Agenda 01/24/2012 Item #16C21/24/2012 Item 16.C.2.
EXECUTIVE SUMMARY
Recommendation to approve License Agreement # 12 -5841 with the District School Board
of Collier County to allow the County to continue to locate the Ambient Air Monitoring
Trailer at Laurel Oak Elementary School, and to conduct ambient air monitoring for the
urban area of the county.
OBJECTIVE: Approve a License Agreement with the District School Board of Collier County
(District) to allow the County to continue to locate the Ambient Air Monitoring Trailer at Laurel
Oak Elementary School and conduct ambient air monitoring.
CONSIDERATIONS: On June 27, 2000, Item No. 16.A.2, the Board of County
Commissioners (Board) approved the Florida Department of Environmental Protection (DEP)
Contract No. AQ158, allowing Collier County to operate a DEP owned Ambient Air Quality
Monitoring Trailer. On December 12, 2006, Item No.16.C.3, the Board approved Agreement
NO. MOA100 and on January 29, 2007, DEP signed off on this agreement, providing for the
continuation of the operation of the Ambient Air Monitoring Trailer by the County. In summary,
these Agreements required DEP to provide the trailer and electrical utility service. The County
was required to select the location and monitor the air quality. An amendment to the Agreement
with DEP to extend the term is on this agenda for Board consideration.
Staff selected property owned by the District as the location for the trailer and on September 12,
2000, Item No.16.A.1, the Board entered into an agreement with the District to locate and
operate the 8' x 20' Ambient Air Monitoring Trailer at the Laurel Oak School.
The agreement with the District has expired. To continue the performance of DEP Contract
MOA 100, and operate the Ambient Air Monitoring Trailer at the Laurel Oak Elementary
School, a new interlocal agreement (License Agreement) with the District is necessary. The
proposed License Agreement was approved by the District at its December 13, 2011, meeting.
FISCAL IMPACT: The DEP will continue to fund all costs for providing equipment and utility
services to conduct this program. The County will continue to operate the equipment, and
provide Quality Assurance on the data by utilizing existing staff of the Pollution Control &
Prevention Department. This is budgeted in Fund 114, Cost Center 178975. No additional staff
or amendments to the existing budget will be required.
LEGAL CONSIDERATIONS: This item is legally sufficient and requires a majority vote for
Board approval. - JBW
GROWTH MANAGEMENT IMPACT: Implementation of this License Agreement will
allow the continued placement of the Ambient Air Monitoring Trailer at the Laurel Oak
Elementary School so it may continue to operate consistent with the County's Growth
Management Plan Conservation and Coastal Management Element to satisfy the Objective and
Policy under Goal 8.
RECOMMENDATION: That the Board of County Commissioners approve the License
Agreement with the District School Board of Collier County and authorize the Chairman to
execute same.
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IW
1/24/2012 Item 16.C.2.
EXECUTIVE SUNMARY
Recommendation to approve License Agreement # 12 -5841 with the District School Board
of Collier County to allow the County to continue to locate the Ambient Air Monitoring
Trailer at Laurel Oak Elementary School, and to conduct ambient air monitoring for the
urban area of the county.
OBJECTIVE: Approve a License Agreement with the District School Board of Collier County
(District) to allow the County to continue to locate the Ambient Air Monitoring Trailer at Laurel
Oak Elementary School and conduct ambient air monitoring.
CONSIDERATIONS: On June 27, 2000, Item No. 16.A.2, the Board of County
Commissioners (Board) approved the Florida Department of Environmental Protection (DEP)
Contract No. AQ 158, allowing Collier County to operate a DEP owned Ambient Air Quality
Monitoring Trailer. On December 12, 2006, Item No.16.C.3, the Board approved Agreement
NO. MOA100 and on January 29, 2007, DEP signed off on this agreement, providing for the
continuation of the operation of the Ambient Air Monitoring Trailer by the County. In summary,
these Agreements required DEP to provide the trailer and electrical utility service. The County
was required to select the location and monitor the air quality. An amendment to the Agreement
with DEP to extend the term is on this agenda for Board consideration.
Staff selected property owned by the District as the location for the trailer and on September 12,
2000, Item No. 16.A.1, the Board entered into an agreement with the District to locate and
operate the 8' x 20' Ambient Air Monitoring Trailer at the Laurel Oak School.
