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Backup Documents 01/09/2018 Item #16C 2 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 C 2 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office SRT 1/09/1% • 4. BCC Office Board of County b Commissioners \/ / 5. Minutes and Records Clerk of Court's Office ICtt 3'36rt PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Allister Burnett/Solid a Hazardous Waste Contact Information 239-252-7953 Contact/ Department Agenda Date Item was January 9,2018 Agenda Item Number 16C2 Approved by the BCC Type of Document Agreement to Compensate Contractor with Number of Original 1 Attached the Department of Environmental Documents Attached Protection("DEP")related to its Contract GC-690 with Collier County for$25,000 offer related to the purchase of a replacement county vehicle PO number or account N/A number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature stamp Oh. -S1ZT— N i f\ 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be SRT signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's SRT Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the SRT document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's SRT signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 1/09/2017 and all changes made during SRT the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC, all changes directed by the BCC have been made,and the document is ready for the �� \ Chairman's signature. Instructions attached to pink sheet. Two (2)-etetuttitl•copies, one (1) for the• - , one (1) for DEP.-k" ,_� 1 6 C 2 County o ' olli` r CLERK OF THE CI CU COURT COLLIER COUNTY C RTHO SE Dwight E. Brock-Clem f Circuit Court 3315 TAMIAMI TRL E STE 102 P.O.BOX 413044 NAPLES,FL 34112-5324 NAPLES,FL 34101-3044 Clerk of Courts • Comptroller • Auditor • 5slodian of County Funds January 16, 2018 FDEP Attn: Roger Ruiz, Environmental Consultant Division of Waste Management 2600 Blair Stone Road MS 4500 Tallahassee, Florida 32399-2400 Re: FDEP Agreement to Compensate Contractor Transmitted herewith are one (1) certified copy of the original of the above referenced document for your records per request, as adopted by the Collier County Board of County Commissioners of Collier County, Florida on Tuesday, January 9, 2018, during Regular Session. Very truly yours, DWIGHT E. BROCK, CLERK 1”(4'-- AI I Martha Vergara, Dep Clerk Enclosure Phone- (239) 252-2646 Fax- (239) 252-2755 Website- www.CollierClerk.com Email-CollierClerk@collierclerk.com 1 6 C 2 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(GC609) 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 5.0 - 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...It 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, 2017, the Department executed a second Task Assignment (subject TA) providing DEP "funding to Page 7 of 4 do 1 6 C 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 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 Page 2 of 4 0 16C 2 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 terms 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: PENNY TA R Air Title: CHAIRMAN Date: 1/9/18 pproved as t. 3 rm :nd legality Y ATTEST, „ ,".., ,� _ DWIGHT E. BROCK, CLE- , . -.� ..Teach, P eputy County Attorney BYj1--Q1A - abit. 141_ Attest as to Chairman's I signature only. Page 3 of 4 1 6 C 2 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (Department) Approved as to form and legality: By: c(4 Title: Deputy Secretary for Regulatory Programs DEPARTMENT ATTORNEY Date: 1.3,,,, 3, -2.4. k ATTACHMENTS: Exhibit A: 2007 Contract GC690 Exhibit B: 2012 Amendment Exhibit C: 2016 Task Assignment Exhibit D: 2017 Invoice (with Tamiami Ford truck invoice) Page4of4 c� EXHIBIT• E? DEP CONTRACT NO.GC690 RECEIVED FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION AGREEMENT FOR STORAGE TANK SYSTEM 07 APR 31 {i 9: 32 COMPLIANCE VERIFICATION PROGRAM FOR COLLIER COUNTY POLL. CONT. &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 ("DEP" 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 Attachment A,Standard Contract Definitions,attached hereto and made a part hereof. 2. It is hereby understood and agreed that all references in this Contract to Florida Statutes (F.S.)and the Florida Administrative Code (F.A.C.) shall be for the laws, rules and guidance documents in effect at the time work is performed by the CONTRACTOR. SCOPE OF SERVICES 3. Perform compliance inspections within the jurisdictional (geographical) boundaries of the specified counties, including facilities registered to the CONTRACTOR as required by an executed Task Assignment(s) at the following Chapter 376, F.S., facilities: storage tanks regulated pursuant to Sections 376.30 -- 376.317, F.S. (excluding cattle dip vats, dry-cleaning facilities and designated Brownfields)and Chapters 62-761 and 62-762, F.A.C., including mineral acid tanks regulated by the DEP in accordance with Sections 376.320 - 376.326, F.S. In addition, perform closure inspections, installation inspections, discharge inspections, re-inspections, and emergency response activities, as applicable, in accordance with each Task Assignment. All inspections shall be performed by an individual(s) in a position equivalent to an Environmental Specialist I level or higher. Beginning on the effective date of this Contract, the CONTRACTOR is authorized to enter private property in order to carry out inspections pursuant to Sections 403.091 and 403.858, Florida Statutes. 4. Inspection Priorities. Inspections should be performed in accordance with each executed Task Assignment in the following priority order: A. Perform a discharge inspection at all facilities with known or suspected discharges involving free product within twenty-four (24) hours of receipt of notification. Prepare and send a Site Assessment Report request letter to the facility owner and operator, if appropriate, and as directed by the DEP Task Manager. DEP Contract No.GC690,Page 1 of 13 ► 16C 2 • • EXHIBIT B. Perform a discharge inspection at all facilities with known or suspected discharges within ten (10) working days of receipt of notification. Prepare and send a Site Assessment Report request letter to the facility owner and operator, if appropriate, and as directed by the DEP Task Manager. C. Perform all closure inspections at known storage tank system closure activities. D. Perform all installation inspections of known new installations to ensure that the system or system component is properly constructed and installed in accordance with Chapters 62-761 and 62-762, F.A.C.,as applicable. E. Perform routine compliance inspections and required re-inspections of facilities listed on each executed Task Assignment based on resources and priorities. Facilities not inspected during the current executed Task Assignment, will be prioritized to be inspected during the subsequent Task Assignment. This list will include all facilities with at least one single-walled regulated system. F. Re-inspections should be performed as needed to verify compliance of items identified as requiring a re-inspection, as referenced in the "Storage Tank System Program Violation List" (Guidance Document A).All violations, regardless of severity,which solely involve notification or reporting, will not require a re-inspection, unless otherwise required in Guidance Document A. The CONTRACTOR will not be required to perform a re-inspection if the CONTRACTOR and the DEP's Task Manager agree that it is unwarranted. 5. Site inspections responsibilities shall include: A. Contacting facility owners or operators, verbally or in writing, to schedule compliance inspections, installation inspections, closure inspections, discharge inspections, and re- inspections. The DEP Task Manager may require written notification of inspections if verbal methods have proven unsatisfactory. B. With the exception of CONTRACTOR-owned/operated facilities, meeting with the owners, operators, and/or other authorized representatives of all regulated facilities for the purpose of determining compliance with Chapters 62-761 and 62-762, F.A.C., and Chapter 376, F.S. C. Distributing registration forms to all unregistered facilities that become known to the CONTRACTOR as they are discovered, performing compliance inspections at all unregistered facilities that are subject to Chapters 62-761 and/or 62-762, F.A.C., as they are discovered, and taking appropriate measures where required to bring these facilities into compliance. E. Completing all inspection reports using the Florida Inspection Reporting for Storage Tanks (FIRST) database and in accordance with the minimum standards referenced in the "FIRST User's Guide"(Guidance Document B). F. Responding to complaints by performing a complaint investigation,documenting actions taken and maintaining appropriate copies of all complaint information as directed by the DEP Task Manager. G. Responding to requests for public assistance both in the office and during inspections. H. Completing Storage Tank System Leak Autopsy Report Forms in electronic format and submitting them to the DEP Contract Manager within ten (10) days of the Discharge Inspection. Submit the complete electronic form with comments, the Discharge Reporting Form(DRF)and photographs. DEP Contract No.GC690,Page 2 of 13 V 2 41114111 EXHIBITAJ C I. Completing an Underwriters Laboratories (UL) Flex-Pipe Incident Notification Form upon the discovery of any structural or material compatibility problems involving Flex-Pipes and submitting them to the DEP Contract Manager within ten (10) days of discovery. A copy should also be submitted to UL. 6. Perform Level 1 enforcement actions. A. These actions shall include investigation and documentation of violations of Chapters 62-761 and 62-762, F.A.C., or the county's equivalent regulations, preparation of noncompliance letters and related activities as described in Attachment A and in accordance with the "Storage Tank System Program Violation List" (Guidance Document A) and "Level of Effort Guidance"(Guidance Document F). B. An individual(s) in a position equivalent to an Environmental Specialist II level or higher shall conduct Level 1 enforcement activities. Noncompliance letters may be prepared and sent by an individual(s) at the Environmental Specialist I level under the direction of an individual at the Environmental Specialist II level or higher. C. All enforcement documents shall be on DEP forms, in DEP format,or have DEP approval. D. All noncompliance letters shall be issued through FIRST in such a way as to ensure the database's capture of these activities for report purposes. E. Any penalties assessed under this Contract shall be in accordance with DEP Directive 923: Settlement Guidelines for Civil and Administrative Penalties(Guidance Document J). F. If there is any indication that enforcement actions are not being performed; the DEP Task Manager may request the submission of a Corrective Action Plan. The Task Manager shall be responsible for reviewing the plan and notifying the CONTRACTOR if the plan is approved or in need of revision. 