Agenda 06/11/2013 Item #16A 56/11/2013 16.A.5.
EXECUTIVE SUMMARY
Recommendation to terminate Agreement No. MOA100, as amended, between Florida Department
of Environmental Protection (FDEP) and Collier County and assign License Agreement to FDEP
for ozone monitoring at Laurel Oak Elementary.
OBJECTIVE: To terminate the Department of Environmental Protection (FDEP) Agreement
No. MOA100, as amended, between FDEP and Collier County and assign License Agreement to
FDEP for ozone monitoring at Laurel Oak Elementary.
CONSIDERATIONS: On June 27, 2000, the Board of County Commissioners (BCC) approved
Contract No. AQ158 with FDEP to monitor the air quality in Collier County through the ozone
trailer located at Laurel Oak Elementary. In February 2004 under work order 9TKW -FT -0402,
the County has invested $500 to install a safety pole anchorage to the State's air monitoring
trailer. This safety pole is a permanent fixture adhered to the ozone trailer and will remain as
such. On January 29, 2007, Contract No. AQ158 was extended with FDEP in Agreement No.
MOA100. This Agreement was again extended in January 2012 in Amendment No. 1. The
County had agreed to provide a technician to operate the air quality monitors and a Quality
Assurance Coordinator without any compensation from the State. Frequent employee turnover
for the County's air quality technician position has prompted FDEP to terminate Agreement No.
MOA100, as amended, via electronic mail (letter attached). It is the recommendation of the
Natural Resources Department to accept FDEP's termination proposal. Notification to the School
District of Collier County that the State will operate the air quality ozone trailer has been
completed and the School District has verbally agreed to this change.
FISCAL IMPACT: Staffing (0.5 FTE) for implementing this agreement has been funded by ad-
valorem taxes. Staff assignments are now being shifted to the implementaton of the Watershed
Management Plans that were accepted by the BCC in 2011.
GROWTH MANAGEMENT IMPACT: Termination of this Agreement has no impact on the
County's Growth Management Plan Conservation and Coastal Management Element Objective
and Policy under Goal 8, whereas monitoring the air quality in Collier County will be performed
by FDEP.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office,
is approved as to form and legality, and requires majority vote for Board approval. - -HFAC
RECOMMENDATION: To approve and authorize the Chairwoman to (1) execute a
Termination Agreement for Florida Department of Environmental Protection (FDEP) Agreement
No. MOA100, as amended, terminating the agreement between FDEP and Collier County
Government, and (2) execute an Assignment of License Agreement.
Prepared By: Mary Valcante, CPM, Operations Supervisor, Natural Resources Department,
Growth Management Division
Packet Page -908-
6/11/2013 16.A.5.
Attachments: 1) Agreement No. MOA100 2) Agreement No. MOA100 Amendment No.l 3)
Proposed Termination Agreement 4) License Agreement dated January 24, 2012 5) Assignment
of License Agreement 6) FDEP Letter of Termination
Packet Page -909-
6/11/2013 16.A.5.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.5.
Item Summary: Recommendation to terminate Agreement No. MOA100, as amended,
between Florida Department of Environmental Protection (FDEP) and Collier County and assign
License Agreement to FDEP for ozone monitoring at Laurel Oak Elementary.
Meeting Date: 6/11/2013
Prepared By
Name: ValcanteMary
Title: Supervisor - Operations,Pollution Control
5/7/2013 1:57:56 PM
Submitted by
Title: Supervisor - Operations,Pollution Control
Name: ValcanteMary
5/7/2013 1:57:58 PM
Approved By
Name: PuigJudy
Title: Operations Analyst, GMD P &R
Date: 5/7/2013 3:42:45 PM
Name: LorenzWilliam
Title: Director - CDES Engineering Services,Comprehensive
Date: 5/7/2013 4:58:23 PM
Name: AshtonHeidi
Title: Section Chief/Land Use- Transportation,County Attor
Date: 5/20/2013 8:19:20 AM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 5/21/2013 4:01:18 PM
Packet Page -910-
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 5/28/2013 8:49:22 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 5/30/2013 11:15:16 AM
Name: OchsLeo
Title: County Manager
Date: 6/3/2013 10:48:29 AM
Packet Page -911-
6/11/2013 16.A.5.
6/11/2013 16.A.5.
r _
DEP AGREEMENT NO. MOA100
BETWEEN
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
AND
COLLIER COUNTY POLLUTION CONTROL AND PREVENTION DEPARTMENT
This AGREEMENT is made and entered into between the FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION, whose address is 2600 Blair Stone Road, Tallahassee, Florida 32399-
2400, hereinafter referred to as the DEPARTMENT, and the COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS, whose address is Pollution Control and Prevention Department, 3301 East Tamiami Trail,
Naples, Florida 34112, hereinafter referred to as the COUNTY
WTTNESSETH:
WHEREAS, certain monitoring activities mandated under the Clean Air Act (42 USC 7401 et seq.) and
Title 40 Code of Federal Regulations (CFR) have been agreed upon between the United States Environmental
Protection Agency (EPA) and the DEPARTMENT; and,
WHEREAS, the DEPARTMENT has received funding from the EPA through the 105 and 103 grant
programs for the purpose of establishing and operating the DEPARTMENT's Ambient Air Monitoring
Network; and,
WHEREAS, Section 403.061(12)(a), F.S., empowers the DEPARTMENT to cause field studies to be
made and samples to be taken of the air as to determine the levels of air quality of the state; and,
WHEREAS, the COUNTY has a need for accurate data regarding local air quality to help guide local
decisions.
