Agenda 11/15/2016 Item #16C1 16.C.1
11/15/2016
EXECUTIVE SUMMARY
Recommendation to approve a Settlement Agreement between Collier County and the Florida
Department of Environmental Protection in the amount of $3,778.60 to reconcile payment for
services rendered by County staff related to regulation of underground storage tanks.
OBJECTIVE: To approve the attached Settlement Agreement to reconcile the remaining funds owed to
Collier County (County) by the Florida Department of Environmental Protection (DEP) for services rendered
in June 2016.
CONSIDERATION: The County has continuously maintained contracts with the DEP pertaining to
regulated storage tanks since 1992. The current contract, GC-690, is a 10-year contract that authorizes the
County to administer, as the `local program,' the compliance verification program for regulated facilities
located in the County. The objective of the program is to protect the groundwater,lands,and surface waters of
the County from hazardous materials stored in regulated tanks. GC-690 began July 1, 2007, and will end on
June 30, 2017. GC-690 was signed by the Board of County Commissioners Chairman on June 26, 2007,
followed by the signing of Amendment 1 on March 25,2009,and Amendment 2 on November 13,2012.
GC-690 consists of 10 annual task assignments each of which defines the work tasks to be carried out by the
county tanks team for a particular year. The DEP budgets a dollar amount to an annual task assignment based
on the number of routine inspections it requires the tanks team to complete,and then adds a forecasted variable
amount for any unforeseen inspections;thus arriving at the annual total budget for the program. In some years
the DEP requires more work to be undertaken than it originally budgeted for and on May 3, 2016, a task
assignment amendment was received to increase the task assignment budget by $12,000 for extra work the
DEP required. The tanks team completed the extra work and submitted a final invoice which was $3,778.60
over the $12,000 budget. The DEP agree to pay for the work completed and propose a Settlement Agreement
to document the payment of the outstanding balance of$3,778.60.
FISCAL IMPACT: If the Settlement Agreement is approved and executed then revenue of$3,778.60 will be
recorded in the Solid Waste Disposal Fund(470).
LEGAL CONSIDERATIONS: This item is approved as to form and legality,and requires majority vote for
Board approval.-SRT
GROWTH MANAGEMENT IMPACT: This program partially satisfies Goal 3 of the Conservation and
Coastal Management Element, which states "The County shall protect the County's groundwater resources to
ensure the highest water quality practical." This program is also specified in Objective 9.4 of the Conservation
and Coastal Management Element,which requires"The County to establish a local storage tank program."
RECOMMENDATION: That the Board of County Commissioners authorizes the Chairman to sign the
attached Settlement Agreement for Contract GC-690,Task Assignment 9/Invoice 12,between Collier County
and the Florida Department of Environmental Protection to reconcile payment for services rendered.
Prepared by: Philip Snyderburn,Principal Environmental Specialist
Solid&Hazardous Waste Management Division
ATTACHMENT(S)
1. Settlement Agreement per STeach 09 26 16 (PDF)
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16.C.1
11/15/2016
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.C.1
Item Summary: Recommendation to approve a Settlement Agreement between Collier County
and the Florida Department of Environmental Protection in the amount of$3,778.60 to reconcile payment
for services rendered by County staff related to regulation of underground storage tanks.
Meeting Date: 11/15/2016
Prepared by:
Title:—Public Utilities Department
Name: Heather Bustos
09/23/2016 11:51 AM
Submitted by:
Title: Department Head-Public Utilities—Public Utilities Department
Name: George Yilmaz
09/23/2016 11:51 AM
Approved By:
Review:
Public Utilities Department Margie Hapke Level 1 Add Division Reviewer Completed 09/26/2016 8:11 AM
Public Utilities Operations Support Joseph Bellone Level 1 Add Division Reviewer Completed 09/29/2016 9:35 AM
Public Utilities Department Heather Bustos Level 1 Division Reviewer Completed 10/11/2016 10:34 AM
Solid and Hazardous Waste Dan Rodriguez Level 1 Add Division Reviewer Completed 10/14/2016 9:19 AM
Public Utilities Department George Yilmaz Level 2 Division Administrator Review Completed 10/18/2016 3:58 PM
County Attorney's Office Scott Teach Level 2 Attorney Review Completed 10/18/2016 4:28 PM
County Attorney's Office Jeffrey A.Klatzkow Level 3 County Attorney's Office Review Completed 10/19/2016 8:22 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 10/19/2016 8:55 AM
l' Budget and Management Office Ed Finn Additional Reviewer Completed 10/19/2016 9:58 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 11/06/2016 5:31 PM
Board of County Commissioners MaryJo Brock Meeting Pending 11/15/2016 9:00 AM
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SETTLEMENT AGREEMENT o '
THIS AGREEMENT is made and entered into this 12 day of July,
2016 by and between the Department of Environmental Protection,
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an agency of the State, (hereinafter "Department") , 3900
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Commonwealth Boulevard, Tallahassee, Florida 32399-3000 and 0
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Collier County Board of County Commissioners, (hereinafter
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"CONTRACTOR") , 3339 Tamiami Trail East, Suite 302, Naples, FL 34112-
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WITNESSETH:
WHEREAS, pursuant to Section 287.058 (1) , F.S. , a procurement
of contractual services in excess of $35,000 is required to be
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evidenced by a written agreement embodying all provisions and
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conditions of the procurement of such services, including but
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not limited to subsections (a) , (b) , (c) , (d) , and (e) , and c
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WHEREAS, pursuant to Section 287.058 (2) , F.S. , except in 11!
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cases involving a valid emergency, said written agreement is
required to be signed by both the agency head and the contractor 0
prior to the rendering of services, and
WHEREAS, pursuant to Section 287 .058 (2) , F.S. , if the
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agreement is not signed by both parties, and if a valid 0
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emergency does not exist, the agency head is required no later
than thirty (30) days after the contractor begins rendering the 0
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service to certify the specific conditions and circumstances, as
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well as describe actions taken to avoid the recurrence of the
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noncompliance, and
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WHEREAS, contractual services described in the task "g
assignments between the Contractor and the Department attached c_
as Composite Exhibit A have been rendered without a fully
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executed task assignment authorizing the work, and the agency E
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head has not within the prescribed thirty (30) day period either 0
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certified a valid emergency, or in the absence of a valid 0
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emergency, certified the specific conditions and circumstances
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which caused the noncompliance, and o
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WHEREAS, the Chief Financial Officer of the State of Florida t
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(Comptroller Memorandum No. 4 (87/88) requires a settlement 'E
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agreement be executed for services rendered without a written 8
agreement, within the prescribed thirty (30) day period and in w
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WHEREAS, the Contractor has a claim for payment for the said 'E
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services as set forth in the summary sheet and invoices attached w
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as Composite Exhibit B, and the Department desires to settle and w
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discharge such claim, and (0 .
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WHEREAS, the Contractor agrees to be bound by the terms and
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conditions set forth in Exhibit C, attached hereto and 0
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incorporated by reference herein, in the performance of the work
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subject of this settlement agreement.
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NOW, THEREFORE, in consideration of the mutual covenants set
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a. The Department agrees to pay to the Contractor the sum E
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of Three Thousand Seven Hundred Seventy-Eight Dollars and Sixty
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Cents, ($3,778. 60) , which amount represents the total claim of
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the invoices attached as Composite Exhibit B hereto, payable by 0
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State of Florida warrant, to be paid to the Contractor.
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b. Upon receipt of payment, as provided in paragraph (a) , t
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the contractor, for its attorneys, heirs, executors or c
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administrators, does hereby fully, finally and forever release m
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1 and discharge the State of Florida, Department of Environmental 0
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Protection, and its agents, representatives, and attorneys, of ' O'
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and from all claims, demands, actions, causes of action, suits, 0
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damages, losses and expenses, of any and every nature m
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whatsoever, arising out of or in any way related to the o ,
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contracts and state project and invoices for such work
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including, but not limited to, those claims asserted or other E 1
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claims that were or maybe asserted in any federal, state or m
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local agency or court, by or on behalf of the contractor. t !
c. This Agreement shall be binding on and inure to the ? '71'
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benefit of the parties and their respective legal w
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representatives, successors, and assigns. CD
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d. The Contractor agrees to be bound by the terms and w
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incorporated by reference herein, for performance of the work, 0
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which is subject of this settlement agreement. i.-.
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e. Upon the execution of this Agreement, the terms m
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hereunder shall become effective only upon the subsequent E :
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approval thereof by the Chief Financial Officer of the State of E :
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Florida, pursuant to Section 17.03, Florida Statutes. c
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) IN WITNESS WHEREOF, the parties have executed this agreement f..)
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DEPARTME . OF ENVIRONMENTAL COLLIER COUNTY BOARD OF COUNTY E
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Title: C./lie - of Title: _ c5
Date: e(ele4 _ Date: _ cf?
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Aporoved a t form and legality: m
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ATTEST
DWIGHT E. BROCK, CLERK
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EXHIBIT A
Attachment B
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Florida Department of Environmental Protection 'c
Task Assignment Notification Form for COLLIER COUNTY
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Contract No.CC690 Task No.9 Amendment No. Date June 26,.2015
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Performance Period: Effective the date of execution of this Task Assignment nr July I,2015,
whichever is tater,and shall remain in effect until June 30, 2016.
