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Backup Documents 11/14/2017 Item #16D12 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TOA �j D1 2 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIG RY 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. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s)(List in routing order) Office Initials Date 1. 2. • 3. County Attorney Office County Attorney Office \�" \ ` 4. BCC Office Board of County Commissioners 6i t�\C\ Clerk of Court's Office `J r- 1 (t 1 . n ' 5. Minutes and Records port..‘ PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Michelle Arnold essie Sillery Phone Number 252-5841/252-5840 Contact/ Department PINE Division d ATM Dept) Agenda Date Item was 11-14-2017 Agenda Item Number 16 D 12(3993) Approved by the BCC Type of Document Delnor Wiggins Agreement Number of Original `� Attached Documents Attached 3 e i r•O x5 PO number or account / \ number if document is to h be recorded Also please email a copy to michellearnold@colliergov.net & tessiesillery@colliergov.net Special instructions-please Send Michelle Arnold-PTNE (two original Agreements) INSTRUCTIONS&CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whic r- =--.•••••:• •'nate. Yes N/A(Not (Initial) Applicable) 1. Does the document require the chairman's original signature? r� p '��,t, lc.r 2. Does the document need to be sent to another agency for addition. 'L natur-`? 'yes,provide Ett. k car \ the Contact Information(Name;Agency;Address;Phone)on an attached sheet. L.\aa 5,N4.,, 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by MEA the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's Office idEztc and all other parties except the BCC Chairman and the Clerk to the Board nel4—_, 5. The Chairman's signature line date has been entered as the date of BCC approval of the document MEA 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 MEA and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip MEA 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 11-14-2017 and all changes made during the i a 1e,... N/A is not an meeting have been incorporated in the attached document. The County Attorney's Office option for has reviewed the changes,if applicable. - Os line. 9. Initials of attorney verifying that the attached document is the version approved by the BCC, . 1 r ""\� /Ais not an changes directed by the BCC have been made,and the document is ready for the Chairman's option for signature. ,:a this line. I:Fomes/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 16012 MEMORANDUM Date: November 15, 2017 To: Michelle Arnold, Division Director Public Transit Neighborhood Enhancement From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Agreement with the State Department of Environmental Protection (DEP) Division of Recreation and Parks to provide transit service into Delnor-Wiggins State Park Attached, please two original copies of the agreement referenced above, (Item #16D12) approved by the Board of County Commissioners on November 14, 2017. After further signature, if you would be so kind as to e-mail a copy of the fully executed agreement to the Minutes and Records Department, we will have a complete document for the Board's Official Record. Thank you. If you have any questions, please feel free to call me at 252-8406. Thank you Attachments 16012 Rick Scott ds DEPatf�e Florida Department of Governor k` '� Environmental Protectiono Carlos Lopez-Canters Lt. Governor District 4 Administration © 1843 South Tamiami Trail 1. �� m „ ,���� Noah Valenstein :o� � e� Osprey, FL 34229 Secretary *ienta► 9' October 16, 2017 Michelle Edwards Arnold, Collier Counties Public Transit Director Public Transit & Neighborhood Enhancement 3299 Tamiami Trail East, Suite 103 Naples, Florida 34112 Re: Delnor-Wiggins Pass State Park Limited Period Day-Use Admission Fee Waiver/Reimbursement Agreement Dear Ms. Arnold: We understand that Collier County (the "County") desires to offer its visitors and residents opportunities to utilize Delnor-Wiggins Pass State Park (the "Park") under an admission fee waiver arrangement with the Florida Department of Environmental Protection, Division of Recreation and Parks (the "Division"). The Division desires to increase public awareness of outdoor recreation opportunities within the Park and to increase visitation to the Park. As set forth in this Fee Waiver Agreement ("Agreement"), the Division will waive the customary day-use admission fees charged to visitors who enter the Park during the Term of this Agreement (as such Term is hereinafter defined). In exchange therefore, the County will promptly reimburse the Park the day-use admission fees waived, as tallied in periodic sales reports delivered by the Park to the County. The County