NOW, THEREFORE, in consideration of the mutual covenants herein contained, the DEPARTMENT
and the COUNTY agree to perform all work described herein, or hereinafter authorized upon the terms and
conditions stated.
A. General Provisions: The DEPARTMENT and the COUNTY agree to perform the services and specific
responsibilities as set forth in Attachment A, "Scope of Services ", attached hereto and incorporated by
reference. Any changes are subject to the mutual agreement of both parties as evidenced in writing by
proper amendment hereto.
B. Schedule of Work: This AGREEMENT is effective. upon execution by both parties and shall remain in
effect for five years following execution. This AGREEMENT may be renewed for an additional term
not to exceed the original term of AGREEMENT. The renewal shall be in writing and subject to the
same terms and conditions of this AGREEMENT. Each party shall review its commitment to the
AGREEMENT annually.
C. Funding and Other Resources Supporting Responsibilities are Outlined in Attachment A: This
AGREEMENT is subject to availability of funds and resources or anticipated continuation of funds and
resources available to both parties throughout the duration of this AGREEMENT. Should either party's
funding or other necessary resources be discontinued or reduced, the AGREEMENT may be terminated
or amended, as appropriate.
D. Approvals: The DEPARTMENT's AGREEMENT Manager is Mr. Dick Arbes, Ambient Monitoring
• Section Administrator, telephone number 850/921 -9566. The COUNTY's AGREEMENT Manager is
Mr. Ray Smith, Director, telephone number 2391732 -2502. All matters dealing with this
DEP Agreement No. MOA100, Page 1 of 2
Packet Page -912-
6/11/201316.A.5.
AGREEMENT shall be directed to or coordinated with the AGREEMENT Managers for action or
disposition.
i E. Terminations: This AGREEMENT may be terminated, in whole or in part, in writing by either party
(1) in the event of substantial failure by the other party to fulfill its obligations under this
AGREEMENT or (2) for its convenience. The terminating party shall give (1) not less than 30 calendar
days written notice of intent to terminate and (2) an opportunity for consultation prior to termination.
F. Each party hereto agrees that it shall be solely responsible for the wrongful acts of its employees and
agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign
immunity or the provisions of Section 768.28, Florida Statutes.
G. Entire Agreement: It is expressly understood and agreed that this AGREEMENT states the entire
AGREEMENT and that the parties are not bound by any stipulations, representations, agreements, or
promises, oral or otherwise, not printed or inserted in this AGREEMENT. This AGREEMENT cannot
be changed orally, nor by any means other than by written amendments expressly referencing this
AGREEMENT and signed by all parties hereto.
IN WITNESS WHEREOF, the parties have caused this AGREEMENT to be duly executed, the day and
year last written below.
BOARD OF CIOUNTY COMMISSIONERS
COLLIER COUNT ORIDA
Frank Halas, Chairman
Date:
Attest:` Dvvitc% Clerk
Ot
By: « i -
rki)uty C-b-A
ttss #.. t rime t
ii,t�e�=:er7�
Approved As To o and Legal Sufficiency:
Assi t Co ty ttorney
FLORIDA DEPARTMENT OF
ENVIRONME R TECTION
Director Vision ot Air Resource
Manag ent
Date Z 20
DEP Contract Manager
,4f �APe�
DEP Contract Administrator
Approved As To Form and Legality:
DEP Attorney
*For Agreements with governmental boards/commissions: If someone other than the Chairman signs this
Agreement, a resolution, statement or other document authorizing that person to sign the Agreement on behalf
of the governmental board/commission must accompany the Agreement.
List of attachments/exhibits included as part of this Agreement:
.
Specify Letter/
Type Number Description (include number of pages)
Attachment A Scope of Services (2 Pages)
DEP Agreement No. MOA100, Page 2 of 2
Packet Page -913-
ATTACHMENT A
SCOPE OF SERVICES
6/11/2013 16.A.5.
A. The DEPARTMENT shall at the DEPARTMENT'S sole cost and expense perform or provide the following
services:
1. Supply and install one trailer for one ozone monitor and one PMzs TEOM ; secure pow poles, electrical
connections to the trailer; and if necessary, security fences around the selected monitoring sites.
2. Install the ozone monitor and PM2.5 TEOM along with appropriate calibrators for ambient air sampling with
all electrical, pneumatic and communications connections and insure the monitors and calibrators operate
primly
3. Provide spare sampling train components and other spare parts Tor both the PM2s and ozone monitors.
4. Provide all required expendables such as in -line filters.
5. Provide major maintenance such as replacement of the monitors' internal computer, temperature sensors,
wiring, plumbing, sample pumps, flow sensors, and if necessary, the PM2.5 or ozone monitors themselves.