Description: (Additional Pages May be Utilized)
1 h Contractor shall complete the iolhsssing services in accordance with the requirements in 1)1s1'(ontract No. to
CGC69t1
- Conduct routine compliance inspections at the 173 laeilitie, identified in Exhibit I (pros idcd
electronicill))storage lank*stems ssithin Collier Count). tD
• Perform all re-inspections per( uidanet Document A to contim cumpliancx within Collier(bunt). C)
Compo) with the Revised Invoice Procedure(Attached)
- thili a the nes,Contractual Services Invoice Form for all monthts insoici (Attached)
- Compensation ssill onlp occur for routine annual compliance inspections conducted at the facilities
explicit') identified in the revised Payment Calculation Sheet(Attached)
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Payment schedule: Compensation will occur on a monthly basis,per(hr fee schedule listed in
Exhibit k1. invoices are due no later than the 156 day of the month proceeding work activity. The
contractor must submit a signed'C'ontractual Semites Invoice'noting the quantity and location of
inspections. ;?
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Task Managers:
DEP Task Manager: Charles Masella Phone:239-344-5667
Contractor Task Manager: Phil Snyderbum Phone: 239-994-4535 E
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Authorization: •
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DEC'Budget Representative Date
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Funding a
URt ASI/Jsl ION Ctfl)L (is (MAC t l rinlh MOM,I. NI)(CIA! C:A Il OURY SEt A5101;51
37450305000 JD 132500 4562 1PTF 100029 15 5101,945.44
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EXHIBIT A
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i Florida Department (tl'1?fy\'"trl�ttritetttni Protection 6
Task Assignment Notification Form for COL1,1E12 C'OUNT1' ---
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Contract No.GC69(I Task No.9 Amendment No. I Unto 11av 3.2(1 U. C
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1 YerformanrePeriod:Y,ffeeti\etttcdtNttttc�ecutiattAt(thtc`fad.&..i�ttattcutar.lttht,?tlIS. f1 E
tthielleser is later,and shall remain in effect iiniii.itine 3(1.2016. 1
Description: 4Additiior:d Page'Alas lie t tiliredi I Q
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Inrre,ise:nntaait fat A:triable Iti pr.Nt,ir•. -
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j P:tsmeta schedule: Compensation si ill occur on a nonnhh h;tsis,per the lee schedule listed in U
Lshihit#I. Int likes are flue no later than the 13"'this of lie 1u.n1li lrrnecedum'ur6 arti'ii. .the
cuntr;tcttir tuna submit a tii'Lacd'("otUrucutat tier%ires Int Mee noting the qu,uttitl anti location of v
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1)1 1) .1 ask Mana.:er: \lark Satinet. I'htine: 239-344-5690 I Si.
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u:(tn Tusk\l:u ;;'er: Phil Stt�tterhurtt Phone: 239-99-1-4535
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EXHIBIT A
i)escription continued: tZ
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'the Contractor must perlorni all Enforcement Actions in accordance with Guidance
Document F(Level a FA-Birt).
The contractor is reminded oldie Performance I ct els stated in paragraph 713 of the
contract. N
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The FE)EP will adjust the hauling level of this task assignment as needed to eomplctc tli at
scope of services described within this Task Assr_�nrnent, The Contractor will not
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conduct the Discharge Preverntion Response Cer'liticatc WPM') inspections detailed in
Paragraph i}ofthe contract.
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Order of Insneetion and Substitutions of facilities on Exhibit 41: o
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Contractor is to conduct routine inspection in order provided in Exhibit:=I Substitutions
offacilities arc authorized with sites listed on the substitution list on Exhibit Pt 1. The
contractor wishing to substitute a facility shall entail department at cru
ST Itlnvoices;u-dep.statc.Il.us stating the Facility and reason I it the substitution. 'Clic
department will notify ria email authorizing the substitution. Copies ufauthorizatinn O
shall he retained by the contractor for the remainder of the contract. `o
invnice t rocedure
Review of lnspectiotis_lite Payment Calculation Sheet shall be submitted by the county
to the appropriate District Office. The District will ret lets in FiRSI each variable
s io listed o t the Payment Calculation Sheet to ensure that it is correctly invoiced.
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1 hr Districtcompliance will ensure that each routine com iinspection on the Payment ai
Calculation Sheet is also listed on the task assignment Facilities list. Upon completion ul'
the review.the District shall report via email to the I'erniitting and Compliance
Assistance Program's Contract Manager and the Local tiovernntent that the review of the
inspections has been completed and iforany known contractual obligations that have not v
been met. t°
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Invoice Submission: All invoices witlt verified and approved l'a.vmelt Calculation Sheet
by the appropriate District ()t'Itee will be directh submitted by the local governments to
the Permitting and Compliance Assistance Program's Contract M:uiatter by the 15'(I' N
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each month. Submission of it»oice shall be via entail to:SCRlnvoices( dch.state.il.jts.
The email shall consist of>>:sinele Pi is paekaec.
The order document in the complete PDF package: `u
1) Contractual Services Invnice
2) Verified Payment Calculation Sheet (please make sure the month of services
rendered appears below the"invoice Period") Q.
3) FIRST Report(Compliance and .Actin it) by Date Flange)
l) I'raekimc Form(Monthly percentage of Routine Inspections Completed) m
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,ili-n, Florida Department ofEnvironmental ProtectionEXHIBIT
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INVOICE APPROVAL FOR CONTRACTS ANDGRAINT AGREEMENT DISBURSEMENTS FORM N
k FCQRt-A F,t,LC(ROMC CONTRACT INVOICE SUBMISSION ONLY
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Required Signatures: Adobe Signature c
This form should be completed in till and submitted electronically through the Shared Contract Invoice Document Drive along with the invoice and other a)
required documentation as defined by agreement. d
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07/1812016GC690 u)
Date Invoice Received Contract or Grant Agreement tiumtrer.
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Is this the Final Invoice? Yes J No I—
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Capitalization? Yes No
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I Invoice Amount $ 5,361.80 L
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Less:Retainage U
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Approved Payment Amount $ 5,361.80
Payment Funding Source(s)(Funding must agree with current FLAIR encumbrance information.): y
1 ORGANIZATION OBJECT OCA; PROJECT E
1 l:Ota}.. }.C7 COM FUND CATEGORY YR GRANT MODULE NUMBER PA`,M15Nf AMOUNT E
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37450305000 JD 132500 212001 100029 00 4562 $ 5,361.80 as
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PAYMENT TOTAL $ 5,361.80 U
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FLAIR Contract ID: GCG90 Pat2e I of-fi
EXHIBIT B
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SUMMARY OF CONTRACTUAL SERVICES AGREEMENT c
OLO/Department: DEPART! NT OF ENVIRONMENTAL Agency Contact:
PROTECTION
FLAIR Contract#: GC680 Telephone#:
Agency Contract G0690 y
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ContractorNendor)Payee: COLLIER COUNTY BOARD OF COUNTY Q
Original Contract I c Total Contract t. .3c r { y
0 00 19483 a4 (Contract Type: Master Agreement
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Amount: cunt:
Contract Start Date: 07/01/2007 Contract End Date:06/30/2017 0
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Contract Last Signed Date:06/26/2007 IAdvanced Funded No
METHOD OF PROCUREMENT: Exempt,Services or Commodities provided by Gevernmentat.Agencies(s 287 057
(3)(f; 12,3 s 287.057(22),FS}
AGENCY REFERENCE#:
Invoice Period: / - .-6/1157/i6
invoice Number: /L / �/�
Total Amount of Previous Payments: +r
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CONTRACT MANAGER CERTIFICATION:
I certify,by evidence of my signature,the information on this form is true and correct,Ine goods and services have been
satisfactorily received and payment is row due. I understand that the office of the State Financial Officer reserves the right to
require additional documentation and/or to conduct periodic post-audits of any agreements Q
Contract Manager Name printed: Rfrr Lil /// £
Contract Manager Signature; ate: �/-6//‘
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' EXHIBIT B
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Nereida 1lernandez-Morales, FDEP Nereida.HemandezMoralesadep.state.flus (/)
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Invoice#12,June 2016 'r?
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To whom it may concern: 0
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Enclosed is the above referenced invoice package prepared and submitted by the Collier County o
Solid&Hazardous Waste Management Division. If you have any questions concerning this
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invoice, please contact me at 239-252-5081. 'E
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EXHIBIT B
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CONTRACTUAL SERVICES INVOICE
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Invoice No Contract No Task No Date Period.of Service
12 CC-690 9 r_2C1c 7/112015 to 6,3012016
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jVendor. Collier County BCC Fbrida Department of Environmental Protection
3339 Tamiami Trai East.suite 302 Permitting and Compliance Assistance Program •-
Naples,Fl 34112 2600 Blair Stone Road,M.S.4565 to
Tallahassee,Florida 32399-2400
FEUD No 554)0005558 Attn. Tanks Compliance Asisstance Accounting rn
Telephone 239.252-508/ �
(+pent. Phil Snydertium
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ContracUTask Amount 5113.945 A4 Contraa/Task Anio.nt '~
Less Previously Invocad $112.362.24 Less Previousiy Invoiced _ N
less/Plus Retainage N:A LessiPtus Retainage
Invoice Total $5;361.80 Invoice Total _ 03
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TOTAL AMOUNT OF INVOICE: $5,381.80 44:5•y
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Invoice No. Contract No. Task No. Date Invoice Period . c
12 GC-690 9 7/5/2016 6/1-3012016 01
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Inspection Type Value Quantity List of Facilities (FAC. ID only) csi
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Routine S 464.00 5 Attach FIRST spreadsheet in
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UST System Install 5 1,140.68 1 ea
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UST Piping Install S 380.23 cn
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Component Install S 190 11 2 8518292, 8626248
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UST System Closure S 760.45 1 8944898 o
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UST Piping Closure S 380.23
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Component Closure S 190.11
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AST System Install S 570.34 1 *E.
