Agenda 05/28/2019 Item #16G 1 (Terracon Site Access Agreement)05/28/2019
EXECUTIVE SUMMARY
Recommendation to approve the attached Access Agreement to grant Terracon Consultants, Inc.,
access to the Immokalee Regional Airport to perform a Phase I Environmental Site Assessment
under the US Environmental Protection Agency (EPA) Brownfields Assessment Grant Program.
OBJECTIVE: To grant Terracon Consultants, Inc. access to the Immokalee Regional Airport (IMM) to
perform an environment site assessment.
CONSIDERATIONS: On December 13, 2016, Agenda Item 16G3, the Collier County Board of County
Commissioners (Board) approved a Resolution & MOU between the Board & the Southwest Florida
Regional Planning Regional Council (RPC) to form a Brownfield Assessment Coalition to apply for grant
funds form the Environmental Protection Agency (EPA).
The RPC has been awarded a Brownfield Assessment grant to perform a Phase I Environmental
Assessment of sites that may be contaminated by hazardous substances, and IMM has been identified as a
priority site.
Terracon Consultants, Inc. has been selected to perform the Phase I Site Assessments. Because Terracon
is not a registered vendor with Collier County, the attached Access Agreement is required before
Terracon can begin an assessment of IMM.
FISCAL IMPACT: There is no fiscal impact associated with this Executive Summary.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with the
Executive Summary.
LEGAL CONSIDERATIONS: This item is approved for form and legality and requires a majority vote
for Board action. - JAB
RECOMMENDATION: To approve and authorize the Chairman to sign the attached Access
Agreement to grant Terracon Consultants, Inc. access to the Immokalee Regional Airport to conduct an
environmental site assessment.
Prepared by: Justin Lobb, Airports Manager, Airport Authority
ATTACHMENT(S)
1. Terracon Site Access Agreement (PDF)
2. Resolution 2016-272 (12.13.16) (PDF)
3. MOU 12.13.16 (PDF)
16.G.1
Packet Pg. 1312
05/28/2019
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.G.1
Doc ID: 8738
Item Summary: Recommendation to approve the attached Access Agreement to grant Terracon
Consultants, Inc., access to the Immokalee Regional Airport to perform a Phase I Environmental Site
Assessment under the US Environmental Protection Agency (EPA) Brownfields Assessment Grant
Program.
Meeting Date: 05/28/2019
Prepared by:
Title: Operations Coordinator – Airport Authority
Name: Debra Brueggeman
04/23/2019 4:36 PM
Submitted by:
Title: Division Director - Operations Support – Growth Management Department
Name: Gene Shue
04/23/2019 4:36 PM
Approved By:
Review:
Growth Management Department Christine Arnold Level 1 Reviewer Completed 04/24/2019 8:32 AM
Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 04/24/2019 8:46 AM
Growth Management Department Gene Shue Additional Reviewer Completed 04/24/2019 5:25 PM
Airport Authority Justin Lobb Additional Reviewer Completed 05/02/2019 2:56 PM
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 04/29/2019 11:08 AM
Growth Management Department Thaddeus Cohen Department Head Review Completed 04/30/2019 11:08 AM
Growth Management Department Jeanne Marcella Deputy Department Head Review Skipped 05/01/2019 2:18 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 05/02/2019 8:24 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 05/02/2019 9:03 AM
Budget and Management Office Ed Finn Additional Reviewer Completed 05/06/2019 9:09 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 05/19/2019 8:48 AM
Board of County Commissioners MaryJo Brock Meeting Pending 05/28/2019 9:00 AM
16.G.1
Packet Pg. 1313
16.G.1.a
Packet Pg. 1314 Attachment: Terracon Site Access Agreement (8738 : Brownfield Assessment Site Access Agreement)
RESOLUTION NO, 2 01 6-272
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
AUTHORIZING SUBMITTAL OF A GRANT REQUEST, THROUGH SOUTHWEST FLORIDA
REGIONAL PLANNING COUNCIL, TO THE US ENVIRONMENTAL PROTECTION AGENCY FOR
FUNDING A BROWNFIELDS COALITION ASSESSMENT GRANT TO IDENTIFY AND ADDRESS
POTENTIAL BROWNFIELD SITES AND AUTHORIZING THE COUNTY COMMISSION
CHAIRMAN TO EXECUTE ANY OR ALL DOCUMENTS PERTAINING THERETO; PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, Collier County has experienced several years of commercial and residential
development and has been impacted, like many with conditions of blight due to age and neglect,
long-term decay and potential contamination from a wide variety of industrial, commercial and
transportation-related sources, and
WHEREAS, the identification of many of these impacted locations of concern are not known
to the community and should be identified in order to provide for environmental site assessments,
evaluations and for establishing corrective actions, remediation and economic incentives, and
WHEREAS, on March 23, 2004, the Board of County Commissioners adopted Resolution No.
