districts 1, 2, and 3 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 Mayer for a period of three (3) rears. Subsequant�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 shell appoint aome no in the category designated to the remainder of the unexpired term of office. Members of this Commission may be removed without cause only by a maJority vote of the Board of County Commissioners. The COMmirsion haraift appointed may discharge and remove a member th4ttoOf who has missed three (3) consecutive members without good and just reason.If one is removed from the Commission, the Chairpsreon of the Commission &hall certify the same to the Board Of County Commissioners, and at that time it is deemed that the vacancy will than occur for that particular position. If vacancies occur on the Commissioa, 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 - sinners Shall fill the vacancy. The tarts of officers created by this Ordinance shall commence on the lot day of January and, consequently, the tarminatton data of any and all ;appointments will be on the 32st day of December. Sects At the initial meeting of the :Commission created herain an election will be hold wherein the Commission Will aslant a Chairperson, a 'Vica•Chairperaon'and a Secretary. It Vill take seven (7) persons on this Commission to constitute a quorum which shall be necessary to bold any matting or take afty, action whatsoever. The first matting of this Commission shall occur on the loth day after the Commission is so eeleetad 424 designated by the Board of County Commissioners and #hall ba presided over by a tozporerily elected Chairporsta, news$ positio*' gild authority will be transeired, to the' a.Uctsd Chairperson ,at that initial meeting. The Chairperson of the Commission rill sot the data, time and place of all meetings, but a special meeting may ba arranged upon the call of at least four (4) members of this Commission in writing. Thera shall be at later six (6) meetings a year. All minutes *hall be kept by the Secretary and be part of the regular and ;permanent records of this Commission. Anr and all meetings shall he public and •hall be properly noticed to the public. 3 Section_._f'• No compensation shall be paid to people select - ad to this Commission, but the hoard 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- p*nsatad Section 7. The Commissioncreatedhereunder shall have, the following powerst a. Advise the hoard of County Commissioners, and when asked by the County Commission, make recommendations and suggestions to the County administration on any and all matttrs that pertain to the status and handling of physically handicapped parsons' problems which shall include, butnot be limited to, discrimination against physically handicapped personal the employment of physically handicapped personal the vocational and manual training for physically handicapped persona} the determination of the transportation needsof the physically handicapped personal determine the attitudes toward the physical- ly handicapped persons in the community, and in so doing, recom- send ghat 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 Monroo County. b. Act in a liaison capacity between the Board of Counter Commissioners of Monroe County and the people in this County who are physically handicapped to the point of consulting vitt, representatives of this body from time to Zia* as requested and necessary in order to carry cut tho Coamias on`s functions and duties._ c. When necessary and 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 :,* investigate in such studios the employment. education, and transportation and other problems relating to the physically handicappsdi to determine the difficulties involved in the establishment of a residential center for physically handicapped 4 personae the treatment of these people, Tecreational 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 personsinterested in the activitiea 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. loan other activities that relate to this Commission, which shall be referred to them by the Board of County Cotmals- sionors 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 a. - it is understood' that the posters, duties and prerogatives of this Commission are only advisory. The right to subpoena witnesses or compel the attendance of witnesses doss 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 ':!uvIness of this Comoeiasi:ln. the staff in the administration of the County of Monroe shell be involved in siding this Commission whet* requested. The County; Administrator, at his discretion, any direct any staff member or employee of this County, to aid this Commission in its activities when requested. Section 9. if any stetion, subsection, sentence, clause or provision of this Orsiinancs is held invalid, the remainder of this Ordinance shall not be affected by such invalidity. 5 .t Section All ordinance& or parts of ordinances in con- flict with this ordinance are hereby repealed to the extent of ,any such conflict. Section It. 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 *boll be appropriately renumbered to conform to the uniform numbering system of the Code. Sect�2 This ordinance shall take effect upon receipt of official notice from the Office of the Sacretary of State of the State of Floridan that this Ordinance has boon filed with said Office. PASSED AND ADOPTED by the Board of County ;Commissioners of Kontos County, Florida, at a regular meeting of said Board hold "on the jf4 day of A.O. 1495. BOARD OF COUNTY COWISSIONExS OF MONROE COUNTY, noxIDA BY (SEAL) [' Atto&ts DAM 1% KOLBAGA Clerk AT GMAS fOMW -1 ADOPTED o ©'.3► f" FILED WITH SECRETARY OF S?ATE t EFFECTIVE DATEi_ 6