Item O93
CM
ounty of onroe
BOARD OF COUNTY COMMISSIONERS
Mayor Heather Carruthers, District 3
Mayor Pro Tem George Neugent, District 2
TheFloridaKeys
Danny L. Kolhage, District 1
David Rice, District 4
Sylvia J. Murphy, District 5
County Commission Meeting
August 17, 2016
Agenda Item Number: O.9
Agenda Item Summary #1968
BULK ITEM: DEPARTMENT:
Yes County Administrator
TIME APPROXIMATE:STAFF CONTACT:
Lisa Tennyson (305) 292-4444
N/A
AGENDA ITEM WORDING:
Approval of the Confidentiality Agreement required for State of
Florida Stan Mayfield Working Waterfront Grant Contract.
ITEM BACKGROUND:
The Board approved the Stan Mayfield Working Waterfront grant
was not completed. The item was
returned for Commission approval with the disclosure list completed.
This agreement, required by the State before it will begin the acquisition process, maintains the
confidentiality of any negotiations between DEP and the property owner, including appraisals and
any other reports relating to value is restricted to the parties involved, until a purchase agreement is
executed, the confidentiality term expires 30 days after termination of negotiation.
The Stan Mayfield Working Waterfront is awarded by the Department of Environmental Protection
(DEP) through the Florida Communities Trust (FCT). The grant is aimed at preserving working
oric of
economic bases.
PREVIOUS RELEVANT BOCC ACTION:
July 2016: BOCC approved grant contract, resolution authorizing execution of contract, and
confidentiality agreement.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION:
Approval.
DOCUMENTATION:
Confidentiality Agreement with completed Disclosure List
4EGOIX4K
3
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract: $7M
Total Cost to County: $5M
Current Year Portion:
Budgeted:
Yes
Source of Funds: One Cent Infrastructure Sales Tax
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match
:
Insurance Required:
Additional Details:
REVIEWED BY:
Bob Shillinger Completed 08/03/2016 4:03 PM
Kathy Peters Completed 08/03/2016 4:05 PM
Board of County Commissioners Pending 08/17/2016 9:00 AM
4EGOIX4K
3 E
DEP Agreement #:S0897
FCT Project No: 08-001-WW1
CONFIDENTIALITY AGREEMENT
This Confidentiality Agreement ("Agreement")is entered into by and between MONROE
COUNTY, FLORIDA, a political subdivision of the State of Florida (“Recipient”)and the
FLORIDA COMMUNITIES TRUST ("FCT"), a non-regulatory agency within the Department
of Environmental Protection, and is made with reference to Rule 62-821.005of the Florida
Administrative Code (F.A.C.).
1.The Project Site
This Agreement covers all parcels identified as part of the project site inRecipient’s FCT
Application 08-001-WW1that were selected for funding and are governed by a Grant
Agreementfor FCT Project Number 08-001-WW1("Project Site").
2.Confidentiality
a)Pursuant to Rule 62-821.002(7), F.A.C., the term "Confidential" refers to
information that shall not be available for public disclosure or inspection and is exempt from the
provisions of Fla. Stat. Section 119.07.
b)The Recipient and its agents shall maintain the confidentiality of appraisals, and
any other reports relating to value, offers, and counteroffers as required by F.A.C. Rule 62-
821.005.Appraisals, and any other reports relating to value, offers and counteroffers are not
available for public disclosure or inspection and are exempt from the provisions of Fla. Stat.
Section 119.07(1) until a Purchase Agreement is executed by the property owners and Recipient
and conditionally accepted by FCT (or if no Purchase Agreement is executed, then as provided in
Fla. Stat. Section 125.355(1)(a)if Recipient is a county, or Fla. Stat. Section 166.045(1)(a)if
Recipient is a municipality). Ifa Purchase Agreement is not submitted to FCT for approval, the
exemption from Fla. Stat. Section 119.07(1) will expire 30 days after the termination of
negotiations. The date of termination of negotiations may be based on a written statement from a
party to the negotiations that good faith efforts at negotiating a Purchase Agreementhave failed
and the party desires to cease negotiations.
c)The Recipient may disclose Confidential information only to the individuals listed
on the disclosure list below.
d)Recipient shall submit any requests to add persons to the disclosure list to the
FCT in writing. Uponthewritten consent of the Director of Division of State Lands or designee,
the parties may amend this Agreement to include additional persons to the disclosure list. All
confidentiality requirements outlined above shall apply to individuals added to the list.
1
FCT Project #: 08-001-WW1
DEP Agreement Number: S0897
8/3/2016
4EGOIX4K
3 E
3.Disclosure List/Agreement to be Bound
a)Recipient, and each of the undersigned board members and staff of the Recipient
and its agents, if any, jointly and severally agreeto maintain the confidentiality of appraisal
information, offers and counteroffers concerning FCT Project Number 08-001-WW1, as required
by F.A.C. Rule 62-821.005and this Agreement.
b)Each of the undersigned further certify that they have no legal or beneficial
interest in the Project Site.
DatePrint Name, Title or PositionAffix Signature
8/3/2016Roman Gastesi, County Administrator
8/3/2016Bob Shillinger, County Attorney
Lisa Tennyson, Director of Legislative
8/3/2016
Affairs/Grants Acquisition
8/3/2016MayorHeather Carruthers, District 3
8/3/2016Mayor Pro TemGeorge Neugent, District 2
8/3/2016Commissioner Danny Kolhage, District 1
8/3/2016Commissioner David Rice, District 4
8/3/2016Commissioner Sylvia Murphy, District 5
8/3/2016Pedro Mercado, Assistant County Attorney
8/3/2016Rene Rogers, Assistant County Attorney
8/3/2016Adele V. Stones, Special Counsel
THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK.
2
FCT Project #: 08-001-WW1
DEP Agreement Number: S0897
8/3/2016
4EGOIX4K
3 E
WHEREFORE, Recipient and FCT have set their respective handand seal as of the day and
year set forth below.
RECIPIENT:FCT:
MONROE COUNTY,a political FLORIDA COMMUNITIES TRUST
subdivision of the State of Florida
By:______________________________By:__________________________________
Print Name:_______________________Print Name:___________________________
As:______________________________As:__________________________________
(SEAL)
Date:____________________________Date:_________________________________
Approved as to form and legality:
By:__________________________________
FCT Attorney
Date:_________________________________
3
FCT Project #: 08-001-WW1
DEP Agreement Number: S0897
8/3/2016
4EGOIX4K