The agreement with the District has expired To continue the performance of DEP Contract
MOA 100, and operate the Ambient Air Monitoring Trailer at the Laurel Oak Elementary
School, a new interlocal agreement (License Agreement) with the District is necessary. The
proposed License Agreement was approved by the District at its December 13, 2011, meeting.
FISCAL IMPACT: The DEP will continue to fund all costs for providing equipment and utility
services to conduct this program. The County will continue to operate the equipment, and
provide Quality Assurance on the data by utilizing existing staff of the Pollution Control &
Prevention Department. This is budgeted in Fund 114, Cost Center 178975. No additional staff
or amendments to the existing budget will be required
LEGAL CONSIDE&4' 1kQNS: This item is legally sufficient and requires a majority vote for
Board approval. - JBW
GROWTH MANAGEMENT IMPACT: Implementation of this License Agreement will
allow the continued placement of the Ambient Air Monitoring Trailer at the Laurel Oak
Elementary School so it may continue to operate consistent with the County's Growth
Management Plan Conservation and Coastal Management Element to satisfy the Objective and
Policy under, Goal 8.
RECOMMENDATION: That the Board of County Commissioners approve the License
Agreement with the District School Board of Collier County and authorize the Chairman to
execute same.
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1/24/2012 Item 16.C.2.
^ PREPARED BY: Robert A. Ward, P.G., Senior Project Manager, Pollution Control and
Prevention Department, Public Utilities Division.
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.C.2.
1/24/2012 Item 16.C.2.
Item Summary: Recommendation to approve License Agreement # 12 -5841 with the
District School Board of Collier County to allow the County to continue to locate the Ambient
Air Monitoring Trailer at Laurel Oak Elementary School, and to conduct ambient air monitoring
for the urban area of the county.
Meeting Date: 1/24/2012
Prepared By
Name: Crystal Wray
Title: Administrative Secretary
12/15/20112:18:03 PM
Submitted by
Title: Project Manager, Senior,Pollution Control
Name: WardRob
12/15/20112:18:04 PM
Approved By
Name: HapkeMargie
Title: VALUE MISSING
Date: 12/27/20113:58:54 PM
Name: SmithRay
Title: Director - Pollution Control,Pollution Control
Date: 12/27/20114:02:31 PM
Name: LorenzWilliam
Title: Director - CDES Engineering Services,Comprehensive
Date: 12/28/20119:17:42 AM
Name: WardKelsey
Title: Manager - Contracts Administration,Purchasing & Ge
Date: 12/28/2011 11:44:37 AM
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1/24/2012 Item 16.C.2.
Name: WidesTom
Title: Director - Operations Support - PUD,Utilities Fina
Date: 12/28/20112:19:47 PM
Name: CamellSteve
Title: Director - Purchasing/General Services,Purchasing
Date: 1/2/2012 9:19:54 AM
Name: WhiteJennifer
Title: Assistant County Attomey,County Attorney
Date: 1/312012 8:13:45 AM
Name: YilmazGeorge
Title: Director - Wastewater,Wastewater
Date: 1/10/2012 11:21:57 AM
Name: GreenwaldRandy
Title: Management/Budget Analyst,Office of Management & B
Date: 1/11/2012 1:16:16 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 1/11/2012 4:37:19 PM
Name: SheffieldMichael
Title: Manager - Business Operations, CMO
Date: 1/12/2012 4:48:02 PM
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1/24/2012 Item 16.C.2.
# 12 -5841
License Agreement
(Ozone Trailer -at Laurel Oak Elementary)
This License Agreement ( "Agreement "), entered into this day of
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.
MOA 100 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
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1/24/2012 Item 16.C.2.
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 air quality 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, 2012 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.
License Agreement — Ozone Trailer at LOE Page 2
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1/24/2012 Item 16.C.2.
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
License Agreement - Ozone Trailer at LOE Page 3
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1/24/2012 Item 16.C.2.
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 Party. In the event the Agreement is terminated 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 - Assienability: The Parties shall not assign any interest in this Agreement
without the prior written consent of the other.
Section 13 - Educational Opportunities: The County shall cooperate in a collaborative
manner concerning any educational benefits for District students that can be reasonably derived
License Agreement - Ozone Trailer at LOE Page 4
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1/24/2012 Item 16.C.2.
