Agenda 01/09/2018 Item #16C 201/09/2018
EXECUTIVE SUMMARY
Recommendation to execute an Agreement to Compensate Contractor with the Department of
Environmental Protection (“DEP”) related to its Contract GC-690 with Collier County, thereby
facilitating the DEP to complete payment of a previous $25,000 offer related to the purchase of a
replacement county vehicle.
_____________________________________________________________________________________
OBJECTIVE: To execute an Agreement with the Florida Department of Environmental Protection to
compensate the county in an amount of $25,000 under Contract GC-690 as a contribution toward the
recent County purchase of a replacement county vehicle for the program staff.
CONSIDERATION: Collier County has continuously maintained revenue earning contracts with the
DEP since 1992 to undertake inspections of regulated storage tanks. The objective of the program is to
protect the groundwater, lands, and surface waters of the county from accidental discharges of hazardous
materials stored in regulated tanks. Under the former ten-year contract GC-690, which began on July 1,
2007, the DEP offered to compensate the county, their contractor, in the sum of $25,000 and the Board
accepted this offer at its April 14, 2017 meeting. The DEP failed to pay the revenue in a timely manner
and has proposed this Agreement to Compensate Contractor as a belated mechanism to complete the
transaction. The compensation is to help offset the acquisition, maintenance, operation and ownership of a
vehicle purchased by the county in May 31, 2017 for the expansion of the compliance verification
activities under Contract GC-690 and its renewals.
The relationship between the SHWMD and the DEP and the high standard of work over the past years by
county staff has significantly contributed to this offer. Fleet Management confirmed at the time of the
Board acceptance of the original offer that acquisition of the suitable vehicle as an addition to the county
fleet, using this funding source, was fully acceptable. Acceptance of this revenue saves rate payers
$25,000 for a vehicle planned for replacement.
FISCAL IMPACT: While the $25,000 offer did not fully cover the cost of the replacement vehicle
sufficient funds (about $35,000) to purchase the vehicle were available in the Solid and Hazardous Waste
Disposal Fund (470) on the understanding that the $25,000 would be recovered from the DEP.
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 Section 54-58 of the Codes &
Ordinances of Collier County for the purposes of protecting the groundwater, freshwater, surface waters
and other non-tidal water resources from all sources of pollution in the County. In addition, by ensuring a
high level of storage tank compliance, the program provides a measure of pollution prevention to the
citizens and visitors of Collier County from hazardous material discharges, that are typically
flammable/combustible, reactive, carcinogenic to humans, or toxic to all forms of life.
RECOMMENDATION: That the Board of County Commissioners recognizes the Department of
Environmental Protection’s previous offer and the County’s acceptance of $25,000 in revenue for
purposes of acquiring a replacement vehicle for the program, and authorizes the Chair to execute the
attached Agreement to Compensate Contractor.
Prepared by: Philip Snyderburn, Principal Environmental Specialist
Alister Burnett, Manager Environmental Compliance
Solid & Hazardous Waste Management Division
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ATTACHMENT(S)
1. FDEP Agreement with CAO Stamp (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.C.2
Doc ID: 4370
Item Summary: Recommendation to execute an Agreement to Compensate Contractor with the
Department of Environmental Protection (“DEP”) related to its Contract GC-690 with Collier County,
thereby facilitating the DEP to complete payment of a previous $25,000 offer related to the purchase of a
replacement county vehicle.
Meeting Date: 01/09/2018
Prepared by:
Title: – Public Utilities Department
Name: Heather Bustos
12/12/2017 9:37 AM
Submitted by:
Title: Department Head - Public Utilities – Public Utilities Department
Name: George Yilmaz
12/12/2017 9:37 AM
Approved By:
Review:
Public Utilities Operations Support Joseph Bellone Additional Reviewer Completed 12/12/2017 9:51 AM
Solid and Hazardous Waste Dan Rodriguez Additional Reviewer Completed 12/15/2017 12:18 PM
Public Utilities Department Heather Bustos Level 1 Division Reviewer Completed 12/18/2017 12:37 PM
Public Utilities Department George Yilmaz Level 2 Division Administrator Review Completed 12/20/2017 2:38 PM
County Attorney's Office Scott Teach Level 2 Attorney Review Completed 12/20/2017 4:45 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 12/21/2017 8:41 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 12/26/2017 9:21 AM
Budget and Management Office Mark Isackson Additional Reviewer Completed 12/27/2017 9:32 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 12/28/2017 2:47 PM
Board of County Commissioners MaryJo Brock Meeting Pending 01/09/2018 9:00 AM
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AGREEMENT TO COMPENSATE CONTRACTOR
THIS AGREEMENT is made and entered into by and between the Department of Environmental Protection, an agency of the State, (hereinafter "Department"), 2600 Blair Stone Road, Tallahassee, Florida 32399-2400 and the Collier County Board of County Commissioners, (hereinafter "CONTRACTOR"), 3339 Tamiami Trail East, Suite 302, Naples, FL 34112-5361. to resolve certain matters at issue between the Department and Contractor.
WITNESSETH:
WHEREAS, pursuant to Section 287.058(1), F.S., a procurement of contractual services and
associated equipment ("services") in excess of $35,000 is required to be evidenced by a written
agreement embodying all provisions and conditions of the procurement of such services, including
but not limited to subsections (a}, (b), (c), (d}, and (e), and
WHEREAS, pursuant to Section 287.058(2), F.S., except in cases involving a valid
emergency, said written agreement is required to be signed by both the agency head and the
contractor prior to the rendering of services, and
WHEREAS, pursuant to Section 287.058(2), F.S., if the agreement is not signed by both
parties, and if a valid emergency does not exist, the agency head is required no later than thirty (30)
days after the contractor begins rendering the service to certify the specific conditions and
circumstances, as well as describe actions taken to avoid the recurrence of the noncompliance, and
WHEREAS, the Department and Contractor entered into a Contract (GC690) to perform
inspections of regulated storage tanks and related activities in 2007. See Exhibit A. Such contract
was amended several times. The amendment related to these facts was executed in 2012 (DEP
Contract Amendment No. 2), which provided specifically (see EQUIPMENT language, in amended
paragraphs 5.C • 5.E.) for the Department to assist with the Contractor's purchase of a motor vehicle
to be used to travel to regulated storage tank facilities in order to perform inspections. See Exhibit
B.In addition, this amendment required that the Department only compensate the Contractor "on a
fee schedule basis in accordance with the rates specified in each Task Assignment .. .lt is hereby
understood and agreed by both parties that the compensation provided under this Contract shall not
exceed the amount specified in each Task Assignment for each specified period." On December 16,
2016, the Department executed a second Task Assignment (subject TA) providing DEP "funding to
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offset the acquisition of vehicle for expansion of compliance verification activities under this
Contract.. .. " See Exhibit C.· This subject TA identified a cost ceiling of$25,000, however, no rate
for vehicles was provided for in the Contract's fee schedule. The Contractor, using the vendor
procured .usmg state and local procurement procedures, purchased a truck, and received the truck in
May 2017. Pursuant to the subject TA, Contractor invoiced the Department by May 31, 2017. See
Exhibit D. The agency head has not within the prescribed thirty (30) day period either certified a
valid emergency, or in the absence of a valid emergency, certified the specific conditions and
circumstances which caused the noncompliance,
WHEREAS, the Chief Financial Officer of the State of Florida (Comptroller Memorandum
No. 4 (87/88)) requires a settlement agreement be executed for services rendered without a written
agreement, and
WHEREAS, the Contractor has a claim for payment for the said services, and the Department
desires to settle and discharge such claim, and
WHEREAS, the Contractor agrees to be bound by the terms and conditions set forth in
Exhibits A-C, attached hereto and incorporated by reference herein, in the performance of the work
subject of this settlement agreement.
NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties
agree as follows:
a.The Department approved paying $25,000.00 to offset expenses for the purchase of a
vehicle to be used by storage tank compliance inspectors in a TA pursuant to a contract with the
Department. The contractor purchased the vehicle and has properly invoiced the Department
(Exhibit D). The Department shall pay the Contractor a total of $25,000.00 as compensation for the
acquisition of a motor vehicle. These expenses are fixed prices and the Contractor shall not be
entitled to any additional compensation from the Department.
b.Upon receipt of payment, as provided in paragraph (a), the Contractor, for its attorneys,
heirs, executors or administrators, does hereby fully, finally and forever release and discharge the
State of Florida, Department of Environmental Protection, and its agents, representatives, and
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attorneys, of and from all claims, demands, actions, causes of action, suits, damages, losses and
expenses, of any and every nature whatsoever, arising out of or in any way related to the contracts
and state project and invoices for such work including, but not limited to, those claims asserted or
other claims that were or may be asserted in any federal, state or local agency or court, by or on
behalf of the Contractor
c.This Agreement shall be binding on and inure to the benefit of the parties and their
respective legal representatives, successors, and assigns.
d.The Contractor agrees to be bound by the tenns and conditions set forth in Exhibit B,
attached hereto and incorporated by reference herein, for performance of the work which is subject
of this settlement agreement.
e.Upon the execution of this Agreement, the terms hereunder shall become effective only
upon the subsequent approval thereof by the Chief Financial Officer of the State of Florida, pursuant
to Section 17.03, Florida Statutes.
IN WITNESS WHEREOF, the parties have executed this agreement on the dates indicated below
and this agreement is effective on the later of the two dates.
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS (Contractor)
By:
Title: ------------
Date: -------------
ATTEST
DWIGHT e. BROCK. CLERK
BY: ______ _
Approved as to form and legality Q)
Scott R. Teach, Deputy County Attorney
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By.�
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EXHIBIT A
___ ... .,.,, .. <:;·,:···;, .. ,
DEP CONTRACT No. aceso .· RE c·E 1 vuoFLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION · AGREEMENT FOR STORAGE TANK SYSTEM 07 APR 31 · AM 9: 3·2· · COMPLIANCE VERIFICATION PROGRAM FOR COLLIER COUNTY POLL. CONT. l PREY. DEPT.
CONTRACTOR
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Collier County Pollution Control and Prevention Department 3301 Tamiami Trail E, Bldg H Naples, Florida 34112
FEID NO.: 59-6000558
In consideration of the mutual benefits to be derived herefrom, the Florida Department of Environmental Protection roeP" or "Department") does hereby retain Collier county Board of County Commissioners ("CONTRACTOR") for the specific purposes and duties as outlined herein within Collier County and the parties do hereby agree as follows:
INTRODUCTION
1.To assist the CONTRACTOR In complying with the terms and conditions established herein,standard program terminology used throughout this Contract Is defined and provided in AttachmentA. Standard Contract Definitions, attached hereto and made a part hereof.
2.It Is hereby understood and agreed 1hat all references In this Contract to Florida Statutes (F.S.) and
the Florida Administrative Code (F AC.) shall be for the laws, rules and guidance documants ineffect at the time work Is performed by the CONTRACTOR.
