Item J2r
Meeting Date: February 18 2015 Division: Growth Management
Bulk Item: Yes X No Department: Marine Resources Office
Staff Contact Person/Phone : Richard Jones/289-2805
AGENDA ITEM WORDING:
Approval of Agreement between Monroe County Board of County Commissioners (Board) and DRC
Emergency Services, LLC {DRC) for Disaster Response and Recovery Services for Marine Debris and
Vessel Removal.
ITEM BACKGROUND:
Monroe County provides continuous coverage for disaster response and recovery services for marine
debris and vessel removal for the Florida Keys within Monroe County. The current Agreement, with
DRC Emergency Services, LLC, for such services expires February 28, 2015. To provide for
continuation of services staff was directed by the Board at its September 17, 2014, BOCC meeting to
advertise a Request for Proposals (RFP) to seep a vendor to provide "Disaster Response and Recovery
Services for Marine Debris and Vessel Removal". An RFP was advertised and a selection committee
meeting was held on January 5, 2015 to rank the responses. The Board met on January 21, 2015, and
approved the selection of DRC and direction to negotiate an Agreement.
Staff has provided the attached Agreement for Board approval. The effective date of the Agreement is
March 1, 2015 and the term is five years, with the option to extend the Agreement in one year
increments for five years.
PREVIOUS RELEVANT BOCC ACTION:
September 2014- Direction to advertise an RFP to seek a vendor for disaster recovery services
January 2015- Approval of selection of DRC for Disaster Response and Recovery Services for Marine
Debris and Vessel Removal, and direction to negotiate a contract
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATIONS:
Approval
[ I IZI'! all rl' 1'r ssYes ►Cif
W4121110117`�
REVENUE PRODUCING: Yes _ a AMOUNT PER MONTH Year
APPROVED BY: County Atty J , O B/Pure using X Risk Management X',�
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM #
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: DRC Emergency Serv. Contract #
Effective Date: 3/1/2015
Expiration Date: 2/28/2020
Contract Purpose/Description:
Approval of Agreement between Monroe County Board of County Commissioners and
DRC Emergency Services, LLC (DRC) for Disaster Response and Recovery Services
for Marine Debris and Vessel Removal.
Contract Manager: Richard Jones
(Name)
for BOCC meeting on 2/18/2015
2805 Growth Management/ 11
(Ext.) (Department/Stop 9)
.aenda Deadline: 2/3/2015
CONTRACT COSTS
Total Dollar Value of Contract: $ N/A Current Year Portion:
Budgeted? YesE] NoFj Account Codes:
Grant:
County Match: $
ADDITIONAL COSTS
Estimated Ongoing Costs: $—/yr For:
(Not included in dollar value above) (eg. maintenance
CONTRACT REVIEW
Changes
Date In
Division Director
Needed
YeS❑ NOEJ
Risk Management
YeSF-1 No�3
O.M.B./Purc%a—sing
Yes❑ No/
County Attorney LF
Yes[] NoZ
Comments:
utilitie
etc.
Date Out
I
)MB Fonn. Revised 2/27/01 MCP #2
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This Agreement ("Agreement") made and entered into this day of 7
2015 by and between Monroe County, a political subdivision of the State of Florida, whose address
is 1100 Simonton Street, Key West, Florida, 33040, its successors and assigns, hereinafter
referred to as "COUNTY," through the Monroe County Board of County Commissioners ("BOCC"),
WE
DRC Emergency Services, LLC, a Foreign Limited Liability Company authorized to do
business in the State of Florida, whose address is 500 South Australian Ave. Suite 600, West Palm
Beach, FL 33401, its successors and assigns, hereinafter referred to as "CONTRACTOR",
WITNESSETH:
WHEREAS, COUNTY desires to employ the professional services of CONTRACTOR for
Disaster Response and Recovery Services for Marine Debris and Vessel Removal; and
WHEREAS, CONTRACTOR has agreed to provide professional services which shall
include but not be limited to providing Disaster Response and Recovery Services, which services
shall collectively be referred to as the "Project";
NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements
stated herein, and for other good and valuable consideration, the sufficiency of which is hereby
acknowledged, COUNTY and CONTRACTOR agree as follows:
By executing this Agreement, CONTRACTOR makes the following express representations and
warranties to the COUNTY:
1.1.1 The CONTRACTOR has and shall maintain all necessary licenses, permits or other
authorizations necessary to act as CONTRACTOR for the Project until the
CONTRACTOR'S duties hereunder have been fully satisfied;
1.1.2 The CONTRACTOR has become familiar with the Project site and the local conditions
under which the work is to be completed.
1.1.3 The CONTRACTOR shall prepare all documentation required by this Agreement in such a
manner that it shall be accurate, coordinated and adequate for use in verifying work
completed by debris contractors and associated costs and shall be in conformity and
comply with all applicable law, codes and regulations. The CONTRACTOR warrants that
the documents prepared as a part of this Agreement will be adequate and sufficient to
document costs in a manner that is acceptable for reimbursement by government agencies,
therefore eliminating any additional cost due to missing or incorrect information;
1.1.4 The CONTRACTOR assumes full responsibility to the extent allowed by law with regard to
his performance and those directly under his employ.
1.1.5 The CONTRACTOR'S services shall be performed as expeditiously as is consistent with
professional skill and care and the orderly progress of the Project. In providing all services
pursuant to this agreement, the CONTRACTOR shall abide by all statutes, ordinances,
rules and regulations pertaining to, or regulating the provisions of such services, including
those now in effect and hereinafter adopted. Any violation of said statutes, ordinances,
rules and regulations shall constitute a material breach of this agreement and shall entitle
the Board to terminate this contract immediately upon delivery of written notice of
termination to the CONTRACTOR.
1.1.6 At all times and for all purposes under this agreement the CONTRACTOR is an
independent contractor and not an employee of the Board of County Commissioners for
Monroe County. No statement contained in this agreement shall be construed so as to find
the CONTRACTOR or any of his/her employees, sub -contractors, servants, or agents to be
employees of the Board of County Commissioners for Monroe County.
1.1.7 The CONTRACTOR shall not discriminate against any person on the basis of race, creed,
color, national origin, sex, age, or any other characteristic or aspect which is not job related,
in its recruiting, hiring, promoting, terminating, or any other area affecting employment
under this agreement or with the provision of services or goods under this agreement.
1.1.8 The effective date of this AGREEMENT shall be March 1, 2015. The term of the
AGREEMENT shall be for a five year period, unless otherwise terminated as provided
herein. The COUNTY shall have the option of extending the AGREEMENT in one year
increments for up to five additional years on the same terms and conditions with approval of
the COUNTY'S governing board. Such extension(s) shall be in the form of a written
Amendment to the AGREEMENT and shall be executed by both parties.
P�11111111314 :1 IN 111 [sill,
CONTRACTOR'S Scope of Basic Services consists of those described in Attachment A (Scope of
Work, p.16 below). The CONTRACTOR shall commence work on the services provided for in this
Agreement promptly upon his receipt of a written notice to proceed from the COUNTY. The notice
to proceed will be in the form of a task order and must contain a description of the services to be
performed, and the time within which services must be performed.
The CONTRACTOR shall, without additional compensation, promptly correct any errors,
omissions, deficiencies, or conflicts in the work product of the CONTRACTOR or its
subCONTRACTORs, or both.
All written correspondence to the COUNTY shall be dated and signed by an authorized
representative of the CONTRACTOR. Any notice required or permitted under this Agreement
shall be in writing and hand delivered or mailed, postage pre -paid, to the COUNTY by certified
mail, return receipt requested, or by deposit with an overnight express delivery service with proof
of receipt to the following:
Christine Hurley
Growth Management Division Director
2798 Overseas Hwy.
Marathon, Florida 33050
And: Robert Shillinger
County Attorney
1111 12 1h Street, Suite 408
Key West, Florida 33040
And: Mr. Roman Gastesi, Jr.
Monroe County Administrator
1100 Simonton Street, Room 2-205
Key West, Florida 33040
Mark Stafford
Chief Executive Officer
740 Museum Dr., Mobile, Alabama 36608
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3.1 The services described in Article III are those that may be provided by the CONTRACTOR
(C. below provided for example purposes only) and are not included in Basic Services. If
requested by the COUNTY they shall be paid for as an addition to the compensation paid
for the Basic Services but only if approved by the COUNTY before commencement.
A. Providing services by CONTRACTOR for other than the previously listed scope of the
Project provided as a part of Basic Services.
B. Providing any other services not otherwise included in this Agreement or not customarily
furnished in accordance with generally accepted debris recovery operations.
C. Providing representation before public bodies in connection with the Project, upon
approval by COUNTY.
3.2 If Additional Services are required, such as those listed above, the COUNTY shall issue a
letter requesting and describing the requested services to the CONTRACTOR. The
CONTRACTOR shall respond with a fee proposal to perform the requested services. Only
after receiving an amendment to the Agreement and a notice to proceed from the
COUNTY, shall the CONTRACTOR proceed with the Additional Services.
Ifielli ILI, I III&I 2_1 ;V-1261,
4.1 The COUNTY shall provide full information regarding requirements for the Project including
physical location of work.
4.2 The COUNTY shall designate a representative to act on the COUNTY's behalf with respect
to the Project. The COUNTY or its representative shall render decisions in a timely manner
pertaining to documents submitted by the CONTRACTOR in order to avoid unreasonable
delay in the orderly and sequential progress of the CONTRACTOR'S services.
4.3 Prompt written notice shall be given by the COUNTY and its representative to the
CONTRACTOR if they become aware of any fault or defect in the Project or non-
conformance with the Agreement Documents. Written notice shall be deemed to have been
duly served if sent pursuant to paragraph 2.3.
4.4 The COUNTY shall furnish the required information and services and shall render
approvals and decisions as expeditiously as necessary for the orderly progress of the
CONTRACTOR'S services and work of the contractors.
4.5 The COUNTY's review of any documents prepared by the CONTRACTOR or its
subcontractors shall be solely for the purpose of determining whether such documents are
generally consistent with the COUNTY's criteria, as, and if, modified. No review of such
documents shall relieve the CONTRACTOR of responsibility for the accuracy, adequacy,
fitness, suitability or coordination of its work product.
4.6 The COUNTY shall provide copies of necessary documents required to complete the work.
4.7 Any information that may be of assistance to the CONTRACTOR that the COUNTY has
immediate access to will be provided as requested.
ARTICLE V
INDEMNIFICATION AND HOLD HARMLESS
5.1 The CONTRACTOR covenants and agrees to indemnify, hold harmless and defend
COUNTY, its commissioners, officers, employees, agents and servants from any and all claims for
bodily injury, including death, personal injury, and property damage, including damage to property
owned by Monroe County, and any other losses, damages, and expenses of any kind, including
attorney's fees, court costs and expenses, which arise out of, in connection with, or by reason of
services provided by CONTRACTOR or its Subcontractor(s) in any tier, occasioned by the
negligence, errors, or other wrongful act or omission of the CONTRACTOR, its Subcontractor(s)
in any tier, their officers, employees, servants and agents.
In the event that the completion of the project (to include the work of others) is delayed or
suspended as a result of the CONTRACTOR's failure to purchase or maintain the required
insurance, the CONTRACTOR shall indemnify COUNTY from any and all increased expenses
resulting from such delay. Should any claims be asserted against COUNTY by virtue of any
deficiency or ambiguity in the plans and specifications provided by the CONTRACTOR, the
CONTRACTOR agrees and warrants that CONTRACTOR hold the County harmless and shall
indemnify it from all losses occurring thereby and shall further defend any claim or action on the
COUNTY's behalf.
The first ten dollars ($10.00) of remuneration paid to the CONTRACTOR is consideration for the
indemnification provided for above.
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this agreement.
This indemnification shall survive the expiration or earlier termination of the Agreement.
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The CONTRACTOR shall assign only qualified personnel to perform any service concerning the
project. At the time of execution of this Agreement, the parties anticipate that the following named
individuals will perform those functions as indicated:
NAME FUNCTION
Compliance and Administrative
Kristy Fuentes Project Logistics and Setup
Lisa Garcia Contract Management
Bryan Fike Regional Manager South Florida
Mark Stafford
Chief Executive Officer
Drew Wilson Debris Operations Manager
So long as the individuals named above remain actively employed or retained by the
CONTRACTOR, they shall perform the functions indicated next to their names. If they are
replaced the CONTRACTOR shall notify the COUNTY of the change immediately. CONTRACTOR
shall provide equally qualified personnel if the above named are replaced.
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D01 ITI 1 :14 11161-119 Lei 04
7.1 PAYMENTSUM
The COUNTY shall pay the CONTRACTOR in current funds for the CONTRACTOR'S
performance of this Agreement based on rates negotiated and agreed upon and shown in
Attachment B.
For its assumption and performances of the duties, obligations and responsibilities set forth
herein, the CONTRACTOR shall be paid in accordance with assigned Tasks and
completion of Tasks, based on submitted invoices.
(A) If the CONTRACTOR'S duties, obligations and responsibilities are materially
changed by amendment to this Agreement after execution of this Agreement,
compensation due to the CONTRACTOR shall be equitably adjusted, either upward
or downward;
(B) As a condition precedent for any payment due under this Agreement, the
CONTRACTOR shall submit proper invoices to COUNTY requesting payment for
services properly rendered and reimbursable expenses due hereunder. The
CONTRACTOR'S invoices shall describe with reasonable particularity the service
rendered. The CONTRACTOR'S invoices shall be accompanied by such
documentation or data in support of expenses for which payment is sought and
which the COUNTY may require, and which comply with FEMA requirements.
