Item I6 BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: February 19, 2014 Division: Growth Management
Bulk Item: Yes No X Staff Contact Person/Phone#: Mike Roberts 289-2502
AGENDA ITEM WORDING: Approval of a Sole Source contract for the Trust for Public Lands
(TPL) to identify options for purchasing or financing future land acquisitions to support the County's
conservation and Growth Management objectives.
ITEM BACKGROUND: Planning & Environmental Resources staff have been researching and
evaluating options for increased land acquisition financing and other measures for conservation
purposes and to reduce potential takings liability for the County. Staff researched services provided by
non-profit conservation organizations and determined that only one organization provided the suite of
services necessary. This organization is the Trust for Public Lands (TPL).
Based on the results of this research, staff worked with TPL to develop the scope of services provided
in the proposed contract. The contract services include (1) feasibility research & report on funding
options; (2) conduct public information meetings and opinion surveys; and (3) recommend financing
strategies based on the results of the previous Tasks. Optional services (with future BOCC approval)
would include assistance in drafting ballot language for referendum. Exhibit C describes Conservation
Campaign services strictly for a private financing initiative.
PREVIOUS RELEVANT BOCC ACTION:
7/17/2013: BOCC direction to staff to contract with a firm to gauge community interest in alternative
land acquisition strategies.
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATIONS: Approval
TOTAL COST: $50,000 + INDIRECT COST: BUDGETED: Yes X No
optional $10,000 if Referendum is approved; plus $500/mtg over and above those included in the
Scope of Services
DIFFERENTIAL OF LOCAL PREFERENCE: NA
COST TO COUNTY: $50,000 - $60,000 SOURCE OF FUNDS: 148-52000-530340
REVENUE PRODUCING: Yes_ No X AMOUNT PER MONTH Year
APPROVED BY: County Atty, 32 OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required_
DISPOSITION: AGENDA ITEM#
Page 1 of 1
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Trust for Public Lands Contract#
Effective Date: a frj /y
Expiration Date:
Contract Purpose/Description:
The Trust for Public Lands contract is to identify options for puchasing or financing
future land acquisitions within Monroe County.
Contract Manager: Mike Roberts 2502 11
(Name) (Ext.) (Department/Stop#)
for BOCC meeting on -.? /ti 0!y Agenda Deadline:
CONTRACT COSTS
Total Dollar Value of Contract: $ 50,000 - Current Year Portion: $ 50,000-
$60,000 60,000
Budgeted? Yes® No ❑ Account Codes: 148-52000-530-340-
Grant: $ - - - -
County Match: $ N/A - - - -
ADDITIONAL COSTS
Estimated Ongoing Costs: $ /yr For:
(Not included in dollar value above) (eg.maintenance,utilities, janitorial,salaries,etc.)
CONTRACT REVIEW
Changes Date Out
Date In Needed Reviewer
Division Director Yes❑ No❑
�,
Risk Management ,� ti 1 Yes N ,
O.M.B./Purch sing 1403Yes[:] No
County Attorney 1" •
Comments:
OMB Form Revised 2/27/01 MCP#2
County of Monroe
Growth Management Division
Office of the Director , Board of County Commissioners
2798 Overseas Highway Mayor Sylvia Murphy,Dist.5
i
Suite#400 �%' � %���"'� U, Mayor Pro Tern Danny L.Kolhage,Dist. 1
Marathon,FL 33050 , / � �° Heather Carruthers,Dist.3
Voice:(305)289-2517 David Rice,Dist.4
Fax: (305)289-2854 George Neugent,Dist.2
We strive to be caring,professional,and fair.
MEMORANDUM
TO: BOARD OF COUNTY COMMISSIONERS
FROM: CHRISTINE HURLEY; GROWTH MANAGEMENT DIVISION DIRECTOR
DATE: FEBRUARY 19, 2014
RE: UPDATE OF LAND ACQUISITION INITIATIVES
At the direction of the BOCC,the Planning& Environmental Resources Department has researched &
evaluated options for increased land acquisition measures for conservation purposes and to reduce
potential takings liability. Staff researched services provided by non-profit conservation organizations
and determined that only the Trust for Public Lands(TPL)provided the suite of services required. The
Trust for Public Land's Conservation Finance program advises governments on conservation funding
and helps to design,pass, and implement measures that dedicate new public funds for parks, land
conservation, and other community needs. TPL's technical assistance services include feasibility
research,public opinion polling,ballot measure design, and legislative support. TPL can also provide
campaign services which include campaign planning, management, and fundraising
According to their literature,the Trust for Public Land has helped over 450 state and local jurisdictions
generate more than $34 billion to protect special places nationwide for parks, trails, open space,
historic landmarks, forests,watersheds,wilderness, farms, and ranches since 1996. Eighty-two percent
of all Trust for Public Land-supported measures have been approved at the ballot. Since 1996,the
Trust for Public Land has assisted in the passage of 23 local conservation finance ballot measures in
Florida, generating more than $1.3 billion for parks,watershed protection, and a range of other land
conservation purposes. Successful campaigns have included:
• Miami-Dade County passed the Safe Neighborhood Parks Act in 1996, a$200 million bond
referendum, which was approved with 67 percent support.
• In 2000, Broward County passed a$400 million bond referendum for parks and natural area
protection.
• A bond for improvements to parks and recreational facilities and the preservation of
endangered lands on the ballot in Miami-Dade County in November of 2004, which won by 66
percent.
The Trust for Public Land also worked with the City of Key West to pass a successful ballot measure
to support the acquisition of the Key West Bight in 1993.
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Based on the unique position of the Trust for Public Land, Staff worked with TPL to develop the scope
of services provided in the proposed contract. The contract services include:
(1) Feasibility Research & report on funding options
The Trust for Public Land will complete a research report identifying and analyzing a range of
options for increasing funding for acquisition such as tourist tax, sales tax, and establishing a
special taxing authority utilizing ad valorem tax for Monroe County to fund land acquisition, and
other community needs. TPL will examine and produce written documents outlining the legal
framework, the revenue-raising capacity, fiscal impact to government budgets and taxpayers, and
steps for implementation of these options.
The proposed fee for this activity is $6,000.
(2) Conduct public information meetings and opinion surveys
The Trust for Public Land will contract with a qualified public opinion survey firm to conduct a
professionally administered, statistically valid public opinion survey, through telephone interviews
of randomly selected voters in Monroe County. The public opinion survey can be funded either
publicly or privately. Private funding of the poll provides the Trust for Public Land with the ability
to keep results confidential if necessary.
The poll will be designed to test the following:
1. Specific ballot language and the level of voter support for a funding measure;
2. Support for a tax or bond issue of varying amounts;
3. Purposes for the use of funds the voters find most compelling;
4. Timing, i.e.,when is the best time to bring a measure to voters; and
5. Various accountability measures that may be incorporated into the measure.
The proposed fee for this activity is $32,000.
(3) Recommend financing strategies based on results of Tasks 1 —2.
The Trust for Public Land will provide a written final report containing recommendations for a
"best course"financing strategy to Monroe County to address the need to create reliable funding
for land acquisition and/or other community purposes
The proposed fee for this activity is $12,000.
The cost for the proposed contract is budgeted under 148-52000-530340 (Other Contractual Services),
which consists of funds originally set aside for assisting with the establishment of a Regional Offsite
Mitigation Area.
In addition to the above, TPL's Conservation Campaign(The Trust for Public Land's 501(c) (4)
lobbying and fundraising affiliate) offers campaign planning and management services, including
fundraising; directing the polling;preparing campaign materials; overseeing public education and
organizing get-out-the-vote programs; and managing compliance with laws governing campaign
finance and lobbying. According to their marketing literature(and Staff s research),the TPL
Conservation Campaign is the only national organization solely devoted to supporting public funding
for parks and related conservation purposes. In the event that the research and analysis conducted in
2
the above Tasks indicate support for a ballot measure, TPL has proposed the following optional
services:
Optional services(with future BOCC approval)would include assistance in drafting ballot language
for referendum.
Measure Design
The Trust for Public Land will advise on the crafting of the ballot language, including legal
parameters, examples of successful ballot questions, and consultation with county counsel as
necessary.
The proposed fee for this activity is $8,000.
Community Engagement and Education
The Trust for Public Land will conduct 3 public meetings strategically located in the Upper,
Middle, and Lower Keys to educate the public about the measure. Monroe County staff will
assist in identifying and securing meeting locations and in notifying the public of the events.
The proposed fee for this activity is $2,000.
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AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN
THE TRUST FOR PUBLIC LAND
AND MONROE COUNTY
THIS AGREEMENT ("Contract/Agreement") is made and entered into this day of
, 2014, by Monroe County ("COUNTY"), a political subdivision of the State of
Florida, whose address is 1100 Simonton Street, Suite 205, Key West, Florida 33040, and The
Trust for Public Land, a California nonprofit public benefit corporation with its principal place of
business at 101 Montgomery Street, Suite 900, San Francisco, CA 94104 ("CONSULTANT").
Section 1. SCOPE OF SERVICES
The CONSULTANT shall do, perform and carry out in a professional and proper manner certain
duties as described in the Scope of Services— Exhibit A—which is attached hereto and made
a part of this Agreement. Exhibit C describes services which may be performed if private funds
are used and if supported by private citizens, and is included only to show the possible services
that the CONSULTANT is able to provide at the end of the process and services furnished to
COUNTY.
Section 2. COUNTY'S RESPONSIBILITIES
2.1 Designate in writing a person ("Contract Manager') with authority to act on the
COUNTY'S behalf on all matters concerning the work product.
2.2 Coordinate with CONSULTANT as necessary for CONSULTANT'S performance of the
tasks in Exhibit A.
Section 3. TIME OF COMPLETION
The services to be rendered by the CONSULTANT shall be commenced upon written, including
email, notice from the COUNTY, and the work shall be completed in accordance with the
schedule mutually agreed to by the COUNTY and CONSULTANT as shown in Exhibit B,
unless it shall be modified in a signed document, by the mutual consent of the COUNTY and
CONSULTANT. Subsequent services shall be performed in accordance with schedules of
performance which shall be mutually agreed to by COUNTY and CONSULTANT. County,
through its Growth Management Director, shall have the authority to amend the schedule.
Section 4. COMPENSATION
4.1 The maximum compensation available to the CONSULTANT under this Agreement is
based on the activities detailed in the Scope of Services. The COUNTY agrees to pay
the CONSULTANT based on completion of work within the Scope of Service according
to the deliverables detailed in the Scope of Services.
4.2 Compensation shall be paid by activity completed and deemed satisfactory by the
Contract Manager. Services listed as additional may be agreed to by the Contract
Manager.
4.3 No public funds shall be expended for services on Exhibit C.
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Section 5. PAYMENT TO CONSULTANT
5.1 Payment will be made according to the Local Government Prompt Payment Act. Any
request for payment must be in a form satisfactory to the County Clerk (Clerk). The
request must describe in detail the services performed and the payment amount
requested. The CONSULTANT must submit to the COUNTY Contract Manager, who
will review the request. The Contract Manager shall note his/her approval on the
request and forward it to the Clerk for payment. If request for payment is not approved,
the Contract Manager must inform the CONSULTANT in writing that must include an
explanation of the deficiency that caused the disapproval of the request.
5.2 CONSULTANT shall submit by activity as detailed in the Scope of Services.
5.3 Any extension of this contract into the County's next fiscal year is contingent upon an
annual appropriation by Monroe County.
Section 6. CONTRACT TERMINATION
Either party may terminate this contract because of the failure of the other party to perform its
material obligations under the Contract. COUNTY may terminate this contract for any reason
upon fifteen (15) days written notice to the CONSULTANT. COUNTY shall pay CONSULTANT
for work performed through the date of termination.
Section 7. AUTHORIZATION OF WORK ASSIGNMENTS
7.1 All work assignments beyond or in addition to EXHIBIT "A" shall be authorized in a
signed document (Work Order) in accordance with the COUNTY's policy prior to any
work being conducted by the CONSULTANT.
7.2 Additional authorizations may contain additional instructions or provisions specific to the
authorized work for the purpose of clarifying certain aspects of this Agreement pertinent
to the work to be undertaken. Such supplemental instruction or provisions shall not be
construed as a modification of this Agreement. Authorizations shall be dated and serially
numbered.
7.3 The CONSULTANT shall not assign, sublet or transfer any rights under or interest in
(including, but not without limitations, moneys that may become due or moneys that are
due) this Agreement or subsequent Work Assignment without the written consent of the
COUNTY, except to the extent that any assignment, subletting, or transfer is mandated
by law or the effect of this limitation may be restricted by law and except for the public
opinion survey for which CONSULTANT is expressly permitted by COUNTY to contract
with a qualified public opinion survey firm. Unless specifically stated to the contrary in
any written consent to any assignment, no assignment will release or discharge the
assignor from any duty or responsibility under this Agreement.
Section 8. NOTICES
All notices, requests and authorizations provided for herein shall be in a signed document and
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shall be hand delivered, or mailed, certified / registered / return receipt requested, or sent by
courier service with a signed receipt, to the addresses as follows:
To the COUNTY:
Robert Shillinger, County Attorney
1111 12th Street
Key West, FL 33040
And
Roman Gastesi, County Administrator
1100 Simonton Street, Suite 205
Key West, Florida 33040
To the CONSULTANT: Brenda McClymonds
7900 Red Road Suite 26
South Miami, FL 33143
or addressed to either party at such other addresses as such party shall hereinafter furnish to
the other party in writing. Each such notice, request, or authorization shall be deemed to have
been duly given when so delivered by courier service, or, if mailed, when deposited in the mails,
registered, postage paid.