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 Iimitation, 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 future 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
License Agreement - Ozone Trailer at LOE Page 5
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1/24/2012 Item 16.C.2.
^ 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 Page 6
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1/24/2012 Item 16.C.2.
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
Deputy Clerk
Approved as to form and
legal sufficiency:
Assistant County Attorney
TAN N1 F &Q. 1'5• tz" 1'r
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, AS
THE GOVERNING BODY OF COLLIER
COUNTY
RU
[DISTRICT SIGNATURE PAGE TO FOLLOW]
License Agreement - Ozone Trailer at LOE Page 7
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1/24/2012 Item 16.C.2.
AS TO DISTRICT:
DATED: /Z -/3 —! /
` THE DISTRICT SCHOOL BOARD OF
Witness (Signature) COLLIER COUNTY, FLORIDA
Name:. 5T-A. 1
(Print or Type)
By:
y 1. Terry, Ch 'tan
Witness (Signature)
Name:, tJ Lo Ca oj Attest: K"
(Print or Type) br. Kamela Pa on, Superintendent
Approved as to form and
legal sufficiency
Jj4fishbane
ct General Counsel
License Agreement - Ozone Trailer at LOE Page 8
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03/11/2003 TM 12:42 FAX-941436646f
1/24/2012 Item 16.C.2.
EXHIBIT A Q Uvo
16A1
AGREEMENT FOR OZONE TRAn ER AT
LAUREL OAS ELEMEENTARY
THIS AGREEMENT, made and eaMrW info this 10 day of Avg by and
the DISTRICT SCHOOL BOARD OF COLLIER COUNTY, FLORIDA (the "SCHOOL
BOARD'), located at 3710 Estcy Avenue in Napics, Florida 34104 and COLLMR. COUNTY
(dle "COUNTY") Having an addrew at 3301 East Tamiami Trail, Building A, Mgrd RM,
Naples, Florida 34104.
WHEREAS, the SCHOOL BOARD is a public body charged %itir the respoa>sriility of
PMvift educational resources to students of the county; and
WHEREAS, the COUNTY is a 90verrhmental agency charged with placing au ozone
03e0it0riag unit in Collier County as directed by the State of Florida; and
WHEREAS, ft COUNTY desires to place an 8' X 20' traaW at Laurel Oak Elementary to
uamiuor the done Levels thtougiwat the county; and
WHEREAS, the SCHOOL BOARD and the COUNTY desires to have an amicable
rekdandlip in servicing the citizen of Coiner Cormty, Florida; and
WHEREAS. the COUNTY shah provide tree SCHOOL BOARD with ropier of an
ffi for the trailer installation: and
NOW. TSERMRE, the parties agree as fanowc
1. 7be SCHOOL BOARD agraes to allow the COUNTY to peace an 8' x 20' now at
Lanni Oats BtementW on the Northwest side of campus at a location approved in advance
by the SCHOOL BOARD.
I The COUNTY whin place the trniler at Laurel Oak Elementary to monkor ozone Levels in
the county.
3. lu COUNTY stroll pay fur all costs associated with instawfg, mitainin , and
removing the R&TImmadoned trailer.
4. The COUNTY shalt comply with all applicable building codes as established by the
Slate Requiremmt for Educadon.y F=Mties (SREF).
5. Tat COUNTY shall maintain approPriace liability zommoce and the SCHOOL BOARD
shalt be lined as an additional ushered. Also, to the greau m extent anbwed by law, the
COUNTY shall hold the SCHOOL BOARD harmless against alt claiata associated with this
Apeement, including direct and or indirect economic andt or consequential tosses.
6• The SCHOOL BOARD, its employees, Factors and subcontractors shall not be subject
m MY required Inspection or re- imPection of the trailer while located at Laurel Oak
Elemarary-
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1/24/2012 Item 16.C.2.
03/11/2003 TUB 12:42 FAX 9414366469 RISK XNGW gyovy
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7. 11m SCHOOL BOARD will allow the COUNTY employees and representatives reasonable
AccM to the 6.0. 110 COUNTY shall provide an estimated schedule to the SCHOOL
BOARD of when access is required to the =Her.
a. This 2gFeCuleW will expire in &e (5) yew and will need to be rmewed by each
agency-
9. 7110 COUNTY shed install an 8 foot high chain link &=e . around the perimeter of the
trailer and will secure its sate.
