Item H2BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: March 18, 2015 Division: Growth Management
Bulk Item: Yes No X Department: Planning & Environmental Resources
Staff Contact Person/Phone 4: Christine Hurley, Ext. 2517
Michael Roberts. Ext. 2502
AGENDA ITEM WORDING: Approval of an amendment to the Trust for Public Lands' contract
based on results of the Finance Feasibility Report and the Summary of preliminary parcel analysis.
ITEM BACKGROUND: The approved contract services include (1) Feasibility research & report on
funding options, (2) Development of a criteria matrix of habitat conditions and development
constraints to be evaluated, and (3) construction of GIS conservation priorities models based on the
assessment criteria detailed in the criteria matrix. Based on direction of the BOCC at the February 18,
2015 meeting, staff has prepared the attached Contract Amendment for TPL for the following Tasks:
Task 9. Educational Outreach - $6,000 (including travel expenses)
The Trust for Public lands will work with Monroe County Planning and Environmental Resources staff to hold
meetings in the upper, middle and lower Keys to present the Public Lands Conservation Finance feasibility
Study. Each educational outreach meeting shall have a survey of attendees to determine the existence or level of
support for the various finance options.
Task 10. Opinion Survey - $32,000 (includine travel expenses)
The Trust for Public lands will contract with a qualified public opinion survey firm to conduct a professionally
administered, statistically valid opinion survey, through telephone interviews of randomly selected voters in
Monroe County.
Task 11. Advocacy for Land Acquisition
The Trust for Public lands will assist the County in coordinating with the Florida Division of Environmental
Protection on Florida Forever land acquisitions and associated distributions from State funds for land
acquisition.
PREVIOUS RELEVANT BOCC ACTION:
7/17/2013: BOCC directed staff to contract with a firm to gauge community interest in alternative land
acquisition strategies.
2/19/2014: BOCC directed staff to amend contract to provide research relative to land acquisition
funding and to develop a GIS analysis tool to assist staff in prioritizing parcels for acquisition.
7/25/2014: BOCC approved the contract for the Trust for Public Lands (TPL) to identify options for
purchasing or financing future land acquisitions to support the County's conservation and growth
management objectives and to develop a GIS based analysis tool to assist in determining Conservation
Acquisition Priorities by assessing habitat conditions and development constraints on each parcel.
2/18/2015: BOCC directed staff to amend TPL contract to include Tasks related to public opinion
survey, public outreach and land acquisition advocacy.
CONTRACT/AGREEMENT CHANGES: Adding Tasks 9,
STAFF RECOMMENDATION: Staff is requesting Board direction regarding the finance study and
the matrix criteria so TPL can finalize these components of the contract.
TOTAL COST: $81,458.00 +$150.00/hr Amend I is $38,000+$150/hrINDIRECT COST: n/a
NEVENUE, PRODUCING: Yes — No NIA AMOUNT'PER MONTH N/A Yew",
APPROVED BY: CountyAtty— Y4 OMB/Purchasing( Risk Management
AGENDA ITEM #
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Trust for Public Lands Contract #
Effective Date: 03/18/2015
Expiration Date:
Contract Purpose/Description:
Amendment to existing Sole source contract to add Tasks 9 - 11:
Task 9. Educational Outreach ($6,000): TPL will hold meetings to present the Finance
Feasibilitv stud v and conduct opinion D011S to determine support for the various finance options
presented.
Task 10.0pinion Survey ($32,000): TPL will contract with a qualified public opinion survey
firm to conduct a professionally administered, statistically valid opinion survey, through
telephone interviews of rand ml selected voters in Monroe Counter
Task 11. Advocacy for Land Acquisition ($1 50/hr). TPL will assist the County in coordinating
with the Florida Division of Environmental Protection on Florida Forever land acquisitions and
associated distributions from State funds for land acquisition
Contract Manager: Mike Roberts 2502 Planning & Environmental/ I I
(Name) (Ext.) (Department/Stop #)
for BOCC meeti a on 03/18/2015, Agenda Deadline: 03/03/15
19M.M.Urdov
Total Dollar Value of $81,458.00 + $1501hr Current Year 74,674+
Contract: $ (Amendment I total is Portion: $ $150.00 hrly
$38,000.00 +
Budgeted? YesX No Account Codes:
Grant: $
County Match: $ N/A
ADDITIONAL COSTS
Estimated Ongoing Costs: $jyr For:
mot included in dollar value abovey le, , m$intenance, ut�lties�anitorial, salaries, etc,
111111 ililillillilillilllllillillillillillI 1 11
Changes
Date Out
Date In
Needed
Reviewer
Division Director
Yes7 No
Risk Management
YeS7 No[]'
0. M.B. /Purchasing 5"
Yes 7 No[,7/'
. . . ....... —
County Attorney
Yes[] Nop
. .... .. .
•
AMENDMENT No.1
TO AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN
THE TRUST FOR PUBLIC LAND AND MONROE COUNTY
This Amendment No. 1 to Contract For Professional Services (Amendment) is entered into this
day of March, 2015 between Monroe County, Florida (County) and The Trust for Public Land,
(Consultant).
WITNESSETH:
WHEREAS, the patties entered into an Agreement for Professional Services Between The Trust
for Public Land and Monroe County (Contract) on August 20, 2014; and
WHEREAS, Monroe County is in need of further services of Consultant to assist the County in
coordinating with the Florida Division of Environmental Protection on Florida Forever land acquisitions
and associated distributions from State Rinds; and
WHEREAS, Monroe County seeks to obtain certain public opinion information and Consultant
has the ability and experience to obtain such information; and
WHEREAS, Monroe County seeks to expand educational outreach concerning the Public
Conservation Finance Feasibility Study consisting of public meetings in the upper, middle and lower
Keys; and
WHEREAS, Monroe County seeks survey data fi•om the attendees of the educational outreach
meetings concerning the Public Conservation Financial Feasibility Study; and
WHEREAS, Consultant desires to conduct both the educational outreach meetings and the
surveys and those meetings;
NOW, THEREFORE the patties agree as follows:
1. The Contract is modified to reflect an increase in Compensation in Section 4 of the Contract as
remuneration for coordinating with the Florida Division of Environmental Protection on Florida
Forever land acquisitions and associated distributions from State finds.
