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Item C24 , County of Monroe '' � ` BOARD OF COUNTY COMMISSIONERS `�"e 4'4 t.- Mayor Heather Carruthers,District 3 The Florida Keys zd © •a Mayor Pro Tern Michelle Coldiron,District 2 d li Craig Cates,District 1 �` David Rice,District 4 ,�c Sylvia J.Murphy,District 5 DAVID P.RICE,COMMISSIONER 9400 Overseas Highway, Suite 210 - Marathon Airport Terminal Building Marathon,FL 33050 O 305.289.6000 E boccdis4@monroecounty-fl.gov Interoffice Memorandum Date: February 12, 2020 To: Kevin Madok, Clerk of the Court County Clerk's Office From: Commissioner David Rice, District 4 RE: NOTICE OF VOTING CONFLICT Per Florida Statute 112.3143, I hereby disclose by written memorandum that I will abstain from the vote on certain issues brought before the Monroe County Board of Commissioners with entities with which I am involved. I will abstain from the vote on issues concerning the following entities: Guidance Care Center,Inc., a private, not-for-profit entity, which receives some of its operational funding from the County, as I currently sit on the Board of Directors of the Guidance Care Center. I am also a member of the Board of the Historic Florida Keys Foundation,Inc. At the February 19,2020 BOCC meeting,I will abstain from the vote on item(s): #C.24 Copy of agenda item listing from the Revised Agenda for each of the referenced item(s)is included for documentation. , ATT:• State Form 8B Memorandum of Voting Conflict for County,Municipal,and Other Local Elected Officers FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME—FIRST NAME—MIDDLE NAME NAME OF BOARD,COUNCIL,CpMMISSION,AUTHORIOA COMMITTEE L RC-E i0 Or4V Pig YWE 1O()rya (ouln' O Q a'Lo omrnr °oars MAILING ADDRESS THE BOARD,COUNCIL,COMMIS.ION,AUTHORITY OR COMMITTEE ON 33 d c 4 b( j"d_ Ln . WHICH I SERVE IS A UNIT F: (i CITY COUNTY ❑CITY .000NTY 0 OTHER LOCALAGENCY ara_LI-kanfYl • MB nroo— NAME OF POLITICAL/1SUUBDIVISII N:� • DATE ON WHICH VOTE OCCURRED r 1 MO n OOa Ulu n (!/j MY POSITION IS: ELECTIVE 0 APPOINTIVE • WHO MUST FILE FORM 86 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing and filing the form. . • • • INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which would inure to his or her special private gain or loss. Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on • a measure which would inure to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent, subsidiary, or sibling organization of a principal by which he or she is retained);to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies (CRAs)under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law.A"business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner,joint venturer, coowner of property, or corporate shareholder(where the shares of the corporation are not listed on any national or regional stock exchange). * * * * * * * # # # # * # ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: • • Although you must abstain from voting in the situations described above, you are not prohibited by Section 112.3143 from otherwise participating in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE.THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: You must complete and file this form (before making any attempt to influence the decision)with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on page 2) CE FORM 8B-EFF. 11/2013 Adopted by reference in Rule 34-7.010(1)(f),F.A.C. PAGE 1 • APPOINTED OFFICERS (continued) • • .A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • • • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of The meeting,who must incorporate the form in the minutes.A copy of the form must be provided immediately to the other members of the • agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST ,Oavi , hereby disclose that on f -1Jr-U C�� l ct , 20 2 (a)A measure came or will come before my agency which (check one or more) Ai(p • inured to my special private gain or loss; . inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, • inured to the special gain or loss of , by whom I am retained;or inured to the special gain or loss of ,which is the parent subsidiary,or sibling organization or subsidiary of a principal which has retained.me. 011 he measure before my agency and the nature of my conflicting interest in the measure is as follows: I currently sit on the Board of Directors of the Guidance Care Center, Inc. I am also a member of the Board of the Historic Florida Keys Foundation, Inc. SEE ATTACHED AGENDA ITEM SUMMARY 24 • If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer, who is also an attorney, may comply with the disclosure requirements of this section by disclosing the nature of the interest in such a way as to provide the public with notice of the conflict. • • (2-1 22C! • Date Filed Signature • NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES§112.317,IA FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. • CE FORM 86-EFF. 11/2013 PAGE 2 Adopted by reference in Rule 34-7.010(1)(f),F.A.C. C.24 Co ��Monroe ;r ' BOARD OF COUNTY COMMISSIONERS lrl Mayor Heather Carruthers,District 3 The Florida.Keys � m���� ���� Mayor Pro Tem Michelle Coldiron,District 2 1 Craig Cates,District 1 David Rice,District 4 ` Sylvia J.Murphy,District 5 County Commission Meeting February 19, 2020 Agenda Item Number: C.24 Agenda Item Summary #6555 BULK ITEM: Yes DEPARTMENT: Budget and Finance TIME APPROXIMATE: STAFF CONTACT: Janet Gunderson (305) 292-4470 None AGENDA ITEM WORDING: Approval of an Agreement with Guidance/Care Center for a capital improvement project for Security and Facility upgrades to the Baker Act Receiving Facility in an amount not to exceed $200,000. ITEM BACKGROUND: In the establishment of the 2020 State Legislative priorities under section Health, Mental Health, Social Services and Emergency Medical Services (page 16), the Monroe County Board of County Commissioners pledged to support efforts to secure state financial assistance (i.e., legislative appropriation)to make necessary upgrades to the Guidance/Care Center facility that serves as Monroe County's Baker Act Receiving Facility. PREVIOUS RELEVANT BOCC ACTION: On September 18, 2019 the Board of County Commissioners adopted the Annual Operating & Capital budget for Fiscal Year 2020. On August 21, 2019 the Board of County Commissioners approved the Monroe County 2020 Legislative Agenda. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval DOCUMENTATION: 1-pager 2020 Legislative Priorities 2020-Monroe-County-State-Leg-Agenda--FINAL-APPROVED FY2020 CFK Upper Keys Center_FINAL03 FINANCIAL IMPACT: Effective Date: 02/19/2020 Expiration Date: 09/30/2020 Packet Pg.648 C.24 Total Dollar Value of Contract: $200,000 Total Cost to County: $200,000 Current Year Portion: $200,000 Budgeted: Yes Source of Funds: 304 CPI: N/A Indirect Costs: N/A Estimated Ongoing Costs Not Included in above dollar amounts: N/A Revenue Producing: N/A If yes, amount: Grant: N/A County Match: N/A Insurance Required: Yes Additional Details: 02/19/20 304-24000 - GEN GOVT CAP PROJECTS $200,000.00 G/CC Designated Receiving Facility REVIEWED BY: Christina Brickell Completed 02/03/2020 8:45 AM Christine Limbert Completed 02/03/2020 4:22 PM Maria Slavik Completed 02/04/2020 8:51 AM Kathy Peters Completed 02/04/2020 1:59 PM Board of County Commissioners Pending 02/19/2020 9:00 AM Packet Pg.649 C.24.a MONROE COUNTY BOARD OF COUNTY COMMISSIONERS THE FLORIDA KEYS AREA OF CRITICAL STATE CONCERN 2020 STATE LEGISLATIVE PRIORITIES FLORIDA KEYS STEWARDSHIP ACT Pursuant to the Florida Keys Stewardship Act: Support$20M appropriation to construct water quality projects in the Florida Keys. (*Local Commitment: $7M in local funding expended, and commitment of$20M in County RESTORE funding.) Support$5M appropriation within Florida Forever for land acquisition within the Florida Keys that will both retire 80 development rights AND conserve environmentally sensitive land. (*Local Commitment: $12M in local funding committed.) L STATE-COUNTY PARTNERSHIP ON TAKINGS JUDGMENTS Support legislation that codifies a shared 50%-50% apportionment of State-County responsibility for takings judgments (a consequence of state-designated Area of Critical State Concern, growth limitations, and hurricane evacuation requirements) and protects property rights by providing a more expedient and certain process for a recovering the compensation due to property owners whose property a Court has determined has been taken as a result of State-imposed growth limits. CITIZENS WIND INSURANCE Support legislation to reduce Monroe's annual wind insurance 10% rate increase glide path recognizing that CL Monroe County pays the highest Citizens premium rate in the State despite having the strongest building code in the _ State. a VACATION RENTAL REGULATIONS Support legislation (including local bill) that provides a permanent "carve out" for Monroe County from preemptive vacation rental regulations to enable the County to amend/update its vacation rental regulations in U) order to preserve its supply of workforce housing; or legislation that would allow local governments with grandfathered ordinances to amend and update their regulations without losing their grandfathered status. 2 VESSELS "° Support legislative efforts to reduce the number derelict vessels and ensure sufficient funding to remove and dispose of derelict vessels. Support $750,000 appropriation to support the County's vessel pump out program to protect the Florida Keys `CD D 04 National Marine Sanctuary waters. as ADDITIONAL APPROPRIATIONS AND ISSUES Support $500,000 appropriation for security and facility upgrades to Monroe County's Baker Act Receiving Facility. "° Support$3M appropriation for the construction of the Sugarloaf section of the Overseas Heritage Trail. Support State funding and legislation to encourage resiliency planning and hardening, to protect Florida's coral reef tract,and to support Everglades Restoration. "° Support efforts to support the development of affordable housing including funding avenues like tax credits awards for Florida Keys, SAIL funding, full appropriation of Sadowski Trust Fund. Contact information: Roman Gastesi,County Administrator,305-292-4441,gastesi-roman@monroecounty-fl.gov Lisa Tennyson,Dir.Legislative Affairs,305-292-4444,tennyson-lisa@monroecounty-fl.gov Packet Pg.650 C.24.b 1 L n CL irk , CL L r t} r k £ f�l W 0 CL CL tm — r a, ' tm Emiljyt r v L 1 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Office of Legislative Affairs AUgUSt 21, 203.9 Packet Pg.651 C.24.b Monroe County Board of County Commissioners State Legislative Priorities 2020 U M CD Mayor Sylvia Murphy, District 5 Mayor Pro Tern Danny Kolhage, District i Commissioner Michelle Coldiron, District 2 Commissioner Heather Carruthers, District 3 CO Commissioner David Rice, District 4 Mill 1671 ,ilylli"llilTllllll' IWI in, Mn Roman Gastesi CL House District 120: Representative Holly Raschein Senate District 39: Senator Anitere FloresCL W LU CL Florida Association of Counties Small County Coalition Southeast Florida Regional Climate Change Compact South Florida Regional Planning Association National Association of Counties Gulf States Counties and Parishes Caucus s� f U Page 1 Packet Pg.652 C.24.b . e REPORT AND DISCUSSION.............................................................................................. 3 STATE LEGISLATIVE PRIORITIES: LandAcquisition.............................................................................................. 5 Water Quality 6 Wind and Flood Insurance................................................................................ 7 Marine Protection (Derelict Vessels and Pump Out Program).......................... 8 AffordableHousing......................................................................................... io VacationRentals.............................................................................................. io Funding Sources:Tourist Impact Tax and Green Utility Fee.............................. io Overseas Heritage Trail (Sugarloaf Section and Pedestrian Bridges)................ ii Single Use Plastic Bags .................................................................................... ii Drilling/Fracking........................................................................................... ... 12 0 Everglades Restoration.................................................................................... 12 CL CoralReef Protection....................................................................................... 12 Resilience Hardening and Planning 12 Emergency Management.................................................................................. 12 Clerks'Funding/Judgeships............................................................................... 3.3 . . Florida Retirement System............................................................................... 3.3 Medical Marijuana................................................................................. 3.3 CL CL Home Rule, Unfunded Mandates, County Revenues .......................... 3.3 Appropriations...................................................................................... 14 GENERAL STATE LEGISLATIVE ISSUES: Growth Management/Environmental Regulation.............................................. 3.5 Emergency Management................................................................................... 