expects this arrangement to free residents and guests from having to obtain prepaid entrance passes to the Park, stimulate tourism by attracting visitors to the Park for outdoor recreation opportunities, and otherwise support the Collier County Tourist Development Plan. The Division expects this arrangement to support the Division's goal of promoting resource-based public recreational activities within the Park. The County has designated the Collier County Public Transit& Neighborhood Enhancement Division ("PTNE") to act as its agent for purposes of administering the fee waiver/reimbursement program described herein (the "program"), and the Director of the PTNE shall have the authority to do all acts necessary or deemed desirable by the County or the PTNE to effectuate and perform the conditions of this Agreement. Now therefore, with reference to the foregoing, the accuracy of which is confirmed by the parties, the County and the Division mutually agree as follows: 0 16012 2 1. Term/Division Control,The term of this Agreement shall commence on but not sooner than November 24, 2017 and end on April 30, 2018 (the "Term"), subject to suspension or termination as hereinafter set forth. The use of the Park by any and all visitors under this program remains subject to all Park rules and regulations. Nothing in this Agreement shall require the Division to open or operate the Park in any manner contrary to the Division's Operations Manual and Park policies. The Division shall at all times be the sole authority over Park access and activities conducted within the Park by the visiting public. For example, the Park or portions thereof may be closed or limited as the Division deems desirable to respond to disaster or emergency situations, provide visitor and employee safety, resource protection, operational efficiency and facility maintenance. 2. Entrance Fee Waiver,The Park's regular day-use admission fees are currently $6.00 per vehicle with up to eight people, $4.00 for a single driver, and $2.00 for bikes and pedestrians. Such fees may be changed from time to time by Division management. During the Term, and subject to all conditions of this Agreement, the Division agrees to waive such day-use admission fees for visitors who enter the Park at the designated entrance area located on Gulfshore Drive. The County agrees to reimburse and timely pay the Park such waived fees pursuant to sales reports delivered to the County as set forth in Paragraph 7 below. 3. Limitation on Type of Fees Waived and Reimbursed. The fee waiver subject to this Agreement is limited to the regular day-use admission fee(s) set forth in Paragraph 2 that the Park customarily charges a visitor for admission to the Park. Rule 62D-2.014(2)(b) of the Florida Administrative Code and the Division's Operations Manual require the Division to waive admission fees for certain representatives and individuals, school groups, Division employees, etc. Those fee waivers are outside the scope of this Agreement and are not subject to reimbursement from the County. Also, if the Division elects to waive customary fees to Park visitors arising from the Park's scheduling of special programs or events, the same are outside the scope of this Agreement and are not subject to reimbursement from the County. 4. Other Usage Fees Shall Aooly, It is not intended, and the Division shall not be obligated to waive, any Park usage fees customarily charged to the public. For example, fees related to the use of Park improvements and amenities, including but not limited to camp site fees, cabin fees, hook-up fees, the cost of concessions, equipment rental,and the like, are outside the scope of this Agreement and the Division may continue to charge and collect such usage fees from any and all Park visitors. 5. Fundina Appropriation/Maximum Cumulative Fee Waivers/Suspension,The County agrees to appropriate the necessary funding for the program and to promptly pay and reimburse the Park the waived fees as required by Paragraph 7 of this Agreement. In the event the County has not appropriated the necessary funds to repay outstanding fees, funding is exhausted or otherwise insufficient to pay the outstanding fees and pending charges, the parties agree that this program will be temporarily suspended until the County appropriates the necessary funding. The County shall notify the Park and the public of: (a) the temporary suspension of this program until the County appropriates the necessary funding, as well as (b) any termination of the program prior to the stated expiration of the Term. Reinstatement of the program for the remainder of the Term shall be subject to the County's payment of all outstanding fees, and such payment together Page 2 of 5 0 1 601 2 with future day-use admission fee waivers during the remainder of the Term may not exceed the limit of the County's new appropriation. 