Agenda 01/24/2012 Item #16C1n EXECUTIVE SU CKARY
1/24/2012 Item 166.C. I.
Recommendation to approve Amendment NO.1 to Agreement MOA100 ( #12-5842)
between Collier County and the Florida Department of Environmental Protection to
continue to conduct Ambient Air Monitoring in Collier County.
OBJECTIVE: Approve Amendment NO.1 to Florida. Department of Environmental Protection
(DEP) Agreement NO. MOA100 ( #12- 5842).
CONL1R&"T10NS: The Collier County Board of County Commissioners executed DEP
Agreement NO. MOA100 on January 29, 2007, to conduct Ambient Air Quality Monitoring of
Ozone (03) and Particulate Matter (less than 2.5 microns). Paragraph B of DEP Agreement No.
MOA100 states
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.
Amendment NO.1 extends the completion date of DEP Agreement NO. MOAN from January
29, 2012 (five years following its execution), for two additional years to January 29, 2014.
There are no changes or impacts to DEP Agreement NO. MOA100 other than extending the
completion date by two years. The DEP will continue to fund all costs for providing equipment
and utility services to conduct this program. The County will continue to make periodic site
visits, operate the air monitoring equipment, perform minor routine maintenance, and provide
Quality Assurance on the data by utilizing existing staff of the Pollution Control & Prevention
Department. Staff anticipates that the DEP will offer another agreement to continue
uninterrupted Ambient Air Quality Monitoring in Collier County prior to January 29, 2014. The
License Agreement with the District is on the agenda for consideration.
FISCAL D IPAC'T: This program is budgeted in Fund 114, Cost Center 178975.
LEGAL CONSIDERATIONS: This item is legally sufficient and requires a majority vote for
Board action. -JBW
GROWTH MANA0N&NT Uff ACCT: Implementation of this Agreement will allow the
continued monitoring of ambient air quality, which is consistent with the County's Growth
Management Plan Conservation and Coastal Management Element to satisfy the Objective and
Policy under Goal 8.
RECOMS-N-R AI N,: That the Board of County Commissioners execute Amendment NO.1
to Florida Department of Environmental Protection (DEP) Agreement NO. MOA100 ( #12- 5842)
and authorize the Chairman to execute same.
PREPAM 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.1.
1/24/2012 Item 16.C.1.
Item Summary: Recommendation to approve Amendment NO.1 to Agreement MOA100
( #12 -5842) between Collier County and the Florida Department of Environmental Protection to
continue to conduct Ambient Air Monitoring in Collier County.
Meeting Date: 1/24/2012
Prepared By
Name: Crystal Wray
Title: Administrative Secretary
12/15/20112:14:26 PM
Submitted by
Title: Project Manager, Senior,Pollution Control
Name: WardRob
12/15/20112:14:27 PM
Approved By
Name: HapkeMargie
Title: VALUE MISSING
Date: 12/28/20118:13:07 AM
Name: SmithRay
Title: Director - Pollution Control,Pollution Control
Date: 12/28/20118:55:06 AM
Name: LorenzWilliam
Title: Director - CDES Engineering Services,Comprehensive
Date: 12/28/20119:19:51 AM
Name: WidesTom
Title: Director - Operations Support - PUD,Utilities Fina
Date: 12/28/20113:33:18 PM
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1/24/2012 Item 16.C.1.
Name: ParkerNicole
Title: Contracts Specialist,Purchasing & General Services
Date: 12/28/20113:42:26 PM
Name: CarnellSteve
Title: Director - Purchasing /General Services,Purchasing
Date: 1/2/2012 9:18:32 AM
Name: WhiteJennifer
Title: Assistant County Attomey,County Attorney
Date: 1/3/2012 8:06:49 AM
Name: YihnazGeorge
Title: Director - Wastewater,Wastewater
Date: 1/10/2012 11:17:49 AM
Name: GreenwaldRandy
Title: Management/Budget Analyst,Office of Management & B
Date: 1/11/2012 1:13:22 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 1/11/2012 4:45:19 PM
Name: SheffieldMichael
Title: Manager - Business Operations, CMO
Date: 1/12/2012 4:48:13 PM
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1/24/2012 Item 16.C.1.
# 12 -5842
DEP AGREEMENT NO. MOA100
AMENDMENT NO. 1
THIS AGREEMENT as entered into on the 29'h 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
By:
*Title:
Date:
Approved as to Form and Legal Sufficiency:
Assistant ounty Attorney
STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
By:
Secretary or Designee
Date:
Grant Manager
Luz, -
DEP Contracts Administrator
Approved as to form and legality:
*For Agreements with governmental boards/commissions: If somawke other th)n the Chairman signs this
Amendment, a resolution, statement or other document authorizing that o sign the Amendment on behalf of
the Grantee must accompany the Amendment.
DEP Agreement No. MOA 100, Amendment No. 1, Page 1 of 1
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1/24/2012 Item 16.C.1.
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 Tarniami 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. n
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 durati on 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
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1/24/2012 Item 16.C.1.
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 WTINESS WHEREOF, the parties have caused this AGREEMENT to be duly executed, the day and
year last written below.
BOARD OF CIOUNTY COMMISSIONERS
COLLIER CO UN ORIDA
Frank Halas, Chairman
Date: �OOi'
Attest:'- Dv"lit6C1 Clerk
By: ' X..
Dkiq Clerk ` S; •,
ram �Ftt�s t
s
Approved As To o I and Legal Sufficiency:
IJA
l
t
Asst t CoantyKtiorney
FLORIDA DEPARTMENT OF
ENVIRONME R TECTION
L/ `
�n
-
Director 'sion o Air Resource
Manag ent
, ez A & 4 4 A 1— 4
DEP Contract Administrator
roved 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
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•
1/24/2012 Item 16.C.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 one trailer for one ozone monitor and one PM2 s 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 PM15 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.s 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.s and
ozone monitors.
• 8. Conduct flow certifications on the PM2,s sampler, annual comparison of the ozone primary calibration
standard, performance audits on both the PM2.s 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.
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 PM23 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 PMZ.s Ambient Air Monitoring Program (QAP -002), and the applicable standard operating
procedures.
4. Review and certify the ozone and PMz s data to meet the DEPARTMNT - specified time lines. Ozone and
• PM2.s 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 i of 2
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A
1/24/2012 Item 16.C.1.
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 PMM and ozone monitors.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. MOA100, Attachment A, Page 2 of 2
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