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O. Commissioners' ItemsBOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: Wed., November 14, 2007 Bulk Item: Yes No XX Division: BOCC Department: Mayor Di Gennaro, District 4 Staff Contact Person: Tamara Lundstrom (305 289-6000) AGENDA ITEM WORDING: Report on conference call of October 25, 2007 with U.S. Department of State regarding President Bush's address on U.S. — Cuba Policy. ITEM BACKGROUND: The U.S. Department of State issued an invitation to Mayors to participate in a conference call briefing following the President's speech of October 20'. A summary report of the conference call and supporting documentation is provided. PREVIOUS RELEVANT BOCC ACTION: CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATIONS: TOTAL COST: COST TO COUNTY: BUDGETED: Yes No SOURCE OF FUNDS: REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year APPROVED BY: County Atty _ OMB/Purchasing Risk Management DOCUMENTATION: Included XX Not Required DISPOSITION: Revised 2/05 AGENDA ITEM # Office of Mario DiGennaro Mayor, Monroe County U.S. Dept. of State Telc-Conference Regarding President Bush's Address U.S. — Cuba Policy 2:30PM October 25, 2007: Daniel Turner, Assistant Director Office of Public Liaison and Intergovernmental Affairs, U.S. Department of State, introduced Caleb McCarry, Cuba Transition Coordinator, U.S. Department of State. Mr. McCarry provided a brief overview of the points made in President Bush's address of October 24, 2007 regarding U.S. — Cuba Policy. A new initiative to develop an international multi -billion dollar Freedom Fund. The Fund will help the Cuban people rebuild their economy and make the transition to democracy, and rebuild their country as soon as their government demonstrates that it has officially "in word and deed" adopted fundamental freedoms: freedom of speech, freedom of association, freedom of the press, freedom to form political parties, and the freedom to change their government through periodic, multi -party elections. If the Cuban government ends restrictions on internet access, the U.S. will license non- governmental organizations and faith -based groups to provide free computers and internet access to Cuban schools and students. Also, the U.S. will invite young Cuban students into the Partnership for Latin American Youth Scholarship Program, to help them have equal access to greater educational opportunities. ■ The President said there will be no change in the U.S. Embargo on the Cuban regime as long as the regime maintains its control over the economic and political aspects of the Cuban people. ■ Congress has approved additional funding support for Cuban democracy efforts, and the President will sign it into law as soon as the legislation is received. ■ Called upon other nations to make tangible efforts to show public support for Cuba's democratic opposition to the regime). Then Mr. McGarry asked for questions from the Mayors participating: Mayor Di Gennaro made a statement thanking the gentlemen and the U.S. Dept. of State for organizing this conference call, and reaching out to the local communities. As Monroe County is located 90 miles from the island of Cuba and can anticipate to be affected by major changes in Cuban's government, pledged his and Monroe County's support to the President and the Department of State in any way we can be assistance in coordination with the U.S. government. Another Mayor, a Mr. Schwartz, asked about any change in the wet foot/dry foot policy at this time, the response was no change at this time. The conference call was ended at 2:45PM Page 1 of 1 Lundstrom-Tamara From: Turner, Daniel C (PACE) [TurnerDC@state.gov] Sent: Thursday, October 25, 200712:34 PM To: BOCCDIS4 Subject: Thank you for your kind words Mr. Mayor, Thank you for participating in our conference call this morning and for your voice of support. I hope that you and your staff know that if I can be of any help regarding issues of foreign policy or State Department concerns that you can always come to me. Secretary Rice has stressed to us that the collaboration with all elected officials domestically is the best foundation for good policy internationally. The office of Public Liaison and Intergovernmental Affairs exists for that sole purpose: so that you, as an important elected official, can get direct access with the right officials regarding any concerns you may have that will help you better serve your constituents. Any help I can offer you or your staff, please don't hesitate to ask me. Sincerely, Daniel Turner Daniel C. Turner Assistant Director Office of Public Liaison and Intergovernmental Affairs U.S. Department of State Office: (202) 647-5024 Cell: (202) 372-7758 10/29/2007 Page 1 of 1 Lundstrom-Tamara From: Lundstrom-Tamara Sent: Thursday, October 25, 2007 3:31 PM To: 'mccarryc@state.gov'; 'turnerDC@state.gov' Cc: 'Mel_Martinez@martinez.senate.gov'; 'Senator Bill Nelson (bill @billnelson.senate.gov)'; 'sarah.gamino@mail.house.gov; 'Governor Crist (charlie.crist@myflorida.com)'; County Commissioners and Aides; County Administrator Subject: U.S. State Department Conference on U.S. Cuba Policy Oct. 25, 2007 Gentlemen, Thank you for your email, and for having us involved. As Mayor of Monroe County, Florida, located a mere 90 miles from Cuba's shores, the closest U.S. soil to Cuba, I am very appreciative of your efforts today in holding today's telephone conference call with the U.S. State Department, particularly South Florida Mayors, regarding U.S. — Cuba Policy and President's Bush Address of October 24, 2007, Monroe County and South Florida will be greatly affected by changes in U.S. policy towards Cuba, in particular issues of immigration and commerce. I would request that you keep Monroe County informed and communicate with my office as necessary as events progress on this matter. I would like to be involved and participate in the team efforts to coordinate and address issues of concern to South Florida communities, including Monroe County, the Florida Keys that can expect effects locally from changes in U.S. Policy toward Cuba. I stand by to support President Bush and U.S. efforts for a free and democratic Cuba in any way that I can, provide any assistance possible that you may need. Respectfully, Mario Di Gennaro Mayor, Monroe County District 4 Commissioner 9400 Overseas Highway, Ste. 210 Marathon, FL 33050 Ph: 305 289-6000 Fx: 305 289-6306 10/29/2007 Page l of l Lundstrom-Tamara From: Turner, Daniel C (PACE) [TurnerDC@state.gov) Sent: Thursday, October 25, 2007 12:27 PM Subject: U.S. Department of State Thank You Thank you for participating On the conference call regarding U.S. -Cuba Policy October 25, 2007 Thank you for participating in our conference call this morning regarding U.S.-Cuba policy, The Office of Public Liaison is here to work with the American people by being a source of information and a domestic point of reference within the U.S. Department of State. We are happy to help with any questions or concerns you may have. If I maybe of further assistance, please do not hesitate to contact me. Sincerely, Daniel Turner Daniel C. Turner Assistant Director Office of Public Liaison and Intergovernmental Affairs U.S. Department of State Office: 1202) 647-5024 Cell: (202) 372-7755 10/29/2007 Page 1 of 2 Lundstrom-Tamara From: Turner, Daniel C (PACE) [TurnerDC@state.gov] Sent: Tuesday, October 23, 2007 5:04 PM Subject: State Department Conference Call on U.S.- Cuba Policy Attachments: image002.gif Please join The U.S. Department of Mate On a conference call regarding U.S. -Cuba Policy October 23, 2007 Tomorrow, President Bush will deliver an address regarding U.S.-Cuba policy. As a follow-up to that address, The U.S. Department of State will host a conference call to further expand on the President's remarks as well as answer any additional questions. The conference call will be led by Cuba Transition Coordinator Caleb McCarry. Immediately following his remarks, Mr. McCarry will take your questions. THIS CALL IS CLOSED TO ALL MEDIA. The conference call information is below. Title: U.S.-Cuba Policy Date: Thursday, October 25, 2007 Time: 10:30 A.M. Call -In: 1-888-455-9655 Password: Mayors Host: Caleb McCarry, U.S. Department of State i[17i►WPI Xlhyl Page 2 of 2 Moderator: Daniel Turner, U.S. Department of State We hope that your schedule will allow you to join this important call. If you have any further questions or concerns, please do not hesitate to contact me. THIS INVITATION IS NONTRANSFERABLE. Sincerely, Daniel Turner Daniel C. Turner Assistant Director Office of Public Liaison and Intergovernmental Affairs U.S. Department of State Office: (202) 647-5024 Cell: (202) 372-7758 i117L►RYKII&A Fact Sheet: Encouraging Freedom, Justice, and Prosperity in Cuba Pagel of 2 THE WHITE HDUSE PFESID�NT r .f C ORi.E W BUSH 4 CL:CF .