(C) Payment shall be made pursuant to the Local Government Prompt Payment Act,
218.735, Florida Statute.
There shall be no reimbursable expenses or items, other than those enumerated in the
Agreement.
7.4.1 The CONTRACTOR is not entitled to receive, and the COUNTY is not obligated to pay, any
fees or expenses in excess of the amount budgeted for this contract in each fiscal year
(October 1 - September 30) by COUNTY's Board of County Commissioners. The budgeted
amount may only be modified by an affirmative act of the COUNTY's Board of County
Commissioners.
7.4.2 The COUNTY's performance and obligation to pay under this Agreement is contingent upon
an annual appropriation by the Board of County Commissioners and the approval of the
Board members at the time of contract initiation and its duration.
ARTICLE Vill
INSURANCE
8.1 The CONTRACTOR shall obtain insurance as specified and maintain the required
insurance at all times that this Agreement is in effect. In the event the completion of the
project (to include the work of others) is delayed or suspended as a result of the
CONTRACTOR'S failure to purchase or maintain the required insurance, the
CONTRACTOR shall indemnify the COUNTY from any and all increased expenses
resulting from such delay.
8.2 The coverage provided herein shall be provided by an insurer with an A.M. Best rating of VI
or better, that is licensed to do business in the State of Florida and that has an agent for
service of process within the State of Florida. The coverage shall contain an endorsement
providing sixty (60) days notice to the COUNTY prior to any cancellation of said coverage.
Said coverage shall be written by an insurer acceptable to the COUNTY and shall be in a
form acceptable to the COUNTY.
8.3 CONTRACTOR shall obtain and maintain the following policies:
A. Workers' Compensation insurance as required by the State of Florida, sufficient to
respond to Florida Statutes Chapter 440.
B. Employers Liability Insurance with limits of $1,000,000 per Accident, $1,000,000
Disease, policy limits, $1,000,000 Disease each employee.
C. Comprehensive business automobile and vehicle liability insurance covering claims for
injuries to members of the public and/or damages to property of others arising from use
of motor vehicles, including onsite and offsite operations, and owned, hired or non -
owned vehicles, with One Million Dollars ($1,000,000,00) combined single limit and One
Million Dollars ($1,000,000.00) annual aggregate.
D. Commercial general liability, including Personal Injury Liability, covering claims for
injuries to members of the public or damage to property of others arising out of any
covered act or omission of the CONTRACTOR or any of its employees, agents or
subcontractors or subcontractors, including Premises and/or Operations, Products and
Completed Operations, Independent Contractors; Broad Form Property Damage and a
Blanket Contractual Liability Endorsement with One Million Dollars ($1,000,000) per
occurrence and annual aggregate.
An Occurrence Form policy is preferred. If coverage is changed to or 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 must extend for a minimum of 48 months following the termination or
expiration of this contract.
E. Pollution Liability insurance of One Million Dollars ($1,000,000.00) per occurrence and
Two Million Dollars ($2,000,000.00) annual aggregate. If the policy is a "claims made"
policy, CONTRACTOR shall maintain coverage or purchase a "tail" to cover claims
made after completion of the project to cover the statutory time limits in Chapter 95 of
the Florida Statutes.
F. Watercraft Liability insurance of One Million Dollars ($1,000,000.00).
G. Jones Act Coverage
Recognizing that the work governed by this contract involves Maritime Operations, the
Contractor's Workers' Compensation Insurance Policy shall include coverage for claims
subject to the Federal Jones Act (46 U.S.C.A. subsection 688) with limits not less than
$1 Million. The Contractor shall be permitted to provide Jones Act Coverage through a
separate Protection and Indemnity Policy, in so far as the coverage provided is no less
restrictive than would have been provided by a Workers' Compensation policy.
H. COUNTY shall be named as an additional insured with respect to CONTRACTOR'S
liabilities hereunder for all insurance coverages except Workers Compensation and
Employers Liability.
CONTRACTOR shall require its subcontractors to be adequately insured at least to the
limits prescribed above, and to any increased limits of CONTRACTOR if so required by
COUNTY during the term of this Agreement. COUNTY will not pay for increased limits
of insurance for subcontractors.
ME
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CONTRACTOR shall provide to the COUNTY certificates of insurance or a copy of all
insurance policies including those naming the COUNTY as an additional insured. The
COUNTY reserves the right to require a certified copy of such policies upon request.
K. If the CONTRACTOR participates in a self-insurance fund, a Certificate of Insurance will
be required. In addition, the CONTRACTOR may be required to submit updated
financial statements from the fund upon request from the COUNTY.
OEM III log 111111:8 1,
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Section headings have been inserted in this Agreement as a matter of convenience of
reference only, and it is agreed that such section headings are not a part of this Agreement
and will not be used in the interpretation of any provision of this Agreement.
The documents prepared by the CONTRACTOR for this Project belong to the COUNTY
and may be reproduced and copied without acknowledgement or permission of the
CONTRACTOR.
The CONTRACTOR shall not assign or subcontract its obligations under this agreement,
except in writing and with the prior written approval of the Board of County Commissioners
for Monroe County and the CONTRACTOR, which approval shall be subject to such
conditions and provisions as the Board may deem necessary. This paragraph shall be
incorporated by reference into any assignment or subcontract and any assignee or
subcontractor shall comply with all of the provisions of this agreement. Subject to the
provisions of the immediately preceding sentence, each party hereto binds itself, its
successors, assigns and legal representatives to the other and to the successors, assigns
and legal representatives of such other party.
Nothing contained herein shall create any relationship, contractual or otherwise, with or any
rights in favor of, any third party.
A. In the event that the CONTRACTOR shall be found to be negligent in any aspect of
service, the COUNTY shall have the right to terminate this agreement after five days
written notification to the CONTRACTOR,
B. Either of the parties hereto may cancel this Agreement without cause by giving the
other party sixty (60) days written notice of its intention to do so.
This contract consists of the Request for Proposals (RFP), any addenda, the Form of
Agreement (Articles I -IX), the CONTRACTOR'S response to the RFP, the documents
referred to in the Form of Agreement as a part of this Agreement, and modifications made
after execution by written amendment. In the event of any conflict between any of the
Contract documents, the one imposing the greater burden on the CONTRACTOR will
control.
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 contracts 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 CONTRACTOR 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 of the
Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being
placed on the convicted vendor list.
By signing this Agreement, CONTRACTOR represents that the execution of this Agreement
will not violate the Public Entity Crimes Act (Section 287.133, Florida Statutes). Violation of
this section shall result in termination of this Agreement and recovery of all monies paid
hereto, and may result in debarment from COUNTY's competitive procurement activities.
In addition to the foregoing, CONTRACTOR further represents that there has been no
determination, based on an audit, that it or any subCONTRACTOR has committed an act
defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not
been formally charged with committing an act defined as a "public entity crime" regardless
of the amount of money involved or whether CO,NUSULTANT has been placed on the
convicted vendor list.
CONTRACTOR will promptly notify the COUNTY if it or any subcontractor or
CONTRACTOR is formally charged with an act defined as a "public entity crime" or
h I as been placed on the convicted vendor list.
CONTRACTOR shall maintain all books, records, and documents directly pertinent to
performance under this Agreement in accordance with generally accepted accounting
principles consistently applied. Records shall be retained for a period of five years from the
termination of this agreement. Each party to this Agreement or its authorized
representatives shall have reasonable and timely access to such records of each other
party to this Agreement for public records purposes during the term of the Agreement and
for four years following the termination of this Agreement. If an auditor employed by the
COUNTY or Clerk determines that monies paid to CONTRACTOR pursuant to this
Agreement were spent for purposes not authorized by this Agreement, or were wrongfully
retained by the CONTRACTOR, the CONTRACTOR shall repay the monies together with
interest calculated pursuant to Sec. 55.03, of the Florida Statutes, running from the date the
monies were paid by the COUNTY.
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This Agreement shall be governed by and construed in accordance with the laws of the
State of Florida applicable to contracts made and to be performed entirely in the State. In
the event that any cause of action or administrative proceeding is instituted for the
enforcement or interpretation of this Agreement, COUNTY and CONTRACTOR agree that
venue shall lie in the 16 1h Judicial Circuit, Monroe County, Florida, in the appropriate court
or before the appropriate administrative body. This agreement shall not be subject to
arbitration. Mediation proceedings initiated and conducted pursuant to this Agreement shall
be in accordance with the Florida Rules of Civil Procedure and usual and customary
procedures required by the circuit court of Monroe County.
If any term, covenant, condition or provision of this Agreement (or the application thereof to
any circumstance or person) shall be declared invalid or unenforceable to any extent by a
court of competent jurisdiction, the remaining terms, covenants, conditions and provisions
of this Agreement, shall not be affected thereby; and each remaining term, covenant,
condition and provision of this Agreement shall be valid and shall be enforceable to the
fullest extent permitted by law unless the enforcement of the remaining terms, covenants,
conditions and provisions of this Agreement would prevent the accomplishment of the
original intent of this Agreement. The COUNTY and CONTRACTOR agree to reform the
Agreement to replace any stricken provision with a valid provision that comes as close as
possible to the intent of the stricken provision.
The COUNTY and CONTRACTOR agree that in the event any cause of action or
administrative proceeding is initiated or defended by any party relative to the enforcement
or interpretation of the Agreement, the prevailing party shall be entitled to reasonable
attorney's fees and court costs, as an award against the non -prevailing party, and shall
include attorney's fees and courts costs in appellate proceedings.
9.12 BINDING EFFECT
The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to
the benefit of the COUNTY and CONTRACTOR and their respective legal representatives,
successors, and assigns.
Each party represents and warrants to the other that the execution, delivery and
performance of this Agreement have been duly authorized by all necessary County and
corporate action, as required by law.
CONTRACTOR and COUNTY agree that each shall be, and is, empowered to apply for,
seek, and obtain federal and state funds to further the purpose of this Agreement; provided
that all applications, requests, grant proposals, and funding solicitations shall be approved
by each party prior to submission.
10
COUNTY and CONTRACTOR agree that all disputes and disagreements shall be
attempted to be resolved by meet and confer sessions between representatives of each of
the parties. If no resolution can be agreed upon within 30 days after the first meet and
confer session, the issue or issues shall be discussed at a public meeting of the Board of
County Commissioners. If the issue or issues are still not resolved to the satisfaction of the
parties, then any party shall have the right to seek such relief or remedy as may be
provided by this Agreement or by Florida law. This provision does not negate or waive the
provisions of paragraph 9.5 concerning termination or cancellation.
In the event any administrative or legal proceeding is instituted against either party relating
to the formation, execution, performance, or breach of this Agreement, COUNTY and
CONTRACTOR agree to participate, to the extent required by the other party, in all
proceedings, hearings, processes, meetings, and other activities related to the substance of
this Agreement or provision of the services under this Agreement. COUNTY and
CONTRACTOR specifically agree that no party to this Agreement shall be required to enter
into any arbitration proceedings related to this Agreement.
CONTRACTOR and COUNTY agree that there will be no discrimination against any
person, and it is expressly understood that upon a determination by a court of competent
jurisdiction that discrimination has occurred, this Agreement automatically terminates
without any further action on the part of any party, effective the date of the court order.
CONTRACTOR or COUNTY agrees to comply with all Federal and Florida statutes, and all
local ordinances, as applicable, relating to nondiscrimination. These include but are not
limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits
discrimination on the basis of race, color or national origin; 2) Title IX of the Education
Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits
discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as
amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The
Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits
discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972
(PIL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The
Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation
Act of 1970 (PIL 91-616), as amended, relating to nondiscrimination on the basis of alcohol
abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC
ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug
abuse patient records; 8) Title Vill of the Civil Rights Act of 1968 (42 USC s. et seq.), as
amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The
Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as may be amended from
time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County
Code Chapter 13, Article VI, which prohibits discrimination on the basis of race, color, sex,
religion, national origin, ancestry, sexual orientation, gender identity or expression, familial
status or age; 11) Any other nondiscrimination provisions in any Federal or state statutes
which may apply to the parties to, or the subject matter of, this Agreement.
CONTRACTOR and COUNTY covenant that neither presently has any interest, and shall
not acquire any interest, which would conflict in any manner or degree with its performance
under this Agreement, and that only interest of each is to perform and receive benefits as
recited in this Agreement.
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COUNTY agrees that officers and employees of the COUNTY recognize and will be
required to comply with the standards of conduct for public officers and employees as
delineated in Section 112.311, et seq, Florida Statutes, regarding, but not limited to,
solicitation or acceptance of gifts; doing business with one's agency; unauthorized
compensation; misuse of public position, conflicting employment or contractual relationship;
and disclosure or use of certain information.
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The CONTRACTOR and COUNTY warrant that, in respect to itself, it has neither employed
nor retained any company or person, other than a bona fide employee working solely for it,
to solicit or secure this Agreement and that it has not paid or agreed to pay any person,
company, corporation, individual, or firm, other than a bona fide employee working solely
for it, any fee, commission, percentage, gift, or other consideration contingent upon or
resulting from the award or making of this Agreement. CONTRACTOR warrants that it has
not employed, retained or otherwise had act on its behalf any former county officer or
employee subject to the prohibition of Section 2 of Ordinance No. 010-1990 as amended by
Ordinance 020-1990 or any county officer or employee in violation of Section 3 of
Ordinance No. 010-1990. For the breach or violation of the provision, the CONTRACTOR
agrees that the COUNTY shall have the right to terminate this Agreement without liability
and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of
such fee, commission, percentage, gift, or consideration.
