Agenda 04/23/2019 Item #16C5 (Contract #GC919 Amendment)04/23/2019
EXECUTIVE SUMMARY
Recommendation to approve Amendment No. 2 to the Florida Department of Environmental
Protection (FDEP) Contract No. GC919, to authorize FDEP to reimburse the County for
expenditures related to required training to appropriately administer the inspection and
compliance of the Contract.
_____________________________________________________________________________________
OBJECTIVE: To receive reimbursement from FDEP, not to exceed $12,000, for training required to
legally govern the inspection and compliance of storage tanks registered with FDEP, in accordance with
Contract No. GC919.
CONSIDERATION: Contract No. GC919 is a 10-year contract between the FDEP and the Board of
County Commissioners (Board) that began July 1, 2017. The contract authorizes Collier County to
regulate hazardous material storage tank facilities within the County governed by Rules 62 -761/762,
Florida Administrative Code, and Chapter 376, Florida Statutes. The contract designates Collier County
as a local program in accordance with the FDEP’s storage tank system compliance verification program.
The intent of the FDEP was to pay for travel events it sponsors for staff working under the contract.
However, the wording of the current version of the contract, the Amended and Restated Contract (ARC)
drafted by the State, did not expressly allow for such reimbursement to the County according to FDEP’s
legal counsel and contract management sections. The purpose of the attached amendment is to clarify
language to compensate the County for travel events sponsored by the FDEP.
FISCAL IMPACT: Compensation received from FDEP for contract execution is dependent upon
annual task assignments, but is not to exceed $1,066,261 over 10 years, inclusive of this Amendment.
Any funding received will be deposited in the Solid and Hazardous Waste Fund (470).
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote
for Board approval. -SRT
GROWTH MANAGEMENT IMPACT: This program complies with Sections 54-58 of the Codes and
Ordinances of Collier County for the purposes of protecting the groundwater, freshwater, surface waters
and other non-tidal water resources from all sources of pollution in the county.
RECOMMENDATION: To approve and authorize the Chairman to sign the attached Contract No.
GC919 Amendment No. 2, which allows the County to receive reimbursement for the training
requirements to implement the FDEP recognized local program.
Prepared by: Philip Snyderburn, Principal Environmental Specialist
Solid and Hazardous Waste Management Division
ATTACHMENT(S)
1. FDEP Contract GC919 Amendment 2 (PDF)
2. Contract No. GC919, ARC No. 1 - Executed ARC (PDF)
3. [Linked] Orginal Executed Contract GC919 (PDF)
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04/23/2019
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.C.5
Doc ID: 8447
Item Summary: Recommendation to approve Amendment No. 2 to the Florida Department of
Environmental Protection (FDEP) Contract No. GC919, to authorize FDEP to reimburse the County for
expenditures related to required training to appropriately administer the inspection and compliance of the
Contract.
Meeting Date: 04/23/2019
Prepared by:
Title: Environmental Specialist, Principal – Solid and Hazardous Waste
Name: Phil Snyderburn
03/26/2019 5:05 PM
Submitted by:
Title: – Solid and Hazardous Waste
Name: Kari Hodgson
03/26/2019 5:05 PM
Approved By:
Review:
Solid and Hazardous Waste Kari Hodgson Additional Reviewer Completed 04/01/2019 7:45 PM
Public Utilities Operations Support Joseph Bellone Additional Reviewer Completed 04/02/2019 7:39 AM
Public Utilities Department Dan Rodriguez Additional Reviewer Completed 04/02/2019 8:55 AM
Solid and Hazardous Waste Alister Burnett Additional Reviewer Completed 04/02/2019 10:46 AM
Public Utilities Department Sarah Hamilton Level 1 Division Reviewer Completed 04/02/2019 1:06 PM
County Attorney's Office Scott Teach Level 2 Attorney Review Completed 04/05/2019 4:23 PM
Public Utilities Department George Yilmaz Level 2 Division Administrator Review Completed 04/02/2019 4:44 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 04/08/2019 8:16 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 04/12/2019 8:03 AM
Budget and Management Office Ed Finn Additional Reviewer Completed 04/12/2019 11:12 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 04/15/2019 9:20 AM
Board of County Commissioners MaryJo Brock Meeting Pending 04/23/2019 9:00 AM
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DEP Contract No. GC919
AMENDED AND RESTATED CONTRACT
This Amended and Restated Contract No. GC919 (Contract) is made by and between the Department of
Environmental Protection (Department), an agency of the State of Florida, and Collier County Board of County
Commissioners (Contractor), on the date last signed below.