Section 4.4 is added to reflect $150.00 as an hourly rate for those items related to
coordination with the Florida Department of Environmental Protection or land
acquisitions and fixture fund distributions.
Section 4.3 is revised to the additional task in this contract amendment:
Section 4.3: The total cost for providing the services contained in the Tasks 1 thrU 10 is
$80,360. Optional Task 8, would increase the total budget amount to $43,458. This
budget includes all TPL staff and consultant costs, and other expenses. There shall be no
reimbursable items.
TPL Contract — I" amendment
2. Exhibit A to the Conti -act is modified to add a "Task 9":
Task 9. Educational Outreach - $6,000 (including travel expenses)
The Trust for Public lands will work with Monroe County Planning and Environmental
Resources staff to hold meetings in the upper, middle and lower Keys to present the
Public Lands Conservation Finance feasibility Study. Each educational outreach meeting
shall have a survey of attendees to determine the existence or level of support for the
various finance options.
Deliverables:
• One meeting in each area of the Keys (upper, middle and Power Keys) to present the
Public Lands Conservation Study.
• Meeting participation;
• Meeting agendas;
• Written meeting summaries;
• Presentation materials for workshops (e.g. PowerPourt presentation);
• Obtain survey data from each presentation meeting.
• Statistical report that summarizes survey data
3. Exhibit A to the Contract is modified to add a "Task 10":
Task 10.Oninion Survey - $32,000 (including travel expenses)
The Trust for Public lauds will contract with a qualified public opinion survey firm to
conduct a professionally administered, statistically valid opinion survey, through
telephone interviews of randomly selected voters in Monroe County.
The poll will test the following:
1. Specific ballot language and the level of voter support for a finding
measure;
2. Support for a tax or bond issue of varying amounts;
3. Purposes for the use of the funds the voters find most compelling;
4. Tuning, i.e., when is the best time to bring a measure to the voters;
5. Various accountability measures that may be incorporated into the measure.
Deliverables:
• Valid public opinion poll data concerning public land acquisition funding measures.
• A report that summarizes survey (15 copies).
• Presentation to Board of County Commissioners of results of public opinion poll.
4. Exhibit A to the Contract is modified to add a "Task i I":
TPL Contract — I amendment
Task 11. Advocacy for Land Acquisition
The Trust for Public lands will assist the County in coordinating with the Florida
Division of Environmental Protection on Florida Forever land acquisitions and
associated distributions from State finds for land acquisition.
5. Exhibit B to the Contract is modified to modify the schedule and add a "Task 11".
6. Completion of Tasks 9 and 10 is to be detcrinined.
5. Completion of Task 11 is May 1, 2015.
6. All other provisions are to remain the same.
THE TRUST FOR PUBLIC LAND MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS
Ray Christman, Division Director
Danny L. Kolliage, Mayor
ATTEST: Amy Heavilin, Clerk
Deputy Clerk
MONROE COUNTY ATTORNEY
PPROVED AS T OR►a:
STEVEN T.
ASSISTANT C N Y ATTORNEY
Date
TPL Contract — I" amendment
*- -• •
BETWEEN
THE TRUST FOR PUBLIC M;
t MONROE
TH AGREE ENT ("Contract/Agreement") is made and entered into this � D day of
2014, by Monroe County ("COUNTY"), a political subdivision of the State of
Florida, whose address is 1100 Simonton Street, Suite 205, Key West, Florida 33040, and The
Trust for Public Land, a California nonprofit public benefit corporation with its principal place of
business at 101 Montgomery Street, Suite 900, San Francisco, CA 94104 ("CONSULTANT").
Section 1. SCOPE OF SERVICES
The CONSULTANT shall do, perform and carry out in a professional and proper manner certain
duties as described in the Scope of Services — Exhibit A — which is attached hereto and made
a part of this Agreement.
Section 2. COUNTY'S RESPONSIBILITIES
2.1 Designate in writing a person ("Contract Manager') with authority to act on the
COUNTY'S behalf on all matters concerning the work product.
2.2 Coordinate with CONSULTANT as necessary for CONSULTANTS performance of the
tasks in Exhibit A.
Section 3. TIME OF COMPLETION
The services to be rendered by the CONSULTANT shall be commenced upon written, including
email, notice from the COUNTY, and the work shall be completed in accordance with the
schedule mutually agreed to by the COUNTY and CONSULTANT as shown in Exhibit B, and
shall be completed no later than March 31, 2015, unless it shall be modified in a signed
document, by the mutual consent of the COUNTY and CONSULTANT. Subsequent services
shall be performed in accordance with schedules of performance which shall be mutually
agreed to by COUNTY and CONSULTANT. County, through its Growth Management Director,
shall have the authority to amend the schedule.
Section 4. COMPENSATION
4.1 The maximum compensation available to the CONSULTANT under this Agreement is
based on the activities detailed in the Scope of Services. The COUNTY agrees to pay
the CONSULTANT based on completion of work within the Scope of Services according
to the deliverables detailed in the Scope of Services.
4.2 Compensation shall be paid by activity completed and deemed satisfactory by the
Contract Manager. The additional services included in Task 8 on Exhibit A may be
authorized by the Growth Management Division Director.
4.3 The total cost for providing the services contained in the Tasks 1 thru 7 is $42,360.
Optional Task 8, would increase the total budget amount to $43,458. This budget
includes all TPL staff and consultant costs, and other expenses. There shall be no
reimbursable items.
BOCC August 20.2014(fmal 2)
Section 5. PAYMENT TO CONSULTANT
5.1 Payment will be made according to the Local Government Prompt Payment Act. Any
request for payment must be in a form satisfactory to the County Clerk (Clerk). The
request must describe in detail the services performed and the payment amount
requested. The CONSULTANT must submit to the COUNTY Contract Manager, who
will review the request. The Contract Manager shall note his/her approval on the
request and forward it to the Clerk for payment. If request for payment is not approved,
the Contract Manager must inform the CONSULTANT in writing that must include an
explanation of the deficiency that caused the disapproval of the request.