Pursuant to F.S. 119.0701, Contractor and its subcontractors shall comply with all public
records laws of the State of Florida, including but not limited to:
A. Keep and maintain public records that ordinarily and necessarily would be required by
Monroe County in order to perform the service.
B. Provide the public with access to public records on the terms and conditions that
Monroe County would provide the records and at a cost that does not exceed the cost
provided in Florida Statutes, Chapter 119 or as otherwise provided by law.
C. Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law.
D. Meet all requirements for retaining public records and transfer, at no cost, to Monroe
County all public records in possession of the contractor upon termination of the contract
and destroy any duplicate public records that are exempt or confidential and exempt from
public records disclosure requirements. All records stored electronically must be provided to
12
Monroe County in a format that is compatible with the information technology systems of
Monroe County.
Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the
CONTRACTOR and the COUNTY in this Agreement and the acquisition of any commercial
liability insurance coverage, self-insurance coverage, or local government liability insurance
pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage,
nor shall any contract entered into by the COUNTY be required to contain any provision for
waiver.
All of the privileges and immunities from liability, exemptions from laws, ordinances, and
rules and pensions and relief, disability, workers' compensation, and other benefits which
apply to the activity of officers, agents, or employees of any public agents or employees of
the COUNTY, when performing their respective functions under this Agreement within the
territorial limits of the COUNTY shall apply to the same degree and extent to the
performance of such functions and duties of such officers, agents, volunteers, or employees
outside the territorial limits of the COUNTY.
Non -Delegation of Constitutional or Statutory Duties. This Agreement is not intended to,
nor shall it be construed as, relieving any participating entity from any obligation or
responsibility imposed upon the entity by law except to the extent of actual and timely
performance thereof by any participating entity, in which case the performance may be
offered in satisfaction of the obligation or responsibility. Further, this Agreement is not
intended to, nor shall it be construed as, authorizing the delegation of the constitutional or
statutory duties of the COUNTY, except to the extent permitted by the Florida constitution,
state statute, and case law.
No person or entity shall be entitled to rely upon the terms, or any of them, of this
Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit
of any service or program contemplated hereunder, and the CONTRACTOR and the
COUNTY agree that neither the CONTRACTOR nor the COUNTY or any agent, officer, or
employee of either shall have the authority to inform, counsel, or otherwise indicate that any
particular individual or group of individuals, entity or entities, have entitlements or benefits
under this Agreement separate and apart, inferior to, or superior to the community in
general or for the purposes contemplated in this Agreement.
CONTRACTOR agrees to execute such documents as COUNTY may reasonably require,
including a Public Entity Crime Statement, an Ethics Statement, and a Drug -Free
Workplace Statement. Signature of this Agreement by CONTRACTOR shall act as the
execution of a truth in negotiation certificate stating that wage rates and other factual unit
costs supporting the compensation pursuant to the Agreement are accurate, complete, and
current at the time of contracting. The original contract price and any additions thereto shall
13
be adjusted to exclude any significant sums by which the agency determines the contract
price was increased due to inaccurate, incomplete, or concurrent wage rates and other
factual unit costs. All such adjustments must be made within one year following the end of
the Agreement.
No covenant or agreement contained herein shall be deemed to be a covenant or
agreement of any member, officer, agent or employee of Monroe County in his or her
individual capacity, and no member, officer, agent or employee of Monroe County shall be
liable personally on this Agreement or be subject to any personal liability or accountability
by reason of the execution of this Agreement.
•0 19 4 wil
This Agreement may be executed in any number of counterparts, each of which shall be
regarded as an original, all of which taken together shall constitute one and the same
instrument and any of the parties hereto may execute this Agreement by signing any such
counterpart.
This Agreement is subject to the following provisions which are incorporated in and made a
part of this Agreement.
9.29.1 Davis -Bacon Act - In accordance with the Davis -Bacon Act, the CONTRACTOR or
their subcontractors shall pay workers employed directly upon the site of the work no
less than the locally prevailing wages and fringe benefits paid on projects of a similar
character. The current prevailing wage rates can be found at:
www.access.ga.
clovidavisbacon/fl.tml gov/davisbacon/fl.html under Monroe County.
9.29.2 Americans with Disabilities Act of 1990 (ADA) - The CONTRACTOR will comply with
all the requirements as imposed by the ADA, the regulations of the Federal
government issued thereunder, and the assurance by the CONTRACTOR pursuant
thereto.
9.29.3 Disadvantaged Business Enterprise (DBE) Policy and Obligation - It is the policy of
the COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the
opportunity to participate in the performance of contracts financed in whole or in part
with COUNTY funds under this Agreement. The DBE requirements of applicable
federal and state laws and regulations apply to this Agreement. The COUNTY and its
CONTRACTOR agree to ensure that DBE's have the opportunity to participate in the
performance of this Agreement. In this regard, all recipients and contractors shall take
all necessary and reasonable steps in accordance with applicable federal and state
laws and regulations to ensure that the DBE's have the opportunity to compete for
and perform contracts. The COUNTY and the CONTRACTOR and subcontractors
shall not discriminate on the basis of race, color, national origin or sex in the award
and performance of contracts, entered pursuant to this Agreement.
14
IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly
authorized representative on the day and year indicated.
(SEAL)
Attest: Amy Heavilin, Clerk
Bv:
Date:
By:
Print name:
By:
Print name:
STATE OF
COUNTY OF
WITNESS
WITNESS
•q plip I
A LiMNE61011.463ME2011RI IBM
Bv:
Mayor/Chairman
CONTRACTOR
-0
Print name and title: -Mark Stafford/CEO
MONROE COUNTY ATTORNEY
AP OVED AS TO FORM
PETER MORRIS
ASSISTANT COLJNTV ATTORNEY
1) Art -
On this day of 201_, before me the person whose name is subscribed
above, and who produced as identification, acknowledged that he/she is the
person who executed the above Contract for the purposes therein contained.
Notary Public
Print Name
My commission expires:
Seal
15
10 C
SCOPEi';r FOR RESPONSE AND REC01 ERTSER'T ICES
INCLUDING
LIVIBSTER TRAPS,MARINE i'ABANDONED AND DERELICT
The Scope of Work described below will be referred to as "the Project" or "project".
Lobster (or ,Stone Crab) Trap Removal
Contractor will be responsible for managing the removal and disposal of lobster traps destroyed or
substantially damaged as the result of a hurricane or other storm event; to include the identification
of locations in the water where significant trap debris exists, working with the Florida Keys
Commercial Fishermen's Association or other entities (as approved by Monroe County) to locate,
remove, and dispose of traps, and oversight of field monitoring, and billing for the project.
Detailed Responsibilities
CONTRACTOR will be responsible for locating appropriate Temporary Debris ,Storage and
Reduction Sites (TDSRS).
CONTRACTOR will provide management and oversight for County designated TDSRS to
manage traps prior to appropriate disposal. No traps or trap parts shall be disposed of
offshore. TDSRS may be at fish houses or commercial fishing related facilities.
CONTRACTOR will determine locations of significant lobster trap debris in an area from
Key West to Key Largo and the Monroe County portion of the "Eighteen Mile Stretch," to
include municipalities. No effort should be made to assess the area within the bounds of
Everglades National Park. Assessment of debris locations should not extend beyond 1/2 mile
further toward the ocean or gulf from the islands connected by U.S. highway 1, unless there
are known shallow water flat areas which may harbor trap debris. In addition, a less detailed
assessment of the existence of lobster trap debris should be completed for the area ten miles
(plus or minus) west of Key West.
+ CONTRACTOR will only remove traps that have washed up on shallow water "flats" in the
Keys or which otherwise exist in the near shore environment of the Keys and are tangled
with other trap material (trap lines particularly); such that these traps cannot be construed as
being active or functional for "fishing."
+ CONTRACTOR will provide supervision and project oversight as required by FEMA, the
State of Florida, and the County in conjunction with County staff and/or a monitoring firm
employed by the County. Monitoring will include determination of actual trap removal
counts of complete or partial traps and coordination with FEMA, the State of Florida, or
Monroe County for verification of such counts.
+ CONTRACTOR will be responsible for the management of all project expenses and billing
documentation as will be required by FEMA, the State of Florida, and the County.
16
• CONTRACTOR through separate sub -contracts) may accept the assistance of any other
valid, qualified contractor as needed to assist in this project. COUNTY reserves the right to
solely determine if the sub -contractor in question is qualified to participate in this project.
Canal and Nearshore Marine Debris Clean-up
CONTRACTOR will be responsible for managing the assessment, removal and disposal of marine
debris in manmade canals and nearshore areas (within 1/2 mile of shore) which has resulted from the
impacts of hurricanes or other natural or man-made events, within the term of the Agreement.
Efforts are to include the identification of locations in the water of where significant marine debris
exists, contracting with local marine contractors (as necessary) to locate, remove, and dispose or
marine debris, and oversight of field operations for the project.
Detailed Responsibilities:
CONTRACTOR will be responsible for locating appropriate Temporary Debris Storage and
Reduction Sites (TDSRS).
• CONTRACTOR will provide management and oversight of County designated TDSRS for
storage of marine debris prior to appropriate final disposal.
CONTRACTOR will determine locations of marine debris in manmade canals and
nearshore areas within an area to include Ivey Nest to ley Largo and the Monroe County
portion of the "Eighteen Mile Stretch" and Card Sound Road, to include the municipalities.
The definition of manmade canal shall be that found in the Monroe County Code of
Ordinances.
* CONTRACTOR will assess total potential volume or area (linear feet or area of canal or
shoreline, tons, cubic yards, etc.) for the amount of marine debris likely to be removed and
disposed of. Marine debris should include such material that is visible on or just under the
water's surface and that would cause a hazard to safe navigation or be a potential risk to
human health if not removed. Such marine debris should not be debris attached to personal
property unless permission is provided to remove such debris. An effort should be made to
contact a property owner to obtain permission to remove material that is obviously debris,
but which may be tied or otherwise affixed to land for reasons of maintaining clear
navigation.
CONTRACTOR will perform pre -removal assessment and mapping of canal debris using
cost-effective technology, including side scan sonar or other methodology, to provide
identification and assessment of debris locations.
® CONTRACTOR will complete Contracts for Service with local marine contractors, as
necessary, to remove debris from manmade canals and/or shoreline areas located in the
project work area.
CONTRACTOR will provide supervision for project oversight efforts as required by FEA
or the Natural Resources Conservation Service (MRCS) (U.S. Department of Agriculture),
17
the State of Florida, and the County in coordination with County staff and/or a monitoring
firm employed by the County.
CONTRACTOR will be responsible for the management of all project expenses and billing
documentation as will be required by FEMA or MRCS, the State of Florida, and the County
CONTRACTOR will be responsible for managing the removal from the water, impound and
auction or disposal, of derelict and abandoned vessels surrounding the Florida Keys which are
largely, but not exclusively, the result of impacts of hurricane and other storm events within the
term of the Agreement. Efforts are to include the detailed cast assessment for the removal of larger
vessels which are located in shallow waters and are hard aground. Work will also include obtaining
necessary salvage approvals through applicable state and federal agencies, including the Florida
Keys National Marine Sanctuary, the United States Coast Guard, the U.S. Fish and Wildlife
Service, and the Florida Fish and Wildlife Conservation Commission.
Detailed Responsibilities:
CONTRACTOR will be responsible for locating appropriate Temporary Debris Storage and
Reduction Sites (TDSRS)
CONTRACTOR will determine current locations of remaining abandoned and derelict
vessels and determine the least costly approach for salvage or disposal as appropriate.
CONTRACTOR will provide management and oversight of County designated temporary
debris sites for storage of vessels (including floating structures) and associated debris prior
to appropriate final disposal.
CONTRACTOR will assess total potential value of the removal operation whether by means
leading to disposal or by means appropriate for salvage and sale for cost.
CONTRACTOR will work with local, state, and federal agencies to approve salvage plans
for vessels that are located on sensitive marine or wetland resources, including shallow
water seagrass areas and mangrove communities.
CONTRACTOR will, prior to ultimate removal from the marine environment, reach
agreement with local, state, and federal agencies on which abandoned vessels will be
"eligible" under FEMA's eligibility guidelines.
• CONTRACTOR will prior to ultimate removal from the marine environment, reach
agreement on which vessels will be removed for disposal and which will be removed to a
holding site for cost recovery through sale to an original owner or auction.
CONTRACTOR will provide supervision for project oversight efforts as required by FEMA
and the County in conjunction with. County staff and/or a monitoring firm employed by the
County.
18
• CONTRACTOR will be responsible for all project oversight where salvage plans have been
applied for and approved and necessary salvage criteria or constraints are imposed by
approving agencies.
CONTRACTOR will be responsible for the management of all project expenses and billing
documentation as will be required by FEMA and the County
Balance of Page Intentionally Left Blank
11M
10.14 401 F113M
DEBRIS,FEE SCHEDULE FOR
TRAPS, CANAL r OTHER MARINE DEBRIS
Cost per Trap Removed:
Shallow Water (0-2') Channels (2' plus)
$ 51.00 $ 44.00
1. All traps and trap parts collected will be brought in to Temporary Debris and Reduction
Sites (TDSRS) on land, utilizing fish houses where possible.
2. When possible, the Contractor will work with local commercial fisherman and other
capable and interested parties as sub -contractors for this project.