Section 9. RECORDS
CONSULTANT shall maintain all books, records, and documents directly pertinent to
performance under this Agreement in accordance with generally accepted accounting principles
consistently applied. Upon ten (10) business days' written notice and during normal business
hours, each party to this Agreement or their authorized representatives shall have reasonable
and timely access to such records of each other party to this Agreement for public records
purposes during the term of the Agreement and for four years following the termination of this
Agreement. If an auditor employed by the COUNTY or Clerk determines that moneys paid to
CONSULTANT pursuant to this Agreement were spent for purposes not authorized by this
Agreement, the CONSULTANT shall repay the funds. Any employee, consultant, sub-
CONSULTANT or agent of COUNTY granted access to such records shall execute a non-
disclosure Agreement prior to being granted such access. The preceding sentence shall not
apply to the CONSULTANT's records to the extent such records are deemed Public Records
pursuant to Chapter 119 of the Florida Statutes.
Section 10. EMPLOYEES SUBJECT TO COUNTY ORDINANCE NOS. 010 AND 020-1990
The CONSULTANT warrants that it has not employed, retained or otherwise had act on its
behalf, any former County officer or employee subject to the prohibition of Section 2 of
Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of
Ordinance No. 020-1990. For breach or violation of this provision the COUNTY may, in its
discretion, terminate this Agreement without liability and may also, In its discretion, deduct from
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the Agreement or purchase price, or otherwise recover the full amount of any fee, commission,
percentage, gift, or consideration paid to the former County officer or employee.
Section 11. CONVICTED VENDOR
A person or affiliate who has been placed on the convicted vendor list following a conviction for
public entity crime may not submit a bid on a contract with a public entity for the construction or
repair of a public building or public work, may not perform work as a CONSULTANT, supplier,
subconsultant, or CONSULTANT under contract with any public entity, and may not transact
business with any public entity in excess of the threshold amount provided in Section 287.017 of
the Florida Statutes, for Category 2 for a period of 36 months from the date of being placed on
the convicted vendor list.
Section 12. GOVERNING LAW, VENUE, INTERPRETATION, COSTS AND FEES
This Agreement shall be governed by and construed in accordance with the laws of the State of
Florida applicable to contracts made and to be performed entirely in the State.
In the event that any cause of action or administrative proceeding is instituted for the
enforcement or interpretation of this Agreement, the COUNTY and CONSULTANT agree that
venue shall lie in the appropriate court or before the appropriate administrative body in Monroe
County, Florida.
Section 13. SEVERABILITY
If any term, covenant, condition or provision of this Agreement (or the application thereof to any
circumstance or person) shall be declared invalid or unenforceable to any extent by a court of
competent jurisdiction, the remaining terms, covenants, conditions and provisions of this
Agreement, shall not be affected thereby; and each remaining term, covenant, condition and
provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted
by law unless the enforcement of the remaining terms, covenants, conditions and provisions of
this Agreement would prevent the accomplishment of the original intent of this Agreement. The
COUNTY and CONSULTANT agree to reform the Agreement to replace any stricken provision
with a valid provision that comes as close as possible to the intent of the stricken provision.
Section 14. ATTORNEY'S FEES AND COSTS
The COUNTY and CONSULTANT agree that in the event any cause of action or administrative
proceeding is initiated or defended by any party relative to the enforcement or interpretation of
this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs,
investigative, and out-of-pocket expenses, as an award against the non-prevailing party, and
shall include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate
proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall
be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures
required by the circuit court of Monroe County. This Agreement is not subject to arbitration.
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Section 16. BINDING EFFECT
The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the
benefit of the COUNTY and CONSULTANT and their respective legal representatives,
successors, and assigns.
Section 16. AUTHORITY
Each party represents and warrants to the other that the execution, delivery and performance of
this Agreement have been duly authorized by all necessary County and corporate action, as
required by law.
Section 17. ADJUDICATION OF DISPUTES OR DISAGREEMENTS
COUNTY and CONSULTANT agree that all disputes and disagreements shall be attempted to
be resolved by meet and confer sessions between representatives of each of the parties. If no
resolution can be agreed upon within 30 days after the first meet and confer session, the issue
or issues shall be discussed at a public meeting of the Board of County Commissioners. If the
issue or issues are still not resolved to the satisfaction of the parties, then any party shall have
the right to seek such relief or remedy as may be provided by this Agreement or by Florida law.
Section 18. COOPERATION
In the event any administrative or legal proceeding is instituted against either party relating to
the formation, execution, performance, or breach of this Agreement, COUNTY and
CONSULTANT agree to participate, to the extent required by the other party, in all proceedings,
hearings, processes, meetings, and other activities related to the substance of this Agreement
or provision of the services under this Agreement. COUNTY and CONSULTANT specifically
agree that no party to this Agreement shall be required to enter into any arbitration proceedings
related to this Agreement.
Section 19. NONDISCRIMINATION
COUNTY and CONSULTANT agree that there will be no discrimination against any person, and
it is expressly understood that upon a determination by a court of competent jurisdiction that
discrimination has occurred, this Agreement automatically terminates without any further action
on the part of any party, effective the date of the court order. COUNTY or CONSULTANT agree
to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating
to nondiscrimination. These include but are not limited to: Title VII of the Civil Rights Act of
1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin;
Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-
1686), which prohibits discrimination on the basis of sex; Section 504 of the Rehabilitation Act of
1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps;
The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits
discrimination on the basis of age; The Drug Abuse Office and Treatment Act of 1972 (PL 92-
255), as amended, relating to nondiscrimination on the basis of drug abuse; The
Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of
1970 (PL 91-616}, as amended, relating to nondiscrimination on the basis of alcohol abuse or
alcoholism; The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and
290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; Title
VIII of the Civil Rights Act of 1968 (42 USC s, et seq.), as amended, relating to
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nondiscrimination in the sale, rental or financing of housing; The Americans with Disabilities Act
of 1990 (42 USC s. 1201 Note), as may be amended from time to time, relating to
nondiscrimination on the basis of disability; Any other nondiscrimination provisions in any
Federal or state statutes which may apply to the parties to, or the subject matter of, this
Agreement.
Section 20. COVENANT OF NO INTEREST
COUNTY and CONSULTANT covenant that neither presently has any interest, and shall not
acquire any interest, which would conflict in any manner or degree with its performance under
this Agreement, and that only interest of each is to perform and receive benefits as recited in
this Agreement.
Section 21. CODE OF ETHICS
COUNTY agrees that officers and employees of the COUNTY recognize and will be required to
comply with the standards of conduct for public officers and employees as delineated in Section
112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing
business with one's agency; unauthorized compensation; misuse of public position, conflicting
employment or contractual relationship; and disclosure or use of certain information.
Section 22. NO SOLICITATION/PAYMENT
The COUNTY and CONSULTANT warrant that, in respect to itself, it has neither employed nor
retained any company or person, other than a bona fide employee working solely for it, to solicit
or secure this Agreement and that it has not paid or agreed to pay any person, company,
corporation, individual, or firm, other than a bona fide employee working solely for it, any fee,
commission, percentage, gift, or other consideration contingent upon or resulting from the award
or making of this Agreement. For the breach or violation of the provision, the CONSULTANT
agrees that the COUNTY shall have the right to terminate this Agreement without liability and, at
its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee,
commission, percentage, gift, or consideration.
Section 23. PUBLIC ACCESS
The COUNTY and CONSULTANT shall allow and permit reasonable access to, and inspection
of, all documents, papers, letters or other materials in its possession or under its control subject
to the provisions of Chapter 119, Florida Statutes, and made or received by the COUNTY and
CONSULTANT in conjunction with this Agreement; and the COUNTY shall have the right to
unilaterally cancel this Agreement upon violation of this provision by CONSULTANT.
Additionally, in accordance with Florida Statute Sec. 119.0701, CONSULTANT shall
(a) Keep and maintain public records that ordinarily and necessarily would be required by the
public agency in order to perform the service.
(b) Provide the public with access to public records on the same terms and conditions that the
public agency would provide the records and at a cost that does not exceed the cost provided in
chapter 119 Florida Statutes or as otherwise provided by law.
(c) Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law.
(d) Meet all requirements for retaining public records and transfer, at no cost, to the public
agency all public records in possession of the contractor upon termination of the contract and
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destroy any duplicate public records that are exempt or confidential and exempt from public
records disclosure requirements. All records stored electronically must be provided to the public
agency in a format that is compatible with the information technology systems of the public
agency.
Section 24. NON-WAIVER OF IMMUNITY
Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the
COUNTY and the CONSULTANT in this Agreement and the acquisition of any commercial
liability insurance coverage, self-insurance coverage, or local government liability insurance
pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor
shall any contract entered into by the COUNTY be required to contain any provision for waiver.
Section 26. PRIVILEGES AND IMMUNITIES
All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules
and pensions and relief, disability, workers' compensation, and other benefits which apply to the
activity of officers, agents, or employees of any public agents or employees of the COUNTY,
when performing their respective functions under this Agreement within the territorial limits of
the COUNTY shall 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.
Section 26. LEGAL OBLIGATIONS AND RESPONSIBILITIES
Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor
shall it be construed as, relieving any participating entity from any obligation or responsibility
imposed upon the entity by law except to the extent of actual and timely performance thereof by
any participating entity, in which case the performance may be offered in satisfaction of the
obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed
as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to
the extent permitted by the Florida constitution, state statute, and case law.
Section 27. NON-RELIANCE BY NON-PARTIES
No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to
enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or
program contemplated hereunder, and the COUNTY and the CONSULTANT agree that neither
the COUNTY nor the CONSULTANT or any agent, officer, or employee of either shall have the
authority to inform, counsel, or otherwise indicate that any particular individual or group of
individuals, entity or entities, have entitlements or benefits under this Agreement separate and
apart, inferior to, or superior to the community in general or for the purposes contemplated in
this Agreement.
Section 28. ATTESTATIONS
CONSULTANT agrees to execute such documents as the COUNTY may reasonably require, to
include a Public Entity Crime Statement„ an Ethics Statement, and a Drug-Free Workplace
Statement.
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Section 29. NO PERSONAL LIABILITY
No covenant or Agreement contained herein shall be deemed to be a covenant or Agreement of
any member, officer, agent or employee of Monroe County in his or her individual capacity, and
no member, officer, agent or employee of Monroe County shall be liable personally on this
Agreement or be subject to any personal liability or accountability by reason of the execution of
this Agreement.
Section 30. EXECUTION IN COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be
regarded as an original, all of which taken together shall constitute one and the same instrument
and any of the parties hereto may execute this Agreement by signing any such counterpart.
Section 31. SECTION HEADINGS
Section headings have been inserted in this Agreement as a matter of convenience of reference
only, and it is agreed that such section headings are not a part of this Agreement and will not be
used in the interpretation of any provision of this Agreement.
Section 32. INSURANCE POLICIES
32.1 General Insurance Requirements for CONSULTANTs and Subconsultants
As a pre-requisite of the work governed, or the goods supplied under this contract (including the
pre-staging of personnel and material), the CONSULTANT shall obtain, at his/her own expense,
insurance as specified in any attached schedules, which are made part of this contract. The
CONSULTANT will ensure that the insurance obtained will extend protection to all
Subconsultants engaged by the CONSULTANT. As an alternative, the CONSULTANT may
require all Subconsultants to obtain insurance consistent with the attached schedules.
The CONSULTANT will not be permitted to commence work governed by this contract until
satisfactory evidence of the required insurance has been furnished to the COUNTY as specified
below. Delays in the commencement of work, resulting from the failure of the CONSULTANT to
provide satisfactory evidence of the required insurance, shall not extend deadlines specified in
this contract and any penalties and failure to perform assessments shall be imposed as if the
work commenced on the specified date and time, except for the CONSULTANT's failure to
provide satisfactory evidence.
The CONSULTANT shall maintain the required insurance throughout the entire term of this
contract and any extensions specified in the attached schedules. Failure to comply with this
provision may result in the immediate suspension of all work until the required insurance has
been reinstated or replaced. Delays in the completion of work resulting from the failure of the
CONSULTANT to maintain the required insurance shall not extend deadlines specified in this
contract and any penalties and failure to perform assessments shall be imposed as if the work
had not been suspended, except for the CONSULTANT's failure to maintain the required
insurance.
The CONSULTANT shall provide, to the COUNTY, as satisfactory evidence of the required
insurance, either:
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• Certificate of Insurance
or
• A Certified copy of the actual insurance policy.
The County, at its sole option, has the right to request a certified copy of any or all insurance
policies required by this contract.
All insurance policies must specify that they are not subject to cancellation, non-renewal,
material change, or reduction in coverage unless a minimum of thirty (30) days prior notification
is given to the County by the insurer.
The acceptance and/or approval of the CONSULTANT's insurance shall not be construed as
relieving the CONSULTANT from any liability or obligation assumed under this contract or
imposed by law.
The Monroe County Board of County Commissioners, its employees and officials will be
included as "Additional Insured" on all policies, except for Workers' Compensation and
Professional Liablity.
32.2 INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN COUNTY AND
CONSULTANT
Prior to the commencement of work governed by this contract, the CONSULTANT shall obtain
General Liability Insurance. Coverage shall be maintained throughout the life of the contract
and include, as a minimum:
• Premises Operations
• Personal Injury Liability
• Expanded Definition of Property Damage
• Products and Completed Operations
• Blanket Contractual Liability
The minimum limits acceptable shall be:
$300,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$200,000 per Person
$300,000 per Occurrence
$200,000 Property Damage
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its
provisions should include coverage for claims filed on or after the effective date of this contract.
In addition, the period for which claims may be reported should extend for a minimum of twelve
(12) months following the acceptance of work by the County.
The Monroe County Board of County Commissioners shall be named as Additional Insured on
all policies issued to satisfy the above requirements.
Final jan27sg BOCK"2 19 14
32.3 VEHICLE LIABILITY INSURANCE REQUIREMENTS
Recognizing that the work governed by this contract requires the use of vehicles, the
CONSULTANT, prior to the commencement of work, shall obtain Vehicle Liability Insurance.