7. Assessment of Performance Levels. A. The CONTRACTOR shall perform inspections as directed in the previously stated Priority Order in paragraph 4, above, and assess performance levels monthly to determine its progress towards completion of each Task Assignment. Upon discovery of any problems that would delay or prevent the timely progress and completion of each Task Assignment, the Contractor shall notify the DEP Task Manager. B. Following the effective date of each Task Assignment, the CONTRACTOR should have completed the following 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 been completed. (2) After eight (8) months, sixty-six percent (66%) of inspections should have been completed. (3) After twelve (12) months, one hundred percent (100%) of inspection should have been completed. 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 the sixth month,forty-eight percent(48%)for the seventh month,fifty-seven percent(57%)for the eighth month, sixty-five percent (65%) for the ninth month, seventy-three percent (73%)for DEP Contract No.GC690,Page 3 of 13 1 6 C • EXHIBIT A the tenth month or eighty-two percent for(82%)the eleventh month,then the CONTRACTOR shall submit a Corrective Action Plan, within ten (10)days of receipt of a written request from the DEP Task Manager, to the DEP Task Manager describing the steps that will be taken to meet the terms of the Task Assignment. D. If there is any indication that other required inspections or activities are not being performed, the DEP Task Manager may request the submission of a Corrective Action Plan (Plan). E. The DEP Task Manager shall be responsible for reviewing the plan and notifying the CONTRACTOR if the Plan is approved or in need of revision. F. If the CONTRACTOR does not successfully implement the Plan as approved by the DEP Task Manager for the remaining months of the Task Assignment, the DEP may withhold further payment of monthly invoices until such time as the CONTRACTOR comes into compliance with those performance levels as outlined in paragraph 7.B.,above. G. A completion rate of 100 percent is required for those activities described in Paragraph 3, above, and as set forth in each Task Assignment, unless otherwise indicated in the Task Assignment. H. In the event the CONTRACTOR is unable to meet 100% performance levels set forth in the Task Assignment, the DEP reserves the right to seek cost recovery according to the percentage of the amount identified in each executed Task Assignment, unless failure of the CONTRACTOR to perform is documented to be beyond the foreseeable control of the CONTRACTOR(i.e.a force majeure event). 8. The DEP shall authorize the CONTRACTOR to provide services under this Contract utilizing the Task Assignment Notification Form, attached hereto and made a part hereof as Attachment B.The CONTRACTOR acknowledges that no work shall be performed until a Task Assignment authorizing work has been fully executed by the DEP and the CONTRACTOR. If, during the term of an executed Task Assignment, a modification of the Task Assignment is needed,the DEP may issue a new Task Assignment Form clearly marked with the original task number and the appropriate amendment number, detailing the revised description of the work to be performed. As with the original Task Assignment,all amendments to Task Assignments must be executed by both the DEP and the CONTRACTOR prior to the work being performed. CONTRACTOR RESPONSIBILITIES 9. The CONTRACTOR shall administer the compliance verification program, provide technical assistance, and perform level 1 enforcement actions. Data generated from all inspections conducted under the direction of the DEP shall be entered into FIRST prior to the submittal of an invoice to the District. The CONTRACTOR shall also conduct 'Discharge Prevention Response Certificate (DPRC) Inspections" (Guidance Document H)at all applicable facilities pursuant to Rule 62N-16.032, F.A.C. 10. The CONTRACTOR shall comply with all provisions of this Contract, verify facility compliance with Chapter 376, F.S.,Chapters 62-761, 62-762,and 62N-16.032, F.A.C., and be knowledgeable of the differences between the state and federal environmental statutes and rules applicable to underground storage tanks. 11. The CONTRACTOR shall require that qualified individuals perform field inspections and that they receive training on Chapters 62-761, 62-762, and 62N-16.032, F.A.C., Chapter 376, F.S., RCRA Subtitle I standards and DEP enforcement procedures. DEP Contract No.GC690,Page 4 of 13 16C 2 EXHIBIT A • • 12. The CONTRACTOR shall provide a sufficient number of qualified staff to satisfactorily complete all the responsibilities included in this Contract. All individuals hired after the effective date of this Contract shall possess qualifications equivalent to DEP position levels as specified in this Contract. 13. All field inspectors and enforcement personnel shall attend and complete scheduled storage tank inspector training courses and pass any examinations. If the employee fails to pass, the employee may take the examination at the next offered training class. During this period the employee may continue to perform inspections. However, subsequent failure to provide certified inspectors 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 facility inspected 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 review closure reports filed by facility owners or operators to insure that the DEP's "Storage Tank System Closure Requirements" (Guidance Document C) have been followed. In cases where these requirements have not been met, the CONTRACTOR shall initiate Level 1 enforcement actions to compel compliance. In cases where these requirements have been met and none the of DEP's cleanup target levels have been exceeded, the CONTRACTOR shall issue a Closure Report Review Letter for the system or component described in the Closure Report indicating the Closure Report meets the requirements of Chapter 62-761 and/or 62-762, F.A.C. In cases where cleanup target levels have been exceeded, the CONTRACTOR shall follow further direction from the DEP Task Manager. 16. The CONTRACTOR shall maintain files on regulated facilities for inspection reports, noncompliance letters, warning letters, or any other related enforcement documentation,telephone logs and written correspondence from the facility that may not be available in FIRST. In the event a case referral to the DEP District Office for further enforcement is necessary, a case summary, a copy of any documents pertinent to the case that are not available in FIRST, and a letter of referral shall be submitted to the DEP District Office in accordance with the "Guidelines for Case Referrals" (Guidance Document I). 17. Facility files must be kept until the site has been determined closed. Once the facility has been closed 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 retention requirements. Copies can be maintained by the CONTRACTOR at the CONTRACTOR'S expense. If, for any reason, the DEP's contractual arrangement with the CONTRACTOR to perform the inspection program (through 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 Contract expiration or termination. 18. The CONTRACTOR shall provide complete copies of discharge packages (discharge reporting form, discharge inspection report, Site Assessment Request letter (if required)) to the DEP Task Manager and DEP Contract Manager within thirty(30)days of receipt of the reported discharge. 19. The CONTRACTOR shall provide attendance of at least one program staff member at scheduled meetings and at scheduled teleconferences, including the Tanks Conference. The DEP Task Manager may authorize attendance at a location other than the District Office. The CONTRACTOR shall provide attendance of additional staff members as requested by the DEP. 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 training required to meet OSHA standards (an initial 24 or 40 hour course within 6 months of employment under this Contract,followed by an annual 8 hour refresher course). DEP Contract No.GC690,Page 5 of 13 1 6 C 2 • . EXHIBIT 22. The CONTRACTOR shall supervise the Local Compliance Program with an individual at a minimum equivalent to the DEP's Environmental Specialist III personnel category. 23. The CONTRACTOR shall perform all clerical activities for the above-mentioned tasks, by an individual at a minimum equivalent to a Secretary Specialist level or higher. 