3.5 Homelessness .................................................................................................... 3.6 Health, Mental Health, and Social Services.......................................................... 3.6 0 Libraries.............................................................................................................. 3.7 U Transportation.................................................................................................... 3.7 r- Veterans.............................................................................................................. 3.7 0 County Jails,Juvenile Justice............................................................................... 3.8 cV cv Sustainability/PACE/Recycling .......................................................................... 3.8 CONTACT INFORMATION ................................................................................................... ig Page 2 Packet Pg.653 C.24.b Monroe County Board of County Commissioners State Legislative Prioritises 2020 LEGISLATIVE AGENDA DEVELOPMENT Staff is seeking Board approval of the issues presented herein to be included in the County's 2020 State Legislative Program. Upon Board approval, staff and the contract lobbying teams will pursue all of the legislative issues approved bythe Board,and in so doing,place appropriate priority on the issuesthatthe Board directs to receive a special level of attention in 2020. Annually,the Board reviews legislative priorities and gives direction on and approval of priority legislative issues ca to guide the County's lobbying efforts at both the State and federal level. Typically, the County identifies as priorities only its most pressing issues and then supports the Florida Association of Counties (FAC) and the Small County Coalition (SCC) in achieving their broader substantive initiatives. FAC and SCC will finalize their CD C s legislative programs during the FAC legislative conference in November. Asa member of the Southeast Florida Regional Climate Compact, Monroe County works collaboratively to help develop the Compact's draft legislative program. When the Compact finalizes its draft agenda, it will be presented to the County Commission for approval. Each year, the BOCC and staff evaluate the trends and issues affecting all County programs and services to identify potential policy or substantive legislative issues. Staff has provided a list of substantive priorities and a CL list general issues that we should monitor for the 203.9 State legislative session; and welcomes the addition or deletion of issues that the Board deems appropriate for the County's 2020 legislative efforts. LEGISLATIVE PRIORITIES The County's legislative efforts are incremental and focused on issues that are built upon throughout several sessions, such as funding for water quality infrastructure and land acquisition, and protecting Citizen's wind insurance affordability;these will continue to be legislative priorities in the 2020 session. CL CL The County's number one priority is to secure a $25M appropriation through the Florida Keys Stewardship Act (FKSA), of which $20M is to fund water quality projects and $5M is for land acquisition. The FKSA authorizes an annual $5M set-aside of Florida Forever funding for the next ten years, dedicated ; specifically to enable Florida Department of Environmental Protection to renew an aggressive land acquisition program in the Florida Keys. As the universe of development permits shrinks, and the County reaches "build out," there is a need to keep our State legislators mindful about the impacts and consequences of Monroe County's challenge of protecting both environmentally sensitive lands while balancing private property rights. The State of Florida, having designated the Florida Keys as an Area of Critical State Concern, is a partner with Monroe County in this challenge and we continue to work closely with the State's ACSC oversight agency,the Department of Economic Opportunity (DEO) on these issues, and the State's main environmental regulatory agency,the Department of Environmental Preservation. 0 Monroe County and the State are facing the first joint takings judgement in the Galleon Bay case. With this judgement,the cost of takings is no longer theoretical. County and State officials have been jointly defending the litigation and operating under the long standing assumption that the State would partner equally with the in the payment of the judgement, however, that assumption has not been formalized. The judgment was entered against the State and the County,jointly and severally, which means that each is fully responsible for `V payment. To that end,the County will seek an avenue for codifying thisjoint responsibility, clarifying that the County and the State are separately obligated to pay half of such judgments(including interest,attorney'sfees and costs). Page 3 Packet Pg.654 C.24.b Wind insurance affordability is yet another critical need for our constituents and a key component in preserving the Keys'strong local economythat is a valuable economic engine forthe State. Atthe State level,this requires working with and monitoring Citizens Property Insurance Company's windstorm insurance to find ways to enhance affordability,with the Office of Insurance Regulation to address annual rate increases, and to oppose `5 efforts to increase premiums, reduce coverage, and reduce eligibility. Affordable flood insurance is another important issue, but mainly a federal one. However, Monroe supports any efforts that may be made by State Legislature on behalf of the 3.8 million Floridians who are policyholders in the National Flood Insurance Program,to preserve the NFIP and affordable flood insurance. State and local investment in affordable housing construction and land acquisition remains a priority especially as we continue our post-Irma housing recovery. The spate of pre-emption bills introduced in recent legislative sessions such as those related to vacation rentals, ca single use plastic bags, business regulation, use of county rights of way,affordable housing,and local referenda represent a significant challenge to home rule. We expect these State legislative efforts to continue with respect to preemptions, revenue reductions, cost shifts and unfunded mandates. It is beneficial for the Board to be active participants in the legislative process by testifying on behalf of the County and working with the legislative delegation. Staff will continue to keep the Board involved in legislative issues through agenda items, resolutions, memoranda, FAC"Call to Action"emails, and regular updates. LOBBYING CONTRACTS CL The County utilizes contract lobbying services at the State level to further Monroe County's legislative goals and to secure vital appropriations. Monroe County currently contracts with Robert Reyes with Capital Group, John Wayne Smith of Peebles Smith (with a sub-contract with Dean Canon of Gray-Robinson), Frank c, Bernardino with Anfield Consulting,and Eduardo Gonzales with Sun City Strategies.These firms provide a daily presence in Tallahassee and advocate for the County's legislative priorities. LU Staff coordinates regularly with the County's State lobbying team by phone and e-mail to strategize on key State policy, regulatory, and budget issues. In addition to weekly conference calls during session, and weekly CL issues tracking, lobbyists also submit monthly reports, and formally report annually to the Board of County CL Commissioners. Please find on the following pages a listing of the proposed Monroe County 2020 State legislative issues, with a brief discussion on each. ; KEY DATES °3 202o Legislative Session September-November: Legislative Committee Weeks September 23: Local Delegation Meeting September 25-26: FAC Legislative Policy Conference November 20-22: FAC Legislative Conference January 14: Session Begins TBD: Keys Day March 3: Last Day for Committee meetings March 13: Session Ends 202o Election Calendar `V cv April 27-May is Qualifying for Candidates for Congress, State Attorney, Public Defender June 3.5-June ig: Qualifying for State Senate, State Representative August 25: Primary Election November3: General Election Page 4. Packet Pg.655 C.24.b Monroe County Board of County Commissioners Stag Legislative Priorities 2020 LAND ACQUISITION: BUILD OUT, LEGAL LIABILITY, CONSERVATION, MILITARY BUFFERS CHALLENGES: ➢ Area of Critical State Concern: The State of Florida designated the Florida Keys an Area of Critical State Concern, in recognition of its unique and significant environmental resources, and through the Administration Commission, the State maintains oversight of the growth and development issues in the Florida Keys. ➢ Hurricane Evacuation: State law limits residential housing growth in the Keys so that permanent residents L can be safely evacuated within 24 hours. U.S. i has limited capacity for cars on the road, which limits the CL number of people that can live here. The State accomplishes this through an annual rationing of building permits, until we reach a cap or"build out." — ➢ Development Permits:The State caps the total number of new building permits in the Keys. In 2013 that cap was set at 3,550. Each year, for the next ten years,the State allocates 355 permits to the Keys.We will reach build out in 2o2-4, after which there will be no more permits, and no further development will be permitted. C L_L ➢ Property Rights/Legal Liability:After we apply all of the available permits(3,550),there will still be 7,800 CL privately owned, undeveloped parcels, potentially with no ability to develop. The deficit of permits could trigger property rights lawsuits against the local governments and the State from owners who may have been denied the ability to build a home on their property. The total value of the remaining 7,800 parcels, and the liability of potential takings claims, is conservatively estimated at $317M. The County and the State have already been named as co-defendants in property rights suits filed as a result of ACSC regulations, and arejointly defending those suits. ➢ Conservation and Non-Conservation Lands: Florida Forever provides a programmatic funding source CL CL through which the State can acquire lands to retire development rights, as long as those properties are , conservation lands within the Florida Forever project boundaries. Of the 7,800 privately-owned, undeveloped properties that could be left without permits approximatelY3,400 lie within Florida Forever Ur - project boundaries. In 2o3.8, we secured legislative changes that authorizes the State to acquire non- conservation lands in ACSCto retire development rights. However,this type of acquisition requires a State funding source. ➢ Military Base Buffering: The Keys are home the U.S. Naval Air Station Key West. Approximately 50o of the 7,800 privately-owned, undeveloped parcels lie within NASKW's military buffer areas. In 2o3.8, we secured legislative changes that prioritized NASKW within the State's military buffer lands program, but the program requires greater State funding in order to acquire more base buffer land. UP ➢ LOCAL COMMITMENT: Since August 1, 2016, Monroe County has expended a total of$12.3M in local funds (a combination of infrastructure sales surtax and Monroe County Land Authority)to reduce this liability by acquiring land and retire the development rights.The County has an additional $7.1M budgeted. The State has expended $2.8M. To date, 229 development rights have been retired (168 by the County and 61 by the State). o 04 REQUESTED ACTIONS: Continue to work with in partnership with DEO and FDEP to fund and implement an CD 04 aggressive, long-term land acquisition strategy aimed at reducing the total inventory of privately owned vacant land to curtail the threat of significant future takings liability.This can be done through multiple routes: SUPPORT appropriation of$5M within Florida Forever as authorized in The Florida Keys Stewardship U Page 5 Packet Pg.656 C.24.b Act for land acquisition within the Florida Keys that will both conserve environmentally sensitive land and retire development rightsto mitigate future takings liability. SUPPORT efforts to codify a shared 50%-5o%apportionment of State-County responsibility on takings judgements. "° SUPPORT increased funding for Military Base buffering for State acquisition of buffer lands around NASKW that will protect base encroachment AND retire development rights to mitigate future takings liability. SUPPORT funding for State acquisition of non-conservation lands in ACSC to retire development rights and mitigate future takings liability. L WATER QUALITY PROTECTION: WASTEWATER TREATMENT, STORMWATER, CANALSCL �- CHALLENGES: ➢ Unique Ecosystem:The Florida Keys lie within the waters of the Florida Keys National Marine Sanctuary. This fragile and complex marine ecosystem of the Florida Keys is one of the unique ecosystems in the world and is home to the only living coral reef in the continental U.S. and the third largest barrier reef in the world,the largest sea grass meadow in the hemisphere,and 6,000 species of marine life. Leaching cesspits, CL runoff and degraded canal waters pollute the nearshores waters of the Sanctuary and threaten the ecosystem. CL ➢ Unrivaled Economic Impact: This ecosystem is the lifeblood of marine-based tourism and fisheries economy unrivaled in the State of Florida generating over$4B in economic activity, enabling the Keys to generate $225M in sales tax revenue for the State last year. ➢ Federal State Water Quality Mandates: The implementation of Advanced Wastewater Treatment standards,storm water management and canal water restoration in the Florida Keys are all pursuantto and in furtherance of the Federal Water Quality Protection Program mandates that apply to all of the waters CL CL surrounding the Florida Keys. Congress created the Florida Keys National Marine Sanctuary in iggo, and , directed US EPA and the State to develop a Water Quality Protection Program to restore and protect water quality. — ➢ Wastewater Implementation:The State,through Florida Administrative Code 28-20, mandated that The Florida Keys Area of Critical Concern construct a centralized wastewater treatment system in compliance with FS 383.and 4o3 across the span of the ioo+ mile archipelago. This has cost the local governments of the Florida Keys$9ooM.The State has invested $iooM in that system. ➢ Storm Water and Degraded Canal Waters: With wastewater treatment system improvements almost complete, the Keys must now address two remaining areas of water quality concern, storm water and degraded canal waters. Runoff and poor canal water leach into the nearshore waters of the Florida Keys National Marine Sanctuary and threaten its fragile ecosystem. Environmental testing has determined that many canals in the Keys have poor water quality that fall below the State water quality standards. 