SCOPE OF SERVICES
3.Perform compliance Inspections within the jurlsdlctlonal (geographical) boundaries of the specifiedcounties, includlng facilities registered to the CONTRACTOR as required by an executed TaskAsslgnment(s) at the followlng Chapter 376, F.S., faclllties: storage tanks regulated pursuant toSections 376.30 -376.317, F.S. (excluding cattle dip vats, dry-cleaning facilities and designatedBrownflelds) and Chapters 62-761 and 62-762, F.A.C., including mlneral acid tanks regulated by theDEP in accordance with Sections 378.320 -378.326, F.S. In addition, perform clo&ure inspections,Installation Inspections, discharge inspections, re-inspections, and emergency response activities,as appllcable, In accordance with each Task Assignment. All Inspections shall be performed by anlndivldual(s) in a position equivalent to an Environmental SpedaHst I level or higher. Beginning onthe effective date of this Contract, the CONTRACTOR Is authorized to enter private property Inorder to e&ITY out Inspections pursuant to Sections 403.091 and 403.858, Florida Statutes.
4.Inspection Priorities. Inspections should be perfonned in accordance with each executed TaskAssignment in the following priority order:
A.Perform a discharge inspection at all facUities with known or suspected discharges Involvingfree product Within twenty-four (24) hours of 1"8G&lpt of notification. Prepare and send a Site
Assessment Report request letter to the facility owner and operator, If appropriate, and asdirected by the DEP Task Manager.
DEP Contract No. GC890, Page 1 of 13
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EXHIBIT A
B.Perform a discharge lnspectiGn at all facilities with known or suspected discharges within ten(10)working days of receipt of notification. Prepare and send a Site Assessment Reportrequest letter to the facility owner and operator, If appropriate, and as directed by the DEPTask Manager.
C.Perform all closure Inspections at known slx>rage tank system closure activities.
D.Perform all Installation Inspections of known new klstallallons to ensure that ·the system orsystem component Is property constructed and Installed In accordance with Chapters 62-781and 62-782, F A.C., as applicable.
E.Perform routine compliance inspections and required re-Inspections of facllltles listed on eachexecuted Task Assignment based on resources and prlorltiet&, Facllties not inspected duringthe current executed Task Asslgmient, will be prtorltlz.sd to be inspected during thesubsequent Task Assignment. This list wlll Include all faeilltles with at least one slngle-waffedregulated system.
F.Re-Inspection& should be perfonned as needed to verify compliance of Items ldentffled asrequiring a re-Inspection, as referenced In the ·storage Tank System Program Vlolatlon List"(Ouidance Doa.iment A). All violations, regardless of severity, which solely invOIVe notificationor reporting, will not require a re-inspection, unless otherwise required In Guidance DocumentA. The CONTRACTOR wfll not be requhd to perform a re-Inspection if the CONTRACTORand the OEP's Task Manager agree that it Is unwarranted.
5.Site Inspections responslbllltlea shall include:
A.Contacting facility owners or operators. verbally or In writing, to schedule complianceInspections, lnstallatlon Inspections, closure Inspections, discharge inspections, and reInspections. The DEP Task Manager may require written notiflCatlon of Inspections If verbalmethods have proven unsallsfectory.
8.With the exception of CONTRACTOR-own�operated facilities, meeting with the owners,operators, and/or other authorized representatives of all regulated facllltles for the purpose ofdetennlnlng compliance with Chapters 62-761 and 62-762, F .A.C., and Chapter 376, F. s.
C.Distributing registration fonns to all unreglsterad faclllties that become known to theCONTRACTOR as they are. dlscoYered, performing compliance inlpectl9Jls at allurnglstered facilities that are subject to Chapters 62-761 and/or 62-762, FAC., as they aredlS00Vered, and taking appropriate measwea where required to bring these facilities intocompliance.
E.Complatlng all Inspection reports using the Florida Inspection Reporting for Storage Tanks(FIRST) database and In accordance with the minimum standards referenced In the ·FIRSTUser's Gulde" (Guidance Document B).
F.Respondi'lg to complaints by pBffonnlng a complaint inwstlgation. documenting actions takenand maintaining appropriate copies of au complaint Information u directed by the DEP TaskManager.
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 andsubmitting them to the DEP Contract Manager within ten (10) days of the DISdlargeInspection. Submit the complete electronic form With comments, the Discharge ReportingFonn (ORF) and photographs.
DEP Contract No. GCl90, Page 2 of 13
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-• EXHIBIT A
I.Completing an Underwriters Laboratories (UL) Flex-Pipe Incident Notification Form upon thediscovery of any structural ·or material compatlbitity problems lnwlvlng. Flex-Pipes andsubmitting them to the DEP Contract Manager within ten (10) days of discovery. A copyshould also be submitted to UL.
6.Perform Level 1 enforcement actions.
A.. These actions shall Include Investigation and documentation of violations of Chapters 62-761and 62-762, F.A.C., or the county's-equivalent reguletfons, prepaation of noncompliance letters and related activities as described In Attachment A and In accordance With the ·storage Tank System Program Vlolatlon List" (Guidance Document A) and "Level of EffortGuidance• (Guidance Document F).
B.An lndivldual(s) In a posHlon equivalent to an Environmental Specialist II l�vel or higher shallconduct Level 1 enforcement activities. Noncompliance letters may be prepared and sent byan indivldual(s) at the Environmental Specialist I level under the direction of an Individual atthe Environmental Specialist fl level or higher.
C.All enfOrcement documents shall be on DEP forms, In OEP format, or have DEP approval.
D.All noncompliance letters shall be Issued through FIRST in such a way as to ensure thedatabase's_ capture of these actMtles for report purposes.
E.Any penalties assessed under this Contract shall be in accordance with DEP Directive 923:Settlement Guidelines for Ctvn and Administrative Penalties (Guidance Document J).
F.If there ls any Indication that enforcement actions are not being performed; the DEP TaskManager may request the submission of a Corrective Action Plan. The Task Manager shallbe responsible for reviewing the plan and notifying the CONTRACTOR If the plan Is approvedor in need of revision.
7.Assessment of Performance Levels.
A.The CONTRACTOR shall perform inspections as directed in the previously stated PriorityOrder In paragraph 4, above, and assess pe,formance levels monthly to determine itsprogress towards completion of each Task Assignment Upon discovery of any problems thatwould delay or prevent the timely progress and completion of each Task Assignment, theContractor shall notify the DEP Task Manager.
et Following the effective date of each Task Assignment, the CONTRACTOR should have completed the folowlng percentage of the required routine compliance Inspections unless otherwise indicated in the Task Assignment:
(1)After four (4) months, thirty.three percent (33%) of Inspections should have beencompleted.
(2)After eight (8) months, sixty-six percent (66%) of Inspections should have beencompleted.
(3)After twelve (12) months, one hundred percent (100%) of Inspection should have beenoompletecl.
C.If the actual number of required routine compliance inspections falls below twenty percent(20%) for the fourth month, thirty percent (30%) for the fifth month, forty percent (40%) for thesixth month, forty-eight percent (48%) for the seventh month, fifty-seven percent (57%) for theeighth month, sbcty-fJVe percent,{85%) for the ninth month, seventy-three percent (73%) for
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• EXHIB_ITA
the tenfh month or eighty-two percent for (82%) the eleventh month, then the CONTRACTOR shall submit a Corrective Action Plan, wHhln ten (10) days of receipt of a written request frOm the DEP Task Manager, to the DEP Task Manager describing the steps that win be taken to meet the tenns of the Task Assignment.
D.If there Is any indication that other required Inspections or activities are not being perfonned,the DEP Task Manager may request the submission of a Corrective Action Plan (Plan).
E.The DEP ·Task Manager shall be responsible for reviewing lhe plan and notifying theCONTRACTOR If the Plan Is approved or In need of revlBlon.
F.If the CONTRACTOR does not successfuHy implement the Plan as ap proved by the DEPTask Manager for the remaining months of the Task Assignment, the DEP may withholdfurther payment of monthly lnvolcaa until such time as the CONTRACTOR oomes intocompliance with those perfonnance levels as outlined in paragraph 7 .B., above.
G.A completion rate of 100 peroent is required for those activities described In Paragraph 3,above, and as set forth In each Task Assignment, unless otherwlte Indicated In the TaskAssignment.
H.�n the event the CONTRACTOR Is unable to meet 100% performance levels set forth In theTask Assignment, the DEP reserves the right to seek cost recovery according to thepercentage of the amount identified In each executed Task Assignment. unless failure of theCONTRACTOR to perform Is documented to be beyond the foreseeable control of theCONTRACTOR (I.e. a force maJeure event).
8.The DEP shall authorize 1he CONTRACTOR to provide services under this Contract utilizing theTask Assignment Notification Form, attached hereto and made a part hereof as Attachment B. TheCONTRACTOR acknowledges lhat no work shall be performed until a Task Assignment authorizingwork has been fully executed by the OEP and the CONTRACTOR. If, during the tenn of anexecuted Task Assignment, a modification of the Task Assignment Is needed, the DEP may Issue anew Task Assignment Fonn dearly marked with the original task number and the appropriateamendment number, detalllng the revised description of the work to be performed. As with theoriginal T•k Assignment, an amendmenta to Task Assignments must be executed by both the DEPand the CONTRACTOR prior to the work being perfonned.
CONTRACTOR RESPONSIBIUTIES
9.The CONTRACTOR shall administer the compllance verification program, provide technicalassistance, and perform level 1 enforcement actions. Data generated frOm all Inspectionsconducted under the direction of the OEP shall be entered. Into FIRST prior to the submittal of anInvoice to the District. The CONTRACTOR shall a180 conduct "'Discharge Prevention ResponseCertificate (OPRC) Inspections• (Guidance Ooa.ment H) at all applicable facllllies pursuant to Rule62N-16.032, FAC.
10.The CONTRACTOR shall comply with al provisions of this Contract, verify facllity compliance withChapter 376, F.S., Chapters 62-761, 62•762, and 82N-18.032, FA.C., end be knowledgeable of thedifferences between the state and federal environmental statutea and rules appllcable tounderground storage tanks.
11.The CONTRACTOR shell require that qualifled Individuals perform field Inspections and that theyreceive training on Chapters 62-761. 82-782, and 82N-16.032, F AC., Chapter 376, F.S., RCRASubtitle I siandards and DEP enforcement procedures.
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EXHIBIT A
12.The CONTRACTOR shall provide a sufficient number of qualified staff to satlstactorfly complete allthe responslbllHles Included in this Contract. All lndMduals hired after the-effective date of thisContract shall possess qualifications equlvalent to DEP position levels as specified In this Contract.
13.All field inspectors and enforcement-personnel shall attend and complete scheduled storage tankInspector training courses and pass any examinations. If the employee falls to pass, the employeemay take the examination at the next offered training class. During this period the employee maycontinue to perform ·Inspections. However, subsequent rauure to provide certified llllp9Ctors will
result In a reduction of the fixed. price negotiated In the Task Assignment.
