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Backup Documents 12/13/2016 Item #16G3 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO `'.. THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE " Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attomey Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office c 0J 103 We 4. BCC Office Board of County 'tiV b‘...\ Commissioners pA\` , 5. Minutes and Records Clerk of Court's Office 3:00 pin PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Debbie Brueggeman,Admin,Airport Phone Number 642-7878 Ext. 34 Contact/ Department Authority Agenda Date Item was December 13,2016 Agenda Item Number kb-G-- Approved by the BCC Type of Document MOU&Resolution Number of Original 1 Attached oao I -(2 -4?-._Documents Attached PO or account number 444- if document is to be 1.- dCou'r`<`.X recorded Vzo INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? S.}-A o✓�.� 2. Does the document need to be sent to another agency for additional signatures? If yes, See provide the Contact Information(Name;Agency; Address;Phone)on an attached sheet. Attached 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed 0(13 by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's Cab Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. Gue 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into Accela. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of deadlines! 8. The document was approved by the BCC on 12/13/16 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made, and the document is ready for the �D--i 1i�i �Pt� Chairman's signature. I „ I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 16G3 Teresa L. Cannon From: Teresa L. Cannon Sent: Thursday, December 15, 2016 9:51 AM To: 'jstoltzfus@swfrpc.org' Cc: Brueggeman, Debra Subject: Memorandum of Understanding Attachments: Resolution 2016-272.pdf; MOU.pdf Hi Justin, You have been dealing with Justin Lobb with Collier County Airport Authority regarding this item. A hard copy is also being sent via Fed Ex to Margaret Wuerstle for further processing. Teresa Cannon, BMR Senior Clerk Minutes & Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon@collierclerk.com 1 I -,/,, 1L5. ,'` . fedex.com 1.800.GoFedEx 1.800.463.3339 w nr n fig #9 §' m g C ipr cl eg' o S 9 ma. 7,g m mA E Ba 3'I"'. V r r' m I o € ` ` V nm srr ^^ o� IN ii. rw a�/� Iiet, 7;Ain" i v .......„-. u t., _a opo r; ..z_ 0 • cp >. --,...) ct. i e__. . ..) ,,T t:::Pc.....' fig. e- w .may. a v F 5 (0 .S g m f0 C '1 \ .,..m • 0.-4e 09 / vib ' ^ CO g low Z 2 t l CO — to � 6 O6 r I. W 0. e W E' 1 a lla CO f0 II R J ! j;i; rfit W Ti 2 on �rg . <1 F r. ¢ s m g $i El g ❑ i . as g_ s3. of . . sv n i-_I i E [ g g W i . 4 ' $ E a . 1 x Q Qgc .c i pi Ie f ❑ ¢ ❑ ❑ t F g �' a ❑ ri' i '^ n inn >,' al i Li 1 F$ K 9 3aF� ' m �� _ a 0 7n �� R Q' ❑ ..2 11 g m .. 1 - e it4' -C i >Fgm° ❑ g s I 6963314 HJi}6d 1I "3C,V)UVd 3}i.!01 9NtXI V 3b033&AC10 i:1111 N'Vt36 6141'11 td� Coim- y 9f Copier CLERK OF THE CRC IT COURT 0 COLLIER COUNTYOUR ti OUSE 3315 TAMIAMI TRL E STE 102 Dwight E.Brock-akerk of Circuit Court P.O.BOX 413044 NAPLES,FL 34112-5324 NAPLES,FL 34101-3044 Clerk of Courts • Comptroller • Auditor ustian of County Funds December 15, 2016 Southwest Florida Regional Planning Council 1400 Colonial Blvd, Suite #1 Fort Myers, FL 33907 Ms. Margaret Wuerstle, Enclosed please find Resolution 2016-272 and a Memorandum of Understanding adopted by the Board of County Commissioners on Tuesday, December 13, 2016. I have included two additional MOU's if you could return them once they have been fully executed. I have enclosed a return envelope with my address. If you have any questions please contact me at 239-252-8411 or Teresa.Cannon@collierclerk.com. Thank you, ea.A46/1/S , eresa Cannon, Deputy Clerk Board's Minutes & Records Department 3299 Tamiami Trail East, Suite#401 Naples, FL 34112 Phone- (239) 252-2646 Fax- (239) 252-2755 Website- www.CollierClerk.coln Email- CollierClerk@collierclerk.coln �:. rt 1,1 RESOLUTION NO. 201 6-272 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, AUTHORIZING SUBMITTAL OF A GRANT REQUEST, THROUGH SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL, TO THE US ENVIRONMENTAL PROTECTION