0 ➢ LOCAL COMMITMENT: 0 o County Funds: The Monroe County Board of County Commissioners expended $7M in local funds to conduct a Restoration Pilot Program, wherein we implemented a number of different restoration 04 CD technologies on seven different canals to determine the costs and benefits of each technique. 04 o RESTORE Act funds: The Monroe County Board of County Commissioners has committed all of its $20M in its RESTORE Act funds to Canal Restoration. Rage 6 Packet Pg.657 C.24.b Monroe County Board of County Commissioners Stag Legislative Priorities 2020 o Natural Resources Conservation Service Funds: The County secured a $4SM federal grant to remove hurricane-related debris from almost 200 canals. REQUESTED ACTIONS: SUPPORT a$2oM appropriation pursuant to The Florida Keys Stewardship Act(Chapter 2o3.6-225, Laws of Florida)to construct water quality projects in the Florida Keys. WIND INSURANCE AND FLOOD INSURANCE: AFFORDABILITY AND ACCESSABILITY CHALLENGES: CL L ➢ Wind insurance rates: Monroe's residential and commercial Citizens'wind insurance rates are the highest in the State. Monroe's premium rate 175%higher than the median coastal rate. Citizens Property Insurance Company provides wind insurance coverage for approximately go%of Keys'homes. High costs and limited coverage negatively impact our citizens, our workforce, our property values, and our economy. ➢ Monroe's building standards: Monroe County's building standards are among the most rigorous in the L State,yet this is not reflected in Citizens'rate calculations for Monroe. CL ➢ Modeling: Despite dramatic differences in projected losses for Monroe County from the various rating CL models, Citizens until this year used only the model most unfavorable to the County to apply statewide increases to Monroe. ➢ Premiums vs.Claims: Premiums charged by Citizens are not commensurate with actual risk. o From 2004-2oi8 Monroe paid in total more than a half billion dollars in premiums over claims. ➢ Affordability and Annual Glide path: Monroe's already high rates are compounded with annual Zo% CL increases. These costs exacerbate the County's housing cost crisis. Property insurance affordability is a key CL 15 component in preserving the Keys' strong local economy. The legislature recognized the importance of affordable property insurance, but Citizens has failed to apply an "affordability" definition or standard _ (beyond capping annual increases to io%.) o Citizens Property Insurance Corporation statute reads: "The absence of affordable property insurance threatens the public health, safety, and welfare and likewise threatens the economic health of the State. The State therefore has a compelling public interest and a public purpose to assist in assuring that property in the State is insured and that it is insured at affordable rates so as to facilitate the remediation, reconstruction, and replacement of damaged or destroyed property in order to reduce or avoid the negative effects otherwise resulting to the public health,safety,and welfare, to the economy of the State, and to the revenues of the State and local governments which are needed to provide for the public welfare." 0 ➢ Flood Insurance: Affordable flood insurance is another important issue, but mainly a federal one. Affordable flood insurance is provided through the National Flood Insurance Program (NFIP). With more NFIP policies than any other State, Florida has a lot at stake with the future of the program, and its , continued ability to provide flood insurance to Floridians at affordable rates. The majority of NFIP policies 04 belong to homes and businesses in the State's coastal communities;these coastal communities generate 04 8o%of the State's GDP. The County encourages the State Legislature to recognize the value of NFIP and the local and statewide economic benefits of affordable flood insurance and to ensure and support measures that preserve it. Page 7 Packet Pg.658 C.24.b REQUESTED ACTIONS: SUPPORT legislation that reduces Monroe's annual wind insurance rate increase maximum from io%to a COLA-based annual increase, recognizing Monroe's unique affordability issues, strong building codes and overall importance to the State of Florida. SUPPORT legislation to help lower premiums and annual rate increases by requiring Citizens to: o Apply mitigation credits that account for Monroe's rigorous building standards- o Apply an affordability definition or standard, per the statutory language mandating affordability. SUPPORT legislation to lowerwind insurance premiums on multifamily affordable units by re-categorizing them to"personal residential"from "commercial residential." OPPOSE legislation that limits the availability of Citizens'coverage (particularly in areas such as Monroe, where there is no reasonable degree of competition for windstorm insurance.) SUPPORT State legislative efforts that recognize the importance of affordable flood insurance to homeowners and local businesses, particularly in coastal communities,and to their local economies,which CL in turn contribute tremendously to the overall State economy; and that seek to address flood insurance premium rate hikes associated with changes to the National Flood Insurance Program. SUPPORT the legislative efforts of Fair Insurance Rates for Monroe (FIRM) related to both wind and flood insurance affordability and availability for Monroe County. L CL MARINE PROTECTION: CL DERELICT VESSELS AND PUMP OUT PROGRAM CHALLENGES: ➢ Derelict Vessels: Monroe County has the highest number of derelict vessels in the State. The generation of derelict vessels Statewide has been recognized by the Florida Legislature and FWC as posing significant navigational and environmental impacts to be addressed. In 203.4, the FWC held a series of workshops CL throughoutthe State to consider options forthe development of anchoring restrictions,acknowledging the CL issue of long-term anchoring (storage) of vessels, and recognizing that such vessels often degenerate to derelict condition. Consistent with FWC and Statewide goals, Monroe County supports legislation that: ; o Reducesthe number of derelict vessels, including specifically addressing long-term anchoring(storage) of vessels that often leads to degeneration and ultimately to derelict condition, and o Ensures sufficient funding to remove and dispose of derelict vessels, such as adding an additional surcharge to the vessel registration fee, both Statewide, and in Monroe County. ➢ Vessel Pump Out Water Protection Program: The pristine waters of the Florida Keys attract high numbers of boaters from all over the State and country. These waters are all part of the National Marine Sanctuary and are designated as a No Discharge Zone(NDZ)by DEP and the Sanctuary. Monroe County implemented a large-scale mobile vessel pump out program in 203.3to assist boaters in complying with the NDZ. o Monroe County requires occupied vessels to provide a"proof of pump out"and provides a weekly pump out service. This requirement in concert with the no-charge pump out service has ensured near i00% compliance with NDZ regulations. , o The program has captured over i million gallons of vessel sewage overthe past five years. 04 CD 04 o Monroe County supports this program through its Boater Improvement Funds, Clean Vessel Act funding, and direct legislative appropriations for the past three years.This funding makes it possible to provide the pump out service at no charge, which is highly effective at incentivizing boaters to pump out, and protecting the quality of waters and the marine ecosystem surrounding the Keys. Rage 8 Packet Pg.659 C.24.b Monroe County Board of County Commissioners Stag Legislative Priorities 2020 REQUESTED ACTIONS: SUPPORT statutory change that limits the storage of a vessel at anchor in one location on public waters of W the State to not more than 6o days. SUPPORT a $i surcharge on vessel registrations to be deposited into a State fund for the sole purpose of . derelict vessel removals, and an additional $i surcharge on all Monroe County vessel registrations to be retained for Monroe County and to be used solely forthe purpose of derelict vessel removals within Monroe County. SUPPORT a legislative appropriation of$750,000 to support the County's pump out program. SUPPORT continued Clean Vessel Act funding to Monroe County, and State efforts to secure higher level of CVA funding from U.S. Fish and Wildlife Service, and State appropriation for pump out services. OPPOSE further dilution of county authority to regulate vessels and waterways. CL AFFORDABLE HOUSING/POST-IRMA HOUSING RECOVERY CHALLENGE:The challenges facing citizens of finding and securing affordable housing in Monroe County are not new but have increased exponentially after the devastation from Hurricane Irma. The storm destroyed thousands of homes in the Florida Keys and compounded an already dire affordable housing market. CL Throughout our post-storm housing recovery,the State has been an active and engaged partner. DEO worked CL closely with Monroe as it developed the State plan forthe statewide allocation of CDBG-DR recovery funds. Its Plan reflects the County's specific housing recovery needs, and allocates$goM (including $1oM for acquisition and $25M for construction)to the local governments in Monroe to help address those needs. We are working closely with the State this year as we begin this work. As an "Area of Critical State Concern," Monroe is the only County to receive a special set aside in the State's competitive annual allocation of Housing Tax Credits. This set aside is usually sufficient to develop one CL affordable/ workforce rental project per year. However, the housing and displacement crisis created by CL Hurricane Irma has magnified the need for additional funding resources to rebuild affordable housing, restore the economy,and ensure the quality of life for these Keys communities. Staff works in partnership with Florida Housing Finance Corporation for awards of Tax Credits and SAIL funding, as well with DEO to highlight the importance of funding and other incentives to aid in our ongoing housing recovery and rebuilding efforts, and to address the County's affordable housing challenges. We are also hopeful that the State will work with and assist Monroe as we seek the legislative changes related to taxation relief for affordable rental housing and vacation rental regulation, to help ease the County's affordable housing crisis. REQUESTED ACTIONS: SUPPORT award of Tax Credits to Monroe County, and protection of the Florida Keys set-aside; SUPPORT award of SAIL funding to Monroe County; SUPPORT legislation to enable us to dedicate one of the Monroe's two currently unutilized Tourist Development Tax pennies for affordable housing for a period of two years; 04 SUPPORT legislationthat provides propertytax relief on residential propertiesthat provide long-term CD 04 affordable/workforce rental housing; and SUPPORT full appropriation of Sadowski Housing Trust Fund monies for affordable housing. Rage g Packet Pg.660 C.24.b VACATION RENTALS REQUESTED ACTIONS: SUPPORT legislation that provides a "carve out" for Monroe County from preemptive vacation rental regulations via the County's status as an Area of Critical State Concern to enable the County to amend/update our vacation rental regulations in order to increase supply of workforce housing. SUPPORT legislation that protects Monroe County's grandfathered vacation rental ordinances and that would allow local governments with grandfathered ordinances to amend and update their regulations without losing their grandfathered status. OPPOSE legislation that preempts local communities from regulating vacation rentals, and legislation that threatens grandfathered protections. CL FUNDING SOURCES FOR LAND ACQUISITION AND LAND MANAGEMENT:> TOURIST IMPACT TAX AND GREEN UTILITY FEE CHALLENGES: ➢ As an Area of Critical State Concern with a Land Authority, Monroe County is