WHEREAS, the Department entered into the Contract with the Contractor to perform compliance inspections
within the jurisdictional (geographical) boundaries of the specified counties, effective June 26, 2017; and
WHEREAS, the parties wish to amend and restate the Contract as set forth herein.
NOW, THEREFORE, the parties agree as follows:
SERVICES AND PERFORMANCE
1. SERVICES. Department does hereby retain, and Contractor agrees to 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) and Contractor's response thereto, incorporated herein by reference, and
in accordance with Attachment A, Scope of Work- Level 1 and if applicable Attachment B, Scope of Work—Level 2
Scope) and all exhibits and Attachments named and incorporated herein by reference. Contractor has been
determined to be a vendor to the Department under this Contract.
2. WORK.
A. Contractor shall provide the services specified in the Scope (Work). Department shall authorize all work
assignments by Task Assignment Notification Form (TA) or Task Assignment Change Order Form (TACO). Contractor
shall perform the services required under this Contract in accordance with the guidance documents attached to each
executed TA or TACO and in accordance with the provisions of this Contract. The Department reserves the right to
update or amend the guidance documents as needed.
B. Contractor shall not commence Work until either 1) a TA/TACO has been fully executed, by both
Department and Contractor, or 2)a PO or PO Change Order(CO) has been issued.
C. In the event services are required that are within the general description of services, but are not specifically
set out in the Scope, Department and Contractor reserve the right to negotiate the Task Assignments covering
performance of those required services.
D. There is no minimum amount of Work guaranteed as a result of this Contract.Any and all Work assigned will
be at the sole discretion of the Department.
E. Department reserves the right to not authorize any Work, and may suspend or terminate for cause any
Work assigned to Contractor under this or any other contract, if and in the event that the Department and
Contractor(or any of its affiliates or authorized subcontractors)are adverse in any litigation, administrative
proceeding or alternative dispute resolution, until such adverse relationship is resolved either by agreement or by
final non-appealable order of a court.
3. STANDARD OF CARE FOR PERFORMANCE.
A. Contractor shall perform as an independent contractor and not as an agent, representative,or employee of
the Department.
B. Contractor shall perform the services in a proper and satisfactory manner as determined by the Department.
Any and all such equipment, products or materials necessary to perform these services, or requirements as further
stated herein, shall be supplied by the Contractor.
C. Contractor shall provide competent, suitably qualified personnel. Contractor must notify the Department's
Contract Manager of any changes in the personnel identified in this Contract. Notification shall include a detailed
explanation of the need to change personnel and the Contractor's documentation that proposed replacement
personnel have equal or greater qualifications and experience.
D. Contractor shall perform the services in a manner consistent with that level of care and skill ordinarily
Approved Template 02/02/2017)
DEP Restated Contract No. GC919, Page 1 of 14
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exercised by other contractors performing the same or similar services under similar circumstances at the time
performed.
4. TERM OF CONTRACT.
A. Initial Term. This Contract shall begin July 1, 2017, and shall remain in effect for a period of ten
10) years, inclusive.
B. Renewal Term. An "X" beside the correct provision in this section signifies that the provision is applicable to
the Contract.
x This Contract may be renewed, in writing, on the same terms and conditions as the original Contract and
any amendments thereto, for a period no greater than the term above, or three (3) years, whichever is
longer. All renewals are contingent upon satisfactory performance by Contractor. Renewals may be for
the entire period or in increments.