24. The CONTRACTOR shall provide copies of applicable rules, inspection forms, and other program/public assistance information to the public and regulated interests. However,this provision does not authorize photocopying of reference documents in violation of copyright law. 25. The CONTRACTOR shall use recycled paper for all program correspondence and documents. 26. The CONTRACTOR shall maintain financial books, records, and documents directly pertinent to performance under this Contract in accordance with generally accepted accounting principles consistently applied. All books, records, and documents pertinent to performance under this Contract shall be maintained for the entire term of this Contract and for five years following the expiration or termination of this Contract. The DEP, the State, or their authorized representatives shall have access to such records for audit purposes during the entire term of this Contract and for five years following the expiration or termination of this Contract. A penalty of 8.3% of the current Task Assignment amount will be assessed for each year that shows insufficient record keeping. 27. The CONTRACTOR shall maintain a separate account (Trust Fund or Cost Center) within the CONTRACTOR's accounting system for the receipt and disbursement of funds provided under this Contract 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 utilizing the"Guidelines for Preparing Year End Financial Statement"(Guidance Document G)for the period of the executed Task Assignment within forty-five(45)days of payment of the twelfth invoice for the current Task Assignment. If the CONTRACTOR fails to timely provide a Statement of Revenue, Expenses and Fund Balance within the forty-five (45) day period, the CONTRACTOR will be assessed a five percent (5%)penalty based on the current Task Assignment amount. The penalty amount will be subtracted from Invoice Number 12 in the current Task Assignment Year. The CONTRACTOR is still obligated to provide the Statement of Revenue, Expenses and Fund Balance to the DEP even if the CONTRACTOR provides this statement after the 45-day deadline and is assessed the five percent(5%)penalty. 29. If the CONTRACTOR's fund balance is less than or equal to ten percent (10%) of its current year Task Assignment, the CONTRACTOR may retain the surplus provided that such surplus must be used pursuant to the provisions of this Contract, the Task Assignment and Section 376.3071, F.S. If the CONTRACTOR's fund balance is greater than ten percent (10%) of its current year Task Assignment amount, the CONTRACTOR shall refund to the DEP any and all amounts in excess of ten percent(10%)of the current year Task Assignment amount. However,the CONTRACTOR can submit to the DEP,with the Fund Balance Report,a written proposal to retain the funds that exceed the ten percent (10%) of the current year Task Assignment. The DEP, at its sole discretion, will then determine whether the CONTRACTOR may retain the funds greater that ten percent (10%)of the current year Task Assignment. 30. The CONTRACTOR shall not allocate funding to non-program activities outside the scope of this Contract or any Task Assignment. Sections 376.3071 and 376.11, F.S., prohibit the use of IPTF and Florida Coastal Protection Trust Fund(FCPTF)moneys for purposes other than those specified in these sections. 31. Access to DEP databases shall be made by using an Internet connection. Therefore, the CONTRACTOR is responsible for subscribing to and paying for all charges related to use of the DEP Contract No.GC690,Page 6 of 13 6 e , • • EXHIBIT A 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 listed 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 CONTRACTOR hereby acknowledges receipt of the following 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 Requirements D. Guidance Document D -- Compliance Verification Program Local Program Review Form." E. Guidance Document E — Contractual Services Invoice F. Guidance Document F — Level of Effort Guidance G. Guidance Document G -- Guidelines for Preparing Year End Financial Statement H. Guidance Document H -- Discharge Prevention Response Certificate(DPRC) Inspections I. Guidance Document I -- Guidelines for Case Referrals J. 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 in accordance with paragraph 42, below, and at a minimum, provide details on any corrective actions that will be implemented. 34. The CONTRACTOR shall submit a satisfactory Corrective Action Plan to the DEP Task Manager upon notification of a score below seventy-five (75) on the Program Review within fourteen (14) calendar days of notification of the score. Because a score below 75 reflects an unacceptable level of performance, if the CONTRACTOR receives a score below 75, a penalty of 8.3% of the current Task Assignment amount will be assessed. The penalty amount will be subtracted from invoice Number 12 in the current Task Assignment Year. 35. The CONTRACTOR is responsible for the professional quality,technical accuracy, and coordination of all reports and other services furnished by the CONTRACTOR under this Contract. The CONTRACTOR shall, without additional compensation, correct or revise any errors, omissions, or other deficiencies in its reports and other services. DEP RESPONSIBILITIES 36. The DEP shall administer the 'Storage Tank Training Course" to provide inspector training for all CONTRACTOR inspectors and enforcement personnel. 37. The DEP shall serve in an advisory capacity to the CONTRACTOR. The DEP shall make legal interpretations of DEP rules,which shall be binding with respect to the CONTRACTOR'S ordinances to the extent that those ordinances adopt the provisions of Chapters 62-761 and 62-762, F.A.C., as required 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 DEP shall provide training in new technology and program management changes at the Annual Program and Supervisors'Meetings. DEP Contract No.GC690,Page 7 of 13 EXHIBIT Al b C z • 40. The DEP shall conduct enforcement activities for violations of Chapters 62-761 and 62-762, F.A.C., when case referrals are properly made and forwarded to the District Office in accordance with the "Guidelines for Case Referrals"(Guidance Document I). 41. The DEP shall provide information to the CONTRACTOR about DEP registered storage tank system equipment, alternate procedures (waivers, variances, or registrations), licensed Pollutant Storage Systems Contractors(PSSC),and Registered Precision Tank Testers. 42. At least once annually, the DEP shall perform a Program Review using the"Compliance Verification Program Local Program Review Form"(Guidance Document D),and provide a copy of the Program Review findings to the CONTRACTOR upon completion of the Program Review. The CONTRACTOR shall be notified at least fourteen (14) calendar days prior to a review of the CONTRACTOR'S hard copy facility files so that the CONTRACTOR may make arrangements to have files and personnel available for the review as needed. The DEP may conduct inspections, including accompanied inspections and follow-up inspections, at any reasonable time. In addition, the DEP may also conduct facility file reviews through FIRST at any time. The DEP Task Manager may perform additional program reviews,as deemed necessary, to insure the required performance of the CONTRACTOR. The DEP Task Manager may forgo a Program Review for the next Task Assignment for a CONTRACTOR that receives a score of 95 or greater on the Program Review during the current Task Assignment. TERM OF CONTRACT 43. This Contract shall become effective on the date of execution or July 1, 2007, whichever date is later; and shall remain in effect until June 30, 2017. In accordance with Section 287.058(2), Florida Statutes, the CONTRACTOR shall not be eligible for reimbursement for services rendered prior to the execution date of this Contract and the execution of a Task Assignment. The DEP anticipates Task Assignments will be executed no later than July 1 of each year detailing the requirements for the next twelve (12) month period. Task Assignment performance periods may not extend beyond the completion date of the Contract established above. This Contract may be renewed for an additional term not to exceed the original Contract period or three (3) years, whichever is longer. Renewal of this Contract shall be In writing and subject to the same terms and conditions of this Contract. All renewals are contingent upon satisfactory performance by the CONTRACTOR and the availability of funds. NOTICES 44. Any and all notices shall be delivered to the parties at the following addresses: CONTRACTOR DEP Robert Ward Mr. Marshall Mott-Smith Collier County Board of Department of Environmental Protection County Commissioners Bureau of Petroleum Storage Systems Collier County Pollution Control 2600 Blair Stone Road, MS4525 and Prevention Department Tallahassee, Florida 32399-2400 3301 Tamiami Trail E, Bldg H Naples, Florida 34112 COMPENSATION 45. For satisfactory performance, DEP agrees to compensate the CONTRACTOR on a fixed price basis as described by each executed Task Assignment. It is hereby understood and agreed by both parties that the compensation provided under this Contract shall not exceed the amount negotiated in each executed Task Assignment for each specified period. The DEP's calculation of the fixed price identified above is outlined in the executed Task Assignment Notification Form. DEP Contract No.GC690,Page 8 of 13 1 6 C EXHIBIT 46. The State of Florida's performance and obligation to pay under this Contract is contingent upon an annual appropriation by the Legislature and continuation of other funding presently anticipated. PAYMENTS 47. The CONTRACTOR shall submit monthly invoices in the amount specified in the executed Task Assignment. Each invoice shall be submitted using the "Contractual Services Invoice" (Guidance Document E). Each invoice is due no later than the 15th day of the month following the month of services. Travel expenses associated with the annual meeting, Tanks Program Supervisor's Meetings, 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 authorized. 