+F 4E 7- F'F?C1,- For Immediate Release Office of the Press Secretary October 24, 2007 Fact Sheet: Encouraging Freedom, Justice, and Prosperity in Cuba President Bush Announces A Series Of Measures To Support Growing Democratic Movements In Cuba 9 President Bush Discusses Cuba Policy Today, President Bush announced measures to help prepare Cuba for Lj White House News transition to a democratic future, including a new initiative to develop an En. Espanol international multi -billion dollar Freedom Fund. Before his speech, the President met with family members of political prisoners in Cuba. The President believes that now is the time to stand with the Cuban people as they stand up for their liberty. The world should put aside its differences and prepare for Cuba's transition to a future of progress and promise. The President has asked Secretary of State Condoleezza Rice and Commerce Secretary Carlos Gutierrez to lead the effort to form the Freedom Fund by enlisting foreign governments and international organizations to contribute. This Fund would help the Cuban people rebuild their economy and make the transition to democracy. It would give Cubans access to grants, loans, and debt relief to rebuild their country as soon as Cuba's government demonstrates that is has adopted, in word and deed, fundamental freedoms: freedom of speech, freedom of association, freedom of the press, freedom to form political parties, and the freedom to change their government through periodic, multi -party elections. . The President also announced measures that the United States government is prepared to take right now to help the Cuban people directly — but only if Cuba's ruling class gets out of the way. o If Cuban rulers will end their restrictions on Internet access for all of the Cuban people, the U.S. is prepared to license nongovernmental organizations and faith -based groups to provide computers and Internet access to Cuban students. o If Cuban rulers allow them to freely participate, the U.S. is prepared to invite Cuban young people whose families suffer oppression into the Partnership for Latin American Youth Scholarship Program, designed to help them have equal access to greater educational opportunities. The President highlighted family members of political prisoners in Cuba who have been jailed for nothing more than their beliefs. o Ricardo Gonzalez Alfonso was arrested for writing ideas that the Cuban authorities did not like, and was sentenced to 20 years in prison. o Jose Luis Garcia Paneque was sentenced to 24 years in prison for daring to speak the truth about Cuba's regime. o Omar Pernet Hernandez is serving 25 years in prison for being an advocate of freedom and human rights and was punished for his beliefs. o Jorge Luis Gonzalez Tanquero was arrested and is serving time inside a Cuban prison, charged with crimes against the state after defending the human rights of his countrymen. o The President also mentioned leading dissidents such as Dr. Oscar Elias Biscet, Normando Hernandez Gonzales, and Omar Rodriguez Saludes. The President reiterates U.S. Government policy that the embargo on the Cuban regime must stand as long as the regime maintains its monopoly over the political and economic life of the Cuban people. Trade with Cuba under the current regime would merely enrich the elites in power and strengthen their grip. Congress should show their support and solidarity for fundamental change in Cuba by maintaining our embargo on the dictatorship until that change comes. The Free World Can Do Much More To Show Its Solidarity With The Cuban People http://www.whitchouse.gov/news/releases/2007/10/print/20071024-7.htm1 10/29/2007 Fact Sheet: Encouraging Freedom, Justice, and Prosperity in Cuba Page 2 of 2 The United States stands with the Cuban people in their suffering. We have granted asylum to hundreds of thousands who have fled the repression and misery imposed by the regime, rallied nations to take up the banner of Cuban liberty, and authorized private citizens and organizations to provide food, medicine, and other aid. This aid totaled over $270 million last year alone. The President thanked members of Congress for their bipartisan support in a vote for additional funding for Cuban democracy efforts and asked them to complete work on the measure, so that he may quickly sign It into law. President Bush also calls on other nations to make tangible efforts to show public support for dissidents in Cuba. The Czech Republic, Hungary, and Poland have shown their leadership and courage by becoming vital sources of support and encouragement to Cuba's brave democratic opposition. The President encourages other nations to follow their lead by: • Opening their embassies in Havana to pro -democracy leaders and inviting them to events; • Using the lobbies of their embassies to give Cubans access to the Internet, books, and magazines; and • Encouraging their country's nongovernmental organizations to reach out directly to Cuba's independent civil society. The United_ States Is Committed To Helping Cuba -Join The Democracies of the World The policy of the United States is clear: to break the absolute control the regime holds over the material resources that Cubans need to live and prosper. The Cuban people are denied the most basic freedoms and opportunities — freedoms that are enshrined in the Universal Declaration of Human Rights and which governments in our hemisphere have agreed to honor and defend in the Inter -American Democratic Charter. Throughout the Western Hemisphere, the United States has established itself as a reliable partner that has worked to strengthen the sovereignty of our neighbors by supporting human rights, democracy, and the rule of law and by promoting open markets. Return to this article at: http:l/www.whitehouse.gpvinews/rel eases/2007/10/20071024.-7.html http://www.whitehouse.gov/news/releases/2007/10/print/20071024-7.htm1 10/29/2007 President Bush Discusses Cuba Policy Pagel of S THE WH17E w;�usl PRESIDENT President Bush Discusses Cuba Policy U.S. Department of State Washington, D.C. E Fact Sheet: Encouraging Freedom, Justice, and Prosperity in Cuba 1:20 P.M. EDT For Immediate Release Office of the Press Secretary October 24, 2007 Video (Windows) Presidential Remarks w Audio THE PRESIDENT: Thank you very much. Gracias. Buenos Dias. I am pleased W Photos to be back at the State Department. I appreciate the work that's done here. En_Espahol Every day the men and women of this department serve as America's emissaries to the world. Every day you help our country respond to aggressors and bring peace to troubled lands. Every day you advance our country's mission in support of basic human rights to the millions who are denied them. Secretary Rice constantly tells me about the good work being done here at the State Department, and on behalf of a grateful nation, I thank you for your hard work and I'm pleased to be with you. Few issues have challenged this department -- and our nation -- longer than the situation in Cuba. Nearly half a century has passed since Cuba's regime ordered American diplomats to evacuate our embassy in Havana. This was the decisive break of our diplomatic relations with the island, a troubling signal for the future of the Cuban people, and the dawn of an unhappy era between our two countries. In this building, President John F. Kennedy spoke about the U.S. economic embargo against Cuba's dictatorship. And it was here where he announced the end of the missile crisis that almost plunged the world into nuclear war. Today, another President comes with hope to discuss a new era for the United States and Cuba. The day is coming when the Cuban people will chart their own course for a better life. The day is coming when the Cuban people have the freedom they have awaited for so long. (Applause.) Madam Secretary, thank you for your introduction. I'm pleased to be with you and Ambassador Negroponte and all who work here. Thanks for the hospitality. I'm pleased to be here with our Secretary of Commerce, Secretary Carlos Gutierrez -- born in Cuba. I appreciate other members of my administration who are here. I particularly want to thank the members of Congress who have joined us: Senator Mel Martinez, born in Cuba; Congresswoman Ileana Ros-Lehtinen, born in Cuba; Lincoln Diaz-Balart, born in Cuba; su hermanito —(laughter) -- Mario Diaz-Balart. I want to thank Chris Smith for joining us, Congressman from Jersey; Thaddeus McCotter, Michigan; Debbie Wasserman Schultz, from Florida; as well as Tim Mahone from Florida. Appreciate you being here. I thank the members of the Diplomatic Corps who have joined us. I appreciate the Ambassadors to the Organization of American States who are with us. I particularly want to thank the Cuban families who have joined me on the stage. One of the great success stories of the past century is the advance of economic and political freedom across Latin America. In this room are officials representing nations that are embracing the blessings of democratic government and free enterprise. And the United States is proud and active to work with you in your transformations, http://www.whitehouse.gov/news/releases/2007/10/print/20071024-6.html 10/29/2007 President Bush Discusses Cuba Policy Page 2 of 5 One country in our region still isolates its people from the hope that freedom brings, and traps them in a system that has failed them. Forty-eight years ago, in the early moments of Cuba's revolution, its leaders offered a prediction. He said -- and I quote -- "The worst enemies which the Cuban revolution can face are the revolutionaries themselves." One of history's great tragedies is that he made that dark prophecy come true. Cuba's rulers promised individual liberty. Instead they denied their citizens basic rights that the free world takes for granted. In Cuba it is illegal to change jobs, to change houses, to travel abroad, and to read books or magazines without the express approval of the state. It is against the law for more than three Cubans to meet without permission. Neighborhood Watch programs do not look out for criminals. Instead, they monitor their fellow citizens -- keeping track of neighbors' comings and goings, who visits them, and what radio stations they listen to. The sense of community and the simple trust between human beings is gone. Cuba's rulers promised an era of economic advancement. Instead they brought generations of economic misery. Many of the cars on the street pre -date the revolution -- and some Cubans rely on horse carts for transportation. Housing for many ordinary Cubans is in very poor condition, while the ruling class lives in mansions. Clinics for ordinary Cubans suffer from chronic shortages in medicine and equipment. Many Cubans are forced to turn to the black market to feed their families. There are long lines for basic necessities -- reminiscent of the Soviet bread lines of the last century. Meanwhile, the regime offers fully stocked food stores to foreign tourists, diplomats and businessmen in communism's version of apartheid. Cuba's rulers promised freedom of the press. Instead they closed down private newspapers and radio and television stations. They've jailed and beaten journalists, raided their homes, and seized their paper, ink and fax machines. One Cuban journalist asked foreigners who visited him for one thing: a pen. Another uses shoe polish as ink as a typewriter ribbon. Cuba's rulers promised, "absolute respect for human rights." Instead they offered Cubans rat -infested prisons and a police state. Hundreds are serving long prison sentences for political offenses such as the crime of "dangerousness" -- as defined by the regime. Others have been jailed for the crime of "peaceful sedition" -- which means whatever Cuban authorities decide it means. Joining us here are family members of political prisoners in Cuba. I've asked them to come because I want our fellow citizens to see the faces of those who