04-82 designating Immokalee Airport lands as a brownfield area; and
WHEREAS, providing for an effective brownfield redevelopment strategy will encourage new
private sector capital investment for returning impacted properties to future alternative reuse, aid in
the creation of new to Collier County jobs and enrich the tax base of the community specifically in
areas of economically distressed older development, and
WHEREAS, the US EPA provides Bug technical support and training to communities and
funding to identify and address potential brownfield assessments,clean-up and revitalization, and
WHEREAS, other counties within Southwest Florida have indicated interest in joining with
the Southwest Florida Regional Planning Council through a Coalition to seek funding to identify and
address potential brownfield sites and revitalization opportunities, and
NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA,that:
This body authorizes County staff to prepare and to submit an application, through the Southwest
Florida Regional Planning Council, to the U.S. Environmental Protection Agency's "Brownfield
Coalition Assessment Grant" program and receive funding to support site assessments, technical
assistance and to authorize the County Chairman to sign or execute all documents required.
THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring same this the
i34-h
day of (XJ 01 6 .
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16.G.1.b
Packet Pg. 1315 Attachment: Resolution 2016-272 (12.13.16) (8738 : Brownfield Assessment Site Access Agreement)
ATTEST:COLLIER COUNTY, FLORIDA
DWIGHT E. BROOK, CLERK
j,04.4..„C By: 4)10/11140
B __DONNA FIALA, CHAIRMAN
At est as e °If ., 4 •11Ax
signatureonly.
Approval for form and legality:
Jennifer A. Belp io
49
Assistant County Attorney
ti
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16.G.1.b
Packet Pg. 1316 Attachment: Resolution 2016-272 (12.13.16) (8738 : Brownfield Assessment Site Access Agreement)
MEMORANDUM OF UNDERSTANDING REGARDING BROWNFIELDS
ASSESSMENT COALITON FOR THE ENVIRONMENTAL PROTECTION AGENCY
ASSESSMENT GRANT BETWEEN SOUTHWEST FLORIDA REGIONAL PLANNING
COUNCIL AND COLLIER COUNTY
431
This Memorandum of Understanding ("MOU") is entered into this I > day of
December, 2016 between the COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS ("Collier County"), organized and existing under the laws of the state of
Florida("County') and the SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL,
an intergovernmental agency created pursuant to Section 186.504, F.S., and identified in Rule
29-1, FAC. ("SWFRPC'). All parties are collectively referred to as the "Parties" or "Coalition
Partners or Partners".
WHEREAS, the Coalition Partners are the Collier County Board of County
Commissioners, Southwest Florida Regional Planning Council and counties within the
Southwest Florida Promise Zone;
WHEREAS, Chapter 163, Florida Statutes, permits governmental units to enter into
Interlocal Agreements to make the most efficient use of their powers by enabling them to
cooperate with one another on a basis of mutual advantage; and
WHEREAS, each of the Parties has determined that it is in the best interests of the
residents of the Parties' respective jurisdictions that they enter into this Agreement to form a
Brownfield Assessment Coalition in order to be eligible to apply for funding opportunities from
the US Environmental Protection Agency (EPA) Brownfields Assessment Grant Program (the
Grant); and
WHEREAS, the purpose of this MOU is to set forth the general intentions of the parties
regarding the EPABrownfields Assessment Grant Program.
1. General Terms: The Coalition Partners hereto incorporate and set forth the
following ideas in order to further the mutual goal of assessing brownfields:
a. Southwest Florida Regional Planning Council shall apply for the Grant and shall
act to coordinate the sub-recipient awards.
b. If the Grant is awarded the parties shall each enter into a sub-recipient agreement
with each of the Counties so that the SWFRPC may award the grant money to the
local governments.
c. Activities funded through the sub-recipient agreement may include inventory
preparation, site selection criteria development, assessments, planning (including
cleanup planning) relating to Brownfield sites, outreach materials and
implementation, and other eligible activities. The SWFRPC may retain
consultant(s) and contractors to undertake various activities funded through the
cooperative agreement and may award sub-grants to other Coalition Partners
under 40 CFR 31.37 for assessment projects in their geographic areas. Sub-
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Packet Pg. 1317 Attachment: MOU 12.13.16 (8738 : Brownfield Assessment Site Access Agreement)
grantees are accountable to the SWFRPC for proper expenditure of all grant
funds.