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 completion 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. 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 have five (5)working days, unless otherwise specified herein, to inspect and approve the services for payment; the DEP must submit a request for payment to the Florida Department of Financial Services within twenty (20)days; and the Department of Financial Services is given ten (10)days to issue a warrant. Days are calculated from the latter date the invoice is received or services received, inspected, and approved. Invoice payment requirements do not start until a proper and correct invoice has been received. Invoices which have to be returned to a contractor for correction(s)will result in a delay in the payment. A Vendor Ombudsman has been established within the Florida Department of Financial Services who may be contacted if a contractor is experiencing problems in obtaining timely payment(s) from a State of Florida agency. The Vendor Ombudsman may be contacted at 850- 410-9724 or 1-800-848-3792. 49. In accordance with Section 215.422, Florida Statutes, the DEP shall pay the Contractor, interest at a rate as established by Section 55.03(1), Florida Statutes on the unpaid balance, if a warrant in payment of an invoice is not issued within forty (40) days after receipt of a correct invoice and receipt, inspection, and approval of the goods and services. Interest payments of less than $1 will not be enforced unless a contractor requests payment. The interest rate established pursuant to Section 55.03(1), Florida Statutes may be obtained by calling the Department of Financial Services, Vendor Ombudsman at the telephone number provided above or the DEP's Procurement Section at 850-245-2361. REPORTS AND DELIVERABLES 50. The DEP Task Manager shall review the monthly invoice for accuracy and completeness and review such things as the number of inspections completed in the FIRST application before the monthly invoice is forwarded to the Bureau of Petroleum Storage Systems in Tallahassee, Florida for processing. The DEP has ten (10)working days from the receipt of all deliverables and reports to review the work performed by the CONTRACTOR during the invoice period. If the CONTRACTOR fails to perform as directed by the terms of this Contract, the DEP shall return the unpaid invoice and/or reports and deliverables to the CONTRACTOR documenting the areas in which the CONTRACTOR has failed to meets its contractual obligations. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Contract No.GC690,Page 9 of 13 EXHIBIT A1 o C 2 EQUIPMENT 51. Upon satisfactory completion of this Contract,the CONTRACTOR may retain ownership of the non- expendable personal property or equipment purchased under this Contract. However, the CONTRACTOR shall complete and sign a Property Reporting Form, DEP 55-212, provided as Attachment C, and forward it along with the appropriate invoice to the DEP's Contract Manager.The following terms shall apply: A. The CONTRACTOR shall have use of the non-expendable personal property or equipment for the authorized purposes of the contractual arrangement as long as the required work is being performed. B. The CONTRACTOR is responsible for the implementation of adequate maintenance procedures to keep the non-expendable personal property or equipment in good operating condition. C. The CONTRACTOR is responsible for any loss, damage, or theft of, and any loss,damage or injury caused by the use of, non-expendable personal property or equipment purchased with state 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 of services under this Contract to the CONTRACTOR, a DEP Property Loan Agreement shall be completed and maintained in the Contract file. E. If the CONTRACTOR fails to perform its obligations under this Contract, the CONTRACTOR shall deliver possession and custody of all such equipment to the nearest District Office location, unless otherwise agreed,within thirty(30)calendar days of Contract termination. MANAGEMENT 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 will identify the DEP Task Manager and the CONTRACTOR's Task Manager. All matters relating to a specific Task Assignment shall be directed to the DEP Task Manager for appropriate action or disposition. All matters relating to this Contract shall be directed to the DEP Contract Manager. TERMINATION 53. Either party may terminate this Contract for its convenience by giving the other party thirty(30)days written notice. If termination is effected by the DEP, the CONTRACTOR shall be compensated for work satisfactorily completed and irrevocable commitments made. If termination is effected by the CONTRACTOR,the CONTRACTOR shall be compensated for work satisfactorily completed. 54. If the CONTRACTOR fails to perform in a timely and proper manner, in the judgment of the DEP, the DEP may terminate this Contract by thirty (30) days written notice, specifying the effective time/date of termination. In this event, the CONTRACTOR shall be compensated for any work satisfactorily completed. 55. This Contract may be terminated by the DEP for refusal by the CONTRACTOR to allow public access to all documents, papers, letters, or other material made or received by the CONTRACTOR in conjunction with this Contract, unless the records are exempt from Section 24(a)of Article 1 of the State Constitution and Section 119.07(1), Florida Statutes. DEP Contract No.GC690,Page 10 of 13 EXHIBIT / b C 2 • 1111 56. It is hereby understood and agreed that in the event the DEP makes a clear determination that the CONTRACTOR has breached this Contract to the extent that the CONTRACTOR is (at the sole discretion of the DEP) inadequate to administer the Storage Tank System Compliance Verification Program, compliance inspections, and preliminary enforcement activities under Chapters 62-761 and 62-762, F.A.C., and Chapter 376, F.S., for regulated storage tank systems in its jurisdiction, or that such program is being carried out in a manner inconsistent with the requirements of this Contract, the DEP may, as an alternative to termination of this Contract, and at the DEP's sole discretion, require corrective measures to be taken by the CONTRACTOR within a reasonable period of time, not to exceed 45 days. In the event the CONTRACTOR fails to take such necessary corrective action within the time required, the DEP may terminate this Contract in accordance with paragraph 54,above. ADDITIONAL PROVISIONS 57. All services shall be performed by the CONTRACTOR to the satisfaction of the Secretary of the DEP or his/her designated representative. 58. The DEP and the CONTRACTOR may at any time, by written order designated to be a change order, make any change in the work within the general scope of the Contract (e.g., specifications, time, method or manner of performance, requirements, etc.). Changes to Task Assignment Notification Forms issued by the DEP shall be evidenced by an amendment to the Task Assignment as described in paragraph 8, above. All change orders are subject to mutual agreement of both parties and shall be evidenced in writing. Any change order,which causes an increase or decrease in the CONTRACTOR's cost or time, shall require an appropriate adjustment and modification (amendment)to this Contract. 59. The CONTRACTOR covenants that it presently has no interest and shall not acquire any interest, which would conflict in 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 solicit 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 the CONTRACTOR for the purpose of securing business. 61. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, F.S., for Category Two for a period of 36 months from the date of being placed on the convicted vendor list. 62. The CONTRACTOR shall comply with all federal, state and local rules and regulations in providing services to the DEP under this Contract. The CONTRACTOR acknowledges that this requirement includes compliance with all federal,state and local health and safety rules and regulations. 63. No delay or failure to exercise any right, power or remedy accruing to either party upon breach or default by either party under this Contract, shall impair any such right, power or remedy of either party; nor shall such delay or failure be construed as a waiver of any such breach or default, or any similar 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 consent of the DEP. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Contract No.GC690,Page 11 of 13 EXHIBIT Al b C •65. Discriminatory Practices. A. No person,on the grounds of race,creed,color, national origin,age, sex,or disability,shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Contract. B. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, and may not submit bids on leases of real property to a public entity. The Florida Department of Management Services is responsible for maintaining the discriminatory vender list and intends to post the list on its website. Questions regarding the discriminatory vender list may be directed to the Florida Department of Management Services, Office of Supplier Diversity at 850-487-0915. 