5.2 CONSULTANT shall submit by activity as detailed in the Scope of Services.
5.3 Any extension of this contract into the County's next fiscal year is contingent upon an
annual appropriation by Monroe County.
Section 6. CONTRACT TERMINATION
Either party may terminate this contract because of the failure of the other party to perform its
material obligations under the Contract. COUNTY may terminate this contract for any reason
upon fifteen (15) days written notice to the CONSULTANT. COUNTY shall pay CONSULTANT
for work performed through the date of termination.
Section 7. AUTHORIZATION OF WORK ASSIGNMENTS
7.1 All work assignments beyond or in addition to EXHIBIT "A" shall be authorized in writing
and approved by the Board of County Commissioners.
7.2 There may be additional instructions or provisions specific to the authorized work in the
Scope of Services for the purpose of clarifying certain aspects of this Agreement
pertinent to the work to be undertaken. Such supplemental instruction or provisions shall
not be construed as a modification of this Agreement. Authorizations shall be dated and
serially numbered.
7.3 The CONSULTANT shall not assign, sublet or transfer any rights under or interest in
(including, but not without limitations, moneys that may become due or moneys that are
due) this Agreement or subsequent Work Assignment without the written consent of the
COUNTY, except to the extent that any assignment, subletting, or transfer is mandated
by law or the effect of this limitation may be restricted by law. Unless specifically stated
to the contrary in any written consent to any assignment, no assignment will release or
discharge the assignor from any duty or responsibility under this Agreement.
BOCC August 20,2014(final 2)
Section 8. NOTICES
All notices, requests and authorizations provided for herein shall be in a signed document and
shall be hand delivered, or mailed, certified / registered / return receipt requested, or sent by
courier service with a signed receipt, to the addresses as follows:
To the COUNTY:
Robert Shillinger, County Attorney
1111 12" Street
Key West, FL 33040
And
Roman Gastesi, County Administrator
1100 Simonton Street, Suite 205
Key West, Florida 33040
To the CONSULTANT: Brenda McClymonds
7900 Red Road Suite 26
South Miami, FL 33143
or addressed to either party at such other addresses as such party shall hereinafter furnish to
the other party in writing. Each such notice, request, or authorization shall be deemed to have
been duly given when so delivered by hand, courier service with proof of delivery, or, if mailed,
when deposited in the mails, registered, postage paid, return receipt requested.
Section 9. RECORDS
CONSULTANT shall maintain all books, records, and documents directly pertinent to
performance under this Agreement in accordance with generally accepted accounting principles
consistently applied. Upon ten (10) business days' written notice and during normal business
hours, each party to this Agreement or their 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 moneys paid to
CONSULTANT pursuant to this Agreement were spent for purposes not authorized by this
Agreement, the CONSULTANT shall repay the funds. Any employee, consultant, sub -
CONSULTANT or agent of COUNTY granted access to such records shall execute a non-
disclosure Agreement prior to being granted such access. The preceding sentence shall not
apply to the CONSULTANT's records to the extent such records are deemed Public Records
pursuant to Chapter 119 of the Florida Statutes.
BOCC August 20,2014(fuu12)
Section 10. EMPLOYEES SUBJECT TO COUNTY ORDINANCE NOS. 010 AND 020-1990
The CONSULTANT 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 or any County officer or employee in violation of Section 3 of
Ordinance No. 020-1990. For breach or violation of this provision the COUNTY may, in its
discretion, terminate this Agreement without liability and may also, In its discretion, deduct from
the Agreement or purchase price, or otherwise recover the full amount of any fee, commission,
percentage, gift, or consideration paid to the former County officer or employee.
Section 11. CONVICTED VENDOR
A person or affiliate who has been placed on the convicted vendor list following a conviction for
public entity crime may not submit a bid on a contract with a public entity for the construction or
repair of a public building or public work, may not perform work as a CONSULTANT, supplier,
subconsultant, or CONSULTANT under 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 2 for a period of 36 months from the date of being placed on
the convicted vendor list.
Section 12. GOVERNING LAW, VENUE, INTERPRETATION, COSTS AND FEES
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, the COUNTY and CONSULTANT agree that
venue shall lie in the appropriate court or before the appropriate administrative body in Monroe
County, Florida.
Section 13. SEVERABILITY
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 CONSULTANT 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.
Section 14. ATTORNEY'S FEES AND COSTS
The COUNTY and CONSULTANT 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
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this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs,
investigative, and out-of-pocket expenses, as an award against the non -prevailing party, and
shall include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate
proceedings. 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. This Agreement is not subject to arbitration.
Section 15. BINDING EFFECT
The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the
benefit of the COUNTY and CONSULTANT and their respective legal representatives,
successors, and assigns.
Section 16. AUTHORITY
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.
Section 17. ADJUDICATION OF DISPUTES OR DISAGREEMENTS
COUNTY and CONSULTANT 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.
Section 18. COOPERATION
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
CONSULTANT 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 CONSULTANT specifically
agree that no party to this Agreement shall be required to enter into any arbitration proceedings
related to this Agreement.
Section 19. NONDISCRIMINATION
COUNTY and CONSULTANT 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. COUNTY or CONSULTANT agree
to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating
to nondiscrimination. These include but are not limited to: Title VII of the Civil Rights Act of
1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin;
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; Section 504 of the Rehabilitation Act of
1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps;
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The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits
discrimination on the basis of age; The Drug Abuse Office and Treatment Act of 1972 (PL 92-
255), as amended, relating to nondiscrimination on the basis of drug abuse; The
Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of
1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or
alcoholism; 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 patent records; 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; 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; Any other nondiscrimination provisions in any
Federal or state statutes which may apply to the parties to, or the subject matter of, this
Agreement.
Section 20. COVENANT OF NO INTEREST
COUNTY and CONSULTANT 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.
Section 21. CODE OF ETHICS
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
112.313, 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.
Section 22. NO SOLICITATION/PAYMENT
The COUNTY and CONSULTANT 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. For the breach or violation of the provision, the CONSULTANT
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.