empowered to implement CL Tourist Impact Tax, a one-cent tax that is collected on transient accommodations. A half-penny of this tax funds land acquisition and the other half-penny goes to the County's general fund to offset the loss of ad CL valorem taxes due to those land acquisitions and to offset the impacts of tourism. For the Florida Keys, tourism is the most significant economic sector, creating jobs and bolstering the local economy. Tourism also increases the costs for public safety,sanitation,additional infrastructure and utilities like water, sewer, power, roads, bridges, sidewalks, lighting, parking, boat ramps, mooring fields, parks and beaches. It also increases the cost of living and the costs of land and housing, and places demands on the environment and the water quality. CL Monroe County implemented this Tourist Impact Tax in 3.988, and it has remained unchanged since then CL despite every increasing numbers of tourists. Additionally, given the challenge of land acquisition to mitigate the potential financial and legal liability — associated with the Keys'"build out"scenario in 2023, and the costs of addressing the impacts of climbing tourism numbers, Monroe County seeks a statutory change to increase this tax by an additional penny to generate additional revenue to meet these needs. This second Tourist Impact Tax penny will approximately generate an additional $4M for land acquisition, and $4M to general fund to offset impacts, annually. ➢ As the County acquires more land to address takings issues,the costs to manage that land will increase.The Green Utility Fee is an avenue for potential funding for these costs. Though the Green Utility Fee has been in statute for several years it has not yet been implemented by any local governments. Currently the statute limits the implementation of the GUFto local governments with populations over 500,000,this would require amending in order for Monroe to be able to avail itself of this option. Fees collected is on a voluntary basis c� and would require a local referendum or an individual opt-in, and an ordinance. 0 REQUESTED ACTIONS: 04 SUPPORT a statutory change (125.oio8, FS)to add one-cent to the Tourist Impact Tax. CD 04 SUPPORT a statutory change(369.255)to lowerthe population eligibility criterion to enable Monroe to avail itself of this funding opportunity should the Board of County Commissioners determine in future years to utilize it. Rage 10 Packet Pg.661 C.24.b Monroe County Board of County Commissioners State Legislative Priorities 2020 OVERSEAS HERITAGE TRAIL: PEDESTRIAN BRIDGES AND SUGARLOAF'SECTION CHALLENGES: ➢ Sugarloaf Segment of OHT:The segment of the trail required redesign because the former design did not include work to mitigate erosion that occurred along shoreline during storms. FDOT funded the design in FY 3.8, with $740,000 in Transportation Alternative Program (TAP) funds. The design is underway. The focus now is on funding the construction,which is estimated to cost approximately s8-3.oM.The project is being designed so that it can be easily divided into three or four construction contracts as it may be easier to secure smaller funding amounts and complete the project in phases rather than all at once (ie, s3M per phase forthree phases). FDOT's SUN Trail Grant Program is a possible source of funding; FDEP must make application to FDOT. FDEP could also include the funding in its departmental legislative budget request. FDOT could include the funding in its 5 Year Work Program. TAP funding is not a viable funding option CL since its limited to a s3.M/yr for three years. ➢ Pedestrian/Fishing Bridges: These bridges are an essential part of the Florida Keys Overseas Heritage Trail.They are on the National Register of Historic Places.The Florida Keys Overseas Heritage Trail Master Plan (completed in 2000) was prepared by Monroe County in partnership with FDEP, FDOT, and the 0- National Park Services to fulfill the expressed vision by Monroe County citizens to have a continuous trail CL along US 3.spanning the length of the Keys.As such,completion of the trail is a high priorityforthe County, CL FDEP and other project stakeholders. The bridges are in poor condition, posing hazards to trail users and boaters underneath and posing environmental hazards to the waters of the National Marine Sanctuary. (In 203.4, DEP closed 4 of these bridges due to their unsafe structural condition.) DEP must conduct a Preliminary Design and Engineering study (PDE) to assess the conditions of the bridges and repair/rehabilitation options. The PDE will cost$7.5M. Possible sources for funding include the following: inclusion in DEP's legislative budget request and TAP funds are also a possibility, but TAP funds are also limited. CL CL REQUESTED ACTIONS: J SUPPORT DEP's efforts to fund the construction of the Sugarloaf segment of the Florida Keys Overseas _ Heritage Trail, including specifically: o Request a direct appropriation for the first phase of construction, $3M. o Support inclusion of funding for first phase of construction in FDEP's legislative budget request. o Request FDOT support DEP's SUN Trail application for construction funds. o Request FDOT include the project in its 5 Year Work Program. SUPPORT DEP's efforts to fund the Preliminary Design and Engineering study including specifically: o Support$7.5M for the PDE in FDEP's Legislative Budget Request o Request FDOT provide funding assistance. o Request a direct appropriation. o 0 L SINGLE USE PLASTIC BAGS 0 04 REQUESTED ACTIONS: CD 04 OPPOSE legislation that preempts local communities from banning single use plastic bags, particularly coastal communities where plastic bags are not only an environmental pollutant but also pose a danger to ocean and coastal wildlife. Page 11 Packet Pg.662 C.24.b OIL DRILLING/FRACKING REQUESTED ACTIONS: OPPOSE legislation authorizing hydraulic fracturing or"fracking"or similar well stimulation processes and treatments performed for the purpose of exploration or production of energy resources in the State, or in the Florida Keys,or any area near conservation land or drinking water aquifers. OPPOSE legislation pre-empting local regulation of fracking/drilling activities, including ancillary activities such as waste storage, handling and disposal,truck traffic,and other local public health and safety impacts. OPPOSE legislation that would create a public records law exemption for proprietary information provided by drilling companies. SUPPORT continuation of prohibitions against leases or permits for oil or gas drilling within Florida's territorial seas, State lands, and the Everglades. CL EVERGLADES RESTORATION REQUESTED ACTIONS: SUPPORT legislation and funding to support continued implementation of the Comprehensive CL Everglades Restoration Plan. CL CORAL REEF PROTECTION REQUESTED ACTIONS: "°` SUPPORT legislation and funding that protects and preserves Florida's coral reef tract. CL CL RESILIENCE HARDENING AND PLANNING U, REQUESTED ACTIONS: SUPPORT State legislation that encourages vulnerability assessments, coordinates resources and ' supports the efforts of local governments to mitigate and adapt to hurricanes, sea level rise, and other climate-related challenges, and State funding for adaptation planning and investments in areas such as roads and other infrastructure projects that provide hazard mitigation and serve to reduce immediate and UP long-term risks to critical infrastructure. 0 EMERGENCY MANAGEMENT c REQUESTED ACTIONS: c 04 SUPPORT legislation creating a public records exemption for emergency management database CD 04 platforms,applications, programs, software,and the date and records contained therein; and the personal identification information and financial information of persons related to disaster management and response, including disaster responders, persons using a public shelter during an emergency, persons with special needs, and persons providing or receiving damage assessment information. Page 12 Packet Pg.663 C.24.b Monroe County Board of County Commissioners State Legislative Priorities 2020 CLERKS FUNDING/JUDGESHIPS REQUESTED ACTIONS: SUPPORT continued attention to the adequate funding for the functions of the clerks of court, including an allocation process that result in a fair and sufficient distribution of court generated revenue. OPPOSE the decertification of any Monroe County Courtjudgeships and to any reductions to the local judiciary. FLORIDA RETIREMENT SYSTEM REQUESTED ACTIONS: CL OPPOSE any benefit changes that result in an increase in the FRS county and county employee contribution rates. SUPPORT requiring all legislation that potentially results in an increase in the FRS contribution rate orthe closing of the traditional pension plan to new employees to be analyzed and evaluated to determine the direct fiscal impact of proposed changes to all local and State government to be eligible for consideration. CL CL MEDICAL MARIJUANA REQUESTED ACTIONS: "` SUPPORT home rule: maintaining local authority to determine land use, zoning, and other regulatory standards for marijuana cultivation, processing, and distribution. CL SUPPORT recurring revenue: a taxation or fee structure should be implemented with the State or CL 15 independently to help counties recoup all costs for public services, including but not limited to law enforcement, and regulatory enforcement. SUPPORT legislation that provides comprehensive health-based regulatory system where the DOH is responsible for licensing cultivation sites, dispensing facilities, and manufacturers of marijuana for medicinal purposes. HOME RULE, UNFUNDED MANDATES, COUNTY REVENUES, STATE FUNDING LEVELS CHALLENGES: ➢ Pre-emption of Home Rule: Home rule, conferred to Florida counties by Article Vill, Section i(f) and i(g) of the Florida Constitution (3.968), and by section 3.25.o3., Florida Statutes, is the principle that the government closest to the people is the appropriate authority to serve the needs and requirements of the community.The preservation of this concept is essential to the operation of county governments in Florida, , and which allows counties to develop and implement county-based solutions to local problems. 04 CD 04 o Pre-emption Examples:The State Legislature often pursues local government pre-emptions in its bills that prohibit local governments from banning or even regulating activities enabled by the Legislature such as:fracking, single use plastic bags and vacation rentals. Rage 3-3 Packet Pg.664 C.24.b ➢ Unfunded Mandates:The State Legislature frequently passes legislation that compels local governments to provide a service, program, or benefit without providing the appropriate funding. As more and more mandates are created, local governments are faced with the burden of using local tax dollars to finance functionsthat they have little control over and compromising local governments'abilityto provide services requested by our local communities. ➢ Cost shifts: The State Legislature frequently passes legislation that passes along the costs or increases local share requirements for services traditionally funded by the State, such as but not limited to County Health Departments, Courts, Clerks'offices,Juvenile Justice, and mental health services. ➢ Restrictions of County Revenue Sources:Atthe same time the State Legislation imposes more mandates and costs, it often pursues legislation reducing, restricting or eliminating sources of revenue for county services, such as the Local Business Tax, Communication Services Tax, impact fees, transportation concurrency fees, State park admission fees, and sales taxes. REQUESTED ACTIONS: CL OPPOSE legislation that would revise current law in a manner that reduces or eliminates current local government-related revenues or preempts home rule authority. _ OPPOSE efforts to shift cost of services, implement unfunded mandates, reduce State funding for infrastructure, programs and services, or other legislation that is costly and limits Monroe County's ability to serve the needs of its citizens. CL OPPOSE legislation that preempts the legislative and policy-making powers of counties used to regulate _ land use and implement local zoning controls. CL APPROPRIATIONS REQUESTS: $20M legislative appropriation for water quality projects in the Florida Keys. CL $5M legislative appropriation for land acquisition in the Florida Keys through Florida Forever set-aside. CL 15 $750,000 legislative appropriation for pump-out services in the Florida Keys. $500,000 legislative appropriation for facility and security upgrades to the Guidance Care Center's Baker — Act facility. ' $3M Legislative appropriation to DEP and/or DOT SUNTrail Grant funding for the construction of the Sugarloaf section of Overseas Heritage Trail; and/or, a DEP legislative budget request for project funds. 