6. Egg,The PTNE agrees that as consideration for the privilege of operating transit service to the Park under this Agreement, the PTNE shall pay the Department a fee of$2.00 per passenger, State and County Taxes inclusive 7. Reconciliation. On a monthly basis, the PTNE agrees to pay the Department an amount equal to the per passenger fees incurred for the preceding month. Payment shall be submitted no later than the 20th day of each month and be accompanied by a report of sales. The report of sales shall, at minimum, include the number of passengers transported to the Park per day. 8. PTNE Marketing,The PTNE will market this program to the public through advertisements placed in publications as it deems appropriate, such advertisements shall be subject to the Park Manger's pre-approval and must specify the Term. Such marketing and advertising shall be updated coincident with any changes to the program and for the Term. A main purpose of the advertisement(s) shall be the attraction of tourists to the Park. 9. Agreement Managers. The Division hereby designates the Park Manager as the Division's agreement manager, who shall be responsible for insuring performance of the terms and conditions of this Agreement. The County hereby designates the Director of the Collier County Public Transit & Neighborhood Enhancement Division as the County's Agreement manager, who shall be responsible for insuring performance of the terms and conditions of this Agreement. 10. Notice Addresses, Invoices, sales reports, payments, and notices shall be delivered via U.S. Mail to the parties at the following addresses: If to the County: If to the Division: Michelle Edwards Arnold, Director Zachary J. Lozano, Park Manager Collier County Public Transit & Delnor-Wiggins Pass State Park Neighborhood Enhancement Division 3299 Tamiami Trail East, Suite 103 11135 Gulfshore Drive Naples, Florida 34112 Naples, Florida 34108 11. Public Records, Pursuant to the Florida Statutes, all documents, papers, letters or other material in conjunction with this Agreement shall be public record and treated in the same manner as other public records under general law, and such records may be audited by the State of Florida Attorney General. The Division may unilaterally terminate this Agreement upon the County's refusal to allow public access to all documents, papers, letters or other material which is subject to disclosure under Chapter 119, Florida Statutes, and made or received by the County in conjunction with this Agreement. 12. Termination,Any party seeking to terminate this Agreement must deliverwritten notice to the other party at the address set forth in Paragraph 10 above. a. Termination for Convenience, Either party may terminate this Agreement for convenience, and without cause, upon delivery of sixty (60)days Page 3 of 5 0 1601 ?2 advance written notice. If the County terminates this Agreement for convenience, the County shall pay any and all outstanding invoices in full on or before the last day of such 60-day period. The Division will thereafter proceed to prepare and deliver a final invoice to the County for reimbursement of all outstanding day use fees waived under this program. The County shall pay such invoice within thirty (30) days of receipt. b. Termination for Cause, Should the County breach or fail to comply with any obligation arising under this Agreement, the Division, at its option, may elect to terminate this Agreement by delivering three days advance written notice to the County. The Division will thereafter proceed to prepare and deliver a final invoice to the County for reimbursement of all outstanding day use fees waived under this program. The County shall pay such invoice within thirty (30) days of receipt. 13. Sovereign Immunity. Neither party is waiving the protections and benefits of the doctrine of sovereign immunity. 14. Non-Waiver,The delay of either party in enforcing a right arising under this Agreement shall not constitute a waiver of such right. 15. Complete Aareement,This letter agreement contains the complete agreement of the parties regarding the subject matter hereof and all prior communications,whether written or verbal, are fully integrated into the terms contained herein. THE REMAINDER OF THIS PAGE HAS INTENTIONALLY BEEN LEFT BLANK Page 4 of 5 1 6 0 1 2 By affixing signatures below, both parties confirm their mutual understanding and agreement to the program as described in this letter agreement, and each party has caused this Agreement to be duly executed by an authorized representative on the day and year last written below. FLORIDA DEPARTMENT OF COLLIER COUNTY BOARD OF COUNTY ENVIRONMENTAL PROTECTION COMMISSIONERS DIVISION OF RECREATION AND PARKS By: By: Print Name: Print Name. L` 'c .. . eV Title: Title: C' vrA--,-.0,- Date: Date: \k`t A\v-t Approved as to form and legality: ATTEST: By: ,� .zerL Gltia./ By: Id- I Q . Print Name: SharorMyskiel Print Name: , ei.LL • Title: Assistant General Counsel Title: ... Date:10/16/2017 Date: ttest'astoChairman's signature orIl if a -- Approved II) and legality PP .