Coverage shall be maintained throughout the life of the contract and include, as a minimum,
liability coverage for:
• Owned, Non-Owned, and Hired Vehicles
The minimum limits acceptable shall be:
$300,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$200,000 per Person
$300,000 per Occurrence
$200,000 Property Damage
The Monroe County Board of County Commissioners shall be named as Additional Insured on
all policies issued to satisfy the above requirements.
32.4 WORKERS' COMPENSATION INSURANCE REQUIREMENTS
Prior to commencement of work governed by this contract, the CONSULTANT shall obtain
Workers' Compensation Insurance with limits sufficient to respond to the applicable state
statutes.
In addition, the CONSULTANT shall obtain Employers' Liability Insurance with limits of not less
than:
$100,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$100,000 Bodily Injury by Disease, each employee
Coverage shall be maintained throughout the entire term of the contract.
Coverage shall be provided by a company or companies authorized to transact business in the
state of Florida.
If the CONSULTANT has been approved by the Florida's Department of Labor as an authorized
self-insurer, the COUNTY shall recognize and honor the CONSULTANT's status. The
CONSULTANT may be required to submit a Letter of Authorization issued by the Department of
Labor and a Certificate of Insurance, providing details on the CONSULTANT's Excess
Insurance Program.
If the CONSULTANT participates in a self-insurance fund, a Certificate of Insurance will be
required. In addition, the CONSULTANT may be required to submit updated financial
statements from the fund upon request from the County.
Final jan27sg 130CC 2 19 14
Section 33. INDEMNIFICATION
Notwithstanding any minimum insurance requirements prescribed elsewhere in this Agreement,
the CONSULTANT covenants and agrees that he shall defend, indemnify and hold the
COUNTY and the COUNTY's elected and appointed officers and employees harmless from and
against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings,
appellate proceedings, or other proceedings relating to any type of injury (including death), loss,
damage, fine, penalty or business interruption, and (iii) any costs or expenses that may be
asserted against, initiated with respect to, or sustained by, any indemnified party by reason of,
or in connection with,. (A) any activity of CONSULTANT or any of its employees, agents,
consultants in any tier or other invitees during the term of this Agreement, (B) the negligence or
willful misconduct of CONSULTANT or any of its employees, agents, CONSULTANTs in any tier
or other invitees, or (C) CONSULTANT's default in respect of any of the obligations that it
undertakes under the terms of this Agreement, except to the extent the claims, actions, causes
of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent
acts or negligent acts in part or omissions of the COUNTY or any of its employees, agents,
CONSULTANTs or invitees (other than CONSULTANT). Insofar as the claims, actions, causes
of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur
during the term of this Agreement, this section will survive the expiration of the term of this
Agreement or any earlier termination of this Agreement.
In the event the completion of the project (including the work of others) is delayed or suspended
as a result of the CONSULTANT's failure to purchase or maintain the required insurance, the
CONSULTANT shall indemnify the County from any and all increased expenses resulting from
such delay.
The first ten dollars ($10.00) of remuneration paid to the CONSULTANT is for the
indemnification provided for above.
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this Agreement.
Notwithstanding anything in this contract to the contrary, the COUNTY agrees that
CONSULTANT's total liability to the COUNTY for any and all damages whatsoever arising out
of or in any way related to this Agreement from any cause, including but not limited to gross
negligence, errors, omissions, strict liability, breach of contract or breach of warranty shall not,
in the aggregate, exceed fees paid to CONSULTANT. The foregoing limitation shall not apply to
(1) claims of infringement, or (2) claims of personal injury or damage to tangible property arising
out of CONSULTANT's negligence or willful misconduct.
In no event shall CONSULTANT be liable for special, indirect, incidental, economic,
consequential or punitive damages, including but not limited to lost revenue, lost profits,
replacement goods, loss of technology rights or services, loss of data, or interruption or loss of
use of software or any portion thereof regardless of the legal theory under which such damages
are sought even if CONSULTANT has been advised of the likelihood of such damages, and
notwithstanding any failure of essential purpose of any limited remedy
Final jan27sg BOCC"2 19 14
Section 34. INDEPENDENT CONTRACTOR
At all times and for all purposes hereunder, the CONSULTANT is an independent
CONTRACTOR and not an employee of the Board of County Commissioners. No statement
contained in this Agreement shall be construed so as to find the CONSULTANT or any of
his/her employees, contractors, sub-consultants, servants or agents to be employees of the
Board of County Commissioners for Monroe County. As an independent contractor the
CONSULTANT shall provide independent, professional judgment and comply with all federal,
state, and local statutes, ordinances, rules and regulations applicable to the services to be
provided.
The CONSULTANT shall be responsible for the completeness and accuracy of its work, plan,
supporting data, and other documents prepared or compiled under its obligation for this project,
and shall correct at its own expense all significant errors or omissions therein which may be
disclosed. The cost of the work necessary to correct those errors attributable to the
CONSULTANT and any damage incurred by the COUNTY as a result of additional costs
caused by such errors shall be chargeable to the CONSULTANT. This provision shall not apply
to any maps, official records, contracts, or other data that may be provided by the COUNTY or
other public or semi-public agencies.
Section 35. DELAY
The CONSULTANT agrees that no charges or claims for damages shall be made by it for any
delays or hindrances attributable to the COUNTY during the progress of any portion of the
services specified in this contract. If possible, such delays or hindrances, if any, shall be
compensated for by the COUNTY by an extension of time for a reasonable period for the
CONSULTANT to complete the work schedule. Such an Agreement shall be made between the
parties based on funding availability.
Section 36. ATTACHMENT D
Attachment D is appended hereto as a response to questions posed to the CONSULTANT by
COUNTY. If there is a change to personnel listed in item 2., CONSULTANT will notify COUNTY.
BALANCE OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE TO FOLLOW
Final jan27sg BOCC 2 19 14
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the
day of 2014.
MONROE COUNTY
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: AMY HEAVILIN, CLERK
OF MONROE COUNTY, FLORIDA
By By
Deputy Clerk Mayor/Chairman
THE TRUST FOR PUBLIC LAND
Witness Signature \
Print Name Ray Ch stman, Division Director
Witness
Print Name
STATE OF
COUNTY OF
On this day of 20 , before me, the undersigned notary public, personally appeared
Ray Christman, Division Director of The Trust for Public Land who states he is authorized to execute this
document, and is known to me to be the person whose name is subscribed above or who produced
as identification, and acknowledged that he is the person who executed the
document above for the purposes therein contained.
Notary Public
Print Name
My commission expires: Seal
MONRO� NTY ATTORNEY
n AP rc rV AS
.,�,�
P TO FORM
Final jan27sg BOCC 2 19 14 "
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TPL Conservation Finance Proposal for Monroe County, Florida
EXHIBIT A
Project Description
The work we propose to carry out for Monroe County would include the following elements:
Activity 1. Feasibility Research $6,000
The Trust for Public Land will complete a research report identifying and analyzing a range of
options for increasing funding for acquisition such as tourist tax, sales tax, and establishing a
special taxing authority utilizing ad valorem tax for Monroe County to fund land acquisition,
and other community needs. TPL will examine and produce written documents outlining the
legal framework, the revenue-raising capacity, fiscal impact to government budgets and
taxpayers, and steps for implementation of these options.
This research will provide a fact-based reference document to be used as a shared information
source and frame of reference for Monroe County to evaluate the advantages and
disadvantages of various financing mechanisms.
Deliverables: Written Report (15 hard copies and 1 digital file) and Presentation to Board of
County Commissioners (2 meetings)
Activity 2. Public Opinion Survey/Community Engagement Meetings - $32,000
After completing the feasibility research, the Trust for Public Land will contract with a
qualified public opinion survey firm to conduct a professionally administered, statistically valid
public opinion survey, through telephone interviews of randomly selected voters in Monroe
County.
The poll will be designed to test the following:
1. Specific ballot language and the level of voter support for a funding measure;
2. Support for a tax or bond issue of varying amounts;
3. Purposes for the use of funds the voters find most compelling;
4. Timing,i.e.,when is the best time to bring a measure to voters; and
5. Various accountability measures that may be incorporated into the measure.
The Trust for Public Land staff will submit a written report and make presentations to
Monroe County staff(2 times), elected officials (2 meetings), and other interested partners of
key research findings and poll results.
In addition, TPL will organize and carry out 3-public information meetings prior to polling
that would explain to the citizens of Monroe County the purposes of this effort and solicit
feedback and opinion on the alternative funding options. Monroe County staff will assist in
BOCC 02 19 14(2)(b)
LUW& TR%ITuwv�.wti,gpUn.'.L..mNI'
TPL Conservation Finance Proposal for Monroe County, Florida
identifying and securing meeting locations and in providing notice to the public. The Trust
for Public Land is specialized in carrying out community engagement meetings as part of our
work in park design and development and conservation finance. We believe that by forging
partnerships and soliciting broad community input, ballot measures and conservation
measures are not only better supported by the public but are shaped to the maximum extent
possible as good instruments of public policy.
Deliverables:Written Report(15 hard copies and 1 digital file) and 7 meetings
• Meeting participation;
• Meeting agendas;
• Written meeting summaries;
• Presentation materials for workshops (e.g. PowerPoint presentation);
Activity 3. Financing Program Recommendations/Presentations & Recommendation-
$12,000
The Trust for Public Land will provide a written final report containing recommendations for
a "best course" financing strategy to Monroe County to address the need to create reliable
funding for land acquisition and/or other community purposes and will present the findings
to Monroe County staff and elected officials (1 meeting).
Deliverables:Written Final Report and Recommendation and 1 meeting
• (Draft report and opportunity for staff comment and revisions (15 copies)
• Final Report(15 hard copies and 1 digital file of final report)
Additional Services
If the County decides, based upon the information and recommendations provided by The
Trust for Public Land, to move forward with a ballot measure,TPL will provide the following
additional services:
Activity 4. Measure Design -- $8,000
The Trust for Public Land will advise on the crafting of the ballot language, including legal
parameters, examples of successful ballot questions, and consultation with county counsel as
necessary.
Deliverables:Design of final ballot language
Activity 5. Community Engagement and Education--$2,000
The Trust for Public Land will conduct 3 public meetings strategically located in the Upper,
Middle, and Lower Keys to educate the public about the measure. Monroe County staff will
assist in identifying and securing meeting locations and in notifying the public of the events.
BOCC 02 19 14(2)(b)
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TPL Conservation Finance Proposal for Monroe County, Florida
The proposed budget for items #1-5 are lump sum fees and include all travel and other
expenses as well as TPL staff time and use of third-party consultants.
6. Other Additional Meetings/Hearings - $500 for each additional meeting with TPL staff
attendance and coordination at additional meetings/hearings before the BOCC or Land
Authority or the general public.
7. Expenses - This budget includes all TPL staff cost, travel and other expenses, and
required third party expenses such as polling.
The cost for providing the services contained in the work activities 1 thru 3 is $50,000.
If the County would like to move forward with the services described in activities 4
and 5, the cost would be an additional$10,000.
BOCC 02 19 14(2)(b)
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TPL Conservation Finance Proposal for Monroe County, Florida
EXHIBIT B
Schedule
TPL's proposed schedule for carrying out the services described above, assuming County
Commission approval of this proposal in February,is as follows:
1. March/April—Feasibility Research Report /Meetings with County Commissioners
(Completion of Activity 1)
2. April/May — Polling, follow up report on poll results, and meetings with staff and
county commission. (Completion of Activity 2)
3. May — Final Written Report and Recommendations (Completion of Activities 1, 2, 3
above)
4.June/July—Measure design and community engagement and education*
*These activities will take place only if the County Commission decides to move forward
with ballot measure
BOCC 02 19 14(2)(b)
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TPL Conservation Finance Proposal for Monroe County, Florida
EXHIBIT C
Additional Conservation Services -- Campaign Services (private)
Not Covered in this Contract
If Monroe County decides to move forward with a ballot initiative for land acquisition,and/or
other community needs, TPL through its Conservation Campaign w The Trust for Public
Land's 5O1(c) (4) lobbying and fundraising affiliate - can offer a comprehensive suite of
campaign planning and management services, including fundraising; directing the polling;
preparing campaign materials; overseeing public education and organizing get-out-the-vote
programs;and managing compliance with laws governing campaign finance and lobbying.
This work is typically paid for with private funds provided by individuals and organizations
who support the objectives of the ballot measure.
The TPL Conservation Campaign is the only national organization solely devoted to
supporting public funding for parks and related conservation purposes. TPL has a long and
successful track record of building coalitions to support park and land conservation ballot
measures. We help to recruit a campaign committee of civic leaders who can become the
advocates for the measure in the community. We strive to build coalitions that help foster
broad-based, non-traditional alliances that help with the success of ballot measures. Along
with Committee members, we assemble written endorsements for the measure, and fundraise
to support the public outreach and campaign.
The Trust for Public Land can manage the communications for the campaign, including the
"earned" media, paid media (IV, radio, direct mail, and advertisements). We can help with
the management of social media, and we can assist with phone banks prior to the election.
Finally, TPL also can carry out grassroots organizing to facilitate get-out-the-vote efforts for
the election.
BOCC 02 19 14(2)(b)
ATTACHMENT D
The Trust for Public Land
Conservation Finance Proposal for Monroe County, Florida
1. What is the name of the contracting entity? Will Monroe County be working with a separate
entity within TPL?
The contracting entity will be: The Trust for Public Land, a 501 (c) (3) organization
2. What are the names of the people who will be working with Monroe County?Please provide
bio or qualifications.
The following TPL staff members will be working directly on the project,with assistance
from additional staff members who work in research and support positions:
Rav Christman Sr. Vice President
Mid-South Division Director
Ray Christman has over 30 years of experience working in the fields of urban development,
conservation, affordable housing and financial services. In this regard, he has served in senior
level positions in the for-profit, non-profit, and governmental sectors.
Ray began his career, after earning a Master's Degree in Urban and Regional Planning, with the
Pittsburgh-based Western Pennsylvania Conservancy, one of the largest local land trusts in the
country, working on land acquisition and land use policy. He subsequently worked for several
Pittsburgh area not-for-profits that were involved in the redevelopment of Pittsburgh and its
economy.