6. Provide for electrical utility service for the site through a separate vendor.
7. Provide for shipping services for equipment and parts necessary to operate and maintain the PM2,5 and
ozone monitors.
AN 8. Conduct flow certifications on the PM2s sampler, animal comparison of the ozone primary calibration
standard, performance audits on both the PM" and ozone monitors; and systems audits in accordance with
40 CFR, Part 58, Appendix A.
9. Provide Standard Operating Procedures and Quality Assurance /Quality Control Procedures.
10. Provide on -site and in -state training opportunities and technical expertise on the PM2s and ozone monitors.
B. The COUNTY shall at the COUNTY's sole cost and expense perform or provide the following services.
1. Select and provide the site location for the ozone and PM2_s monitors in coordination with the
DEPARTMENT staff. Be responsible for all necessary land use clearances.
2. Provide a qualified technician to operate and maintain the PM2s and ozone monitors for ambient air
sampling. (Ideally, the technician should have some training inlexperience with technical equipment and
electronics, be computer - literate and able to follow detailed instructions).
3. Provide a qualified Quality Assurance Coordinator (someone other than the technician specified in B.2) to
ensure that all quality control and quality control functions are performed in accordance with the State -Wide
Quality Assurance Air Program Plan (QAP -001), the Quality Assurance Project Plan for the State of
Florida's PM2,5 Ambient Air Monitoring Program (QAP -002), and the applicable standard operating
procedures.
4. Review and certify the ozone and PMZs data to meet the DEPARTMNT- specified time lines. Ozone and
PMZs data will be transferred by use of the DEPARTMENT's data handling system to the
DEPARTTMENT's data base.
DEP Agreement No. MOA100, Attachment A. Page 1 of 2
Packet Page -914-
6/11/2013 16.A.5.
5. Provide preventive and minor maintenance of the PMT and ozone monitors to include: cleaning of the
• ' units, changing out parts, and changing the in -line filters. Services requiring major maintenance will be
reported to the designated DEPARTMENT technician as soon as possible.
6. Provide travel expenses for training such as for local/in -state lodging, meals, and time for the technician.
7. Provide office space for the technician.
8. Provide transportation for the technician to operate/service the PMzs and ozone monitors.
•
•
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. MOA1001 Attachment A, Page 2 of 2
Packet Page -915-
J -9T6- aged IaPed
# 12 -5842
DEP AGREEMENT NO. MOA 100
AMENDMENT NO. I
THIS AGREEMENT as entered into on the 29h day of January, 2007, between the STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION (hereinafter referred to as the "DEPARTMENT") and
the COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS (hereinafter referred to as the "COUNTY ") is
hereby amended.
WHEREAS, the DEPARTMENT and the COUNTY desires to extend this Agreement; and,
NOW, THEREFORE, the parties hereto agree as follows:
-- Paragraph B is hereby revised to change the completion date to January 29, 2014.
In all other respects, the Agreement of which this is an Amendment, and attachments relative thereto, shall
remain in full force and effect.
IN WITNESS WHEREOF, the parties have caused this Amendment to be duly executed the day and year
last written below.
COLLIER COUNTY BOARD OF
COUNTY COMMISSIONERS
�Lk W
By:
*Title: Fred Coyle, Chai an
Date: ! .—act
XP
ATTEt, -wY
p _ HT E: BR _ ;CLERK, .
DePuiYCterk y
Atteat as to ..Chi.t �amct s
Signature
Approved as to Form and Legal Sufficiency:
AssistanFCounty Attorney
*For Agreements with governmental boards /commissions:
Amendment, a resolution, statement or other document aul
the Grantee must accompany the Amendment.
DEP Agreement No. MOA100, Amendment No. 1, Page 1 of I
TV,9� MZM/9
STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
By: 'A"//
Secretary or Designee
Dater 1 — 31 — 12_
� &� 41Z-,
D c Arbes, DEP Grant Manager
DEP Contracts Administrator
Approved as to form and legality:
the Chairman signs this
sign the Amendment on behalf of
-/-T6- aSed japed
DEP AGREEMENT NO. MOA100
BETWEEN
• FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
AND
COLLIER COUNTY POLLUTION CONTROL AND PREVENTION DEPARTMENT
This AGREEMENT is made and entered into between the FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION, whose address is 2600 Blair Stone Road, Tallahassee, Florida 32399-
2400, hereinafter referred to as the DEPARTMENT, and the COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS, whose address is Pollution Control and Prevention Department, 3301 East Tamiami Trail,
Naples, Florida 34112, hereinafter referred to as the COUNTY
WITNESSETH:
WHEREAS, certain monitoring activities mandated under the Clean Air Act (42 USC 7401 et seq.) and
Title 40 Code of Federal Regulations (CFR) have been agreed upon between the United States Environmental
Protection Agency (EPA) and the DEPARTMENT; and,
WHEREAS, the DEPARTMENT has received funding from the EPA through the 105 and 103 grant
programs for the purpose of establishing and operating the DEPARTMENT's Ambient Air Monitoring
Network; and,
WHEREAS, Section 403.061(12)(a), F.S., empowers the DEPARTMENT to cause field studies to be
made and samples to be taken of the air as to determine the levels of air quality of the state; and,
WHEREAS, the COUNTY has a need for accurate data regarding local air quality to help guide local
. decisions.