66. To the extent required by law, the CONTRACTOR will be self-insured against, or will secure and maintain during the life of this Contract, Workers' Compensation Insurance for all its employees connected with the work under this Contract. In case any work is subcontracted, the CONTRACTOR shall require the subcontractor similarly provide Workers'Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the CONTRACTOR. Such self-insurance program or insurance coverage shall comply fully with the Florida Workers' Compensation law. In case any class of employees engaged in hazardous work under this Contract is not protected under Workers' Compensation statutes, the CONTRACTOR shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the DEP, for the protection of his employees not otherwise protected. 67. For purposes of this Contract, the CONTRACTOR is not authorized to issue variances or waivers pursuant to Section 120.542, F.S., to issue declaratory statements pursuant to Section 120.565, F.S., or the County equivalent of these provisions where the affect would be to issue a variance, waiver or declaratory statement of a state law or rule that has been adopted as a County ordinance. 68. Nothing in this Contract shall be considered an approval by the DEP of equivalent, more stringent or extensive local programs pursuant to Section 376.317, F.S. LIABILITY 69. The CONTRACTOR, as an independent contractor and not an agent, representative, or employee of the DEP, agrees to carry adequate liability and other appropriate forms of insurance. The DEP shall have no liability except as specifically provided in this Contract. 70. Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28, F.S. SEVERABILITY 71. In the event one or more provisions of this Contract are declared invalid, the balance of this Contract shall remain in full force and effect. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Contract No.GC690,Page 12 of 13 EXHIBIT Al 6 C 2 S ill 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. COLLIER COUNTY BOARD OF FLORIDA DEPARTMENT OF COUNTY COMMISSIONERS ENVIRONMENTAL PROTECTION Collier County Pollution Co rol j...7 and Preveny-partm / / Aie A&I/W. ifL Aid ,:iit.-----*Title — 01etta i:/, :ur-f bleu S ; -!: Systems .;,Cham L Date: ,;,4e/. e,7 J Date: / .2 ATTE3t Dfi4fjdt!T E B.t0C(, CLERK //leci , A Attu 'as t Airman Marshall Mo mith, D Contract Manager Cigna�drgfotl'y Approved to form & legal sufficiency _ DEP Conracts Admini ator rD M'► Pok-P(A --- . Assi tant County Attorney Approved as to form/legality: DEP 4sistant General Counsel *For contracts with governmental boards/commissions: If someone other than the Chairman 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 Description(include number of pages) Attachment A Standard Contract Definitions(5 pages) Attachment B Task Assignment Notification Form(1 Page) Attachment C Property Reporting Form (1 Page) DEP Contract No.GC690,Page 13 of 13 t 1 6 C EXHIBIT A 111 • ATTACHMENT A STANDARD CONTRACT DEFINITIONS STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Storage Tank Program Contractor Clean Closure Review Letter A letter sent by the contractor to storage tank system owners notifying them that their Closure Assessment Report has been reviewed and that no cleanup is required based on the data submitted. Cleanup Notification Letter A letter sent by the contractor based on the review of Closure Assessment Reports or Discharge Inspections informing owners of their responsibility to proceed with a cleanup of their site in accordance with Chapter 62-770, F.A.C., or wait for Department authorization to proceed with cleanup in accordance with Section 376.30711, Florida Statues(F.S.) Closure Event The closure of a tank(s)or component(s)from a single excavation or location (Aboveground Storage Tank)during a continuous time period. Closure Inspection An inspection performed during or after a storage tank system closure event in order to determine if the system was closed in accordance with Department rules. Additional site visits may be needed to complete the closure inspection form for a closure event. No compliance inspection will be performed at a closed facility after a closure inspection. Complaint An expression of dissatisfaction received by DEP or local government personnel from a person who is concerned about a storage tank system installation,removal, operation,or contamination situation. Complaint Investigation All work associated with responding to verbal or written complaints and inquiries including the investigation and reporting of possible violations of storage tank system rules and suspected releases. The contractor shall conduct complaint investigations for any complaints received from any source or as requested by the Department. The investigation should include a complete and thorough Chapter 62-761 and 62-762, F.A.C. inspection for regulated facilities as appropriate. Inspections of regulated and unregulated facilities should be conducted using the FIRST system. Complaint Referral If it is determined to be beyond the scope of authority of the contractor, a complaint may be referred to the Department District Office or other appropriate agency. The referrals shall include copies of all forms and documented findings of the investigation as required by the Department. Compliance Verification Program A locally administered program for the inspection of storage tanks as authorized in 376.303(1)(a)F.S. The purpose of this program is to determine and enforce compliance with Chapter 62-761, F.A.C. DEP Contract No.GC690,Attachment A,Page 1 of 5 I C - EXHIBITA 1111 Compliance without Enforcement(CWOE) A return to full 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 receipt 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-compliance. Once a case has been referred to the Department's District Office for formal enforcement, it is no longer a CWOE. Contractor-owned Facility 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 facility. A compliance inspection where a discharge is initially noted will only be counted as a compliance inspection and a Discharge Report Form inspection would 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 Funds Any fund with disbursements made in a manner consistent with the intent of Section 403.1651, Florida Statutes. Environmental Specialist I An Environmental Specialist I must have: -A bachelor's degree from an 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 college education. Note: Substitutions for qualified personnel can be made at the written discretion of the Department based on the tenure of professional experience in a directly related field. Environmental Specialist II An Environmental Specialist II must have: -A bachelor's degree from an accredited college or university with a major in one of the physical or natural sciences or engineering and two years of professional experience in environmental protection, regulation or health; one of the physical or natural sciences;or engineering;or -A master's degree from an accredited college or university in one of the physical or natural sciences or engineering and one year of professional experience as described above;or -A doctorate degree from an accredited college or university in one of the physical or natural sciences or engineering;or -One year of experience as an Environmental Specialist I with the State of Florida; or -Professional experience in environmental protection, regulation or health; one of the physical or natural sciences; or engineering can substitute on a year-for-year basis for the required college education. DEP Contract No.GC690,Attachment A,Page 2 of 5 1 6 C EXHIBIT A 411 • Note: Substitutions for qualified personnel can be made at the written discretion of the Department based on the tenure of professional experience in a directly related field. Environmental Specialist III An Environmental Specialist III must have: -A bachelor's degree from an accredited college or university with a major in one of the physical or natural sciences or engineering and three years of professional experience in environmental protection, regulation or health;one of the physical or natural sciences;or engineering; or -A master's degree from an accredited college or university in one of the physical or natural sciences or engineering and two years of professional experience as described above;or -A doctorate degree from an accredited college or university in one of the physical or natural sciences or engineering; or -Two years of experience as an Environmental Specialist I or higher with the State of Florida;or -Professional experience in environmental protection, regulation or health; one of the physical or natural sciences; or engineering can substitute on a year-for-year basis for the required college education. Note: Substitutions for qualified personnel can be made at the written discretion of the Department based on the tenure of professional experience in a directly related field. Environmental Supervisor II An Environmental Supervisor II must have: -A bachelor's degree from an accredited college or university with a major in one of the physical or natural sciences or engineering and three years of professional experience in environmental protection, regulation or health;one of the physical or natural sciences;or engineering;or -A master's degree from an accredited college or university in one of the physical or natural sciences or engineering and two years of professional experience as described above;or -A doctorate degree in one of the physical or natural sciences or engineering; or -Two years of experience as an Environmental Specialist I or higher with the State of Florida; or -Professional experience in environmental protection, regulation of health; one of the physical or natural sciences; or engineering can substitute on a year-for-year basis for the required college education. An Environmental Supervisor II must supervise at least two professional environmental positions to be classified as an Environmental Supervisor II. If this criterion is not met, the position must be classified as an Environmental Specialist III(see requirements above). Note: Substitutions for qualified personnel can be made at the written discretion of the Department based on the tenure of professional experience in a directly related field. Florida Inspection Reporting of Storage Tanks(FIRST) FIRST is an information gathering application utilized by inspectors in the field to input data on the conditions of any facility state-wide? The information is collected by the inspectors in all 67 counties using a laptop computer and then transferred to Tallahassee via the intemet multiple times daily. DEP Contract No.GC690,Attachment A,Page 3 of 5 16C2 EXHIBIT A Installation Inspections The initial inspections performed at new facilities at the time of installation in order to determine if the storage systems will be installed in accordance with Department rules. Level 1 Enforcement The minimum level of enforcement responsibility that a local government must perform as part of the Compliance Verification Program. The Department has the responsibility 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 responsible for: 1. Issuing Noncompliance and Warning Letters. 