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AST Piping Install S 190.11
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AST Piping Closure S 190.11 v.
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AST System Closure S 380.23 co
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Complaint 5 190.11 es1 1
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Discharge S 190,11 c) ,
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Enforcement S 190.11co
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Non-Compliance S 190.11 1 .5
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S 5,361.80
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EXHIBIT B
INVOICE
NAN*,
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY COURTHOUSE COMPLEX
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FINANCE DEPARTMENT
PO BOX 413016
NAPLES,FLORIDA 34101-3016 •••••
Invoice: 59 5 3 0
Date'
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Department: .5-7/464//411,-/ (ti
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DUE AND PAYABLE UPON RECEIPT t.)
(BOARD DEPARTMENTS ONLY•CHARGES EXPENSED
UPON RECEIPT OF YELLOW COPY IN FINANCE)
DESCRIPTION AMOUNT
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MAKE CHECKS PAYABLE TO. COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS
DETACH AND MAIL THIS PORTION WITH YOUR CHECK TO:
FINANCE DEPARTMENT
PO BOX 413016
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NAPLES, FLORIDA 34101-3016
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REVENUE ACCOUNT Invoice: 59 5 30 a)
FUND COST CENTER OBJ!REV CODE PROJECT
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EXPENDITURE ACCOUNT
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FUND COST CENTER OBJ!REV CCOE PROJECT AiR Na.:
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CUSTOMER - White DEPAR'IMENT- Yellow FINANCE - Pink
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EXHIBIT C
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DEP CONTRACT No. GC690 , L ;'_ i` E D C
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION E
AGREEMENT FOR STORAGE TANK SYSTEM .. 3 3 j f,4; a: 32 cn
COMPLIANCE VERIFICATION PROGRAM ch
FOR COLLIER COUNTY ,';'JI L. ;,;;V. ,PREY. DEPT. 4
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CONTRACTOR i-
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COLLIER COUNTY BOARD OF coo
COUNTY COMMISSIONERS U
Collier County Pollution Control U
and Prevention Department w
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3301 Tamiami Trail E,Bldg H '-
Naples, Florida 34112 0
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FEID NO.: 59-6000558 0
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In consideration of the mutual benefits to be derived herefrom, the Florida Department of E
Environmental Protection ("DEP" or "Department") does hereby retain Collier County Board of County IL'
Commissioners ("CONTRACTOR") for the specific purposes and duties as outlined herein within Collier Q
County and the parties do hereby agree as follows:
CINTRODUCTION m
E
m
1. To assist the CONTRACTOR in complying with the terms and conditions established herein, a
standard program terminology used throughout this Contract is defined and provided in Attachment to
A,Standard Contract Definitions,attached hereto and made a part hereof. v
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2. It is hereby understood and agreed that all references in this Contract to Florida Statutes(ES.)and N
the Florida Administrative Code (F.A.C.) shall be for the laws, rules and guidance documents in o
effect at the time work is performed by the CONTRACTOR.
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SCOPE OF SERVICES a)
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3. Perform compliance inspections within the jurisdictional (geographical) boundaries of the specified R
counties, including facilities registered to the CONTRACTOR as required by an executed Task a)
Assignment(s) at the following Chapter 376, F.S., facilities: storage tanks regulated pursuant to U)
Sections 376.30 - 376.317, F.S. (excluding cattle dip vats, dry-cleaning facilities and designated m
Brownfields)and Chapters 62-761 and 62-762,F.A.C.,including mineral acid tanks regulated by the Q-
DEP in accordance with Sections 376.320 -376.326, F.S. In addition, perform closure inspections, m
installation inspections, discharge inspections, re-inspections, and emergency response activities, E
as applicable, in accordance with each Task Assignment. All inspections shall be performed by an aa)
individual(s) in a position equivalent to an Environmental Specialist I level or higher. Beginning on L
the effective date of this Contract, the CONTRACTOR is authorized to enter private property in Q
order to carry out inspections pursuant to Sections 403.091 and 403.858,Florida Statutes. c
m
4, Inspection Priorities. Inspections should be performed in accordance with each executed Task m
Assignment in the following priority order:
rn
A. Perform a discharge inspection at all facilities with known or suspected discharges involving i;
1 free product within twenty-four(24) hours of receipt of notification. Prepare and send a Site
Assessment Report request letter to the facility owner and operator, if appropriate, and as E
1 directed by the DEP Task Manager, ro
44-i
DEP Contract No,GC690,Page 1 of 13 Packet Pg. 743
I
16.C.1.a
EXHIBIT C
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B. Perform a discharge inspection at all facilities with known or suspected discharges within ten E
(10) working days of receipt of notification. Prepare and send a Site Assessment Report c
request letter to the facility owner and operator, if appropriate, and as directed by the DEP
Task Manager.
C. Perform all closure inspections at known storage tank system closure activities.
esD. Perform all installation inspections of known new installations to ensure that the system or c
system component is properly constructed and installed in accordance with Chapters 62-761
and 62-762, F.A.C., as applicable.
0
E. Perform routine compliance inspections and required re-inspections of facilities listed on each
executed Task Assignment based on resources and priorities. Facilities not inspected during
the current executed Task Assignment, will be prioritized to be inspected during the
subsequent Task Assignment. This list will include all facilities with at least one single-walled U
regulated system. o
F. Re-inspections should be performed as needed to verify compliance of items identified as E"'
requiring a re-inspection, as referenced in the"Storage Tank System Program Violation List" E
(Guidance Document A). All violations, regardless of severity, which solely involve notification a)
or reporting, will not require a re-inspection,unless otherwise required in Guidance Document Q
A. The CONTRACTOR will not be required to perform a re-inspection if the CONTRACTOR
and the DEP's Task Manager agree that it is unwarranted,
5. Site inspections responsibilities shall include: m
A. Contacting facility owners or operators, verbally or in writing, to schedule compliance rn
inspections, installation inspections, closure inspections, discharge inspections, and re-
inspections. The DEP Task Manager may require written notification of inspections if verbal
methods have proven unsatisfactory.
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B. With the exception of CONTRACTOR-owned/operated facilities, meeting with the owners,
operators, and/or other authorized representatives of all regulated facilities for the purpose of N
determining compliance with Chapters 62-761 and 62-762, F.A.C.,and Chapter 376,F. S. c
C. Distributing registration forms to all unregistered facilities that become known to the
CONTRACTOR as they are discovered, performing compliance inspections at ail CO
unregistered facilities that are subject to Chapters 62-761 and/or 62-762, F.A.C.,as they are cn
discovered, and taking appropriate measures where required to bring these facilities into
compliance,
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E. Completing all inspection reports using the Florida Inspection Reporting for Storage Tanks
(FIRST) database and in accordance with the minimum standards referenced in the "FIRST
User's Guide"(Guidance Document B),
F. Responding to complaints by performing a complaint investigation, documenting actions taken
and maintaining appropriate copies of all complaint information as directed by the DEP Task m
Manager.
G. Responding to requests for public assistance both in the office and during inspections.
H. Completing Storage Tank System Leak Autopsy Report Forms in electronic format and
submitting them to the DEP Contract Manager within ten (10) days of the Discharge E
Inspection. Submit the complete electronic form with comments, the Discharge Reporting -r
Form(DRF)and photographs.
4 ,
DEP Contract No.GC690,Page 2 of 13 Packet Pg. 744
16.C.1.a
EXHIBIT C _
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I. Completing an Underwriters Laboratories (UL) Flex-Pipe Incident Notification Form upon the m
discovery of any structural or material compatibility problems involving Flex-Pipes and E
submitting them to the DEP Contract Manager within ten (10) days of discovery. A copy rn
should also be submitted to UL. W
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6. Perform Level 1 enforcement actions.
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A. These actions shall include investigation and documentation of violations of Chapters 62-761 ~
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and 62-762, F.A.C., or the county's equivalent regulations, preparation of noncompliance
letters and related activities as described in Attachment A and in accordance with the U
"Storage Tank System Program Violation List" (Guidance Document A) and "Level of Effort 0
Guidance"(Guidance Document F).
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B. An individual(s) in a position equivalent to an Environmental Specialist Ii level or higher shall c
conduct Level 1 enforcement activities. Noncompliance letters may be prepared and sent by o
an individual(s) at the Environmental Specialist I level under the direction of an individual at U
the Environmental Specialist II level or higher.
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C, Alt enforcement documents shalt be on DEP forms,in DEP format, or have DEP approval. o
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a)
D. All noncompliance letters shall be issued through FIRST in such a way as to ensure the aa
database's capture of these activities for report purposes. Q
0 E. Any penalties assessed under this Contract shall be in accordance with DEP Directive 923: o
Settlement Guidelines for Civil and Administrative Penalties(Guidance Document J). m
.11.