Ray also served during the 1980s and 1990s as Executive Director of the Urban Redevelopment
Authority of Pittsburgh,the City of Pittsburgh's development agency, and for four years as
Secretary of Commerce for Pennsylvania in the administration of Governor Robert Casey.
Ray spent nearly 15 years in the financial services sector working in the Federal Home Loan
Bank system, first as Chairman of the Pittsburgh Federal Home Loan Bank and then as President
and CEO of the Atlanta Federal Home Loan Bank.
After retiring from the Home Loan Bank system in 2007, Ray returned to work related to
consulting and non-profit management. He managed former Atlanta Mayor Shirley Franklin's
major transit expansion initiative, and provided consulting services to a number of local and
national non-profits. He served for two years as Director of the Livable Communities Coalition
of Metro Atlanta, a consortium of more than 50 organizations whose mission is to advocate for
and promote smart growth and sustainable development policies and practices.
In 2011, Ray joined The Trust for Public Land as Senior Vice President and Division Director
for the Mid-South Division.
Ray has an undergraduate degree in Business from Florida State University and a Master's
Degree in Urban and Regional Planning from the University of Pittsburgh.
William W. Abber ,er Director
Conservation Finance
Will is Director of TPL's national Conservation Finance Program, helping state and local
governments and citizen groups throughout the United States gauge public support for open
space and craft ballot and legislative measures that generate new sources of funding for land
conservation. Will led TPL's efforts to secure legislative approval in 1999 of the Florida Forever
Act,the nation's largest legislatively enacted state conservation land acquisition program. He
was also actively involved in helping to design and win voter approval in 2008 for the Minnesota
Clean Water, Land, and Legacy state constitutional amendment,the nation's largest land
conservation ballot measure. He has been directly involved in more than seventy local and state
land conservation ballot measures and numerous legislative campaigns. In his nineteen years
with the Trust for Public Land, Will's responsibilities have also included serving as associate
director for Conservation Finance in the eastern United States, directing Florida Programs for the
Florida Office, directing the Conservation Services program for TPL's nine-state Southeast
Region, and directing TPL's Southeast Land Trust program.
Before coming to the Trust for Public Land, he served as Associate with World Wildlife Fund's
Successful Communities Program in Washington, D.C.; Field Representative for the Successful
Communities Program in Florida, in partnership with 1000 Friends of Florida; and Senior
Cabinet Aide for environmental affairs in the Florida Treasurer's office. He is also a former
employee of the natural resources unit of the Florida Governor's Office of Planning and
Budgeting.
Will received a Master's degree in Urban and Environmental Planning from the University of
Virginia, School of Architecture, where he worked for the University's Institute for
Environmental Negotiation, and a B.A. in English from Davidson College.
Brenda McCI monds Senior Pro ram Director
South Florida
Brenda McClymonds joined The Trust for Public Land in 1991, and has worked on many of
South Florida's signature conservation efforts, including preserving Snake Warrior's Island,the
first Seminole settlement in South Florida, which is now a 53-acre park in Broward County, and
leading the effort to save the Miami Circle, a 2000-year-old archaeological site at the mouth of
the Miami River in downtown Miami. She launched the planning of the Miami River Greenway
project in 1999, secured a$2.5 million grant from the Knight Foundation for the project, and
used the private funds to leverage over$7 million in public funds for the construction of the
greenway.
Representing the Conservation Finance Program of TPL, Brenda spearheaded the passage of a
$200 million bond referendum for parks in Miami-Dade County in 1996 and a successful $400
million parks and land preservation bond measure in Broward County, Florida in 2000. Brenda
worked on additional successful conservation finance measures in South Florida, including in
West Palm Beach and St. Lucie County.
Beginning in 2004, Brenda served as the Director of Philanthropy for the Southern Division of
The Trust for Public Land, leading the effort to restore 50 acres of City Park in New Orleans
after Hurricane Katrina by raising$2.5 million in private funds to fund the design and
construction of the beloved park. Beginning in January, 2012, she is re-focusing on South
Florida as a Senior Urban Program Director.
Brenda has a Juris Doctorate Degree from Nova University School of Law.
3. Current financial statement
Attached in a pdf
4. Statement of type of corporation and where incorporated.
Attached in a pdf
5. Names of current Officers and Directors:
OFFICERS
William B. Rogers, President and Chief Executive Officer
Adrain Benepe, Senior Vice President and Director of City Park Development
Margie Kim Bermeo, Senior Vice President and Chief Philanthropy Officer
Ray Christman, Senior Vice President and Division Director
Sean Connolly, Senior Vice President and Chief Marketing Officer
Ernest Cook, Senior Vice President and Director of Conservation Strategies
Jeff Danter, Senior Vice President and Division Director
Kathy DeCoster, Vice President and Director of Federal Affairs
M. Holly Haugh, Senior Vice President, General Counsel and Secretary
Roger Hoesterey, Senior Vice President and Division Director
Cynthia Scherer, Senior Vice President, Chief Financial Officer and Treasurer
Brenda J. Schick, Vice President and Director of Conservation Transactions
Barbara Smith, Vice President and Director of Human Resources
Board of Directors
Page Knudsen Cowles (Chair), Stephen W. Baird, George Bell, William J. Cronon, George P.
Denny III, Douglas Durst, F. Whitney Hatch, Caroline P. Niemczyk, Michael E. Patterson,
Thomas S. Reeve, Roy Richards, Jr., William B. Rogers (ex officio), Ron Sims, Sheryl Crockett
Tishman, F. Jerome Tone, Susan D. Whiting.
6.Number of years in operation doing this scope of work.
The Trust for Public Land was founded in 1972. While The Trust for Public Land worked
on several earlier conservation measures,such as the campaign to preserve the Key West
Bight, the Conservation Finance program was officially begun in 1996.
7. Within the last five years, has the corporation or any of its officers and directors been in
litigation, been a party in a lawsuit, arbitration, mediation concerning similar services that are to
be provided to Monroe County?
No.
8. Are there any judgments, claims, arbitration proceedings or suits pending or outstanding
against the entity, its principals or any entity previously owned, operated or directed by any of its
officers, directors, etc. If yes, provide details.
The Trust for Public Land: Litigation Summary—as of 11-5-13
Quinones v. SEN, The Trust for Public Land,etal(New York State Court)
❑ Personal injury case related to injury on a playground which TPL renovated.
• In discovery phase.
• Our counsel is planning to bring a Motion for Summary Judgment as soon as the Court
allows.
Rountree v. Bronx Land Trust, City of New York and The Trust for Public Land (New
York State Court)
E Claim of injury due to a fall in a community garden. At the time, the property was
owned by TPL and licensed to the Bronx Land Trust.
• In discovery phase.
SOAL, etal v. County of Santa Cruz and Coast Dairies and Land Company (CDLC) (a
supporting organization to The Trust for Public Land)(California State Court)
• Suit brought against the County of Santa Cruz to require a coastal development permit
(CDP)before CDLC divides its land to transfer a portion to the federal Bureau of Land
Management, and for injunction against TPL/CDLC to prevent such land division and
land transfer without a CDP
• Several causes of action have been dismissed and the dismissals upheld by the appellate
court.
• On October 21, 2013,the judge ruled in favor of CDLC on the remaining cause of action
related to the California Subdivision Map Act.
9. Has the entity failed to complete work pursuant to a contract of a similar nature.
No.
10.Three customer references and telephone numbers:
Joyce Shanahan
City Manager
City of Ormond Beach
22 S. Beach St.
Ormond Beach, FL 32174
386-676-3200
ioyce.shanahan@ormondbeach.or4
Patty Kennedy
Executive Director
Beaufort County Open Land Trust
1001 Bay Street
P.O. Box 75
Beaufort, SC 29901
843-521-2175
pattyCa)ogenlandtrust.com
Peter Sortino
Assistant Vice Chancellor
Washington University in St. Louis
Campus Box 1044
One Brookings Drive
St. Louis, MO 63130
314-935-3986
psortino@wust.edu
Respectfully submitted by:
Ray Christman, Sr. Vice President
THE TRUST FOR PUBLIC LAND
AND AFFILIATES
(NOT-FOR-PROFIT CORPORATIONS)
MARCH 31, 2012
SINGLE AUDIT REPORT
The Trust for Public Land and Affiliates
(Not-for-Profit Corporations)
Single Audit Report
Independent Auditors'Report 1 -2
Consolidated Financial Statements:
Consolidated Statement of Financial Position 3
Consolidated Statement of Activities and Changes in Net Assets 4
Consolidated Statement of Cash Flows 5
Notes to Consolidated Financial Statements 6- 26
Schedule of Expenditures of Federal and Certain State Awards 27-28
Independent Auditors'Report on Internal Control over Financial
Reporting and on Compliance and Other Matters Based on an Audit
of Financial Statements Performed in Accordance with Government
Auditing Standards 29- 30
Independent Auditors'Report on Compliance with Requirements That
Could Have A Direct and Material Effect on Each Major Program and
Internal Control over Compliance in Accordance with OMB Circular
A-133 31 - 32
Schedule of Findings and Questioned Costs 33 -34
M
HoOD , "�
STRQNG tm�LP
Independent Auditors' Report Consultants and
Business Advisors
THE BOARD OF DIRECTORS
THE TRUST FOR PUBLIC LAND
San Francisco,California
l00 First Sheet
We have audited the accompanying consolidated statement of financial position of THE 14"'Floor
TRUST FOR PUBLIC LAND and its Affiliates (not-for-profit corporations) (the Trust)
as of March 31, 2012, and the related consolidated statements of activities and changes in net
assets and cash flows for the year then ended.These financial statements are the responsibility sun Francisco
of the Trust's management. Our responsibility is to express an opinion on these financial
statements based on our audit. The prior year summarized comparative information has been CA 94105
derived from the Trust's 2011 financial statements and, in our report dated July 20, 2011, we
expressed an unqualified opinion on those financial statements.
415.781.0793
We conducted our audit in accordance with auditing standards generally accepted in the
United States of America and the standards applicable to financial audits contained in far 415.421.2976
Government Auditing Standards, issued by the Comptroller General of the United States.
Those standards require that we plan and perform the audit to obtain reasonable assurance
about whether the financial statements are free of material misstatement. An audit includes 10 Ahnuden Boulevard
examining, on a test basis, evidence supporting the amounts and disclosures in the financial
statements. An audit also includes assessing the accounting principles used and significant
estimates made by management, as well as evaluating the overall financial statement Suite 250
presentation. We believe that our audit provides a reasonable basis for our opinion.
In our opinion, the consolidated financial statements referred to above present fairly, in all San.lose
material respects, the financial position of the Trust as of March 31, 2012,and the changes in
their net assets and their cash flows for the year then ended in conformity with accounting CA 95113
principles generally accepted in the United States of America.
In accordance with Government Auditing Standards, we have also issued our report dated 408,998 8400
July 19, 2012 on our consideration of the Trust's internal control over financial reporting and
our tests of its compliance with certain provisions of laws, regulations, contracts and grant fax 408.998.8485
agreements and other matters. The purpose of that report is to describe the scope of our
testing of internal control over financial reporting and compliance and the results of that
testing, and not to provide an opinion on the internal control over financial reporting or on
compliance. That report is an integral part of an audit performed in accordance with
Government Auditing Standards and should be considered in assessing the results of our
audit.
1
Our audit was conducted for the purpose of forming an opinion on the consolidated financial statements
taken as a whole. The accompanying schedule of expenditures of federal and certain state awards is
presented for purposes of additional analysis as required by U.S. Office of Management and Budget
Circular A-133,Audits of States, Local Governments, and Non-Profit Organizations, and is not a required
part of the basic financial statements. Such information is the responsibility of management and was
derived from and relates directly to the underlying accounting and other records used to prepare the
consolidated financial statements. The information has been subjected to the auditing procedures applied
in the audits of the financial statements and certain additional procedures, including comparing and
reconciling such information directly to the underlying accounting and other records used to prepare the
consolidated financial statements or to the consolidated financial statements themselves, and other
additional procedures in accordance with auditing standards generally accepted in the United States of
America. In our opinion, the information is fairly stated in all material respects in relation to the
consolidated financial statements as a whole.
�6bd a S� ��'
San Francisco,California
July 19,2012
2
The Trust for Public Land and Affiliates
(Not-for-Profit Corporations)
Consolidated Statement of Financial Position
(dollars in thousands)
March 31, 2012 (with summarized comparative information as of March 31, 2011)
2012 2011
Assets
Cash and cash equivalents $ 8,038 $ 7,327
Investments 86,079 87,593
Escrow accounts and other receivables,net 8,757 6,537
Contributions receivable,net 10,310 8,399
Notes receivable 4,203 2,856
Deposits on land transactions 862 3,268
Land holdings 107,542 139,985
Charitable trust assets 58,175 61,916
Property,furniture and equipment,net 1,142 1,320
Other assets 494 308
Total assets $ 285,602 $ 319,509
Liabilities and Net Assets
Liabilities:
Accounts payable and accrued expenses $ 14,555 $ 16,526
Option payments received 5,687 4,387
Refundable advances 2,269 3,025
Mitigation advances 1,924 1,911
Notes payable 37,859 58,060
Liabilities to beneficiaries of charitable trusts 41,925 45,412
Total liabilities 104,219 129,321
Net Assets:
Unrestricted 44,268 46,801
Temporarily restricted 126,369 132,536
Permanently restricted 10,746 10,851
Total net assets 181,383 190,188
Total liabilities and net assets $ 285,602 $ 319,509
The accompanying notes are an integral part of this statement.