14.The CONTRACTOR shall determine the accurate latitude-and longitude coordinates for each facllltyinspected using DEP-approved procedures (Source Water Assessment Program (SWAP)
Webpoint) and ensure the proper entry of this data into the DEP Inspection database.
15.The CONTRACTOR shall revie\v closure reports filed by faclllty owners or operators to insure thatthe DEP's ·storage Tank System Closure Requirements" (Guidance Document C) have beenfollowed. In cases where these requirements have not been met, the CONTRACTOR shalJ initiateLevel 1 enforcement actions to compel compliance. In cases where these requirements have beenmet and none lhe of OEP's cleanup target levels have been exceeded, the CONTRACTOR shallIssue a Closure Report Review Letter for the system or component descnbed In the Closure ReportIndicating the Closure Report meets the requirements of Chapter 62-761 and/or 62-762, F.A.C. Incases where cleanup target levels have been exceeded, the CONTRACTOR shall follow furtherdirection from the DEP Task Manager.
16.The CONTRACTOR shall maintain flies on regulated facilities for inspection reports, nc;,ncompllanceletters, warning letters, or any other related enforcement documentation, telephone logs and written
correspondence .from the facility that may not be available In FIRST. In the event a case referral to
the DEP District Office for further enforoement Is n�sary. a case summary, a copy of anydocuments pertinent to the case that are not available In FIRST, and a letter of referral shall besubmitted to the DEP District Office in accordance wilh the ·Guidelines for Case ReferralS(Guldance Document I).
17.Facility files must be kept until the site has been determined closed. Once the facility has beenclosed for five (5) years, the records shall be sent to the DEP Contract Manager In Tallahassee for
preservation, unless the CONTRACTOR Is subject to more stringent local record retentionrequirements. Coples 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
_ lnspecUon program (lhrough this Contract or any future contracts) ceases, the CONTRACTOR shall
return all original facility files to the DEP Task Manager within 30 calendar days of Contractexpiration or termination;
18.The CONTRACTOR shall provide complete copies of discharge packages (discharge reportingform, discharge Inspection report, Site Assessment Request letter (If required)) to lhe OEP TaskManager and OEP Contract Manager wlthil thirty (30) days of receipt of the reported· dlsdlarge.
19.The CONTRACTOR shall provide attendance of at least one program staff member at scheduledmeetings and at scheduled teleconferences, including the Tanks Conference, The DEP TaskManager may authorize attendance at a location other than the District Office. The CONTRACTORshall provide attendance of additional staff members as requested by the DEP.
20.The CONTRACTOR shall maintain a current set of the reference standards as contained in
Chapters 62-761 and 62-762, F.A.·c.
21.The CONTRACTOR shall ensure that all field personnel receive the health and safety trainingrequired to meet OSHA standards (an lnlUal 24 or 40 hour course within 8 months of empl*'1ent
under this contract. foUowed by an amual 8 hour refresher course).
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-EXHIBIT A
22.The CONTRACTOR·shall supervise the Local compliance Program with an Individual at a minimumequivalent to the DEP's Environmental Specialist Ill personnel category.
23.The CONTRACTOR shall perform all clerical activities for the aboV&-mentloned tasks, by anIndividual at a minimum equivalent to a Secretary Specialist level or higher.
24.The CONTRACTOR shall provide copies of applicable rules, Inspection forms, and otherprogram/public asalstance Information to the public and regulated Interests. However, this provisiondoes not authortze photocopying of reference documents In violation of copyright law.
25.The CONTRACTOR shall use recycled paper for all program COCTeSpondence and documents.
26.The CONTRACTOR shall meJntaln financial books. records, and documents directty pertinent toperformance under this Contract In accordance with generally accepled accounting principlesconsistently applied. . All books, records, and documents pertinent to perfonnance under thisContract shall be maintained for the entire term of this Contract and for five years following theexpiration or termination of this Contract. The DEP, the State, or their aulhorlmd representativesshall have access to such records for audit purposes during the entire term of this Contract and forfive years following the expiration or tennlnatlon of this Contract. · A penally of 8.3o/o of the currentTask Assignment amount will be assessed for each year that shows Insufficient record keeping.
27.The CONTRACTOR shall maintain a separate account (Trust Fund or Cost Center) within theCONTRACTOR'S accounting system for the receipt and disbursement of funds provided under thisContract so as to trace and monitor Inland Protection Trust Fund (IPTF) expenditures.
28.The CONTRACTOR shall provide a Statement of Revenue, Expenses and Fund Balance utilizingthe ·Guidelines for Preparing Year End Financial Statement" (Guidance Document G) for the periodof the executed Task Assignment within forty-five (45) days of payment of the twelfth Invoice for thecummt Task Assignment. H the CONTRACTOR fails to timely provide a Statement of Revenue,Expenses and Fund Balance within the forty-five (45) day period, the CONTRACTOR wi11 beassessed a five percent (5%) penalty based on the GUf1'8Mt Task Assignment amount The penaltyamount will be subtracted from Invoice Number 12 In the currant Task Assignment Year. TheCONTRACTOR Is still obligated to provide the Statement of Revenue, Expenses and Fund Balanceto the DEP even If the CONTRACTOR provides this statement after the 46-day deadline and Isassessed the five percent (5o/o) penalty.
29.If the CONTRACTOR's fund balance Is less than or equal to tan percent (10%) of Its current yearTask Assignment, the CONTRACTOR may retain the surplus provided that such surplus must beused pursuant to the provisions of this Contract, the Task Assignment and Section 376.3071,. F.S.If the CONTRACTOR's fund balance le greater than ten peroent (10%) of Its current year TaskAssignment amount, the CONTRACTOR shall refund to the DEP any and all amounts In excess often peroent {10o/o) of the current year Task Assignment amount. However, the CONTRACTOR censubmit to the DEP, with the Fund Balance Report. a written proposal to retain the funds that exceedthe ten percent (10o/o) of the cunent year Task Assignment. The DEP, at Its sole discretion, willthen detennine whether the CONTRACTOR may retain the funds greater that ten percent (10%) ofthe current year Task Asalgnment.
30.The CONTRACTOR shall not allocate funding to non-program activities outside the scope of thiSContract or any Task Assignment. Sections 376.3071 and 376.11, F .S., prohibit the use of IPTFand Florida Coastal Protection Trust Fund (FCPTF) moneys for purpoNI other than thole specifiedIn these sections.
31.Access to DEP databases shall be made by using an Internet connection. Therefore, theCONTRACTOR Is responsible for subsa'lblng to and paying for all charges related to use of the
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services of a reputable Internet service provider. The CONTRACTOR must have a dedicated
Internet line for FIRST.
32.Guidance Documents. The CONTRACTOR agrees that the services required under this Contract
shall be performed In accordance with the guidance documents llsted below and In accordance with
the provisions of this Contract. The CONTRACTOR acknowledges that these documents may be
amended and the services required under this Contract shall be performed in accordance with the
versions in effect at the time work is performed by the CONTRACTOR. The CONTRACTORhereby acknowledges receipt of the followlng guidance documents:
A.Guidance Document A •• Storage Tank System Program Violation List.B.Guidance Document B --Florida Inspection Reporting for Storage Tanks (FIRST) User
Requirements C.Guidance Document C -storage Tank System Closure RequirementsD.Guidance Document D -Compliance Verification Program Local Program ReviM Form:
E.Guidance Document E -Contractual Services InvoiceF.Guidance Document F -Level of Effort Guidance,G.Guidance Document G -Guidelines for Preparing Year End Financial StatementH.Guidance Document H -Discharge Prevention Response Certificate (OPRC) Inspections
I.Guidance Document I -Guidelines for Case ReferralsJ.Guidance Document J •• DEP Directive 923: Settlement Guidelines for Civil and
Administrative Penalties
33.The CONTRACTOR shall provide a written response to the Program Review findings conducted Inaccordance with paragraph 42, below, and at a minimum, provide delalls on any corrective actionsthat will be Implemented.
34.The CONTRACTOR shall submit a satlsfacto,y Corrective Action Plan to the DEP Task Managerupon 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 levelof 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 S!Ubtracted from invoiceNumber 12 In the current Task Assignment Year.
35.The CONTRACTOR Is responsible for the professional quality, technical accuracy, and coordinauon
of all repons and other services fumished by the CONTRACTOR under this Contract. TheCONTRACTOR shall, without additional compensation, correct or revise any errors, omissions, orother deficiencies In Its reports and other services.
DEP RESPONSIBILmEs
36.The DEP shall administer the "Storage Tank Training Course" to provide Inspector training for allCONTRACTOR Inspectors and enforcement personnel.
37.The DEP shall serve In an advisory capacity to the CONTRACTOR. The DEP shall make legalInterpretations 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 62-761 and 62-762, F .A.C., asrequired by this Contract.
38.The DEP shall review completed inspection reports when and as deemed necessary.
39.The DEP shall provide program and regulatory guidance for the CONTRACTOR. The OEP shallprovide training In new technology and program management changes at the Annual Program andSupervisors' MeeUngs.
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40.The DEP shall conduct enforcement activities for violations of Chapters 82-761 and 62-762, F .A.C.,when case referrals are property made and forwarded to the Dlstrfot OfflCe In accordance with the"Guidelines for Case Referrals· (Guidance Document I).41.The OEP shall provide Information to the CONTRACTOR about DEP registered storage tanksystem equipment, alternate procedures (waivers, variances, or registrations), licensed PollutantStorage Systems Contractors (PSSC), and Registered Precision Tank Testers.
42.At least once annually, 1he DEP shall perform a Program Review using the "Compllance VerificationProgram Local Program Review Form· (Guidance Document D), and provide a copy of the ProgramReview findings to the CONTRACTOR upon completion of the Program Review. TheCONTRACTOR shall be notlfted at least fourteen (14) calendar days prior to a review of theCONTRACTOR'S hard copy facDity files so that the CONTRACTOR may make arTangements tohave files and personnel available for the review es needed. The DEP may conduct lnspecUons,including accompanied Inspections and follow-up Inspections, at any reasonable time. In addition,the OEP may also conduct facnlty file reviews through FIRST at any time. The DEP Task Managermay perform additional program revfewa, as deemed necessary, to Insure 1he required performanceof the CONTRACTOR. The DEP Task Manager may forgo a Program Review for the next TaskAssignment for a CONTRACTOR that receives a score of 95 or greater on the Program Reviewduring the current Task Assignment.
TERM OF CONTRACT
43.This Contract shall become effective on the date of execution or July 1, 2007, whichever date Islater; and shall remain In effect until June 30, 2017. In accordance with Section 287.058(2), FlorldaStatutes, the CONTRACTOR llhaU not be eligible for reimbursement for services rendered prior tothe execution date of this Contract and the execution of a Task Assignment. The DEP anticipatesTask Assignments will be executed no later than July 1 of each year detailing the-requirements forthe next twelve (12) month period, Task Assignment performance periods may not extend beyondthe completion date of the � established above. This Contra� may be renewed for anadditional telm not to exceed the original Contract period or three (3) years, whichever Is longer.Renewal of this Contract shaU be In Writing and subject to the same tenns and condHlons of thisContract. All renewals are contingent upon satisfactory performance by the CONTRACTOR and theavallablty of fl.Inds.