suffer as a result of the human rights abuses on the island some 90 miles from our shore. One of them is Olga Alonso. Her brother, Ricardo Gonzalez Alonso [sic], has been harassed by Cuban authorities since he was 11 years old, because he wrote things that the Cuban authorities did not like. In 2003, Ricardo was arrested for his writings and sentenced to 20 years in prison. The authorities seized illegal contraband they found in his home. These included such things as a laptop computer, notebooks and a printer. Olga, we're glad you're here, Thank you for coming. (Applause.) Marlenis Gonzalez and her daughter, Melissa, are here. They recently arrived from Cuba, but without Melissa's father. Jorge Luis Gonzalez Tanquero dared to defend the human rights of his countrymen. For that, he was arrested for crimes against the state. Now he languishes in poor health inside a Cuban prison. Bienvenidos. (Applause.) Damaris Garcia y su tia, Mirta Pernet, are with us today. Damaris calls the Cuban government "a killing machine" -- those are her words. They've seen relatives imprisoned for supporting liberty. One beloved family member, Omar -Pernet Hernandez, was a poor man who sold candy on the streets of Havana. For advocating freedom, he is serving a sentence of 25 years. He's 62 years old, he's emaciated. Yet he remains a determined advocate for human rights for the Cuban people. Bienvenidos. (Applause.) Also with us is Yamile Llanes Labrada, Yamile's husband, Jorge [sic] Luis Garcia Paneque, was a surgeon and journalist. He was sentenced to 24 years in prison for daring speak the truth about the regime. Yamile herself was accused of espionage and she feared for the safety of her four children. After Jos 's arrest, a mob organized by state authorities surrounded their house. The mob carried sticks and threatened to set fire to the house with the family inside. Earlier this year, Yamile and her children made it off the island. They do not know when they'll see their father again. Bienvenidos, Yamile. (Applause.) I want to thank each of you [for] coming today. I thank you for allowing me to share your stories, and I thank you for your courage. I ask that God watch over you and your loved ones. Que Dios les bendiga a ustedes y a sus http://www.whitehouse.gov/news/releases/2007/10/print/20071024-6.html 10/29/2007 President Bush Discusses Cuba Policy Page 3 of 5 familias. And I join your prayers for a day when the light of liberty will shine on Cuba. These are just a few of the examples of the terror and trauma that is Cuba today. The socialist paradise is a tropical gulag. The quest for justice that once inspired the Cuban people has now become a grab for power. And as with all totalitarian systems, Cuba's regime no doubt has other horrors still unknown to the rest of the world. Once revealed, they will shock the conscience of humanity. And they will shame the regime's defenders and all those democracies that have been silent. (Applause.) One former Cuban political prisoner, Armando Valladares, puts it this way: It will be a time when "mankind will feel the revulsion it felt when the crimes of Stalin were brought to light." And that time is coming. As we speak, calls for fundamental change are growing across the island. Peaceful demonstrations are spreading. Earlier this year leading Cuban dissidents came together for the first time to issue the Unity of Freedom -- a declaration for democratic change. They hear the dying gasps of a failed regime. They know that even history's cruelest nightmares cannot last forever. A restive people who long to rejoin the world at last have hope. And they will bring to Cuba a real revolution -- a revolution of freedom, democracy and justice. (Applause.) Now is the time to support the democratic movements growing on the island, Now is the time to stand with the Cuban people as they stand up for their liberty. And now is the time for the world to put aside its differences and prepare for Cuban's transition to a future of freedom and progress and promise. The dissidents of today will be the nation's leaders tomorrow -- and when freedom finally comes, they will surely remember who stood with them. (Applause.) The Czech Republic and Hungary and Poland have been vital sources of support and encouragement to Cuba's brave democratic opposition. I ask other countries to follow suit. All nations can make tangible efforts to show public support for those who love freedom on the island. They can open up their embassies in Havana to pro - democracy leaders and invite them to different events. They can use their lobbies of the embassies to give Cubans access to the Internet and to books and to magazines. They can encourage their country's non- governmental organizations to reach out directly to Cuba's independent civil society. Here at home we can do more, as well. The United States Congress has recently voted for additional funding to support Cuban democracy efforts. I thank you all for your good work on this measure -- and I urge you to get the bill to my desk as soon as we possibly can. (Applause.) I also urge our Congress to show our support and solidarity for fundamental change in Cuba by maintaining our embargo on the dictatorship until it changes. (Applause.) Cuba's regime uses the U.S. embargo as a scapegoat for Cuba's miseries. Yet Presidents of both our political parties have long understood that the source of Cuba's suffering is not the embargo, but the communist system. They know that trade with the Cuban government would not help the Cuban people until there are major changes to Cuba's political and economic system. Instead, trade with Cuba would merely enrich the elites in power and strengthen their grip. As long as the regime maintains its monopoly over the political and economic life of the Cuban people, the United States will keep the embargo in place. (Applause.) The United States knows how much the Cuban people are suffering -- and we have not stood idle. Over the years, we've granted asylum to hundreds of thousands who have fled the repression and misery imposed by the regime. We've rallied nations to take up the banner of Cuban liberty. And we will continue to do so. We've authorized private citizens and organizations to provide food, and medicine, and other aid -- amounting to more than $270 million last year alone. The American people, the people of this generous land, are the largest providers of humanitarian aid to the Cuban people in the entire world. (Applause.) The aid we provide goes directly into the hands of the Cuban people, rather than into the coffers of the Cuban leaders. And that's really the heart of our policy: to break the absolute control that the regime holds over the material resources that the Cuban people need to live and to prosper and to have hope. To further that effort, the United States is prepared to take new measures right now to help the Cuban people directly -- but only if the Cuban regime, the ruling class, gets out of the way. For example -- here's an interesting idea to help the Cuban people -- the United States government is prepared to license non -governmental organizations and faith -based groups to provide computers and Internet access to http://www.whitchouse.gov/news/releases/2007/10/print/20071024-6.html 10/29/2007 President Bush Discusses Cuba Policy Page 4 of 5 Cuban people -- if Cuba's rulers will end their restrictions on Internet access for all the people. Or the United States is prepared to invite Cuban young people whose families suffer oppression into the Partnership for Latin American Youth scholarship programs, to help them have equal access to greater educational opportunities -- if the Cuban rulers will allow them to freely participate. We make these offers to the people of Cuba -- and we hope their rulers will allow them to accept. You know, we've made similar offers before -- but they've been rejected out of hand by the regime. It's a sad lesson, and it should be a vivid lesson for all: For Cuba's ruling class, its grip on power is more important than the welfare of its people. Life will not improve for Cubans under their current system of government. It will not improve by exchanging one dictator for another. It will not improve if we seek accommodation with a new tyranny in the interests of "stability." (Applause.) America will have no part in giving oxygen to a criminal regime victimizing its own people. We will not support the old way with new faces, the old system held together by new chains. The operative word in our future dealings with Cuba is not "stability." The operative word is "freedom." (Applause,) In that spirit, today I also am announcing a new initiative to develop an international multi -billion dollar Freedom Fund for Cuba. This fund would help the Cuban people rebuild their economy and make the transition to democracy. I have asked two members of my Cabinet to lead the effort -- Secretary Rice and Secretary Gutierrez. They will enlist foreign governments and international organizations to contribute to this initiative. And here's how the fund will work; The Cuban government must demonstrate that it has adopted, in word and deed, fundamental freedoms. These include the freedom of speech, freedom of association, freedom of press, freedom to form political parties, and the freedom to change the government through periodic, multi -party elections. And once these freedoms are in place, the fund will be able to give Cubans -- especially Cuban entrepreneurs -- access to grants, and loans and debt relief to help rebuild their country. (Applause.) The restoration of these basic freedoms is the foundation of fair, free and competitive elections. Without these fundamental protections in place, elections are only cynical exercises that give dictatorships a legitimacy they do not deserve. We will know there is a new Cuba when opposition parties have the freedom to organize, assemble and speak with equal access to the airwaves. We will know there is a new Cuba when a free and independent press has the power to operate without censors. We will know there is a new Cuba when the Cuban government removes its stranglehold on private economic activity. And above all, we will know there is a new Cuba when authorities go to the prisons, walk to the cells where people are being held for their beliefs and set them free. (Applause.) It will be a time when the families here are