Section 23. PUBLIC ACCESS
The COUNTY and CONSULTANT shall allow and permit reasonable access to, and inspection
of, all documents, papers, letters or other materials in its possession or under its control subject
to the provisions of Chapter 119, Florida Statutes, and made or received by the COUNTY and
CONSULTANT in conjunction with this Agreement; and the COUNTY shall have the right to
unilaterally cancel this Agreement upon violation of this provision by CONSULTANT.
Additionally, in accordance with Florida Statute Sec. 119.0701, CONSULTANT shall
HOCC Auguat 20,2014(final 2)
(a) Keep and maintain public records that ordinarily and necessarily would be required by the
public agency in order to perform the service.
(b) Provide the public with access to public records on the same terms and conditions that the
public agency would provide the records and at a cost that does not exceed the cost provided in
chapter 119 Florida Statutes 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 the public
agency 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 the public
agency in a format that is compatible with the information technology systems of the public
agency.
Section 24. NON -WAIVER OF IMMUNITY
Notwithstanding the provisions of Sec. 768,28, Florida Statutes, the participation of the
COUNTY and the CONSULTANT 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.
Section 25. PRIVILEGES AND IMMUNITIES
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 app)y 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.
Section 26. LEGAL OBLIGATIONS AND RESPONSIBILITIES
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.
Section 27. NON -RELIANCE BY NON-PARTIES
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 COUNTY and the CONSULTANT agree that neither
the COUNTY nor the CONSULTANT 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
BOCC August 20,2014(final 2)
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.
Section 28. ATTESTATIONS
CONSULTANT agrees to execute such documents as the COUNTY may reasonably require, to
include a Public Entity Crime Statement, an Ethics Statement, and a Drug -Free Workplace
Statement.
Section 29. NO PERSONAL LIABILITY
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.
Section 30. EXECUTION IN COUNTERPARTS
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.
Section 31. SECTION HEADINGS
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.
Section 32. INSURANCE POLICIES
32.1 General Insurance Requirements for CONSULTANTs and Subconsultants
As a pre -requisite of the work governed, or the goods supplied under this contract (including the
pre -staging of personnel and material), the CONSULTANT shall obtain, at his/her own expense,
insurance as specified in any attached schedules, which are made part of this contract. The
CONSULTANT will ensure that the insurance obtained will extend protection to all
Subconsultants engaged by the CONSULTANT. As an alternative, the CONSULTANT may
require all Subconsultants to obtain insurance consistent with the attached schedules.
The CONSULTANT will not be permitted to commence work governed by this contract until
satisfactory evidence of the required insurance has been furnished to the COUNTY as specified
below. Delays in the commencement of work, resulting from the failure of the CONSULTANT to
provide satisfactory evidence of the required insurance, shall not extend deadlines specified in
this contract and any penalties and failure to perform assessments shall be imposed as if the
work commenced on the specified date and time, except for the CONSULTANT's failure to
provide satisfactory evidence.
The CONSULTANT shall maintain the required insurance throughout the entire term of this
contract and any extensions specified in the attached schedules. Failure to comply with this
provision may result in the immediate suspension of all work until the required insurance has
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been reinstated or replaced. Delays in the completion of work resulting from the failure of the
CONSULTANT to maintain the required insurance shall not extend deadlines specified in this
contract and any penalties and failure to perform assessments shall be imposed as if the work
had not been suspended, except for the CONSULTANTs failure to maintain the required
insurance.
The CONSULTANT shall provide, to the COUNTY, as satisfactory evidence of the required
insurance, either.
Certificate of Insurance
or
• A Certified copy of the actual insurance policy.
The County, at its sole option, has the right to request a certified copy of any or all insurance
policies required by this contract.
All insurance policies must specify that they are not subject to cancellation, non -renewal,
material change, or reduction in coverage unless a minimum of thirty (30) days prior notification
is given to the County by the insurer.
The acceptance and/or approval of the CONSULTANT's insurance shall not be construed as
relieving the CONSULTANT from any liability or obligation assumed under this contract or
imposed by law.
The Monroe County Board of County Commissioners, its employees and officials will be
included as "Additional Insured" on all policies, except for Workers' Compensation and
Professional Liablity.
32.2INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN COUNTY AND
CONSULTANT
Prior to the commencement of work governed by this contract, the CONSULTANT shall obtain
General Liability Insurance. Coverage shall be maintained throughout the life of the contract
and include, as a minimum:
• Premises Operations
• Personal Injury Liability
o Expanded Definition of Property Damage
Products and Completed Operations
• Blanket Contractual Liability
The minimum limits acceptable shall be:
$300,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$200,000 per Person
$300,000 per Occurrence
$200,000 Property Damage
BOCC August 20,2014(fieel 2)
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its
provisions should include coverage for claims filed on or after the effective date of this contract.
In addition, the period for which claims may be reported should extend for a minimum of twelve
(12) months following the acceptance of work by the County.
The Monroe County Board of County Commissioners shall be named as Additional Insured on
all policies issued to satisfy the above requirements.
32.3 VEHICLE LIABILITY INSURANCE REQUIREMENTS
Recognizing that the work governed by this contract requires the use of vehicles, the
CONSULTANT, prior to the commencement of work, shall obtain Vehicle Liability Insurance.
Coverage shall be maintained throughout the life of the contract and include, as a minimum,
liability coverage for:
• Owned, Non -Owned, and Hired Vehicles
The minimum limits acceptable shall be:
$300,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$200,000 per Person
$300,000 per Occurrence
$200,000 Property Damage
The Monroe County Board of County Commissioners shall be named as Additional Insured on
all policies issued to satisfy the above requirements.
32.4 WORKERS' COMPENSATION INSURANCE REQUIREMENTS
Prior to commencement of work governed by this contract, the CONSULTANT shall obtain
Workers' Compensation Insurance with limits sufficient to respond to the applicable state
statutes.
In addition, the CONSULTANT shall obtain Employers' Liability Insurance with limits of not less
than:
$100,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$100,000 Bodily Injury by Disease, each employee
Coverage shall be maintained throughout the entire term of the contract.