3. All trap debris will be disposed of at a certified, DEP permitted disposal site on the
mainland (e.g. Central Disposal located in Pompano Beach). Disposal costs will be a pass
through to the County, and reflect the actual cost of disposal at that designated disposal site.
4. Partial traps will be billed as 1/2 trap and at 1/2 the cost noted above. Counts of complete
or partial traps will be determined by monitoring, as indicated in Exhibit A of the
Agreement.
1•r
Costs for Canal Debris Assessment
Costs for Canal Debris Removal:
Manmade debris removal from canals
Vegetative debris removal from canal
r' i ir• l•r
$ 12.00 per linear foot assessed
$ 20.00 per ton removed/disposed of
$ 18.50 per ton removed/disposed of
Cost of boat/vessel and marine debris removal:
Boats/Vessels retrieved from the land by means of various equipment. No use of water
borne equipment.
$ 150.00 per linear foot of vessel
20
Open Boats and Skiffs up to 18 feet in length retrieved from the water by means of various
equipment including barges, cranes, boats, etc.
Non Salvageable: $ 35.00 per linear foot of vessel
Other Boats/Vessel up to 35 feet in length retrieved from the water by means of various
equipment including barges, cranes, boats, etc.
Salvageable: $ 150.00 per linear foot of vessel
Non Salvageable: $ 225.00 per linear foot of vessel
Other Boats/Vessel in excess of 35 feet in length retrieved from the water by means of
various equipment including barges, cranes, beats, etc.
Salvageable: $ 250.00 per linear foot of vessel
Non Salvageable: $ 225.00 per linear foot of vessel
Houseboats, floating structures and larger vessels that may create some difficulty in removal
due to location (edge of islands or in the mangroves, hard aground etc.) retrieved from the
water by means of various equipment including barges, cranes, boats, etc.
Salvageable: $ 400.00 per linear foot of vessel
Non Salvageable: $ 225.00 per linear foot of vessel
Per day fees for storage/dockage for salvaged boats/vessels.
$ 40.00 per unit/daily
Respondent responsible for providing storage/dockage site.
Water based marine debris found outside of canals including nearshore collection and
transport to offloading site:
$ 50.00 per cubic yard collected
1. The removal of vessels of special consideration may require unexpected additional effort
and further negotiation may be allowed on a case by case basis.
2. ,Substantially intact vessels (Greater than 80%) are considered to be vessels for the
purposes of this fee schedule and will be billed by the linear foot.
Nate, in all cases traps, vessels, and other marine debris:
• Load and haul to TDSRS, any necessary separation and reduction cost, and haul out
to final resting place of trap line, floats, and funnels must be considered in any price
quote provided.
® Tipping fees from final disposal of all canal/waterway debris brought to land will be
a pass through cost to be determined upon designation of final disposal facilities.
21
L
CERTIFICATE LIABILITY DATE {MWDDNYYY)
11/2612014
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPONTHE,CERTIFICATE HOLDER,THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTERTHE COVERAGE AFFORDED BYTHE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEENTHE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, ANDTHE CERTIFICATE HOLDER,
IMPORTANT, If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s),
PRODUCER
MCGRIFF, SEIBELS & WILLIAMS OFTEXAS, INC.
5080 Spectrum Dn, Suite 900E
Addison, TX 75001
CONTACT
NAMEt
PHONE FAX
. (469) 232-2100 A/C No:
E MAIL
'... ADDRESS:
INSURERS AFFORDING COVERAGE
NAIC #
INSURERA:Starr Surplus Lines Insurance Company
13604
_..
INSURED
DRC Emergency Services, LLC
740 Museum Drive
_INSURER B:Starr IndemnRt & Liabill!y Company
INSURER o:Federal Insurence Com an
38318_-.
20281
INSURER D
Mobile, AL 36608.1940
INSURER E :
INSURER F :
r'nV9PAr.FS CERTIFICATE NUMEIER.UMLGM3VG REVISION. NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FORTHE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,
LTA
_ TYPE OF INSURANCE
BR
___-__ POLICY NUMBER
POLICY EFF
MMPDD
PMJD2 XP
MM1DD
LIMITS
A
GENERAL LIAWLMY
SLSLEIL72029414
0113112014
01/3112015
EACH OCCURRENCE
$ 1,00%000
PREMISES Ee occurrence
S 50,000
X COMMERCIAL GENERAL LIABILITY
CLAIMS -MADE I • • I OCCUR
MED EXP (Any one person)
PERSONAL & ADV INJURY I
S 1,000,000 '..
X
Proressional Liability$1.000,000
GENERAL AGGREGATE
g 2,000,000
G€N'LAGGREGATE LIMIT APPLIES PER:
PRODUCTS -COMPIOPAGO
$ 2,000,000
$
POLICY X PRO LOC
B
AUTOMOBILE LIABILITY
SISIPQAO8266214
01131/2014
0113112015
BW o IN LE LIMIT
Ea acddem
1,000,000
BODILY INJURY(Perpomon)
$
ANY AUTO
ALLOWNED SCHEDULED
AUTOS 0 OWNED
AUTOS NAUTOS
Ix
X
BODILY INJURY(Paraecldenl)
$
PRCsPERTYOAMA EHIRED
Peracrddent
$
A
UMBRELLA LIAB
X
OCCUR
SL$LXNV73021814
Follow Farm
01/3112014
01131/2015
EACH OCCURRENCE
5 15,000,000
X
EXCES$ LAB
CLAIMS -MADE
X
AGGREGATE
$ 15,000,000
L1ED
RETENTION $
S
-
_
C
WORKERS COMPENSATION
AND EMPLOYERS LIARI LITY YIN
ANY PROPRIETORIPARTNEPJEXECUTIVE
0044727472
Includes USH&L
01131/2014
01/3112015
X WCS LIMITS
E.L. EACH ACCIDENT
-, ...,...,....
$ 1,000,000
OFFICER1MEMaER EXCLUDED? 0
(MandatorylnNH}
NIA
E.L. DISEASE - EAEMPLOYEE$
1,000,000
E.L. DISEASE • POLICY LIMIT
$ 1,000,000
Ilyes, dostxitae under
DESCRIPTION OF OPERATIONS below
A
Contractors Pollution
SLSLEIL72029414
01131/2014
01131/2015
Each Occurrence
PolicyAggregale
Deductible Each Loss
1,000,000
1,000,000
$ 20,000
S
E
DESCRIPTION OF OPERATIONS I LOCATIONS l VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required)
Re: Disaster Response and Recovery Services for Marine Debris and vessel Removal, Monroe County, Florida,
The Certificate Holder is included as Additional Insured (except on Workers Compensation) as required by written contract,
Monroe County SOCC
The Gato Building
1100 Simonton Street, Room 2-213
Key West, FL 33040
CANCELLATION
SHOULD ANY OFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATETHEREOF, NOTICEIIWILL BE DELIVERED IN
ACCORDANCEWITHTHE POLICY PROVISIONS,
AUTHORIZED REPRESENTATIVE
-. ACORD 25 (2010105)
Page 1 of 1 Q 1988-2010 ACORD CORPORATION, All rights reserved,
The ACORD name and logo are registered marks of ACORD
Us r
TABLE OF CONTENTS
Introduction..................................................................................... 2
ExecutiveSummary........................................................................
3
Overview...........................................................................................
5
Locationand Population...................................................................................................................
5
Economy..............................................................................................................................................
5
LandUse..............................................................................................................................................
6
Governance.........................................................................................................................................
6
FiscalStatus.........................................................................................................................................
6
Parks and Conservation Programs ................................................
7
LocalPrograms ........ ........................................................ --...............................................................
7
State Conservation Programs / Florida Forever...........................................................................
8
Choosing a Local Funding Strategy ..............................................
9
Local Public Finance in Florida......................................................................................................10
GeneralObligation Bonds..............................................................................................................10
PropertyTax......................................................................................................................................12
InfrastructureSales Tax., .......................................................................
.............. ............ ............. 14
SpecialDistricts.................................................................................................................................16
ElectionHistory.-, ............ ............... I-- .... - ..........................
I .............. ............................ ............. 19
Conclusion......................................................................................19
Appendices..................................................................................... 20
c1! _uaG... �i�...r�, t .,
INTRODUCTION
The Trust for Public Land (TPL) is a national nonprofit land conservation organization working to
protect land for human enjoyment and well-being by conserving land for parks, greenways, recreation
areas, watersheds and wilderness. TPL has helped protect nearly 4,300 properties, totaling more than
three million acres in 47 states. In Florida, the Trust for Public Land has protected more than 160,000
acres of waterfront, greenways, archaeological sites, and iconic "Old Florida" attractions, such as the
Key West Custom House in Monroe County.
To help public agencies or land trusts acquire land, the Trust for Public Land's Conservation Finance
program assists communities in identifying and securing public financing. TPL offers technical
assistance to elected officials, public agencies and community groups to design, pass and implement
public funding measures that reflect popular priorities. Helping communities secure dedicated
conservation funding is often the tipping point that leads to deeper ecological responsibility, including
more prudent land use, better managed growth, and increased protection of natural landscapes. To
stimulate engagement across jurisdictions and constituencies, TPL has historically found effective
partnerships among a broad spectrum of players from the environmental left to the fiscally
conservative right and recognizes the importance of exploring new tools, such as economic benefits
research, that can encourage and strengthen the willpower of voters to seek dedicated conservation
funds. This focused, up -front investment pays dividends over the long-term by securing voter -
supported funding that is dedicated to conservation.
Since 1996, TPL has been involved in nearly 500 successful ballot measures and twenty successful
legislative campaigns that have created more than $47 billion in new funding for land conservation.
Voters have approved 81 percent of the ballot measures supported by TPL.
The study presents several viable local public options for funding land conservation in Monroe County
and provides analysis of which local options and funding levels are legally available, economically
prudent, and likely to be publicly acceptable.' This research provides a fact -based reference document
that can be used to evaluate many available financing mechanisms from an objective vantage point.
The report does not directly address funding for related and important purposes such as restoration,
species management, and stewardship.
The c(ntcnts of this report arc based on the best at adable information at the time of research and drafting, October 2014.
t.C. .,, C.?iE >4r.. �2.1 ,. i�f �, r.'�d.. ., .iiv.: 1i.. 'v .1,. -_Y'20 .,
EZECUTINTE SUMMARY
At the request of the Monroe County Board of Commissioners, the Trust for Public Land has
undertaken a feasibility analysis to explore public funding options available to the county to fund the
acquisition and development of land as parks, recreation facilities and open space. In a separate study,
the Trust for Public Land will work with the county to identify priority lands for protection.
At the heart of the most successful conservation funding programs is a substantial, long-term,
dedicated source of local revenue. With a reliable source of funds, local governments can establish
meaningful conservation priorities that protect the most valuable resources, are geographically
distributed, and otherwise meet important goals and values. Local and state governments with
significant funds are much better positioned to secure and leverage funding from federal government
agencies and attract other local and state government or private philanthropic partners.
Nationwide, a range of public financing options has been utilized to fund parks and open space
preservation. These include general obligation bonds, the local sales tax, the property tax, and less
frequently used mechanisms such as special assessment districts, real estate transfer taxes, impact fees,
and income taxes. Communities in Florida have traditionally been able to rely on a mix of funding due
to the availability of state funding and local conservation funding measures. Local government funding
options for land conservation have primarily taken the form of general obligation bonds backed by
property taxes or the infrastructure sales tax. In Monroe County, funding for parks and open space
conservation currently comes from a variety of revenue sources including general county ad valorem
taxes, the tourist impact tax, the infrastructure sales tax, and impact fees.
Given the substantial investment of time and resources required for a successful conservation finance
measure campaign, preliminary research is essential to determine the feasibility of such an effort. This
report provides a brief examination of the options for generating and dedicating local revenue for
conservation.2 In order to understand what would be an appropriate funding source or sources, this
report first reviews the county's background, including its fiscal status and governance. Next, the
report analyzes possible alternatives for funding a parks and recreation land acquisition and
management program, including their legal authority and revenue raising capacity. Finally, since most
revenue options require approval by voters, this report provides pertinent election information, such as
voter turnout history and election results for local finance measures. This study focuses on several
options that present the most -dable opportunities for financing in Monroe County, which are as
follows:
General Obligation Bonds. Monroe County has debt capacity to issue general obligation
bonds and levy property taxes to pay the debt service on the bonds. For example, a bond
issue for $15 million would add roughly $1 million to the county's annual debt service and
cost the typical homeowner an average of $22 per year in additional property taxes for
twenty years.
7 The contents of the report an. based on the best available information at the tune of research and drafting (Fall 2ol4), with much of the
data compiled from lnternet msourecs and dtrcct eommurucauon w tth local, state and federal govcmment agLnciL s.
Property tax. The county could consider asking voters to approve a property tax dedicated
to park and open space purposes. For example, based on the county's total taxable value of
$21.5 billion estimated for FY 2015, a 0.05 mill increase would generate approximately $1
million annually for parks and conservation at a cost of roughly $21 a year to the average
homeowner.
Sales and use tax. The county currently levies all of the relevant local option sales taxes,
however it may dedicate more of the current revenue to issue revenue bonds for land
acquisition. A significant portion of existing debt backed by the county's infrastructure sales
tax will be retired in 2018, potentially freeing approximately $3.5 million for other purposes.
Monroe County also could consider the possibility of amending existing state statutes to
authorize counties to levy a surtax specifically to fund land conservation efforts, A new 0.5
percent tax could be expected to generate approximately $9 - $10 million annually for the
county (roughly $16 million total), at a cost of about $72 a year for the average household in
the county.