NOW, THEREFORE, in consideration of the mutual covenants herein contained, the DEPARTMENT
and the COUNTY agree to perform all work described herein, or hereinafter authorized upon the terms and
conditions stated.
A. General Provisions: The DEPARTMENT and the COUNTY agree to perform the services and specific
responsibilities as set forth in Attachment A, "Scope of Services ", attached hereto and incorporated by
reference. Any changes are subject to the mutual agreement of both parties as evidenced in writing by
proper amendment hereto.
B. Schedule of Work: This AGREEMENT is effective. upon executions by both parties and shall remain in
effect for five years following execution. This AGREEMENT may be renewed for an additional term
not to exceed the original term of AGREEMENT. The renewal shall be in writing and subject to the
same terms and conditions of this AGREEMENT. Each party shall review its commitment* to the
AGREEMENT annually.
C. Funding and Other Resources Supporting Responsibilities are Outlined in Attachment A: This
AGREEMENT is subject to availability of funds and resources or anticipated continuation of funds and
resources available to both parties throughout the duration of this AGREEMENT. Should either party's
funding or other necessary resources be discontinued or reduced, the AGREEMENT may be terminated
or amended, as appropriate.
• D. Approvals: The DEPARTMENT's AGREEMENT Manager is Mr. Dick Arbes, Ambient Monitoring
Section Administrator, telephone number 850/921 -9566. The COUNTY's AGREEMENT Manager is
Mr. Ray Smith, Director, telephone number 239/732 -2502. All matters dealing with this
DEP Agreement No. MOA100, Pagel of 2
'9 *V'9 � £ �OZ4 �/9
-816- aSed lal3ed
AGREEMENT shall be directed to or coordinated with the AGREEMENT Managers for action or
disposition.
E. Terminations: This AGREEMENT may be terminated, in whole or in part, in writing by either party
(1) in the event of substantial failure by the other party to fulfill its obligations under this
AGREEMENT or (2) for its convenience. The terminating party shall give (1) not less than 30 calendar
days written notice of intent to terminate and (2) an opportunity for consultation prior to termination.
F. Each party hereto agrees that it shall be solely responsible for the wrongful acts of its employees and
agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign
immunity or the provisions of Section 768.28, Florida Statutes.
G. Entire Agreement: It is expressly understood and agreed that this AGREEMENT states the entire
AGREEMENT and that the parties are not bound by any stipulations, representations, agreements, or
promises, oral or otherwise, not printed or inserted in this AGREEMENT. This AGREEMENT cannot
be changed orally, nor by any means other than by written amendments expressly referencing this
AGREEMENT and signed by all parties hereto.
IN WITNESS WHEREOF, the parties have caused this AGREEMENT to be duly executed, the day and
year last written below.
BOARD OF CIOUNTY COMMISSIONERS
COLLIER CO ORIDA
Frank Halas, Chairman
Date:
Attest: -D3viglit.Bc Clerk
By: y C
ay Clerk A lr'
its>k as;.rim
:Gita9 aff=ix'
Approved As To o . and Legal Sufficiency:
l
AssiJtaWt Co ty ttorney
FLORIDA DEPARTMENT OF
ENVIRONMENT R . TECTION
Directo2ent m ision o Air Resource
Man ag ,
,e A.P.��
DEP Contract Administrator
proved As To Form and Legality:
DEP Attorney
*For Agreements with governmental boards /commissions: If someone other than the Chairman signs this
Agreement, a resolution, statement or other document authorizing that person to sign the Agreement on behalf
of the governmental board/commission must accompany the Agreement.
List of attachments /exhibits included as part of this Agreement:
Specify Letter/
Type Number Description (include number of pages)
Attachment A Scope of Services (2 Pages)
DEP Agreement No. MOA100, Page 2 of 2
*9 *V"9L CWz /I L/9
• -6I6- aSed IaVed
ATTACHMENT A
SCOPE OF SERVICES
A. The DEPARTMENT shall at the DEPARTMENT'S sole cost and expense perform or provide the following
services:
1. Supply and install one trailer for one ozone monitor and one PM2 5 TEOM ; secure power poles, electrical
connections to the trailer; and if necessary, security fences around the selected monitoring sites.
2. Install the ozone monitor and PM25 TEOM along with appropriate calibrators for ambient air sampling with
all electrical, pneumatic and communications connections and insure the monitors and calibrators operate
properly.