reunited with their loved ones, and when the names of free people — including dissidents such as Oscar Elias Biscet, Normando Hernandez Gonzales, and Omar Rodriguez Saludes are free. (Applause.) It will be a moment when Cubans of conscience are released from their shackles -- not as a gesture or a tactic, but because the government no longer puts people in prison because of what they think, or what they say or what they believe. Cuba's transition from a shattered society to a free country may be long and difficult. Things will not always go as hoped. There will be difficult adjustments to make. One of the curses of totalitarianism is that it affects everyone. Good people make moral compromises to feed their families, avoid the whispers of neighbors, and escape a visit from the secret police. If Cuba is to enter a new era, it must find a way to reconcile and forgive those who have been part of the system but who do not have blood on their hands. They're victims as well. At this moment, my words are being transmitted into -- live into Cuba by media outlets in the free world -- including Radio and TV Marti. To those Cubans who are listening -- perhaps at great risk -- I would like to speak to you directly. Some of you are members of the Cuban military, or the police, or officials in the government. You may have once believed in the revolution. Now you can see its failure. When Cubans rise up to demand their liberty, they -- they - - the liberty they deserve, you've got to make a choice. Will you defend a disgraced and dying order by using force against your own people? Or will you embrace your people's desire for change? There is a place for you in http://www.whitehouse.gov/news/releases/2007/10/print/20071024-6.html 10/29/2007 President Bush Discusses Cuba Policy Page 5 of 5 the free Cuba. You can share the hope found in the song that has become a rallying cry for freedom -loving Cubans on and off the island: "Nuestro Dia Ya Viene Llegando." Our day is coming soon. (Applause.) To the ordinary Cubans who are listening: You have the power to shape your own destiny. You can bring about a future where your leaders answer to you, where you can freely express your beliefs and where your children can grow up in peace. Many experts once said that that day could never come to Eastern Europe, or Spain or Chile. Those experts were wrong. When the Holy Father came to Cuba and offered God's blessings, he reminded you that you hold your country's future in your hands. And you can carry this refrain in your heart: Su dia ya viene Ilegando. Your day is coming soon. (Applause.) To the schoolchildren of Cuba: You have a lot in common with young people in the United States. You both dream of hopeful futures, and you both have the optimism to make those dreams come true. Do not believe the tired lies you are told about America. We want nothing from you except to welcome you to the hope and joy of freedom. Do not fear the future. Su dia ya viene Ilegando. Your day is coming soon. (Applause.) Until that day, you and your suffering are never far from our hearts and prayers. The American people care about you. And until we stand together as free men and women, I leave you with a hope, a dream, and a mission: Viva Cuba Libre. (Applause.) END 1:48 P.M. EDT Return to this article at: http://www,whitehouse.gov/newslreleases/2007/10/20071024-6.htmi http://www.whitchouse.gov/news/releases/2007/10/print/20071024-6.html 10/29/2007 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: Nov. 14, 2007/Key Largo Division: BOCC Bulk Item: Yes _ No x Department: DISTRICT FIVE Staff Contact Person/Phone #: Donna Hanson — 305-852-7175 AGENDA ITEM WORDING: Recognition of the efforts of the fire fighters and support personnel on the three back-to-back house fires on October 18, 2007 in the Upper Keys. ITEM BACKGROUND: PREVIOUS RELEVANT BOCC ACTION: CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATIONS: TOTAL COST: N/A BUDGETED: Yes COST TO COUNTY: SOURCE OF FUNDS: REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year APPROVED BY: County Atty OMB/Purchasing Risk Management _ DOCUMENTATION: Included Not Required DISPOSITION: Revised 11/06 AGENDA ITEM # BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: Wed.. November 14, 2007 Bulk Item: Yes No XX Division: BOCC Department: Ma or Di Gennaro District 4 Staff Contact Person: Tamara Lundstrom (305 289-6000) AGENDA ITEM WORDING: Approval of Resolution supporting the State Florida Forever Program and a successor State land conservation program for the future. ITEM BACKGROUND: The Florida Forever Program was created under Governor Bush in 2000 as a 10 year program, to end in 2010. It replaced the Preservation 2000 Program under Governor Martinez for the years 1990 — 2000. The CARL (Conservation and Recreational Lands) program, from 1980 —1990, was the initial land conservation program by the State of Florida in this progression. PREVIOUS RELEVANT BOCC ACTION: CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATIONS: TOTAL COST: COST TO COUNTY: BUDGETED: Yes SOURCE OF FUNDS: No REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year APPROVED BY: County Atty _ OMB/Purchasing Risk Management , DOCUMENTATION: Included XX Not Required DISPOSITION: Revised 2/05 AGENDA ITEM # RESOLUTION NO. A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, SUPPORTING THE STATE FLORIDA FOREVER PROGRAM AND A SUCCESSOR STATE LAND CONSERVATION PROGRAM FOR THE FUTURE. WHEREAS, the Florida Forever Program, and its predecessor Preservation 2000, have contributed immeasurably to environmental health, quality of life, recreation, and sustainability in Florida for this and future generations, and WHEREAS, Florida Forever and Preservation 2000 have allocated $300 million annually since 1990 to purchase environmentally sensitive and other lands, and have done so through numerous successful partnerships with counties, cities, state agencies, water managements districts, nonprofit organizations, private landowners, and others in achieving its conservation purposes, and WHEREAS, Florida Forever has acquired over one million acres of Florida's most special and important places since 2000, and WHEREAS, Florida Forever has helped to save many of Florida's beaches, rivers, bays, forests, coral reefs and estuaries that provide the foundation for our $3 billion tourism industry that attracts more than 70 million visitors each year, and WHEREAS, Florida Forever, through the Department of Environmental Protection, Water Management Districts, and other programs, produces benefits that include clean air and water; healthy fisheries and wildlife habitat; improved water supply protection; and protected open spaces including greenway corridors, park lands, forests, and water bodies, and WHEREAS, Florida Forever, through Florida Communities Trust, has assisted Florida's cities and counties in protecting their cultural and historical resources, meeting the challenges of growth management, directing development away from coastal high hazard areas and floodplains; fostering a healthier lifestyle for Floridians; and providing recreational outdoor experiences in both urban and rural settings, and WHEREAS, the other components of Florida Forever that undertake diverse land conservation activities that benefit all Floridians are the Florida Recreation Development Assistance Programs (FRDAP), Fish and Wildlife Conservation Commission (FFWCC), Division of Forestry of the Department of Agriculture and Consumer Services, Office of Greenways and Trails, and Florida State Parks Inholdings and Additions Program, and Pagel of 3 WHEREAS, 50 Florida local governments have enacted their own local government land acquisition programs in recent years, and these conservation finance programs serve to leverage Florida Forever funding and increase the positive impact of State land conservation funding, and WHEREAS, the current funding for the Florida Forever program is insufficient to achieve the wide range of land conservation objectives identified in the Florida Forever Act, and WHEREAS, the effectiveness of Florida Forever's annual funding has diminished dramatically because of both escalating land prices and the impacts of inflation since 1998; and, WHEREAS, because land values have decreased slightly in the past year, after having more than doubled between 2000 and 2006, Florida Forever has a rare opportunity at present to take advantage of the current market for land conservation and for the betterment of all Floridians, and WHEREAS, research by the Florida Forever Coalition has found that over $20 billion is currently needed to purchase parks and recreational facilities, wildlife and wilderness areas, and open space for our state's increasing population, and WHEREAS, public opinion surveys regularly demonstrate that 70% or more of Floridians approve of the land protection benefits of the Florida Forever program, and WHEREAS, the many important places in Monroe County whose purchase and permanent protection have been achieved from Florida Forever include Plantation Tropical Preserve, Green Turtle Hammock, Marathon Waterfront Park, Key West Tropical Forest and Botanical Garden, portions of the Florida Keys Overseas Heritage Trail, and numerous natural areas from Key Largo to Big Coppitt Key within the North Key Largo Hammocks, Florida Keys Ecosystem, and Coupon Bight/Key Deer projects; now, therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT: The Board supports an increase in the funding allocated to Florida Forever through a combination of accelerated use of existing Florida Forever bond authority and action by the State Legislature. The Board supports the creation and funding of a successor program to the Florida Forever program that provides substantially increased long-term funding for Florida Forever's land conservation purposes. 3. The Clerk is requested to forward copies of this resolution to the County's legislative delegation. Page 2 of 3 4. This resolution shall be effective upon adoption. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a meeting of said Board held on the day of 2007. Mayor DiGennaro Mayor Pro Tern Spehar Commissioner McCoy Commissioner Neugent Commissioner Murphy (SEAL) Attest. DANNY L. KOLHAGE, Clerk : Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Page 3 of 3 Mayor Mario DiGennaro MONAOE COUM TTOAN Y APPRO 0 A FOPS t 7Rvs-r fir .PUBLIC LAND NOV - `7 YLI O6LI[ October 30. M7 Honorable Mario Di Germano, Mayer Monroe County Board of County Commissioners Florida Keys Marathon Airport 9400 Overseas Highway, Sulam 210 Marathon, FL 33050 Dear Mayor Di Gennarw. The Trust for Public Land respectively requests that the Monroe County Board of County Commissioners consider approvet of formal resolution in support to the revAharization and expansion of the States oullstandutg Florida Forever Program. TPL makes this request an bet►atf of !free Flarl a Forever Coalition, WoAing the fallowing steering carom tee .omw bar organlzations: Audubon of Florida. Detenders of Wildlife, Florida Recreation and Park Association, Fbrida WddWe Federation, 1,000 Friends of Florida. The Nature Conversancy, and TPL, The Coalition is working with state and local public otilcWs, pftft colzens. businesses. and others to increase Florida Forever tundino. At present. the Program expands an amount of State funds that is insult amt to hood the nwy, diverse land conmvatbn needs avoss Fl nda. We ask that the County Commission pass a resolution that efts the past land conservation at,chieventents made possble by lFtorida Forever. endorses long-term raeauthormation of Florida Forww, and supports inoreased Florlde Forever funding. The resdution might also cite conservation pmiocas in tv Florida Keys that have benefited from Florida Forever. Finally, we ask that, when approved, the resolution be provided by the Commission to all members of the bcal legis ilfte delegation and to the maws media. Please call with questlons, GW4434966. Thank you very much. ANDREW H. McLeod Associate Stab GirecW The ThW for Pub* Land— Fkwhia Sfate 011ke 306 NwM illlunme tiatreet — fiJilNtassee, Abrtda — 060.222 T911 Im 68L'[N 90E%8ZS0£T E a M-I :II -old wd 19rklI TZ:LT LOCH /zo/TT BOARD OF COUNTY COMMISSION1 AGENDA ITEM SUMMARY i Meeting Date: November 14, 2007 Division: BOCC District 4 Bulk Item: Yes X No _ Department: 13OCC!District 4 _ Staff Contact Persorf Phone: Tamara Lundstrom X 6000 AGENDA ITEM WORDING: Approval of a Resolution by �he Monroe County Board of County Commissioners supporting the Youth Co-op Program, and,urgm$ all agencies to take advantage of the available funding to Monroe County. j I ITEM BACKGROUND: The South Florida'Workforc� Investment Board selected Youth Co-op, Inc., to provide employment and associated services for adults and youth throughout Monroe County and was unable to expend all of the funds allocated for youth programs in FY 07. As a result, these funds were redirected to Miami -Dade youth programs whicr were operated by Youth Co-op, Inc. With this Resolution, the BOCC is showing that they fully support tho Youth Co-op Program and urges all agencies, including local nonprofit human services providers an public/private schools, to work with Youth Co-op to maximize the use of South Florida Workforce I vestment Board funds for the benefit of eligible youth in Monroe County. --r PREVIOUS RELEVANT BOCC ACTION: 2006 - B0QC approved Interlocal Agreement creating the South Florida Workforce Investment Board for Region 3 of the State of Florida. CONTRACT/AGREEMENT CHANGES: N/A I STAFF RECOMMENDATIONS: Approval TOTAL COST: 0 COST TO COUNTY: 0 iSO REVENUE PRODUCING: Yes N/A No APPROVED BY: County Atty XX OMj DOCUMENTATION: Included X DISPOSITION: Revised 11/06 Not rED: Yes N/A No E O FUNDS: N/A UNT PER MONTH Year N� A Risk Management N/A AGENDA ITEM # A RESOLUTION BY THE MONROE C( OF COUNTY COMMISSIONERS SUPP( YOUTH CO-OP PROGRAM, AND �RG TO TAKE ADVANTAGE OF THE �VA MONROE COUNTY I JNTY BOARD RTING THE ALL AGENCIES 3LE FUNDING TO WHEREAS, the Monroe County � Boa of County Commissioners (BOCC) and Miami -Dade County;, a politic�l sub ivision of the State of Florida, entered into an agreement on February 15, 20 6 creating the South Florida Workforce Investment Board (SFWIB) for R6gion 3 of the State of Florida; and WHEREAS, the Monroe County Board committed to the success of the South Florida Wof I i i WHEREAS, the Mayor of Monroe Count from the public sector and two ftom the p�ivate Florida Workforce Investment Board; and WHEREAS, the South Florida Workforce Youth Co-op, Inc., to provide employment aild as youth throughout Monroe County; and of County Commissioners is force Investment Board; and appoints three members (one sector) to serve on the South vestment Board has selected ;fated services for adults and WHEREAS, Youth Co-op was unable to expend all of the funds allocated for youth programs in FY 07 and a� a re Yt, said funds were redirected to Miami -Dade youth programs operated by �outh o-op; and I WHEREAS, South Florida Workforce In stment Board and Youth Co- op have made a commitment to expend all allocat ci funds in FY08 for Monroe County in Monroe County; and l WHEREAS, Monroe County youth Dare inl'; need of the employment and associated services provided by Youth Co-op;Iand I WHEREAS, Youth Co-op; has three offices in Monroe County and is committed to outreach to seek out eligible youth; ani WHEREAS, there are multiple ag�ncie� in Monroe County serving eligible youth that can refer to and otherwise, wort with Youth Co-op to recruit young people for Youth Co-op program; and li III I WHEREAS, the Monroe County Boa d of County Commissioners encourages local nonprofit human services provid rs and public/private schools to work with Youth Co-op to maximize the use', of South Florida Workforce Investment Board funds for the benefit of eligible youth in Monroe County; and NOW THEREFORE BE IT RESOL ED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the Monroe County Board of County Commissioner fully supports the Youth Co-op Program, and urges all agencies to take advanta e of the available funding to Monroe County. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting hel on the 141h day of November, 2007. Mayor Mario Di Gennaro Mayor Pro Tern Dixie Spehar Commissioner George Neugent Commissioner Charles McCoy Commissioner Sylvia Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY Mario Di Gennaro, Mayor Signed this day of , 2007 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date:_ 11/14/07 Division: Commissioner Spehar Bulk Item: Yes — No xx Staff Contact Person: Les Boatwright x3440 AGENDA ITEM WORDING: Approval of a resolution notifying Thomas J. Willi that the County is cancelling his employment agreement effective December 14, 2007. ITEM BACKGROUND: The County Administrator's contract allows for the County Commission to terminate him without cause by cancelling the agreement effective 30 days after giving him written notice by resolution. Under paragraph 7(f)(3) of the agreement, the Administrator would be entitled to a severance package which include 9 months of pay. At his current salary, the Administrator would be entitled to be paid $124,220.25 in pay plus some of the benefits due under the contract. PREVIOUS RELEVANT BOCC ACTION: On 9/8/04, BOCC entered into a contract with Mr. Willi to serve as County Administrator starting 11/l/04. The agreement was modified on 11/16/05 and 1/25/06. CONTRACT/AGREEMENT CHANGES: Cancel contract under provisions in paragraph 7(f)(3). STAFF RECOMMENDATIONS: n/a TOTAL COST:._Q.$150.000.00 COST TO COUNTY: @$150,00.00 BUDGETED: Yes _ No _ SOURCE OF FUNDS: REVENUE PRODUCING: Yes — No _ AMOUNT PER MONTH_ Year _ APPROVED BY: County Atty _ OMB/Purchasing _ Risk Management _ DOCUMENTATION: Included Not Required DISPOSITION: AGENDA ITEM #C15 Revised 8/06 Resolution No. -2007 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, NOTIFYING THOMAS J. WILLI THAT THE COUNTY WILL BE TERMINATING HIS EMPLOYMENT WITHOUT CAUSE BY CANCELLING HIS EMPLOYMENT CONTRACT EFFECTIVE DECEMBER 14, 2007. WHEREAS, the Board of County Commissioners entered into an employment agreement with Thomas J. Willi ("Willi") on or about September 8, 2004 through which Mr. Willi agreed to serve as County Administrator for a four year period starting November 1, 2004; and WHEREAS, in the aforementioned contract, the Board of County Commissioners retained the right to terminate Mr. Willi without cause; and WHEREAS, pursuant to paragraph 7(f)(3) of the aforementioned contract, the Board must provide written notice via resolution to Mr. Willi of its intent to cancel the contract; and WHEREAS, it is the intent of the Board of County Commissioners of Monroe County, Florida to cancel its agreement with Mr. Willi, as evidenced by a majority vote of the Commission at a duly noticed public meeting, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, as follows: 1. The Board of County Commissioners, by this resolution, gives written notice to Thomas J. Willi that the Board is cancelling his employment contract to serve as County Administrator, effective December 14, 2007, 2. The County Attorney, and/or her designee, and the County Clerk, and/or his designee, are hereby authorized to take all steps necessary to terminate the agreement and make all payments due to Mr. Willi under his employment contract. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of the Board held on the 14s' day of November, 2007. Mayor DiGennaro _ Mayor Pro Tern. Spehar _ Commissioner Neugent Commissioner McCoy _ Commissioner Murphy _ (SEAL) Attest: DANNY L. KOLHAGE, Clerk Un Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Mayor EMPLOYMENT AGREEMENT BETWEEN MONROE COUNTY, FLORIDA AND THOMAS J. WILLI FOR POSITION OF COUNTY ADMINISTRATOR THIS AGREEMENT is entered into upon the date last below written by and between Monroe County, Florida, acting through its Board of County Commissioners ("Board" or "BOCC"), a political subdivision of the State of Florida, whose main business address is 1100 Simonton Street, Key West, Florida 33040, and THOMAS J. WILLI, whose present residence address is 712 Shore Drive, Boynton Beach, FL 33435, ("Administrator"). WHEREAS, the current Monroe County Administrator has provided written notice to the BOCC that he will be terminating his employment with Monroe County; and WHEREAS, the BOCC has utilized the services of a professional recruiting agency to solicit applicants for the position of Monroe County Administrator, and WHEREAS, after review of applications, meeting with selected applicants, and conducting private and public interviews of four finalists, the BOCC has selected THOMAS J. WILLI as its unanimous first choice to be offered the position- of Monroe County Administrator; and WHEREAS, negotiations between Monroe County and THOMAS J. WILLI has resulted in this mutually acceptable Employment Agreement ("Agreement"); NOW, THEREFORE, the BOCC and THOMAS J. WILLI hereby agree as follows: 1. EMPLOYMENT. THOMAS J. WILLI is hereby employed by the BOCC as County Administrator for Monroe County, Florida (hereinafter "Administrator"). 