0 0 L 0 04 CD 04 Rage 3-4. Packet Pg.665 C.24.b Monroe County Board of County Commissioners State Legislative Priorities 2020 10, 11M,Hill illaillommom GROWTH MANAGEMENT/ENVIRONMENTAL REGULATIONS REQUESTED ACTIONS: SUPPORT the continued designation of the Florida Keys as an Area of Critical State Concern. OPPOSE legislation that prevents counties from having local environmental protection programs that are stricter in nature than State or federal regulatory programs. OPPOSE any legislation that restricts State, county and city government purchases of conservation land, and which would effectively eliminate land conservation efforts in the Florida Keys. CL SUPPORT growth management legislation that is thoroughly vetted with all stakeholders,and thattakes a targeted approach to increasing regulatory efficiencies, rather than broadly preempting local _ governments. SUPPORT legislative efforts that strengthen the existing roles and home rule powers of local governments to implement comprehensive planning programs that guide future development and CL encourage the most appropriate use of land and natural resources. CL SUPPORT county home rule authority, and current statutory provisions, which allow counties to retain their current transportation concurrency systems, and impact fees,as adopted by local ordinance. EMERGENCY MANAGEMENT REQUESTED ACTIONS: CL CL SUPPORT legislation creating a public records exemption for emergency management database platforms,applications, programs,software, and the date and records contained therein; and the personal identification information and financial information of persons related to disaster management and response, including disaster responders, persons using a public shelter during an emergency, persons with ' special needs, and persons providing or receiving damage assessment information. SUPPORT assistance for building/identifying Out of County Shelter for residents of Monroe County in , cases of mandatory evacuation during storm-related events and other emergencies. SUPPORT an increase to the county base grant funding, which has remained unchanged for nearly a decade. SUPPORT maintaining the original intent and purpose of the Emergency Management Preparation And Assistance Trust Fund, which is to serve as a funding source for State and local emergency management programs, by ensuring that all monies collected for purposes of funding emergency management, preparedness and assistance are deposited into the EMPA Trust Fund and spent on emergency management activities, and opposing legislative sweeps of these trust fund monies. c "` SUPPORT changes to the EMPA trust fund by ensuring the $2.00 and $4.00 annual surcharge on all 04 homeowner and business insurance policies is assessed on either a per-parcel or per-unit basis of coverage, 04 rather than on a single policy and a repeal of the service charge to general revenue on the EMPA trust fund and redirect these monies back to the counties in the same manner in which the EMPA base grant is distributed. Page 3-S Packet Pg.666 C.24.b V Disaster Funding: SUPPORT a 50/50 cost-share arrangement with the State for the non-federal portion of the Hazard Mitigation Grant Program (HMGP). SUPPORT the creation of an emergency bridge loan program for counties to provide a source of expedient cash flow to counties impacted by a major catastrophe. HOMELESSNESS REQUESTED ACTIONS: SUPPORT legislation that creates a dedicated State funding source for homelessness programs and services. SUPPORT continued coordination with the State's homeless planning council, specifically as it develops policies in support of the new Federal Strategic Plan to end Homelessness. SUPPORTthe development of strategiesthat would allow local governmentsto work with the State and CL federal government to serve target populations: The chronically homeless, Veterans and Families and children,with particular emphasis on children aging out of the foster care system. SUPPORT a process that would waive the fees related to obtaining personal identification from the State for persons identified as homeless. c L CL CL HEALTH, MENTAL HEALTH, SOCIAL SERVICES, AND EMERGENCY MEDICAL SERVICES REQUESTED ACTIONS: SUPPORT efforts to secure state financial assistance (ie, legislative appropriation) to make necessary upgrades to the Guidance Care Center facility that serves as Monroe County's Baker Act facility. CL CL SUPPORT increasing State general revenue funding for County Health Departments (CHDs), preserving the ability of CHDs to provide primary care and direct patient care services, particularly in communities without adequate substitutes or alternative providers for these services, and maintaining a coordinated — system of county health departments (CHDs) that is centrally housed within the Department of Health ' (DOH). OPPOSE efforts to decentralize the public health system by transferring authority over CHDs from the DOH to the respective county governments, any State reductions to the County Health Department Trust Funds; and any efforts, legislative or otherwise,to limit or eliminate the provision of primary care services in CHDs. SUPPORT increased funding for core mental health and substance abuse services. SUPPORT efforts to increase supportive housing,employment and education initiatives for people with behavioral health issues and/or disabilities. SUPPORT diverting, medically assisting, or treating mentally ill persons outside of the criminal justice system through alternative community programs. 0 SUPPORT establishing a cap on growth in the individual county Medicaid costs to address cost shifts; and continued evaluation ofthe County-State Medicaid cost-share arrangement. 04 CD 04 SUPPORT State legislation drawing down federal funds made available to Florida under the PPACA tow° expand health care coverage to certain individuals who earn up to 3.38 percent of the federal poverty level, if such a program does not further shift Medicaid costs to counties. Page 1-6 Packet Pg.667 C.24.b Monroe County Board of County Commissioners Stag Legislative Priorities 2020 "` OPPOSE legislation that limits the ability of county EMS providers to be reimbursed for out of network transports. SUPPORT maintaining a countywide regulatory system for EMS through the current Certificate of Public Convenience and Necessity(COPCN) process. SUPPORT efforts to increase supportive housing, employment and education initiatives for people with behavioral health issues and/or disabilities. SUPPORT appropriate funding for children in early learning and school age care to ensure children's access to educational, enrichment and readiness programs; and continuation of funding for the Florida Healthy Start and Healthy Families program. SUPPORT restoration and expansion of State funding for the Community Care for the Elderly Program, which provides cost efficient diversion from nursing home placement for impaired elders. CL SUPPORT the continuation of a coordinated Transportation Disadvantaged (TD)system,and appropriate and dedicated State funding for the TD program; protect the TD trust fund. LIBRARIES L_ CL REQUESTED ACTIONS: CL SUPPORT full funding of State Aid to Libraries based on the current statutory formula that provides counties 25 cents for every local dollar spent, and measures that ensure decisions and policies regarding county libraries are made at the local level. TRANSPORTATION CL CL REQUESTED ACTIONS: SUPPORT continuing enhanced State funding for the Small County Outreach Program (SCOP). This funding is critical to Monroe County, which is a small county with major bridge and local road responsibilities. SUPPORT increasing the cost cap (from $400,000 to $750,000) for counties to self-perform road ' improvement projects using the Constitutional Gas Tax proceeds. SUPPORT legislation that would index local option fuel taxes to annual adjustments of the CPI. SUPPORT amendings. 6.o Florida Statutes to include an additionalparagraph ex ressl authorizing 33 45, expressly g Florida counties to determine the reasonable level and frequency of local road maintenance. c L VETERANS 0 REQUESTED ACTIONS: 04 04 SUPPORT legislation establishing a program that allocates State funds to hire Veterans Services Officers in counties in order to increase services and federal benefits for Florida veterans. Page 3-7 Packet Pg.668 C.24.b COUNTY JAILS, INMATE MEDICAL COSTS, JUVENILE JUSTICE REQUESTED ACTIONS: OPPOSE sentencing of State inmates to county jails, but support counties' ability to contract with the Department of Corrections for housing State inmates. SUPPORT legislation that reduces jail expenses by setting a reimbursement amount paid by counties to medical providers for health care services for inmates and arrestees at no higher than the established Medicare rate plus io%,the same rate as currently charged to the Department of Corrections, unless there is an existing contract in place or a business practice providing a lower rate. SUPPORT continued efforts to obtain Medicaid eligibility for persons incarcerated in county jails while waiting disposition of their cases and to ensure that existing Medicaid benefits are not terminated during incarceration. CL SUPPORT initiatives that reduce juvenile detention through prevention, treatment, and rehabilitation services. SUPPORT the Legislature appropriating State funds to the Department of Juvenile Justice to upgrade, renovate, or reconstruct detention centers across Florida that are in a State of disrepair and State investments in juvenile facilities to improve the conditions of secure confinement for detained youth without such costs being shifted to the counties. CL CL SUSTAINABILITY, PACE, RECYCLING AND SOLID WASTE REQUESTED ACTIONS: SUPPORT the 2020 legislative initiatives of the SE Florida Regional Climate Compact's Legislative Program. CL SUPPORT amending statutory language to clarify that in addition to energy retrofits and wind mitigation, CL that flood mitigation is also an allowable use for PACE program. SUPPORT incentives for local governments to assist in furthering State energy policies such as green — building and carbon emissions reductions, and the technical assistance to implement these programs and ' legislation that provides appropriate resources and incentives to local governments to achieve any statewide recycling goals. SUPPORT State legislation that encourages vulnerability assessments, coordinates resources and supports the efforts of local governments to mitigate and adapt to sea level rise, increasing storm severity and other climate changes, and State funding for adaptation planning and investments in areas such as roads and other infrastructure projects that provide hazard mitigation and serve to reduce immediate and long-term risks to critical infrastructure. SUPPORT a State comprehensive climate change action plan, energy policies, and other initiatives to reduce carbon dioxide and other compounds in the atmosphere which will help provide solutions to present and future generations, including ecosystem sustainability, longterm water supply,flood protection,public health and safety, and economic growth and prosperity. 04 , SUPPORT State funding of Solid Waste Management Grants. CD 04 Page 1.8 Packet Pg.669 C.24.b Monroe County Board of County Commissioners State Legislative Prioritises 2020 U M MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Danny Kolhage, District 1 BOCC1@monroecountv-fl.c�ov 305-292-3440 Michelle Coldiron, District 2 ♦ BOCC2@monroecount - l.pov o 2 2- 12 ,�.,� 3 5- 9 45 Heather Carruthers, District 3 BOCC3@monroecounty-f1.90v 305-292-3430 David Rice, District 4 BOCC4@monroecounty-fl.c�ov3o5-289-6000 Sylvia Murphy, District 5 BOCC5@monrocounty-f1.90v 305-453-8787 CL COUNTY ADMINISTRATOR Roman Gastesi Gostesi-roman@monroecounty-fl.gov Office:305-292-4441 Cell:305-394-1332 CL DIRECTOR OF LEGISLATIVE AFFAIRS CL Lisa Tennyson Tennyson-liso@monroecounty-fl.gov Office:305-292-4444 Cell:305-509-1709 COUNTY ATTORNEY Bob Shillinger Shillinger-bob@monroecounty-fl.gov Office:305-292-3470 Cell:305-747-4717 0 0 LOBBYISTS: Capitol Group, Robert Reyes,Tallahassee, FI 850-425-4050 CD Peebles-Smith,John Wayne Smith,Tallahassee, FI 850-681-7383 `V Anfield Consulting, Frank Bernardino,Tallahassee, FI 866-96o-5939 Sun City Strategies, Eduardo Gonzalez, Miami, FI 850-488-1683 Page 3-g Packet Pg.670 C.24.c Agreement This Agreement is made and entered into this 191h day of February 2020, between the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, hereinafter referred to as "Board" or"County," and Guidance/Care Center, Inc., a Florida 501(c)(3) not-for-profit corporation, hereinafter referred to as "PROVIDER." WHEREAS, the County participates in funding substance abuse and mental health (SAMH) Services within Monroe County pursuant to Section 394.76(9)(a), Florida Statutes; and WHEREAS, the PROVIDER is a not-for-profit corporation that provides SAMH services within a Monroe County; and WHEREAS, in accordance with Senate Bill 12, to Florida Statute 394 (Florida Mental Health a, Act, commonly referred to as the "Baker Act'), and Florida Statute 397 (commonly referred to as the Marchman Act), PROVIDER has been designated as the Baker Act Receiving Facility for Monroe County; and WHEREAS, it is a legitimate public purpose to provide SAMH services for alcohol and drug abuse, and mental health services for individuals, including the services of a Designated Receiving Facility, now, therefore, : IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as follows: FUNDING AND SCOPE OF WORK 1. AMOUNT OF AGREEMENT. The Board, in consideration of the PROVIDER substantially and ca satisfactorily performing services as the designated Baker Act Receiving Facility for persons living in Monroe County, Florida, as provided for in this Agreement, shall reimburse the PROVIDER no more than TWO HUNDRED THOUSAND AND NO/100 DOLLARS ($200,000.00) for the PROVIDER'S expenditures for security and facility upgrades to the Baker Act Receiving Facility located at 3000 41st Street, Ocean, Marathon, FL 33050, as billed by the PROVIDER. 