Special districts. The county could consider forming a special district that would levy ad
valorem taxes or special assessments within the unincorporated area. Existing special
districts, including the South Florida Water Management District, also could help with land
acquisition that benefits their respective goals.
Additional smaller local revenue sources could be utilized to support a county parks and conservation
program, such as donations, bequests, and philanthropic support, but these options have not been
examined in this report.
Next steps should include narrowing funding options to those that match the needs identified
by the Monroe County Planning and Environmental Resources Department and testing voter
attitudes toward a specific set of funding proposals. TPL recommends conducting a public
opinion survey that tests ballot language, tax tolerance, and program priorities of voters in Monroe
County.
OVERVIEW
Location and Population
Monroe County is the southernmost county in Florida and the United States. It is made up of two
regions, specifically a largely uninhabited portion of Everglades National Park and Big Cypress
National Preserve, and a 125-mile-long chain of islands known as the Florida Keys.
In total area, Monroe County is comprised of 3,737 square miles, mostly of water, 73 percent. Most
known are the Florida Keys with its string of islands connected by U.S. Highway 1, which ends in Key
West, 150 miles southwest of Miami. The bulk of the population lives in communities strung out along
the Keys, with one road and more than 60 bridges serving as the primary means for people to move
between population centers along the island chain. Key Monroe County Population
West is the largest of the islands in the chain with a natural Monroe
Co il tsPopte
deep water harbor. p `
Monroe County has a 2012 population of nearly 73,000 Islamorada, Village of Islands 6,193
802
residents. Approximately 61 ercent of the coun 's Key Colony Beach
p � Key West 24,58383
population lives in five incorporated areas: Key West, Layton 183
Marathon, Key Colony Beach, Layton and Islamorada. The Marathon 8,419
remainder of the population lives in unincorporated UNINCORPORATED _ 33,380
Monroe County. h`tt 6! _ bebr uia edu
The Florida Keys attract many seasonal residents. In 2010, the U.S. Census Bureau reported a total of
52,764 housing units across the Florida Keys. Approximately 62 percent of those housing units
(32,629) were occupied. Seasonal housing units (15,037) represent approximately 28 percent of all
housing units in the Florida Keys. In addition, approximately 1,600 active duty personnel representing
all branches of the armed services and 2,500 of their dependents call Key West home. By 2025 the
permanent population of the county is expected to grow to more than 76,000 while the seasonal
resident population is projected to number 84,500.
Economy
The southern tip of Florida and the Florida Keys contains one of the country's most diverse
assemblages of terrestrial, estuarine, and marine flora and fauna. The region includes vast freshwater
wetlands of the Florida Everglades and Big Cypress, transitional areas where the waters of the
Everglades discharge into the estuarine environment of Florida Bay, one of the world's largest coral
reef tracts (the only one in the continental United States), the largest contiguous seagrass community in
the world, and the subtropical habitats of the island chain. The environmental setting of the Keys is
exceptional and unique, making the region a major travel destination.
The Monroe County Tourist Development Council indicates that roughly 3.8 million persons visit the
Florida Keys on an annual basis primarily during winter months. Visitors contributed approximately
Information for this sccnon etas largelt excerpted fn)m count% department xvLbpages and documents during; October 2014. Sourct% include
_ .._.._. -4— "al:�
si
m} € �, i( I n i,,��, 7 i, t`_ ; Ind E2t�h_1'3
$2.23 billion to the local economy (about 60 percent of total local economy) and approximately $970
million to local income (about 44 percent of total local income) during the December 2007-November
2008 visitor year'. In addition, the tourism industry accounted for approximately 55 percent of the
total work force in the county (32,107 of 57,928 jobs). Tourism is the largest industry in the Florida
Keys and the largest employer in Monroe County.
Land Use
There are over 4 million acres of publicly -owned (Federal) conservation and recreation lands and
waters provided in the county. The mainland portion of the county accounts for 1.62 million acres of
this total. Residential uses comprise the neat highest land use activity. The county is predominantly a
residential area, with a great deal of focus on a single-family home environment. Its location has
attracted residential development not only for permanent, but also for seasonal residents.
The Keys have long been recognized as strategically significant by the U.S. military forces, and military
operations still play an important role in the economy of the Keys. Military lands account for 4,025
acres, or approximately 5.5 percent of the unincorporated Keys. Military lands in the unincorporated
areas of the County are entirely located in the Lower Keys, including the Boca Chica Naval Air Station
on Boca Chica,Rockland and Geiger Keys; and additional facilities on Saddlebunch Key and Cudjoe
Key.Fleming Key and Dredgers Keys in the City of Key West make up an additional 536 acres of
military land.
Governance
Monroe County is a non -chartered county. The Board
of County Commissioners (BOCC), which performs
the legislative and executive functions of the county
government, consists of five members elected at large
by the citizens in the general election in November in
the even years. Each commissioner represents one of
five county districts and is elected for a term of four
years.
Board of County Commissioners
Name District Term
Upires
Danny Kolhage
Mayor 1st
2016
George Neugent
2nd
2018
Heather Carruthers
Nbyo PrTem
2016
3
David Rice
4th
2018
Sylvia Murphy
5th
2016
County Mayor is the title given the chairperson of the Board of Commissioners. The Mayor and Mayor
Pro Tern are elected by the board. As chairperson, the Mayor presides over board meetings and serves
as representative of the county on ceremonial occasions.
Fiscal Status
The 2015 Proposed Budget for Monroe County is $441.7 million. This represents a $25 million
increase over the 2014 Adopted Budget. The main reason for tlis increase is the construction of the
Cudjoe Regional wastewater project. This project will be primarily funded by Clean Water State
Revolving Loan Funds in 2015.
Represents the most current data aiailablc.
Monroe County's budget is composed of a variety of revenue sources. Major revenue sources for the
County are: Property Taxes, Half -Cent Sales Tax, State Revenue Sharing, Tourist Impact Tax, Motor
Fuel Taxes and Infrastructure Sales Tax. Ad valorem taxes (property taxes) represent the single largest
revenue source, directly used for the operation and services for the County and budgeted in the
County's General Fund, Fine and Forfeiture Fund„ Fire and Ambulance Fund, Parks and Beaches
Fund, and Road Patrol Law Enforcement Fund.
Under state statutes, a portion of the state sales tax revenue is distributed to each county. Monroe
County receives a monthly revenue receipts based on allocation factors, such as population (total
county and unincorporated areas) and funds earmarked to be distributed within the county. This
revenue is split between the General Fund and the General Purpose Municipal Service Taxing Unit
(MSTU). The MSTU is discussed further in the Property Tax section of this study. The charts below
illustrate the county's major revenue and expenditure funds
Where the Money Comes From (Sources)
FY2015 - All Funds
Ad Valorem
Tires
18%
Local Optior;
Use & Riel
Taxes
h . 12!
et Fees
la
ni Ind,
Rev7Grards,
P1LT, S hared
IrderSrrd Fines & Taxes
Traroren Mucellamous Forinhaes 4%
2A W. 0%
Source: Monroe County Proposed FY 2015 Budget, p. B-2.
Where the Money Goes (Uses)
FY2015. AllFunds
ArbhcSafety
W11 -,
ContRelated
Experdrtures
1%
Physical
Envimmmerd
25`l
L Tramportation
OtlterUses Recmahon
3% 3%
PARKS AND CONSERVATION PROGRAMS
Local Programs
Monroe County Public Works Management is responsible for guiding, directing and managing public
works and facilities, which consists of Facilities Maintenance (including Detention Facilities, Higgs
Beach and Unincorporated Parks and Beaches), Fleet Management, Roads and Bridges„ Card Sound
Toll Authority, Solid Waste Management and Animal Control This department is funded by Ad
Valorem taxes and other General Revenue Funds. Unincorporated Parks and Beaches maintains over
100 acres of parks and beaches, including playgrounds, tennis courts, basketball courts, and skate parks
from Stock Island to Key Largo. The Department is funded in part by Tourist Development Taxes but
it also includes a portion of Ad Valorem taxes.
Relevant Line Items from the FY 2015 Budget Summary
Fund Description Budget
Unincorporated Service District Parks & Rec $2,293,358
One -Cent Infrastructure Sales Tax Parks & Rec Capital Projects $5,517,881
Impact Fees Fund - Parks & Rec $396,801
Land .luthorit�
The Monroe County Comprehensive Plan Land Authority was established to acquire property in the
county for conservation, recreation, and affordable housing. It is a legally separate entity from the
county but is governed by the County Board of Commissioners. A five -member advisory committee,
appointed by the BOCC, provides recommendations regarding land acquisitions. The Land Authority
is largely funded by a surcharge on admissions and overnight occupancy at state parks in the
unincorporated county and by a half -cent of the tourist impact tax charged on lodging in the Keys.
The tourist impact tax was approved by voters in 1988.
The FY 2015 budget for the Land Authority is just over $18 million. The vast majority of budget
appropriations are for property acquisitions and reserves. The largest appropriation is for property in
the Key West Area of Critical State Concern ($9.6 million), followed by the Rate of Growth Ordinance
(ROGO) Reserves ($4.8 million), and property in the Florida Keys Area of Critical State Concern ($2.3
million).
State Conservation Programs / Florida Forei-er
Florida Forever is the umbrella program under which specific grant -making programs are organized
and funded, including the Florida Communities Trust, Florida Greenways and Trails, and the Florida
Recreation Development Assistance Program. Until recently, Florida had an annual budget exceeding
$300 million for land acquisition. This land acquisition budget exceeded that of any other state or even
the federal government in the 1990s.1 The state's land acquisition program, once known as
Preservation 2000 or P-2000, purchased over 2.5 million acres in Florida. Florida Forever replaced P-
2000 ten years ago, and remained funded at over $300 million annually for quite some time. Although
it is unfunded at present, the Florida Forever Program is scheduled to continue to the year 2020.
A Constitutional Amendment (Amendment 1) to restore conservation funding was approved
overwhelmingly by Florida voters at the November 2014 election. Amendment 1 will dedicate funding
to conserve and restore Florida's waterways and natural areas using existing state revenues generated
by real estate transactions. Fees on real estate transactions, known as "doc stamps," have been
7'hc Ratc of Growth Ordinance or WXA is a lututatton on development in the Keys State lavv dictate, that the Kct's can only build to a
level in which the chain of islands can be cvaeutcd 24 hours prior to a hurricane malting landfall The Land Authonr% expects to purchase
properGe, for which development Is hrrutcd or precluded by this ordinance.
` James .l Itarr and O. Greg Brock, "Flonda's Landmark Programs for Consenatton and Recreation land Acquisition," Sailean, Vol. 14,
av adablc at h _ %ti 4a ti;_ i �� 9.i L: 1. t y i ill eta h i_ri
rN.r.. fo' ,o, '4'f� �.�,+tad,.. r=L'.,�r r:F,NC E F As'. ,,. I,Ir, ..Ya:rr?Ie-";
allocated to water and land conservation since 1968. However, since 2009, these fees have been
diverted to the state's general revenues resulting in significant cuts to funding for water and land
conservation projects. Amendment 1 provides $10 billion over the twenty-year life of the measure, by
dedicating 33 percent of net revenues from the existing excise tax on documents for 20 years.
With the commitment of state funds to Florida Forever, Monroe County will be better positioned to
garner grants from the conservation programs if it has a reliable source of matching funds, as well as a
set of defined conservation acquisition priorities.
CHOOSING A LOCAL FUNDING STRATEGY
Generally, there are three broad -based types of revenue sources available to local governments to pay
for parks and land conservation: discretionary annual spending (i.e. budget appropriation), creation of
dedicated funding streams such as voter -approved special taxes, and the issuance of bonds. The
financing options utilized by a community will depend on a variety of factors such as taxing capacity,
budgetary resources, voter preferences, and political will. While most local governments can create
funding for park and recreation through their budgetary process, this either happens infrequently or
does not yield adequate funding.
In the Trust for Public Land's experience, local governments that create funding -via the budget
process provide substantially less funding than those that create funding through ballot measures. As
elected officials go through the process of making critical budgetary decisions, funding for land
conservation often lags behind other public purposes and well behind what voters would support. It is
often quite difficult to raise taxes without an indisputable public mandate for the intended purpose.
The power of conservation finance ballot measures is they provide a tangible means to implement a
local government's vision. With their own funding, local governments are better positioned to secure
scarce funding from state or federal governments or private philanthropic partners. Having a
predictable funding source empowers the city, county, or special district to establish long-term
conservation priorities that protect the most valuable resources, are geographically distributed, and
otherwise meet important community goals and values.
Nationwide, a range of public financing options has been utilized by local jurisdictions to fund parks
and open space, including general obligation bonds, the local sales tax, and the property tax. Less
frequently used mechanisms have included real estate transfer taxes, impact fees, and income taxes.
The ability of local governments and special districts to establish dedicated funding sources depends
upon state enabling authority.
Conservation finance measures are not right for every local government or they might not be the best
approach at the moment. Budget appropriations and other revenue mechanisms that can be
implemented by the local government, such as developer incentives, may provide short-term funding
options while parks and conservation proponents develop a strategy and cultivate broad support for
longer -term financing options.
Local Public Finance in Florida
The State of Florida authorizes local communities to use various revenue sources for parks and
recreation purposes including property taxes, sales and use taxes, general obligation bonds, and the
creation of special districts. Each of these funding mechanisms requires approval by the electorate and
in various communities in the state, they have enjoyed widespread support.
