FY2005 10/20/2004DANNY L. KOLHA GE
CLERK OF THE CIRCUIT COURT
DATE:
October 26, 2004
TO:
A TTN:
FROM:
Lynda Stuart, Office Manager
Tourist Development Council
Maxine Pacini
Administrative Assistant
Pamela G. Hanc~
Deputy Clerk
At the October 20, 2004, Board of County Commissioner's meeting the D8 Board granted
approval and authorized execution of the Cultural Umbrella Funding Agreements between
Monroe County and the following: Island Opera Theatre of the Florida Keys, Inc. covering the
Island Opera Theatre Concert Series between October 2004 and September 2005 in an amount
not to exceed $19,000, FY 2005 Two Penny Cultural Umbrella Resources; Key Players, Inc.
covering the Key Players, Inc. 2004/2005 Season between October 2004 and September 2005 in
an amount not to exceed $25,000, FY 2005 Two Penny Cultural Umbrella Resources; Key West
Players d/b/a Waterfront Playhouse covering the Key West Players d/b/a Waterfront Playhouse
between October 1, 2004 and September 30, 2005 in an amount not to exceed $15.000, FY 2005
/~4V~rO_ ~P_e_nn,,y 5ultur..al ~mb.rella~ Resources;~
, athon Community Theatre, Inc. coverin~ the
amon commumty ~neatre ~eason 2004/2005 m an am u
· o nt not to exceed $23,349, FY'~005
Two Penny Cultural Umbrella Resources; Red Barn Actors Studio, Inc. covering the Red Barn
Theatre/Live Theatre in an amount not to exceed $20,000, FY 2005 Two Penny Cultural
Umbrella Resources; Mci Fisher Maritime Heritage Society covering the "Sunken Treasure - 20
Years Later" between October l, 2004 and September 30, 2005 in an amount not to exceed
$20,000, FY 2005 Two Penny Cultural Umbrella Resources; Florida Keys Art Guild, Inc.
covering the Florida Keys Art Guild Outdoor Art Festival between November 2004 and April
2005 in an amount not to exceed $12,500, FY 2005 Two Penny Cultural Umbrella Resources;
Florida Keys Community College covering the Florida Keys Community College "Keys Chorale"
Concert Series in an amount not to exceed $6,918, FY 2005 Two Penny Cultural Umbrella
Resources; Florida Keys Community Concert Band,/nc. between November 2004 and April 2005
in an amount not to exceed $10,595, FY 2005 Two Penny Cultural Umbrella Resources;
Performing Art Centers for Key West covering the Tennessee Williams Theatre 2004-2005
Season between November l, 2004 and May 30, 2005 in an amount not to exceed $19,000, FY
2005 Two Penny Cultural Umbrella Resources; Key West Council on the Arts covering
Impromptu Concerts between November 2004 and July 2005 in an amount not to exceed $9,000,
FY 2005 Two Penny Cultural Umbrella Resources; Troid Brett covering the Blue Sky Art &
Craf~ Show on November 21, 2004 and Rites of Spring Art &Cratt Show on March 13, 2005 in
an amount not to exceed $3,200, FY 2005 Two Penny Cultural Umbrella Resources; Marathon
Garden Club, Inc. covering the 8th Annual Christmas Exhibit during December 2004 in an
amount not to exceed $4,000, FY 2005 Two Penny Cultural Umbrella Resources; Key West
Playwrights Company coveting the Key West Playwrights Compa, ny between December 2004 and
March 2005 in an amount not to exceed $6,918, FY 2005 Two Penny Cultural Umbrella
Resources; Key West Symphony Orchestra, Inc. coveting the Key West Symphony between
December 2004 and June 2005 in an amount not to exceed $20,000, FY 2005 Two Penny
Cultural Umbrella Resources; The Middle Keys Concert Association, Inc. covering the Middle
Keys Concert Season between January 2005 and March 2005 in an amount not to exceed $6,000,
FY 2005 Two Penny Cultural Umbrella Resources; Key West Literary Seminar, Inc. covering the
23rd Annual Key West Literary Seminar: Humor, on January 6-16, 2005 and the 24th Annual Key
West Literary Seminar: The Literature of Adventure, Travel & Discovery on January 5-8, 2006 in
an amount not to exceed $13,917, FY 2005 Two Penny Cultural Umbrella Resources; San Pedro
Women's Guild of the Keys, Inc. coveting the Art Under the Oaks on January 15, 2005 in an
amount not to exceed $2,000, FY 2005 Two Penny Cultural Umbrella Resources; Sculpture Key
West covering Sculpture Key West between January 16, 2005 and March 25, 2005 in an amount