2. FULL-TIME EMPLOYMENT. County and Administrator agree that the position of County Administrator will be a full-time position. Work hours performed, annual leave, personal leave, and sick leave hours taken will be documented on a form or forms to be provided by County. 3. DUTIES OF ADMINISTRATOR. A. Administrator will perform the duties of County Administrator as provided for in Sections 125.70 through 125.74, Florida Statutes, known as the "County Administration Law of 1974"; all duties required by other applicable provisions of Florida law; all duties required by the Monroe County Code and lawfully adopted Resolutions of the BOCC; and all duties as may be set forth in administrative and personnel policies and procedures adopted by use by the County. B. Additionally, Administrator shall perform those duties, functions, and assignments which may Page 1 of 11 from time to time be directed by the BOCC C. Duties shall be performed in a professional, respectful, and timely manner and in accordance with the highest standards of ethical behavior established by the Code of Ethics of the International City/County Manager Association and with Part III, Chapter 112, Florida Statutes, entitled Code of Ethics for Public Officers and Employees. D. Administrator understands and agrees his duties under this Agreement will require him to routinely work varied hours in excess of the normal County workday, and the hours worked shall be consistent with the needs of the position. E. Nothing in this Agreement or in the BOCC's policies, rules, and procedures will limit the Administrator's right to make passive financial investments; to participate in charitable service or work with charitable organizations and other community activities, including trade and professional organizations; or to undertake other activities which do not interfere with the performance of the Administrator's duties under this Agreement, it being mutually agreed that the Administrator's participation in such activities is of such benefit to the BOCC and the County. F. The Administrator will be reasonably available to BOCC members and key County staff twenty- four (24) hours per day. Such availability will be by telephone or electronic messaging, or in person. 4. SOLE (EMPLOYMENT. In partial consideration for the agreements to be performed by the BOCC for the benefit of the Administrator as contained elsewhere in this Agreement, Administrator agrees that he will not perform any work, consulting services, or other activities for any other person or entity, whether for remuneration or at no charge, without the prior express written approval of the BOCC. It is the intent that Administrator's attentions will be devoted solely to County -related duties and obligations. 5. POST -EMPLOYMENT RESTRICTIONS. In partial consideration for the agreements to be performed by the BOCC for the benefit of the Administrator as contained elsewhere in this Agreement, Administrator agrees that for a period of twenty-four (24) months from the effective date of termination or cancellation of this Agreement, Administrator will not personally appear on behalf of another person or entity for compensation before the BOCC sitting in its legislative or quasi-judicial capacity, unless Administrator is appearing on behalf of another governmental agency. Additionally, Administrator agrees that for a period of twenty-four (24) months from the effective date of termination or cancellation of this Agreement, Administrator will not lobby the BOCC sitting in its legislative or quasi-judicial capacity. For purposes of this section, `lobbies" and `lobbyist" will have the same meaning as defined in Section 112.3215(d) and (e), Florida Statutes. This section will survive the termination or cancellation of this Agreement, but may be waived by a majority vote of the BOCC at a public meeting. 6. DISCLOSURE OF FINANCIAL INTERESTS. Section 112.3145, Florida Statutes, requires financial disclosure by a `local officer", and subsection (1)(a)3, defines local officer to include any person holding one or more of the following positions:... county... manager; chief administrative employee of a county Administrator agrees to make such disclosures on such forms and at such times as may be required by state law. Page 2 of I I TERM OF AGREEMENT; TERMINATION; CANCELLATION; GENERAL RELEASE. A. Normal Term of Agreement. The normal term of this agreement shall be for a period of forty- eight (48) months, commencing at 8:00 A.M. on the I" day of November, 2004, and ending at 5:00 P.M. on the 30 day of October, 2008. B. Extension of Normal Term. This Agreement will automatically renew for periods of one year unless either the BOCC or the Administrator gives the other notice of its' or his intent to modify or terminate the Agreement. Such written notice shall be given not less than ninety (90) days prior to the normal expiration date of this Agreement, or sixty (60) days prior to the expiration of any renewal tern year, as applicable. Once either party gives written notice under this section, this Agreement will not be 1110dtned or extended except as may be mutually agreed to by and between the BOCC and the Administrator. C. Termination of Agreement by BOCC for Cause. This Agreement may be terminated by the BOCC only for cause, and only by majority vote of the BOCC at a public meeting duly noticed and held. At least fifteen (15) days prior to the date on which the agenda for the BOCC is prepared that contains the item of termination to be acted upon, BOCC shall provide to the Administrator a detailed written statement of the reason or reasons for which termination is being sought. The statement will include, but not be limited to, the .act or acts, omission or omissions, or default or defaults which form the basis for which termination is sought, along with the relevant date or dates, time or times, and location or locations. As used in this Section 7, "for cause" will mean (a) dishonesty with respect to the business and operation of the BOCC; (b) confirmed violation of the BOCC's drug policy; (c) refusal to cooperate in an investigation regarding any aspect of the business or operation of the BOCC or County, which investigation is conducted by or at the express direction of the BOCC; (d) conviction of a crime which is classified as a felony or a crime involving moral turpitude; (e) gross neglect or willful and intentional misconduct; (f) conviction of a crime directly relating to the powers, duties, or privileges of County Administrator; (g) violation of a provision of the Monroe County Code; and (h) breach of any material term or condition of this Agreement by the Administrator. In the event that the Administrator prevails in any litigation challenging his termination for cause, he shall receive from the BOCC his reasonable attorneys' fees, costs of litigation, and related expenses, both at the trial and appellate levels. D. Termination of Agreement by Administrator for Breach by BOCC. This Agreement may be terminated by Administrator upon a breach of this Agreement by the BOCC, provided the BOCC has not cured the breach within thirty (30) days following the notice of the breach. If the breach has not been cured, termination will be effective on the thirty-first day following receipt of written notice from the Administrator by the BOCC. Upon termination of this Agreement due to breach by the BOCC, the Administrator shall be entitled to receive the prospective benefits as if this Agreement had been cancelled by the BOCC. E. Termination of Agreement by Normal Expiration. This Agreement is terminated upon its normal expiration date as stated in Sub -section TA. F. Cancellation of Agreement by BOCC. The BOCC may cancel this Agreement without cause, effective thirty (30) days after giving written notice to the Administrator. Such cancellation will be by a Page 3 of I 1 Resolution adopted by a majority vote of the BOCC at a duly noticed public meeting. Upon the effective date of the cancellation, the Administrator will be entitled to receive from the Board, and within fifteen (15) days will be paid by the BOCC, a sum equal to the total of the prospective benefits which would have been earned by the Administrator as if still employed under this Agreement for the calendar months following the cancellation of this Agreement in accordance with the following schedule; 1. If cancellation occurs during the first (1°) through twelfth (12'h) month of this Agreement, the entitlement shall be equal to fifteen (15) months of prospective benefits. 2. If cancellation occurs during the thirteenth (13'h) through twenty-fourth (2411) month of this Agreement, the entitlement shall be equal to twelve (12) months of prospective benefits. 3. If cancellation occurs during the twenty-fifth (25ih) through forty-eighth (48'h) month of this Agreement, the entitlement shall be equal to nine (9) months of prospective benefits. For purposes of this section, "prospective benefits" will mean the combined base salary; transportation and cell l5hone allowances; dues, fees and costs to be paid under "Professional Memberships" and "Local Liaisons"; the contributions to be made under the Florida Retirement System; and all unused sick leave and annual leave hours. 