F. If there is any indication that enforcement actions are not being performed; the DEP Task ii
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Manager may request the submission of a Corrective Action Plan. The Task Manager shall
be responsible for reviewing the plan and notifying the CONTRACTOR if the plan is approved er
or in need of revision. c
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7. Assessment of Performance Levels. `.o
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A. The CONTRACTOR shall perform inspections as directed in the previously stated Priority Na)
Order in paragraph 4, above, and assess performance levels monthly to determine its
progress towards completion of each Task Assignment. Upon discovery of any problems that
would delay or prevent the timely progress and completion of each Task Assignment, the
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Contractor shall notify the DEP Task Manager. I-
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B. Following the effective date of each Task Assignment, the CONTRACTOR should have a
completed the following percentage of the required routine compliance inspections unless
otherwise indicated in the Task Assignment: E
(1) After four (4) months, thirty-three percent (33%) of inspections should have been 0
completed. a)
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(2) After eight (8) months, sixty-six percent (66%) of inspections should have been m
completed. E
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(3) After twelve (12)months, one hundred percent (100%)of inspection should have been it)
completed.
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C. If the actual number of required routine compliance inspections falls below twenty percent m
4 f" (20%)for the fourth month,thirty percent(30%)for the fifth month,forty percent(40%)for the E
I sixth month, forty-eight percent(48%)for the seventh month,fifty-seven percent(57%)for the
eighth month, sixty-five percent (65%) for the ninth month, seventy-three percent (73%) for Q
m�t3
DEP Contract No.GC690,Page 3 of 13 Packet Pg. 745
16.C.1.a
EXHIBIT C N
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the tenth month or eighty-two percent for(82%)the eleventh month,then the CONTRACTOR
shall submit a Corrective Action Plan,within ten (10)days of receipt of a written request from
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the DEP Task Manager, to the DEP Task Manager describing the steps that will be taken to •y
meet the terms of the Task Assignment.
Q
D. If there is any indication that other required inspections or activities are not being performed,
the DEP Task Manager may request the submission of a Corrective Action Plan (Plan).
0
E. The DEP Task Manager shall be responsible for reviewing the plan and notifying the ce
CONTRACTOR if the Plan is approved or in need of revision 0
F. If the CONTRACTOR does not successfully implement the Plan as approved by the DEP
Task Manager for the remaining months of the Task Assignment, the DEP may withhold .,..
further payment of monthly invoices until such time as the CONTRACTOR comes into
compliance with those performance levels as outlined in paragraph 7.B.,above. U
G. A completion rate of 100 percent is required for those activities described in Paragraph 3,
above, and as set forth in each Task Assignment, unless otherwise indicated in the Task a,
Assignment.
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H. In the event the CONTRACTOR is unable to meet 100% performance levels set forth in the
Task Assignment, the DEP reserves the right to seek cost recovery according to the
percentage of the amount identified in each executed Task Assignment, unless failure of the
a)
CONTRACTOR to perform is documented to be beyond the foreseeable control of the E
CONTRACTOR(i.e.a force majeure event). a)
8. The DEP shall authorize the CONTRACTOR to provide services under this Contract utilizing the
Task Assignment Notification Form, attached hereto and made a part hereof as Attachment B. The �r
CONTRACTOR acknowledges that no work shall be performed until a Task Assignment authorizing
work has been fully executed by the DEP and the CONTRACTOR, If, during the term of an
executed Task Assignment,a modification of the Task Assignment is needed,the DEP may issue a co
new Task Assignment Form clearly marked with the original task number and the appropriate
amendment number, detailing the revised description of the work to be performed. As with the N
original Task Assignment,all amendments to Task Assignments must be executed by both the DEP
and the CONTRACTOR prior to the work being performed.
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CONTRACTOR RESPONSIBILITIES
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9. The CONTRACTOR shall administer the compliance verification program, provide technical
assistance, and perform level 1 enforcement actions. Data generated from all inspections
conducted under the direction of the DEP shall be entered into FIRST prior to the submittal of an
invoice to the District. The CONTRACTOR shall also conduct "Discharge Prevention Response E
Certificate (DPRC) Inspections" (Guidance Document H)at all applicable facilities pursuant to Rule
62N-16,032, F.A.C. `ay
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10. The CONTRACTOR shall comply with all provisions of this Contract, verify facility compliance with
Chapter 376, F.S., Chapters 62-761, 62-762,and 62N-16.032, F.A.C,, and be knowledgeable of the m
differences between the state and federal environmental statutes and rules applicable to m
underground storage tanks.
11. The CONTRACTOR shall require that qualified individuals perform field inspections and that they
receive training on Chapters 62-761, 62-762, and 62N-16.032, F.A.C., Chapter 376, F.S., RCRA 0
Subtitle I standards and DEP enforcement procedures.
R
Packet Pg.746
DEP Contract No.GC690.Paao 4 of 13
1G.C.1.m
EXHIBIT C
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12. The CONTRACTOR shall provide a sufficient number of qualified staff to satisfactorily complete all
the responsibilities included in this Contract. All individuals hired after the effective date of this
Contract shall possess qualifications equivalent to DEP position levels as specified in this Contract, ca
13. All field inspectors and enforcement personnel shall attend and complete scheduled storage tank <
inspector training courses and pass any examinations. 11 the employee fails to pass, the employee
may take the examination at the next offered training class. During this period the employee may
continuo to perform inspections. Howovwr, subsequent failure to provide certified inspectors will
result in a reduction of the fixed price negotiated in the Task Assignment. cn
14. The CONTRACTOR shall determine the accurate latitude and longitude coordinates for each facility 0
inspected using DEP-approved procedures (Source Water Assessment Program (SWAP)
Webpoint)and ensure the proper entry of this data into the DEP inspection database. ra
15. The CONTRACTOR shall review closure reports filed by facility owners or operators to insure that ~
the DEP's "Storage Tank System Closure Requirements" (Guidance Document C) have been
followed. in cases where these requirements have not been met, the CONTRACTOR shall initiate J�
Level 1 enforcement actions to compel compliance. In cases where these requirements have been
met and none the of DEP's cleanup target levels have been exceeded, the CONTRACTOR shall
issue a Closure Report Review Letter for the system or component described in the Closure Report
indicating the Closure Report meets the requirements of Chapter 62-761 mnd/or62-7O2. F.A.C. In
cases where � target levels have been exceeded, the CONTRACTOR shall follow /ur�or ^��
direction from the DEP Task Manager.
16. The CONTRACTOR shall maintain files on regulated facilities for inspection reports,noncompliance
letters,warning letters, or any other related enforcement documentation, telephone logs and written oj
correspondence from the facility that may not be available in FIRST. In the event a case referral to co
the DEP District Office for further enforcement is nncessory, a case summory, a copy of any
documents pertinent to the case that are not available in F(RST, and a letter of referral shall be to
submitted to the DEP District Office in accordance with the "Guidelines for Case Referrals" (NI
(Guidance Document I). to
s-
I 17, Facility files must be kept until the site has been determined closed. Once the facility has been ^0
closed for five (5) years, the records shall be sent to the DEP Contract Manager in Tallahassee for cm
proyomahon, unless the CONTRACTOR is subject to more stringent local record retention o
requirements. Copies can be maintained by the CONTRACTOR at the CONTRACTOR's expense.
If, for any reason, the DEP's contractual arrangement with the CONTRACTOR to perform the
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inspection (through this Contract oreny futurecontracts)*� �o. theCDWTR/ �TC�ehaU1-
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return all originalfacility
files to the DEP Task Manager within 30 calendar days of Contract lif)
expiration ortermination. ca
18. The CONTRACTOR shall provide complete copies of discharge packages (discharge reporting
form, discharge inspection report, Site Assessment Request letter (if required)) to the DEP Task
Manager and DEP Contract Manager within thirty(30)days of receipt of the reported discharge.
-
' 19. The CONTRACTOR shall provide attendance of at least one program staff member at scheduled /
meetings and at scheduled teloonnferemoas, including the Tanks Conference. The DEP Task
Manager may authorize attendance at a location other than the District Office. The CONTRACTOR
shall provide attendance of additional staff members as requested by the DEP. az
ILI
20. The CONTRACTOR shall maintain a current setof the reference standards as contained in ~'
Chapters 82-7D1and O2-782.F.A/C.
21. The CONTRACTOR shall ensure that all field personnel receive the health and safety training
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required to meet OSHA standards (an initial 24 or 40 hour course within 6 months of employment 131
under this Contract,followed by an annual 8 hour refresher course), ^~
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DEP Contract No.mcagu.Pane 5nf13 Packet Pg. 747
16.C.1.a
EXHIBIT C
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22. The CONTRACTOR shall supervise the Local Compliance Program with an individual at a minimum a
equivalent to the DEP's Environmental Specialist Ill personnel category. a)
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23. The CONTRACTOR shall perform all clerical activities for the above-mentioned tasks, by an
individual at a minimum equivalent to a Secretary Specialist level or higher. I
I
24. The CONTRACTOR shall provide copies of applicable rules, inspection forms, and other
program/public assistance information to the public and regulated interests. However, this provision
does not authorize photocopying of reference documents in violation of copyright law.