10. The COUNTY dun W responsible for the expense in restoring the site to its PiesaM
condition'when the mute• is removed in the future.
11. The COUNTY shall provide the principal of Laurel Oak El=cutary with a spare
by In can of an emergency at the site.
12. This agreement may be terminated without cause by either parry upon sixty (60) calendar
days written notice to the other party.
13• I'm Weeagm d" become effective upon approval by the majority voce of both
the SCHOOL BOARD and the COUNTY.
14. Any uft =pkemew will be ntb&-d by the
COUNTY at its expense.
15. The COUNTY Will c0qWM cancermn any educatibual b=ft for Collier Comgy
Public School BMWem that can be derived from the presence of the ozone monitoring
system an SCHOOL BOARD property.
16. This Agreement may not be changed may. is the Catim agreement of the parties, wffl be
interpreted under Fkaida law and may not be assigned.
IN WIT 4ESS WHEREOF. dW Putu b=W boo caused this Agreement to be =cused by &6!r
-11-01- l M officials, as of the date fast above written.
DWMCT SCHOOL BOARD OF
COLLIER COUNTY, FLORIDA
SUP E-2 wr OF scHooLs
4,
DR. DAN W. WHITE
BOARD OF COUNTY COMMISSIONERS
COLLIER C ORIDA
Attest as to Chairman's ATTEST.6
SCHOOL DWWMF_
CHAIR signature 00I.Y.
BAREMU J. C7flMH 4Wfted as to farm & legal gUjLuu ...
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1/24/2012 Item 16.C.2.
EXHIBIT A ouva
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AGREEMENT FOR OZONE TRAILER AT
LAUREL OAK ELEMENTARY
TM AGREEMENT, made and eMnvd into this 10 dri of AuM. MM by and between
the D=1CT SCHOOL BOARD OF COLLMR COUNTY, FLORIDA (the "SCHOOL
BOARD'), located at 3710 Estey Avenue in Napka, Florida 34104 and COLLIER COUNTY
(the "COUNTY') having an address at 3301 East Tamiami Trail, Boding H. 'tlttrd RM. M.
NNft, Florida 34104.
• "� NlMMM.
WHEREAS, the SCHOOL BOARD is a public body charged with the respwmb7ity of
Prong educ adonal resources to sd1cleats of the cm aty; and
WHEREAS, the COUNTY is a governmental agency charged with placing an ozone
tnoanitoring unit in Collier County as directed by the State of Florida; and
WHEREAS, the COUNTY desires to pine an S, X 20' trailer at Laumel Oak ElamMMtary to
monitor the ozone levels thtougbout the county; and
WHEREAS, the SCHOOL BOARD and the COUNTY desires to bave as amicabL-
rebtfiGnShip
in servicing the citizens of Collier County, Florida; and
WHEREAS, the COUNTY stall provide the SCHOOL BOARD with copies of all
qwMestions for the trailer installation, and
NOW. THEREFORE, the parties agree as follows:
1. The SCHOOL BOARD agrees to alloy" the COUNTY to place an 8' x 20, trailer at
Laurel Oak Elementary on the Northwest side of campus at a location, approved in advance
by the SCHOOL BOARD.
2. The. COUNTY will place the trailer at Latael Oak Elementary to monitor ozone levels in
the county.
3. 'The COUNTY shalt pay for all coats associated with Wig, Maintainin , and
g die aft m antioned trailer.
4. The COUNTY shall comply with all applicable building codes as establish by the
".state Requirement for Fdacationsi Fkgi 'es (SREF).
5. The COUNTY shall maintain appropriate liability insurance and die SCHOOL BOARD
shalt be listed as an additional insured. Also, m the greatest extent allowed by law, the
COUNTY shall hold the SCHOOL BOARD harmless against all claiaas aaaoeiatod with this
Agreennid, including direct and/ or indirect economic and/ or consegnemial leases.
6. The SCHOOL BOARD, its eooployexa, contractors and subcoamscm shall not be subject
to
Elementary-
any required faspectim or m-wpecdw of the trailer while located at L.aurd Oak
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1 /24/2012 Item 16.C.2.