2. AGREEMENT PERIOD. This agreement is for the period of February 19, 2020 through September 30, 2020 This agreement shall remain in effect for the stated period unless one party gives to the other written notification of termination pursuant to and in compliance with paragraphs 8, 13 or 14 below. The project work described in Exhibit A must commence within the agreement period funded which is February 19, 2020 to September 30, 2020. Proof that the project commenced within the agreement period funded may be requested by the County. 3. SCOPE OF AGREEMENT. The PROVIDER shall provide the following scope of services: Materials and Labor required to complete the above-mentioned project. Segment(s) of the work is/are more particularly described in Exhibit A, detailing the work and the cost allocable to each segment, attached hereto, and incorporated herein by reference. Anything not referenced within Exhibit A will not be reimbursed. All work for which funds are to be expended must be �- completed by the stated termination date of September 30, 2020 and all invoices pertaining to this project shall be submitted to the Office of Management and Budget no later than October 10, 2020 to be considered for payment. Acknowledgement: PROVIDER shall be required to permanently display and maintain at PROVIDER's expense, public acknowledgement of the support of Monroe County in a publicly prominent area of their facility in the following form: "This project was made possible with the financial support of Monroe County." If the PROVIDER has 1 FY2020 Capital Project Funding Security & Facility Upgrades G/CC: Baker Act Receiving Facility Packet Pg.671 C.24.c already complied with this requirement through previous funding, said acknowledgement fulfills this condition. A photograph of said acknowledgment shall be provided with the final request for reimbursement outlined in Exhibit A of this agreement. a.) There shall be a project manager designated by the PROVIDER to acknowledge receipt of goods or work performed. This Project Manager shall be Jeremy Salyer, Fitzhouse Enterprises. b.) If, and to the extent that, PROVIDER contracts for any of the work funded under this agreement to be performed or completed, PROVIDER shall give notice to County of the contractual relationship, provide County with a copy of any and all contracts and shall require the contractor(s) to comply with all the terms of this contract. Should the PROVIDER contract the a work and then decrease the scope of work to be performed by a contractor, PROVIDER shall provide County with an amended contract executed by PROVIDER and its contractor. (i) PROVIDER is a not-for-profit entity and shall use procurement processes for those parts of the project to be contracted (not performed by the entity's employees) as follows. For work expected to be under$50,000,the not-for-profit shall document in the file three written quotes or a notarized statement as to why such written quotes were not feasible for the goods or services. For work expected to be $50,000 or more, a competitive bid process must be : performed following Monroe County's procurement policies and procedures, unless the commodities or services will be provided by a "sole source" provider, in which case the not-for-profit must submit a notarized statement with its request for payment explaining why CL the vendor is the only source for the commodities or services. Refer to: https://www.monroecounty- fl.gov/ ocumentCenter/View/19155/PURCHASING-POLICY--07- ti 17-19 c.) PROVIDER shall exercise good internal controls to assure that the capital project shall be completed on a timely basis within the proposed budget and shall provide to County any certifications, including those by the architect, engineer, contractor or an independent consultant if necessary, required to establish that materials which are purported to be applied to the project are in fact so applied. Further verification shall be required to show that equipment and other fixtures and personal property covered by this agreement are delivered to and installed in the project site. When any permit is required by any governmental agency, copies of plans and other documents which are submitted to the applicable agency shall be submitted to the County Engineering Division to enable verification that the scope of services under this agreement has been provided. 4. AMOUNT OF AGREEMENT AND PAYMENT. The COUNTY shall provide an amount not to exceed $200,000.00 for materials and services used to improve the property. Reimbursement request must show that PROVIDER has paid in full for materials and services relating to the segment prior to seeking reimbursement. Payment shall be 100% reimbursement of the total cost of the segment, subject to the cap on expenditures for that segment as set forth in Exhibit A. >- Reimbursement can be sought after each segment of the agreement is completed and signed by the Monroe County Engineering Department as outlined in 3.a. The Board of County Commissioners assume no liability to fund this agreement for an amount in excess of$200,000.00. a.) Payment shall be made upon the completion of a specific segment as outlined in the Scope of Services and Exhibit A. Payment for expenditures permissible by law and County policies shall be made through reimbursement to PROVIDER upon presentation of Application for 2 FY2020 Capital Project Funding Security & Facility Upgrades G/CC: Baker Act Receiving Facility Packet Pg.672 C.24.c Payment Summary, invoices, canceled checks, before and after pictures, County Project Manager signature of inspection and other documentation necessary to support a claim for reimbursement and as acceptable to the Clerk. Acceptability to the Clerk is based on generally accepted accounting principles and such laws, rules, and regulations as may govern the Clerk's disbursal of funds. Included in said documentation shall be proof that the PROVIDER has received the property, real or personal, for each segment of agreement as outlined in Exhibit A and paid an amount equal to or greater than the amount invoiced to the County. It shall be necessary for the PROVIDER to contact the County Engineering Division (Steven Sanders- phone: 305-295-4338 email: Sanders-Steven( anraeCaunty® l.gav or Cary Knight- phone: 305-292-4416 email: Knight-CaDtanraeCaunty® l.gav) and to arrange for S inspection upon the completion of each segment. It shall be the responsibility of the .6 PROVIDER's project manager to initiate the communication with the Monroe County a Engineering Division to facilitate the inspection of the segment of the project. The application for payment document must be certified through a statement signed by an officer of the organization and notarized, declaring that representations in the invoice are true and factual. All payment requests must be submitted to the Office of Management and Budget (OMB) no later than October 10, 2020. Invoices received by the OMB after October 10, 2020 will not be considered for payment. b.) The PROVIDER's Project Manager shall certify delivery to the project site and installation therein of any goods or services provided other than through an architect, engineer or contractor. All work performed and goods received on site and incorporated into the project shall be verified by one of the foregoing. Submission of any documentation which is untrue, falsified, or otherwise misrepresents the work which has been completed, paid, or donated shall constitute a breach of agreement, for which the contract may be immediately terminated CL at the discretion of the County, whose decision shall be final. c.) At any time that the documentation requirement policies of Monroe County are revised, such ti as to require annual inventory reports for equipment purchased under a capital project agreement, PROVIDER shall comply thereafter with such increased requirements, or further funding under the agreement may be terminated by County. d.) Upon successful completion of this agreement, the PROVIDER may retain ownership of the real and personal property acquired and/or improved with funding under this agreement. However, the PROVIDER shall maintain, preserve, and operate the property which was acquired or improved under this agreement for the uses and purposes which qualified the PROVIDER for the funding of the capital project. PROVIDER shall complete and sign a Property Reporting Form upon request for personal property and forward said completed form to OMB. Real property acquired or improved through funding under this agreement shall remain dedicated for the purposes set forth herein or for other purposes of SAMH services and ownership of said property shall be retained by the PROVIDER. The following terms shall apply: (i) The PROVIDER shall have the use of the property, including both real and personal, acquired with funding under this agreement, at the project site for so long as the facility is operated by PROVIDER, open to the public, and has a primary purpose of providing SAMH services. At such time as any of the conditions in the preceding sentence shall cease to exist, the PROVIDER shall transfer ownership and possession of equipment and personal property to a local government or another not-for-profit organization for which SAMH services may be used, with prior approval from the County. 3 FY2020 Capital Project Funding Security & Facility Upgrades G/CC: Baker Act Receiving Facility Packet Pg.673 C.24.c (ii) At any time that the PROVIDER: (a) elects to stop the project or otherwise decide not to place into service for SAMH-related purposes the facility acquired, constructed, or renovated with County funding, (b) demolishes the project facility or divests itself of ownership or possession of the real property, or (c) ceases the use of the property with a primary purpose of providing SAMH services, PROVIDER shall, pursuant to the formula set forth hereafter, refund to the County the funding. This provision shall survive the termination date of all other provisions of this contract for a period of ten years. Should the demolition, transfer of ownership, or change to a non-SAMH related purpose occur, the amount of refund shall be pro-rated based on a useful life of ten (10) years. a (iii) The PROVIDER is responsible for the implementation of adequate maintenance procedures to keep the real and personal property in good operating condition. (iv)The PROVIDER is responsible for any loss, damage, or theft of, and any loss, damage or injury caused by the use of, real or personal property or equipment purchased through funding under this agreement. RECORDKEEPING 5. RECORDS AND RIGHT TO AUDIT. PROVIDER shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally CL accepted accounting principles consistently applied. 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 ca years following the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to PROVIDER pursuant to this Agreement were spent for purposes not authorized by this Agreement, the PROVIDER shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to PROVIDER. Right to Audit. Availability of Records. The records of the parties to this Agreement relating to the Project, which shall include but not be limited to accounting records (hard copy, as well as computer readable data if it can be made available; general ledger entries detailing cash and if applicable trade discounts earned, insurance rebates and dividends; any other supporting ca evidence deemed necessary by County or the Monroe County Office of the Clerk of Court and Comptroller (hereinafter referred to as "County Clerk") to substantiate charges related to this agreement, and all other agreements, sources of information and matters that may in County's or the County Clerk's reasonable judgment have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any contract document (all foregoing hereinafter referred to as "Records") shall be open to inspection and subject to audit and/or reproduction by County's representative and/or agents or the County Clerk. County or County Clerk may also conduct verifications such as, but not limited to, counting employees at the job site, witnessing the `V distribution of payroll, verifying payroll computations, overhead computations, observing vendor and supplier payments, miscellaneous allocations, special charges, verifying information and amounts through interviews and written confirmations with employees, Subcontractors, suppliers, and contractor's representatives. The County Clerk possesses the independent authority to conduct an audit of Records, assets, and activities relating to this Project. The right to audit provisions survives the termination of expiration of this Agreement. 