3
The Trust for Public Land and Affiliates
(Not-for-Profit Corporations)
Consolidated Statement of Activities and Changes in Net Assets
(dollars in thousands)
Year ended March 31,2012(with summarized comparative information for March 31,2011)
2012 2011
Temporarily Permanently
Unrestricted Restricted Restricted Total Total
Revenues and Additions to Net Assets:
Contributions of land and easements:
Fair market value acquired $ 175,076 $ 216 $ 175,292 $ 247,902
Less consideration paid (160,642) (160,642) (229,418)
Contributions of land and
easement values received 14,434 216 14,650 18,484
Contributions and grants-other:
Restricted 28,483 28,483 40,527
Unrestricted 54,892 54,892 46,981
Future interests in charitable trusts 480 480 40
Change in value of interests in charitable trusts (428) (428) 1,220
Total contributions and grants-other 54,892 28,535 83,427 88,768
Total contributions and grants 69,326 28,751 98,077 107,252
Interest income 1,350 38 $ 2 1,390 1,382
Net realized and unrealized gains on investments 714 714 587
Change in value of land holdings (3,814) (810) (4,624) (1,014)
Allowance for uncollectible grants and
restricted grants returned to donor (506) (506) 139
Project fees and other income 16,776 16,776 13,764
Total revenues and additions 84,352 27,473 2 111,827 122,110
Net assets released from restrictions 33,747 (33,640) (107)
Total revenues and additions to net assets 118,099 (6,167) (105) 111,827 122,110
Expenses and Reductions to Net Assets:
Program services:
Contributions of land and easements to public
agencies and other nonprofit organizations:
Fair market value conveyed 200,776 200,776 266,416
Less consideration received (141,158) (141,158) (212,296)
Contributions of land and
casement values made 59,618 59,618 54,120
Open space conservation programs 41,211 41,211 50,999
Total program services 100,829 100,829 105,119
Support services:
Development 8,837 8,837 7,988
Management and support services 10,966 10,966 10,815
Total support services 19,803 19,803 18,803
Total expenses and reductions to net assets 120,632 120,632 123,922
Net Decrease in Net Assets (2,533) (6,167) (105) (8,805) (1,812)
Net Assets,beginning of year 46,801 132,536 10,851 190,188 192,000
Net Assets,end of year $ 44,268 $ 126,369 $ 10,746 $ 181,383 $ 190,188
The accompanying notes are an integral part of this statement.
4
The Trust for Public Land and Affiliates
(Not-for-Profit Corporations)
Consolidated Statement of Cash Flows
(dollars in thousands)
Year ended March 31,2012(with summarized comparative information for March 31,1011) 2012 2011
Cash Flows from Operating Activities:
Net decrease in net assets $ (8,805) $ (1,812)
Adjustments to reconcile net decrease in net assets
to net cash provided by operating activities:
Fair market value of land and easements acquired (175,292) (247,902)
Change in value of land holdings 4,624 1,014
Contribution revenue from debt forgiveness (13,270) (225)
Net realized and unrealized gains on investments (714) (590)
Imputed interest contribution,net of expense (92) 110
Fair market value of land and easements conveyed to
public agencies and other nonprofit organizations 200,776 266,416
Fair market value of land sold to private parties 2,335 509
Permanently restricted contributions and grants (2) (1)
Depreciation and amortization 274 286
Contributed stock (1,336) (4,008)
Changes in operating assets and liabilities:
Escrow accounts and other receivables (2,220) 259
Contributions receivable (1,911) 3,889
Deposits on land transactions 2,406 (1,268)
Charitable trust assets 3,741 (2,087)
Other assets (186) 78
Accounts payable and accrued expenses (1,971) (1,277)
Option payments received 1,300 (2,630)
Deferred revenue (755) (4,905)
Mitigation advances 25 414
Liabilities to beneficiaries of charitable trusts (3,487) 854
Net cash provided by operating activities 5,440 7,124
Cash Flows from Investing Activities:
Proceeds from maturity/sales of investments 64,597 55,274
Purchases of investments (61,044) (55,279)
Payments received from notes receivable 7,031 2,630
Issuance of notes receivable (8,378) (1,785)
Acquisitions of property and equipment (97) (246)
Net cash provided by investing activities 2,109 594
Cash Flows from Financing Activities:
Proceeds from borrowings for land acquisitions 61,250 118,675
Repayment of borrowings for land acquisitions (68,090) (126,670)
Proceeds from permanently restricted contributions and grants 2 1
Net cash used by financing activities (6,838) (7,994)
Net Increase(Decrease)in Cash and Cash Equivalents 711 (276)
Cash and Cash Equivalents beginning of year 7,327 7,603
Cash and Cash Equivalents,end of year $ 8,038 $ 7,327
Supplemental Information:
Interest paid during the year $ 1,281 S 1,787
The accompanying notes are an integral part of this statement.
5
The Trust for Public Land and Affiliates
(Not-for-Profit Corporations)
Notes to Consolidated Financial Statements
Note 1- General:
The Trust for Public Land and affiliates (the "Trust") are charitable, not-for-profit
corporations created to serve the public's need for open space preservation in metropolitan,
rural and natural areas. The Trust's principal objective is to facilitate the transfer of privately
held land into protective public and not-for-profit ownership.
Note 2- Summary of Significant Accounting Policies:
a. Principles of Consolidation
The consolidated financial statements include all accounts and operations of The Trust
for Public Land and organizations in which The Trust for Public Land has both control
and an economic interest, which includes TPL-Mississippi, Inc., Coast Dairies and Land
Company, Inc., The California Conservation Trust, and The Conservation Campaign
(collectively the "Trust") as of March 31, 2012 and 2011, and also includes TPL-New
York, Inc. and TPL-Oregon, Inc. as of March 31, 2011. During fiscal year 2012, TPL-
New York, Inc. and TPL-Oregon, Inc. were legally dissolved. Intercompany accounts
and transactions have been eliminated in consolidation.
b. Basis of Presentation and Description of Net Assets
The Trusts reports information regarding its financial position and activities according to
their classes of net assets:unrestricted,temporarily restricted and permanently restricted.
Unrestricted Net Assets
The portion of net assets that is neither temporarily restricted nor permanently
restricted by donor-imposed stipulations. The Trust's Board of Directors has
internally designated the use of a portion of its unrestricted assets. These funds are
used primarily for timely but high-risk responses to purchase opportunities of
publicly desirable open space,which would otherwise be lost. In fiscal year 2011,the
Board of Directors internally designated $2,000,000 of a large unrestricted gift to
create seed money for a Parks for People Endowed Fund. Internally designated funds
available for use at March 31, 2012 and 2011 is $8,133,000 and $8,872,000,
respectively.
Temporarily Restricted Net Assets
Temporarily restricted net assets represent contributions whose use by the Trust is
limited by donor-imposed stipulations that either expire with the passage of time or
can be fulfilled and removed by activities conducted by the Trust pursuant to those
stipulations(see Note 9).
6
The Trust for Public Land and Affiliates
(Not-for-Profit Corporations)
Notes to Consolidated Financial Statements
IIIIIIIINEM
Permanently Restricted Net Assets
Permanently restricted net assets represent contributions restricted by the donor for
investment in perpetuity. The assets consist primarily of revolving capital funds,
which are used for capital investment in land purchases. The income from the
revolving capital funds are generally available for current use, but may also be donor
restricted(see Note 10).
The Trust maintains certain revolving funds to be used primarily for direct land
acquisition. These funds may be included in either Unrestricted Net Assets (board
designated), Temporarily Restricted Net Assets (available for permanent investment in
projects), or Permanently Restricted Net Assets (available for temporary use on projects
but subject to repayment). Revolving funds are generally restricted to certain
geographical areas or types of land.
c. Revenue Recognition
All contributions and grants, whether or not restricted, are recognized as revenue at fair
value when received or unconditionally promised to the Trust. The Trust classifies gifts
of cash and other assets as temporarily or permanently restricted support if received with
donor stipulations that limit the use of the contributions. When such donor restrictions
expire, that is,when stipulated or implied time restrictions end or purpose restrictions are
accomplished, temporarily restricted net assets are reclassified to unrestricted net assets
and reported in the accompanying Consolidated Statement of Activities and Changes in
Net Assets as net assets released from restrictions. Temporarily restricted landowner
donations are reported as unrestricted support when the conservation purpose is achieved
at the same time as when the contributions are received.
Conditional promises to give are not recorded as contribution revenue until the conditions
are substantially met(see Note 15).
The Trust earns unrestricted project fee and other income from a variety of sources,
including contract revenues, mitigation funding for land conservation, project
reimbursements, landowner fees, and rents (see Note 12). Project fee and other income is
reported when earned based upon the contract terms.
Government grants are primarily cost reimbursement grants and are recognized when
allowable costs have been incurred. The Trust's costs incurred under its government
grants are subject to audit by government agencies. Management believes that
disallowance of costs,if any,would not be material to the consolidated financial position
or consolidated changes in net assets of the Trust.
Funds received in advance of when earned are held in refundable advances. Refundable
advances are principally comprised of advances from government agencies for
conveyance of land into public ownership.
7'
The Trust for Public Land and Affiliates
(Not-for-Profit Corporations)
Notes to Consolidated Financial Statements
d. Use of Estimates
The preparation of financial statements in conformity with accounting principles
generally accepted in the United States of America requires management to make
estimates and assumptions that affect the reported amounts of assets and liabilities,
disclosure of contingent assets and liabilities at the date of the financial statements and
the reported amounts of revenues and expenses during the reporting period. Significant
estimates included in the Trust's consolidated financial statements are the fair value of
investments, land holdings and contributions of land and easements, allowance for
uncollectible receivables, and charitable trust assets. Actual results could differ from
those estimates.
e. Fair Value Measurements
Fair value is defined as the exchange price that would be received from an asset or paid
to transfer a liability (an exit price) in the principal or most advantageous market for the
asset or liability in an orderly transaction between market participants on the
measurement date. U. S. GAAP requires the Trust to disclose the fair value of each of its
assets and liabilities based on the level of observable inputs.
The Trust classifies its financial assets and liabilities measured at fair value on a recurring
basis based on a fair value hierarchy with three levels of inputs. Level 1 values are based
on unadjusted quoted prices in active markets for identical securities. Level 2 values are
based on significant observable market inputs,such as quoted prices for similar securities
and quoted prices in inactive markets. Level 3 values are based on significant
unobservable inputs that reflect the Trust's determination of assumptions that market
participants might reasonably use in valuing the securities. The valuation levels are not
necessarily an indication of the risk or liquidity associated with the assets and liabilities
measured at fair value.
f. Cash and Cash Equivalents
Cash and cash equivalents include interest-bearing deposits and short-term investments
purchased with maturities of three months or less.
g. Investments
Investments are carried at estimated fair value on the consolidated statement of financial
position. Stocks and mutual funds with readily determinable fair value are reported at
estimated fair value based on quoted market prices. Bonds are valued using observable
market based inputs or unobservable inputs that are corroborated by market data.
Investment in common stock in a private company is reported at estimated fair value
based upon amounts reported by the company. Investments received through gifts are
recorded at estimated fair value at the date of donation.
8
The Trust for Public Land and Affiliates
(Not-for-Profit Corporations)
Notes to Consolidated Financial Statements
Unrealized gains and losses that result from market fluctuations are recognized in the
period such fluctuations occur. Realized gains or losses resulting from sales or maturities
are calculated on an adjusted cost basis. Adjusted cost is the estimated fair value of the
security at the beginning of the year, or the cost if purchased during the year. Dividend
and interest income are accrued when earned.
h. Contributions and Grants Receivable
Contributions and grants receivable represent amounts unconditionally committed by
donors and agencies that have not been received by the Trust. Such receivables are
recorded at the present value of their estimated future cash flows. The discounts on
contributions receivable are computed using the Prime Rate as published by the Wall
Street Journal applicable to the month in which those promises were made. Management
believes this rate best approximates the rate a market participant would demand and is
appropriate in estimating fair value under the income approach. Amortization of the
discounts is included in contribution revenue in the accompanying Consolidated
Statement of Activities and Changes in Net Assets.
The Trust estimates the allowance for uncollectible contributions on an annual basis
based on the past collection experience.
i. Notes Receivable
Notes receivable represents unsecured amounts due from local governmental agencies,
non-profits, and other conservation partners,with various interest rates, ranging from 0%
to 6.0%. Maturity dates range from May 2012 through July 2013. The Trust imputes
interest on below-market interest bearing notes with a maturity date of more than one
year. The Trust calculates imputed interest income based on the Applicable Federal Rate
in effect at the date of issue. At March 31, 2012 and 2011, notes receivable were
recorded in the amount of$4,203,000 and$2,856,000,respectively.
j. Land Holdings
The Trust accounts for its land holdings at fair value at the date of acquisition. Fair value
is determined using one of the following valuation procedures:
- Values are primarily based on independent professional appraisals performed for
the Trust or on appraised values determined or adopted by public agencies.
- Where a current appraisal is available from a professionally qualified
independent appraiser retained by a third party,such value may be adopted when
the Trust is satisfied that the appraisal is reasonable.
- Where neither of the foregoing sources is readily available, the Trust may use the
full cash value as established by the local tax assessor, cost if the cash value is
minimal,or internal estimates based on staff analyses.
9
The Trust for Public Land and Affiliates
(Not-for-Profit Corporations)
Notes to Consolidated Financial Statements
When consideration paid by the Trust for conservation lands is less than the fair market
value of land acquired,the difference is recorded as contribution revenue.
Land conveyances are recorded at fair value at the date of conveyance, also determined
by one of the valuation methods noted above. Any increase in the value at the time of
conveyance is recorded as a change in value of land holdings. When the value of the land
conveyed exceeds the consideration received at the time of conveyance, the difference is
recorded as contributions of land expense.
The Trust also evaluates the value of its land holdings at fiscal year end for impairment
using a market approach. If and when the decrease in fair value is material and verifiable
based upon information about current economic and market conditions, recent appraisals,
option agreements signed, and dedicated funding available for project shortfalls, a write-
down of the value is recorded in land holdings and change in value of land holdings.