3. Provide spare sampling train components and other spare parts for both the PM2.5 and ozone monitors.
4. Provide all required expendables such as in -line filters.
5. Provide major maintenance such as replacement of the monitors' internal computer, temperature sensors,
wiring, plumbing, sample pumps, flow sensors, and if necessary, the PM25 or ozone monitors themselves.
6. Provide for electrical utility service for the site through a separate vendor.
7. Provide for shipping services for equipment and parts necessary to operate and maintain the PM2.5 and
ozone monitors.
• 8. Conduct flow certifications on the PM25 sampler, annual comparison of the ozone primary calibration
standard, performance audits on both the PM2 5 and ozone monitors; and systems audits in accordance with
40 CFR, Part 58, Appendix A.
9. Provide Standard Operating Procedures and Quality Assurance /Quality Control Procedures.
10. Provide on -site and in -state training opportunities and technical expertise on the PM2.s and ozone monitors.
B. The COUNTY shall at the COUNTY's sole cost and expense perform or provide the following services.
1. Select and provide the site location for the ozone and PM2,5 monitors in coordination with the
DEPARTMENT staff. Be responsible for all necessary land use clearances.
2. Provide a qualified technician to operate and maintain the PMZS and ozone monitors for ambient air
sampling. (Ideally, the technician should have some training in/experience with technical equipment and
electronics, be computer - literate and able to follow detailed instructions).
3. Provide a qualified Quality Assurance Coordinator (someone other than the technician specified in B.2) to
ensure that all quality control and quality control functions are performed in accordance with the State -Wide
Quality Assurance Air Program Plan (QAP -001), the Quality Assurance Project Plan for the State of
Florida's PM2.5 Ambient Air Monitoring Program (QAP -002), and the applicable standard operating
procedures.
4. Review and certify the ozone and PM2,5 data to meet the DEPARTMNT- specified time lines. Ozone and
PM2.5 data will be transferred by use of the DEPARTMENT's data handling system to the
. DEPARTN='s data base.
DEP Agreement No. MOA100, Attachment A, Page 1 of 2
S'd'9� CWZM/9
I
W
- -OZ6- afed IaVed
S. Provide preventive and minor maintenance of the PM2.5 and ozone monitors to include: cleaning of the
units, changing out parts, and changing the in -line filters. Services requiring major maintenance will be
reported to the designated DEPARTMENT technician as soon as possible.
6. Provide travel expenses for training such as for local/in -state lodging, meals, and time for the technician.
7. Provide office space for the technician.
8. Provide transportation for the technician to operate /service the PM2.5 and ozone monitors.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. MOA100, Attachment A, Page 2 of 2
'9V9� CWz /I. U9
-ZZ6- aSed IaT)ed
��,pQ01ECTI0N
Florida Department of
r Environmental Protection
' "` Bob Martinez Center
��'FLOR A
o tFL_�. _ _ 2600 Blair Stone Road
Tallahassee, Florida 32399 -2400
November 7, 2011
Mr. Ray Smith, Director
Collier County Pollution Control and
Prevention Department
Building H, Third Floor
3301 Tamiami Trail
Naples, Florida 34112
Dear Mr. Smith:
Rick Scott
Governor
Jennifer Carroll
Lt. Governor
Herschel T. Vinyard Jr.
Secretary
I am pleased to provide you with two signature -ready copies of the amended
Memorandum of Agreement (MOA100) between Collier County and the Department for
ambient air monitoring services. If you will have both copies executed and returned to me, I will
do likewise and return one copy to you.
If you or your staff have questions or need additional information, please call me at
850/717 -9048 or e -mail me at dick.arbes @dep.state.fl.us.
Sincerely,
L
Dick Arbes, Environmental Consultant
QA Group
Bureau of Air Monitoring
FORM
Enclosures
cc: Sandra Veazey, BAM
john Hughes DAR.M
'9'`d'9 L C WZ /L L/9
-ZZ6- abed laNapcl C.//
Florida Department of Risk Scott
Governor
Environmental Protection Jennifer Carroll
Bob Martinez Center Lt. Governor
2600 Blair Stone Road
Tallahassee. Florida 32399 -2400 Herschel T. Vinyard
Tallahassee,
January 31, 2012
Mr. Ray Smith, Director
Collier County Pollution Control and
Prevention Department
Suite 304
3339 Tamiami Trail East
Naples, orida 34112 -5361
Dear i
I am pleased to provide you with a copy of the final executed amended
Memorandum of Agreement (MOA100) between Collier County and the Department for
ambient air monitoring services. Mr. Mike Halpin signed the document on this date.
If you or your staff have questions or need additional information, please call Ms.
Tammy Eagan at 850/717 -9060 or e -mail her at tammy.eagan @dep.state.fl.us.
DA/as
Enclosure
cc: Sandra Veazey, BAM
John Hughes, DARM
Tammy Eagan, BAM
'9'b"9 � C WZ /l. �/9
Singz-ely,
Environmental Consultant
@A Group
Bureau of Air Monitoring
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6/11/2013 16.A.5.
TERMINATION AGREEMENT
THIS AGREEMENT, as entered into on the day of ,
2013, between the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION (hereinafter referred to as the "FDEP "), and the COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS (hereinafter referred to as "COUNTY").