NOTICES
44.Any and all notices shall be delivered to the parties at the following addresses:
CONTRACTOR RobenWard Collier County Board of County Commissioners Collier County Pollution Control and Prevention Department 3301 Tamlaml Trail E, Bldg H Naples, Florida 34112
COMPENSATION
DEP Mr. Marshan Mott-Smith Department of Environmental Protection Bureau of PetroleUm Storage Systems 2600 Blair Stone Road, MS452S TaHahassee, Florida 32399-2400
45.For satisfactory performance, DEP agrees to compensate the CONTRACTOR on a fixed price basisas described by each executed Task Assignment. It 18 hereby undemood and agreed by bothparties that the compensation provided under liis Contract shall not exceed the amount negotiatedIn each executed Task Asslgrment for each specffied period. The DEP's calculation of 1he fixed.price Identified aboVe Is outlined In the executed Task Assignment Notification Form.
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EXHIBIT A
46.The state of Florida's perfonnance and obllgatlon to pay under this Contract 18 contingent upon anannual appropriaUon by the Legislature and continuation of other funding presently anticipated.
PAYMENTS
47.The CONTRACTOR shal submit monthly invoices in the amount specified In the executed TaskAssignment. Each Invoice shall be submitted using the "Contractual Services Invoice" (GuidanceDocument E). Each Invoice Is due no later than the 15th day of 1he month following the month ofservices. Travel expenses associated with the annual meeting, Tanke Program SUpervtsOr'sMeetings, and travel required for inspections, enforcement re-Inspections, district coordination,training and monthly teleconferences are Included In the monthly payment schedule and no
additional travel expenses will be aulhorlzed. Each Invoice must be submitted in detail sufficient forpre-audit and post-audit review. A final Invoice for each Task Assignment must be submitted asdirected by the DEP prior to the completion date of the executed Task Asslgrvnent to assure theavallablllty of fUndlng for payment. The DEP shaD pay all satisfactory Invoices in accordance withSection 215.422, F.S. Two copies of each invoice .shall be submitted to:
Department of Environmental Protection South District Office Attn.: Send to the DEP Task Manager's Attention 2295 Victoria Ave., Suite 364 Fort Myers, Florida 33902
48.Pursuant to Section 215.422, Florida Statutes, the DEP's Task Manager shall ha� five (5) workingdays, unless otherwise specified herein, to Inspect and approve the services for payment; the DEPmust 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. Daysare calculated from the latter date the invoice Is received or services received, inspected, andapproved. Invoice .payment requirements do not start until a proper and correct Invoice has beenreceived. Invoices which have to be returned to a contractor for correctlon{s) will result in a delay Inthe payment. A Vendor Ombudsman has been established within the Florida Department ofFinancial Services who may be contacted If a contractor Is expel1enclng problems in obtaining tfmefypayment(s) from a State of Florida agency. The Vendor ombudsman may be contacted at 850--410-9724 or 1-800-848--3792.
49.In acoordance with Section 215.422, Florida Statutes, the DEP shall pay the Conbactor, Interest st arate as established by Section 55.03(1), Florida Statutes on the unpaid balance, if a warrant Inpayment of an invoice Is not Issued within forty (40) days after receipt of a correct Invoice andreceipt, inspeGtion, and approval of the goods and servfces, Interest payments of less than $1 willnot be enforced unless a contractor requests payment. The Interest rate established pursuant toSection 55.03(1 ), Florida Statutes may be obtained by calling the Department of Financial Service s,Vendor Ombudsman at the telephone number provided above or the DEP's Procurement Section at850-245-2361.
REPORTS AND DELNERABLES
50.The DEP Task Manager shell review the monthly Invoice tor accuracy and completeness and reviewsuch things as the number of Inspections completed In the FIRST appflcation before the monthlyinvoice is forwarded to the ButNu of Petroleum Storage S)'stema In Tallahassee, Florida forprocessing. The DEP has ten (10) working days from the receipt of all dallverablss and reports toreview the work performed by the CONTRACTOR during the Invoice period. If the CONTRACTORfails to perfonn as directed by the tenns of this Contract, the DEP shall retum the unpaid Invoiceand/or reports and deliverables to the CONTRACTOR documenting the areas In which theCONTRACTOR has failed to meets Its contractual obffgatlons.
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EXHIBIT A
EgUtPMENT
51.Upon satiafactpry completion of this Contract, the CONTRACTOR may retain ownership of the nonexpendable personal property or equipment purchased under this Contract. However, theCONTRACTOR shal complete and sign a Property Reporting F orm, DEP S5-212, provided asAttachment C, and forward It along with the appropriate Invoice to the OEP's Contract Manager. Thefollowing terms shaU apply:
A.The CONTRACTOR shall have use of the non-,e,cpandable personal property or equipment forthe authorized purposes of the contractual arrangement as long· as the required work Is beingperfonned.
B.The CONTRACTOR Is responsible for the Implementation of adequate maintenanceprocedures to keep the non-expendable personal property or equipment In good operatingcondition.
C.The CONTRACTOR Is responsible for any loss, damage, or theft of, and any loss, damage orInjury caused by the use of, non-expendable personal property or equipment purchased withstate funds and held In his possession for use In a contractual arrangement with the DEP.
D.In the event that the DEP determines a need to loan equipment needed for the completion ofservices under this Contract to the CONTRACTOR, a DEP Property Loan Agreement shall becompleted and maintained In the Contract fde.
E.If the CONTRACTOR falls to perfonn 11s obligations under this Contract. the CONTRACTORshaD dellver possession and custody of all S\lch equipment to the nearest District Officelocation, unless otherwise agreed, within thirty (30) calendar daya of contract termination.
MANAGEMENT
52.The DEP Contract Manager Is Marshall T. Mott-Smith, Phone 850-245-8842 or Suncom 205-8842.The CONTRACTOR'S Contract Manager Is Robert Ward, Phone 239-732-2502 or suncom 751-2502. Each Task Assignment wlU Identify the DEP Task Manager and the CONTRACTOR'S TaskManager. All matters relating to a specific Task Assignment shal be directed to fhe DEP TaskManager for appropriate action or disposition. All matters relatlng to this Contract shall be directedto the DEP Contract Manager.
TERMINATION
53.Either party may terminate this Contract for Its convenience by giving the other party thirty (SO) dayswritten notice. If termination Is effected by the OEP, the CONTRACTOR shall be compensated forwor1t satisfactorily completad and Irrevocable commitments made. If tanninatlon Is effected by theCONTRACTOR, the CONTRACTOR shall be compensated for work satisfactorily completed.
54.If the CONTRACTOR fals to perform In a timely and proper manner, In the judgment of the DEP,the DEP may terminate this Contta0l by thirty (30) days written notice, specifying lhe effectivetime/date of termination. In this event, the CONTRACTOR shall be compensated for any worksatlsfactorily completed.
55.This Contract may be terminated by the DEP for refusal by the CONTRACTOR to allow publicaccess to all documents, papers. letters, or olher materlal made or recelwd by the CONTRACTORin conjunction with this contract, unless the records are exempt from Section 24(a) of Artlcle 1 ofthe State Constitution and Section 119.07(1), Florida Statutae.
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56.It is hereby understood and agreed that In the event the DEP makes a clear detennlnation that theCONTRACTOR has breached this Contract to the extent that the CONTRACTOR Is (at the solediscretion of the OEP) Inadequate to administer lhe Storage Tank System Compltance VerificationProgram, compliance Inspections, and prolimlnary enforcement activities under Chapters 62-761
and 62·782, F.A.C., and Chapter 376, F.S., for regulated storage tank systems In Its jurisdiction, orthat such program Is being carried out in a manner inconsistent with the requirements of this
Contract, the DEP may, as an alternative to tennlnatlon of this Contract, and at the DEP's sole
discretion, require corrective measures to be taken by the CONTRACTOR within a reasonable
period of time, not to exceed 45 days. In the event the CONTRACTOR falls to. take such necessarycorrective action within .the time required, the OEP may tennlnate this Contract In accordance withparagraph 54, above.
ADDITIONAL PROVISIONS
57.All services shall be performed by the CONTRACTOR to the satisfaction of the SeC1"8tary of theDEP or his/her deslgnatad 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., speciticatlons,
time, method or manner of performance, requirements, etc.). Changes to Task AssignmentNotification Fo,ms IAued by the DEP shall be evidenced by an amendment to the Task Assignmentas 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 en appropriate adjustment and modification(amendment) to this Contract.
59.The CONTRACTOR covenants that It presenUy has no Interest and shall not acquire any Interest,
which would conflict rn any manner or degree with the performance of services required.
60.The CONTRACTOR warrants that no person or agency has been employed or retained to sollclt or
secure this Contract upon an agreement or understanding for a commission, percentage,brokerage, or contingent fee except bona fide emplOyees or agencies maintained by theCONTRACTOR for the pu-pose of securing business.
61.A person or affiliate who has been placed on the convicted vendor list following a convic;Uon for apublic entity crime may not perfonn work as a contract.or, supplier, subcontractor, or C0118ultant
under a contract with any public entity, and may not transact business with any public entity inexcess of lhe threshold amount provided in Section 287 .017, F.S., for Category Two for a period· of36 months from the date of being placed on the convicted vendor 11st.
62.The CONTRACTOR shall comply with all federal, state and local rules and regulations In providingservices to the DEP under this Contract. The CONTRACTOR acknowledges that this requirement
Includes compllanca with all federal, state and local health and safety rules and regulations.
83.No delay or faill.1'8 to exercise any right, power or remedy accruing to either party upon breach ordefault by either party under this Contract, shall impair any such right,. power or remedy of either
party; nor shall such delay or falure be construed as a waiver of any such breach or default, or anysimilar breach or default thereafter.
64.This Contract Is an exclusive contract for services and the CONTRACTOR may not subcontract,assign, or transfer, In whole or In part, any work under this Contract without the prior written consentoftheDEP.
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65.Discriminatory Practices.
A.No person, on the grounds of race, creed, color, national origin, age, sex. or disability, shall beexduded from participation In; be denied 1he proceeds or benefits of: or be otherwisesubjected to dlscrimi'latlon in performance of 1hls Contract.
B.An entity or afflllata Who haa been placed on the discriminatory vendor 11st may not submit abid on a colitract to provide goods or servlce8 to a public entity, may not submit a bid on acontract with a public entity for the construction or repair of a public building or publlc work,and may not submit bids on leaaes of real property to a publlc entity. The Florida Oepar1mentof Management Services is responsible for maintaining th� discriminatory vender 11st andintends to post the list on Its website. Questions regarding the discriminatory vender list maybe directed to the Florida Department of Management Services, Office of Supplier Diversity at850487-0915.