not to exceed $19,000, FY 2005 Two Penny Cultural Umbrella Resources; Key West Art Center,
Inc. covering the Key West Craft Show on January 29-30, 2005 in an amount not to exceed
$5,200, FY 2005 Two Penny Cultural Umbrella Resources; Pigeon Key Art Foundation covering
the Pigeon Key Art Foundation on February 12-13, 2005 in an amount not to exceed $15,000, FY
2005 Two Penny Cultural Umbrella Resources; Key West Art Center, Inc. coveting the Old
Island Days Art Festival on February 26-27, 2005 in an amount not to exceed $5,200, FY 2005
Two Penny Cultural Umbrella Resources; Harry S Truman Foundation, Inc. covering the Harry S.
Truman Legacy Symposium: Quest for peace in the Middle East on May 19-20, 2005 (alternate
date: May 20-21, 2005) in an amount not to exceed $6,918, FY 2005 Two Penny Cultural
Umbrella Resources; Lower Keys Chamber of Commerce covering the 21 st Annual Underwater
Music Festival on July 9, 2005 in an amount not to exceed $8,500, FY 2005 Two Penny Cultural
Umbrella Resources; Key West An & Historical Society coveting the production of the Fishing,
Friends and Family Hemingway in Key West, 1928-1939 in an amount not to exceed $20,000, FY
2005 Two Penny Cultural Umbrella Resources; Florida Keys Land and Sea Trust, Inc. covering
the Florida Keys Birding and Wildlife Festival in an amount not to exceed $17,817, FY 2005 Two
Penny Cultural Umbrella Resources.
Enclosed are two copies of each of the above-mentioned for your handling. Should you
have any questions please do not hesitate to contact this office.
CC~
County Administrator w/o documents
County Attorney
Finance
File
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 Marathon Community Theatre, Inc. (hereinafter referred to as "Event Sponsor");
WHEREAS, the umbrella 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 $23,349 (Twenty Three Thousand, Three
Hundred and Forty Nine Dollars) for promotion and related expenditures effective October 1,
2004, as described in the event budget, attached hereto as Exhibit B, for production of the
Marathon Community Theatre Season 2004/2005 between October 2004 and September
2005. 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 line 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-allocated section of an Umbrella event budget may be utilized for unforeseen
permissible expenditures and for those budget lines that may require additional funds.
Monroe County's performance and obligation to pay under this agreement is contingent upon
an annual appropriation by the County.
2. Event Sponsor shall provide promotion and related services as described in the
Sponsor's application for funding, Exhibit A, attached hereto. All advertising and public
relations services or supervision of advertising and public relations will be provided through
the contracted agencies of the TOC 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 fiscal year ends September 30, 2005. 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
30, 2005 all invoices and support documentation as required by the County's Finance
Department rules and policies. Event Sponsor shall not be reimbursed nor will Event
Sponsor's vendors be paid directly for any invoices received by the County after September
30, 2005.
Marathon Community Theatre
Cultural Umbrella Funding FY 2005
1
3. Event Sponsor shall 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 shall maintain records pursuant to generally 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 his/her/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 list following
a conviction for public entity crime may not submit a bid on a contract to provide any goods or
services to a public entity, may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work, may not submit bids on leases of real
property to public entity, may not be awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with any public entity, and may not transact
business with any public entity in excess of the threshold amount provided in Section 287.017,
for CATEGORY TWO for a period of 36 months from the date of being placed on the
convicted vendor list.