This Contract may not be renewed.
COMPENSATION
5. COMPENSATION.
A. As consideration for the services rendered by Contractor under the terms of this Contract, the Department
shall pay the Contractor on a combination fee-schedule/cost-reimbursement basis not to exceed $1,066,261.00. For
the monthly operation and maintenance services as well as repair and emergency service calls, the Contractor shall
be compensated on a fee-schedule basis at the rates specified in the executed task assignment. It is understood that
fee schedule amounts include all costs necessary to perform the work outlined herein including, but not limited to,
labor, fringe benefits, overhead, supplies, and travel, but do not include reimbursement for equipment purchases.
Equipment purchases costing $1,000.00 or more shall be reimbursed on a cost-reimbursement basis and must be pre-
approved by the Department.
B. CONTRACTOR SHALL NOT COMMENCE WORK ON ANY SERVICES THAT WILL EXCEED THE
COMPENSATION AMOUNT OF THE CONTRACT UNLESS AND UNTIL THE CONTRACT IS AMENDED. It is the
Contractor's responsibility to know when the authorized compensation amount of the Contract will be reached.
6. ANNUAL APPROPRIATION. Department's performance and obligation to pay under this Contract is contingent
upon an annual appropriation by the Florida Legislature.Authorization for continuation and completion of Work and
payment associated therewith may be rescinded with proper notice at the discretion of the Department if state or
federal appropriations are reduced or eliminated.
7. PAYMENT METHOD.
A. Contractor shall submit invoices as specified in Attachment A and B, under Payments section.
B. All invoices submitted must have sufficient detail for a proper pre-audit and post-audit review.
C. Department must approve the final deliverable(s) before the Contractor may submit a final invoice and
any forms.
D. Each invoice, including appropriate supporting documentation as required herein, shall be submitted via
email to the following:
Approved Template 02/02/2017)
DEP Restated Contract No. GC919, Page 2 of 14
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Florida Department of Environmental Protection
PCAP Program
Attn: Department Contract Manager
Email address: STR Invoices(&?dep.state.fl.us
Copy: Department District Task Manager and DEP Contract Manager
8. TRAVEL. An"X" beside the correct provision in this section signifies that the provision is applicable
to the Contract.
Travel is not authorized under this Contract.
Travel costs are included in the fee schedule amounts of this Contract.
Travel costs shall be paid on a cost-reimbursement basis in accordance with the paragraph
contained herein of this Contract.
9. EQUIPM ENT. 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 an Amendment of said Contract. 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 Department.
B. In the event that the Department determines a need to loan equipment needed for the
completion of services under this Contract to the Contractor, a Department 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 a former
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 Department.
D. The Contractor is responsible for the implementation of adequate maintenance procedures to
keep the non-expendable personal property or equipment in good operating condition.
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.
10. PROM PT PAYMENT.
A. Department's Contract Manager shall have five (5) business days, unless a greater period is
specified herein, to inspect and approve an invoice. Department shall submit a request for payment to
DFS within twenty (20) business days; and DFS shall issue a warrant within ten (10) business days
thereafter. Days are calculated from the latter of the 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 the Contractor for correction(s)will result in an
uncompensated delay in payment. A Vendor Ombudsman has been established within DFS who may be
contacted if a Contractor is experiencing problems in obtaining timely payment(s)from a State agency.
The Vendor Ombudsman may be contacted at(850) 413-5516, per Section 215.422,F.S.
B. If a warrant in payment of an invoice is not issued within forty (40) business days after receipt of
a correct invoice and receipt, inspection, and approval of the goods and services, the Department shall
pay the Contractor interest at a rate as established by Section 55.03(1), F.S., on the unpaid balance of
the invoice. Interest payments of less than $1 will not be issued unless Contractor requests such
payment. The interest rate for each calendar year for which the term of this Contract is in effect can be
Approved Template 02/02/2017)
DEP Restated Contract No. GC919, Page 3 of 14
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obtained from DFS'Vendor Ombudsman at the telephone numbers provided above, or the Department's
Procurements Section at(850) 245-2361, per Section 215.422, F.S.
