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Backup Documents 01/24/2012 Item #16C 2ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 6 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document Original documents should be hand delivercd io the Board Of(icc. The completed routing slip and original documents are to be forwarded to the Board Oflice onk after the Board has taken action ou tyre itcm.) ROUTING SLIP Complete routing lines #I through #4 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 #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressees) (List in routing order) Office Initials Date 1. appropriat e. (Initial) Applicable) 2. January 24, 2012 Agenda Item Number 16c2 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. License Agreement Number of Original 2 5. Ian Mitchell, Supervisor Board of County Commissioners Documents Attached zt� It 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. 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, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Ray Smith Phone Number 252 -2502 Contact appropriat e. (Initial) Applicable) Agenda Date Item was January 24, 2012 Agenda Item Number 16c2 Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document License Agreement Number of Original 2 Attached I Documents Attached INSTRUCTIONS & CHECKLIST al I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriat e. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be Cw signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's Cw Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the Cw document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's Cw signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip NA should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval. 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! 6. The document was approved by the BCC on (1/24/12) and all changes made during Cw the meeting have been incorporated In the attached document. The County Attorney's Office has reviewed the changes, if applicable. al I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 16Cz MEMORANDUM Date: January 26, 2012 To: Ray Smith, Director Pollution Control & Prevention From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: License Agreement #12 -5841 Attached is one copy and one original (Agenda Item #16C2) referenced above, approved by the Board of County Commissioners January 24, 2012. An original is being kept in the Minutes & Records Department as part of the Board's Official Records. If you have any questions, please call me at 252 -8411. Thank you. Attachments (2) 16� # ''Xgre 1 License Agreement (Ozone Trailer at Laurel Oak Elementary) This License Agreement ( "Agreement "), entered into this 24th day of January , 2012 , 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. MOA100 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 16C2 0 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 16C2 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 16C2 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 - Assignability: 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 16C2 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 limitation, 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 16 Cp 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 16C2 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: i lZ o Z ATTEST: DWIGHT E. BROCK, Clerk t �w Clerk �# esj As to C�pfr�� � o .nature Ott M f Approver; as to *,. om and legal sufficiency: Assistant County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY lul-k ui, - Fred Coyle, Chair. [DISTRICT SIGNATURE PAGE TO FOLLOW] License Agreement - Ozone Trailer at LOE Page 7 16C2 AS TO DISTRICT: DATED:-/?- -/3 /0' � , /9 `/ // • THE DISTRICT SCHOOL BOARD OF Witness (Signature) COLLIER COUNTY, FLORIDA Name:J D JA (Print or Type) By:- -- y . Terry, Chat Jan Witness (Signature) Name: r j Attest: (Print or Type) Dr. Kamela Pat on, Superintendent Approved as to form and legal sufficiency 1, J n Fishbane rict General Counsel License Agreement - Ozone Trailer at LOE Page 8 03/11/2003 TUE 12:42 FAX 9414366461 ]EXHIBIT A 16 C 2 E 16 Al AGREEMENT FOR OZONE TRAILER AT LAUREL OAK ELEMENTARY THIS AGREEMENT, made and entered into this 10 day aP August, 2000 by and between the DISTRICT SCHOOL BOARD OF COLLIER COUNTY, FLORIDA (the "SCHOOL BOARD°), located at 3710 Estey Avenue in Naples, Florida 34104 and COLLIER COUNTY (the "COUNTY ") having an address at 3301 East Tamiami Trail, Building H, Third Floor, Naples, Florida 34104. 4 WITNFSSEM.- WHEREAS, the SCHOOL BOARD is a public body charged with the responsibility of providing educational resources to students of the county; and WHEREAS, the COUNTY is a governmental agency charged with placing an ozone monitoring unit in Collier County as directed by the State of Florida; and WHEREAS, the COUNTY desires to place an 8' X 20' trailer at Laurel Oak Elementary to monitor the ozone levels throughout the county; and WHEREAS, the SCHOOL BOARD and the COUNTY desires to have an amicable relationship in servicing the citizens of Collier County, Florida; and WHEREAS, the COUNTY shall provide the SCHOOL BOARD with copies of 211 specifications for the trailer installation; and NOW, THEREFORE, Me parties agree as follows: I. The SCHOOL BOARD agrees to allow the COUNTY to place an S' 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 Laurel Oak Elementary to monitor ozone levels in the county. 3, The COUNTY shall pay for all costs associated with installing, maintaining, and removing the aforementioned trailer. 4. The COUNTY shall comply with all applicable building codes as established by the State Requirement for Educational Facilities (SREF). 5. The COUNTY shall maintain appropriate liability insurance and the SCHOOL BOARD shall be listed as an additional insured. Also, to the greatest extent allowed by law, the COUNTY shall hold the SCHOOL BOARD harrniess against all claims associated With this Agreement, including direct and/ or indirect economic and/ or consequential losses. 6. The SCHOOL BOARD, its employees, contractors and subcontractors shall not be subject to any required inspection or re- inspection of the trailer while located at Laurel Oak Elementary. 03/11/2003 TUB 12:42 FAX 9414366469 RISK NNGMNT I 1 0006 2 0 4 7. The SCHOOL BOARD will allow the COUNTY employees and representatives reasonable access to We site. The COUNTY shall provide an estimated schedule to the SCHOOL BOARD of when access is rewired to the trailer. 8. This agreement will expire in five (5) years and will need to be renewed by each agency- 9. The COUNTY shall install an 8 foot high chain link fence around the perimeter of the trailer and will secure its gate. 10. The COUNTY shall be responsible for the expense in restoring the site to its present condition'when the trailer is removed in the future. 11, The COUNTY shall provide the Principal of Laurel Oak Elementary with a spare key in case of an emergency at the site. 12. This agreement may be terminated without cause by either party upon sixty (60) calendar days written notice to the other party. 13. This agreement 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 will cooperate concerning any educational benefits for Collier County Public School students that can be derived from the presence of the ozone monitoring system on SCHOOL BOARD property. 16. This agreement may not be changed orally, is the entire agreement of the parties, will be interpreted under Florida law and may not be assigned. IN WITNESS'6MMOF, the parties hereto have caused this Agreemmnt to be executed by their appropriate officials, as of the date first above written. DISTRICT SCHOOL BOARD OF COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS COLLIER C RIDA SUP NDENT OF SCHOOLS ` r DR. DAN W. WHITE TIMOUfY T. CO NT Attest as to Chairman -$ ATTEST: ~` ` SCHOOL BO C1iAIR signature only. DWIGHT E. B" Dept d BARBARA I. T Approved as to orm & to �� f 911 auitiuiuw:.