4 FY2020 Capital Project Funding Security & Facility Upgrades G/CC: Baker Act Receiving Facility Packet Pg.674 C.24.c In addition, if PROVIDER is required to provide an audit as set forth in in Section 8(e) below, the audit shall be prepared by an independent certified public accountant (CPA)with a current license, in good standing with the Florida State Board of Accountancy. a.) Public Access. The County and PROVIDEER shall keep and maintain public records, as defined by Chapter 119, Florida Statutes that are required to perform the services required by the contract. The PROVIDER, upon request from the County's custodian of public records, shall provide the County with a copy of the requested public records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed that provided in Chapter 119, Florida Statutes, or as otherwise provided by law. County shall ensure that public records that are exempt or that are confidential and a exempt from public record disclosure are not disclosed, except as authorized by law for the duration of the contract term and following completion of this Agreement if PROVIDER docs not transfer the public records to the County. Upon completion of this Agreement, PROVIDER shall transfer to the County at no cost, all public records in possession of t h e PROVIDER or; keep and maintain public records required by the County to perform the Agreement services in accordance with the public records retention schedule set forth by the Florida Department of State, Division of Library and Information Services. If PROVIDER transfers all public records to the County upon completion of the Agreement, PROVIDER will destroy any duplicate public records that are exempt or confidential and exempt. All records stored electronically must be : provided to the County, upon request of the County's custodian of public records, in a formal that is compatible with the information technology systems of the County. The County may unilaterally terminate this Agreement if PROVIDER refuses to allow °' access to all public records made or maintained by the PROVIDER in conjunction with this Agreement, unless the records are exempt from section 24(a) of Article 1 of the State Constitution and Chapter 119, Florida Statutes. 6. MODIFICATIONS AND AMENDMENTS. Any and all modifications of the terms of this agreement shall be only amended in writing, signed by the parties and approved by the Board of County Commissioners for Monroe County. The terms, covenants, conditions, and provisions of this agreement shall bind and inure to the benefit of the County and PROVIDER and their respective legal representatives, successors, and assigns. 7. INDEPENDENT CONTRACTOR. At all times and for all purposes hereunder, the PROVIDER is an independent contractor and not an employee of the Board of County Commissioners of Monroe County. No statement contained in this agreement shall be construed as to find the PROVIDER or any of its employees, contractors, servants or agents to the employees of the Board of County Commissioners of Monroe County, and they shall be entitled to none of the rights, privileges or benefits of employees of Monroe County. a.) 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. �- 8. COMPLIANCE WITH LAW. In carrying out its obligations under this agreement, the PROVIDER shall abide by all statutes, ordinances, rules and regulations pertaining to or regulating the provisions of this agreement, including those now in effect and hereafter adopted. Any violation of said statutes, ordinances, rules or regulations shall constitute a material breach of this 5 FY2020 Capital Project Funding Security & Facility Upgrades G/CC: Baker Act Receiving Facility Packet Pg.675 C.24.c agreement and shall entitle the County to terminate this agreement immediately upon delivery of written notice of termination to the PROVIDER. 9. RESTRICTIONS ON AGREEMENTS ENTERED PURSUANT TO THIS AGREEMENT. The PROVIDER shall include in all agreements funded under this agreement the following terms: a.) Anti-discrimination. Contractor agrees that it will not discriminate against any employees or applicants for employment or against persons for any other benefit or service under this agreement because of their race, color, religion, sex, national origin, or physical or mental handicap where the handicap does not affect the ability of an individual to perform in a position of employment, and to abide by all federal and state laws regarding non-discrimination. b.) Anti-kickback. Contractor warrants that no person has been employed or retained to solicit or secure this agreement upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, and that no employee or officer of the Contractor has any interest, financially or otherwise, in the County. For breach or violation of this warranty, the County shall have the right to annul this agreement without liability or, in its discretion, to deduct from the agreement price or consideration, the full amount of such commission, percentage, brokerage or contingent fee. Contractor acknowledges that it is aware that funding for this agreement is available at least in part through the County and that violation of this paragraph may result in the County withdrawing funding for the project. c.) Hold harmless/indemnification. Contractor acknowledges that this agreement is funded at least in part by the County and agrees to indemnify and hold harmless the County and any of its officers and employees from and against any and all claims, liabilities, litigation, causes of action, damages, costs, expenses (including but not limited to fees and expenses arising from CL any factual investigation, discovery or preparation for litigation), and the payment of any and all of the foregoing or any demands, settlements or judgments (collectively claims) arising directly or indirectly from any negligence, wrongful acts or omissions or criminal conduct on ca the part of contractor in the performance of the terms of this agreement. The contractor shall immediately give notice to the County of any suit, claim or action made against the contractor that is related to the activity under this agreement and will cooperate with the County in the investigation arising as a result of any suit, action or claim related to this agreement. d.) Insurance. Contractor agrees that it maintains in force at its own expense a liability insurance policy which will insure and indemnify the contractor and the County from any suits, claims or actions brought by any person or persons and from all costs and expenses of litigation brought against the contractor for such injuries to persons or damage to property occurring during the ca agreement or thereafter that results from performance by contractor of the obligations set forth in this agreement. The following coverages shall be provided: 1. Workers' Compensation insurance as required by Florida Statutes. 2. Commercial General Liability Insurance with minimum limits of $500,000 per occurrence for bodily injury, personal injury and property damage. cv 3. Comprehensive Auto Liability Insurance with minimum limits of $300,000 combined single limit per occurrence. The contractor agrees that the County shall be named as additional insured on insurance policies, except workers'compensation. The policies shall provide no less than 30 days' notice of cancellation, non-renewal or reduction of coverage. 6 FY2020 Capital Project Funding Security & Facility Upgrades G/CC: Baker Act Receiving Facility Packet Pg.676 C.24.c At all times during the term of this agreement and for one year after acceptance of the project, contractor shall maintain on file with the County a certificate of insurance showing that the aforesaid insurance coverage is in effect. e.) Licensing and Permits. Contractor warrants that it shall have, prior to commencement of work under this agreement and at all times during said work, all required licenses and permits whether federal, state, county or city. 10.HOLD HARMLESS/INDEMNIFICATION. The PROVIDER hereby agrees to indemnify and hold harmless the County or any of its officers and employees from and against any and all claims, liabilities, litigation, causes of action, damages, costs, expenses (including but not limited to fees and expenses arising from any factual investigation, discovery or preparation for litigation), and the payment of any and all of the foregoing or any demands, settlements or judgments arising by PROVIDER's performance or non-performance under this agreement. Upon its notice the PROVIDER shall immediately give notice to the County of any suit, claim or action made against the County that is related to the activity under this agreement and will cooperate with the County in the investigation arising as a result of any suit, action or claim related to this agreement. a.) Non-Waiver of Immunity. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and the PROVIDER 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. b.) 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 ca 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. 11.NONDISCRIMINATION. The COUNTY and PROVIDER 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. The COUNTY and PROVIDER 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: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352), which prohibits discrimination in employment on the basis of race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC §§ 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 § 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC §§ 6101-6107), which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 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 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, §§ 523 and 527 (42 USC §§ 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC §§ 3601 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 §§ 12101), 7 FY2020 Capital Project Funding Security & Facility Upgrades G/CC: Baker Act Receiving Facility Packet Pg.677 C.24.c as amended from time to time, relating to nondiscrimination in employment on the basis of disability; 10) Monroe County Code Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 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. 12.ANTI-KICKBACK. The PROVIDER warrants that no person has been employed or retained to solicit or secure this agreement upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, and that no employee or officer of the County has any interest, financially or otherwise, in the said funded project, except for general membership. For breach or violation of this warranty, the County shall have the right to annul this agreement without liability or, in its discretion, to deduct from the agreement price or consideration, the full amount of such commission, percentage, brokerage or contingent fee. 13. TERMINATION. This agreement shall terminate on September 30, 2020. Termination prior thereto shall occur whenever funds cannot be obtained or cannot be continued at a level sufficient v, to allow for the continuation of this agreement pursuant to the terms herein. In the event that funds cannot be continued at a level sufficient to allow the continuation of this agreement pursuant to the terms specified herein, this agreement may then be terminated immediately by written notice of termination delivered in person or by mail to PROVIDER. The County may terminate this agreement without cause upon giving written notice of termination to PROVIDER. The County shall not be obligated to pay for any services or goods provided by PROVIDER after PROVIDER has received written notice of termination. 14. TERMINATION FOR BREACH. The County may immediately terminate this agreement for any CL breach of the terms contained herein. Such termination shall take place immediately upon receipt of written notice of said termination. Any waiver of any breach of covenants herein contained to be kept and performed by PROVIDER shall not be deemed or considered as a continuing waiver ca and shall not operate to bar or prevent the County from declaring a forfeiture for any succeeding breach either of the same conditions or of any other conditions. 15. ENTIRE AGREEMENT. This agreement constitutes the entire agreement of the parties hereto with respect to the subject matter hereof and supersedes any and all prior agreements with respect to such subject matter between the PROVIDER and the County. 16. 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 ca contracts made and to be performed entirely in the state. This agreement is not 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. a.) Venue. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this agreement, the County and PROVIDER agree that venue shall lie in the appropriate court or before the appropriate administrative body in Monroe `V County, Florida. b.) 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 8 FY2020 Capital Project Funding Security & Facility Upgrades G/CC: Baker Act Receiving Facility Packet Pg.678 C.24.c provisions of this agreement would prevent the accomplishment of the original intent of this agreement. The County and PROVIDER 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. c.) Attorney's Fees and Costs. The County and PROVIDER 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 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, court costs, S investigative, and out-of-pocket expenses in appellate proceedings. d.) Adjudication of Disputes or Disagreements. County and PROVIDER agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. The PROVIDER and County staff shall try to resolve the claim or dispute with meet and confer sessions to be commenced within 30 days of the dispute or claim. 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. Any claims or dispute that the parties cannot resolve shall be decided by the Circuit Court, 161h Judicial Circuit, Monroe County, Florida. e.) 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 PROVIDER 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 PROVIDER CL specifically agree that no party to this agreement shall be required to enter into any arbitration proceedings related to this agreement. 