C9
25 The CONTRACTOR shall use recycled paper for all program correspondence and documents.
V
26. The CONTRACTOR shall maintain financial books, records, and documents directly pertinent to E'
performance under this Contract in accordance with generally accepted accounting principles c)
consistently applied. All books, records, and documents pertinent to performance under this
:2-
Contract
Contract shall be maintained for the entire term of this Contract and for five years following the
expiration or termination of this Contract. The DEP, the State, or their authorized representatives
shall have access to such records for audit purposes during the entire term of this Contract and for E
five years following the expiration or termination of this Contract. A penalty of 8.3% of the current
Task Assignment amount will be assessed for each year that shows insufficient record keeping. Qrn
27. The CONTRACTOR shall maintain a separate account (Trust Fund or Cost Center) within the
CONTRACTOR's accounting system for the receipt and disbursement of funds provided under this E
Contract so as to trace and monitor Inland Protection Trust Fund(IPTF)expenditures.
a)
28. The CONTRACTOR shall provide a Statement of Revenue, Expenses and Fund Balance utilizing rn
the"Guidelines for Preparing Year End Financial Statement" (Guidance Document G)for the period
of the executed Task Assignment within forty-five(45)days of payment of the twelfth invoice for the
current Task Assignment. If the CONTRACTOR fails to timely provide a Statement of Revenue,
Expenses and Fund Balance within the forty-five (45) day period, the CONTRACTOR will be
assessed a five percent (5%) penalty based on the current Task Assignment amount. The penalty
amount will be subtracted from Invoice Number 12 in the current Task Assignment Year, The (NI
CONTRACTOR is still obligated to provide the Statement of Revenue, Expenses and Fund Balance rn
to the DEP even if the CONTRACTOR provides this statement after the 45-day deadline and is t
assessed the five percent(5%)penalty.
29. If the CONTRACTOR's fund balance is less than or equal to ten percent (10%) of its current year v~i
Task Assignment, the CONTRACTOR may retain the surplus provided that such surplus must be
used pursuant to the provisions of this Contract, the Task Assignment and Section 376.3071, F.S.
If the CONTRACTOR's fund balance is greater than ten percent (10%) of its current year Task
Assignment amount, the CONTRACTOR shall refund to the DEP any and all amounts in excess of
ten percent(10%)of the current year Task Assignment amount, However,the CONTRACTOR can EL..)
to the DEP,with the Fund Balance Report, a written proposal to retain the funds that exceed rn
the ten percent (10%) of the current year Task Assignment. The DEP, at its sole discretion, will
then determine whether the CONTRACTOR may retain the funds greater that ten percent(10%)of
the current year Task Assignment.
30. The CONTRACTOR shall not allocate funding to non-program activities outside the scope of this
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Contract or any Task Assignment. Sections 376.3071 and 376.11, F.S., prohibit the use of IPTF
and Florida Coastal Protection Trust Fund(FCPTF)moneys for purposes other than those specified
in these sections.
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31. Access to DEP databases shall be made by using an Internet connection. Therefore, the r
CONTRACTOR is responsible for subscribing to and paying for all charges related to use of the
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16.C.1.o
EXHIBIT C
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services of a reputable |ntom* service provider. The CONTRACTOR must have a dedicatedco
Internet line for FIRST.
32. Guidance Documents. The CONTRACTOR agrees that the services required under this Contract .co
shall be performed in accordance with the guidance documents listed below and in accordance with <
the provisions of this Contract. The CONTRACTOR acknowledges that these documents may be
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amended and the services required under this Contract shall be performed in accordance with the CC
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vor |ona in effect at the time work is performed by the CONTRACTOR. The CONTRACTOR
hereby acknowledges receipt of the following guidance documents:
A Guidance Document A - Storage olation List ^)
B. Guidance Document B -- Florida Inspection Reporting for Storage Tanks (FIRST) User -
Requirements vs
C. Guidance Document C -- Sk)noQeTank System Closure Requirements
Guidance Document 0 -- CompUonomVer�:oMonPnogrem Local Program Review Fonn.^ o
E. Guidance Document E - Contractual Servi0cen Invoice �
F. Guidance Donum�tF -- Level ofE�n�Guidance ��
G. Guidance Document G Guidelines Preparing Financial StatementH. {�uidanonDocument H - Discharge PoovenUpnResponse Ce�ifi�ta(DPRC)|nopedionx
I. Guidance - {�uidoUnamforOuseR�err�|n
J. Guidance Document J - DEP Directive 923: Settlement Guidelines for Civil and
li Administrative Penalties ~
33. The CONTRACTOR shall provide a written response to the Program Review findings conducted in iw
� � accordance with paragraph 42, b�mw, and at a minimum, provide details on any corrective actionso
I thadv�Ubeimp|aond.'
48
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34. The CONTRACTOR shall submita CnrecUvaAcUon Plan to the DEP Task Manager
U)
upon notification of a score below seventy-five (75) on the Program Review within fourteen (14)
calendar days of notification of the score. Because a score below 75 reflects an unacceptable level co
��
of performance, if the CONTRACTOR receives a score below 75, a penalty of 8.3% of the current
Task Assignment amount will be assessed. The penalty amount will be subtracted from invoice m
Number 12 in the current Task Assignment Year. m
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35. The CONTR/��TOR�msponuU�efor the pmfesmiun/gquady�echn�a|aocwrany and coordination ,n
. of all reports and other services furnished by the CONTRACTOR under this Contract. The
CONTRACTOR shall, without additional compensation, correct or revise anyorm,s. omissions, or m
other deficiencies in its reports and other services. i-
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DEP RESPONSIBILITIES liu"
%G. The DEP shall administer the "Storage Tank Training Course" to provide inspector training for all
CONTRACTOR inspectors and enforcement personnel.
o
37. The DEP shall serve in an advisory capacity to the CONTRACTOR. The DEP shall make legal
interpretations of DEP rules,which shall be binding with respect to the CONTRACTOR's ordinances
to the extent that those ordinances adopt the provisions of Chapters 62761 and 62'782. F.&C.^ mo
en
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required by this Contract. E
38. The DEP shall review completed inspection reports when and as deemed necessary. �a)G
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39. The DEP shallprovide program and regulatory guidance for the CONTRACTOR. The DEP shall
provide training In new technology and program management changes at the Annual Program and
Supervisors'Meetings.
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ioEpCvntran,woaooyn.pan*7o'1n Packet Pg.749
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40. The DEP shall conduct enforcement activities for violations of Chapters 62-761 and 62-762, F.A.C.,
when case referrals are properly made and forwarded to the District Office in accordance with the
"Guidelines for Case Referrals"(Guidance Document I). '
41. The DEP shall provide information to the CONTRACTOR about DEP registered storage tank
system equipment, alternate procedures (waivers, variances, or registrations), licensed Pollutant
Storage Systems Contractors (PSSC),and Registered Precision Tank Testers.
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42. At least once annually, the DEP shall perform a Program Review using the"Compliance Verification
Program Local Program Review Form" (Guidance Document D), and provide a copy of the Program
Review findings to the CONTRACTOR upon completion of the Program Review. The v
CONTRACTOR shall be notified at least fourteen (14) calendar days prior to a review of the
CONTRACTOR'S hard copy facility files so that the CONTRACTOR may make arrangements to
have files and personnel available for the review as needed. The DEP may conduct inspections, r
including accompanied inspections and follow-up inspections, at any reasonable time. In addition,
the DEP may also conduct facility file reviews through FIRST at any time. The DEP Task Manager U
may perform additional program reviews, as deemed necessary, to insure the required performance o
of the CONTRACTOR. The DEP Task Manager may forgo a Program Review for the next Task c
Assignment for a CONTRACTOR that receives a score of 95 or greater on the Program Review
during the current Task Assignment. E
TERM OF CONTRACT Q
43. This Contract shall become effective on the date of execution or July 1, 2007, whichever date is
later; and shall remain in effect until June 30,2017. In accordance with Section 287.058(2), Florida E
Statutes, the CONTRACTOR shall not be eligible for reimbursement for services rendered prior to
the execution date of this Contract and the execution of a Task Assignment. The DEP anticipates
Task Assignments will be executed no later than July 1 of each year detailing the requirements for
the next twelve (12) month period. Task Assignment performance periods may not extend beyond
the completion date of the Contract established above. This Contract may be renewed for an
additional term not to exceed the original Contract period or three (3) years, whichever is longer, ;!
Renewal of this Contract shall be in writing and subject to the same terms and conditions of this ce
Contract. All renewals are contingent upon satisfactory performance by the CONTRACTOR and the ae
availability of funds.
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NOTICES
44. Any and all notices shall be delivered to the parties at the following addresses:
CONTRACTOR DEP
Robert Ward Mr.Marshall Mott-Smith w,
Collier County Board of Department of Environmental Protection y
County Commissioners Bureau of Petroleum Storage Systems E
Collier County Pollution Control 2600 Blair Stone Road,MS4525 a)
and Prevention Department Tallahassee, Florida 32399-2400 as
3301 Tamiami Trail E, Bldg H
Naples,Florida 34112
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COMPENSATION
a)
45. For satisfactory performance,DEP agrees to compensate the CONTRACTOR on a fixed price basis rn
as described by each executed Task Assignment. It is hereby understood and agreed by both
parties that the compensation provided under this Contract shall not exceed the amount negotiated
in each executed Task Assignment for each specified period. The DEP's calculation of the fixed
price identified above is outlined in the executed Task Assignment Notification Form.