Coverage shall be provided by a company or companies authorized to transact business in the
state of Florida.
If the CONSULTANT has been approved by the Florida's Department of Labor as an authorized
self -insurer, the COUNTY shall recognize and honor the CONSULTANT's status. The
BOCC August 20,2014(fmal 2)
CONSULTANT may be required to submit a Letter of Authorization issued by the Department of
Labor and a Certificate of Insurance, providing details on the CONSULTANTs Excess
Insurance Program.
If the CONSULTANT participates in a self-insurance fund, a Certificate of Insurance will be
required. In addition, the CONSULTANT may be required to submit updated financial
statements from the fund upon request from the County.
Section 33. INDEMNIFICATION
Notwithstanding any minimum insurance requirements prescribed elsewhere in this Agreement,
the CONSULTANT covenants and agrees that he shall defend, indemnify and hold the
COUNTY and the COUNTY's elected and appointed officers and employees harmless from and
against (1) any claims, actions or causes of action, (ii) any litigation, administrative proceedings,
appellate proceedings, or other proceedings relating to any type of injury (including death), loss,
damage, fine, penalty or business interruption, and (Ili) any costs or expenses that may be
asserted against, initiated with respect to, or sustained by, any indemnified party by reason of,
or in connection with, (A) any activity of CONSULTANT or any of its employees, agents,
consultants in any tier or other invitees during the term of this Agreement, (B) the negligence or
willful misconduct of CONSULTANT or any of its employees, agents, CONSULTANTs in any tier
or other invitees, or (C) CONSULTANT's default in respect of any of the obligations that it
undertakes under the terms of this Agreement, except to the extent the claims, actions, causes
of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent
acts or negligent acts in part or omissions of the COUNTY or any of its employees, agents,
CONSULTANTs or invitees (other than CONSULTANT). Insofar as the claims, actions, causes
of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur
during the term of this Agreement, this section will survive the expiration of the term of this
Agreement or any earlier termination of this Agreement.
In the event the completion of the project (including the work of others) is delayed or suspended
as a result of the CONSULTANT's failure to purchase or maintain the required insurance, the
CONSULTANT shall indemnify the County from any and all increased expenses resulting from
such delay.
The first ten dollars ($10.00) of remuneration paid to the CONSULTANT is 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.
Notwithstanding anything in this contract to the contrary, the COUNTY agrees that
CONSULTANT's total liability to the COUNTY for any and all damages whatsoever arising out
of or in any way related to this Agreement from any cause, including but not limited to gross
negligence, errors, omissions, strict liability, breach of contract or breach of warranty shall not,
in the aggregate, exceed fees paid to CONSULTANT. The foregoing limitation shall not apply to
(1) claims of infringement, or (2) claims of personal injury or damage to tangible property arising
out of CONSULTANT's negligence or willful misconduct.
In no event shall CONSULTANT be liable for special, indirect, incidental, economic,
consequential or punitive damages, including but not limited to lost revenue, lost profits,
BOCC August 20,2014(fine12)
replacement goods, loss of technology rights or services, loss of data, or interruption or loss of
use of software or any portion thereof regardless of the legal theory under which such damages
are sought even if CONSULTANT has been advised of the likelihood of such damages, and
notwithstanding any failure of essential purpose of any limited remedy.
Section 34. INDEPENDENT CONTRACTOR
At all times and for all purposes hereunder, the CONSULTANT is an independent
CONTRACTOR and not an employee of the Board of County Commissioners. No statement
contained in this Agreement shall be construed so as to find the CONSULTANT or any of
his/her employees, contractors, sub -consultants, servants or agents to be employees of the
Board of County Commissioners for Monroe County. As an independent contractor the
CONSULTANT shall provide independent, professional judgment and comply with all federal,
state, and local statutes, ordinances, rules and regulations applicable to the services to be
provided.
The CONSULTANT shall be responsible for the completeness and accuracy of its work, plan,
supporting data, and other documents prepared or compiled under its obligation for this project,
and shall correct at its own expense all significant errors or omissions therein which may be
disclosed. The cost of the work necessary to correct those errors attributable to the
CONSULTANT and any damage incurred by the COUNTY as a result of additional costs
caused by such errors shall be chargeable to the CONSULTANT. This provision shall not apply
to any maps, official records, contracts, or other data that may be provided by the COUNTY or
other public or semi-public agencies.
Section 36. DELAY
The CONSULTANT agrees that no charges or claims for damages shall be made by it for any
delays or hindrances attributable to the COUNTY during the progress of any portion of the
services specified in this contract. If possible, such delays or hindrances, if any, shall be
compensated for by the COUNTY by an extension of time for a reasonable period for the
CONSULTANT to complete the work schedule. Such an Agreement shall be made between the
parties based on funding availability.
Section 36. EXHIBIT C
EXHIBIT C is appended hereto as a response to questions posed to the CONSULTANT by
COUNTY. If there is a change to personnel listed in item 2, CONSULTANT shall notify
COUNTY. Replacement personnel shall have the same or equal qualifications.
BALANCE OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE TO FOLLOW
BOCC August 20,2014(final 2)
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the
day of 691%( 4' 2014.
MONROE COUNTY
MY HEAVILIN, CLERK
�E COUNTY, FLORIDA
De uty Clerk
ane's'"s
III /
Print Name
BOARD OF COUNTY COMMISSIONERS
By
M yor/Ch rman
THE TRUST FOR PUBLIC LAND
Signature rr
Ray ChrAman, Division Director
r
STATE OF o t
COUNTY OF v
On this �°S day of5 M� 4 20 %IL' ,, before me, the undersigned notary public, personally appeared
Ray
a Christman Division Dhtor of The Trust for Public Land who states he is authorized to execute this
document, and is known to me to be the person whose name is subscribed above or who produced
as identification, and acknowledged that he is the person who executed the
documenVabove for the purposes therein contained.