4. General Release. Upon timely completion by the BOCC of all requirements under Sub- section 7.G., the Administrator will execute a general release in favor of all officers, members, and employees of the BOCC and County relating to any cause or causes of action the Administrator has, had, or may have related to the Agreement and the cancellation thereof. The general release will encompass all applicable federal, state, and local laws and ordinances relating to claims of illegal discrimination, intentional and unintentional torts, whistle blower rights, and all other types of claims whether known or unknown through the date of cancellation. To the extent that it is prohibited by applicable federal, state or local law, this provision will be deemed void and of no effect. G. Termination of Agreement by Resignation of County Administrator. This Agreement will be terminated upon the effective date of resignation by the Administrator. In the event that the Administrator sloes not give at least ninety (90) days written notice to the BOCC of his effective date of resignation, Administrator shall pay to the BOCC an amount equal to three (3) months of prospective benefits as that term is defined elsewhere in this Agreement. This amount shall not be considered to be a penalty but shall be considered as a payment to the BOCC to be used at the discretion of the BOCC for the costs and expenses of hiring an interim administrator or replacement administrator. This section shall survive the termination or cancellation of this Agreement. A. Abolishment of Position of County Administrator. If the BOCC takes such action as to lawfully abolish the position of County Administrator during the term of this Agreement, the abolishment of the position, 1For the purposes of this Agreement, shall be deemed to be a termination of this Agreement by cancellation by the BOCC. S. BASE SALARY. As partial consideration for the agreements and services to be performed by the Administrator for the benefit of the BOCC and County as contained elsewhere in this Agreement, the Page 4 of 11 BOCC will pay to the Administrator, for the period commencing on November 1, 2004, through September 30"', 2005, the BOCC will pay to the Administrator, as and for a base salary, the sum of ONE HUNDRED THIRTY THOUSAND DOLLARS ($130,000.00). For the period commencing on October 1, 2005, through September 3&, 2006, the BOCC will pay to the Administrator, as and for a base salary, the sum of ONE HUNDRED FORTY-TWO THOUSAND DOLLARS ($142,000.00) per annum, PROVIDED, that the Administrator has received a satisfactory written evaluation by the BOCC, with said evaluation to be completed not later than August 31, 2005. For purposes of this Agreement, "per annum" will be defined as the fiscal year which commences on October la and ends on the following September 30a'. A. The salary shall be paid in installments at the same time and in the same manner as other County employees are paid, and will be subject to all legally required deductions. Currently, payments are paid in equal biweekly installments (26 pay periods per annum). B. The County may, at its option, increase the base salary in such amounts and to such an extent as the BOCC may determine, in its sole discretion, based upon the BOCC's evaluation of the performance of the Administrator. Such evaluation shall be in the form and manner that the BOCC deems appropriate, and shall be conducted not later than August 31' in each calendar year. Both the BOCC and the Administrator agree that nothing in this sub -section shall be interpreted to be a promise, obligation, or duty of the BOCC to provide for any increase in base salary, and such decision shall be the sole prerogative of the BOCC, but it is agreed by and between the BOCC and the Administrator that the Administrator shall receive, commencing on October 1, 2005, and thereafter during the term of this Agreement the annual percentage increase of base salary as received by other non -union County employees C. The BOCC agrees that at no time during the term of this Agreement will the salary or other benefits provided to the Administrator be decreased once agreed upon by both parties. 9. TRANSPORTATION. The Administrator agrees that he will be responsible for providing his own motor vehicle fbr transportation within the limits of Monroe County that may be necessary, required, or appropriate in fulfilling his responsibilities and duties under this Agreement. In lieu of the preparation, maintenance, submission, review, approval and auditing of detailed travel expense reimbursements, and as partial consideration for Administrator's entering into this Agreement, the BOCC agrees to pay to Administrator the sum of EIGHT HUNDRED DOLLARS ($800.00) PER MONTH as and for a transportation allowance. For travel out of Monroe County by motor vehicle, Administrator will be reimbursed by the BOCC on a per trip basis at the rate allowed for under the applicable Monroe County Code provisions, with mileage calculated as if departure commenced at the Monroe/Dade County line and return ended at the Monroe(Dade County line. At its sole discretion, and upon request by Administrator, the BOCC may authorize the reimbursement of Administrator's actual expenditures where documented evidence is provided detailing the actual expenses incurred. 10. TRAVEL REIMBURSEMENT. The BOCC agrees to pay to or reimburse the Administrator for the costs of mileage meals, other expenses and lodging incurred by the Administrator that may be necessary, required, or appropriate in fulfilling the Administrator's duties and responsibilities under this Agreement. Meals, mileage, other expenses, and lodging will be paid for or reimbursed at the rates provided for by applicable Monroe County Code provisions, and shall be consistent with the provisions of this Agreement. At its sole discretion, and upon request by the Administrator, the BOCC may authorize the reimbursement Page 5 of 11 of the Administrator's actual expenditures where documented evidence is provided detailing the actual expenses incurred. 11. FLORIDA RETIREMENT SYSTEM. The BOCC agrees that the position of County Administrator will be a position classified as, and eligible for the benefits provided under, the Senior Management Service Class, in accordance with Section 112.055, Florida Statutes. The BOCC will contribute such amounts at such times as is required by the Florida Retirement System law, and any other applicable law or statute. In the event that the Administrator's employment is terminated without cause prior to Administrator becoming vested in the Florida Retirement System, the County shall pay into the Florida Retirement System such amounts as may be required for the Administrator to achieve vesting equal to six years in the Florida Retirement System. 12. PROFESSIONAL MEMBERSHIPS. The Administrator shall, as a minimum, maintain membership in the following professional organizations and interest groups: International City/County Managers Association and Florida City/County Managers Association. All dues, occupational licenses, fees, and costs for obtaining and maintaining the memberships delineated above will be paid for by the BOCC. 13. LOCAL LIAISONS AND MEMBERSHIPS. The Administrator shall establish and maintain liaisons with his counterparts in local governmental and public agencies located within the geographical limits of Monroe County, and with such agencies of the State of Florida and the federal government as may be appropriate and desirable. Any reasonable costs, fees, charges, or other expenses incurred in establishing and maintaining these liaisons shall be reimbursed or paid for by the BOCC. Additionally, the Administrator is authorized to become a member of civic clubs or organizations deemed to be appropriate by Administrator, and the costs of membership shall be paid for by the BOCC; provided, however, that the costs of membership and participation in such civic organizations shall not exceed ONE THOUSAND DOLLARS ($1,000.00) each fiscal year. 14. OFFICE SPACE; OFFICE STAFF; AND SUPPORTING SERVICES. A. Office Space. The BOCC will provide office space for the Administrator at the Historic Gato Cigar Factory Building at 1100 Simonton Street, Key West, Florida, and this space will be the primary office for the Administrator. B. StaM The BOCC will provide sufficient qualified and trained staff to assist the Administrator in efficiently, productively, and professionally meeting the mission, goals and objectives of the office of the County Administrator and the duties of Administrator, C. Supporting Services. The BOCC will provide suitable utilities, telephone service, computer hardware and sollware, electronic research and e-mail services, world wide web and internet access, books and subscriptions, periodicals, office supplies, photocopy equipment, county web -page presence and server access and storage space, postage, office equipment and furniture, an other similar materials, equipment and services as may be necessary for the proper, productive, and efficient operation of the County Administrator's office. 15. ANNUAL LEAVE; SICK LEAVE; PERSONAL LEAVE; TRANSFER OF LEAVE. Page 6 of l 1 A. The Administrator will earn and be credited with annual leave at a rate per month equal to the highest rate e^uned by any other employee or officer of the BOCC. The Administrator may accumulate annual leave without limit and no unused annual leave shall be forfeited due to nonuse, any provisions of the Personnel Policies and Procedures Manual to the contrary notwithstanding; however, the Administrator and BOCC agree that the Administrator must take ten (10) days of annual leave during each fiscal year, with at least five days being consecutive. B. The Administrator will earn and be credited with sick leave at a rate per month equal to the highest rate earned by any other employee or officer of the BOCC. The Administrator may accumulate sick leave without limit and no unused sick leave shall be forfeited due to nonuse, any provisions of the Personnel Policies and Procedures Manual to the contrary notwithstanding. Additionally, the Administrator shall have the option of joining and receiving the benefits of the Monroe County Sick Leave Pool in accordance with the policies and procedures that are applicable and in effect. C. The Administrator will be credited with five (5) days of paid personal leave each year, commencing October 1, 2004. Such leave will be credited on October I" of each fiscal year thereafter, and may be accumulated without limit, Such leave may be used by the Administrator as his discretion after considering the; best interests of the County. Additionally, the BOCC and the Administrator agree that, due to the nature of the Administrator's duties and the requirements of the position of County Administrator, interference with the Administrator's family life is to be expected and it is recognized that the Administrator may from time to time absent himself during normal business hours for personal or family time; provided, however, that the Administrator remains reasonably available to BOCC members and key County staff by telephone or other electronic means. Such personal time or family time will not be considered nor debited against vacation time. 16. PARTICIPATION IN EDUCATIONAL AND COUNTY -RELATED EVENTS. The BOCC agrees to budget for and to pay the costs incurred by the Administrator in attending seminars, continuing education courses, BOCC and County -related events and out -of -county in as may be necessary or appropriate to the Administrator's duties and responsibilities under this Agreement. 