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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 �' A 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 5