Change in value of land holdings includes impairment in value of land holdings in 2012
and 2011 in the amount of$3,774,000 and$3,319,000,respectively.
k. Easements
Easements acquired by the Trust are conservation easements and represent numerous
restrictions over the use and development of land not owned by the Trust. These
easements generally provide that the land will be maintained unimpaired in its current
natural, agricultural, scenic or recreational state. During the year ended March 31, 2012,
easements valued at $20,569,000 were acquired and $21,948,000 conveyed. During the
year ended March 31, 2011, easements valued at $33,780,000 were acquired and
$41,674,000 conveyed.
1. Charitable Trust Assets
Charitable trust assets include the assets of various trusts for which the Trust(TPL)is the
trustee, gift annuities and pooled income funds. These assets are valued at fair value as
described below. Charitable trust assets also include the fair value of TPL's remainder
interest receivable, where TPL is not the trustee. The fair value is measured based upon
the estimated net present value of amounts to be received.
Charitable trust assets are invested in a diversified portfolio of mutual funds, bonds and
also an alternative investment. The alternative investment component is comprised of an
offshore marketable alternative fund of funds. Mutual funds with readily determinable
fair value are reported at estimated fair value based on quoted market prices. Bonds are
valued using observable market based inputs or unobservable inputs that are corroborated
by market data. The valuation of the alternative investment is based on the net asset value
("NAV") per share reported by the fund manager. The Trust believes the carrying
amount of the alternative investment is a reasonable estimate of fair value.
10
The Trust for Public Land and Affiliates
(Not-for-Profit Corporations)
Notes to Consolidated Financial Statements
The ultimate liquidation of such investment is restricted to certain time periods, and is
limited to sale to the fund manager. Due to the inherent uncertainty of valuation of such
investment, the estimated value may differ significantly from the value that would have
been used had a ready market for the securities existed and the differences could be
material.
in. Property.Furniture and Equipment
Property, furniture and equipment are recorded at cost. Depreciation and amortization
are computed by the straight-line method over the estimated useful lives of the assets or
lease term,whichever is shorter. Useful lives range from 5 to 15 years.
n. Option Payments Received
Option payments received represent option consideration tendered to the Trust, subject to
an option agreement or other legal contract to sell the land.
o. Mitigation Advances
Mitigation advances include cash received by the Trust generally from court ordered
consent decrees, or settlements reached by parties involved in environmental litigation. If
the terms of the specific award permit using the mitigation funds to advance the Trust's
conservation mission, the advances are recorded as project fees and other income at the
time the funds are used to support a Trust project. Until such time as the Trust or another
organization utilizes the funds, mitigation advances are held as a liability on the
accompanying Consolidated Statement of Financial Position.
p. Notes Payable
The Trust imputes interest on below-market interest bearing notes with a maturity date of
more than one year. The Trust calculates imputed interest expense based on the
Applicable Federal Rate in effect at the date of issue.
q. Liabilities to Beneficiaries of Charitable Trusts
Liabilities to beneficiaries of charitable trusts represent the present value of liabilities due
to primary beneficiaries and unrelated secondary beneficiaries of the irrevocable trusts
for which the Trust is both trustee and a secondary beneficiary(see Note 6).
11
The Trust for Public Land and Affiliates
(Not-for-Profit Corporations)
Notes to Consolidated Financial Statements
The liabilities are actuarially determined using investment retums consistent with the
composition of the asset portfolios, life expectancies from the 1983 Table "a" for gifts
prior to July 1, 1998, and life expectancies from the Annuity 2000 Mortality Table for all
other trusts, as well as for the pooled income fund and all gift annuities, in the
determination of single and joint life expectancies (see Note 6). The rate for determining
the present value of a remainder interest is determined by the Internal Revenue Service
Applicable Federal Rate table for the month during which the gift is received.
r. Tax Exempt Status
The Internal Revenue Service has classified the Trust as a publicly supported,tax-exempt
organization under section 501(c)(3) of the Internal Revenue Code. Contributions to the
Trust are deductible as allowed under Section 170(b)(1)(A)(vi)of the Code. All affiliated
organizations of the Trust are also qualified under section 501(c)(3) of the IRS Code with
the exception of The Conservation Campaign, which is classified as a 501(c)(4)
organization. Contributions to The Conservation Campaign are not tax deductible.
Management evaluated the Trust's tax positions and concluded that the Trust had
maintained its tax exempt status and had not taken uncertain tax positions that required
adjustment to the financial statements. Therefore, no provision or liability for income
taxes has been included in the consolidated financial statements. With few exceptions,
the Trust is no longer subject to income tax examinations by the U.S. federal, state, or
local tax authorities for years before 2008.
s. Functional Expense Allocations
Expenses, such as salaries and benefits,rent and office expense, and general professional
services have been allocated among program services, development, and management
and support services classifications based primarily on employee ratios and on estimates
made by the Trust's management.
t. Comparative Information
The accompanying consolidated financial statements include certain comparative
information for which the prior year information is summarized in total. In particular,
prior year information is not disclosed by net asset class on the accompanying
Consolidated Statement of Activities and Changes in Net Assets. Such information does
not include sufficient detail to constitute a presentation in conformity with accounting
principles generally accepted in the United States of America. Accordingly, such
information should be read in conjunction with the Trust's consolidated financial
statements for the year ended March 31, 2011,from which the summarized information is
derived.
12
The Trust for Public Land and Affiliates
(Not-for-Profit Corporations)
Notes to Consolidated Financial Statements
u. Recent Accounting Pronouncements
Pronouncements effective in the future:
In May 2011, FASB issued additional disclosure requirements for fair value
measurements. Under this guidance, the amendments change the wording used to
describe many of the requirements for measuring fair value and for disclosing
information about fair value measurements. The amendments explain how to measure
fair value and do not require additional fair value measurements and are not intended to
establish valuation standards or affect valuation practices. The disclosure is effective for
year beginning after December 15, 2011. The Trust does not believe that the adoption of
this update will have a material impact of its financial statements.
v. Subsequent Events
The Trust has evaluated subsequent events through July 19,2012,the date these financial
statements were available to be issued. There were no material subsequent events that
required recognition or additional disclosure in these financial statements.
Note 3- Investments:
Investments are reflected at estimated fair value, and consist of the following at March 31,
2012 and 2011:
(Dollars in thousands) 2012 2011
Mutual funds—domestic stocks $ 1,427 $ 1,088
Mutual funds—international stocks 835 408
Mutual funds—domestic real estate 357 172
Mutual funds—international real estate 220 100
Mutual funds—domestic bonds 2,574 1,850
Mutual funds—international bonds 251 91
Common stock in private company 164 190
Debt securities:
U.S. treasury 14,902 27,187
U.S. government agency 13,663 19,400
Mortgage backed 9,016 3,583
Asset backed 5,955 3,020
Corporate 28,344 30,504
Municipal 8,371
$ 86,079 $ 87,593
13
The Trust for Public Land and Affiliates
(Not-for-Profit Corporations)
Notes to Consolidated Financial Statements
Note 4- Receivables:
Contributions receivable as of March 31 are due as follows:
(Dollars in thousands) 2012 2011
Less than one year $ 6,933 $ 6,808
One to five years(net of discount of$244 and$217
respectively) 4,189 2,222
Subtotal 11,122 9,030
Less: Allowance for uncollectible amounts (812) (631)
Net contributions receivable $ 10,310 $ 8,399
Escrow Accounts and Other Receivables
Escrow accounts and other receivables include a grant from a public agency to be paid by
developer fees collected over a 20 year period. The balance at March 31, 2012 and 2011 is
$3,259,000 and$3,261,000,respectively. These amounts have been reduced by an allowance
of$1,077,000 in both years, to cover the present value discount and potential uncollectible
amounts.
The balance of the account at March 31, 2012 consists primarily of amounts due for various
project fees which are expected to be received within the next fiscal year.
Note 5- Land Holdings:
The Trust acquires land from willing landowners and then conveys it to public agencies, land
trusts, or other groups for protection. In some instances, the Trust helps protect the land
through conservation easements, which restrict development but permit traditional uses such
as farming and ranching.
Unrestricted and temporarily restricted net assets include donations of land received by the
Trust. These donations are realized from outright donations of land to the Trust, as well as
from transactions where the fair market value of land received exceeds the cost of land
acquired. The fair market value of land acquired and held at March 31, 2012 and 2011
exceeds the consideration paid for these land holdings by $1,295,OOO,and $12,315,000,
respectively.
14
The Trust for Public Land and Affiliates
(Not-for-Profit Corporations)
Notes to Consolidated Financial Statements
NESSEEM
In line with its mission, the Trust intends to convey its land holdings into protective public
and not-for-profit ownership. In many cases, land will be conveyed at a price less than fair
market value,resulting in a contribution of land value to the grantee. At March 31,2012,with
the exception of properties accounted for using the deposit method, the Trust had no legal
obligations to third parties to convey land holdings.
As part of its normal operations, the Trust was involved in various stages of negotiation for
the purchase of real property at March 31, 2012. Purchase and Sale Agreements were
executed with various contingencies for inspection period, seller requirements, and other
conditions for closing. In addition, Purchase Options had been exercised, again dependent on
various contingencies. Some of these negotiations resulted in completed acquisitions in the
following fiscal year.
Occasionally, the Trust acquires or receives land parcels with minimal conservation or
protection value. These are sold in the open market to provide funds for the Trust to carry out
its conservation work.
Note 6- Charitable Trust Assets and Liabilities to Beneficiaries of Charitable Trusts:
Charitable trust assets include charitable remainder unitrusts, charitable remainder annuity
trusts, assets attributable to a charitable gift annuity program, and assets within a pooled
income fund.
Charitable trust assets consist of the following for the years ended March 31,2012 and 2011:
(Dollars in thousands) 2012 2011
Charitable remainder unitrusts-TPL as Trustee $ 52,647 $ 56,396
Charitable remainder unitrusts-outside Trustees 1,546 1,359
Charitable remainder annuity trust-TPL as Trustee 788 824
Charitable gift annuities 2,887 3,025
Pooled income funds 307 312
Charitable trust assets $ 58,175 $ 61,916
15
The Trust for Public Land and Affiliates
(Not-for-Profit Corporations)
Notes to Consolidated Financial Statements
Each charitable trust requires periodic distributions to designated primary beneficiaries over a
period of time. Accordingly, such liabilities to beneficiaries of charitable trusts in which the
Trust is both trustee and secondary beneficiary have been reflected as liabilities to
beneficiaries of charitable trusts. Such liabilities have been determined based upon an
actuarial analysis of the expected income to be generated by the assets of each charitable
trust, the life expectancies of the primary beneficiaries of each trust, and the distribution rates
established by the charitable trust agreements. As of March 31, 2012 and 2011, liabilities to
beneficiaries of charitable trusts approximate$41,925,000 and$45,412,000,respectively.
The discounted remainder values of any new interests in charitable trusts are recorded as
future interests in charitable trusts. Changes in life expectancies, investment income
projections, and other actuarial assumptions are shown as a change in value of interests in
charitable trusts.
Various states regulate the issuance of charitable gift annuities. In the state of California,
charitable gift annuities are regulated by the Department of Insurance because an annuity is
considered an insurance product. California has specific reserve and investment..
requirements, and it requires reserves to be held in a separate account. Management believes
that it is in conformity with compliance requirements in California, and with all of those
states where it has established gift annuities.
Charitable trust assets portfolio consists of the following:
(Dollars in thousands) 2012 2011
Charitable Trust Investments—Held by TPL:
Cash and cash equivalents $ 509
Mutual funds—domestic stocks 20,374 $ 25,844
Mutual funds—international stocks 12,088 12,782
Mutual funds—domestic real estate 1,711 1,904
Mutual funds—international real estate 337 321
Mutual funds—domestic bonds 10,636 11,828
Mutual funds—international bonds 548 551
Mutual funds—commodities 3,372
Debt securities:
U.S.treasury 483 431
U.S. government and agency 107
Corporate 36 47
Alternative investments:
Multi-strategy fund of funds 6,535 6,742
Charitable Trust Receivable—Outside Trustee 1,546 1,359
Charitable trust assets $ 58,175 $ 61,916
16
The Trust for Public Land and Affiliates
(Not-for-Profit Corporations)
Notes to Consolidated Financial Statements
At March 31, 2012, the alternative investment consists of a multi-strategy fund of funds,
which is an off-shore feeder fund that invests in a master fund to employ various strategies
including long/short equity, event driven, relative value, and global asset allocation.
Redemptions are permitted on a quarterly basis with a 65-day redemption notice period. The
Trust has no unfunded commitments to the alternative investment as of March 31,2012.
Note 7- Property,Furniture and Equipment:
Property,furniture and equipment as of March 31 consist of the following:
(Dollars in thousands) 2012 2011
Buildings and leasehold improvements $ 3,117 $ 3,224
Furniture and fixtures 368 342
Office equipment 2,174 2,182
Total 5,659 5,748
Less accumulated depreciation and amortization (4,517) (4,428)
Property,furniture and equipment,net $ 1,142 $ 1,320
Note 8- Notes Payable:
At March 31, 2012, the Trust has two $40,000,000 unsecured bank line of credit agreements
for use nationally. One of the lines of credit bears interest at either a variable rate of Prime
Rate plus three-quarters of one percent (4.0% at March 31, 2012), or an optional monthly
fixed rate of the annual London Interbank Offered Rate (LIBOR)plus 1.5% (1.75%at March
31, 2012). As of March 31, 2012, both rates were utilized for funds drawn on the line of
credit. Additionally, the line incurs an unused commitment fee of .25%. The line requires
annual renewal and currently expires on April 1, 2013. At March 31, 2012, $14,491,000 of
the line of credit was being utilized. The line also includes a Letter of Credit sub-feature
wherein the bank agrees to issue Letters of Credits not to exceed $10,000,000 in the
aggregate. No Letters of Credit were utilized during the year ended March 31,2012.
