Backup Documents 06/11/2013 Item #16A 5ORIGA 5
INAL DOCUMENTS CHECKLIST &ROUTING I
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 throw #2 as p Sn '
P g through appropriate for additional si stores, dates, and/or information needed. If the document is already complete with the exception
of the Chairman's si ature, draw a line through routin lines # 1 throw #2 com 1 to th h kl' d f
Route to Addressees (List in routing order)
e e c ec Est, an onward to
Office
the Coun Attorne
Initials
Office.
Date
1.
O�' l�
Initial
Applicable)
2.
6/11/13
Agenda Item Number <,
#16A5
3. County Attorney Office
County Attorney Office
f f
I w �) 113,
4. BCC Office
Board of County
Commissioners
Number of Original
2 originals -1 copy each
5. Minutes and Records
Clerk of Court's Office
Documents Attached
2
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 informatinn
Name of Primary Staff
Mary Valcante
Phone Number
252 -2503
Contact / Department
O�' l�
Initial
Applicable)
Agenda Date Item was
6/11/13
Agenda Item Number <,
#16A5
A roved b the BCC
Does the document need to be sent to another agency for additional signatures? If yes,
Y
Type of Document
Agreement
Number of Original
2 originals -1 copy each
Attached I
Original document has been signed/initialed for legal sufficiency. (All documents to be
Documents Attached
PO number or account
n/a
Y
number if document is
by the Office of the County Attorney.
to be recorded
All handwritten striilce- through and revisions have been initialed by the County Attorney's
n/a
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?
Y
2.
Does the document need to be sent to another agency for additional signatures? If yes,
Y
provide the Contact Information (Name; Agency; Address; Phone on an attached sheet.
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
Y
by the Office of the County Attorney.
4.
All handwritten striilce- through and revisions have been initialed by the County Attorney's
n/a
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
Y
document or the final negotiated contract date whichever is applicable.
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 SIRE.
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 your deadlines!
8.
The document was approved by the BCC on June 11, 2013 and all changes made
during the meeting have been incorporated in the attached document. The County
HK-
Attorne '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
Chairman's signature.
ature.
�C
� 1
• 16A 59
r
DEP AGREEMENT NO. MOA100
BETWEEN
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
AND
COLLIER COUNTY POLLUTION CONTROL AND PREVENTION DEPARTMENT
This AGREEMENT
ENVIRONMENTAL PROTE
DEPARTMENT OF
24GO, 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,
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: Ibis
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.
�s ►r0. ��Zbiilt D. Approvals: The DEPARTMENT's AGREEMENT Manager is Mr —ms, Monitoring
Section Administrator, telephone number 850/921 -9566. The COUNTY's AGREEMENT Manager —is
Mr. irector, telephone number 239/732 -2502. All matters dealing with this
�Rrcanoc,� �r�1
DEP Agreement No. MOA100, Page 1 of 2
• 16A 54
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
w
Frank Halas, Chairman
Date: ""1 ewi' Z00-I'
Attest:. Dvvilit;.Bc Clerk
By.
Dtuty Clet k`: �`'
tt 'it '41 o�t iram �
i�,�iritt� o-1
Approved As To o and Legal Sufficiency:
Assi t Co ty ttorney
FLORIDA DEPARTMENT OF
ENVIRONMEN R . TECITON
Director Sion ot Air Resource
ManaOfnent
Date (' 2 t __, 20
DEN Contract Manager
X-, A. ,4A
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
00wity. of Collier
CLERK OF THEj . CIR UIT COURT
Dwight E. Brock COLLIER COUTft Y C06RTHOUSE
Clerk of Courts 3315 TAMIAMI TRL E STE 102 ; P.O. BOX 413044
NAPLES, FLORIDA �'r� NAPLES, FLORIDA
34112 -5324 ;34101 -3044
June 17, 2013
16A 5/
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
Florida Department of Environmental Protection
Attn: Sandra Veazey, Chief Bureau of Air Monitoring (BAM)
Division of Air Resource Management
2600 Blair Stone Road, MS 5500
Tallahassee, Florida 32399 -2400
Re: Termination Agreement for DEP Agreement # MOA100
Operation of an Ozone Monitoring Station /Trailer at Laurel Oak
Elementary, Collier County School District, Naples, FL
Transmitted herewith is a one (1) originals of the above referenced documents, as
adopted by the Collier County Board of County Commissioners of Collier County,
Florida on Tuesday, June 11, 2013, during Regular Session.
Please forward a fully executed copy of the document for the Boards Official
Records.
Very truly yours,
DWIGHT E. BROCK, CLERK
Martha Vergara, Deputy Clerk
Enclosure
Phone- (239) 252 -2646 Fax- (239) 252 -2755 _
Website-.www.CollierCierk.com Email- CollierClerk�collierclerk.com
16A 5#
TERMINATION AGREEMENT
THIS AGREEMENT, as entered into on the I I -day of 11A n p
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: - ;'�"�f�
DWIG-'HT E:- ?,1� clerk
A
signature 64 ''
WITNESSES:
(1)
Signature
Printed/Typed Name
(2)
Signature
Printed/Typed Name
BOARD OF OUNTY COMMISSIONERS
OF COLI-XIfCOUNTY, FLORIDA
GEOI G'IA A. HILLER, ESQ., Chairwoman
STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
Signature
Printed/Typed Name
Printed/Typed Title
,CA
Approved as to form and
legal ufficiency:
He di As ton -Cicko
Managing Assistant County Attorney
13- ENS - 00486 \10
Page 2 of 2
16A
Approved as to form and legality:
DEP Attorney
5
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16A 5
ASSIGNMENT OF LICENSE AGREEMENT
WITH CONSENT OF SCHOOL DISTRICT
THIS ASSIGNMENT is made and entered into this I 1day of U ✓ik , 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:
I . Assignor does hereby assign to Assignee any and all right, title and interest it has
in the License Agreement.
Page 1 of 3
2-
16A 5 1
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 :,
ISIGHT,E: 1'i6 EK, Clerk
uty 1
Attest as ( El�a��n'6
signature only.
WITNESSES:
(1)
Signature
Printed/Typed Name
(2)
Signature
Printed/Typed Name
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
I,v-
�WJKIIFTF
ESQ., Chairwoman
FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
By:
Signature
Printed/Typed Name
Printed/Typed Title
Page 2 of 3
r.a
Approved as to form and
legal sufficiency:
eidi shton -Cicko
Managing Assistant County Attorney
13- ENS - 00486 \8
16A
Consented to this day of �G
2013
THE DISTRICT SCHOOL BOARD OF COLLIER
COUNTY, FLORIDA
By:
Si 4te
Printed/Typed Name
�� P V � ,n�.e.r1c�2✓t�
Printed/Typed Title
Page 3 of 3
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