Voters approved 82 percent of local conservation finance measures (82 of 100) on the ballot in Florida
between 1990 and 2013. General obligation bonds are the most popular public finance mechanism in
Florida for parks and open space. Nearly two-thirds of the local ballot measures for conservation
purposes have sought voter approval for the
issuance of bonds. Local Conservation Finance Mechanisms in Florida
The table to the right illustrates the number
and t ,pe of conservation finance measures
that have gone before voters over the past
15 years. The following pages present a
range of public funding mechanisms that
could be used for land acquisition in
Monroe County
General Obligation Bonds
Summary of local ballot measures from 1988 - 2013
Mechanism Passed Failed Total Passed
Bond 59 6 65 91%
Sales Tax 12 9 21 57%
Property Tax 1 11 1 3 1 14 1 79%
Total 1 82 18 1 100 1 82%
Source: TPL LandVote Database
Florida counties and municipalities are authorized to issue debt for capital improvement purposes
including parks and open space in the form of general obligation bonds. The state statutes do not place
specific limits on the amount of debt that can be incurred by a community, but do limit the duration of
the bonds to a period not exceeding 40 years. When bonds have been issued, the governing body must
levy annually a tax upon taxable property in the jurisdiction sufficient to pay the debt service and
interest on the.. bonds.?
As of September 30, 2013, Monroe County had long-term debt in the amount of $81 million. This
debt mainly comprises revenue bonds and notes secured by pledges of revenues. Revenue secured debt
for governmental activities was $35 million. Monroe County has no general obligation bonds
outstanding.s Monroe County bonds have historically been rated "Aaa" and "AAA" from Moody's
Investor Service and Standard & Poor's Corporation, respectively. More recently, the Fitch Rating
agency of New York affirmed Monroe County's rating as "AA-". These ratings indicate strong credit
and low risk.9
Issuing Bonds for, Patl s and Open Spacc
The table on the following page illustrates the debt service and millage required for bond amounts that
could potentially be issued for parks and open space in Monroe County. For instance, a bond issue for
$15 million would add roughly $1 million to the county's annual debt service and cost the typical
homeowner an average of $22 per year in additional property taxes.
' Chapters 100 and 131), and Section 200 181, 1l°n,h Stabdea
Dlonroc Counr% 2013 C V,R at P. c-11
Monroe Count' I-1 2015 Proposed Annual Budget, p. W-2.
,':
TPL's bond cost calculations provide a basic Bond Financing Costs for Monroe County
estimate of debt service, tax increase, and cost
20-year Bond Issues at 4 0%Interest Rate
to the average homeowner in the community Assessed value = $21 5 billion
of potential bond issuances for parks and Annual Mill Levy Cost/ Year/
land conservation. Assumptions include the Bond Issue Size Debt Svice Increase Avg. SFR
following. the entire debt amount is issued in $5,000,000 $367,909 0.017 $7
the first year and payments are equal until $10,000,000 $735,818 0.6 $14
maturity; 20-year maturity; and 4 percent $15,000,000 $1,103,7260 051 $22
$20,000,000 $1,471,635 0.068 $29
interest rate. The property tax estimates $30, 000.000 _ $2,207 453 0 102 $43
assume that the jurisdiction would raise Sources Total county taxable value Monroe Cnty Growth Mgt GIS
property taxes to pay the debt service on Avg single /amily residential tax value ($423,481), Florida DOR, Ju1y2014.
bonds, however other revenue streams may be used. The cost per household represents the average
annual impact of increased property taxes levied to pay the debt service. The estimates do not take into
account growth in the tax base due to new construction and annexation over the life of the bonds. The
jurisdiction's officials, financial advisors, bond counsel and underwriters would establish the actual
terms of any bond.
I ,nactincnt procedure,
The Board of County Commission must call a referendum election prior to the issuance of bonds),,
There must be at least 30 days notice published in the local newspaper of general circulation.I I Bond
elections may be held concurrently with any general or primary election.12 Bonds must be approved by
a majority of voters in the county. If any bond order fails at referendum, then no other referendum for
the approval of bonds for the same purpose may be called for at least six months.
General elections are held on the first Tuesday after the first Monday in November of each even
numbered year.13 Special elections may also be called after the supervisor of elections consents.14 In
any special election or referendum not otherwise provided for there shall be at least 30 days' notice of
the election or referendum by publication in a newspaper of general circulation in the county. The
publication shall be made at least twice, once m the fifth week and once in the third week prior to the
week in which the election or referendum is to be held.
Ballot Language
The ballot for bond referenda must be printed on plain white paper with a description of the bonds to
be voted on as prescribed by the local government calling the vote. A separate statement of each issue
of bonds to be approved, giving the amount of the bonds and the interest rates, and "other
information necessary to inform the voters," must also be on the ballot. The body of the measure must
not exceed 75 words in length. The ballot title shall consist of a caption, not exceeding 15 words in
length, by which the measure is commonly referred to or spoken of.13 This information must be
followed by the choices: "For Bonds" and "Against Bonds."1£'
°i 14.S § 100 201.
" 1' S § 100342,
P.S § 100.361
13 F.5 § 100.031-
14 RS § 100.151.
F.S. § 1011.1161
" F.S. § 100341
Property~ Tax
Ad valorem taxes, commonly referred to as property taxes, are the single most important revenue
source for local governments in Florida, funding schools and locally provided government services.
Property taxes account for approximately 38 percent of local government funding. Property taxes are
levied by counties, municipalities, schools, and various special taxing authorities such as water
management and fire districts.
The "general millage" is set by the governing body of the local taxing authority. Cities, counties, and
school districts are subject to a constitutional limit of 10 mills each for operating purposes. Exceptions
include "debt service millage" and a "voted millage" not to exceed a period of two years. In addition,
the maximum tax levy allowed by a majority vote of the governing body is based on the rate of growth
in per capita personal income in Florida. Ad valorem taxes may be increased at a greater rate only with
a super majority or unanimous vote of the local government governing body or a vote of the
electorate.17
Counties providing municipal services may also levy up to an additional ten mills above the ten mill
county limitation within those areas receiving municipal -type services (known as Municipal Service
Taxing Units or MSTU). Subject to the consent by ordinance of the governing body of the affected
municipality, an MSTU may include all or a part of the boundaries of a municipality. Under the general
constitutional millage limits of 10 mills for municipal purposes, the millage levied by MSTUs and the
municipality may not exceed in the aggregate 10 mills.
The Property Tax in Monroe Comm -
The 2015 proposed millage for countywide services is 3.1037 mills. The aggregate countywide levy is
3.9005. The county levies 0.1753 mills for municipal services provided in the unincorporated area. In
addition, municipalities and special districts within the county levy their own millages on property.18
The average aggregate millage rate for Florida counties for FY 2014-15 was 7.9797.11
Using the Propert} Tax for Parks and Open Spacc
Monroe County's tax rate is below the
Constitutional limit of 10 mills, so, with
regard to that limit, the county has room to
utilize property taxes to fund open space
purchases. The table to the right illustrates
the revenue and cost of various millage
amounts. For instance, based on the county's
total taxable value of $21.5 billion estimated
for FY 2015, an additional 0.05 mill increase
would generate approximately $1 million
annually for parks and conservation at a cost
Estimated Revenue & Costs of Property Tax Increase
Monroe County
Mill Levy Total County Annual
CosVAvg.
Increase Taxable Valuation Revenue
SFR
0.03 $21,537,819,555 $646,135
$13
005 $21,537,819,555 $1,076,891
$21
008 $21,537,819,555 $1,723.026
$34
010 $21, 537 819,555 $2,153782
$42
015 $21.537 819,555 $3.230,673
$64
Sources Monroe County Growth Mgt GIS, Flonda DOR
Avg single family residential (SFR) taxable value ($423.481), as of July 2014
" 14 5, S 200.065j5,1 and 200 185
" Monroe County FN 2015 Proposed Annual Budget, p. B•54.
"' http.//)fl-cc)unties.com/docs/dLfault source/RLSCarch/fy 201415- property -tag;-report/summiry° data.pdFsfirsn_-2
MO,er,u`-E ,.0ar'dT'd ��st;3��. �.r,A�ti�,1{�.,PG� i(x.'�`,t�?,�. C�,.?,r,.i.lr�'r-,�ar.Iv.Y':J?Y9,.1.'tiR'v20.1".:8
of roughly $21 a year to the average homeowner. Alternatively, Monroe County could impose a voted
millage not to exceed a period of two years. A voted millage is not subject to the 10 mill cap.
The County Unincorporated Service
District is an MSTU which also has the
capacity to levy up to 10 mills in the
unincorporated area of the county. The
table to the right illustrates the revenue
and cost of various millage amounts. For
instance, based on the total taxable value
of property in the county unincorporated
area of $10 billion, an additional 0.05 mill
increase would generate approximately
Estimated Revenue & Costs of Property Tax Increase
Monroe County Unicorporated (MSTU)
Mill Levy Total County Annual
CosVAvg.
Increase Taxable Valuation Revenue
SFR
003 $10070,462,038 $302.114
$13
005 $10,070.462,038 $501523
$21
008 $10,070,462038 $805,637
$34
010 $10,070,462038 $1,007,046
$42
015 $10,070,462,038 $1,510,569
$64
Sources Monroe County Growth Mgt GIS, Florida DOR
Avg single family residential (SFR) taxable value ($423,481), as
of July 2014
$500,000 at a cost of roughly $21 per year to the average homeowner.
FInactinent Procedures
County financial staff and advisors would need to determine the requirements for approval of any
proposed increase/override in the general millage based on the recent property tax reforms. Such a
change could require either a supermajority vote of the Board of County Commissions and/or a public
referendum. An increase in the general millage does not represent a permanent dedication of funds for
parks and open space purposes. The millage may be used for other purposes as determined by the
commissioners.
A voted levy (2-year levy) must be approved by majority vote of the qualified electors in the county or
district voting in an election called for that purpose. Such an election may be called by the governing
body of any such county or district on its own motion or by a citizen petition. The petition must
specify the amount of millage sought to be levied and the purpose for which the proceeds will be
expended and contain the signatures of at least 10 percent of the persons qualified to vote in such
election.-',
Miami -Dade County Environmentally Endangered Land (EEL) Program
The Miami -Dade County Environmentally Endangered Lands Program could serve as a model for a
two-year levy for parks and recreation in Monroe County. In 1990, Miami -Dade voters approved an
ad valorem tax of 0.075 mills for a two-year period from 1990 to 1992 to fund the acquisition,
protection and maintenance of environmentally endangered lands. A total of $90 million was raised for
land acquisition. The county established an Environmentally Endangered Land program to administer
the funds and set aside $10 million of the $90 million to pay for site management. Each year, the
interest from this $10 million is used to secure, restore, and care for the sites acquired by the EEL
program. Voters approved another $40 million in 2004 through the Building Better Communities
Bonds,
The EEL Program and its partners have brought more than 18,350 acres of environmentally
endangered lands into public ownership since 1990. Additionally, the EEL Program manages nearly
3,000 acres of natural lands within Miami -Dade County Parks, for a total of more than 23,500 acres
P.S 200,091
,.as ,� y ,t ,. aY
protected. The purchase and conservation of these lands ensure that they are shielded from
development and will continue to thrive as natural habitats.
Infrastructure Sales Tax
Local governments are authorized to levy several types of local option sales surtaxes subject to
eligibility requirements, rate limits, and certain authorized purposes. State statutes entitled "Local
Government Infrastructure Surtax," allow any county to impose a sales surtax of 0.5 percent or 1.0
percent in order to "finance, plan and construct infrastructure and to acquire land for public recreation
or conservation of natural resources." When a county levies the local infrastructure surtax together
,vith certain other surtaxes, the combined maximum surtax that can be levied for all purposes cannot
exceed 1 percent.
Proceeds of the infrastructure sales tax must be spent on capital expenditures and may not be used for
operational expenses.21 Counties designated as areas of critical state concern, including Monroe
County, may use up to 10 percent of the tax revenues for any public purpose.''—' Counties may pledge
proceeds for the purpose of servicing bonds.''-' The duration of the sales tax can be for any period of
time specified by the final referendum measure. If the measure is adopted, the county and each
municipality receive a portion of the proceeds based on an interlocal agreement or according to a
formula provided by the state (based on the unincorporated population and the incorporated
populations of each municipality).24
Monroe County currently imposes the full one -cent Local Government Infrastructure Sales Tax for
physical environment, general government, public safety, and parks and recreation capital
improvements. In 2012 county voters extended the surtax expiration from 2018 to 2033 Xvith 68
percent in favor. The tax is projected to generate approximately $18 - $20 million per year. The county
regularly bonds against the Infrastructure Sales Tax revenue. One of the existing bond packages, issued
in 2007, is due to be retired in 2018 freeing up annual debt service of approximately $3.5 million to be
used for other purposes.