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7. Tice SCHOOL BOARD will allow the COUNTY employees and representatives reasanabie
access to the site. Tae COUNTY shall provide an estimated schedule to the SCHOOL
BOARD of when access is required to the trailer.
8. This agreement will expire in five (5) years and will aced to be renewed by each
9. The COUNTY shall install an 8 foot high chain link few around the perimeter of the
Wier and will secure its gate.
10. The COUNTY shall be ruble for the expanse in restoring the site to its present
cxaadidon'whe u the Muter is removed in the fim e.
11. The COUNTY shall provide the Principal of Laurel Oak EleuteatW with a spare
key is case of an emergency at the site.
12. Tills agreement may be termioated without cause by either party upon sixty (60) catendaz
days written notice to the other party.
13. Ibis agreeax -nt shall become effective upon approval by the majority vote of both
the SCHOOL BOARD and the COUNTY.
14. Any utility requirements will be satisfied by the COUNTY at its expense.
15. The COUNTY wfli cooperate cxm wj:dng ally educational bemeftts for Collier County
Public School spadmts that can be denve d from the presence of the aww monitoring
system an SCHOOL BOARD property.
16. This agrearnmr may not be changeed orally, is the eatirc aumm of the parties, wM be
is orpreted under Flodda law and any not be assigned.
IN W MESS WHMEOF, the parities hereto have caused this Agreement to be executed by their
date officials, as of the date first above written.
DWMLT SCHOOL BOARD OF BOARD OF COUNTY COMMMMOI
COLLIER COUNTY, FLORIDA COWMR C FMRIDA
SUPE.RRFMENT OF SCHOOLS
DR. DAN W. WEIM Twepty L CO
Attest as to Glit ATTEST-6
rt�ut'S
SCHOOL CHAIR signature- oalj. iJiIVlCfiTE' ,!
Dell
i3elLtBARA I. A pp m ad as to farm & Iegal wf&u"w:.
Pd
8 _ g f ?-ono
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A
''.tom n,w• ' • .
1/24/2012 Item 16.C.2.
DEP Contract No. AQ158
16A 2
AGREEMENT
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 -24M hereinafter referred to as the DEPARTMENT, and the COLLIER COUNTY BOARD OF
COUNTY COMNIISSIONERS, whose address is Collier County Pollution Control and Prevention
Department, 3301 East Tamiami Trail, Naples, Florida 33962, 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 operati
Monitoring Network; and, ng the DEPARTMENT's Ambient Air
WHEREAS, Section 403.061(12xa), 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, 1IEEREFORE, 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 agrecme�t 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 tenors 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.
DEP Contract No. AQ1S8, Page Z of 2
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1/24/2012 Item 16.C.2.
10A
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. David Knowles, South
District Air Program Administrator, telephone number 941/332 -6975, extension 134. The
COUNTY's AGREEMENT Manager is Dr. G. Goetge Yilmaz, Director, telephone number
941/ 732 -2502. All matters dealing with this 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 pact, 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 agrm 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 r ofmmeing 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
Date: A
Vie: 27 , 2044:)
Aft=' D- wight'�. Brock, Clerk
By:
Clerk Attest as to Cheirm's
Signature only.
Approved As To Fong and Legal Sufficiency-
01,
--�
Assistelat County Attorney
FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
Director, i of .
Management
Date o
DEP Contracts
Approved As To.Form and Legality:
-%KL-. 6
D Attorney
DEP Contract No. AQ1M Page 2 of 2
...Packet Page -1562- ---
1/24/2012 Item 16.C.2.
16A 2 1
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 two hailers for two ozone monitors; secure power poles, electrical
connections to the trailers; and if necessary, security fences around the selected
monitoring sites.
2. Install a platform large enough for three PM2.s monitors (one for ambient air sampling,
one for collocation, and one for routine audits by the EPA's Contractor); electrical
moons to the platform and a security fence around the selected monitoring site.
3. Supply and install the PM25 monitors) for ambient air sampling on the platform with all
electrical connections and insure monitor operates properly. Install the ozone monitors
and cahbrators for ambient air sampling with all electrical, pneumatic and
communications connections and insure the monitors and calibrators operate properly
4. Provide spare sampling train components and other spare parts for both the PK., and
ozone monitors.
5. Provide all required expendables such as in -line filters, flow filter unit, sample filters,
filter holders, shipping containers, and sample train oil.