Marathon Community Theatre
Cultural UmbreHa Funding FY 2005
2
10. Logo: All promotional literature and advertising must display the "The Florida Keys &
Key West, Monroe County Tourist Development Council, Come as You Ate", 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 logo/trade mark
is utilized.
11. Insurance Requirements: Event Sponsor, as a pre-requisite of the Special Event
governed by this agreement, shall 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 Special Event and any extensions
specified in any attached schedules. Failure to comply with this provision may result in the
immediate suspension of the Event until the required insurance has been reinstated or
replaced. Event 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 all insurance policies required by this contract shall be filed with the
Clerk of the BOCC prior to the Event.
All insurance policies must specify that they are not subject to cancellation, non-
renewal, material change or reduction in coverage unless a minimum of thirty (30) days prior
notification is given to the County by the insurer.
Acceptance and/or approval of Event Sponsor's insurance shall not be construed as
relieving Event Sponsor from any liability or obligation assumed under this contract or
imposed by law.
The Monroe County Board of County Commissioners, its employees and officials 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 shall 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 shall be:
Marathon Community Theatre
Cultural Umbrella Funding FY 2005
3
* $1,000,000.00 combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
* $500,000.00 per person
* $1,000,000.00 per Occurrence
* $100,000.00 Property Damage
An Occurrence Form policy is preferred. If coverage is provided on a Claims
Made policy, its provisions should include coverage for claims filed on or after the effective
date of this contract. In addition, the period for which claims may be reported should extend
for a minimum of twelve (12) months following the acceptance of work by the County.
Recognizing that the work governed by this contract involves the sales and/or distribution of
alcoholic beverages, the Contractor's General Liability Insurance policy shall include Liquor
Liability with limits equal to those of the basic coverage.
A separate Liquor Liability policy is acceptable if the coverage is not more restrictive
than the contractor's General Liability policy.
".~.... :." '~..~'.":. ~....E E....SS WHEREOF, each ~~s caused this Agreement to be executed by its
t~.ijQ1y,~~epresentative, the Zf) \. day of &C / . 2004.
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Dep y Clerk
Board of County Commissioners
of Monroe County
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Mayor. hairman
The Marathon Community Theatre, Inc.
By t6 L
(CORPORATE SEAL)
Attest:
By.
Secretary
President
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MARATHON COMMUNITY THEATRE
2004-2005 Season Schedule -
October 8 and 9 - Marathon Community Theatre presents One Weekend Only: "Country Nights and
Broadway Lights" Join us for an evening of song & dance at our annual season-opening fundraiser,
followed by a fabulous champagne and buffet reception. Tickets are $40. For more information please call
743-0994 or 743-0408 Marathon Community Theatre is located at MM 49.5, 5101 Overseas Highway,
Oceanside - Next to the Cinema.
Nov. 11, 12, 13, 18, 19, 20, 26, 27, 28 (matinee), Dec. 2, 3, 4 - Marathon Community Theatre presents
Proof, a drama by David Auburn. Tickets are $13/adult, $7/children under 18. Evening curtain is 8 p.rn.
For more information please call 743-0994 or 743-0408. Marathon Community Theatre is located at MM
49.5,5101 Overseas Highway, Oceanside - Next to the Cinema.
December 11, 4 p.rn. - Marathon Community Theatre's Fifth Annual, FREE Holiday Concert and
Sing-a-Long. The Marathon Community Theatre Chorus holiday concert featuring the MCT Tropical
Tappers and the MCT Dance Troupe has quickly become one of the island's favorite holiday events. It's
FREE family fun for everyone and our gift to the community. For more information please call 743-0994
or 743-0408. Marathon Community Theatre is located at MM 49.5,5101 Overseas Highway, Oceanside _
Next to the Cinema.
Jan. 6, 7, 8, 13, 14, 15, 16 (matinee), 20, 21, 22, 23 (matinee), - Marathon Community Theatre
presents The Cemetery Club, a comedy by Ivan Menchell. Tickets are $13/adult, $7/children under 18.