WHEREAS, the FDEP and the COUNTY entered into a DEP Agreement Number
MOA100 dated January 29, 2007 for ozone monitoring at Laurel Oak Elementary
(hereinafter "DEP Agreement "); and
WHEREAS, said Agreement was amended by Amendment No. 1 on January 31,
2012; and
WHEREAS, FDEP and County mutually agree to terminate the DEP Agreement.
NOW, THEREFORE, the parties hereto agree as follows:
The DEP Agreement is hereby terminated as of the date of this Agreement.
IN WITNESS WHEREOF, the parties have caused this Agreement to be duly
executed the date and year last written below.
DATED:
ATTEST:
DWIGHT E. BROCK, Clerk
, Deputy Clerk
WITNESSES:
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
GEORGIA A. HILLER, ESQ., Chairwoman
STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
(1) By:
Signature Signature
Printedrryped Name Printedrryped Name
(2) Printedrryped Title
Signature
PrintedrTyped Name
Packet Page -923-
Approved as to form and
legal sufficiency:
Heidi Ashton -Cicko S'
Managing Assistant County Attorney
13- ENS - 00486 \10
6/11/2013 16.A.5.
Approved as to form and legality:
DEP Attorney
Page 2 of 2
Packet Page -924-
6/11/2013 16.A.5.
# 12 -5841
License Agreement
(Ozone Trailer at Laurel Oak Elementary)
This License Agreement ( "Agreement's, entered into this 24th day of
January , 201? , by and between THE DISTRICT SCHOOL BOARD OF
COLLIER COUNTY, FLORIDA, (the "District "), and the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, (the "County "), together the
"Parties ".
RECITALS:
WHEREAS, the Parties have developed a cooperative and collaborative working
relationship with each other to better serve the community and the citizens of Collier County;
WHEREAS, the Parties previously entered into that certain Agreement for Ozone Trailer
at Laurel Oak Elementary,, dated August 10th, 2000 and attached hereto as Exhibit "A" (the
"Original Agreement ") for the purpose of installing an ozone monitoring station/trailer on the
Laurel Oak Elementary School campus to monitor air quality in Collier County;
WHEREAS, in accordance with the Original Agreement the County installed an ozone
monitoring station/trailer (and a surrounding fence and gate) at Laurel Oak Elementary School
along the western boundary of the campus (collectively the "Ozone Trailer ");
WHEREAS, the Ozone Trailer is owned by the Florida Department of Environmental
Protection (the "DEP ") and used by the County pursuant to the terms of DEP Agreement No.
MOA100 between the DEP and the County, as amended; and
WHEREAS, the term of the Original Agreement has expired and the Parties are
interested in continuing the operation of the Ozone Trailer.
License -Agreement - Ozone Trailer at LOE Page 1
Packet Page -925-
6/11/2013 16.A.5.
NOW, THEREFORE, in consideration of the mutual promises and covenants
herein set forth, and other valuable consideration and intending to be legally bound hereby, the
Parties agree as follows:
Section 1- Recitals: The foregoing Recitals are true and correct.
Section 2 - License of Use: The District shall allow the County to continue to use and
occupy the existing Ozone Trailer for the purpose of monitoring alr quMity in Collier County for
the benefit of the community. The County shall be solely responsible for the cost of properly
installing, permitting, using, maintaining, removing the Ozone Trailer in compliance with all
applicable laws, regulations and ordinances.
Section 3 -Term: The District agrees to allow the County to continue to use and occupy
the Ozone Trailer for a term of five (5) years commencing on January 1, 2412 and terminating at
the end of the day on December 31, 2016. The Parties recognize that they are providing needed
public facilities and services under the terms of this Agreement and that they may desire to
extend or renegotiate the term of this Agreement at its expiration.
Section 4 - Utilities: The County shall be responsible for any and all utility requirements
to operate the Ozone Trailer. Electrical service for the Ozone Trailer shall be separately metered
and the County shall be responsible for connecting utility service lines and pipes in compliance
with all applicable laws, regulations and ordinances.
Section 5 - Repairs & Maintenance: The County shall be responsible for any and all
repairs and maintenance of the Ozone Trailer. The County shall assume the risk of loss with
respect to the Ozone Trailer and any personal property or equipment placed in it. The County
shall maintain the Ozone Trailer in compliance with all applicable laws, regulations and
ordinances.
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Section 6 - Cleaning & Security: The County shall be responsible for performing the
custodial services for the Ozone Trailer. The County shall provide adequate personnel to
supervise and secure the Ozone Trailer and shall also be responsible for locking and securing the
Ozone Trailer in a safe and reasonable manner that promotes community health, public safety
and the proper care and preservation of the public facilities.
Section 7 - Air Monitoring Operations: The County shall be solely responsible for
managing and administering the Ozone Trailer for the purpose of monitoring air quality in
Collier County and it shall conduct all of its operations in compliance with all applicable laws,
regulations and ordinances. The County shall be responsible for providing all of the staff,
furniture and equipment for providing to monitor air quality.