6. Provide major maintenance such as replacement of the monitors' internal computer,
tempaature sensors. wiring, plumbing, sample pumps, flow sensors, and if necessary, the
Phf s or ozone monitors themselves.
7. Provide for electrical utility service for the ozone sites through a separate vendor.
8. Provide for shipping services for sample filters and for equipment and parts necessary to
install, operate and maintain the PMis and ozone monitors.
9. Provide for laboratory filter weighing services for the PM21 filters.
10. Conduct flaw certifications on the PMu sampler, annual certification on the ozone
PAY calibration standard, and performance audits on both the PM2,s and ozone
monitors, conduct triennial systems audits in ac oondance with 40 CFR, Part 58, Appendix
A.
11. Provide Standard Operating Procedures and Quality AmmraQuality Control
Procedures.
DEP Qw&ad No. AQ158, Atbmbmmt A, Pare 1 of 3
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1/24/2012 Item 16.C.2.
16A 2
12. Provide on -site and in -state training opportunities and technical expertise on the PM23
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 locations for the ozone 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 inexperience
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-001A), and the applicable standard operating procedures.
4. Provide for PMzs sample filter change every three days or six days dependingon the type
of sampler and sampling schedule.
5. Provide use of a laptop computer capable of providing the services listed in Paragraph
B.6. of this Attachment.
6. Transfer data from the PM2S monitor by laptop computer and ship to the
DEPARTMENT's Ambient Monitoring Section via disk, e-mail, or other! acceptable
mode per a prescribed schedule. Ozone data will be transferred by use of the EMC data
handling system.
7. Provide for PM., sample filter handling to include receipt from the supplier, iinstallation
in and removal fiem the PMu monitor, documentation, and delivery of the filters to the
designated shipper.
8. Provide minor maintenance of the PM23 monitor to include sample train oil changes,
cleaning of the unit, and changing out parts; minor maintenance of the ozonei monitor to
include changing the in -line filters, cleaning the equipment and changing out parts.
Services requiring major maintenance such as those listed in Paragraph A.6 of this
Attachment will be reported to the DEPARTMENT's Agreement Manager and the
designated DEPARTMENT technician as soon as possible.
9. Provide travel expenses for braining such as for local/in-state lodging, meals, and time for
the technician.
DEP Contract. No. AQ15k Attachment A, Page 2 or 3
Packet Page - 1564 -
10. Provide office space for the technician.
1/24/2012 Item 16.C.2.
16A 2 l*-N,
11. Provide for transportation for the technician to operate/service the PK5 and ozone
monitors.
REMAINDER OF PAGE R4TENITONAUY LEFT BLANK
DEP Coabvd No. AQUAM, Atbwhnant A, Pale 3 of 3
I - Packet Page -1565- -
1/24/2012 Item 16.C.2.
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 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 239/732 -2502. All matters dealing with this
DEP Agreement No. MOA100, Page 1 of 2
Packet Page -1566-
1/24/2012 Item 16.C.2.
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
• i) !. (i
Date: "1 �} :,00i'
Attest D ova 1ght11c Clerk
By:
Duty
i f,tiori °cer ??'
Approved As To o and Legal Sufficiency:
l'
Assi t Co ty ttorney
FLORIDA DEPARTMENT OF
VO R N
LA-
D
rector, sion o Air Resource
ell nt
,
.,X AVxo4q-
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 Rages)
Attachment A Scope of Services (2 Pages)
DEP Agreement No. MOA100, Page 2 of 2
Packet Page -1567-
1/24/2012 Item 16.C.2.
ATTACFNIENT 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 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
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 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.
8. Conduct flow certifications on the PM2.5 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 PM2.5 and ozone monitors.
B. The COUNTY shall at the COUNTY's sole cost and expense perform or provide the following services.
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 PM2.5 and ozone monitors for ambient air
sampling. (Ideally, the technician should have some training inexperience 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 PMZ5 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
DEPARTMENT's data base.
DEP Agreement No. MOA100, Attachment A. Page 1 of 2
Packet Page -1568-
0
1/24/2012 Item 16.C.2.
5. Provide preventive and minor maintenance of the PM2-S and ozone monitors to include: cleaning of the n
• 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 PMm and ozone monitors.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. MOA100, Attachment A, Page 2 of 2
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