AGENCY FOR FUNDING A BROWNFIELDS COALITION ASSESSMENT GRANT TO IDENTIFY AND ADDRESS POTENTIAL BROWNFIELD SITES AND AUTHORIZING THE COUNTY COMMISSION CHAIRMAN TO EXECUTE ANY OR ALL DOCUMENTS PERTAINING THERETO; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Collier County has experienced several years of commercial and residential development and has been impacted, like many with conditions of blight due to age and neglect, long-term decay and potential contamination from a wide variety of industrial, commercial and transportation-related sources, and WHEREAS, the identification of many of these impacted locations of concern are not known to the community and should be identified in order to provide for environmental site assessments, evaluations and for establishing corrective actions, remediation and economic incentives, and WHEREAS, on March 23, 2004, the Board of County Commissioners adopted Resolution No. 04-82 designating Immokalee Airport lands as a brownfield area; and WHEREAS, providing for an effective brownfield redevelopment strategy will encourage new private sector capital investment for returning impacted properties to future alternative reuse, aid in the creation of new to Collier County jobs and enrich the tax base of the community specifically in areas of economically distressed older development, and WHEREAS, the US EPA provides Bug technical support and training to communities and funding to identify and address potential brownfield assessments, clean-up and revitalization, and WHEREAS, other counties within Southwest Florida have indicated interest in joining with the Southwest Florida Regional Planning Council through a Coalition to seek funding to identify and address potential brownfield sites and revitalization opportunities, and NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: This body authorizes County staff to prepare and to submit an application, through the Southwest Florida Regional Planning Council, to the U.S. Environmental Protection Agency's "Brownfield Coalition Assessment Grant" program and receive funding to support site assessments, technical assistance and to authorize the County Chairman to sign or execute all documents required. THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring same this the l3{ day of (7,J , 01 6 . 1 s#,f, ii -.2 u ,,, „ ATTEST: COLLIER COUNTY, FLORIDA DWIGHT E. BROCK, CLERK CBy: 440111212 B Vii` Z DONNA FIALA, CHAIRMAN At est 6s r: e'",; 4 'Ink 'iignature only. Approval for form and legality: CiI-IR..9• \\)------ Jennifer A. Belp io 47 Assistant County Attorney � \ti n!tern# 1.6.C7,.. Agenda ,al,3f 'b Date Date �a,���� ( �b 1 Recd a.�!_� 1 a . Deputy Clerk I 0 16G3 MEMORANDUM OF UNDERSTANDING REGARDING BROWNFIELDS ASSESSMENT COALITON FOR THE ENVIRONMENTAL PROTECTION AGENCY ASSESSMENT GRANT BETWEEN SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL AND COLLIER COUNTY +11 This Memorandum of Understanding ("MOU") is entered into this 13 day of December, 2016 between the COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ("Collier County"), organized and existing under the laws of the state of Florida("County") and the SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL, an intergovernmental agency created pursuant to Section 186.504, F.S., and identified in Rule 29-I, FAC. ("SWFRPC'). All parties are collectively referred to as the "Parties" or "Coalition Partners or Partners". WHEREAS, the Coalition Partners are the Collier County Board of County Commissioners, Southwest Florida Regional Planning Council and counties within the Southwest Florida Promise Zone; WHEREAS, Chapter 163, Florida Statutes, permits governmental units to enter into Interlocal Agreements to make the most efficient use of their powers by enabling them to cooperate with one another on a basis of mutual advantage; and WHEREAS, each of the Parties has determined that it is in the best interests of the residents of the Parties' respective jurisdictions that they enter into this Agreement to form a Brownfield Assessment Coalition in order to be eligible to apply for funding opportunities from the US Environmental Protection Agency (EPA) Brownfields Assessment Grant Program (the Grant); and WHEREAS, the purpose of this MOU is to set forth the general intentions of the parties regarding the EPABrownfields Assessment Grant Program. 