Infrastructure Sales Tax revenues can be used to finance, plan, and construct infrastructure and to
acquire land for public recreation or conservation or
protection of natural resources. Generally, revenues are
allocated during the county's annual budgeting process
to projects identified in the 5-year capital plan. The
county would likely issue revenue bonds for projects
costing more than $10 million.25
Revenue Bond Financing Costs
Interest Years to Annual
Bond Issue Rate Maturity Debt Soce
$5,000,000',
5.0%
10
$647,523
$10,000,000i
$15,000— - -
5.0%
y5.0% _.rt
10
.A.M 10
$1,295,046
$1,942,569
$20,000,000
5.0%
10
$2,590,091
$25,000,000
5.0%
10
$3,237,614
=l F.S. § 212.055 Florida Attorney General Advisor' legal Opinion AGO 94-79, further clarifies that the term 'infrastructure" could not
appear to include such items as fencing, swings, lumber for bleachers and lighting &N ures; nor materials for landscape design and free and
shrubbery planting. I IOWL%er, land improvement or design expenses that may arise in conjunction with a fixed capital expenditure ur fixed
capital outlay asociated with the construction, reconstruction or unprovement of public faeditics or expenditure for such things as materials
for landscape design may be purchased with the prucecds of the surtax.
= F.S § 212 055(2) (01. Those counties designated as an area of critical state concern vN hteh qualify to use the surtax for any public purpose
may use only up to 10 percent of the surtax proceeds for any public purpose other than for infrastructure purposes authorized by this section
` F.S § 212.055.
PS.§.218.62
Personal communication with hcv6n Nladok, Sr. Director Of Strategic Planning, Januan 20, 2015.
„'UN ... FsNA.Nt., E f-S.E.. �,,... e..-;VW,l,.<Y.2(, ....,
Wchtional Sales'Tax :1uthontl°
Monroe County may also consider the possibility of amending existing statutes to add a surtax
specifically to fund land conservation efforts. A new 0.5 percent tax could be expected to generate
approximately $9 -$10 million annually for the county (roughly $16 million total), at a cost of about
$72 a year for the average household in the county.
Estimated Revenue and Cost of Infrastructure Sales Tax
Sales Annual Household Spending on Annual Cost/
Tax Revenue* Taxable Goods— Household
1.0% $31,984,658 $14,352
$144
0.5% $15,992,329 $14,352
$72
Sales Annual Total Revenue Attributed
%of Revenue
Tax Revenue* to Resident Spending***
Generated by Residents
1.0% $31,984,658 $8,449,740
26%
0.5% $15,992,329 $4,224,870
26%
Monroe County Budget Director, 2/3/15
Est, avg household spending on taxable items = 25% of median household income ($57, 408)
Average household spending multiplied by est. # of households in the county (58, 875).
Source: http://quickfacts.census. govlgfd/statesl42/42089,html
In 2009, existing statutes were amended to add the option
for a Fire and Rescue surtax. Some information is
available about supporters and the passing of the
amendment, detailed below. Additionally, bills to amend
the legislation to add a Higher Education surtax option
have been introduced four times, however the
amendment has not passed. The legislative process is
described in Appendix D.
Fire and Rescue Surtax
Approval of this surtax in 2009 added an eighth
discretionary sales surtax to those allowed by law under
Florida statutes 212.055.26 The surtax was approved by
Senate 39-0 on April 29, 2009 (SB 1000), then approved
by the House 110-8 the following day (HB 365). It was
Distribution of Infrastructure Sales Tax
Estimated Amt.
1% Tax
MONROE BOCC
59.9%
$19,169,871
Islamorada
6.17%
$1,975,358
Key Colony Beach
0.80%
$255,811
Key West
24.5%
$7,839,871
Layton
0.18%
$58,371
Marathon
8.39%
$2,685,377
Countywide Total
1 100%1
$31,984,659
Estimated Amt
0.5% Tax
MONROE BOCC
59.9%
$9,584,935
Islamorada
6.17%
$987,679
Key Colony Beach
0.80%
$127,906
Key West
24.5%
$3,919,935
Layton
0.18%
$29,185
Marathon
8.39%
$1,342,689
Countywide Total
100%1
$15.992,329
signed into law by the Governor on June 16, 2009. It Source: Monroe County Budget Director
became effective July 1, 2009. 27 In the Senate, the bill was
sponsored by the following: the Judiciary Committee, Military Affairs and Domestic Security
Committee, and Senator Mike Fasano (R). In the House, the bill was sponsored by the following:
Economic Development and Community Affairs Policy Council, Military and Local Affairs Policy
Committee, and Representative Ed Hooper (R).-”
2014 Florida Statutes, "212 055 Discreuonary sales surtaxes; Iegnslativc intent; authorization and use of procecdv,"
http: / / 0scnata,go% /1..aws/ Statutes/2014/212, 055
Flonda Department of llcvL"nue, `9-'lortda's Diseretionary Sales Surtax" http:+'/dor.mvflonda eom/dor/taxLs/diseretionrin.htm]
'r Florida l lOU,%L of Representatives, "CS/CS/tiB 1000 - Discretionary Sales Surtaxes/Pin RESCUC San Ices, 3K)9"
http://xvuxx.myfloridahouse.gov/Sections/Bills/bdlsdetad aspx?Bdlld=40557
" Flonda 1 IOuse of Representatives, "(,S#,S/1IB365 - Discretionary Sales Surtaxes, 2009'
http.//xim-x%.myflond-thuusc.gOl /Sections/Bills /bdlsdetail.aspx?Bdlld=4()276&
Under the legislation, up to a 1 percent surtax may be imposed by any county, except those which have
imposed two other separate surtaxes without an expiration date. Like the other surtaxes, the Fire and
Rescue surtax must be enacted by ordinance of the county commission and approved by a referendum.
Certain actions must be taken before the surtax may be put in place, and once in place, ad valorem
taxes must be reduced equal to the estimated amount of surtax collections. A calculation done in June
2009 estimated that if all 65 eligible counties (Miami -Dade and Madison were not eligible)
implemented the surtax it would generate $2.2 billion annually.'-"' The Fire and Rescue surtax has yet to
be implemented by a Florida county.
Higher Education Surtax
Four bills, the most recent during the 2014 legislative session (HB 113), have been put forth proposing
an amendment to Florida statutes 212.55 to add a Higher Education surtax as a ninth discretionary
sales surtax option. The proposed change would allow up to a 0.5 percent higher education surtax for
five years to benefit the Florida College System institution and state university in the county. Only
Miami -Dade County would qualify at first; Monroe County and Hillsborough County may be eligible
in the future. The surtax would raise an estimated $234.7 million annually in Miami -Dade County.',"
The 2014 bill was sponsored in the House by the Education Committee and Representative Erik
Fresen (R, Dist. 114). 31 In the Senate, the Appropriations Subcommittee on Finance and Tax and
Senator Anitere Flores (R, Dist. 37) co -sponsored the bill.32 Both bills died in May 2014.
Special Districts
Special districts are a political subdivision in the state created to provide limited government on a local
level. There are more than 1,600 special districts in Florida providing local infrastructure and services,
such as water and road management, fire rescue and safety, health care services, community
development, housing and parks. Many special districts may impose property taxes, assessments, or
impact fees. Enabling legislation of some special districts authorizes them to issue bonds, payable from
taxes or special assessments, to finance capital improvements after a majority of the people living
within the special district approve a bond referendum. Some special districts have the authority to issue
a bond without a referendum. Districts are also eligible to utilize tax increment financing, charge tolls,
and apply for grants.
There are several types of special districts in Florida that provide park and recreation opportunities.
For instance, community development districts (CDDs) are special taxing districts that property
owners from a defined area may establish by voting to levy a tax or assessment in support of public
improvements to the area in which they live. CDDs also issue bonds.33 The state also authorizes
counties to create a special district to implement a beach and shoreline preservation program. The
board of county commissioners as the governing body of the district may levy a uniform ad valorem
tax not to exceed 1 mill per year on all nonexempt taxable property Within the district for a period of
2' ReN LnUL Isstirnating Conference, "Tax Local Option Discretionary Surtax," 6/4/2009,
http://cdr state fl.us/content/eonfcrcnees/recenucimpaet/archives/2009/pdf/page",®20861-863 pdf
" Rei enue Fstunating Conference, "1'ax: Sales and Use I"ax," 1 /17/2014,
http //edr.state.fl us/Content/conferences/rcvenueimpact/archwcs/2014/pdf/pagc68-69.pdf
" Florida I louse of Rcpresentaticcs, "CS/I 113 113 - Diserctionare Sales Surtaxes, 2014"
http.//%%-%Nw.m) flondahouse.goc/Sections/BiN/billsdctail aspx?13il11d=51229
12 Honda 1 louse of Repmscntatives,'VS/Sl3 66 - Disercuonart• Sales Surtaxes, 2014"
ht tp://N%-xN-Nv.my flondahousc.gov/Sccuons/bills/bdlsdetail.aspx?13illld=51087&
11 h S § 190.021(1),
of, I �.. c, ➢! �. � v jt, rZ. ' 20
not more than 2 years to defray organizational and administrative costs of said district. In addition, the
commissioners may levy upon all taxable property within each district an ad valorem benefrtr tax in any
amount necessary to meet the requirements of the program. This tax is levied in proportion to benefits
each property will receive.
At present, there are 13 existing special district in Monroe County that provide services including
wastewater, mosquito control, fire and rescue, hospitals, and redevelopment.}4 The Monroe County
Land Authority is discussed in more detail on page 8.
The South Florida Water Management District
The South Florida Water Management District (SFWMD) oversees water resources in the southern
half of Florida. The district comprises sixteen counties from Orlando to the Florida Keys, serving a
population of 7.7 million residents. This area encompasses; two major watersheds --the Okeechobee
Basin and the Big Cypress Basin --which are, in part, separately managed and funded. Some revenue is
used for district -wide capital improvements, while other revenue is directed to basin -specific projects.
Created in 1949, the South Florida Water Management District is the oldest and largest of Florida's
five water management districts. The district's mission is to manage and protect water resources
through water quality, flood control, natural systems and flood supply.
Nine Governing Board members direct the district. The board members are volunteers who must
reside within district boundaries. They are appointed by Florida's Governor and confirmed by the state
senate for four-year terms. There is also a separate Basin Board for the Big Cypress Basin. The
Governing Board appoints, and the state senate confirms, the district's Executive Director who directs
all district activities.
The district has legislative authority to collect ad valorem taxes from landowners throughout its
jurisdiction. The maximum rate the district may collect is 0.80 mills, of which up to 40 percent may be
used for district -wide projects, and up to 60 percent may be used for basin -wide projects.' These
property taxes and other sources including federal, state and local revenue, licenses, permit fees, grants,
agricultural taxes, investment income and bond proceeds fund the district's annual budget.
The annual budget for FY 2015 is $720.4 million. Nearly 80 percent budget is dedicated to restoration
and operations and maintenance The rolled -back combined millage rates for the SFWWMD represent
$38.42 per $100,000 of taxable value in 15 of the District's 16 counties (the Okeechobee Basin). For Collier
County and mainland Monroe County (the Bi,g Cypia Barra), the rolled -back combined rate represents
$30.,97 per $100,000 of taxable value.31
To fund projects, the district often partners with federal and state government, local counties, and
municipalities. Partnerships are also made with local utilities and drainage districts. Activities regulated
by the district include projects such as dredge and fill with impacts on wetlands, use of district lands,
canals, streams and aquifers, drainage system construction or operation, and well construction.
https: / J dca,de(,.myflnnda.cum/ fhcd/sdip/ ( )fficiall.istdcat,h€lldtunets.cfm
VS g 373.503(5). (5)(b) (2010).
http://mt.sftmd.gov/portal/page/portal/xrepositoty/sftiand._rLp isitory_pdffitf_tg2t)15_final_budgct_appr,%al.pdf
... N i ?,t, 4CF y a. S ..d,. J A .v;JA W,, 2d 5
The district also "acquires, manages, and restores lands for the conservation and preservation of water
resources as well as for the ancillary benefit of public recreation." 37 However, most of the
conservation and preservation initiatives the district has pursued in the past eight years have been
directed towards its Everglades restoration work. If the district could be convinced to dedicate some
funding towards other county or municipal projects, it could be a good partner for park -building and
open space conservation in Monroe County due to its reliable funding.
Creating anew special district
Florida municipalities and counties are permitted to create special districts for recreation and
conservation services. This authority may be applied by counties only in the unincorporated areas.38
Such districts may acquire land, collect fees and issue bonds. Monroe County could potentially create a
new district, such as a recreation district or a beach and shore preservation district ) The governing
board of the latter district is the county BOCC, whereas a recreation district may be governed by the
BOCC or by an independently elected board. Each of these districts has the authority to levy property
taxes and to acquire land.
One of the advantages to creating a district is that special districts provide highly specialized local
governmental services - often in response to citizen demand that a municipality or county is unable
or unwilling to provide. Special districts provide for a local special-purpose governmental agency with
funding, employment, and missions separate from local general-purpose government. However,
Monroe County currently has the capacity and administrative structures in place to provide parks and
conservation services. As such, the benefits of having a separate entity would have to be weighed
against the additional steps needed to create and fund a new district.
}" 2010 (:omprehensn c Xnnual Fiscal Report at 1- i, available at
http:, /%%-\tw.sfivmdgov/portal/page!portah'xweb".20aboue',,20us/agency',�2Oreports#Finaneiakcpf)rts.
P.S 41 R.20 and F S. y 161.25,
"' P S. 161,25
{, . _. C. >v E S' JAB ..f:'Y 20 5
Election Histol- l
Since most local public finance mechanisms require voter approval it is useful to look at election
history for the county. A review of the Monroe County election canvas record of the past few years
indicates that there have been few major county finance propositions before voters by which to gauge
current voter attitudes toward public spending measures. Results of those measures, voter registration,
and turnout are summarized in the tables below.