17. ETHICS CLAUSE: PROVIDER warrants that he has not employed, retained or otherwise had act on his behalf any former County officer or employee in violation of Section 2 of Ordinance No. 10-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 10- 1990. For breach or violation of the provision the County may, at its discretion terminate this agreement without liability and may also, at 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 or present County officer or employee. The County and PROVIDER 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 ca 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 PROVIDER 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. cv a.) Covenant of No Interest. County and PROVIDER 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. b.) 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 9 FY2020 Capital Project Funding Security & Facility Upgrades G/CC: Baker Act Receiving Facility Packet Pg.679 C.24.c 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. 18. PUBLIC ENTITY CRIME STATEMENT: 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 an agreement to provide any goods or services to a public entity, may not submit a bid on an agreement 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, sub-contractor, or consultant under an agreement with any public entity, and may not transact business with any public entity in excess of the threshold amount a provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. By executing this document PROVIDER warrants that it is in compliance with this paragraph. 19. AUTHORITY: PROVIDER warrants that it is authorized bylaw to engage in the performance of the activities encompassed by the project herein described. Each of the signatories for the PROVIDER below certifies and warrants that the PROVIDER's name in this agreement is the full name as designated in its corporate charter (if a corporation); they are empowered to act and contract for the PROVIDER; and this agreement has been approved by the Board of Directors of PROVIDER or other appropriate authority. _ 20. LICENSING AND PERMITS: PROVIDER warrants that it shall have, prior to commencement of work under this agreement and at all times during said work, all required licenses and permits whether federal, state, county or city. 21. INSURANCE: PROVIDER agrees that it maintains in force at its own expense a liability insurance policy which will insure and indemnify the PROVIDER and the County from any suits, ti claims or actions brought by any person or persons and from all costs and expenses of litigation brought against the PROVIDER for such injuries to persons or damage to property occurring during the agreement or thereafter that results from performance by PROVIDER of the obligations set forth in this agreement. At all times during the term of this agreement and for one year after acceptance of the project, PROVIDER shall maintain on file with the County a certificate of the insurance of the carriers showing that the aforesaid insurance policy is in effect. The following coverages shall be provided: 1. Workers' Compensation insurance as required by Florida Statutes. 2. Commercial General Liability Insurance with minimum limits of $500,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be $250,000 per Person $500,000 per occurrence $50,000 property damage. 3. Comprehensive Business Auto Liability Insurance with minimum limits of$300,000 combined single limit per occurrence. cv The PROVIDER agrees that, the County shall be named as additional insured, except workers' .. compensation. The policies shall provide no less than 30 days' notice of cancellation, non-renewal or reduction of coverage. PROVIDER shall provide to the County, as satisfactory evidence of the required insurance, including the insurance policy application and either: • Original Certificate of Insurance, OR 10 FY2020 Capital Project Funding Security & Facility Upgrades G/CC: Baker Act Receiving Facility Packet Pg.680 C.24.c • Certified copy of the actual insurance policy, OR • Certificate of Insurance e-mailed from Insurance Agent/Company to County Risk Management - Telephone Maria Slavik at (305) 295- 3178 for details (Certificates can be e-mailed directly from the insurance agency to: Slavik-MarlaQMonroeCounty- L. ov An original certificate or a certified copy of any or all insurance policies required by this contract shall be filed with the Clerk of the BOCC prior to the contract being executed by the Clerk's office. The Insurance policy must state that the Monroe County BOCC is the Certificate Holder and additional Insured for this contract (certificate only for workers' compensation coverage). Insurance information should be mailed to: Monroe County Board of County Commissioners c/o Risk Management P.O. Box 1026 Key West, FL 33041 22. NOTICE. Any notice required or permitted under this agreement shall be in writing and hand- delivered or mailed, postage pre-paid, by certified mail, return receipt requested, to the other party as follows: For Board: Grants Administrator and Monroe County Attorney 1100 Simonton Street PO Box 1026 Key West, FL 33040 Key West, FL 33041 For PROVIDER Sharon Crippen, Senior Vice President Guidance/Care Center 1205 Fourth Street Key West, FL 33040 Copies of all default notices, notices of breach, termination, legal claim, or indemnity copied to: WestCare Foundation, Inc. Attn: Executive Vice President 1711 Whitney Mesa Drive Henderson, Nevada 89014 23. CLAIMS FOR FEDERAL OR STATE AID. PROVIDER 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. Any conditions imposed as a result of funding that effect the Project will be provided to each party. U 24. NON-DELEGATION OF CONSTITUTIONAL OR STATUTORY DUTIES. This agreement is not `V 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. 11 FY2020 Capital Project Funding Security & Facility Upgrades G/CC: Baker Act Receiving Facility Packet Pg.681 C.24.c 25. 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 PROVIDER agree that neither the County nor the PROVIDER 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. 26. ATTESTATIONS. PROVIDER 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. a 27. FORCE MAJEURE. The PROVIDER shall not be liable for delay in performance or failure to complete the project, in whole or in part, due to the occurrence of any contingency beyond its control or the control of its contractors and subcontractors, including war or act of war whether an actual declaration thereof is made or not, act of terrorism impacting travel in the United States, insurrection, riot or civil commotion, act of public enemy, epidemic, quarantine restriction, storm, flood, drought or other act of God, or act of nature (including presence of endangered animal species which cannot be timely removed in a safe manner) or any act of any governmental authority which prohibits the project from proceeding as described in the scope of services and incorporated references and which the PROVIDER has exercised reasonable care in the : prevention thereof. However, lack of planning for normal and expected weather conditions for the time of year the project is to be executed shall not constitute an act of God excusing a delay. Any delay or failure due to the causes stated shall not constitute a breach of the agreement; however, the County shall have the right to determine if there will be any reduction to the amount of funds due to the PROVIDER after consideration of all relevant facts and circumstances surrounding the delay in performance or failure to complete the project within the contract period. Upon demand of the County,the PROVIDER must furnish evidence of the causes of such delay or failure. County ti shall not pay for any goods received or services provided after the date(s) described in paragraph 1 and Scope of Services. 28. 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. 29. 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. 30. MISCELLANEOUS: As used herein, the terms "contract" and "agreement' shall be read interchangeably. U cv cv [THIS SPACE INTENTIONALLY LEFT BLANK WITH SIGNATORY PAGE TO FOLLOW] 12 FY2020 Capital Project Funding Security & Facility Upgrades G/CC: Baker Act Receiving Facility Packet Pg.682 In WITNESS WHEREOF each party hereto has caused this contract to be executed by its duly authorized representative. (SEAL) BOARD OF COUNTY COMMISSIONERS ATTEST: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA By By Deputy Clerk Mayor/Chairman Guidance/Care Center, Inc., d/h/a The Heron, y a Florida 501(c)(3) not-for-profit corporation (Federal ID No. 16,A-- By Executive Director -113 Guidance/Care Center, Inc., d/b/a The Heron, CL a Florida 501(c)(3) not-for-profit corporation76 TO BE COMPLETED BY NOTARY (in accordance with State notary requirements) � h State of County of s �I This instrument was acknowledged before me, by means of]it physical presence or❑ online notarization, this day of (month), (year)„ ca by __ {name of officer or agent, title of officer or agent) of (name of entity). Personally Known Produced Identification: Type of ID and Number on ID CD (SEAL) � S ig�anyat�ry+of Notary 55M8rgY9nneL te 1 FirmaI' 1(Nr /r L �r� nc 1753' Name of otary(Typed.stampedarpdnted) 2 Notary Public, State of FY2020 Capital Project Funding Security 8 Facility Upgrades G/CC: Baker Act Receiving Facility PacketiPg. 683 13 C.24.c Q � ~ o m = o x LUI o b09- W L H O U O > 4 ,U O = p c U ° a a� o o o ;� CD U o L c o - O .N � 64 t"U7 s N 71 — o 0 y�y U �y oE - y�, D " O " y " CL O _ E O vy "(J L C} ILI E -� � E } t y c+� a yam, U CJ CJ — L � r,�y "— �a— �5 U O W EU Q V o2S •0 Q y c - Q- air CL y 0 Q U ! tJ y L H U NCL Jy "tJy Jy �D H Z C t UCL LU U O a (D LJJ O U J y t u� w 04 C �� $, CD 04 W ) $, -�- :�- N w- w try 0 C N 0 O O c a) 0 C ".. - LU O N .. - ' yy W W CO V U i i S7 ,. t�7 ` U � � c� � 0) c Q Q O O U N 0 C 0 Q �� 0 "� � Z Z Z Z ,C cn Q LL 14 FY2020 Capital Project Funding Security & Facility Upgrades G/CC: Baker Act Receiving Facility Packet Pg.684 ATTACHMENT B SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE " 4AAn (Company) "...warrants that he/it has not employed, retained or otherwise had act on his/her behalf any former County � officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. 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." (Signature) Date; �. TO BE COMPLETED BY NOTARY (in accordance with State notary requirements) State ofQy �1 County of This instrument was acknowledged before me, by means ofAphysical presence or❑ online l notarization, this JLday of�(month),�e''C0 (year), y by ..rsD V (name of officer or agent, title of officer or agent) of e- (name of entity). Personally Known Produced Identification: Type of ID and Number on ID (SEAL) ign a of Notary el YEE �1f."f Prrx,ds �.hnsonolft h— U G f 15345 Name f Notary(Typed,Stamped orPnnled) Notary Public, State of FY2020 Capital Project Funding Security & Facility Upgrades G/CC: Baker Act Receiving Facility PacketiPg. 68`5 15 ATTACHMENT C DRUG-FREE WORKPLACE FORM The unde ,igned vendor in acc rdance with Florid Statute ;-87.087 hereby certifies that: dAQ--- (Name of Business) S 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace,the business'policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the E commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five(5) days after such conviction. 5. Impose a sanction on or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. CL As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. c, (Signature Date: r9 TO BE COMPLETED BY NOTARY(in accordance with State notary requirements) State of 2Qk1 A is ®I County of _._ _1 h r" This instrument was acknowledged before me, by means ofXphysical presence or 0 online notarization,this day of (month), (year), by _ (name of officer or agent, title of officer or agent)of .`NL'(name of entity). U LPersonally Known N Produced Identification: Type of ID and Number on 1D U_ (SEAL) �++ Notary Public State of Florida igna of Notary Maryanne L Johnson My Commission GG 175345 a Expires 01/15/2022 /1 Name rArhWary(Typed,Stamped or Printed) Notary Public, State of FY2020 Capital Project Funding Security&Facility Upgrades G/CC: Baker Act Receiving Facility PacketiPg. 686 1�• ATTACHMENT D PUBLIC ENTITY CRIME STATEMENT ns "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity,may not be awarded or perform work as a CONTRACTOR, supplier, subcontractor, or 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, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." I have read the above and state that neither , , Respondent's name) nor any Affiliate has been placed on the convicted vendor list within the last 36 months. (Signature) Date: i f_ ns CL ns TO BE COMPLETED BY NOTARY(in accordance with State notary requirements) M State of County of Mnl&+b This instrument was acknowledged before me, by means ofAphysical presence or❑ online notarization,this Kday of (month),W-6—(year), by rOf Ail (name of officer or agent,title of officer or agent)of �,(name of entity). Personally Known U Produced Identification: Type of ID and Number on ID N (SEAL) Sign of Notary E Name of Notary(Typed,stamped at Printed) Notary PuWie stale of Florida ... Maryanne L Johnson L ► My Comrni:awn GG 175345 Notary Public, State of Expires 01t1&2022 FY2020 Capital Project Funding i Security& Facility Upgrades GICC: Baker Act Receiving Facility PacketiPg. 687