Name
My commission expires:
KAgE7A5CLARM
NoFulStatrgle
My Comm s Dee 7, U15
BOCC August 20,2014(finW 2)
Seal
MONROE COU A( ATTORNEY
APPFH �VED S TO FORM
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TPL GIS Analysis for Conservation Ac uisition Priorities in Monroe County, Florida
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Conservation Finance Project Description
Feasibility Research $6,000
The Trust for Public Land will complete a research report identifying and analyzing a range of
options for increasing funding for acquisition including but not limited to sales tag,
establishing a special taxing authority utilizing ad valorem tax, and other methods for Monroe
County to fund land acquisition. TPL will examine and produce written documents outlining
the legal framework, the revenue -raising capacity, fiscal impact to government budgets and
taxpayers, and steps for implementation of these options.
This research will provide a fact -based reference document to be used as a shared information
source and frame of reference for Monroe County to evaluate the advantages and
disadvantages of various financing mechanisms.
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Conservation Vision Project Description
TPL will conduct an analysis, using GIS, to assist Monroe County in developing a tiered
classification system for the County's vacant private land. The analysis will determine
Conservation Acquisition Priorities by assessing habitat conditions and development
constraints on each parcel based on the following criteria:
I. Wetland type, degree of disturbance (if known), and extent
2. Submerged land
3. TIP (Incidental Take Permit) for marsh rabbit habitat
4. Upland native habitat
5. Tier I, II, IIIA, III Assessments
6. Species Focus Areas
7. Species Focus Areas buffer areas
8. Florida Forever Project boundaries and Essential Parcels Remaining
9. CBRS areas
10. Sea Level Rise inundation levels
11. FEMA V zones
12. Canal frontage
13. Infrastructure facilities - paved roads, potable water, and electricity
14. Parcel size
15. Military base compatibility (including up to 10 compatibility subfactors)
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TPL GIS Analysis for Conservation Acquisition Priorities in Monroe County, Florida
Using the criteria listed above, parcels will be ranked to reflect Conservation Acquisition
Priorities. The Trust for Public Land proposes to carry out this work for Monroe County
according to the following tasks:
The Trust for Public Land will work with Monroe County Planning and Environmental
Resources staff to characterize each of the criteria listed above to determine best available data
sources, and assessment methodologies for prioritizing the criteria. Data inventory, data
sources, assessment methodologies, and prioritization strategies will be recorded in matrix
format to be used as a blueprint for GIS analysis implementation.
tables:
• Draft criteria matrix with detailed data inventory, sources, methodologies, and prioritization
strategies for each criterion listed above.
Task 2 Data Transfer - S5,26
The Monroe County Planning and Environmental Resources Department will transfer digital
GIS data in shapefile, geodatabase and/or raster format to The Trust for Public Land for the
Conservation Acquisition Priorities analysis. Monroe County will provide TPL with:
• A GIS parcel dataset containing approximately 8000 private vacant lands in
unincorporated Monroe County, already extracted from the County's full parcel
dataset.
• GIS datasets sufficient to characterize and substantiate each of the criteria listed
above, as detailed in the draft criteria matrix.
Is Metadata for interpreting each of the GIS datasets provided.
The Trust for Public Land will review and validate the data provided with respect to the
methodologies and analysis strategies defined in the draft criteria matrix created in Task 1.
Data preprocessing will be performed as required. The draft criteria matrix will be updated to
reflect actual data formats and content
a Refined criteria matrix detailing actual data transfer inventory with regard to the identified
analysis criterion.
The Trust for Public Land will provide digitization services for translating PDF or JPEG
maps of Naval Air Station Key West (NASKD) restricted zones into GIS digital data formats,
if GIS layers do not exist Monroe County Planning and Environmental Resources staff will
provide guidance on interpreting Military Base Compatibility constraints and requirements.
Deliverables:
• GIS digital data for NASKW restricted zones, sufficient for incorporating into GIS
conservation priorities analysis.
BOCC August 20 2014(final 2)
TPL GIS Analysis for Conservation Acquisition Priorities in Monroe County, Florida
The Trust for Public Land will construct GIS conservation priorities models to assess habitat
conditions and development constraints as outlined in the assessment criteria detailed in the
criteria maths. Monroe County Planning and Environmental Resources staff will provide
guidance on addressing data gaps and assigning confidence ratings, where existing datasets are
insufficient to characterize the desired criteria. TPL will provide draft conservation priorities
analysis results in GIS format for review and confirmation by Monroe County Planning and
Environmental Resources staff. TPL will refine models as required based on feedback from
Monroe County.
Deliverables:
• Draft conservation priorities analysis results in' GIS format for review and confirmation by
Monroe County Planning and Environmental Resources staff.
• Refined criteria matrix reflecting data gaps and assigned confidence ratings.
Using the priority analysis model results above, The Trust for Public Land will digitally score
each parcel record for the approximately 8000 private vacant lands in unincorporated Monroe
County according to the assessment criteria. Monroe County Planning and Environmental
Resources staff will assist TPL in developing an appropriate tiered classification system for
parcel ranking and scoring.
Deliverables
• A GIS parcel shapefile of private vacant lands in unincorporated Monroe County with
assessment and tiered classification results.
Refined criteria matrix detailing tiered classification system used for parcel ranking and
scoring.
Task 6. Statistical Results Re op rtin' g - $4,275
The Trust for Public Land will prepare statistical results that surnrnarize number of private
vacant properties within each classification tier. Monroe County Planning and Environmental
Resources staff will provide guidance on format required for statistical results reporting.
Deliverables:
• Statistical report that summarizes number of private vacant properties within each
classification tier.
Task 7, Analysis Results Delivery - $476
• TPL will prepare an MS Excel workbook with assessment and tiered classification for
each vacant parcel, to facilitate detailed review, sorting, query, of assessment results.
Deliverables:
• An MS Excel workbook with assessment and tiered classification results for each vacant
parcel, to facilitate detailed review, sorting, query, of assessment results.
• Final criteria matrix detailing data sources, analysis methodologies, and scoring rationale.