d. SWFRPC shall coordinate with the County in whose geographic area the site is
located to finalize the scope-of-work for the consultant or contractor. It will be
the responsibility of this Partner to obtain all required permits, easements, and
access agreements as may be necessary to undertake assessments at the selected
site. If this Partner does not have the capacity to perform these activities, the
SWFRPC may assist in securing necessary site access agreements and permits.
e. SWFRPC, in consultation with Partners, will work to develop a site selection
process based on agreed-upon. Selected sites will be submitted to EPA for prior
approval to ensure eligibility.
f. SWFRPC and Partners shall share responsibility for ensuring that the other
activities as negotiated in the work plan, such as community outreach and
involvement, are implemented in accordance with a schedule agreed upon by the
SWFRPC and the Partners in whose geographic area the sites to be assessed are
located.
2. Termination—A party may withdraw from this MOU by providing sixty (60) days
written notice to the other parties, but shall continue to be bound by the terms of the
Grant.
3. Third Party Beneficiaries - This agreement does not create any relationship with, or
any rights in favor of, any third party.
4. Severability - If any provision of this agreement is declared void by a court of law,
all other provisions will remain in full force and effect.
5. Non Waiver - The failure of any party to exercise any right in this agreement shall
not be considered a waiver of such right.
6. Governing Law and Venue - This agreement is governed in accordance with the
laws of the State of Florida. Venue shall be in Lee County.
7. Sovereign Immunity - Nothing in this Agreement shall be interpreted as a waiver of
the sovereign immunity doctrine enjoyed by each party hereto.
8. Attachments - All exhibits attached to this agreement are incorporated into and made
part of this agreement by reference.
9. Amendments - The parties may amend this agreement only by mutual written
agreement of the parties.
10. Captions and Section Headings - Captions and section headings used herein are for
convenience only and shall not be used in construing this Agreement.
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Packet Pg. 1318 Attachment: MOU 12.13.16 (8738 : Brownfield Assessment Site Access Agreement)
11. Construction - This agreement shall not be construed more strictly against one party
than the other(s)merely by virtue of the fact that it may have been prepared by one of
the parties. It is recognized that all parties have substantially contributed to the
preparation of this agreement.
12. Notice - For all purposes herein, notice shall mean written notice sent by certified
mail, return receipt requested, properly addressed and posted, or by commercial
courier service, to the addresses shown below. Notice shall be effective only upon
actual receipt by the addressee,but written response to or acknowledgment of a notice
received shall constitute a waiver of any defect in the manner notice was given. A
copy of every notice given under this Agreement must be sent to the other Parties, the
Administrator and to the Chair\of the governing body. Notices required or permitted
under this Agreement shall be delivered to:
If to SWFRPC:
Margaret Wuerstle
Executive Director
Southwest Florida Regional Planning Council
1400 Colonial Blvd.
Suite 1
Fort Myers, FL 33907
239) 938-1813
If to County of Collier:
Name)
Title)
Address)
City, State)
Phone)
13. Recording of Agreement. The Southwest Florida Regional Planning Council, upon
execution of this agreement by all parties, shall record this MOU in the public records
of Lee County, Florida.
14. Entire Agreement - This agreement constitutes the entire agreement and supersedes
all prior written or oral agreements, understandings,or representations.
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Packet Pg. 1319 Attachment: MOU 12.13.16 (8738 : Brownfield Assessment Site Access Agreement)
EXECUTED AND ATTESTED ON THE DATES BELOW WRITTEN:
SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL
By:
Margaret Wuerstle, Executive Director
ATTEST:
Jason Stoltzfus, Promise Zone Coordinator
ATTEST:COLLIES COUNTY,FLORIDA
DWIGHT E;BROOK, CLERK
Bb?'Ylt.!'J
zqut.v54 I DONNA FIALA, CHAIRMAN
Attest as to A1,3DiPigtx CLERK i Z/13 11(o
0k
s,gnatirn only
Approval for form and legality:
Jennifer A`'Bel edio
r J142p
Assistant County Attorney
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Packet Pg. 1320 Attachment: MOU 12.13.16 (8738 : Brownfield Assessment Site Access Agreement)