The matinee curtain on January 16th & 28th is 3 p.rn. Evening curtain is 8 p.rn. For more information please
call 743-0994 or 743-0408. Marathon Community Theatre is located at MM 49.5,5101 Overseas Highway,
Oceanside - Next to the Cinema.
Feb. 24, 25, 26, March 3, 4, 5, 6 (matinee), 10, 11, 12, 13 (matinee), 17, 18 19 _ Marathon Community
Theatre presents the hit musical Kiss Me Kate. Book, music & lyrics by Cole Porter. Tickets are $20.
Matinee curtain on March 6 & 13 is 3 p.rn. Evening curtain is 8 p.rn. For more information please call 743-
0994 or 743-0408. Marathon Community Theatre is located at MM 49.5, 5101 Overseas Highway,
Oceanside - Next to the Cinema.
April 15, 16, 22, 23, 29 & 30 - Marathon Community Theatre presents Massage Therapy, a new drama
by Joe Godfrey. Tickets are $13/adult, $7/children under 18. The matinee curtain on November 28th is 3
p.rn. Evening curtain is 8 p.rn. For more information please call 743-0994 or 743-0408. Marathon
Community Theatre is located at MM 49.5,5101 Overseas Highway, Oceanside _ Next to the Cinema.
Please also include these additions to your community or cultural calendar
September 29, 2004 - The Greater Marathon Chamber of Commerce will be offering a series of
Communication seminars by well known Richard Callahan, These seminars will be a free benefit to
Chamber members and $20.00 to non-members. This first seminar is the Introduction to Communication:
Listening Skills and will be held at the Marathon Community Theater on September 29m from 3pm until
5pm Call 305-743-5417 for Reservations. Marathon Community Theatre is located at MM 49.5, 5101
Overseas Highway, Oceanside - Next to the Cinema.
December 1, 2004 - The Marathon Community Theater will host its quarterly membership meeting at 7pm
If you are not a current member but are interested you are welcome to join us. We will have a social hour
after the meeting. For more information please call 743-0994 or 743-0408. Marathon Community Theatre
is located at MM 49.5,5101 Overseas Highway, Oceanside - Next to the Cinema.
February 11-12, 7:30 p.m. - Returning for its third annual Valentine's concert, ISLAND OPERA
THEATRE is back for its Evening of Love. These beautiful concerts have sold out the past two years, so
make it a point for your and your loved one to attend. Songs and scenes of love from musical theatre,
cabaret, and opera will get you in the mood! Tickets are $20.00. For more information please call 743-0994
or 743-0408. Marathon Community Theatre is located at MM 49.5,5101 Overseas Highway, Oceanside _
Next to the Cinema.
As always many thanks!
Wanda Whitehouse
MCT
GBM
EXHIBIT B
MONROE COUNTY TOUIST DEVELOPMENT COUNCIL
CULTURAL UMBRELLA EVENT FUNDS
BUDGET BREAKDOWN
FISCAL YEAR 2005
EVENT NAME: Marathon Community Theatre Season 2004/05
MEDIA ADVERTISING
$
20,984
BROCHURES, POSTERS, PROGRJ $ 840
DIRECT MAIL & POSTAGE $
PHOTO PROGRAM $
PUBLIC RELATIONS $
PROMOTIONAL ITEMS $
(T-SHIRTS, CAPS, JACKETS,ETC.)
MISCELLANEOUS* $
TOTAL: $
600
280
645
23,349
*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 TDC LOGO
ALL BROADCAST ADVERTISING PLACED OUTSIDE MONROE COUNTY MUST INCLUDE THE LINE
"SPONSORED IN PART BY THE FLORIDA KEYS AND KEY WEST, MONROE COUNTY TOURIST
DEVELOPMENT COUNCIL."
IF FUNDED, EXHIBITS A AND B WILL BECOME PART OF YOUR CONTRACT AND TRANSMITTED TC
OFFICE OF THE CLERK OF THE COURT.
