Backup Documents 11/13/2012 Item #16C 3ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLI
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines #I through #4 as appropriate for additional signatures, dates, and /or information needed. If the document is already complete with the
exception of the Chairman's signature, draw a line through routing lines #1 through #4, complete the checklist, and forward to Ian Mitchell (line #6).
Route to Addressee(s)
(List in routing order)
Office
Initials
Date
1.
appropriate.
(Initial)
Applicable)
2.
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Agenda Item Number
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3.
/� y� a 1
40 6
Number of Original
4.
Documents Attached
5. Ian Mitchell, Executive Manager
to the BCC
Board of Count Commissioners
Y�
6. Minutes and Records
Clerk of Court's Office
PRIMARY ACT FO MATION
(The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created /prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.)
Name of Primary Staff
j%hda- /
Phone Number
�.
�� -JZJ7
Contact
appropriate.
(Initial)
Applicable)
Agenda Date Item was
Approved by the BCC
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Agenda Item Number
r�
!
Type of Document
/� y� a 1
40 6
Number of Original
Attached
Documents Attached
INSTRUCTIONS & CHECKLIST
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip, Revised 6 -15 -2011
Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is
Yes
N/A (Not
appropriate.
(Initial)
Applicable)
1.
Original document has been signed /initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
`
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and possibly State Officials.)
2.
Is the Chairman's original signature required?
3.
All handwritten strike- throughs and revisions have been initialed by the County Attorney's
Office and all other parties except the BCC Chairman and the Clerk to the Board.
4.
The Chairman's signature line date has been entered as the date of BCC approval of the
document or the final negotiated contract date, whichever is applicable.
5.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are required.
6.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Ian Mithchell in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
7.
The document was approved by the BCC on "! Loi L- (enter date) and all changes
/A is not
made during the meeting have been incorporated in the attached document. The
an option
County Attorney's Office has reviewed the changes, if applicable.
46r line 6.
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip, Revised 6 -15 -2011
16C 3 �
MEMORANDUM
Date: November 13, 2011
To: Linda Best,
Solid Waste Department
From: Martha Vergara, Deputy Clerk
Minutes & Records Department
Re: DEP Contract
Enclosed please find two (2) originals, as referenced above, (Agenda Item
#16C3) approved by the Board of County Commissioners on Tuesday,
November 13, 2012.
The Minutes & Records Department has retained an original agreement for
the Boards Records.
If you should have any questions, please contact me at 252 -7240.
Thank you.
Enclosures
16C 3
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 TH. 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
balance as instructed by the Department. If a positive fund balance is reported, the Department shall
DEP Contract No. GC690, Amendment No. 2, Page 1 of 4
16C 3
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.
DEP Contract No. GC690, Amendment No. 2, Page 2 of 4
16C 3
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.
DEP Contract No. GC690, Amendment No. 2, Page 3 of 4
16C 3
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
COUNTY COMMISSIONERS
By: Co'
*Title: Fred W. Coyle, Cp firma
Date: 31 L
ATTEST
DMGHT,]E. 8
0,
Aftesi
,s
DCKj CLERK
n .n .
FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
Chief, Bureau of Petroleum Storage
Systems or designee
Date:
William E. Burns Jr., Contract Manager
DEP Contracts Ad i istrator
APPROVED as to form and legality:
NAl:%N I— �
DEP 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.
sr to for■ t k d aAkkmey
P)..— L
Depnty County Attorney
DEP Contract No. GC690, Amendment No. 2, Page 4 of 4