86.To the extent required by law, the CONTRACTOR will be self.lrisured against, or wlll 88CU1'8 andmaintain during the llfe of this Contract, Workers' compensation Insurance for all Its empl�connected with the work under this Contrec;t. In case any wortc Is iubcontractad, lheCONTRACTOR shall require the subcontractor aimUarly provide Workers' CompensatiOn Insurancefor all of the latter's employees unless such employees ere covered by the protection afforded bythe CONTRACTOR. Such self.jnsurance program or insurance coverage shall comply fuOy with theFlorida Workers' Compensation law. In case any class of employees engaged In hazardous workunder this Contract Is not protected under Workers' Compensation stafutes, the CONTRACTORshall provide, and cause each subcontractor to provide, adequate Insurance satisfactory lo the DEP,for the protection of his employees not olherwise protected.
67.For purposes of this Contract, the CONTRACTOR Is not authorized to Issue variances or waiverspursuant to Section 120.642, 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.
68.No1h!ng In this Contract shall be considered an approval by the DEP of equivalent, more stringent orextensive local programs pursuant to Section 376.317, F .s.
LIABILITY
69.The CONTRACTOR, as an Independent con1ractor and not an agent, representative, or employeeof the DEP, agrees to cany adequate liablllly and other appropriate forms of Insurance. The DEP&hal have no llabNily except as speclflcally provided In thlt Contract.
70.Each party hereto agrees that It shall·be solely responsible for the negligent or wrongful acts of Itsemp� and agents. However, nothing contained herein shell constitute a walVer by either partyof Its sovereign Immunity or the provisions of Sactlon 76B.28, F .S.
SEVERABILrrY
71.In the event one or more provisions of this contract are declared invalid, the balance of thisContract shall remain i'I full force and effect.
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ENTIRE AGREEMENT
It Is hereby understood and agreed that this Contract states the entire agreement and that the
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 hereto.
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
•rsallMoft� mHh,D Contract Manager
Approved to form & legal sufficiency 'fol" w�DE��r
Asai tant County Attorney Approved as to formnegallty:
�u� L J'-....-
DEP '5s1stant General Counsel
*For contracts with governmental boards/commissions: If someone other than the Chainnan signs this
Contract, a resolution, statement or other document authorizing the person to sign the Contract on behalf of the CONTRACTOR must accompany the Contract.
List of Attachments Included as part of this Contract:
Attachment
Attachment A Attachment B Attachment C
Description {Include oumber of pages)
Standard Contract Definitions (5 pages}
Task Assignment Notification Form (1 Page) Property Reporting Form (1 Page)
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c1ean Closure Review Letter
EXHIBIT A
Cleanup Letter
Closure Inspection
Complaint
Complaint Referral
Verification program
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• EXHIBIT A
Compliance without Enforcement tCWOE)
A retum to ful compliance without formal enforcement Full compliance can be verified through a re,. inspection. closure or installation Inspection, receipt of records In the county office. or the reoeipt of any other
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-compllance. Once a case has been referred to the Department's District Office for formal enforcement, it Is no longer a CWOE.
Contractor-owned facil�
A regulated facility owned or directly controlled by the local county government (the Contractor).
Discharge Inspection
An Inspection performed by the contractor as a result of a notification of a discharge from a regulated
facility or a potentially regulated faclllty. A compliance Inspection where a discharge Is Initially noted will only be counted as a compUance Inspection and a Discharge Report Form Inspection vt0uld not be required. A
discharge discovered at any other time would require a separate Inspection within ten (10) working days of reporting.
Ecosystems Management and Restoration Trust fuD�s
Any fund with disbursements made In a manner consistent with the Intent of Section 403.1651, Florida Statutes.
slJ.Yir:onmentoJ specialist I
An Environmental Specialist I must have:
-A bachelor's degree from en accredited college or university with a major In 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; 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 oollegeeducation.
Nota: Substitutions tor qualffled personnel can be made at the written dlacretion of the Deparbnent
based on the tenure of professJonal experience Iii a directly related field.
l;nvlronmentel SQ.ecJallst II
An Environmental Specialist II must have:
-A bachelor"s degree from an accredited oollege or university with a major· in one of the physical ornatural sciences or engineering and two years of professional experience In environmentalprotection, regulatlon or health; one of the physical or natural sciences; or engineering; or
-A master's degree from an accredited college or unlver8lty in one of the physical or natural sciences
or engineering and one year of professional experience as described above; or
-A doctorate de gree from an accredited college or university In one of the physical or natural sciencesor engineering; or
-One year of experience as an EnVlronmental Speclallst I with the State of Flcrlda; 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.
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• EXHIBIT A
Note: Substitutions for quatlfled personnel can be made at the written dllCl'9tlon of the Department based on the tenure of professional expert..,� In a directly relatecUleld.
Environmental Specialist 111
M Environmental Specialist Ill must have:
-A bachelor's degree from an accredited college or university with a major In one of the phystcal ornatural sciences or engineering and three )'BBr'S of professlonal experience In environmentalprotection, regulation or health; one of the physlcal or natural sciences: or engineering; or -A master's degree from an accredited collage or university In one of the physical or natural sciencesor engineering and two years of profession&! experience as desaibed above; or-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 l or higher with the State of Florida; or
-Professional e,cperlence In environmental protection, regulation or heallh; one of the physical or
natural sciences; or engineering can subatltuta on a year-for-year basis for the required collegeeducation.
Note: Substitutions for qualified peraonnel can be made at the written discretion of the Department baaed on the tenure of profN81onal experience In a dnctly related field.
Env1roomen1a,1 §uperytsor 11
AA Environmental Supervisor It must have:
-A bachelor's degree from an accredited college or university with a major In one of the physlcal or·natural sciences or engineering and 1hree years of professional experience In environmental
protection, regulation or health; one of the physlcal or natural sciences; or engineering; or-A master's degree from an accredited college or university In one of the physical or nabJral sciencesor engineering and two years of professional experience as described above; or-A doctorate degree in one of the physical or natural sciences or engineering; or-Two years of experience as an Environmental Speclaliat I or higher with the State of Florida; or-Professional experience In environmental proteetion, regulation of health; one of the physical ornatural sciences; or engineering can substitute on a year-for-)'eGr balls for the required collegeeducation.
An Environmental supervisor II must supervise at least two professional envlronmental positions to be classified as an Env1ronmental Supervisor II. If this criterion Is not met, the position must be classffled as an Environmental Speclallst Ill (see requirements above}.
Note: Substitutions for quallfted personnel can be made at the wl1tten dlscntlion of the Department based on the tenure of profanlonal experience In a directly related tlald.
Florida Inspection Rmmloa of Storage Tanks <EIRSJ)
FIRST Is an lnfonnatlon gathering appUcatfon utlzed by Inspectors In the field to Input data on the conditions of any facility state-wide? The lnfonnatlon Is collected by the Inspectors In all 67 counties using a laptop computer and then transferred to TaDahassee via the Internet multiple times daily.
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EXHIBIT A
lnstallatlon Inspections
The Initial inspectiOns performed at new facilltles at the time of Installation .In order to determine if the storage systems will be Installed In accordance with Department rules.
Level 1 Enforcement
The minimum level of enforcement responsibility that a local government must perfonn as part of the Compllanca Verlflcatlon Program. The Department haa the responslblUty for the lead In enforcement actions. The contractor shall follow department enforcement guidelines and updates thereto as specified In the DEP Enforcement Manual. The contractor Is reaponelble for:
1.Issuing Noncompliance and Warning Letters.2.Conducting or participating in Informal compliance or technical meetings withowner/operators to resolve violations.3, Documentation of phone calls, meetings, ete., to prepare en�ent referrals to the
Department4.On site inspections and re-inspections.5.Testifying at hearings, witnessing as requested.
Level 2 Enforcement
The highest level of enforcement for a. contracted local government where the contractor hes the enforcement lead and enforoement is earned out under the contractor's ordinance. The contractor must also:
1.Take the lead In the discovery process.2.Be responsible for Judicial remedlaa, Including the determination of civil penalties, injunctive
relief, and assessment of damages.3.Complete Consent Orders, Notices of Violation. and Final Orden.4.Perform post Judgment enforcement aclMtles.5.Obtain inspection warrants es needed.
Non-compliance Letter
A letter sent to a facility owner/operator after discovery of a violation or problem at a facility.
Public Assistance
Public assistance Includes all wcxt related to providing technical, regulatory and other lnfonnatlon to citizens, govemment off!Cials. assoclaUons. planning councils, and consultants in order to Implement the storag, tank progrem for above and underground storage tank systems. Examples Include rule interpretation meetings or cans, speeches, presentations, and meetir:igs with local officials.
Regulated Chapter 62•761 and 62-782, F.A.C. Facllltiea
A regulated facUity, which has at least one storage tank system that stores a regulated substance that is either in-service, temporanly out-of-service, or unmaintained, and includes federal facllltles.
Registered lroproper1y c1osec1 facJHty
A facility with one or more storage tank systems, which haVe been registered as being closed; where there is no lnfonnation or conflnnatlon regarding the c;losure. If there are regulated active tanks at this facDlty it should be counted under the regulated (Chapter 62·761 and 62·762, F.A.C.) facilities category. These facilities should only be Inspected once and are nonnally only counted during the first contract year If applicable.
DEP Contract No. GC890, Attachment A. Page 4 of 5
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Packet Pg. 586 Attachment: FDEP Agreement with CAO Stamp (4370 : Execute an Agreement To Compensate Contractor with the DEP Previous Payment
-EXHIBIT.A
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 an violations Identified ea having e moderate or major potential for harm to the environment and moderate or major extent of deviation from the regulations, as references In the Storage Tank Penalty Guldellnes and Assessments Memo; All violations, regardless of severity invoMng notification or reporting will not require a re-inspection.
Routine compliance Inspection
An inspection performed at a Chapter 62-761 or 62-762, FAC. regulated facility during the contract period, for which a Storage Tank Facility Compllance Report Inspection Form has been completed. Routine compliance Inspections do not Include enforc:ement-r,rated re-inspections.
1.Unregistered· Faculty Complance Inspection
A routine compliance fn1pectlon conducted at a site that contains one or more petroleum atorage systems that are regulated under Chapter 62-161 or 62M762, F.A.C. and has not been reglatanld with DEP as a regulated faclllty.
Secretary spec1a11st
One year of secretarlal or office clerical experience and attainment of a typing score of at least 35 correct words par 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 Certified Professional Secretary Certificate; or College education can substitute at the rate of 30 semester or 45 quarter hours for the year of required experience; or Vocatlonal/ted'lnlcal 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 work experience; or A high school diploma or Its equivalent can substitute for the one year of work experience.