Section 8 - Access: The District shall allow the County and its employees,
representatives, agents and invitees reasonable access to the Ozone Trailer in compliance with all
applicable District policies and procedures and all applicable laws, regulations and ordinances,
including but not limited to, Florida Statutes Section 1012.465.
Section 9 - Indemnity & Insurance: The County shall be responsible for the acts or
omissions of the County, and its employees, representatives, agents and invitees, and when
appropriate, for all other persons permitted in, on, or about the licensed District facilities or
property with respect to injuries or damage that occur as a consequence of the County's usage of
District facilities or property. Notwithstanding anything contained herein to the contrary, the
County specifically does not waive its sovereign immunity as to liability or damages pursuant to
Florida Statutes Section 768.28. The County agrees that at all times material to this Agreement,
it shall provide General Liability insurance coverage with the District listed as an additional
insured with an amount of not less than $1,000,000 per occurrence, Auto Liability insurance
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coverage in an amount not less than $1,000,000 and Workers Compensation insurance coverage
meeting statutory limits and in compliance with the applicable State and Federal laws. The
County shall provide the District documentation of such insurance prior to the continuation of its
use and occupancy of the Ozone Trailer in accordance with this Agreement. The insurance may
be provided on a self - insured basis provided that all self- insurance(s) must comply with all State
laws and regulations.
Section 10 —_Conflict Resolution: In the event that the Parties disagree regarding the
interpretation of this Agreement, or the fulfillment of obligations required hereunder, either Party
may request an appeal to the Superintendent, or the County Manager, as applicable. Should the
problem not be resolved to the mutual satisfaction of any Party, it shall be entitled to pursue any
legal or equitable remedy available to it.
Section 11 — Termination: If the Parties are unable to resolve any issues or disputes
arising from this Agreement through good faith negotiations, then the District or the County
may, at any time, and for any reason, terminate this Agreement after sixty (60) days written
notice to the other Parry. In the event the Agreement is temlinated or expires, the County, at its
sole cost and expense, shall remove the Ozone Trailer and any associated infrastructure or
improvements from the Laurel Oak Elementary School campus and restore the grounds to their
previous condition prior to the installation of the Ozone Trailer.
Section 12 — Assignability: The Parties shall not assign any interest in this Agreement
without the prior written consent of the other.
Section 13 — Educational 0 ortunities: The County shall cooperate in a collaborative
manner concerning any educational benefits for District students that can be reasonably derived
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from the operation of the Ozone Trailer on District property, including but not limited to,
presentations and field trips.
Section 14 - Miscellaneous: This Agreement contains the entire understanding between
the Parties and any modifications to this Agreement shall be mutually agreed upon in writing by
the District and the County. The prevailing party in any action, or in any ancillary proceeding or
appeal, to enforce or interpret any of the terms or provisions of this Agreement shall be entitled,
in addition to damages, injunctive relief or other relief, to recover from the other party all costs
including without limitation, costs and expenses of litigation and reasonable attorney's fees. The
captions and section numbers used in this Agreement are for purposes of convenience and for
reference only and shall not be used to define, limit or extend the scope or meaning of any part of
this Agreement. Whenever in this Agreement a party is or may be called upon to give its consent
or approval to any action, said consent shall not be unreasonably withheld or delayed.
The Parties hereto agree to promptly sign all documents reasonably required to give effect to the
provisions of this Agreement. This Agreement shall be construed and enforced in accordance
with the laws of the State of Florida.
Nothing contained in this Agreement shall be deemed or construed, either by the Parties
hereto or by any third party, to create the relationship of principal and agent, or create any .
partnership, joint venture or other association between the Parties. In the event of default by a
party hereto in its respective obligations hereunder, the non - defaulting party shall have all
remedies available to it at law or in equity. In the event any provision of this Agreement is held
to be illegal, invalid or unenforceable under present or fiiture laws, such provision shall be fully
severable; this Agreement shall be construed and enforced as if such illegal or unenforceable
provision had never comprised a part of this Agreement, and the remaining provisions of this
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Agreement shall remain in full force and effect. Each Party hereby represents and warrants to the
other that the execution of this Agreement and any other documents required or necessary to be
executed pursuant to the provisions hereof are valid, binding obligations and are enforceable in
accordance with their terms.
[SIGNATURE PAGES TO FOLLOW]
License Agreement - Ozone Trailer at LOE
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-- 6/11/2013 16.A.5.
IN WITNESS WHEREOF, the Parties hereto have caused the Agreement to be executed by
their appropriate officials, as of the date first above written.
AS TO COUNTY:
DATED:
ATTEST:
DWIGHT E. BROCK, Clerk
Approved'as to torm ana
legal sufficiency:
Assistant County Attorney
-57s,,,.s" VFL,rL C3. %)tA t
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, AS
THE GOVERNING BODY OF COLLIER
COUNTY
BY:
Fred Coyle,, Chair n
[DISTRICT SIGNATURE PAGE TO FOLLOW]
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AS TO DISTRICT:
DATED: /Z- 11 "!