The second $40,000,000 unsecured bank line of credit bears interest at either a variable rate
of LIBOR plus 1.5% (1.75% at March 31, 2012), or an optional variable rate of Prime Rate
minus one percent (2.25% at March 31, 2012). The line requires annual renewal and
currently expires January 4, 2013. It bears an unused commitment fee of.25%. At March
31,2012, $14,062,000 of this line of credit was being utilized.
17
The Trust for Public Land and Affiliates
(Not-for-Profit Corporations)
Notes to Consolidated Financial Statements
All of the above mentioned borrowings are included in the table below as notes payable to
banks.
Notes payable(and current terns):
(Dollars in thousands) 2012 2011
Banks (1.75%to 4%with maturities through April,2020) $ 28,553 $ 36,166
Foundations and trusts(0%to 3%interest with maturities
through October 2017. Discount is based on imputed
interest rates of 2.27%to 2.82%) 6,894 19,883
Unamortized discount (188) (1,972)
Loans from sellers of land(0%to 0.54%interest with
maturities through May 2014. Discount is based on
imputed interest rate of 7.16%) 2,438 3,987
Unamortized discount (3) (4)
Other lenders 165
$ 37,859 $ 58,060
The notes are payable as follows:
Year ending (Dollars in thousands)
March 31, Amount
2013 $ 25,857
2014 7,792
2015 2,548
2016 1,130
2017 123
Thereafter 409
$ 37,859
At March 31, 2012, notes payable include $34,363,000 in recourse loans and $3,496,000 in
non-recourse loans. All of the non-recourse loans are secured, collateralized by land and
buildings valued at $10,307,000 at March 31, 2012. Of the recourse loans, 33,500,000 are
unsecured, and $863,000 are secured, collateralized by land valued at $975,000. Certain of
these loan agreements have debt covenants including minimum cash requirements, liability
ratios, and limits on pledged collateral. As of March 31, 2012, management believes the
Trust was in compliance with the terms of such debt covenants. Interest expense was
$1,281,000 and$1,757,000 for the years ended March 31,2012 and 2011,respectively.
18
The Trust for Public Land and Affiliates
(Not-for-Profit Corporations)
Notes to Consolidated Financial Statements
Note 9- Temporarily Restricted Net Assets and Net Assets Released from Restrictions:
Temporarily restricted net assets and temporarily restricted net assets released from
restrictions consist of the following:
Temporarily restricted net assets as of March 31 were as follows:
(Dollars in thousands) 2012 2011
Restricted for project and program expenses $ 16,970 $ 16,436
Restricted for acquisition of land 82,917 91,275
With time restrictions 26,482 24,825
Total to.gorarilX restricted net assets at end of year $ 126,369 $ 132,536
Temporarily restricted net assets released from restrictions during the year ended March 31
were as follows:
(Dollars in thousands) 2012 2011
Restricted for project and program expenses $ (19,857) $ (25,881)
Restricted for acquisition of land (13,134) (30,459)
With time restrictions (649) (200)
Total net assets released from restrictions $ (33,640) $ (56,540)
Note 10- Permanently Restricted Net Assets:
Permanently restricted net assets consist of the following:
(Dollars in thousands) 2012 2011
Capital revolving funds-income unrestricted $ 10,003 $ 10,110
Capital revolving funds-income permanently restricted 723 721
Endowment funds-income temporarily restricted 20 20
Total permanentIZ restricted net assets $ 10,746 $ 10,851
In 2012, a donor removed the restriction on previously permanently restricted assets resulting
in a release of$107,000 from Permanently Restricted Net Assets to Temporarily Restricted
Net Assets.
19
The Trust for Public Land and Affiliates
(Not-for-Profit Corporations)
Notes to Consolidated Financial Statements
Note 11— Endowment Funds:
The Trust adopted FASB ASC Topic 958-205-50-1A and 1B, Reporting Endowment Funds.
The state of California adopted a version of the Uniform Prudent Management of Institutional
Funds Act as its State Prudent Management of Institutional Funds Act("SPMIFA").
The Board of Directors of the Trust has interpreted SPMIFA as requiring the preservation of
the fair value of the original gift as of the gift date of the donor-restricted endowment funds
absent explicit donor stipulations to the contrary. The management and Board of Directors
do not consider the permanently restricted capital revolving funds to be endowment because
the use of the principal of these funds is at the direction of the Trust and capital flows in and
out for program related purposes.
The Trust's endowment funds consist of $20,000 as of March 31, 2012 and 2011. The
endowment funds are currently invested under the Trust's Policies and Guidelines for TPL-
Directed Operating and Capital Assets. Cumulative income for the endowment funds is not
considered material. The Trust has not yet established a spending policy for the endowment.
The Trust is undergoing a feasibility study for a future capital campaign, during which its
Board will provide further direction on investment and spending policy.
Note 12- Project Fees and Other Income:
Project fees and other income consist of the following:
(Dollars in thousands) 2012 2011
Contract revenue $ 2,748 $ 1,349
Mitigation funding 0 201
Project reimbursements 6,933 5,739
Landowner fees 5,734 5,330
Rents 240 256
Other sources 1,121 889
Total ro'ect fees and other income $ 16,776 $ 13,764
Project fee and other income also includes proceeds from the sale of non-conservation
properties on the open market in the amount of$2,782,000 in the year ended March 31, 2012,
and $523,000 in the year ended March 31, 2011. Gains associated with these open market
sales were$447,000 and$15,000,respectively.
20
The Trust for Public Land and Affiliates
(Not-for-Profit Corporations)
Notes to Consolidated Financial Statements
Note 13- Fair Value Measurements:
The table below presents assets measured at fair value on a recurring basis:
(Dollars in thousands) 2012
Level Level Level Total
Investments(Note 3)
Mutual funds-domestic stocks $ 1,427 $ 1,427
Mutual funds-international stocks 835 835
Mutual funds-domestic real estate 357 357
Mutual funds-international real estate 220 220
Mutual funds-domestic bonds 2,574 2,574
Mutual funds-international bonds 251 251
Common stock in private company $ 164 164
Debt securities:
U.S.treasury 14,902 14,902
Government and agency $ 13,663 13,663
Mortgage backed 9,016 9,016
Asset backed 5,955 5,955
Corporate 28,344 28,344
Municipal 8,371 8,371
Charitable Trust Investments(Held
by TPL) (Note 6)
Cash and cash equivalents 509 509
Mutual funds-domestic stocks 20,374 20,374
Mutual funds-international stocks 12,088 12,088
Mutual funds-domestic real estate 1,711 1,711
Mutual funds-international real estate 337 337
Mutual funds-domestic bonds 10,636 10,636
Mutual funds-international bonds 548 548
Mutual funds-commodities 3,372 3,372
Debt securities:
U.S. treasury 403 80 483
U.S.government and agency
Corporate 36 36
Alternative investments:
Multi-strategy fund of funds 6,535 6,535
Charitable Trust Receivable
(Outside Trustee)(Note 6) 1,546 1,546
Total $ 70,544 $ 65,465 $ 8,245 $ 144,254
21
The Trust for Public Land and Affiliates
(Not-for-Profit Corporations)
Notes to Consolidated Financial Statements
(Dollars in thousands) 2011
Level Level Level Total
Investments(Note 3)
Mutual funds—domestic stocks $ 1,088 $ 1,088
Mutual funds—international stocks 408 408
Mutual funds—domestic real estate 172 172
Mutual funds—international real estate 100 100
Mutual funds—domestic bonds 1,850 1,850
Mutual funds—international bonds 91 91
Common stock in private company $ 190 190
Debt securities
U.S. treasury 27,187 27,187
Government and agency $ 19,400 19,400
Mortgage backed 3,583 3,583
Asset backed 3,020 3,020
Corporate 30,504 30,504
Charitable Trust Investments(Held
by TPL) (Note 6)
Mutual funds—domestic stocks 25,844 25,844
Mutual funds—international stocks 12,782 12,782
Mutual funds—domestic real estate 1,904 1,904
Mutual funds—international real estate 321 321
Mutual funds—domestic bonds 11,828 11,828
Mutual funds—international bonds 551 551
Debt securities:
U.S. treasury 431 431
U.S. government and agency 107 107
Corporate 47 47
Alternative investments:
Multi-strategy fund of funds 6,742 6,742
Charitable Trust Receivable
(Outside Trustee)(Note 6) 1,359 1,359
Total $ 84,557 $ 56,661 $ 8.291 $ 149,509
22
The Trust for Public Land and Affiliates
(Not-for-Profit Corporations)
Notes to Consolidated Financial Statements
The following is a rollforward of the Level 3 assets (in thousands):
Charitable Charitable
Trust Trust
Investments Receivable
Investments (Held by TPL) (Outside Trustee) Total
Fair value at March 31,2010 $ 213 $ 5,218 $ 1,200 $ 6,631
Total purchases 943 943
Total realized and unrealized
gains(losses) (23) 581 159 717
Fair value at March 31,2011 190 6,742 1,359 8,291
Total sales (26) (26)
Total realized and unrealized
gains(losses) (207) 187 (20)
Fair value at March 31,2012 $ 164 $ 6,535 $ 1,546 $ 8,245
Other Financial Instruments
Financial instruments included in the Trust's Consolidated Statement of Financial
Position as of March 31,2012 which are not required to be measured at fair value include
cash equivalents, accounts and other receivables, contributions receivable, notes
receivable, accounts payable, notes payable, and liabilities to beneficiaries of charitable
trusts. For cash equivalents, accounts and other receivables, contributions receivable and
accounts payable, the carrying amounts represent a reasonable estimate of the
corresponding fair values.
Liabilities to beneficiaries of charitable trusts approximate fair value using methodologies
described in Note 2. Management believes that the carrying values of the notes
receivable and notes payable are not materially different from estimates of the
corresponding fair values.
Non-Recurring Measurements
See Land Holdings (Note 2) regarding fair value measurement of assets on non-recurring
basis.
23
The Trust for Public Land and Affiliates
(Not-for-Profit Corporations)
Notes to Consolidated Financial Statements
Note 14- Commitments and Contingencies:
Commitments
The Trust leases office space and equipment for the operation of a national headquarters
office, and thirty-five field or project offices. Lease commitments expire at various dates
through March 31, 2023. Lease costs were $2,806,000 and $2,474,000 for the years
ended March 31, 2012 and 2011, respectively. Future minimum lease payments under
non-cancelable long-term leases are as follows:
Year ending (Dollars in thousands)
March 31, Amount
2013 $ 2,260
2014 1,978
2015 1,933
2016 1,866
2017 1,856
Thereafter 8,431
$ 18,324
Contract Commitments
The Trust had future construction contract commitments for parks and playgrounds of
approximately $7,071,000 and $745,000 as of March 31, 2012 and 2011, respectively.
The Trust funds its park and playground work through cost reimbursement contracts and
restricted operating grants.
See Land Holdings(Note 5)regarding real property transaction commitments at year end.
Contingencies
The Trust is a party to various litigation arising out of the normal conduct of its
operations. Management believes the ultimate resolution of these matters will not
materially affect the financial position,changes in net assets,or cash flows of the Trust.
24
The Trust for Public Land and Affiliates
(Not-for-Profit Corporations)
Notes to Consolidated Financial Statements
Note 15- Conditional Promises to Give:
The Trust has received the following conditional promises to give that are not recognized in
the accompanying consolidated financial statements as of March 31:
(Dollars in thousands) 2012 2011
Conditional promises to give upon identification of land
holdings available for acquisition $ 23,918 $ 22,211
Conditional promises to give upon obtaining matching
unconditional promises to give 755 424
Other conditional promises to give 700 0
Total conditional promises to give $ 25,373 $ 22,635
Note 16- Retirement Plan:
The Trust maintains a defined contribution retirement plan (the"Plan")under Section 403(b)
of the Internal Revenue Code. The Plan covers all employees who normally work twenty or
more hours per week. The Plan provides for voluntary salary deferrals within certain limits
and,after one year of service, the Trust provides matching employer contributions for eligible
employees who contribute a certain minimum percentage of their compensation. The Trust
contributed $549,000 and $450,000 to the Plan during the years ended March 31, 2012 and
2011,respectively.
Note 17- Grants from Related Parties:
In September 2004, the Trust approved The Stenning on Lake Geneva Conservancy Society
("The Stenning") as a supporting organization under section 509(a)(3) of the Internal
Revenue Code. The Stenning's Articles of Incorporation and By-Laws, as amended in 2004,
designate the Trust's President, or his or her designee, as a Stenning trustee. The designation
does not result in the Trust exercising control of The Stenning. However, additional
provisions in the amended Articles result in the Trust having an economic interest in The
Stenning. Since the Trust does not have both control and economic interest in The Stenning,
it is not consolidated as part of these financial statements. During the years ended March 31,
2012 and March 31, 2011, The Stenning made grants to the Trust of$100,000 and $65,000,
respectively.
25
The Trust for.Public Land and Affiliates
(Not-for-Profit Corporations)
Notes to Consolidated Financial Statements
Note 18- Concentration of Credit Risk
Financial instruments that potentially subject the Trust to credit risk consist primarily of cash
equivalents, investments, other receivables, contributions receivable, and notes receivable.
The Trust maintains cash equivalents and investments with commercial banks and other
major financial institutions. The Trust manages credit risk by establishing minimum credit
standards for financial institutions and limiting the amount of credit exposure with any one
institution. The Trust's investments have been placed with major institutions.
26
The Trust for Public Land and Affiliates
Schedule of Expenditures of Federal and Certain State Awards
Year Ended March 31,1012
Federal Federal/
CFDA Pass-Through Entity State
Federal Grantor/Pass Through Grantor Program Title Number Identifying Number Expenditures
U.S.Department of Agriculture:
Natural Resources Conservation Service:
Farm and Ranch Lands Protection Program 10.913 $ 616,050
Farm and Ranch Lands Protection Program 10.913 600,000
Forest Service:
Pass through US Endowment for Forestry and Communities,Inc.