BOCC August 20 2014(finW 2)
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TPL GIS Analysis for Conservation Acquisition Priorities in Monroe County, Florida
Task B. (Ojgdonall CIS Data -Driven Resort Template - $1098
If desired, The Trust for Public Land will assist Monroe County Planning and Environmental
Resources staff in producing formatted, PDF property profile reports by creating a GIS data -
driven report template for ArcGIS 10.1 for automated property report generation. Monroe
County Planning and Environmental Resources staff will provide guidance on format required
for the GIS report template.
Deliverables•
• A GIS data -driven report template for ArcGIS 10.1 for generating property -specific reports
related to this assessment
The total cost for providing the Conservation Finance Feasibility Research is $6,000.
The total cost for providing the services contained in the Feasibility Research and
Tasks 1 thru 7 is $42,360. Optional Task 8, would increase the total budget amount to
$43,458. This budget includes all TPL staff and consultant costs, and other expenses.
BOCC August 20 2014(final 2)
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TPL GIS Analysis for Conservation Ac uisition Priorities in Monroe County, Florida
Schedule
TPL►s proposed schedule for carrying out the services described above, assuming County
Commission approval of this proposal in August 2014, is as follows:
September 2014 —
Conservation Finance Feasibility Research and
Criteria Matrix Development and Data Transfer
(Completion of Tasks 1 & 2)
2. October -December 2014 — Digitization of NASKW restricted zones and Criteria
Analysis and Data Gaps Identification
(Completion of Tasks 3 & 4)
3. January 2015 — Parcel Tagging, Scoring, and Classification
(Completion of Tasks 5)
4. February 28, 2015 — Statistical Results Reporting, Analysis Results Delivery, and
(Optional) GIS Data -Driven Report Template
(Completion of Tasks 6, 7 & 8)
5. All tasks must be completed no later than March 31, 2015.
BOCC August 20 2014(fina12)
Exhibit C
The Trust for Public Land
Conservation Finance/Conservation Visioning Proposal for Monroe County, Florida
1. What is the name of the contracting entity? Will Monroe County be working with a separate
entity within TPL?
The contracting entity will be: The Trust for Public Land, a 501(c) (3) organization
2. What are the names of the people who will be working with Monroe County? Please provide
bio or qualifications.
The following TPL staff members will be working directly on the project, with assistance
from additional staff members who work in research and support positions:
Rav Christman, Sr. Vice President
Mid -South Division Director
Ray Christman has over 30 years of experience working in the fields of urban development,
conservation, affordable housing and financial services. In this regard, he has served in senior
level positions in the for -profit, non-profit, and governmental sectors.
Ray began his career, after earning a Master's Degree in Urban and Regional Planning, with the
Pittsburgh -based Western Pennsylvania Conservancy, one of the largest local land trusts in the
country, working on land acquisition and land use policy. He subsequently worked for several
Pittsburgh area not -for -profits that were involved in the redevelopment of Pittsburgh and its
economy.
Ray also served during the 1980s and 1990s as Executive Director of the Urban Redevelopment
Authority of Pittsburgh, the City of Pittsburgh's development agency, and for four years as
Secretary of Commerce for Pennsylvania in the administration of Governor Robert Casey.
Ray spent nearly 15 years in the financial services sector working in the Federal Home Loan
Bank system, first as Chairman of the Pittsburgh Federal Home Loan Bank and then as President
and CEO of the Atlanta Federal Home Loan Bank.
After retiring from the Home Loan Bank system in 2007, Ray returned to work related to
consulting and non-profit management. He managed former Atlanta Mayor Shirley Franklin's
major transit expansion initiative, and provided consulting services to a number of local and
national non -profits. He served for two years as Director of the Livable Communities Coalition
of Metro Atlanta, a consortium of more than 50 organizations whose mission is to advocate for
and promote smart growth and sustainable development policies and practices.
In 2011, Ray joined The Trust for Public Land as Senior Vice President and Division Director
for the Mid -South Division.
Ray has an undergraduate degree in Business from Florida State University and a Master's
Degree in Urban and Regional Planning from the University of Pittsburgh.
William W. Abberser, Director
Conservation Finance
Will is Director of TPL's national Conservation Finance Program, helping state and local
governments and citizen groups throughout the United States gauge public support for open
space and craft ballot and legislative measures that generate new sources of funding for land
conservation. Will led TPL's efforts to secure legislative approval in 1999 of the Florida Forever
Act, the nation's largest legislatively enacted state conservation land acquisition program. He
was also actively involved in helping to design and win voter approval in 2008 for the Minnesota
Clean Water, Land, and Legacy state constitutional amendment, the nation's largest land
conservation ballot measure. He has been directly involved in more than seventy local and state
land conservation ballot measures and numerous legislative campaigns. In his nineteen years
with the Trust for Public Land, Will's responsibilities have also included serving as associate
director for Conservation Finance in the eastern United States, directing Florida Programs for the
Florida Office, directing the Conservation Services program for TPL's nine -state Southeast
Region, and directing TPL's Southeast Land Trust program.
Before coming to the Trust for Public Land, he served as Associate with World Wildlife Fund's
Successful Communities Program in Washington, D.C.; Field Representative for the Successful
Communities Program in Florida, in partnership with 1000 Friends of Florida; and Senior
Cabinet Aide for environmental affairs in the Florida Treasurer's office. He is also a former
employee of the natural resources unit of the Florida Governor's Office of Planning and
Budgeting.
Will received a Master's degree in Urban and Environmental Planning from the University of
Virginia, School of Architecture, where he worked for the University's Institute for
Environmental Negotiation, and a B.A. in English from Davidson College.
Breece Robertson, National GIS Director
Breece Robertson is the National Geographic Information Systems (GIS) Director for The Trust
for Public Land. Ms. Robertson joined The Trust for Public Land in 2001 to create a
comprehensive, coordinated GIS program for the national land conservation organization. Today
she provides leadership for the trust's Enterprise GIS program that is the leading provider of
"Land for People" science in the country. Ms. Robertson manages a cutting -edge team of GIS
staff and consultants nationwide. The team works on projects ranging from city and county open
space plans to multijurisdictional modeling efforts that cover a wide range of "Land for People"
issues like park system analyses, health disparities, storm water management, climate change
issues, wildlife protection, protecting clean drinking water and connecting communities.