Waming Letter
A formal letter sent cartffiecl man to a faclllty owner/operator when violations have not been resolved as a result of a noncompliance letter or If the violation merits more stringent enforcement. These letters should folow a format approved by DEP'a Offlce of General Counsel.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Contract No. GC890, Altllchment A. Paa• 5 of 5
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Packet Pg. 587 Attachment: FDEP Agreement with CAO Stamp (4370 : Execute an Agreement To Compensate Contractor with the DEP Previous Payment
EXHIBIT A
Year I Amount 1$
Dl!P Con1nlct No. GC690, Attectvnent B, Page 1 of 1
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Packet Pg. 588 Attachment: FDEP Agreement with CAO Stamp (4370 : Execute an Agreement To Compensate Contractor with the DEP Previous Payment
AlTAOIMENT C
PROPERTY REPORTING FORM FOR DEP CONTRACT NO. GC690 (For Property With Contndor ANlg�ed Property Control Numbers) .
CONTRACTOR: Ust non-e,cpendable equipment/personal property* C0Sting $1,000 or more purchased under the above Contract CXlflbaCt, a>sting $1,000 or more, of property prevlou5ty purchased under ii DEP a,ntract (ldentif'y the property upgraded and the a� sheet}. Complete the serlal no./mst,, locatfon/address and property a,ntroJ number columns of this form. The COntrad0r shall establl personal property purchased under this Contract and shall report the Inventory of said property, on an annual basls1 to the Department number no later than Janua 31• far each this Contract Is In effect.
*Not Including son.ware. •*Attach COPV of lnVolc:e, bill or sale, or other doalmentation to support purchase.
I CONTRACTOR:I Contractor's ProJect Ma1!!9er:
PEP FINANCE AND ACCOUNTING: No processing required by Finance & Aa:ountlng as the ContradDr Is responsible for retaining o upon satlSfadory completion of the Contract. DEP PRQPfRIY MANAGEMENT: No processing required by the Property Management section as the Contrador will retain owners! satisfaetory oomptetlon of the Contract.
DEP Contract No, GC690, Attac:llment C, Page 1 of 1
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Packet Pg. 589 Attachment: FDEP Agreement with CAO Stamp (4370 : Execute an Agreement To Compensate Contractor with the DEP Previous Payment
..
DEP CONTRACT NO. GC690
AMENDMENT NO. 2
EXHIBITS
DEC 11 Z012
THIS CONTRACT as entered into on the 26th day of June, 2007, and amended on the 25th day of March, 2009, between the FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION {hereinafter referred to as the "DEPu or "Department'') and the COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS (hereinafter referred to as the "CONTRACTOR") Is hereby amended.
WHEREAS, both parties are in agreement that the method of payment for the services under this Contract should be changed from fixed price to fee schedule, and;
WHEREAS, other changes to the Contract are needed.
NOW, THEREFORE, the Contract is hereby amended as follows:
Paragraph 4, the first paragraph is hereby deleted in its entirety and replaced with the following:
Inspection Priorities. Inspections must be performed in accordance with each executed Task Assignment in the following priority order:
Paragraph 4.E. is hereby deleted in its entirety and replaced with the followlng:
Perfor,,, 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 b.e inspected during the subsequent Task Assignment.
Paragraph 5.E. is hereby deleted in Its entirety and replaced with the following:
All inspection activities shall use the Florida Inspection Reporting for Storage Tanks (FIRST) database and FIRST equipment in accordance with the minimum standards referenced In the ·FIRST User's Guide" (Guidance Document B).
Paragraph 7.H. is hereby deleted in its entirety.
Paragraph 13 is hereby deleted In its entirety and replaced with the following:
All field inspectors and enforcement personnel shall attend and complete ·scheduled storage tank inspector training courses and pass any examinations. If the employee falls to pass, the employee may take the examination at the next offered training class. During this period the employee may continue to perform inspections.
Paragraph 14 is hereby deleted in its entirety and replaced with the following:
The CONTRACTOR shall determine the accurate latitude and longitude coordinates for each facility Inspected using DEP-approved procedures and ensure the proper entry of this data into the DEP inspection database.
Paragraph 23 is hereby deleted in its entirety.
Paragraph 27 is hereby deleted in its entirety.
Paragraph 28 is hereby deleted in its entirety and replaced with the following:
The CONTRACTOR shall provide a Statement of Revenue, Expenses and Fund Balance utilizing the "Guidelines for Preparing Year End Financial Statement" (Guidance Document G) for the period of July 1, 2011 to June 30, 2012 before October 1, 2012. The CONTRACTOR will return any positive fund . .. -. � . -. ' . ..
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Packet Pg. 590 Attachment: FDEP Agreement with CAO Stamp (4370 : Execute an Agreement To Compensate Contractor with the DEP Previous Payment
EXHIBIT B
send written instructions to the CONTRACTOR Identifying the process and timeframe for returning the funds to the Department
Paragraph 29 is hereby deleted in Its entirety.
Paragraph 39 ts hereby deleted in its entirety and replaced with the followlng:
The DEP shall provide program and regulatory guidance for the CONTRACTOR. The DEP shall provide training In new technology and program management changes as necess�ry.
The NOTICES section, Item 44, Is hereby revised to change the CONTRACTOR's contact for the delivery of all notices 'from Robert Ward to Philip Snyderbum.
Paragraph 45 is hereby deleted in its entirety and replaced with the following:
For satisfactory performance, DEP agrees to compensate the CONTRACTOR on a fee schedule basis in accordance with the rates specified In each executed Task Assignment Fee schedule amounts shall include all costs necessary to perform the work outlined herein, Including, but not limited to, labor, fringe benefits, overhead, supplies, travel, and non-expendable personal property or equipment costing $1,000 or more. It is hereby understood and agreed by both parties that the compensation provided under this Contract shall not exceed the amount specified In each executed Task Assignment for each specified period.
Pa.ragraph 47 Is hereby deleted In Its entirety and replaced with the following:
The CONTRACTOR shall submit invoices on a monthly basis. Each Invoice shall be submitted using the ·eontractual Services lnvolceR (Guidance Document E). Each invoice is due no later than the 15th day of the month following the month of services. Each Invoice must be submitted in detail sufficient for pre-audit and post-audit review. A final invoice for each Task Assignment must be submitted as directed by the DEP prior to the completlon date of the executed Task Assignment to assure the. availability of funding for payment. The DEP shall pay all satisfactory invoices in accordance with Section 215;422, F.S. One copy of the invoice shall be submitted electronically to the DEP District Task Manager.
The EQUIPMENT section, paragraph 51 Is hereby deleted In its entirety and replaced with the following:
EQUIPMENT
51.Upon satisfactory completion of this Contract, tne CONTRACTOR may retain ownership of thenon-expendable personal property or equipment purchased under this Contract prior to theexecution of this Amendment The following tenns �hall apply:
A.. 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 state funds and held In his possession for use In a
contractual arrangement with the DEP.
B.In the event that the DEP detennines a need to loan equipment needed for thecompletion of services under this Contract to the CONTRACTOR, a DEP Property
Loan Agreement shall be completed and maintained in the Contract file.
C.The CONTRACTOR shall have tiUe to and use of any vehicle previously purchasedunder this Contract, by Its authorized employees only, for the authorized purposes ofth1ls Contract as long as the required work is being satisfactorily performed. In theevent that this Contract is terminated for any reason, or the use of the vehlcle Is nolonger needed (such as completion of the Contract), title of the vehicle shall betransferred to the DEP.
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Packet Pg. 591 Attachment: FDEP Agreement with CAO Stamp (4370 : Execute an Agreement To Compensate Contractor with the DEP Previous Payment
EXHIBIT B
D.The CONTRACTOR is responsible for the Implementation of manufacturer requiredmaintenance procedures to keep the vehicle in good operating condition.
E.The CONTRACTOR shall secure and maintain comprehensive collision and generalautomobile liability coverage for the vehicle during the term of this Contract. TheCONTRACTOR is responsible for any applicable deductibles.
The MANAGEMENT section, Item 52, is hereby revised to change the· CONTRACTOR's Contract Manager from Robert Ward to Philip Snyderbum, phone 239-252-2502
Paragraph 59 is hereby deleted in its entirety and replaced with the following:
The State may file suit to ensure compliance with Department rules, may seek recovery of the costs of bringing a regulated facility in to compliance and costs associated with cleanup or costs Incurred In
bringing litigation from any and all responsible parties, and must anticipate the possibility of litigation. Therefore, none of the natural persons associated with the CONTRACTOR working under this CONTRACTOR (CONTRACTOR employees) shall engage in a Prohibited Activity or engage in a contractual or other business relationship with a Prohibited Entity as defined herein.
Prohibited Entity is further defined for the purposes of this Section as:
•any persons or entities who are regulated by or responsible to the Department pursuant toChapters 62-761 and 62-762, F.A.C., or Section 376.302, F.S.;•persons or entities who are approved or qualified to work in the preapproval program pursuantto Section 376.30711(2)(b) and (2)(c), F.S., whether selected by the owner or the Department,a petroleum or storage tank CONTRACTOR, tester or installer
For the purposes of this Contract, a CONTRACTOR or CONTRACTOR'S employee may be deemed · to have had a business relationship with a Prohibited Entity if It has had a relationship with a parentorganization, or subsidiary, a predecessor or a successor of such Prohibited Entity, or If It has been
engaged by independent representatives on behalf of any such Prohibited Entity.
Prohibited Activity is further defined for the purposes of this Section as a business or contractualrelationship that involves providing advice, assistance, counsel, or representation to businesses andother organizations on environmental issues, such as the regulatory compliance or the control ofenvironmental contamination from pollutants, toxic substances, and hazardous materials regardless ofthe physical location of the secondary employer or the secondary employer's. client;
In order to avoid a conflict-of-interest, or the appearance of a conflict-of-interest, the State requires thatthe CONTRACTOR notify the Department in writing within five (5) days of the CONTRACTOR'Sdiscovery of a potential conflict-of-interest and make such continuing disclosure throughout the term ofthe Contract. In addition to the CONTRACTOR's duty to disclose any conflict-of-interest, theDepartment shall retain and exercise the right to determine on its own initiative whether or not aconflict-of-interest on the part of the CONTRACTOR or CONTRACTOR'S employee exists. TheDepartment may terminate the Contract if the Department deems such termination to be In the bestinterest of the Department, or may terminate the CONTRACTOR'S assignment of a CONTRACTOR'Semployee to this Contract based upon the Department's assessment of the potential conflict-ofinterest.
The following language is hereby added to the Contract as SPECIAL CONDITION, Item 72.:
Pursuant to State of Florida Executive Orders Nos.: 11-02 and 11-116, the CONTRACTOR is requiredto utilize the U.S. Department of Homeland Security's ENerify system to verify the employment of allnew employees hired by the CONTRACTOR during the term of this Contract Also, theCONTRACTOR shall include in related subcontracts a requirement that subcontractors performingwork or providing services pursuant to this Contract utilize the E-Verify system to verify employment ofall new employees hired by the subcontractor during the term of this Contract.