Witness (Signature �j
Name J) lklff (Print or Type)
Witness (Signature)
Name: -1.,,Ot 0 n) 4 Ci5.-,,�, of
(Print or Type)
Approved as to form and
legal sufficiency
�m �-� LQ----
4o4 Fishbane
i trict General Counsel
License Agreement - Ozone Trailer at LOE
6/11/2013 16.A.5.
THE DISTRICT SCHOOL BOARD OF
COLLIER COUNTY, FLORIDA
Un
Atte
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:nt
Page 8
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ASSIGNMENT OF LICENSE AGREEMENT
WITH CONSENT OF SCHOOL DISTRICT
THIS ASSIGNMENT is made and entered into this day of 2013,
between the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
a political subdivision of the State of Florida (hereinafter referred to as "County" or "Assignor "),
and FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (hereinafter referred
to as "FDEP" or "Assignee ").
RECITALS
WHEREAS, The District School Board of Collier County, Florida and Board of County
Commissioners entered into a License Agreement dated January 24, 2012 for the continued
operation of an ozone monitoring station/trailer (and a surrounding fence and gate) at Laurel Oak
Elementary along the western boundary of the campus; and
WHEREAS, the ozone trailer is owned by Florida Department of Environmental
Protection; and
FDEP.
WHEREAS, the County no longer desires to perform the monitoring; and
WHEREAS, FDEP desires to conduct the monitoring; and
WHEREAS, County and FDEP mutually agree to assign the License Agreement to
NOW, THEREFORE, in consideration of ten dollars and other valuable consideration,
the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:
1. Assignor does hereby assign to Assignee any and all right, title and interest it has
in the License Agreement.
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6/11/2013 16.A.5.
2. Assignee hereby agrees to assume all of Assignor's obligations under the License
Agreement on or after the date of this Assignment.
3. This assignment is without recourse against the Assignor.
IN WITNESS WHEREOF, the undersigned has set its hand and seal the date and year
first written above.
DATED:
ATTEST:
DWIGHT E. BROCK, Clerk
, Deputy Clerk
WITNESSES:
(1)
Signature
Printed/Typed Name
(2)
Signature
Printed/Typed Name
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
:
GEORGIA A. HILLER, ESQ., Chairwoman
FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
LE
Signature
Printed/Typed Name
Printed/Typed Title
Page 2 of 3
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Approved as to form and
legal sufficiency:
VAf
Heidi Ashton -Cicko
Managing Assistant County Attorney
13- ENS -00486 \8
6/11/2013 16.A.5.
Consented to this day of
2013
THE DISTRICT SCHOOL BOARD OF COLLIER
COUNTY, FLORIDA
By: /'1911A I i -
Si at
Printed/Typed Name
5 � e✓ , r\kC -nCkQ ^V
Printed/Typed Title
& t"k. -�"
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R ,� , It
a ® ;d
February 22, 2013
FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
BOB MARTMEZ CENTER
2600 BLAIRSTONE ROAD
TALLAHASSEE, FLORIDA 32399 -2400
VIA ELECTRONIC MAIL
maryvaleante(a�col lier� ov.net
Ms. Mary Valcante
Pollution Control Section
Collier County Natural Resources Department
2800 North Horseshoe Drive
Naples, Florida 34104
Dear Ms. Valcante:
6/11/2013 16.A.5.
RICK SCOW
CR)V LRNOR
UNNII -TR C ARROLL
I.l, GOVF"RNOR.
HLRSCHEL T, VINYARD.1R.
SI. CRE "I ARY
This letter is sent in reference to the operation of the air quality monitoring site (AQS #12 -021 -
0004) located at the Laurel Oaks Elementary School in Collier County. The Florida Department of
Environmental Protection (Department) owns the shelter and equipment at the site and provides
maintenance and equipment repair, quality assurance audit functions, and pays for electrical
services. The County, by mutual written agreement, agreed to provide a technician to operate the
air quality monitors and a Quality Assurance Coordinator to ensure that quality control and quality
control functions are performed in accordance with the Department's quality assurance plans and
standard operating procedures.
Because of unforeseen complications due to frequent employee turnover at the County's air quality
technician position, the Department intends to assume responsibility for the operation of the air
monitoring site atxhe Laurel Oaks Elementary School site as soon as possible. We believe that
this will minimize future issues related to employee turnover.
Thank you for your many years of dedication and support to the State's air quality monitoring efforts. Your
partnership in this effort has been and will continue to be valued.
We look forward to hearing from you soon to discuss the specifics of the Department taking on the full
responsibility of air quality monitoring at the Laurel Oaks Elementary School site. You may contact me by
email at Sandra .veazev(i��dep. state. fl.us or by phone at 850/717 -9042.
Sincerely,
r
Sandra F. Veazey, Chief
Bureau of Air Monitoring
SFV/
cc: Mr. Ajaya Satyal, FDEP, Southwest District Office Nava satyalr dep.state.il.us)
www.dep. stute..f(. its
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