1. General Terms: The Coalition Partners hereto incorporate and set forth the following ideas in order to further the mutual goal of assessing brownfields: a. Southwest Florida Regional Planning Council shall apply for the Grant and shall act to coordinate the sub-recipient awards. b. If the Grant is awarded the parties shall each enter into a sub-recipient agreement with each of the Counties so that the SWFRPC may award the grant money to the local governments. c. Activities funded through the sub-recipient agreement may include inventory preparation, site selection criteria development, assessments, planning (including cleanup planning) relating to Brownfield sites, outreach materials and implementation, and other eligible activities. The SWFRPC may retain consultant(s) and contractors to undertake various activities funded through the cooperative agreement and may award sub-grants to other Coalition Partners under 40 CFR 31.37 for assessment projects in their geographic areas. Sub- Page 1 of 4 0 rt -.Y i' grantees are accountable to the SWFRPC for proper expenditure of all grant funds. d. SWFRPC shall coordinate with the County in whose geographic area the site is located to finalize the scope-of-work for the consultant or contractor. It will be the responsibility of this Partner to obtain all required permits, easements, and access agreements as may be necessary to undertake assessments at the selected site. If this Partner does not have the capacity to perform these activities, the SWFRPC may assist in securing necessary site access agreements and permits. e. SWFRPC, in consultation with Partners, will work to develop a site selection process based on agreed-upon. Selected sites will be submitted to EPA for prior approval to ensure eligibility. f. SWFRPC and Partners shall share responsibility for ensuring that the other activities as negotiated in the work plan, such as community outreach and involvement, are implemented in accordance with a schedule agreed upon by the SWFRPC and the Partners in whose geographic area the sites to be assessed are located. 2. Termination—A party may withdraw from this MOU by providing sixty (60) days written notice to the other parties, but shall continue to be bound by the terms of the Grant. 3. Third Party Beneficiaries - This agreement does not create any relationship with, or any rights in favor of, any third party. 4. Severability - If any provision of this agreement is declared void by a court of law, all other provisions will remain in full force and effect. 5. Non Waiver - The failure of any party to exercise any right in this agreement shall not be considered a waiver of such right. 6. Governing Law and Venue - This agreement is governed in accordance with the laws of the State of Florida. Venue shall be in Lee County. 7. Sovereign Immunity - Nothing in this Agreement shall be interpreted as a waiver of the sovereign immunity doctrine enjoyed by each party hereto. 8. Attachments - All exhibits attached to this agreement are incorporated into and made part of this agreement by reference. 9. Amendments - The parties may amend this agreement only by mutual written agreement of the parties. 10. Captions and Section Headings - Captions and section headings used herein are for convenience only and shall not be used in construing this Agreement. Page2of4 6G 3 11. Construction - This agreement shall not be construed more strictly against one party than the other(s) merely by virtue of the fact that it may have been prepared by one of the parties. It is recognized that all parties have substantially contributed to the preparation of this agreement. 