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Packet Pg. 592 Attachment: FDEP Agreement with CAO Stamp (4370 : Execute an Agreement To Compensate Contractor with the DEP Previous Payment
.. ..
EXHIBIT B
In all other respects, the Contract of which this Is an Amendment, and attachments relative th·ereto, shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have caused this Amendment to be duly executed the day and year last written below.
FLORIDA DEPAR TMENT OF ENVIRONMENTAL PROTECTION
Chief.Bureau of Petroleum Storage Systems or designee
William E. · Burns Jr., Contract Manager
oE�Jm�
APPROVED as to form and legality: 1'1�� e \ry
DEP'Attomey
*For contracts:·with. governmental boards/commissions: If someone other than the Chairman signs thisContract, a reso!�i.on, statement or other document authorizing the person to sign the Contract on behalf ofthe Contractor n1(fst accompany the Contract.
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Packet Pg. 593 Attachment: FDEP Agreement with CAO Stamp (4370 : Execute an Agreement To Compensate Contractor with the DEP Previous Payment
EXHIBITC
Attachment 8
Florida Department of Environmental Protection
Task AssiRnment Notification Form for COLLIER COUNTY
Contract No. GC 690 Task No. 11 Amendment No._ Date November 14, 2016
Performanu Period: Effective the date ohucutlon of this Task Assignmenl and shall remain io
t'ff'ttl until Junr 30. 2017.
Description:
This r11.�k a:,signmcnl pm, id.::; limding lo ollsct t� acquisilion of \'Chicle lor expansion of u.,rnpliancc
,·erification acth·itics under this Contracl and any suhscqucnl n.:ncwal contn1ct. The Contractor is snlc:I)
r1.-sponsihle lbr the maintenance. Up!.'ralion and ownership ufthc \ehidc.
lnmiL'c with I\Jrchasc Ordl."I' must t,c submi!led by Ma> _;I. 2017.
Task Managers:
DEP Task Manager: Ryan Snyder Phone: 239-344-5695 Contractor Task Manager. Phil Snyderburn Phone: 239-994-4535
DEP Budget Representati\·e
�(h/6
l�U
/;/;-1/;6
Date
Funding
OlU !AN llA TION (''Ol)!i l'O OB.IH"J('()t)t, MODI.JI.I: Sl'lst'lt\L ('A Tf:(j{)RY YR AMOIINl
37450305000 JD 132500 4562 IPTF 100029 16 &25,000.00
17
Notn:
CC: l>l�P C:onlrac:ts ( MS l)J l
Finance & Accuunting. ( 'on1r,1cL-. Disbur..cmcnl Section ( MS 71H I copy
l>EP Ta!>k ManagL1"
DEP Contract No. GC679. Anarhmtnt U, Paic- t of I
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Packet Pg. 594 Attachment: FDEP Agreement with CAO Stamp (4370 : Execute an Agreement To Compensate Contractor with the DEP Previous Payment
.EXHIBIT DI l'JoridllDeplll'll1lllDtofE11\'lronmMCP)llnlaldioll JNVOICEAPPROVALFORCONTRACfSANDGRANT AGREEMBNTDISBUBSEMENTSFORM lElECTRONIC OONIRACTINVOICB SUBMISSION ONLY
This fbJm mo'llld be eomple'lcd iD Mand� dcctnmilll'lll:;, tttroup 'die Shlred Connet Invoice Documcut Drive along with & invoice lllld o1ml" requiml doc:umallation as defined by agreemmt.
37450305000
Fllcal Agent'• Appruval:
c�,17/201�
va[l] Ne D
Y11D No [l]
JD
OBJBCTCODE.CA'I'EOORY YR
132500 212001 100029 00
ch �--1,rl'llldlllo-Flet Harrald 0nr.ao1,.111.1,15:1111:42 -MW
BFA-DEP 55-263-A (llffi,eti:ve 10-01-2014)
GC690
s 2s;ooo.ool
$: 25,000.00)
PAYMBNT AMOUNT
$25,000.00
PAYMENTTOTAL $25,000.00
1 of 1
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Packet Pg. 595 Attachment: FDEP Agreement with CAO Stamp (4370 : Execute an Agreement To Compensate Contractor with the DEP Previous Payment
EXHIBITD
SUMMARY OF CONTRACTUAL SERVICES.AGREEMENT
OLOIDtpartment: DEPARTMENT OF ENVIRONMENTAL AIJ9l'.'CY.COntact:PROTECTION FLAIR Contract t: GC690 T ... onel: Agency ConUut GC690 I: ConlnctmNendodPayee: COLLIER COUNTY BOARD OF COUNTY Orlglnal COnnct $0.00 Total Conlract $1,344,268.41 c..-.i Type: f Mnler AQrNment Amount: Amount: Connet 8tart Datt: 07/01Q007 contract End oa. 06l30r'2017 Contract Lat Signed l).al8: 06l26/2007 Advanced FUJ'ICNICI: No
METHOD OF PROCUREMENT: Exempt. $elVlcel or Oommadltlel provided by Governmental Agendn (1. 287. 057(3) (f) 12, & a.217.057 (22), FSJ AGENCY REFERENC& I:
Number. '1 lmrola Period: 4'01117 :. 4'80/17 !!!!! Aniaunt of Prevlo• ,.,._ntll: CONTRACT MANAGER CER'nFICATION: I tcmlfy, by avldence of my eignatura, the lnfonnatlon on 1h11 tonn II lnle and oonect; the goocta and aervlc:el have beenNffsflotorly lllOtJved and payment II now due. I underatand that lht office of 1he Slala Financial 0111:er lltfleMll lhe right to reqwe eddllional documtnlalion snd/orto conduc::t periodic pc11Nudlta of any agn,ementa.
Contract Manager Name printed: .... , Roae,Ruiz
Contract lllnagtr 81gnatuee: ____ ,,..,. ..... ,, .... _ - -/#,,,.a:.,_ !Date: 5117117
/ "/
16.C.2.a
Packet Pg. 596 Attachment: FDEP Agreement with CAO Stamp (4370 : Execute an Agreement To Compensate Contractor with the DEP Previous Payment
CONTRACTUAL SERVICES INVOICE
1
Y.mlm;.
� !lllap!pne;am;
CainctNo. �
!:dim Cl:iu� !i!CC
�Te�1111 Trll!II �.um�
�t.a�Fl :Mm!
5tl-0000555ll
�1 Phi!�
Conl1'afflllll Amolllll •?&Mn,,.
1-11 Prevloutly ln\lolo8(I ,nm
l.eea/PII.II Rllfa!nage ll
lllwolile Tobi «-,.,.,.,,,.
Tnk No.
t1
TOTAi. MOUNT OF !�i:
ftll\:P UM OWl!y:
!)a l"ffioo@I�
llNTi2-0'l1 it/14!'2016 le �
Ill.II!. Flarldll Depar1ment of Env!IOlllllelUI Pl'Cteollon
P11T111ttlng and ComJll)lrl:e MlliilllrM:e ,,.m 2600 81airSlot1B Raad.M.S.,1585
Tallal1Utllff. FIOtlde 3239M400
Attn.: Tanks Ccmpliance AeliSUlnCI AQ;ouflllng
NII\
ConncVrallk Amount IMI Pmlciusly Invoiced Lenll'lua Rll!alnage
1n-..c1oeTou1 ,_
EXHIBITD
16.C.2.a
Packet Pg. 597 Attachment: FDEP Agreement with CAO Stamp (4370 : Execute an Agreement To Compensate Contractor with the DEP Previous Payment
VEHICLE INVOICE
I
1471 N. AIRPORT ROAD
NAIUS, FlORiDA 34104-9839 643-3613 • fAX 643-3799
www,t:amiamlfurd;coo,
SOLD TO: COLLIER COUNTY SOARD Of COUNTY COr-1252-4157
3299 TAMIAMI TRL E STE 700 NAPLES FL 34112574
ADDRESS:---------�---------'I DOUGLAS MARVIN HOLLAND SALESMAN:----------
Make Model = M.V.1./Serial No.Key No.
DEAL NO: 125112
DAT£ fas / 15 2m1
Price of Car TIRE/BAmRY F
Dealer Services
Sales Tax
09:iSS License and Tide coo
LIEN:
EW 1FTEX1E82HKD47870
cc.-1.. -/t'l .... 5
/Jtt:-i/m111,1!8
RECEIVED
MAY 16 2017
FLEET MANAGEMENT
.' <
TOTAL CASH PRICE
Doc. Stamps
Financing
Insurance
TOTAL SALE PRICE
SETTLEMENT
Deposit
Cash on Delivery
Trade�in
Less Lien ___ _
Type
M.V.1./Serial No .
Payments
1@ 34477.611
1--------1
I ·1
I I
STARTING 96/29/fl7 I TOTAL
\;
16.C.2.a
Packet Pg. 598 Attachment: FDEP Agreement with CAO Stamp (4370 : Execute an Agreement To Compensate Contractor
COLLIER COUNTY GOVERNMENT l'LUT BID 12-5'35 SPECIFICATIONS AND DEALER BID SHEET
VEHICLE SPECIFICATION #2017-056 .