` ' g Y • Jeffrey A. Klatzk w, ounty Attorney Item# Agenda \,,,.v .AQ Date Date `vA,4-r1 Ree'd Page 5 of 5 Deputy Clerk L T OZ/17/Z T Jung.auieiglutad//ua/iunty2uiddius/uzOa•xapainnnnnn//:sdug C3 aping aoinues x3Pa3;uaJJno eas'spun'awl;pu;s uiy;Inn pang aq;snw swiep uauuM due;pue aping aowas ay;in ylio;;as*gel'Jo suoi;e;iwiI a;eJedas o;pafgns aye anIen tieuipjoei;xa;o swell ssoi pa;uawnoop lenpe paaoxa;ouueo tianooaa sea;s,(awoue JO awooui;saia;ui'ales Jo ssoi'96e)loed ay;Jo anIen olsuu;ul ay;o;ssol'plaid Jo ssol'uoge;iwll;noy;Inn'6uipnpui'sa6ewep lel;uanbasuoo Jo'fie;uapiow'ieioads Aue Jo;age!'aq punag x3Pa3 Heys wane ou IA (ldde yue;algeoudde pue aping ao!Mas x3paj;uaJJno ay;ul puno;aq ueo'kluge!'mo uo suoi;e;iwH 6uipnpul'suoi;e;iwl1 wiep Alawg e au;pue ssol len;oe ono(;uawnoop'e6Jego leuoi;IPpe ue Red'anlen Jay6i1/e aiepap noA ssaiun'uogewJo;wsiw Jo'tianHapsiw 'tiamiap-uou'Aelap'a6ewep'ssoi;o;insaJ ay;Jay;ayM'e6ered Jad po l.$;o ssaoxa in wiep Aue Jo;anisuodseJ aq lou Him x3Pa3 ;senbeJ uodn algeliene'yue;eIgeolidde pue aping aoln.Jas x3Pa3;ueuno ay;LB suol;ipuoo 3OVU9s ay;o;;ueweeJ6e mnoA sa;n;gsuoo wa;sAs sly;lo esn •pannbeJ;ou sl;sa;luew ay;'uogeool go dap x3Pa3 e ;e go se6eNoed mnoA 6ulddap ale noA;I •punoio x3pad i(q do pallold 6ulaq aye Aay;;i sa6eNoed moi(y;IM 6uole paiapua;eq o;pa.nnbai sl;sa;luew paHuud y smeedde ley;;sa;luew dnilold ay;;uud'paminbaa;l uogng eso10 Aea jo pug punoag ay;uo Nolp'os op oi x3pa3 01 e;ep 6ulddlys JnoA;lwsueJ;01 amnpeoad aso10 Aea;o pu3 punag x3Pa3 ay;wmoped pinoys noA'Aep 6ulddlys pea lo pue eta iv :1S3JINVW V 1NRa Id Md Viva ONIddIHS LIfOA 111AISN`di1:1NV12:I0d1AlI :6uluJe/N pauueos pue peal eq ueo'Nei ay;;o uoluod epooieq ay;;eq;os;uewdlys mnoA o;;I xLije pue qonod 6ulddlys LA law aoeld c .eull ie;uozuoq an 6uole abed pa;ulid ay;plod .Z Ja;uud;ablui JO easel moi(()liege'mnoA;uud o;abed sly;uo uo;;nq,juud,ay;esti I. :loge!sly;6ul;u!Jd Jelly 01701017N/If'6 ANOCI6ou Izt!r co, N N.- = i0 ,r," o 0 v. Cs, M CA MZ ti �N r Oma.N 00to W ~ "I- 1-1-17°,43‘- 0 j8 C1 Q('op Z CO a ppMCI)J ti J SUa0 C ti fn QUA CO O O INIMM aO Lu CD ��W CO 11111111. 1 C co O N 0 0 co •o o _-E 0 o com co co E o m cm o W a� o, Z--N- - Q•m _ - to 1.72 coZ To N c 51- a 1206 H r M ti csi a-e M 4 JLI- O pp CO Cy 100 u W en1 M2 al 11 1-§1-, LL. co ti Nao ( et w m J "� mv� g: a o z f aIc.ea =R Ren g en to U-7.13.- i-D O EMIIIIII . I- I- 1 - I- j JO j 32Ld , 1 6 0 1 2 Rick Scott 1Baa Departs@ Florida Department of Governor �o '� Environmental Protection o Carlos Lopez-Canters Lt. Governor District 4 Administration 1843 South Tamiami Trail Noah Valenstein ;o 0.6 Osprey, FL 34229 Secretary �ehtal Pt October 16, 2017 Michelle Edwards Arnold, Collier Counties Public Transit Director Public Transit & Neighborhood Enhancement 3299 Tamiami Trail East, Suite 103 Naples, Florida 34112 Re: Delnor-Wiggins Pass State Park Limited Period Day-Use Admission Fee Waiver/Reimbursement Agreement Dear Ms. Arnold: We understand that Collier County (the "County") desires to offer its visitors and residents opportunities to utilize Delnor-Wiggins Pass State Park (the "Park") under an admission fee waiver arrangement with the Florida Department of Environmental Protection, Division of Recreation and Parks (the "Division"). The Division desires to increase public awareness of outdoor recreation opportunities within the Park and to increase visitation to the Park. As set forth in this Fee Waiver Agreement ("Agreement"), the Division will waive the customary day-use admission fees charged to visitors who enter the Park during the Term of this Agreement (as such Term is hereinafter defined). In exchange therefore, the County will promptly reimburse the Park the day-use admission fees waived, as tallied in periodic sales reports delivered by the Park to the County. The County expects this arrangement to free residents and guests from having to obtain prepaid entrance passes to the Park, stimulate tourism by attracting visitors to the Park for outdoor recreation opportunities, and otherwise support the Collier County Tourist Development Plan. The Division expects this arrangement to support the Division's goal of promoting resource-based public recreational activities within the Park. The County has designated the Collier County Public Transit& Neighborhood • Enhancement Division ("PTNE") to act as its agent for purposes of