THE [lORIDA KEYS & KEY WEST
MONRO[ COUNTY TOURIST D[V[lOPM[NT COUNCil
Come as you are@
THE [lORIDA KEYS &KEYWEST
MONRO[ COUNTYTOURIST D[V[lOPM[NT COUNCIl
Come as you are@
THE [lORIDA KEYS & KEY WEST
MONRO[ COUNTYTOURIST D[V[lOPM[NT COUNCil
Come as you are@
THE [lORIDA KEYS & KEY WEST
MONRO[ COUNTYTOURIST D[V[lOPM[NT COUNCil
Come as you are@
THE [lORIDA KEYS & KEY WEST
MONRO[ COUNTY TOURIST D[VROPM[NT COUNCil
Come as you are@
THE [lORIDA KEYS & KEY WEST
MONRO[ COUNTYTOURIST D[V[lOPM[NT COUNCil
Come as you are@
TH[ [lO R IDA KHS & KH W[ST TH[ [lORIDA KHS & KH W[ST TH[ [lORIDA KHS & KH W[ST
MONROf COUNTY TOURIST DfYfLOPMfNT COUNCIL MONROf COUNTY TOURIST DmLOPMfNT COUNCIL MONROf COUNTY TOURIST DfYfLOPMfNT COUNCIL
Come as you are@ Come as you are@ Come as you are@
TH[ [lORIDA K[YS & KH W[ST TH[ [lORIDA KHS & KH W[ST TH[ [lORIDA KHS & KH W[ST
MONROf COUNTY TOURIST DfYfLOPMfNT COUNCIL MONROf COUNTY TOURIST DfYfLOPMfNT COUNCIL MONROf COUNTYTOURIST DfYfLOPMfNT COUNCIL
Come as you are@ Come as you are@ Come as you are@
TH[ [lORIDA K[YS & K[Y W[ST TH[ [lORIDA K[YS & K[Y W[ST TH[ [lORIDA K[YS & K[Y W[ST
MONROf COUNTY TOURIST DfVfLOPMfNT COUNCIL MONROf COUNTY TOURIST DfVnOPMfNT COUNCIL MONROf COUNTY TOURIST DfVnOPMfNT COUNCil
Come as you are@ Come as you are@ Come as you are@
TH[ [lORIDA K[YS & K[Y W[ST TH[ [lORIDA K[YS & K[Y W[ST TH[ [lORIDA K[YS & K[Y W[ST
MONROf COUNTY TOURIST DfVfLOPMfNT COUNCIL MONROf COUNTY TOURIST DfVnOPMfNT COUNCIL MONROf COUNTY TOURIST DfVnOPMfNT COUNCIL
Come as you are@ Come as you are@ Come as you are@
T~[ flORIDA K[YS & K[Y W[SI
MONROE COUNTY TOURIST DEVELOPMENT COUNCIL
Come as you are@
m[ flORIDA K[YS & K[Y W[SI
MONROE COUNTY TOURIST DEVnOPMENT COUNCIL
Come as you are@
TH[ flORIDA K[YS & K[Y W[ST
MONROE COUNTY TOURIST DEVELOPMENT COUNCIL
Come as you are@
TH[ flO~IDA K[YS & K[Y W[ST
MONROE COUNTY TOURIST DEVELOPMENT COUNCIL
Come as you are@
MCTG-3125 New 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
Name of Entity:
M(~
t^1t:vrt&t &V\
(diM V'iJ..l.~ '1~ (7~
f1.caatlre- XtM6v\ ~ uroS-
Name of Event:
Contract for: Services
c/o TDC Att: Maxine
Address of Contractor:
Phone: 305-296-1552
Scope of Work: Advertising and Promotion
Reason for Waiver: Providing funds to l'romote event onlv.... Minimal exposure to
county
Policies Waiver will
apply to: See Attached
Signature of Contractor:
~
APprov~ ~ Not Approved
Risk Management: ~g__
Date: & !/ c; /0 <I \
County Administrator Appeal:
Approved
Not Approved
Date:
Board of County Commissioners Appeal:
Approved
Not Approved
Meeting Date:
Administration Instruction
#4709.2