EXHIBfTD
VEHICLE DDCIUPT.ION: 2817 FGl'd J'J58 SupuC.b XJIIJGJAXL PJek•p; CWD; IT•etwy W•lfe &deriot Paint; Med Bunll 0...,. l•t&rirw Color, Vlayl 40I.IW40 ..... Sal; Via,t .floor Owtrb1a; 145" W.&; 6.5-11. Carp Bed wilb Spny-11 Bid UHr; ._ ftldtl'IIII RIIHf .. IIMrdl; Tallpte Slep; I.SL v, .(I'm P1N11 .... e; 6 Spllld AatGlntie Tn1111111laloll; Sllkl Pilla; 3.'73 Blecrnatc-1.octila Adi; A.irc.ditlo:Blq; Tnller Tewllll ..... wbll Cius IV Trailer Rici .._.er. l'lllfflt 2 M, BIii, ud 7-8plde lledrlral ca..-; ........ .,._C.lnlller; XL Eqalp-tGnNlp ltlA laclllCliai SYNC Com111111uatlau Padr.lp; Rur View em.a; ReverN ---� J'btd Rar Wladow; P2651'781U7 8SW All T•nl• TINl;Jbteaded ... 36-Gaa.JI fael THt; Bllctl'IJl'd Soft ,.....TN11eaa Cover; .NoDrlll Coap .... Stud hufaWoa f'nllt ,....,._.Ide (Jot.to Dak or Ram Muut prefened); 759-W�U Pare SJae W.n la'ffl'fer IMtaled narcompafn •11ct; Tinted Wlmlews; IHr'CodlS L&04-paet,ftlall..mout IIIIWlll'DINls wltll .,.lllltaDedalN:mtor bllowau taO liptud • lmCded ma fnmt plU conecad ta a It labelld dub nltd. ........ to tledrlver; 3 Sets of lpHiu Keyt; A.I Odter Sflluldanl &flllpaeat. NOD: U...u � ""11 � 1M ,pl/,:d ,_..,. DBM-,,,, a4111 n et11111 r,/II � m ,pllaJn lut .-. A«flllwffl lfllllM """1tl .,_. lo ,a.,.,,._.,,. ..... .,_..,,-,,.,. or�,�•.,,,.,,,_ IJlbt.,._.�.,_,.,__,.,,.._,, Jfh .... wlll6.!•""•wl_,.,,,,.,..__,.,_,._(H,._.rltlA_,.,rNt...,,,.,lltlt� All.,,,. • .,,.,,..,,,""'*_.,.,,,__.,.,,,,._
BAIi PRICE: .HM l·S: t � �Sr!! SHIPPING COST: S Jl&fl
FACTORY OPTIONS: IOIAEqulpmmt OrQup
96W ...... Jn Bod Liner 18BllunDqs.ds 63T Tlilpee Step 413 Skid Pllres XU 3.13 EJednmjo..Looldng Axle 53A TraJ.ler Towiq Package 6'7T � Brab Conlrollet 76C Rur View Cmcn
76.lt � Scmi:ng System 6$5 U-GaUon Fuel Tank XL Mid Discount
ll'ACl'OR.Y SUBTOTAL: fACfORY INC&NTIVBS: DMLBR BJD DISCOUNT (2.25 %): SUBTOTAL:
sms.w
IHI# SHMQ $HIM ... sm11 ,.,
l<!!J,tp::
SPBCIAL EQUIPMENT OPTIONS (D&A.L&R COST):
�Kc.,, ""''allil!llln ....... __ -....... �. J l'J"'?n�Computer S1and S 1:CWCIPIPS � s .::,v 750-Wm Inverter S Yl!!ll!n " � •'"""•
·• .ll •• ., ,r!!,,,,....,.,._,Fold.ingBcd Cover S 525# .wv
Thded Windows . S 1AOQ
AmberLEDSboboJ.JshtS IURMnJ11
SUBTOTAL: TOTAL"VEHICL& COST;
Nola: Pffl'Olenl Storap Tl!lab (11309) Replaces CCJ..U8
MM 2121 And One Growth Unit I f' /· I
-,.J;-"'-., .. �--�·:,______ Date: �-? /z I I Z,,/
52657.96
16.C.2.a
Packet Pg. 599 Attachment: FDEP Agreement with CAO Stamp (4370 : Execute an Agreement To Compensate Contractor with the DEP Previous Payment
DEALER HI ,ii11.U. a4 � .. U! ........... , OIi � � ,._ illUm'II" UU•JIROI/U/lln., an,_,__ 1 DODalDBift M am:VR rMU VDm. �0/ll0/4,11 f � - 'IIWI � ll!IIXIDm..z aon :ui:u. a:ass " :a., � -.NRa�OillOblP cnm·a:-.mm.
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EXHIBITD
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16.C.2.a
Packet Pg. 600 Attachment: FDEP Agreement with CAO Stamp (4370 : Execute an Agreement To Compensate Contractor with the DEP Previous Payment
TAMIAMI FORD
TAMIAMI FORD INC 1471 AIRPORT PULLING RD N NAPLES, FL 34104-3317
1471 Airport·Pulli NAPLES, F DA 34104
Telephone: (239) 643-3673 Fax: (239) 643-3799 WWW. TAMIAMIFOAD.COM
,XfJf 1 CHMSES·-··························�·-···········; .................................. �···
·········�·········-·····························-··-······················
STMT FIJIISH ,er TDIE 0.00 0.00 o.oo 0.008.00 8.00 0.00 0.80 TOTAL TE0I Tlt£ 0.00 0.00
lNSTAU. TmfJII aMR � PARTS·····-QTY•··F'P·M.llllll··············•DESCRIPTION·••·················UNIT PRICE· 1 Wl.3l·99501M2·M COVER •· TINIEA 525.00 525.00 TaTAL • PMTS 525.00 JOBI 1 TOTM.S···························································· PARTS 525.00
,DJ l � PREFIX FOlP .Jliil. 1 TarAL 525,00
TDTAl..S--························································································
TOTAL LABOR •••• lm'AL PM'fS •••• TOTAL Sta.ET ••• TOTAL 6.0.G •••• lOTAL MISC.CHG. lOTAL MISC. DISC TOTAL TAX ••••••
TOTAL INVOICI! $
0.00 525.00 0.00 0.00 o.ooo.ooo.oo-.......... .125.00
EXHJBITD F01P539537, -·--r••�I
STATE OF FLOAiDA I REGISTRATION: MY-02749'
ALL PARTS ARE NEW OR REMANUFACTURED UNLE88 OTHERWISE INDICATED. SPECIAL ORDER PARTS IUBJECTTO� Rl!S'IOCKING FEE.
COIJIPRBIENSJVE WARIWffY IF THE REPAIRED rreM FAILS WITHIN 3 MONTHS OR 4,000 Mil.ES (WHICHEVER OCCURS FIRST) DURING NOR· MAL USE, TAMIAMI FOROW1U.REPAIR IT FREE OF CHARGE IN OUR SHOP. GENUINE FORD PARTS CARRY A 24 MONTH UNUMITED Mil.ES WARRANTY. •SEE DEALER FOR DETAILS.
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OFCHEMICAI.SN«IOANWl>'IOGENl:MTl(lNOF WASTES (OILS. SOl.\leNTS, SPENT fll.TERS & IEJN.S,MISORIIANTS,NIJYORl:}.IMtDFTIOE WASTES MUST BE MAN&D WJ DllPOlED OFPFIOPM.VTr.lCCftFLVWl"l'HlW,I..STA'li.& fm.
ElW.. GUIOE1M& A Fe IS ASSESSED IN THEAIOJNTOF11!'1r.OFIMTSANDI.AB0ff.MINMMOF '4.00 UP 10 $40.00 MAXIIII.IM, � AEOOIJEAVDFEXPENSEAM>PIVJRTASOCIAl'EI>
Willi MAINQEN'I' ANO DISPOSAL DF 1HESE
WAST'ES.!S,.!ilUM(4)1
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ASTOIWIER:.EOFl25.l!OPSIOO'lilAYDEWPUEI) 1Y.l V1HCLES WHICH ARE NOr CUiltEO W1MN 3 WOOKING MYS OF NOl1FlCATION OF COl,1Pi.ETION,
ME'llfOD OF PAYMENT
CASK D CHECK D
OJHEA D CREDIT CARD D
( ENO OF IN'I/OICE J °THANKYOUI
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Packet Pg. 601 Attachment: FDEP Agreement with CAO Stamp (4370 : Execute an Agreement To Compensate Contractor with the DEP Previous Payment
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Packet Pg. 602 Attachment: FDEP Agreement with CAO Stamp (4370 : Execute an Agreement To Compensate Contractor with the DEP Previous Payment
P.O.Numbm'
Naples Auto Truck Van, LLC
3384 Mercantile Ave, Unit J&K
Naples, FL 34 I 04
Ship
4127/2017
HD BALL MOUNTIBALUPrN Fi 50 HKD-47370 Sales Ta.,;.f1orid11-Collier County
Ship To
F.O.B.
Total
·oate
4127/2017
59.00
6.00%
EXHIBITO I invoice
59.00
0.00
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Packet Pg. 603 Attachment: FDEP Agreement with CAO Stamp (4370 : Execute an Agreement To Compensate Contractor with the DEP Previous Payment
Ughtnm1 wire1 .. somffcms, Inc.
2100 Eleetronta Lue, Jl'ort My� FL 33912
Offloe: {239) 41UJ700
Fu: (23') 694-3048
TO
P.0.NUMBE.R TERMS REP SHIP
EXHIBITD
Invoice
DATE IMIOJCE#
5112/2017 67042
SHIPTO
VIA SALES/SERVI SHIP TO
NetlS Mike S/llfl017 2100 Fleet DougHol'-1
QUANm'Y DESCRIPTION PRICEE.ACH AMOUNT
2 Code 3 HB4PAK•AA Amber 4 LED Head With Grommet (Pair), Aont Corner Body LED's 120.00 240.00 J JottoG5-5632/41431.apfopMowstPonlPIS0.(2015+)AMod1ny 445.00 ffl.00 1 SatJa SSW-1000-l2A Pure Siiie Wave PO'!,Wll' lnvm:or 1000 Wdl Irdudcs Remote 435,00 435.00
1 l.11.bor • Vehid.e Lighting Bquipmfflt Installation 750.00 1so.oo
l TI>OO Miaoe� JNtalJadm H.tnhwre (incJucling wire. �wm, litt, tape, etc.)60.00 60.00
Spec # 2.Cl i..OSG
0#9-478 Vln:1PTSX1E82.HKD471170 P..150 841&. Tu. Exempt 0.00% 0.00
Invoice Total $1,930.00
A mle &e of 1.5% per� C'lf l&'¼APR will \>e added to 1111 _... � AIIO, liable lbJ � eolll,ctillllls 1111d ldlpl ft:ts. Reflr IO �.LWS�.net b complete 111m11. We accept VISA 1111'1 Mutl!IQll'd; �-due to the Men:bant Fees IIIIIOllimd with a mdit card, we lffOJYe lhe ri&tlf 1o Payments/Credits $0.00
c.baip, � m 3.5% fur all. cn,clit e--anl �
Invoice Balance Due $1,930.00 Celel,radng over SO Years -Si"nc.e 1959
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Packet Pg. 604 Attachment: FDEP Agreement with CAO Stamp (4370 : Execute an Agreement To Compensate Contractor with the DEP Previous Payment
Talk Manaen:
DEP Task Manager: Ryan Sn)'der
Contractor Task Manager: Phil Snydc
EXHIBITD
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Packet Pg. 605 Attachment: FDEP Agreement with CAO Stamp (4370 : Execute an Agreement To Compensate Contractor with the DEP Previous Payment
Cl.lltorrmr
Name FDEP
Saiki & HazarrJoua W,_ Management DMslon 3339 Tsmlsml Tn,iJ East. SuNe 302 Naples, R.34112239-262-,2508
----------------
Addreas 2600 Blair Stone Road
City Tallahassee State FL ZJP 32399
Phone Roaar Ruiz 850-2-45-8854
-_Delcrlplfon --·� -.
[ Comract Gc-690: Storage Tank Compliance Verification Local Program.
Invoice#; 1
i Task Assignment: 11 '
Revenue Account 470-113431434398
Remit To:
Atn: Finance Oepilrtrnent
Coller Cou,ty Courthouse Complex ·-
I
B
Invoice
MIN
Oepartmanl Pubic Ullllllel
Phone 252-5081
Contact Phil Snvdmbum
TOTAL .,..
$ 21.-a
SubTotal I 25.0QO.OO
TOTAL 'm,000.00
.I
EXHIBITD16.C.2.a
Packet Pg. 606 Attachment: FDEP Agreement with CAO Stamp (4370 : Execute an Agreement To Compensate Contractor with the DEP Previous Payment