12. Notice - For all purposes herein, notice shall mean written notice sent by certified mail, return receipt requested, properly addressed and posted, or by commercial courier service, to the addresses shown below. Notice shall be effective only upon actual receipt by the addressee, but written response to or acknowledgment of a notice received shall constitute a waiver of any defect in the manner notice was given. A copy of every notice given under this Agreement must be sent to the other Parties, the Administrator and to the Chair\of the governing body. Notices required or permitted under this Agreement shall be delivered to: If to SWFRPC: Margaret Wuerstle Executive Director Southwest Florida Regional Planning Council 1400 Colonial Blvd. Suite 1 Fort Myers, FL 33907 (239) 938-1813 If to County of Collier: (Name) (Title) (Address) (City, State) (Phone) 13. Recording of Agreement. The Southwest Florida Regional Planning Council, upon execution of this agreement by all parties, shall record this MOU in the public records of Lee County,Florida. 14. Entire Agreement - This agreement constitutes the entire agreement and supersedes all prior written or oral agreements, understandings,or representations. Page 3 of 4 16G3 EXECUTED AND ATTESTED ON THE DATES BELOW WRITTEN: SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL By: Margaret Wuerstle, Executive Director ATTEST: Jason Stoltzfus, Promise Zone Coordinator ATTEST: COLLIE COUNTY, FLORIDA DWIGHT E. BROCK, CLERK ea.iutzit, - L By: DONNA FIALA, CHAIRMAN Attest as to-chireltx'CLERK ,a/t 3 1 1(o sia!niturn nrdv Approval for form and legality: % Jennifer A"Bel p edio jog Assistant County Attorney NIACQ Page 4 of 4 lóGj3 6 G MEMORANDUM OF UNDERSTANDING REGARDING BROWNFIELDS ASSESSMENT COALITON FOR THE ENVIRONMENTAL PROTECTION AGENCY ASSESSMENT GRANT BETWEEN SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL AND COLLIER COUNTY +11 This Memorandum of Understanding ("MOU") is entered into this 13 day of December, 2016 between the COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ("Collier County"), organized and existing under the laws of the state of Florida ("County") and the SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL, an intergovernmental agency created pursuant to Section 186.504, F.S., and identified in Rule 29-I, FAC. ("SWFRPC"). All parties are collectively referred to as the "Parties" or "Coalition Partners or Partners". WHEREAS, the Coalition Partners are the Collier County Board of County Commissioners, Southwest Florida Regional Planning Council and counties within the Southwest Florida Promise Zone; WHEREAS, Chapter 163, Florida Statutes, permits governmental units to enter into Interlocal Agreements to make the most efficient use of their powers by enabling them to cooperate with one another on a basis of mutual advantage; and WHEREAS, each of the Parties has determined that it is in the best interests of the residents of the Parties' respective jurisdictions that they enter into this Agreement to form a Brownfield Assessment Coalition in order to be eligible to apply for funding opportunities from the US Environmental Protection Agency (EPA) Brownfields Assessment Grant Program (the Grant); and WHEREAS, the purpose of this MOU is to set forth the general intentions of the parties regarding the EPABrownfields Assessment Grant Program. 1. General Terms: The Coalition Partners hereto incorporate and set forth the following ideas in order to further the mutual goal of assessing brownfields: a. Southwest Florida Regional Planning Council shall apply for the Grant and shall act to coordinate the sub-recipient awards. b. If the Grant is awarded the parties shall each enter into a sub-recipient agreement with each of the Counties so that the SWFRPC may award the grant money to the local governments. c. Activities funded through the sub-recipient agreement may include inventory preparation, site selection criteria development, assessments, planning (including cleanup planning) relating to Brownfield sites, outreach materials and implementation, and other eligible activities. The SWFRPC may retain consultant(s) and contractors to undertake various activities funded through the cooperative agreement and may award sub-grants to other Coalition Partners under 40 CFR 31.37 for assessment projects in their geographic areas. Sub- INSTR 5397366 OR 5387 PG 2951 RECORDED 4/27/2017 1:22 PM PAGES 4 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT Page 1 of 4 COLLIER COUNTY FLORIDA REC$35.50 416 1oG3 3 grantees are accountable to the SWFRPC for proper expenditure of all grant funds. d. SWFRPC shall coordinate with the County in