2. Conducting or participating in informal compliance or technical meetings with owner/operators to resolve violations. 3. Documentation of phone calls, meetings,etc.,to prepare enforcement referrals to the Department. 4. 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 has the enforcement lead and enforcement is carried out under the contractor's ordinance. The contractor must also: 1. Take the lead in the discovery process. 2. Be responsible for judicial remedies, including the determination of civil penalties, injunctive relief, and assessment of damages. 3. Complete Consent Orders, Notices of Violation,and Final Orders. 4. Perform post judgment enforcement activities. 5. Obtain inspection warrants as 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 work related to providing technical, regulatory and other information to citizens,government officials,associations,planning councils,and consultants in order to implement the storage tank program for above and underground storage tank systems. Examples include rule interpretation meetings or calls,speeches,presentations,and meetings with local officials. Regulated Chapter 62-761 and 62-762,F.A.C. Facilities A regulated facility,which has at least one storage tank system that stores a regulated substance that is either in-service,temporarily out-of-service,or unmaintained, and includes federal facilities. Registered Improperly Closed Facility A facility with one or more storage tank systems,which have been registered as being dosed;where there is no information or confirmation regarding the closure. If there are regulated active tanks at this facility 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 normally only counted during the first contract year if applicable. DEP Contract No.GC690,Attachment A,Page 4 of 5 EXHIBIT 6 C • Re-inspection A follow-up inspection performed by the contractor to verify correction of noncompliance items requiring verification at the site for storage tank system rules. Re-inspections are required for all violations identified as having a moderate or major potential for harm to the environment and moderate or major extent of deviation from the regulations, as references in the Storage Tank Penalty Guidelines and Assessments Memo. All violations, regardless of severity involving notification or reporting will not require a re-inspection. Routine Compliance Inspection An inspection performed at a Chapter 62-761 or 62-762, F.A.C. regulated facility during the contract period, for which a Storage Tank Facility Compliance Report Inspection Form has been completed. Routine compliance inspections do not include enforcement-related re-inspections. 1. Unregistered Facility Compliance Inspection A routine compliance Inspection conducted at a site that contains one or more petroleum storage systems that are regulated under Chapter 62-761 or 62-762, F.A.C. and has not been registered with DEP as a regulated facility. Secretary Specialist One year of secretarial or office clerical experience and attainment of a typing score of at least 35 correct words per minute on the typing test administered by an office of the Job Service of Florida, the state employment service of another state, or the central personnel agency of another state. Possession of a 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 Vocational/technical training in the area of secretarial science or office/business studies can substitute at the rate of 720 classroom hours for the year of required work experience; or A high school diploma or its equivalent can substitute for the one year of work experience. Waminq Letter A formal letter sent certified mail to a facility 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 follow a format approved by DEP's Office of General Counsel. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Contract No.GC690,Attachment A,Page 5 of 5 16C • • EXHIBIT A Attachment B Florida Department Of Environmental Protection Task Assignment Notification Form for Collier County Contract No.GC Task No. Amendment No. Date Performance Period: Effective the date of execution of this Task Assignment or July 1, whichever is later,and shall remain in effect until June 30, Description: (Additional Pages May be Utilized) Payment Schedule: Task Managers: DEP Task Manager:_ Phone: Contractor Task Manager: Phone: Authorization: DEP Contract Manager Date Contractor's Contract Manager Date DEP Budget Representative Date Funding: Org.Code IE.O. 'Object Code'Module 'Special Category' Year I Amount 137 I I I 1 I I$ 137 I I I I 1 1$ 1 Notes: CC: DEP Procurement Section(MS 93) Finance&Accounting,Contracts Disbursement Section(MS 78)-2 Copies DEP Task Manager Contractor Task Manager DEP Contract No.GC690,Attachment B,Page 1 of 1 WIIIINERNS rg.l.671m ATTACHMENT C PROPERTY REPORTING FORM FOR DEP CONTRACT NO.GC690 (For Property With Contractor Assigned Property Control Numbers) CONTRACTOR: list non-expendable equipment/personal property* costing $1,000 or more purchased under the above Contract contract, costing $1,000 or more, of property previously purchased under a DEP contract (identify the property upgraded and the aK sheet). Complete the serial no./cost, location/address and property control number columns of this form. The Contractor shall establi personal property purchased under this Contract and shall report the Inventory of said property,on an annual basis,to the Department number,no later than January 31st for each year this Contract is in effect. DESCRIPTION SERIAL— NO./COST** LOCATION/ADDRESS *Not including software. **Attach copy of invoice,bill of sale,or other documentation to support purchase. CONTRACTOR: I Contractor's Project Manager: BELOW FOR DEP USE ONLY DEP CONTRACT Maintain this document with a copy of the invoices supporting the cost of each item ident MANAGER: If the Contract is a cost reimbursement Contract, make sur toilsend Invoices'supporting and Accounting for the processing of the Contractor's invoice fcirpayMent DEP Contract Manager Signature: Date: DEP FINANCE AND ACCOUNTING: No processing required by Finance &Accounting as the Contractor is responsible for retaining o upon satisfactory completion of the Contract. DEP PROPERTY MANAGEMENT: No processing required by the Property Management section as the Contractor will retain ownersi satisfactory completion of the Contract. DEP Contract No.GC690,Attachment C,Page 1 of 1 1 6 C 2 EXHIBIT B DEC 10 2012 • DEP CONTRACT NO.GC690 AMENDMENT NO. 2 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 "DEP" 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 following: Perform routine compliance inspections and required re-inspections of facilities listed on each executed Task Assignment based on resources and priorities. Facilities not inspected during the current executed Task Assignment will be prioritized to be inspected during the subsequent Task Assignment. -- 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 fails 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 1 6 C 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 is hereby deleted in its entirety and replaced with the following: The DEP shall provide program and regulatory guidance for the CONTRACTOR. The DEP shall provide training in new technology and program management changes as necessary. -- 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 Snyderburn. -- 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. • -- Paragraph 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 "Contractual Services Invoice" (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 completion 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, the CONTRACTOR may retain ownership of the non-expendable personal property or equipment purchased under this Contract prior to the execution of this Amendment. The following terms shall 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 determines a need to loan equipment needed for the completion of services under this Contract to the CONTRACTOR, a DEP Property Loan Agreement shall be completed and maintained in the Contract file. C. The CONTRACTOR shall have title to and use of any vehicle previously purchased under this Contract, by its authorized employees only, for the authorized purposes of this Contract as long as the required work is being