Forest Legacy Program 10.676 ESC2012-003TPL 12,491
Total U.S.Department of Agriculture 1,228,541
U.S.Department of Defense:
Washington Headquarters Services Acquisition Directorate(Whs/Ad)
Conservation Planning (no CFDA Contract No.
available) H00034-11-2-0002 65,243
Total U.S.Department of Defense 65,243
U.S.Department of Housing and Urban Development:
Office of Community Planning and Development:
Pass through City of Newark:
Community Development Block Grants(CDBG)/
Entitlement Grants 14.218 7Rl-L(s)122209 40,000
Pass through City of Newark:
Community Development Block Grants(CDBG)
Entitlement Grants 14.218 Rl-g 061511 200,000
Total U.S.Department of Housing and Urban Development 240,000
U.S.Environmental Protection Agency:
Office of Water:
Surveys,Studies,Demonstrations and Special Purpose
Grants-Section 1442 of the Safe Drinking Water Act 66.424 51,957
Pass through New England Interstate Water Pollution
Control Commission
Lake Champlain Basin Program 66.481 NEI Job Code:0100-303;
Project Code:LS-2010-036 4,500
Pass through National Fish and Wildlife Foundation
Long Island Sound Program 66.437 2009-0061-022 6,236
Pass through National Fish and Wildlife Foundation
Long Island Sound Program 66.437 2010-0071-012 260,000
Total U.S.Department of Environmental Protection 322,693
27
The Trust for Public Land and Affiliates
Schedule of Expenditures of Federal and Certain State Awards
Year Ended March 31,2012
Federal Federal/
CFDA Pass-Through Entity State
Federal Grantor/Pass Through Grantor Program Title Number Identifying Number Expenditures
U.S.Department of the Interior:
U.S.Fish and Wildlife Service:
Pass through National Fish and Wildlife Foundation
Fish and Wildlife Management Assistance 15.608 2009-0061-022 10,391
Pass through Washington Department of Fish and Wildlife
Landowner Incentive Program 15.633 WDFW Number 10-16 61 150,000
Pass through New Hampshire Fish and Game Department
Landowner Incentive Program 15.633 n/a 13,750
Pass through California Wildlife Conservation Board
Cooperative Endangered Species Conservation Fund 15.615 SG-1023DT 180,000
Pass through California Wildlife Conservation Board
Cooperative Endangered Species Conservation Fund 15.615 SG-1033DT 630,000
Pass through Ducks Unlimited
Great Lakes Restoration 15.662 US-GS-30-1 9,510
Total U.S.Department of the Interior 993,651
U.S.Department of Transportation:
Federal Highway Administration:
Pass through State of New Hampshire Department of Transportation:
Public Lands Highway Discretionary Program/Highway
Planning and Construction 20.205 State Project#21425 250,000
Total U.S.Department of Transportation 250,000
Total Federal Expenditures $ 3,100,128
State of New Jersey:
Department of Environmental Protection:
Green Acres Barnegat Bay Program Non-Profit Project Agreement 03-99-71 $ 125,000
Ciba-Geigy Grants 45,841
Total Department of Environmental Protection 170,841
Total State of New Jersey Expenditures $ 170,841
Note 1- Note to Schedule of Expenditures of Federal and Certain State Awards:
The accompanying schedule of expenditures of federal and certain state awards includes the federal grant activity and
certain state grant activity of the Trust and is presented on the accrual basis of accounting. The information in this
schedule is presented in accordance with the requirements of OMB Circular A-]33,Audits of States,Local Governments,
and Non-Profit Organization. Therefore,some amounts presented in this schedule may differ from amounts presented in,
or used in the preparation of,the consolidated financial statements.
28
HOOD
STRONG
Independent Auditors' Report Consultants and
on Internal Control over Financial Reporting and on Compliance
and Other Matters Based on an Audit of Financial Statements Business Advisors
Performed in Accordance with Government Auditing Standards
/00 First Street
THE BOARD OF DIRECTORS
THE TRUST FOR PUBLIC LAND
San Francisco,California l 1°"Flour
We have audited the consolidated financial statements of THE TRUST FOR PUBLIC Sun Francisco
LAND and its Affiliates (not-for-profit corporations) (the Trust) as of and for the year
ended March 31, 2012, and have issued our report thereon dated July 19, 2012. We CA 94105
conducted our audit in accordance with auditing standards generally accepted in the United
States of America and the standards applicable to financial audits contained in Government 415.781.0 793
Auditing Standards, issued by the Comptroller General of the United States.
Internal Control Over Financial Renortins %ax a/5.42/.2976
Management of the Trust is responsible for establishing and maintaining effective internal
control over financial reporting. In planning and performing our audit, we considered the 10.41naden Boulevard
Trust's internal control over financial reporting as a basis for designing our auditing
procedures for the purpose of expressing our opinion on the financial statements, but not for
the purpose of expressing an opinion on the effectiveness of the Trust's internal control over Suile 250
financial reporting. Accordingly, we do not express an opinion on the effectiveness of the
Trust's internal control over financial reporting. San./ose
A deficiency in internal control exists when the design or operation of a control does not
allow management or employees, in the normal course of performing their assigned CA 95/13
functions, to prevent, or detect and correct misstatements on a timely basis. A material
weakness is a deficiency, or a combination of deficiencies, in internal control such that there 408.998.8400
is a reasonable possibility that a material misstatement of the entity's financial statements will
not be prevented,or detected and corrected on a timely basis.
lay 408.998.8485
Our consideration of internal control over financial reporting was for the limited purpose
described in the first paragraph of this section and was not designed to identify all
deficiencies in internal control over financial reporting that might be deficiencies, significant
deficiencies or material weaknesses. We did not identify any deficiencies in internal control
over financial reporting that we consider to be material weaknesses, as defined above.
29
Compliance and Other Matters
As part of obtaining reasonable assurance about whether the Trust's consolidated financial statements are
free of material misstatement, we performed tests of its compliance with certain provisions of laws,
regulations, contracts and grant agreements, noncompliance with which could have a direct and material
effect on the determination of consolidated financial statement amounts. However, providing an opinion
on compliance with those provisions was not an objective of our audit and, accordingly, we do not
express such an opinion. The results of our tests disclosed no instances of noncompliance that are
required to be reported under Government Auditing Standards.
This report is intended solely for the information and use of management, the Audit Committee, the
Board of Directors,others within the Trust and officials of applicable federal awarding agencies and pass-
through entities and is not intended to be and should not be used by anyone other than those specified
parties.
San Francisco,California
July 19,2012
30
HOOD
STF QNG
Independent Auditors' Report Consnttants and
on Compliance with Requirements That Could Have A
Direct and Material Effect on Each Major Program and Business Advisors
Internal Control over Compliance in Accordance with OMB
Circular A-133
l00 First Streel
THE BOARD OF DIRECTORS
THE TRUST FOR PUBLIC LAND i4'h Floor
San Francisco,California
San Francisco
Compliance
C'.4 94/05
We have audited the compliance of THE TRUST FOR PUBLIC LAND and its Affiliates
(not-for-profit corporations) (the Trust) with the types of compliance requirements 415.781.079.3
described in the U.S. Office of Management and Budget(OMB) Circular A-133, Compliance
Supplement that could have a direct and material effect on each of its major federal programs
for the year ended March 31, 2012. The Trust's major federal programs are identified in the lax 415.421.2976
Summary of Auditors' Results section of the accompanying Schedule of Findings and
Questioned Costs. Compliance with the requirements of laws, regulations, contracts and
grants applicable to each of its major federal programs is the responsibility of the Trust's /0 Almaden Boulevard
management. Our responsibility is to express an opinion on the Trust's compliance based on
our audit. Suile 250
We conducted our audit of compliance in accordance with auditing standards generally
accepted in the United States of America; the standards applicable to financial audits Sall.lose
contained in Government Auditing Standards, issued by the Comptroller General of the
United States; and OMB Circular A-133, Audits of States, Local Governments, and Non-
Profit Organizations. Those standards and OMB Circular A-133 require that we plan and
CA 95//3
perform the audit to obtain reasonable assurance about whether noncompliance with the types
of compliance requirements referred to above that could have a direct and material effect on a 408.998.8400
major federal program occurred. An audit includes examining,on a test basis, evidence about
the Trust's compliance with those requirements and performing such other procedures, as we far 408.998.8485
considered necessary in the circumstances. We believe that our audit provides a reasonable
basis for our opinion. Our audit does not provide a legal determination on the Trust's
compliance with those requirements.
In our opinion, the Trust complied, in all material respects, with the requirements referred to
above that could have a direct and material effect on each of its major federal programs for I
the year ended March 31,2012. o
31
Internal Control Over Compliance
Management of the Trust is responsible for establishing and maintaining effective internal control over
compliance with requirements of laws,regulations,contracts and grants applicable to federal programs. In
planning and performing our audit, we considered the Trust's internal control over compliance with
requirements that could have a direct and material effect on a major federal program in order to determine
our auditing procedures for the purpose of expressing our opinion on compliance and to test and report on
internal control over compliance in accordance with OMB circular A-133, but not for the purpose of
expressing an opinion on the effectiveness of internal control over compliance. Accordingly, we do not
express an opinion on the effectiveness of the Trust's internal control over compliance.
A deficiency in internal control over compliance exists when the design or operation of a control over
compliance does not allow management or employees, in the normal course of performing their assigned
functions, to prevent, or detect and correct, noncompliance with a type of compliance requirement of a
federal program on a timely basis. A material weakness in internal control over compliance is a
deficiency, or combination of deficiencies, in internal control over compliance, such that there is a
reasonable possibility that material noncompliance with a type of compliance requirement of a federal
program will not be prevented,or detected and corrected, on a timely basis.
Our consideration of internal control over compliance was for the limited purpose described in the first
paragraph of this section and would not necessarily identify all deficiencies in internal control that might
be deficiencies, significant deficiencies or material weaknesses. We did not identify any deficiencies in
internal control over compliance that we consider to be material weaknesses,as defined above.
This report is intended solely for the information and use of management, the Audit Committee, the
Board of Directors, others within the Trust and officials of applicable federal awarding agencies and pass-
through entities and is not intended to be and should not be used by anyone other than those specified
parties.
�� k S L;L f
San Francisco,California
July 19,2012
32.
The Trust for Public Land and Affiliates
Schedule of Findings and Questioned Costs
Year Ended March 31,2012
I. SUMMARY OF AUDITORS' RESULTS
Financial Statements Yes No
Type of auditors'report issued: Unqualified
Internal control over financial reporting:
Material weakness(es)identified? X
Significant deficiency(ies) identified that are not considered to be a material
weakness(es)?None Reported
Noncompliance material to financial statements noted? X
Federal Awards
Internal control over major programs:
Material weakness(es)identified? X
Significant deficiency(ies) identified that are not considered to be a material
weakness(es)?None Reported
Type of auditors'report issued on compliance for major programs: Unqualified
Any audit findings disclosed that are required to be reported in accordance with
Section 510(a)of Circular A-133? X
Identification of major program:
CFDA Number(s) Name of Federal Program or Cluster
10.913 Farm and Ranch Lands Protection Program
14.218 Community Development Block Grants
(CDBG)/Entitlement Grants
20.205 Public Lands Highway Discretionary Program/Highway
Planning and Construction
Dollar threshold used to distinguish between type A and type B programs: $300,000
Auditee qualified as low-risk auditee? X
33
The Trust for Public Land and Affiliates
Schedule of Findings and Questioned Costs
Year Ended March 31,2012
II. FINANCIAL STATEMENT FINDINGS
No matters were reported.
III. FEDERAL AWARDS FINDINGS AND QUESTIONED COSTS
No matters were reported.
34
Florida House of Representatives
Representative Holly Raschein
District 120
District Office. Tallahassee Office:
99198 Overseas Highway 1003 The Capitol
Suite 10 402 South Monroe Street
Key Largo,FL 33037-2437 Tallahassee,FL 32399
(305)453-1202 (850)717-5120
(305)453-1204(fax)
Email.Holly.Raschein 'imyfloridahouse.gov
December 10, 2013
Dear Mayor and County Commissioners:.
This letter is to support the Conservation Finance Proposal by The Trust for Public Land, which
will be before you for consideration at the January County Commission meeting. This proposal
is to provide important information for identifying options for purchasing or financing future
land acquisitions,which will support Monroe County's conservation and Growth Management
r
objectives. This information will be critical when considering future measures to meet the
Ccritical conservation issues facing our county.
The Trust for Public Land, a national conservation organization, has a forty-year history as the
4 nation's nonprofit leader in creating parks for people and raising funds for conservation. Since
1975,the organization has had a stellar track record in Florida of conserving important lands to
protect the state's drinking water, forests, beaches, and historic landscapes and of creating new
trails and parks. In Monroe County, beginning in 1976,The Trust for Public Land has helped
protect almost 6,000 acres of land for our National Refuges,the National Park Service,the State
of Florida, and for parks in several of our cities.
Since 1996, The Trust for Public Land has assisted in the passage of 23 local conservation
finance measures in Florida, generating more than $1.3 billion in local jurisdictions around the
state for conservation. In the early stages of their conservation finance work, they helped pass a
referendum which enabled the City of Key West to protect the Key West Bight.
The Trust for Public Land's conservation finance approach focuses on feasibility research and
public opinion surveys which will help inform all of us in public service on ways we can best
meet the future needs of conservation and Growth Management in Monroe County.
Committees:Agricultural and Natural Resources Appropriations Subcommittee, the Economic Affairs
Committee,the Veterans and Military Affairs Subcommittee, the Transportation and Highway Safety
Subcommittee, and the Local and Federal Affairs Committee.
r,
i
I urge you to support The Trust for Public Land's Conservation Finance Proposal for Monroe
County when it comes before you at your January County Commission meeting,and I look
forward to working with you in the coming years to address the conservation needs in our great
county.
Y
Sincerely,
Holly Raschein
State Representative,District 120
Cc:
Commissioner Heather Carruthers
Commissioner Danny Kolhage
Commissioner George Neugent
Commissioner David Rice
County Administrator Roman Gastesi,Jr.