administering the fee waiver/reimbursement program described herein (the "program"), and the Director of the PTNE shall have the authority to do all acts necessary or deemed desirable by the County or the PTNE to effectuate and perform the conditions of this Agreement. Now therefore, with reference to the foregoing, the accuracy of which is confirmed by the parties, the County and the Division mutually agree as follows: 0 16012 1. Term/Division Control,The term of this Agreement shall commence on but not sooner than November 24, 2017 and end on April 30, 2018 (the "Term"), subject to suspension or termination as hereinafter set forth. The use of the Park by any and all visitors under this program remains subject to all Park rules and regulations. Nothing in this Agreement shall require the Division to open or operate the Park in any manner contrary to the Division's Operations Manual and Park policies. The Division shall at all times be the sole authority over Park access and activities conducted within the Park by the visiting public. For example, the Park or portions thereof may be closed or limited as the Division deems desirable to respond to disaster or emergency situations, provide visitor and employee safety, resource protection, operational efficiency and facility maintenance. 2. Entrance Fee Waiver,The Park's regular day-use admission fees are currently $6.00 per vehicle with up to eight people, $4.00 for a single driver, and $2.00 for bikes and pedestrians. Such fees may be changed from time to time by Division management. During the Term, and subject to all conditions of this Agreement, the Division agrees to waive such day-use admission fees for visitors who enter the Park at the designated entrance area located on Gulfshore Drive. The County agrees to reimburse and timely pay the Park such waived fees pursuant to sales reports delivered to the County as set forth in Paragraph 7 below. 3. Limitation on Tvae of Fees Waived and Reimbursed. The fee waiver subject to this Agreement is limited to the regular day-use admission fee(s) set forth in Paragraph 2 that the Park customarily charges a visitor for admission to the Park. Rule 62D-2.014(2)(b) of the Florida Administrative Code and the Division's Operations Manual require the Division to waive admission fees for certain representatives and individuals, school groups, Division employees, etc. Those fee waivers are outside the scope of this Agreement and are not subject to reimbursement from the County. Also, if the Division elects to waive customary fees to Park visitors arising from the Park's scheduling of special programs or events, the same are outside the scope of this Agreement and are not subject to reimbursement from the County. 4. Other Usage Fees Shall Apply. It is not intended, and the Division shall not be obligated to waive, any Park usage fees customarily charged to the public. For example, fees related to the use of Park improvements and amenities, including but not limited to camp site fees, cabin fees, hook-up fees, the cost of concessions, equipment rental,and the like, are outside the scope of this Agreement and the Division may continue to charge and collect such usage fees from any and all Park visitors. 5. Fundina Appropriation/Maximum Cumulative Fee Waivers/Suspension. The County agrees to appropriate the necessary funding for the program and to promptly pay and reimburse the Park the waived fees as required by Paragraph 7 of this Agreement. In the event the County has not appropriated the necessary funds to repay outstanding fees, funding is exhausted or otherwise insufficient to pay the outstanding fees and pending charges, the parties agree that this program will be temporarily suspended until the County appropriates the necessary funding. The County shall notify the Park and the public of: (a) the temporary suspension of this program until the County appropriates the necessary funding, as well as (b) any termination of the program prior to the stated expiration of the Term. Reinstatement of the program for the remainder of the Term shall be subject to the County's payment of all outstanding fees, and such payment together Page 2 of 5 S 16012 with future day-use admission fee waivers during the remainder of the Term may not exceed the limit of the County's new appropriation. 