Monroe County Voter Turnout Monroe County Voter Registration
Election I Registered Voters Ballots Cast %Turnout Party Registered Voters %
Aug 14 50 587 j 13 760 3 27% Republican 18,704 37
Nov-12 ; 51,524�� 39,14�
y � 2 78% Democrat 16,927 33
Aug 12 48,670 14 866 31 % Indep. /Other 15,473 30
Feb-12 50,854 13.482 i 27% Total 51,104
...... ........
Public Spending Election Results (selected examples since 2008)
Date Measure Description _Results Yes
Nov-14 Sales Tax Renew 1/2-cent tax or county schools ! Pass 64%
Nov-12 Sales Tax Extend 1-cent infrastructure sales tax Pass 68%
Jan 12 Levy Renew 0 5 mill levy for county schools Pass 75%
Jan-OB € Levy Renew 0 5 mdl levy for county schools Pass 76%
Half (.lent Sales Tax Renuwal
With the expiration of the existing half -cent sales tax occurring on December 31%, 2015, the Monroe
County School Board proposed a renewal of this levy for another ten years to upgrade and address
security needs at school facilities, equip schools with modern technology, construct new facilities, and
provide for renovations and additions to existing school structures. This renewal was approved by
voters of Monroe County at the November 4th election.
CONCLUSION
Any park and land conservation program in Monroe County must rely on a combination of funding
sources to sustain land acquisition both in the near term and over the long run. The county has several
finance options to generate significant dedicated funding for parks and open space at relatively low
cost to taxpayers. Once target properties have been identified for conservation or conversion to parks,
further discussion of the funding mechanisms described in this report is recommended to match the
most viable sources with the needs. Public opinion polling could provide insights to the political
feasibility of mechanisms requiring voter approval.
��'Sf` Dy N (T CC)' R" /A ,A r
APPENDICES
SIER
4#C. V i�.... ✓.,. �..b. i,�.,)`4:., ..: . x F i .. v...., F..... ..w n. Y
µ"J je.. E121 0 .a
Appendix A: Monroe County Map & Population
Key West
Area (Incorporated shaded)
Population
2010
Land Area
square
moos
Density
population per
square mile
Village of Istamorada
6,119
72
850
City of Layton
184
007
2,629
City of Key Colony Beach
810
044
1,841
City of Marathon
8,287
91
911
City of Key West (New Tow n, Old Town, Stock Island)
29.550
7
4,221
Key Largo/Tavernier/Ocean Reef
18.872
35.4
533
Long Key
131
1.8
73
Duck Key/Conch Keys
621
0.6
1,035
Big Mine Key/No Name Key
4,284
1204
356
Little Torch/Middle Torch/Big Torch Keys
970
5.2
187
Rarrod Key
688
1.67
412
Sumnerland Key
944
1.7
555
Cudjoe Key
1,763
6
294
Sugarloaf Key/Saddlebunch Key
1,948
16
122
Big Coppitt/Rockland/Geiger/Shark Keys
2,747
2.6
1,057
Bahia Flonda/Scout Key/Boca Chica Key/Dry Tortugas/Ballast
Key/Cooks Island/Knock-emrpown Key
163
8.03
20
Florida Keys Totals
73,081
114.85
636
Mainland Monroe Totals
9
833
0
Source. Monroe County Growth Management Division, Florida Dept. of Health, http://www flondaheafth.gov/provider-
and-partner-resources/community-partnerships/f loridanapp/state-and-comrunity-reports/monroe-
county/ documents/monroe-cha.pdf
F� 5
Appendix B: Florida County Measure History
Florida County Conservation Finance Measures - Approved by Voters 2000 - 2013
Jurisdiction Name
[Ajachua Count
Alachua County
4Brevard County
Broward County
Date
NOV-00
Noy 08',Sales
Nov-04
Nov-00
Finance
Mechanism
:Bond
9 tax
. . . . . . . . . . .
�Bond
Bond
Purpose
Oven space. wildlife habitat
::Open space, parks, recreation
0 en space
'Parks, watershed protection- wildlife
:habitat, open space
Total Funds
_Approyed__
$29,000,000i
$40,000000
$60,000,000
$400,000,000.
% Yes
61%
51%
69%
74%
Charlotte County
Nov-06
iBond
Apperi space e
$77 000,000
53%
Collier County
Nov-02
Bond
Open space
$76 000,000,
Collier County
Nov-04
Bond
Parks and recreation
$40000,000
73%
Open space, watershed protection
,Collier County
Nov-06Property
tax
'wildlife habitat recreation
$123,000 000
82%
Flagler County
Nov-02
;Bond
'Watershed protection, parks
$6,700,000-
74%
:Open space, parks, recreation, wildlife
...... ......
Flagler County
Nov-08
Property tax
!habitat, watershed protection
$40,000,000
65%
HillsboroY0, County
Nov-08.
Bond
.. .. .... , . .....
Open
:9penspace
$200-00-0,090.,
79%
Indian River County
'
Nov04
Bond
IOpen space
$510,0001,000
67%
Lake County
Nov-01
':Sales tax
Parks
$30 000 000;
Lake County
Nov-04
:Bond
'Open space.
$36 000 000
71%
:Open space, watershed protection
Leon County
Nov-00
'Sales tax
recreation
tion
$728,000�0007
60%
Open space, parks, witdife, watershed
Martin County 7
Nov-06
:Sales tax
protection, trails j
$60,000,000
55%
Miami -Dade County
Nov-04
bond
Parks. recreation, open space
MOJH,000
66%
Miami -Dade Cou2tL
Nov-04
ibond
6 p I en pa I ce, recreation
$255 r 0 . 7 1 O, 1 0 1 0 1 0;'
58 , %
Miami Dade County i
Nov-04
i Bond
Open space, recreation
...
$552,692000�
65%
.. ......... -
:Open space, watershed protection,
..........
Osceola County
"beach, 'C" 'o-untY'
Nov-04
Bond
:wildlife habitat, recreation
$60_000,000�
67%
Palm i
N'o'A'
Bond
.. . .. .. ....
',Parks, recreation, open space
$50,000,000;
62%
Palm Beach County
Nov-04
Bond
Pasco County
Mar-04
!Sales tax
Pasco County,
Nov-12
!Sales tax
Sarasota County
Nov
................ ...
Property tax
Sarasota Count
Nov-06
'Bond
Seminole County
Nov
T Bond
§i- Lucie , County n'
N'o'�','0'2
Property tax
Volusia County
Nov-00
'Bond
ien space, recreation, watershed
itection
creation, wildlife habitat
len space, parks, recreation
;place.,, recfel,qtli
wrldlife habitat
FarkSp
open en space, trails, recreation $56,90
Watershed protection, wildlife habitat,
recreation $40,00
Total $4.832,12
52%
78%
No
C a j Cc N F NCE t I-,
c`., ..v ti'N F"!q'. vC . o _ _ Y
Appendix C Counq Revenue Options Summaq
Option
Description and Generating Potential
Process
Comments &
Considerations
General
The county could issue general obligation bonds to support parks
Majority voter approval is
Bonds raise substantial
Obligation
and open space purposes. For example, a S15 M bond could be
required.
amounts of money, enabling
Bond
issued at a cost of roughly S22 per year to the average
the county to make important
homeowner.
acquisitions now while land is
available Costs would be
Bond Issue Debt Service Tax Reg it Avg. House
spread out over a long time
S10 million S735,818 0.036 S14
horizon, and therefore are
S15 million S1,103,726 0.055 S22
borne by both current and
future beneficiaries.
The debt service figures for the proposed bond issues above are
based upon a general obligation bond issued for 20 years at 4
Bond funds may not be used
percent interest. This rate is only used for illustration. County
for maintenance and
officials, its financial advisors, bond counsel and underwriters
operations.
would establish the actual terms of any bond issue.
Property Tax
Monroe County could raise revenue for parks and open space
An extraordinary (2/3rds
;\ millage increase would
(ad valorem)
acquisition by increasing the county property tax rate for that
or unanimous) vote of
create a significant funding
purpose through a general millage increase or a voted levy.
the County
source for parks and
Commissioners or a
conservation that could be
referendum may be
used for acquisition as well as
Tax Revenue Raised Annual Cost for
required.
development and maintenance
Rate per Year Avg House*
purposes.
0.03 S646,135 S13
0.05 S1,076,891 S21
r\ general levy is not
permanently dedicated ta
*S423,481, average single fresidential value.
b family idtil
specific purpose A voted levy
may be imposed for two years
only.
MSTU or
Monroe County could levy an additional property tax in the
An extraordinary (2/ 3rds
A millage increase in the
Special
unincorporated area to support parks and conservation.
or unanimous) vote of
unincorporated area generates
District
the County
significantly less revenue than
Property Tax
Commissioners or a
a countywide millagc increase.
Tax Revenue Raised Annual Cost for
referendum may be
Rate per Year AIX House*
required.
proceeds may be used to fund
0.5 S503,523 S21
ongoing expenses as well as
capital investments.
P ^t<NC rr. `3'. ,. r „'!. ...<"N' 01 5
Appendix D: Florida Legislative ProcesS411
The Florida Legislature meets once a year for 60 days, typically beginning the first Tuesday in March.
Bills are filed by Representatives and Senators for consideration during the session. When a bill is filed,
it is referred to several committees to be reviewed by smaller groups of members. Through the
committee process, the bill is discussed and debated and amendments or changes can be added to the
bill. Interim committee meetings begin in November through February of the following year,
After passing out of committees the bill is brought before the entire chamber of the House and Senate.
Committees have several options when considering a bill. They can approve the bill. They can defeat
the bill. Or they can choose to amend the bill. If a bill is defeated in committee, that idea is dead for
the rest of session.
Once the bill has passed each of the committees to which it is assigned, it is available to be voted on by
the entire body of members. A bill passes by receiving a majority of the votes in that chamber. Each
bill must be passed by both chambers before it becomes a law.
If both chambers approve the bill, it goes to the Governor's office. The Governor can sign the bill,
allow it to become a law without his signature or veto the bill. If the Governor chooses to veto a bill,
the Legislature can overturn the next time they meet by a two thirds vote of both chambers. If a bill
doesn't make it all the way through this process before the end of session, that bill dies and must begin
the process anew the next year.
2015 SESSION DATES
August 1, 2014 Deadline for filing claim bills (Rule 4.81(2))
January 23, 2015 Deadline for submitting requests for drafts of general bills and joint
resolutions, including requests for companion bills
February 25, 2015
Deadline for approving final drafts of general bills and joint resolutions,
including companion bills
March 3, 2015
Regular Session convenes (Article III, section 3(b), Constitution)
March 3, 2015
Deadline for filing bills for introduction (Rule 3.7(1))
April 18, 2015
All bills are immediately certified (Rule 6.8)
April 21, 2015
50th day —last day for regularly scheduled committee meetings (Rule 2.9(2))
April 27, 2015
Conference Committee Reports require only one reading (Rule 4.5(1))
Motion to reconsider made and considered the same day (Rule 6.4 (4))
May 1, 2015
60th day —last day of Regular Session (Article 111, section 3(d), Constitution)
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(51 14 103301 PD1.
For any questions or more Mifim-nation please contact:
Wendy Muzzy
Conservation Finance Program
Director of Feasibility Research
The Trust for Public Land
Office: 206-274-2914
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Goal
Criteria
Criteria Weights
Date
Data Source
(Description, Date)
Significant Constraints
Submerged land
50%
Submerged Lands
Monroe County
ITP (Incldental Take Permit) for marsh
50%
Marsh Rabbit Focus Area
Monroe County
rabbit habitat
Total
100%
_ ..m...... .....
C onservation Priorities.
Upland native habitat
15%
Land Cover Habitat
Monroe County
Tier I Assessments
20%
Tier Assessment
Monroe County
Welland type, degree of disturbance
10%
Wetland Habitat
Monroe County
(of known), and extent
Land Cover Habitat
Species Focus Areas
10%
Combined Result from Species Weighting
TPL
Silver Rice Rat Focus Area 500m Buffer
Species Focus Areas buffer areas
10%
Cotton Mouse Focus Area 500m Buffer
Monroe County
Florida Forever Project boundaries
20°
Florida Forever Acquistions
Monroe County
and Essential Parcels Remaining
Essental Parcels Remaining
FEMA CBRS areas
15%
FEMA CBRS
Monroe County
Total
100%
Development Compatibility
Ter it and IIIA Assessments
15%
Tier Ovariay
Monroe County
Tier III Assessments
10%
Canal frontage
10%
Canal Frontage Parcels
Monroe County
FEMA V zones
20%
FEMA V zones
Monroe County
Clear Zones
20%
Clear Zones
Navy or TPL digitize
AICUZ > 65 DNL
20%
Navy or TPL dig[lize
infrastructure facilities
5%
Street Centerlines
Monroe County
Potable Water Mains
Total
100%
Sea Laval Rise
as Level Rise P or greater
SLR
Monroe Coun
i00%..
--
-
Species Weight
Caretta Caretta Critical Habitat (loggerhead turtle) 5%
Cape Sable Thoroughwort Critical Habitat 10%
Cotton Mouse/Wood rat Focus Areas 15%
Eastern Indigo Snake Focus Area 5%
Key Deer Focus Area 10%
Lower Keys Marsh Rabbit 15%
Schaus Swallwtail Focus Area 10%
Sliver Rice Rat Focus Area 10%
Silver Rice Rat Critical Habitat 10%
Tree Cactus Focus Area 5%
Tree Snail Focus Area 5%
100%
Tier Overlay Weights
Tier II 50%
Tier IIIA 50%
Total 100%
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