whose geographic area the site is located to finalize the scope-of-work for the consultant or contractor. It will be the responsibility of this Partner to obtain all required permits, easements, and access agreements as may be necessary to undertake assessments at the selected site. If this Partner does not have the capacity to perform these activities, the SWFRPC may assist in securing necessary site access agreements and permits. e. SWFRPC, in consultation with Partners, will work to develop a site selection process based on agreed-upon. Selected sites will be submitted to EPA for prior approval to ensure eligibility. f. SWFRPC and Partners shall share responsibility for ensuring that the other activities as negotiated in the work plan, such as community outreach and involvement, are implemented in accordance with a schedule agreed upon by the SWFRPC and the Partners in whose geographic area the sites to be assessed are located. 2. Termination—A party may withdraw from this MOU by providing sixty (60) days written notice to the other parties, but shall continue to be bound by the terms of the Grant. 3. Third Party Beneficiaries - This agreement does not create any relationship with, or any rights in favor of, any third party. 4. Severability - If any provision of this agreement is declared void by a court of law, all other provisions will remain in full force and effect. 5. Non Waiver - The failure of any party to exercise any right in this agreement shall not be considered a waiver of such right. 6. Governing Law and Venue - This agreement is governed in accordance with the laws of the State of Florida. Venue shall be in Lee County. 7. Sovereign Immunity - Nothing in this Agreement shall be interpreted as a waiver of the sovereign immunity doctrine enjoyed by each party hereto. 8. Attachments - All exhibits attached to this agreement are incorporated into and made part of this agreement by reference. 9. Amendments - The parties may amend this agreement only by mutual written agreement of the parties. 10. Captions and Section Headings - Captions and section headings used herein are for convenience only and shall not be used in construing this Agreement. Page 2 of 4 16G3 3 11. Construction - This agreement shall not be construed more strictly against one party than the other(s) merely by virtue of the fact that it may have been prepared by one of the parties. It is recognized that all parties have substantially contributed to the preparation of this agreement. 12. Notice - For all purposes herein, notice shall mean written notice sent by certified mail, return receipt requested, properly addressed and posted, or by commercial courier service, to the addresses shown below. Notice shall be effective only upon actual receipt by the addressee, but written response to or acknowledgment of a notice received shall constitute a waiver of any defect in the manner notice was given. A copy of every notice given under this Agreement must be sent to the other Parties, the Administrator and to the Chair \of the governing body. Notices required or permitted under this Agreement shall be delivered to: If to SWFRPC: Margaret Wuerstle Executive Director Southwest Florida Regional Planning Council 1400 Colonial Blvd. Suite 1 Fort Myers, FL 33907 (239) 938-1813 If to County of Collier: (Name) (Title) (Address) (City, State) (Phone) 13. Recording of Agreement. The Southwest Florida Regional Planning Council, upon execution of this agreement by all parties, shall record this MOU in the public records of Lee County, Florida. 14. Entire Agreement - This agreement constitutes the entire agreement and supersedes all prior written or oral agreements, understandings, or representations. Page 3 of 4 0 EXECUTED AND ATTESTED ON THE DATES BELOW WRITTEN: 16G . SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL By: Margaret erstle, Executive Director ATTEST: Ja n Stoltzfus, Pr ise Zone Coordinator ATTEST: COLLIE COUNTY,FLORIDA DWIGHT E. BROCK, CLERK lete.„ ik ' By: 10711010711011071101.0®' DONNA FIALA, CHAIRMAN "ttest as to Nimrod CLERK t Z/!3 11(o signature oil I\C Approval for form and legality: �'Bel C)j)0\6.__ Jennifer A. elpedio Assistant County Attorney d ' \ti i 1� Page 4 of 4