6. Egg.,The PTNE agrees that as consideration for the privilege of operating transit service to the Park under this Agreement, the PTNE shall pay the Department a fee of$2.00 per passenger, State and County Taxes inclusive 7. Reconciliation, On a monthly basis, the PTNE agrees to pay the Department an amount equal to the per passenger fees incurred for the preceding month. Payment shall be submitted no later than the 20th day of each month and be accompanied by a report of sales. The report of sales shall, at minimum, include the number of passengers transported to the Park per day. 8. PTNE Marketing,The PTNE will market this program to the public through advertisements placed in publications as it deems appropriate, such advertisements shall be subject to the Park Manger's pre-approval and must specify the Term. Such marketing and advertising shall be updated coincident with any changes to the program and for the Term. A main purpose of the advertisement(s) shall be the attraction of tourists to the Park. 9. Agreement Managers,The Division hereby designates the Park Manager as the Division's agreement manager, who shall be responsible for insuring performance of the terms and conditions of this Agreement. The County hereby designates the Director of the Collier County Public Transit & Neighborhood Enhancement Division as the County's Agreement manager, who shall be responsible for insuring performance of the terms and conditions of this Agreement. 10. Notice Addresses. Invoices, sales reports, payments, and notices shall be delivered via U.S. Mail to the parties at the following addresses: If to the County: If to the Division: Michelle Edwards Arnold, Director Zachary J. Lozano, Park Manager Collier County Public Transit & Delnor-Wiggins Pass State Park Neighborhood Enhancement Division 3299 Tamiami Trail East, Suite 103 11135 Gulfshore Drive Naples, Florida 34112 Naples, Florida 34108 11. Public Records. Pursuant to the Florida Statutes, all documents, papers, letters or other material in conjunction with this Agreement shall be public record and treated in the same manner as other public records under general law, and such records may be audited by the State of Florida Attorney General. The Division may unilaterally terminate this Agreement upon the County's refusal to allow public access to all documents, papers, letters or other material which is subject to disclosure under Chapter 119, Florida Statutes, and made or received by the County in conjunction with this Agreement. 12. Termination. Any party seeking to terminate this Agreement must deliver written notice to the other party at the address set forth in Paragraph 10 above. a. Termination for Convenience. Either party may terminate this Agreement for convenience, and without cause, upon delivery of sixty (60)days Page 3 of 5 0 161. 12 advance written notice. If the County terminates this Agreement for convenience, the County shall pay any and all outstanding invoices in full on or before the last day of such 60-day period. The Division will thereafter proceed to prepare and deliver a final invoice to the County for reimbursement of all outstanding day use fees waived under this program. The County shall pay such invoice within thirty (30) days of receipt. b. Termination for Cause. Should the County breach or fail to comply with any obligation arising under this Agreement, the Division, at its option, may elect to terminate this Agreement by delivering three days advance written notice to the County. The Division will thereafter proceed to prepare and deliver a final invoice to the County for reimbursement of all outstanding day use fees waived under this program. The County shall pay such invoice within thirty (30) days of receipt. 13. Sovereign Immunity Neither party is waiving the protections and benefits of the doctrine of sovereign immunity. 14. Non-Waiver,The delay of either party in enforcing a right arising under this Agreement shall not constitute a waiver of such right. 15. Complete Agreement. This letter agreement contains the complete agreement of the parties regarding the subject matter hereof and all prior communications,whether written or verbal, are fully integrated into the terms contained herein. THE REMAINDER OF THIS PAGE HAS INTENTIONALLY BEEN LEFT BLANK Page 4 of 5 0 1 6 0 1 2 By affixing signatures below, both parties confirm their mutual understanding and agreement to the program as described in this letter agreement, and each party has caused this Agreement to be duly executed by an authorized representative on the day and year last written below. FLORIDA DEPARTMENT OF COLLIER COUNTY BOARD OF COUNTY ENVIRONMENTAL PROTECTION COMMISSIONERS DIVISION OF RECREATION AND PARKS By "c�`,..s, vim' ', . _�.)L �.-J , _� , By: Print Name:A v-A v Y,k«` >, , �) Print Name`_ �`-7=3.5-\_ Title:Y -, c ,- c-, `_ C \ Title: C'\r-o�.\ � r- ,-� x s , Date: 1.-)-\ NT---) i E" 7 Date: A'\y--\\\- i Approved as to form and legality: ATTEST: By: c 'ke.. t.6rL (}) By: A I i it. 1/ .*Ae, - Print Name: Sharo Wyskiel Print Namt itinfl e: Title: Assistant General Counsel Title: bCP C 4!{v_ Date:10/16/2017 Date: t }-15-a)11 ' i Appr• d o form and legality L Jeffrey A. lat w,County Attorney Page 5 of 5 0