The Trust for Public Land's ConservationVision and GIS service weds community engagement
to cutting -edge data and mapping technologies to help cities and communities create informed,
forward -looking park and conservation plans. Esri, the world's leading manufacturer of
geographic information system (GIS) technology, twice has honored our GIS service for
innovation in helping communities meet park and conservation goals. In 2006, The Trust for
Public Land was awarded the Esri Special Achievement in GIS award and in 2012, the "Making
a Difference" award — a prestigious presidential award. Ms. Robertson presents at conferences
annually around the country and is featured in and has authored many publications. Ms.
Robertson graduated from Appalachian State University with a Masters degree in Geography and
Planning.
Brenda McClvmonds, Senior Program Director
South Florida
Brenda McClymonds joined The Trust for Public Land in 1991, and has worked on many of
South Florida's signature conservation efforts, including preserving Snake Warrior's Island, the
first Seminole settlement in South Florida, which is now a 53-acre park in Broward County, and
leading the effort to save the Miami Circle, a 2000-year-old archaeological site at the mouth of
the Miami River in downtown Miami. She launched the planning of the Miami River Greenway
project in 1999, secured a $2.5 million grant from the Knight Foundation for the project, and
used the private funds to leverage over $7 million in public funds for the construction of the
greenway.
Representing the Conservation Finance Program of TPL, Brenda spearheaded the passage of a
$200 million bond referendum for parks in Miami -Dade County in 1996 and a successful $400
million parks and land preservation bond measure in Broward County, Florida in 2000. Brenda
worked on additional successful conservation finance measures in South Florida, including in
West Palm Beach and St. Lucie County.
Beginning in 2004, Brenda served as the Director of Philanthropy for the Southern Division of
The Trust for Public Land, leading the effort to restore 50 acres of City Park in New Orleans
after Hurricane Katrina by raising $2.5 mullion in private funds to fund the design and
construction of the beloved park. Beginning in January, 2012, she is re -focusing on South
Florida as a Senior Urban Program Director.
Brenda has a Juris Doctorate Degree from Nova University School of Law.
3. Current financial statement
Attached in a pdf
4. Statement of type of corporation and where incorporated.
Attached in a pdf
5. Names of current Officers and Directors:
OFFICERS
William B. Rogers, President and Chief Executive Officer
Adrain Benepe, Senior Vice President and Director of City Park Development
Margie Kim Bermeo, Senior Vice President and Chief Philanthropy Officer
Ray Christman, Senior Vice President and Division Director
Sean Connolly, Senior Vice President and Chief Marketing Officer
Ernest Cook, Senior Vice President and Director of Conservation Strategies
Jeff Danter, Senior Vice President and Division Director
Kathy DeCoster, Vice President and Director of Federal Affairs
M. Holly Haugh, Senior Vice President, General Counsel and Secretary
Roger Hoesterey, Senior Vice President and Division Director
Cynthia Scherer, Senior Vice President, Chief Financial Officer and Treasurer
Brenda J. Schick, Vice President and Director of Conservation Transactions
Barbara Smith, Vice President and Director of Human Resources
Board of Directors
Page Knudsen Cowles (Chair), Stephen W. Baird, George Bell, William J. Cronon, George P.
Denny III, Douglas Durst, F. Whitney Hatch, Caroline P. Niemczyk, Michael E. Patterson,
Thomas S. Reeve, Roy Richards, Jr., William B. Rogers (ex officio), Ron Sims, Sheryl Crockett
Tishman, F. Jerome Tone, Susan D. Whiting.
6. Number of years in operation doing this scope of work.
The Trust for Public Land was founded in 1972. While The Trust for Public Land worked
on several earlier conservation measures, such as the campaign to preserve the Key West
Bight, the Conservation Finance program was officially begun in 1996.
7. Within the last five years, has the corporation or any of its officers and directors been in
litigation, been a party in a lawsuit, arbitration, mediation concerning similar services that are to
be provided to Monroe County?
No.
8. Are there any judgments, claims, arbitration proceedings or suits pending or outstanding
against the entity, its principals or any entity previously owned, operated or directed by any of its
officers, directors, etc. If yes, provide details.
The Trust for Public Land: Litigation Summary — as of 11-5-13
Quinones v. SEN, The Trust for Public Land, etal (New York State Court)
❑ Personal injury case related to injury on a playground which TPL renovated.
• In discovery phase.
• Our counsel is planning to bring a Motion for Summary Judgment as soon as the Court
allows.
Rountree v. Bronx Land Trust, City of New York and The Trust for Public Land (New
York State Court)
❑ , Claim of injury due to a fall in a community garden. At the time, the property was
owned by TPL and licensed to the Bronx Land Trust.
• In discovery phase.
SOAL, etal v. County of Santa Cruz and Coast Dairies and Land Company (CDLC) (a
supporting organization to The Trust for Public Land)(California State Court)
• Suit brought against the County of Santa Cruz to require a coastal development permit
(CDP) before CDLC divides its land to transfer a portion to the federal Bureau of Land
Management, and for injunction against TPL/CDLC to prevent such land division and
land transfer without a CDP
• Several causes of action have been dismissed and the dismissals upheld by the appellate
court.
• On October 21, 2013, the judge ruled in favor of CDLC on the remaining cause of action
related to the California Subdivision Map Act.
9. Has the entity failed to complete work pursuant to a contract of a similar nature.
No.
10. Three customer references and telephone numbers:
Joyce Shanahan
City Manager
City of Ormond Beach
22 S. Beach St.
Ormond Beach, FL 32174
386-676-3200
,Jgyce shanahan ormondbeach.om
Patty Kennedy
Executive Director
Beaufort County Open Land Trust
1001 Bay Street
P.O. Box 75
Beaufort, SC 29901
843-521-2175
pay. ttt_y_(aooeniandtrust com
Peter Sordno
Assistant Vice Chancellor
Washington University In St. Louis
Campus Box 1044
One Brookings Drive
St. Louis, MO 63130
314-935-3986
psortina@wust.edu
Respectfully submitted by:
Ray Christman, Sr. Vice President