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DEP Contract No, 00690.Paae 8 of 13
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46. The State of Florida's performance and obligation to pay under this Contract is contingent upon an act
annual appropriation by the Legislature and continuation of other funding presently anticipated. E
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PAYMENTS w
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47. The CONTRACTOR shall submit monthly invoices in the amount specified in the executed Task v
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Assignment. Each invoice shall be submitted using the "Contractual Services invoice" (Guidance Hal
Document E). Each invoice is due no later than the 15th day of the month following the month of
services. Travel expenses associated with the annual meeting, Tanks Program Supervisor's 07
0
Meetings, and travel required for inspections, enforcement re-inspections, district coordination, v
training and monthly teleconferences are included in the monthly payment schedule and no 0
additional travel expenses will be authorized. Each invoice must be submitted in detail sufficient for46
pre-audit and post-audit review. A final invoice for each Task Assignment must be submitted as as
directed by the DEP prior to the completion date of the executed Task Assignment to assure the c
availability of funding for payment. The DEP shall pay all satisfactory invoices in accordance with o
ta
, Section 215.422, F.S. Two copies of each invoice shall be submitted to: L
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Department of Environmental Protection c
South District Office (I)
Attn.:Send to the DEP Task Manager's Attention a)
2295 Victoria Ave.,Suite 364
Fort Myers,Florida 33902 at
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0 48. Pursuant to Section 215.422, Florida Statutes, the DEP's Task Manager shall have five (5)working a)
days, unless otherwise specified herein, to inspect and approve the services for payment; the DEP m
must submit a request for payment to the Florida Department of Financial Services within twenty
(20)days; and the Department of Financial Services is given ten (10)days to issue a warrant. Days rn
are calculated from the latter date the invoice is received or services received, inspected, and
approved. Invoice payment requirements do not start until a proper and correct invoice has been er
received. Invoices which have to be returned to a contractor for correction(s)will result in a delay in 0
the payment. A Vendor Ombudsman has been established within the Florida Department of
Financial Services who may be contacted if a contractor is experiencing problems in obtaining timely co
payment(s) from a State of Florida agency. The Vendor Ombudsman may be contacted at 850- ea
410-9724 or 1-800-848-3792. N
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49. in accordance with Section 215.422, Florida Statutes,the DEP shall pay the Contractor,interest at a _c
rate as established by Section 55.03(1), Florida Statutes on the unpaid balance, if a warrant in Cs
payment of an invoice is not issued within forty (40) days after receipt of a correct invoice and a-
receipt, inspection, and approval of the goods and services. Interest payments of less than $1 will
not be enforced unless a contractor requests payment. The interest rate established pursuant to Q
Section 55.03(1),Florida Statutes may be obtained by caning the Department of Financial Services, ..
Vendor Ombudsman at the telephone number provided above or the DEP's Procurement Section at lb-
850-245-2361. E
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REPORTS AND DELIVERABLES Q
50. The DEP Task Manager shall review the monthly invoice for accuracy and completeness and review 5
such things as the number of inspections completed in the FIRST application before the monthly E
invoice is forwarded to the Bureau of Petroleum Storage Systems in Tallahassee, Florida for a)
processing. The DEP has ten (10)working days from the receipt of all deliverables and reports to m
review the work performed by the CONTRACTOR during the invoice period. If the CONTRACTOR to
fails to perform as directed by the terms of this Contract, the DEP shall return the unpaid invoice c
and/or reports and deliverables to the CONTRACTOR documenting the areas in which the a)
CONTRACTOR has failed to meets its contractual obligations. ..c
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DEP Contract No,GC690,Page 9 of 13 Packet Pg. 751
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EQUIPMENT
a)
51. Upon satisfactory completion of this Contract,the CONTRACTOR may retain ownership of the non- N
expendable personal property or equipment purchased under this Contract. However, the
CONTRACTOR shall complete and sign a Property Reporting Form, DEP 55-212, provided as R
Attachment C,and forward it along with the appropriate invoice to the DEP's Contract Manager. The t—
following terms shall apply:
• A. The CONTRACTOR shall have use of the non-expendable personal property or equipment for U
the authorized purposes of the contractual arrangement as long as the required work is being
• performed.
ieB. The CONTRACTOR is responsible for the implementation of adequate maintenance
procedures to keep the non-expendable personal property or equipment in good operating U
condition.
C. The CONTRACTOR is responsible for any loss, damage, or theft of,and any loss, damage or
injury caused by the use of, non-expendable personal property or equipment purchased with aEi
state funds and held in his possession for use in a contractual arrangement with the DEP.
a)
D. In the event that the DEP determines a need to loan equipment needed for the completion of
services under this Contract to the CONTRACTOR, a DEP Property Loan Agreement shall be r E
completed and maintained in the Contract file. £
I �
E. If the CONTRACTOR fails to perform its obligations under this Contract, the CONTRACTOR a
shall deliver possession and custody of all such equipment to the nearest District Office
location, unless otherwise agreed,within thirty(30)calendar days of Contract termination.
MANAGEMENT N.
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52. The DEP Contract Manager is Marshall T. Mott-Smith, Phone 850-245-8842 or Suncom 205-8842. e-
The CONTRACTOR's Contract Manager is Robert Ward, Phone 239-732-2502 or Suncom 751- N
2502. Each Task Assignment will identify the DEP Task Manager and the CONTRACTOR's Task
Manager. All matters relating to a specific Task Assignment shall be directed to the DEP Task .
Manager for appropriate action or disposition. Ail matters relating to this Contract shall be directed
to the DEP Contract Manager.
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TERMINATION
0.
53. Either party may terminate this Contract for its convenience by giving the other party thirty(30)days
written notice, If termination is effected by the DEP, the CONTRACTOR shall be compensated for E
work satisfactorily completed and irrevocable commitments made, If termination is effected by the
CONTRACTOR,the CONTRACTOR shall be compensated for work satisfactorily completed.
54. If the CONTRACTOR fails to perform in a timely and proper manner, in the judgment of the DEP,
the DEP may terminate this Contract by thirty (30) days written notice, specifying the effective
time/date of termination. In this event, the CONTRACTOR shall be compensated for any work
satisfactorily completed.
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55. This Contract may be terminated by the DEP for refusal by the CONTRACTOR to allow public
access to all documents, papers, letters, or other material made or received by the CONTRACTOR
in conjunction with this Contract, unless the records are exempt from Section 24(a) of Article 1 of
the State Constitution and Section 119.07(1), Florida Statutes. a
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r1FP C:nritrart Nn nr•.aan p.nna an of 11 Packet Pg. 752
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56. It is hereby understood and agreed that in the event the DEP makes a clear determination that the E
CONTRACTOR has breached this Contract to the extent that the CONTRACTOR is (at the sole
discretion of the DEP) inadequate to administer the Storage Tank System Compliance Verification
Program, compliance inspections, and preliminary enforcement activities under Chapters 62-761
and 62-762, F.A.C., and Chapter 376, F.S., for regulated storage tank systems in its jurisdiction,or
that such program is being carried out in a manner inconsistent with the requirements of this
Contract, the DEP may, as an alternative to termination of this Contract, and at the DEP's sole
discretion, require corrective measures to be taken by the CONTRACTOR within a reasonable c
period of time, not to exceed 45 days. In the event the CONTRACTOR fails to take such necessary a)
corrective action within the time required, the DEP may terminate this Contract in accordance with
paragraph 54, above.
ADDITIONAL PROVISIONS
C.
57. All services shall be performed by the CONTRACTOR to the satisfaction of the Secretary of the
DEP or his/her designated representative.
58. The DEP and the CONTRACTOR may at any time, by written order designated to be a change
order, make any change in the work within the general scope of the Contract (e.g., specifications, E
time, method or manner of performance, requirements, etc.). Changes to Task Assignment
Notification Forms issued by the DEP shall be evidenced by an amendment to the Task Assignment
as described in paragraph 8, above. All change orders are subject to mutual agreement of both
parties and shall be evidenced in writing. Any change order,which causes an increase or decrease
in the CONTRACTOR's cost or time, shall require an appropriate adjustment and modification•
(amendment)to this Contract. a�
59. The CONTRACTOR covenants that it presently has no interest and shall not acquire any interest, ri
which would conflict in any manner or degree with the performance of services required.
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60. The CONTRACTOR warrants that no person or agency has been employed or retained to solicit or Csi
secure this Contract upon an agreement or understanding for a commission, percentage,
brokerage, or contingent fee except bona fide employees or agencies maintained by the
CONTRACTOR for the purpose of securing business. N
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61. A person or affiliate who has been placed on the convicted vendor list following a conviction for a
public entity crime may not perform work as a contractor, supplier, subcontractor, or consultant
under a contract with any public entity, and may not transact business with any public entity in a�
excess of the threshold amount provided in Section 287.017, F.S„ for Category Two for a period of N
36 months from the date of being placed on the convicted vendor list.
fl.
62. The CONTRACTOR shall comply with all federal, state and local rules and regulations in providing E.
services to the DEP under this Contract. The CONTRACTOR acknowledges that this requirement a)
includes compliance with all federal,state and local health and safety rules and regulations.
a)
63. No delay or failure to exercise any right, power or remedy accruing to either party upon breach or
default by either party under this Contract, shall impair any such right, power or remedy of either
party; nor shall such delay or failure be construed as a waiver of any such breach or default, or any E
similar breach or default thereafter.
64. This Contract is an exclusive contract for services and the CONTRACTOR may not subcontract,
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assign,or transfer, in whole or in part,any work under this Contract without the prior written consent
of the DEP.
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DEP Contract No.00690,Page 11 of 13 Packet Pg.753
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65. Discriminatory Practices.
a)
A. No person,on the grounds of race,creed,color, national origin, age,sex, or disability,shall be Q
excluded from participation in; be denied the proceeds or benefits of; or be otherwise
subjected to discrimination in performance of this Contract.
B. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a
bid on a contract to provide goods or services to a public entity, may not submit a bid on a ca
contract with a public entity for the construction or repair of a public building or public work, U
and may not submit bids on leases of real property to a public entity, The Florida Department
of Management Services is responsible for maintaining the discriminatory vender list and
intends to post the list on its website. Questions regarding the discriminatory vender list may
be directed to the Florida Department of Management Services,Office of Supplier Diversity at
850-487-0915. V
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66. To the extent required by law, the CONTRACTOR will be self-insured against, or will secure and
maintain during the life of this Contract, Workers' Compensation Insurance for all its employees
connected with the work under this Contract. In case any work is subcontracted, the
•
CONTRACTOR shall require the subcontractor similarly provide Workers' Compensation Insurance a
for all of the latter's employees unless such employees are covered by the protection afforded by Q
the CONTRACTOR. Such self-insurance program or insurance coverage shall comply fully with the
Florida Workers' Compensation law, In case any class of employees engaged in hazardous work
under this Contract is not protected under Workers' Compensation statutes, the CONTRACTOR E
shall provide,and cause each subcontractor to provide, adequate insurance satisfactory to the DEP,
for the protection of his employees not otherwise protected.
67. For purposes of this Contract, the CONTRACTOR is not authorized to issue variances or waivers
pursuant to Section 120.542, F.S., to issue declaratory statements pursuant to Section 120.565,
F.S., or the County equivalent of these provisions where the affect would be to issue a variance,
waiver or declaratory statement of a state law or rule that has been adopted as a County ordinance. co
68. Nothing in this Contract shall be considered an approval by the DEP of equivalent, more stringent or et
extensive local programs pursuant to Section 376.317, F.S.
LIABILITY
m
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69, The CONTRACTOR, as an independent contractor and not an agent, representative, or employee N
of the DEP, agrees to carry adequate liability and other appropriate forms of insurance. The DEP
shall have no liability except as specifically provided in this Contract.
70, Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its
employees and agents. However,nothing contained herein shall constitute a waiver by either party 0,)
of its sovereign immunity or the provisions of Section 768.28, F.S. re
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SEVERABILITY
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71. In the event one or more provisions of this Contract are declared invalid, the balance of this
Contract shall remain in full force and effect.
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Packet Pg.
DEP Contract No,GCR90.Paas 12 of 13 '754
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ENTIRE AGREEMENT E
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It is hereby understood and agreed that this Contract states the entire agreement and that the V)
to
parties are not bound by any stipulations, representations,agreements,or promises, oral or otherwise,not <
printed in this Contract. This Contract may be modified by written amendment executed by the parties
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COLLIER COUNTY BOARD OF FLORIDA DEPARTMENT OF "?
C.)
COUNTY COMMISSIONERS ENVIRONMENTAL PROTECTION CO
Collier County Pollution Contra c)
and Prevention DA.rtment / vs
•' I•ow., — „, . L.
A ' /
By - ' •„fanes Coi.et Ca--
"Title f*r- , :Zireau • "-1ro eum S • •- Systems
Chairritar$,, t
i Date: kne 04) .-s?,4,7 Date:
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V ATTEST DT4IGHT. E. ,BROaK, .4,lI,ERKf4
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ArriAi 64 -- e -1'11- 4 <
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21/4" 21--- Vi.'0 , --*
_.„ Ma hal! Mot-Smith,DEP Contract Manager a)
ATtest no' te Cr .rr9p,r signaturp, or.ly E
, . . .
....,
•\._4Llf•j). U)Approved c ; t:lo. . & legal buf ficiency
/4(.4104,
Ti DEP ontracts AdMinistrator
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tiss--Z-PerCou'-ity At:torertv C•1
Approved as to form/legality:
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DEP Assistant General Counsel c+
C.)
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*For contracts with governmental boards/commissions: If someone other than the Chairman signs this
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Contract, a resolution, statement or other document authorizing the person to sign the Contract on behalf
of the CONTRACTOR must accompany the Contract.
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List of Attachments included as part of this Contract: T.
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1 a
Attachment Description(include number of panes)
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. a)
Attachment A Standard Contract Definitions(5 pages) E
Attachment B Task Assignment Notification Form(1 Page) a)
—
Attachment C Property Reporting Form(1 Page)
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DEP contract No.GC690,Page 13 of 13 Packet Pg. 755
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ATTACHMENT A
E
STANDARD CONTRACT DEFINITIONS a,
STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
Storage Tank Program
Contractor
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Clean Closure Review Letter
A letter sent by the contractor to storage tank system owners notifying them that their Closure
Assessment Report has been reviewed and that no cleanup is required based on the data submitted.
Cleanup Notification Letter
U
A letter sent try the contractor based on the review of Closure Assessment Reports or Discharge .°
Inspections informing owners of their responsibility to proceed with a cleanup of their site in accordance with
Chapter 62-770, F.A.C., or wait for Department authorization to proceed with cleanup in accordance with
Section 376.30711, Florida Statues(F.S.) m
Closure Event
The closure of a tank(s)or component(s)from a single excavation or location (Aboveground Storage
Tank)during a continuous time period.
Closure Inspection ai
i ..
An inspection performed during or after a storage tank system closure event in order to determine if
the system was closed in accordance with Department rules. Additional site visits may be needed to
complete the closure inspection form for a closure event. No compliance inspection will be performed at a
closed facility after a closure inspection. �O
Complaint
0
An expression of dissatisfaction received by DEP or local government personnel from a perscn who U
is concerned about a storage tank system installation, removal, operation,or contamination situation. ami
(—
Complaint Investigation co
ai
All work associated with responding to verbal or written complaints and inquiries including the
investigation and reporting of possible violations of storage tank system rules and suspected releases. The
contractor shall conduct complaint investigations for any complaints received from any source or as
requested by the Department. The investigation should include a complete and thorough Chapter 62-761
end 62-762, F.A.C. inspection for regulated facilities as appropriate. Inspections of regulated and Q
unregulated facilities should be conducted using the FIRST system. ,r
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Complaint Referral E
a)
If it is determined to be beyond the scope of authority of the contractor,a complaint may be referred re
to the Department District Office or other appropriate agency. The referrals shall include copies of all forms
and documented findings of the investigation as required by the Department. a
E
Compliance Verification Program
A locally administered program for the inspection of storage tanks as authorized in 376.303(1)(a)F.S. Q
The purpose of this program is to determine and enforce compliance with Chapter 62-761, F.A_C.
DEP Contract No.GC690.Attachment A.Noel of 5 , Packet Pg. 756
1�C.1m
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Compliance without Enforcement(CWOEI
A return to fut compiiance without format enforcement. Full compliance can beverified through are-
inopocdon, closure or installation inspection,receipt of records in the county officeor the receipt of any other u)
information, through the mail, during a meeting, or a site visit, that indicates a facility, previously determined -~
to be out-of-compliance is now in-compliance. Once a case has been referred to the Department's District ^"
os
Office for formal enforcement, it is no longer a CWOE. i—
Contractor-owned Facility
A regulated facility owned or directly controlled by the local county government(the Contractor) u/
es
Discharge Inspection
o
An inspection performed by the contractor as a result of a notification of a discharge from a regulated o
^ facility or a potentially regulated facility. A compliance inspection where a discharge is initially noted will only �
be counted as compliance andaD|schanUeRepo� Form inspection notbenuqui�d� A —
discharge discovered at any other time would require a separate inspection within ten (10)working days of
reporting.
Ecosystems Management and Restoration Trust Funds a)�
Any fund with disbursements made in a manner consistent with the intent of Section 403.1651.
� @ Florida Statutes.
Environmental Specialist I ��
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AnEnv�nnmento| Spec�Ua�| muathave� er
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-A bachelor's degree from an accredited college or university with a major in one of the physical or N�
natural sciences or engineering;or co
'Ann�dor'mdegree ho �
man�ocditodco||eQeorunivemity\nnneofthephyo|oe\ornatundaoiencao `-
or engineering;or N
-Professional experience in environmental protection, regulation or health; one of the physical or c*
natural sciences; or engineering can substitute on a year-for-year basis for the required college —
education. �
w |
Note: Substitutlons for qualified personnel can be made at the written discretion 0f the Department hv |
based on the tenure of professional experience in a directly related field. a)
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Environmental Specialist Ii
An Environmental Specialist II must have: 5
-A bachelor's degree from an accredited college with a major in one of the physical or 4E'
‘ natural sciences or engineering and two years of professional experience in environmental o
protection, regulation or health;one of the physical or natural sciences;or engineering;or cu
-A master's degree from en accredited college or university in one of the physical or natural sciences tu.
or engineering and one year of professional experience as described above;or co
' -A doctorate degree from an accredited college or university in one of the physical or natural sciences
or engineering;or ce
-One yeerofexpehonoeaaonEnvironmental 8pe�edk�}w� R
with the
-Professional experience in environmental pmtuct|on, regulation or health; one of the physical or
natural sciences; or engineering can substitute on a year-for-year basis for the required college
education. <
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DEP Contract No.00690,Attachment A,Page 2 of 5 Packet Pg. 757
16.C.1.a
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Note: Substitutions for qualified personnel can be made at the written discretion of the Department E
based on the tenure of professional experience in a directly related field. a�
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Environmental Specialist IiI
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An Environmental Specialist III must have;
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-A bachelor's degree from an accredited college or university with a major in one of the physical or
natural sciences or engineering and three years of professional experience in environmental U
protection, regulation or health;one of the physical or natural sciences;or engineering;or
-A master's degree from an accredited college or university in one of the physical or natural sciences
or engineering and two years of professional experience as described above; or c
-A doctorate degree from an accredited college or university in one of the physical or natural sciences
or engineering; or
-Two years of experience as an Environmental Specialist I or higher with the State of Florida; or
-Professional experience in environmental protection, regulation or health; one of the physical or
natural sciences; or engineering can substitute on a year-for-year basis for the required college
education.
a)
Note: Substitutions for qualified personnel can be made at the written discretion of the Department Q
based on the tenure of professional experience in a directly related field.