17. EMPLOYMENT BENEFITS. A. Cell Phone; Laptop Computer. The BOCC agrees to provide a cell phone of its choice with a carrier of its choice to the Administrator, and shall provide a laptop computer of its choice to Administrator. The costs of acquisition, use, upgrade, and other expenses related to the supplying and use of the cell phone; and laptop computer shall be paid for by the BOCC. B. Health, Medical, Dental, Vision, and Related Benefits. The BOCC agrees to make available to the Administrator all health, medical, dental, vision, and related benefits as it currently offers to other non -union County employees, under the same terms and conditions as offered to other non -union County employees, and as may be changed, amended, deleted, or added to from time to time. The BOCC shall pay the premiums required for single coverage for the Administrator, and the Administrator shall be responsible for the premiums required for dependent coverage. Page 7 of 11 C. Holiday Benefits. The Administrator will receive the same paid holidays as the County's non- union employees receive. D. Other Customary Benefits. The Administrator shall have the right to participate in and receive the benefits of other employment -related benefits as are available to other non -union County employees. E. One-time Relocation Expense. As and for partial consideration for this Agreement, the County agrees to pay to the Administrator a one-time, lump sum payment of EIGHT THOUSAND DOLLARS ($8,000.00) to partially offset the Administrator's expenses associated with moving from Palm Beach County to Monroe County. This payment will be made during the month of October, 2004. F. Bonds. The BOCC will obtain a fidelity bond and any other applicable bonds covering the Administrator while employed during the term of this Agreement, and the costs and expense of obtaining and maintaining such bonds shall be paid for by the BOCC. G. Indemnification. The BOCC will defend, hold harmless, and indemnify Administrator, to the extent permitted by Florida law, from any claim, action, or legal proceedings initiated or brought against Administrator arising out of or in connection with an alleged act or omission by the Administrator occurring during the performance, and within the scope, of Administrator's official duties. H. Disability. In the event that Administrator has been unable to perform his duties for a period of twenty-four (24) calendar weeks due to a serious or catastrophic health condition, and further provided that Administrator has exhausted all personal leave hours, annual leave hours, sick leave hours, sick leave pool hours to which he is entitled, worker's compensation benefits to which he is entitled, and Family and Medical Leave Act benefits; then and in that event Administrator shall be entitled to receive the benefits provided for in Paragraph 7, Section H, above, as if this Agreement was cancelled by the BOCC. L Terns Insurance. During the term of this Agreement, the BOCC shall maintain in full force and effect, and shall pay all charges and premiums related to, a policy or policies of term life insurance in a total aggregate amount of THREE HUNDRED THOUSAND DOLLARS ($300,000.00), whereby the Administrator is the insured and the beneficiary is Administrator's spouse. J. Educational Reimbursement. 18. INDEMNIFICATION AND COOPERATION. A. Indemnification. The BOCC agrees to defend, hold harmless, and indemnify the Administrator against any tort professional liability, or other legal demand, claim, or action which is related directly or indirectly to the Administrator's action in his capacity as County Administrator. B. Cooperation. In the event of actual or threatened litigation and/or administrative proceedings involved the BOCC or the County which arises out of an action or actions which occurred i are alleged to have occurred while the Administrator was acting in the capacity of County Administrator, the Administrator will cooperate with the BOCC and its counsel in defending and resolving the litigation or Proceeding. In such regard, the BOCC agrees to pay the Administrator's reasonable travel and subsistence Page 8 of 11 expenses incurred in cooperating with the BOCC and its counsel, including preparation for and actual discovery, settlement, and trial and hearing of such matters. 1. The Administrator agrees that, unless required by law, he will not cooperate with or assist any party, person, or entity who has, had, or may have, or asserts that he, she or it has or may have any claim of any nature against the BOCC or the County, its agents, officers, or employees, unless the BOCC or its authorized agent expressly consents in writing to waive this provision of this Agreement. 2. The Administrator will not disclose to any person, party, or entity any confidential, proprietary, time -sensitive, or non-public information relating to the BOCC, the County, and its operations unless required by law to do so. 3. The restrictions, prohibitions, and conditions set forth in Section I8.B.1 and .2 will not be applicable in instances where one or more governmental entities with jurisdiction over a claim or a violation of la -iv are involved. 19. GOVERNING LAW; ATTORNEY'S FEES AND COSTS; VENUE. This Agreement is made in the State of Florida and will be governed by Florida law. This is the entire agreement between the BOCC and the Administrator and may not be modified or amended except by a written document signed by the party against whom the enforcement is sought. This Agreement may be signed in more than one counterpart, in which case each counterpart will constitute and original of this Agreement. Paragraph headings are far convenience only and are not intended to expand or restrict the scope or substance of the provisions of this Agreement. Wherever used herein, the singular will include the plural, the plural will include the singular, and pronouns will be read as masculine, feminine, or neuter as the context requires. The prevailing party in any litigation, arbitration, or mediation relating to this Agreement will be entitled to recover its reasonable expenses and attorneys' fees from the other party for all matters, including but not limited to, appeals. Monroe County, Florida will be the proper venue for any litigation involving this Agreement. 20. PERFORMANCE EVALUATION. The BOCC and Administrator shall annually define goals, performance objectives, relative priorities, and time lines for performance which the BOCC and Administrator mutually agree are minimally necessary for the proper operation of county government and achievement of the BOCC's policy objectives. The mutual agreement shall be memorialized by a Resolution or Resolutions of the BOCC, and the Resolution or Resolutions shall become the basis for review and evaluation of the Administrator's work performance. A review and performance evaluation of the Administrator shall be conducted at least once during each fiscal year, and more often as the BOCC may deem appropriate. During the first ninety (90) days of this Agreement, the BOCC and Administrator shall mutually agree upon the format and form of the evaluation instrument to be used for the purposes stated in this section. 21. OTHER TERMS AND CONDITIONS, A. If any provision, term, or portion of this Agreement shall be held to be unconstitutional, illegal, invalid, or enforceable by a court of competent jurisdiction, the remaining terms, conditions, and portions shall remain in Sill force and effect as if originally agreed to without the term, condition, or portion that has Page 9 of I I been determined to be unconstitutional, illegal, invalid or unenforceable. B. The waiver by either the BOCC of the Administrator of a breach or violation of any term or provision of this Agreement by the other party shall not operate or be construed as a waiver of any subsequent breach or violation by the other party. C. This Agreement shall be binding upon and shall inure to the benefit of the heirs or estate of the Administrator- D. Should the Administrator die during the term of this Agreement, the obligations of the BOCC under this Agreement shall immediately terminate except for payment of accrued and unused leave balances to the Administrator's designated beneficiaries of his estate; payment of all outstanding hospitalization, medical, dental, and vision bills in accordance with the County's plans, policies, and procedures; and payment of all life insurance benefits in accordance with the terms of the County's insurance policies or plans. E. The BOCC and Administrator acknowledge that each has shared equally in the drafting and preparation of this Agreement and, accordingly, no court or administrative hearing officer shall construe any provision of this Agreement more strictly against one party over the other party, and every term, condition, covenant, and provision of this Agreement shall be construed simply according to its fair meaning. F. This Agreement incorporates and includes all prior negotiations, correspondence, conversations, agreements, and/or understandings applicable to the matters contained herein. It is further agreed that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained herein, and no deviation from the terms hereof shall be predicated upon any prior representations, offers, promises, inducements, or agreements, whether oral or written, and by whomever made. The text herein constitutes the entire agreement between the BOCC and the Administrator, and this agreement cannot be amended except by a written document mutually agreed to and executed with the same formaliitie:s as this Agreement. G. The, rights and obligations of this Agreement are personal to the Administrator and cannot be assigned, transferred, or otherwise impaired by the Administrator. (Rest of Page is Blank.) Page 10 of i l AND SEALED at Key West, Monroe County, Florida, this day of a Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA — BY / � Mayor/Chairpe son COUNTY ADM OTT RATOR THOMAS J. I Date: 27 p t� )L �' ?r-�- Page 1 I of 1