satisfactorily performed. In the event that this Contract is terminated for any reason, or the use of the vehicle is no longer needed (such as completion of the Contract), title of the vehicle shall be transferred to the DEP. 16C 2 EXHIBIT B D. The CONTRACTOR is responsible for the implementation of manufacturer required maintenance procedures to keep the vehicle in good operating condition. E. The CONTRACTOR shall secure and maintain comprehensive collision and general automobile liability coverage for the vehicle during the term of this Contract. The CONTRACTOR 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 Snyderburn, 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 to Chapters 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 pursuant to 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 parent organization, 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 contractual relationship that involves providing advice, assistance, counsel, or representation to businesses and other organizations on environmental issues, such as the regulatory compliance or the control of environmental contamination from pollutants, toxic substances, and hazardous materials regardless of the 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 that the CONTRACTOR notify the Department in writing within five (5) days of the CONTRACTOR'S discovery of a potential conflict-of-interest and make such continuing disclosure throughout the term of the Contract. In addition to the CONTRACTOR's duty to disclose any conflict-of-interest, the Department shall retain and exercise the right to determine on its own initiative whether or not a conflict-of-interest on the part of the CONTRACTOR or CONTRACTOR'S employee exists. The Department may terminate the Contract if the Department deems such termination to be in the best interest of the Department, or may terminate the CONTRACTOR'S assignment of a CONTRACTOR'S employee to this Contract based upon the Department's assessment of the potential conflict-of- interest. -- 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 required to utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment of all new employees hired by the CONTRACTOR during the term of this Contract. Also, the CONTRACTOR shall include in related subcontracts a requirement that subcontractors performing work or providing services pursuant to this Contract utilize the E-Verify system to verify employment of all new employees hired by the subcontractor during the term of this Contract. 1 6 C 2 EXHIBIT B In all other respects, the Contract of which this is an Amendment, and attachments relative thereto, 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. COLLIER COUNTY BOARD OF FLORIDA DEPARTMENT OF COUNTY COMMISSIONERS ENVIRONMENTAL PROTECTION 5 A eftel-PreverttierrBerielin""tBlij k 44.0, ,,, *Title:Fred W. Coyle, irin Chief, Bureau of Petroleum Storage Systems or designee r� Date: Alf-0-4u— 13 2i Date: 1-2-I LI 1)0 PL C;YSZfrX—J , ATTES .. 0 „Ya'-- William E. Burns Jr., Contract Manager i DW LE. ROC C ERK %go-- : , rczili4==s1cem,iBY r . L-�it V. DEP Contracts Adminisator a � �� .7.7 . 11 APPROVED as to form and legality: ,#19#41#1641eDEP Attorney *For contracts with governmental boards/commissions: If someone other than the Chairman 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. Ap7o.to 7# suedes y • 11/ 1...z....,, L__ Deputy County Attorney 1 6 C 2 EXHIBIT C Attachment B Florida Department of Environmental Protection Task Assignment Notification Form for COLLIER COUNTY Contract No.GC 690 Task No. 11 Amendment No. Date November 14.2016 Performance Period: Effective the date of execution of this Task Assignment and shall remain in effect until June 30.2017. Description: This Task assignment pros ides funding to offset the acquisition of vehicle for expansion of compliance %eritication activities under this Contract and an subsequent renewal contract. The Contractor is sold) responsible for the maintenance.operation and ownership of the s chicle. Invoice with Purchase Order must be submitted by Ma% 3I.21)17. Task Managers: DEP Task Manager: Ryan Snyder Phone: 239-344-5695 Contractor Task Manager: Phil Snyderhurn Phone: 239-994-4535 Authorization 0 a,,,/ NI/10/64 1 fh . r' Manager ate yr- _ / /G /l ont . . 's Contract Manager a '9,,<1 / f 4).-/y/6 DEP Budget Representative Date Funding OR(iANI/AriONCOOL 1.0 t)N)I-.CI('OI)t MODULI. SI'IA'IAI('AT2{(TORY 1'R AMR IN1 37450305000 JD 132500 4562 IPTF 100029 16 525,000.00 17 Notes: CC: 1)LP Contracts(MS 93) Finance& Accounting.Contracts Disbursement Section(MS 7111 I cope DEP I ask Manager DEP Contract No.CC679.Attachment 13,Page 1 of 1 60gBrg I Florida Department of Environmental Protection -• INVOICE APPROVAL FOR CONTRACTS AND GRANT AGREEMENT DISBURSEMENTS FORM ELECTRONIC CONTRACT INVOICE SUBMISSION ONLY Required Signatures: AdobeSignature This form should be completed in full and submitted electronically through the Shared Contract Invoice Document Drive along with the invoice and other required documentation as defined by agreement. Date Invoice Received 05/17/2017 Contract or Grant Agreement Number: GC690 Is this the Final Invoice? Yes 1=1 No ❑ Capitalization? Yes❑ No IN InvoiceAmount $ 25,000.00 Less:Retainage Less:Amount Denied Approved Payment Amount $ 25,000.00 Payment Funding Source(s)(Funding must agree with current FLAIR encumbrance information.): ORGANIZATION EO OBJECT FUND CATEGORY YR GRANT OCA/ PROJECT PAYMENT AMOUNT CODE CODE MODULE NUMBER 37450305000 JD 132500 212001 100029 00 4562 $ 25,000.00 PAYMENT TOTAL $ 25,000.00 Program Area Use: tch Ronald Fiscal Agent's Approval: Fletch Herraiu DB 1"t"tally sow 1"2:42 ate:son.oa�r ta�e:ez BFA-DEP 55-263-A(Effective 10-01-2014) 1 of bC EXHIBIT D SUMMARY OF CONTRACTUAL SERVICES AGREEMENT OLO/Depaebnenf+ DEPARTMENT OF ENVIRONMENTAL PROTECTION Agency Contact: FLAIR Contract S: GC690 Telephone U: Agency Contract GC690 Contractor/Vendor/Payee: COLLIER COUNTY BOARD OF COUNTY Original Contract $0.00 Total Contract 81,344,268.41 Contract Type: Master Agreement Amount: Amount Contract Start Date: 07/01/2007 Contract End Date:06/30/2017 Contract Last Signed Date:06/26/2007 Advanced Funded:No METHOD OF PROCUREMENT: Exempt,Services or Commodities provided by Governmental Agencies Is.287.057 (3)(f)12,&s.287.057(22),FSJ AGENCY REFERENCE U: Invoice Number: '1 'Invoice Period: 4/01/17-4/30/17 Total Amount of Previous Payments: CONTRACT MANAGER CERTIFICATION: I certify,by evidence of my signature,the information on this form is true and correct;the goods and services have been satisfactorily received and payment is now due.I understand that the office of the State Financial Officer reserves the right to require additional documentation and/or to conduct periodic post-audits of any agreements. Contract Manager Name printed: Roger Ruiz Contract Manager Signature: ` Date: 5117/17 1 6 E1XFiJBZD CONTRACTUAL SERVICES INVOICE Invoice No. Contract No. Task Na. Date Period of Service 1 > 11 5/17/2017 11/1472016 to 6/30/2017 Collier County BCC Bili To: Florida Department of Environmental Protection 3339 Tamlaml Trail East,suite 302 Permitting and Compliance Assistance Program Naples,Fl 34112 2600 Blair Stone Road,M.S.4565 Tallahassee,Florida 32399-2400 fEID No.: 56-00005558 Attn.: Tanks Compliance Assistance Accounting Teeo09ne: 239-252-5081 813911[: Phil Snyderbum Contractor Use: Fixed Price: Cost Plus: N/A Contract/Task Amount $25,000.00 Contract/Task Amount Less Previously Invoiced $0.00 Less Previously Invoiced Less/Plus Retainage 0 Less/Plus Retainage Invoice Total $25,000.00 Invoice Total TOTAL AMOUNT OF INVOICE: $25,000.00 FDEP Use Only: STRS Rev.6115 WB 1 6 C Z ' EXHIBIT D I • mtS) a a csaaaa ¢ a <a <<<tI < < sI uala 4,0 N `� N N N N .N�-i uui rn 0 m ° m m I$ .•+ 0 N '',.,,. .-i In N .-+ Ffi Q u! u = LU G- c v LU to ,y < La w U cc u •c as v "' w u ►� q Z z° m 0 CS N w ce a C Q M GC C C •� C+ x r-i v < H V) O v m ,in w •-I < r- :3 F- 0 aH � � a > � cn CII co Cig rz m 0le N Na o M in 14 clah 7°1 M1 M �.► '1 r. O J Cr Z - :. ix in • N t� N ' . W t 5 _ Q n E L] — tit �c • 8 z 1 WW C=IN '� .� d iii y `+ 7 d S a. 0 • Z n 19 H N v V *-� Q ICC r. vi'43 I Q >- 2 za a H z M 1\ tJi ry 4 w L.....44( 0 0 ,.....L.R rm. CC-I] 7.1 p vi ; L.Iti 0 ISI iv _ tn le 0 N ¢ uvc r. =H Q Q Qa Jo w►-1J Vt 1bU � EXHIBIT D COLLIER COUNTY GOVERNMENT FLEET BID 12-5935 SPECIFICATIONS AND DEALER BID SHEET VEHICLE SPECIFICATION#2017-05G VEHICLE DESCRIPTION: 2017 Ford F150 Super Cab X1E/101A XL Pickup; 4WD;Factory White Exterior Paint;Med Earth Grey interior Color; Vinyl 40120/40 Beach Seat; Vinyl Floor Covering;145"W.B.; 6.5-ft.Cargo Bed with Spray-in Bed Liner,Black Platform Running Boards;Tailgate Step;3.SL V6 Flex Fuel Engine;6-Speed Automatic Transmission;Skid Plates;3.73 Electronic-Locking Axle;Air Conditioning;Trailer Towing Package with Class IV Trailer Hitch Receiver,Insert, 2 5/16 Bali,and 7-Spade Electrical Connector; Integrated Brake Controller;XL Equipment Group 101A including SYNC Communications Package;Rear View Camera;Reverse Sensing System;Fixed Rear Window;P265/70R17 BSW All Terrain Tires;Extended Range 36-Galion Fuel Tank;Black Ford Soft Folding Tonneau Cover,No Drill Computer Stand installed on front passenger-side(lotto Desk or Ram Mount preferred);750-Watt Pure Sine Wave Inverter installed near computer stand; Tinted Windows;Four Code3 LED 4-pack flush-mount amber strobes with one installed above or below each tail light and two installed on front grill connected to a Iit labeled dash switch convenient to the driver,3 Sets of Ignition Keys;AU Other Standard Equipment. NOTE: Under no circumstances will accessories be spliced into existing OEM wiring and in no case will Scotch-Lob-type wire splicers be used Accessories will be wired directly to the power distribution block,battery,or accessory switch as appropriate with separate corredbusized firse or resin breaker. Who splices will be soldered and covered with heat-shrink tubing(Heat-shrink solder connectors are not acceptable). All wires will be encased in plastic loom to prevent chaffing. BASE PRICE: ��;, ;y'g' gtf 3 41, SHIPPING COST: ;1195.00 FACTORY OPTIONS: l0l A Equipment Group 12075.00 96W Spray-1n Bed Liner ,;456.00 18B Running Boards $231.00 63T Tailgate Step S 345.00 413 Skid Plates $14&00 XL6 3.73 Electronic-Locking Axle S 525.00 53A Trailer Towing Package S 024,00 67T integrated Brake Controller S 253.00 76C Rear View Camera p 231.00 76R Reverse Sensing System S 253.00 655 36-Galion Fuel Tank S 364.00 XL Mid Discount S'$91.00: FACTORY SUBTOTAL: S.38551794. V811$2 Qtr FACTORY INCENTIVES: $6001/700 > DEALER BID DISCOUNT(2.25 V.): >73Z'/2 SUBTOTAL: S 3� 31gji SPECIAL EQUIPMENT OPTIONS(DEALER COST): Extra Key S 52.96 Computer Stand LBthtnina 1/9.5v °u 750-Watt Inverter $Lfehtains Q'ver #3520 Folding Bed Cover ;525.00 Tinted Windows S 150.00 Amber LED Strobe Lights S Llehtnina SUBTOTAL: S 2657.96 TOTAL VEHICLE COST: 5.344498:46 ? Notes: Petroleum Storage Tanks(173439)Replaces CC2-038 i g7` "— MM 2/21 0 ` And One Growth Unit TAMIAMI $RD,I A / Date: � //ZQ/� Authorized '.;nature 1 6EXHIBI g DEALER 249 428 VIN 3.TT 2*$21Dm47870 !1511 414 imams - 145 °upD"`d` ! 