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Environmental Supervisor II
U)
An Environmental Supervisor II must have:
us-A bachelor's degree from an accredited college or university with a major in one of the physical or
natural sciences or engineering and three years of professional experience in environmental
co
protection,regulation or health;one of the physical or natural sciences;or engineering; or
-A master's degree from an accredited college or university in one of the physical or natural sciences ca
or engineering and two years of professional experience as described above; or ce
-A doctorate degree in one of the physical or natural sciences or engineering;or
-Two years of experience as an Environmental Specialist I or higher with the State of Florida; or
-Professional experience in environmental protection, regulation of health; one of the physical or
natural sciences; or engineering can substitute on a year-for-year basis for the required college
education.
An Environmental Supervisor II must supervise at least two professional environmental positions to be
classified as an Environmental Supervisor II. If this criterion is not met,the position must be classified as an m
Environmental Specialist IiI (see requirements above).
Note: Substitutions for qualified personnel can be made at the written discretion of the Department a
based on the tenure of professional experience in a directly related field.
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Florida inspection Reporting of Storage Tanks(FIRST)
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FIRST is an information gathering application utilized by inspectors in the field to input data on the
conditions of any facility state-wide? The information is collected by the inspectors in all 67 counties using a ami
laptop computer and then transferred to Tallahassee via the Internet multiple times daily. E
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Installation Inspections E
The initial inspections performed at new facilities at the time of installation in order to determine if the •-
storage systems will be installed in accordance with Department rules. N
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Level 1 Enforcement
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The minimum level of enforcement responsibility that a local government must perform as c
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part of the Compliance Verification Program. The Department has the responsibility for the lead in ca
enforcement actions. The contractor shalt follow department enforcement guidelines and updates U
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thereto as specified in the DEP Enforcement Manual. The contractor is responsible for:
L
1. Issuing Noncompliance and Warning Letters. Y
2. Conducting or participating in informal compliance or technical meetings with to
owner/operators to resolve violations. L
3. Documentation of phone calls,meetings, etc.,to prepare enforcement referrals to the ,o
Department. c
4. On site inspections and re-inspections. m
5. Testifying at hearings,witnessing as requested.
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1 Level 2 Enforcement Q
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The highest level of enforcement for a contracted local government where the contractor has the m
enforcement lead and enforcement Is carried out under the contractor's ordinance. The contractor must also: m
1. Take the lead in the discovery process.
2. Be responsible for judicial remedies,including the determination of civil penalties, injunctive
l relief, and assessment of damages. m
3. Complete Consent Orders, Notices of Violation,and Final Orders. N
4. Perform post judgment enforcement activities. --
5. Obtain inspection warrants as needed.
m
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Non-compliance Letter N
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A letter sent to a facility owner/operator after discovery of a violation or problem at a facility.
R
Public Assistance I-
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Public assistance includes all work related to providing technical,regulatory and other information to a
citizens,government officials,associations,planning councils,and consultants in order to implement the +,
j storage tank program for above and underground storage tank systems. Examples include rule interpretation ami
meetings or calls,speeches,presentations,and meetings with local officials. E
Regulated Chapter 62-761 and 62-762,F.A.C.Facilities a
A regulated facility,which has at least one storage tank system that stores a regulated substance that m
is either in-service,temporarily out-of-service,or unmaintained,and includes federal facilities. E
a)
Registered Improperly Closed Facility y
a)
A facility with one or more storage tank systems,which have been registered as being closed; where
there is no information or confirmation regarding the closure, If there are regulated active tanks at this facility E
it should be counted under the regulated (Chapter 62-761 and 62-762, F.A.C.) facilities category. These .E
i 0 facilities should only be inspected once and are normally only counted during the first contract year if o
applicable. Q
I
DEP Contract No.00690,Attachment A,Page 4 of 5 Packet Pt9.759
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EXHIBIT C N
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Re-inspection
A follow-up inspection performed by the contractor to verify correction of noncompliance items
requiring verification at the site for storage tank system rules. Re-inspections are required for all violations
identified as having a moderate or major potential fcr harm to the environment and moderate or major extent
of deviation from the regulations, as references in the Storage Tank Penalty Guidelines and Assessments
Memo. All violations, regardless of severity involving notification or reporting will not require a re-inspection. 0-
Routine
Routine Compliance Inspection
An inspection performed at a Chapter 62-761 or 62-762, F.A.C. regulated facility during the contract tj
period, for which a Storage Tank Facility Compliance Report Inspection Form has been completed. Routine
compliance inspections do not include enforcement-related re-inspections.
U
1. Unregistered Facility Compliance Inspection `o
A routine compliance inspection conducted at a site that contains one or more
petroleum storage systems that are regulated under Chapter 62-761 or 62-762, F.A.C. E
and has not been registered with DEP as a regulated facility. a)
a)
Secretary Specialist `t
One year of secretarial or office clerical experience and attainment of a typing score of at least 35
correct words per minute on the typing test administered by an office of the Job Service of Florida, the state
employment service of another state, or the central personnel agency of another state. Possession of a y
Certified Professional Secretary Certificate; or College education can substitute at the rate of 30 semester or ti)
45 quarter hours for the year of required experience; or Vocational/technical training in the area of secretarial
science or office/business studies can substitute at the rate of 720 classroom hours for the year of required o
work experience; or A high school diploma or its equivalent can substitute for the one year of work N
experience.
Warning Letter v
rn
A formal letter sent certified mail to a facility owner/operator when violations have not been resolved t
as a result of a noncompliance letter or if the violation merits more stringent enforcement. These letters 0
should follow a format approved by DEP's Office of General Counsel.
(I)
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK a
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EXHIBIT C
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Florida Department Of Environmental Protection •–
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Task Assignment Notification Form for Collier County
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Contract No. GC Task No. Amendment No. Date ca
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Performance Period: Effective the date of execution of this Task Assignment or July 1,
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whichever is later,and shall remain in effect until June 30, . 0
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Description: (Additional Pages May be Utilized) ni
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Payment Schedule: E
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Task Managers: +E'
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DEP Task Manager: Phone: a)
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Contractor Task Manager: Phone:
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Authorization:
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DEP Contract Manager Date cm
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Contractor's Contract Manager Date 1--
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DEP Budget Representative Date
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Funding: es)
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Org.Code LEX). lObject Code!Module !Special Categprvl Year 1 Amount 4e.
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Notes:
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CC: DEP Procurement Section(MS 93)
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Finance&Accounting,Contracts Disbursement Section(MS 78)-2 Copies u
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DEP Task Manager
Contractor Task Manager
DEP Contract No.GCS9O,Attachment B,Page 1 ofi Packet Pg.761
1
I6.C.1.a
EXHIBIT C
SUMMARY OF CONTRACTUAL SERVICES AGREEMENT/PURCHASE ORDER
FOR TASK ASSIGMENTS
C,
OLO/Department: 37—Department of Environmental Protection Agency Contact: E
Telephone#;
Collier County Board of County Commissioners Collier County Pollution Control&Prey ur
Contractor/Vendor/Payee: Department a
Contract/P.O.#: GC690 Total Contract Amount(ifappltebie) fa
Contract Start Date: Contract End Date:
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Contract Last Signed Date:
Task Assignment# 0
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Total Task Assignment Amount: Total Amount of Previous TA Payments:
Task Assignment Start Date: Task Assignment End Date: o
Type of Services: Storage Tank System Compliance Verification Program
Method of Payment:
❑ Fixed Rate Lump Sum ❑ Cost Reimbursement ❑ Cost Plus(any combination of these) ❑ Advance Funded d
Deliverables Including Minimum Performance Standards Payment Amount
Per Task Assi.nment m
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Method of Procurement: ❑ ITB ❑ RFP ❑ ITN ❑ 500 Reference# o
Single/Sole Source Emergency Certification
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Other(Specify) Exempt—Local Government _ H
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Management Controls:
(a) All the above information is true and correct;the undersigned management represents that controls are in place to insure
that goods/services are received and payments are made in accordance with contract terms. aa)
t)L
(b) All completed work will be verified in a certified statement signed by the contract manager or higher authority prior to payment. <
The undersigned understands that the office of the State Chief Financial Officer reserves the right to either appoint special
contract monitors or to conduct periodic site post-audits of any contracts. m
a)
Management Name(please print)
Management Approval Signature
co
Management Approval Date
Form DEP 55.213•TA(rev.10103) Summary or Contractual Services Agreement/Purcase Order for Task Assignments,DEP Contract No. GC690 Page 1 of 4
Distribution: Original:Contracts Section,M )93;Two(2)Copies:Finance&Accounting-Contrails Disbursements Section,MSSt78
Packet Pg.762