00 irM10 SPRCU*L MIT ACCOUNT CUDIT 1067 00- r 20171010-ZYODtL6/ /16PL. 6000'00- D , 1 _SZ4-/ ' AG 1RDI13e5 OR*T VINYL 40/20/40 INCLUDED ON 7110 vslaclZ I Avo//"! LJ DGOiPfmlr GROUP 103* 9255 00 2075100 _)6V . MINS MOM sgtrssnrl1T GROW i,,,�a 77,4 j/•�/•- CRUIBR CONTROL i gi, OPTIONAL SQUIPimilT/OT�1 1�e6 L 0 — .17• SIWRA MUM USERLS 996 3.3L V6 MCI PTv INDIUM 1 446 MAC f-6PIRD AUTO NITON NOUS I .265/701 17 OIOI. (*/S Al?) ! a/ 32/3 /3- n.6 3.73 >1LaCToowxC LOCA RR ARIAS 5701it 00 525100 63006 OWE PACIAOS 169 SLICK FLATPOM N adi!. 90ARD5 250 00 221100 413 SKID PLAT= 160100 142,00 PRO MAXIM SAMMY ABOUT STMC 53* TRAM TOW P*CK*NS695100 624;00 AN/PN =NOMCD I f3T 'PATLO*T1 ATM 375100 345'00 655 36OSL RST# IANOS FOAL TASK 3951 00 364 00 67T INTRORAasD 7108 MAN= CON? 575 00 252 00 76C WI WNW Canna 290 00 231.00 761 ROVER= 100.1R0 ITT 275 00 252 00 * VINTI. 40/20/40 PROIrT saw !NC 11C 961 SPRAT-371 IMELI16RR *ACCT 495'00 456 00 TI P17iL YIMICZE TOTAL OPTIONS/OT.O R 6195 00 5705 00 TOTAL VRaICLR A•OPTION0/011113 . 40220 00 30942 00 A DILIVIOT 1195 00 1195 00 TOTAL SWORE DISCOUNTS 41415 00 32137 00 •f0Psci*L ADDED DISCOUNTS/ XL TOTAALL REVIEW MWIT 750100-- 691100- TOTAL FOR VRSICLR 40615100 i Pala. CRINGE 1 6 154 TIm P.O. It LA 4506176103 SKIPPING WEIGHT 4441 LAS. 1 TOTAL 40665100 31454156 • 1 j . i is Mk kwoloe ft,not reflect Ins Mel cost or 0r vMide to New of the pontbany of here resale..sawrnces,discounts and tnowalve award-from Ford Uo orompany to the asses. Said to t- Tamiaai Ford Inc 2431428 1471 Airport Pulling Rd. North _ Naples FL 34104 Order Type RanlpCode Batch ID Price Level 5$ CA21 8C302 725 1 Ship to(If other than above) Dille kw.Papered Item Number Transit Days Twitted Ford, Inc. 24428 03 30 17 24=9478 20 4227 Domestic Ave. Ship Through Naples FL • Invoice&Unit Identification NO. final Assembly Point rance Company and/or Bank 1FTEZ1E828RD47870 KANSAS CITY Ford motor Credit 000001 HB Invoice Total A&1 Plan D Plan X Plan FPA M 1185 31454.56 397.00 This Mtvolce to be used for the billing of vehicles only Dealer's copy 16C2 , EXHIBIT D TAMIAMIZol FORD FO1P539537 , w-, - •, 1471 Airport-Puffing Road North -,.,,,� 1 NAPLES, FLORIDA 34104 i Telephone: (239) 643-3673 STATE OF FLORIDA i Fax: (239) 643-3799 REGISTRATION:MV-02749 WWW.TAMIAMIFORD.COM CUB•DAR R NM 'ADVISOR 1,4NO. ONDICE DMT INVoioE Na. 10 - L- HF , c 76 7870 4/2C/17frair1539537 TAMIAMI FORD INC „E,,,,,,,N,EMODEL. - 7 7 aram vim" U 1471 AIRPORT PULLING RD N 1TT cr/F-15f1 sEJITFc/ JP q NAPLES, FL 34104-3317 + 9BAMR#DEAlERNO PIOoucrroHavE 1 ETF X 1 F R 2 > .r 4 / R 7 0 F.T.E. R.0.DATE RESIDENCE PHONE -e_Ee_s PHONE21$0113F�3U90 5. 7 70454 04/21/17 239-643-3673 239-543-3673 ,n• 1 JOBi 1 CHARGES ALL PARTS ARE NEW OR 116 REMANUFACTURED UNLESS OTHERWISE INDICATED.SPECIAL 710# DATE START FINISH ACT TINE DESCRIPTION ORDER PARTS SUBJECT TO 20% 689 04/25/17 0.00 0.00 0.00 0.00 ENTERED IN INVOICING RESTOCKING FEE. 689 04/25/17 8.00 8.00 0.00 0.00 FINISHED TOTAL TECH TIME 0.00 0.00 COMPREHENSIVE WARRANTY INSTALL TONEAU COVER IF THE REPAIRED ITEM FAILS WITHIN COMPLETED 3 MONTHS OR 4,000 MILES (WHICH- PARTS QTY.--FP-NUIBER DESCRIPTION UNIT PRICE- EVER OCCURS FIRST)DURING NOR- 1 VGL3Z-99501A42-BA COVER ••TONHEA 525.00 ,525.00 MAL USE,TAMIAMI FORD WILL REPAIR TOTAL - PARTS 525.00 IT FREE OF CHARGE IN OUR SHOP GENUINE FORD PARTS CARRY A 24 J08sIE 1 TOTALS MONTH UNLIMITED MILES WARRANTY. PARTS 525.00 *SEE DEALER FOR DETAILS. JOB# 1 JOURNAL PREFIX FOIP JOB$ 1 TOTAL 525.00 'ENVIRONMENTAL COMPUMCE CHARGE TOTALS VEHICLE SERVICING ROUTINELY INVOLVES THE USE OF CHEMICALS AND CAN LEADTO GENERATION OF CONTROL. ACCOUNT NUMBER AMOUNT.. WASTES (OILS, SOLVENTS, SPENT FILTERS & H(D47870 TOTAL LABOR.... 0.00 METALS,ABSORBANTS,AND MORE).MANY OF THESE TOTAL PARTS..., 525.00 wasTEs MUST BE MANAGED AND DISPOSED OF TOTAL SUBLET... 0.00 PROPERLY TO COMPLY WITH LOCAL.STATE.&FED- TOTAL 6.0.6.... 0.00 ETA GUIDELINES.A FEE IS ASSESSED IN THE TOTAL MISC.CHS. 0.00 AMOUNT OF 12%OF PARTS AND LABOR,MINIMUM TOTAL TAX DISC 0.00 OF 54.00 UP TO$40.00 MAXIMUM,REPRESENTING RECOVERY OF EXPENSE AND PROFIT ASSOCIATED TOTAL INVOICE$ 525.00 WITH MANAGEMENT AND DISPOSAL OF THESE WASTES.(S.559.90414)1 APPROVED BY SIGNATURE TIREIBATTERY STATE FEE THE STATE OF FLORIDA REQI1RESA$1.00 FEE FOR -- MOH TIRE SOLD IN THE STATE[S.403.7181 AND A $1.50 FEE FOR EACH NEW OR REMANUFACTURED i BATTERY SOLD IN THE STATE(5.403.7185) N STOWAGE A STORAGE FEE OF 525.00 PER DAY MAY BE APPLIED TO VEHICLES WHICH ARE NOT CLAIMED WITHIN 3 WORKING DAYS OF NOTIFICATION OF COMPLETION. 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' . . . . •. :.. 16C EXHIBIT D Naples Auto Truck Van, LLC Invoice 3384 Mercantile Ave,Unit J&K Date Invoice# Naples, FL 34104 4/27/2017 1960 Bill To Ship To Tamiami Ford 1471 Airport-Pulling Rd.North Naples,FL 34104 111.111 P.O.Number Terms Rep Ship Via F.O.B. Project 220457 4/27/2017 Quantity Item Code Description Price Each Amount 1 BALL MOUNT HD BALL MOUNT/BALUPtN 59.00 59.00 F150 HKD47870 Sales Tax-Florida-Collier County 6.00% 0.00 Tota I $59.00 1 6 C 2 EXHIBIT D (t I )) Invoice [1 !!!!!�+�! !,!! }1 DATE INVOICE# f.', u`r,[JrU'. -. Lightning Wireless Solutions,Inc. 5/12/2017 67042 2100 Electronics Lane,Fort Myers,FL 33912 - Office: (239)481-8700 Fax: (239)694-3048 BILL TO SHIP TO Tamiami Ford P.O.NUMBER TERMS REP SHIP VIA SALES/SERV# SHIP TO Net 15 Mike 5/11/2017 2100 Fleet Doug Holland QUANTITY DESCRIPTION PRICE EACH AMOUNT 2 Code 3 HB4PAK-AA Amber 4 LED Head With Grommet(Pair),Front Corner Body LED's 120.00 240.00 I Jotto 425-5632/4143 Laptop Mount Ford F156(2015+)A Mod Tray 445.00 445.00 I Samlex SSW-1000-12A Pure Sine Wave Power Inverter 1000 watts Includes Remote 435.00 435.00 Switch 1 Labor-Vehicle Lighting Equipment Installation 750.00 750.00 I T000 Miscellaneous Installation Hardware(including wire,connectors,wire ties,tape,etc.) 60.00 60.00 Spec#2017-05G • 0/19478 Vin:I FTEX I E82HKD47870 F-150 Sales Tax Exempt 0.00% 0.00 Invoice Total $1,930.00 A late fee of 1.5%per month or 18%APR will be added to all accounts overdue.Also,liable for reasonable collections and legal fees.Refer to www.LWSinc.net for complete tents. We accept VISA Payments/Credits $0.00 and Mastercard;however,due to the Merchant Fees associated with a credit card,we reserve the right to charge a surcharge of 3.5%for all credit card payments. Invoice Balance Due $1,930.00 Celebrating over 50 Years-Since 1959 16C2 ' EXHIBIT 0 i Attachment B Florida Department of Environmental Protection Task Assignment Notification Form for COLLIER COUNTY Contract No.GC 690 Task No. I I Amendment No._ Date November 14.2016 Performance Period: Effective the date of execution of this Task Assignment and shall remain in effect until June 30,7017. Description: This i'ask assignment provides funding to offset the acquisition of vehicle ler expansion of oomplianc cerifrc:ation activities under this Contract and an) subsequent renewal contract. The Contractor is solely responsible for the maintenance.operation and ownership of the vehicle. Invoice with Purchase Order must be submitted by May 31,2017. Task Managers: DEP Task Manager: Ryan Snyder Phone: 239-344-5695 Contractor Task Manager: Phil Snyderburn Phone: 239-994-4535 Authorization 1:141/14/A9/6 Manager rr.. r ale VI Or; -AO/ ' G ont , , 's Contract Mtaager s -9,Al. / / //1// DEP Budget Representative Date Funding ORUANII.AftON C'(1Dti tO OHJECt COOL MODULE SPECIAL A ATIi6ORY YR AMOUNt 37450305000 JD 132500 4562 IPTF 100029 16 X25,000.00 17 Notes: CC: DEP Contracts(MS 931 Finance 8 Accounting.Contracts Disbursement Section(MS 7R) I copy I)EP Truk Manager 1. DEP Contract No.CC679,Attachment 13,Page I of 1 6H1FZp Solid&Hazardous Waste Co'LI'l6T 14 fltY Management Division Invoke no 63406 3339 Tamiami Trak East, State 302 Naples, P1.34112 ...: 239-252-2508 Invoice Customer Misc Name FDEP "�. Date 511712( Address 2600 Blair Stone Road _ Department Pub1c Utilities City Tallahassee State FL ZIP 82399 Phone 252-5081 Phone Roger Ruiz 850-245-8854 Contact Phil Snyderbum Description TOTAL • Contract GC-690:Storage Tank Compliance Verification Local Program Invoice#: $ 25,000.00 Task Assignment: 11 ' 4 ;Revenue Account 470-173439-334398 SubTotal $ 25,000.00 Remit To: Atn:Finance Department Collier County Courthouse Complex TOTAL $ 25,000.00 PO Box 413016 Naples,Fl. 34112 ( iOffice Use Only