11. RELEASE OF CLAIMS. Upon payment for satisfactory completion of any portion of the Work,the
Contractor shall execute and deliver to the Department a release of all claims against the Department
arising under, or by virtue of, the Work, except claims which are specifically exempted by the Contractor
to be set forth therein (Contractor Release, using Attachment E, Contractor Affidavit/Release of Claims).
Receipt by the Department of the Contractor's Release is a condition of final payment under this
Contract. Unless otherwise provided in this Contract, by State law or otherwise expressly agreed to by
the parties to this Contract, final payment or settlement upon termination of this Contract shall not
constitute a release or waiver of the Department's claims against the Contractor, or the Contractor's
sureties, subcontractors, successors or assigns under this Contract or as against applicable performance
and payment bonds.
12. PHYSICAL ACCESS AND INSPECTION. As applicable, the Department personnel shall be given
access to and may observe and inspect Work being performed under this Contract, including by any of
the following methods:
A. Contractor shall provide access to any location or facility on which the Contractor is performing
Work, or storing or staging equipment, materials or documents;
B. Contractor shall permit inspection of any facility, equipment, practices, or operations required in
performance of any Work;and,
C. Contractor shall allow and facilitate sampling and monitoring of any substances, soils,materials
or parameters at any location reasonable or necessary to assure compliance with any Work or legal
requirements.
PARTY REPRESENTATIVES
13. NOTICE.All notices and written communication between the parties shall be sent by electronic
mail, U.S. Mail, a courier delivery service, or delivered in person. Notices shall be considered delivered
when reflected by an electronic mail read receipt, a courier service delivery receipt, other mail service
delivery receipt, or when receipt is acknowledged by recipient.
14. IDENTIFICATION OF CONTRACT MANAGERS. All matters shall be directed to the Contract
Managers for appropriate action or disposition. Any changes to the Contract Manager information
identified below must be noticed, in writing, to the other party within ten (10) calendar days of the change.
Either party may provide notice to the other party by email identifying a change of a designated Contract
Manager and providing the new contact information for the newly designated Contract Manager. Such
notice is sufficient to effectuate this change without requiring a written amendment to the Contract.
Department and the Contractor Contract Managers and contact information are provided below:
Contractor Department
Collier County Board of County Department of Environmental Protection
Commissioners Collier County Division of Waste Management
3339 Tamiami Trail East, Suite 302 2600 Blair Stone Road, MS 4500
Naples, Florida, 34112 Tallahassee, Florida 32399-2400
Attn: Phil Snyderburn Attn: Roger Ruiz
Phone Number: (239) 207-0920 Phone Number: (850)245-8854
Email:philsnyderburn aC colliergov.net Email: roger.ruizCa)dep.state.fl.us
15. CHANGE ORDERS AND AMENDMENTS. Department may at any time, by written order designated
to be a Change Order, make any change in the Work within the general scope of this Contract(e.g.,
specifications,method or manner of performance,requirements,etc.). All Change Orders are subject to the
mutual agreement of both parties as evidenced in writing. Any change which causes an increase or
decrease in Contractor's cost or time shall require an appropriate adjustment and modification by Task
Approved Template 02/02/2017)
DEP Restated Contract No. GC919, Page 4 of 14
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Assignment Change Order. Following execution of this Contract, any future Amendments or Change
Orders may be executed by the Department representative with appropriate delegated authority.
CONSEQUENCES FOR FAILURE TO PERFORM
16. DISPUTE RESOLUTION. Any dispute concerning performance of the Contract shall be decided as
follows:
A. All claims or disputes (Claims) must be presented to the Department in writing within thirty(30)
days of the date such Claim arises (Notice of Dispute). The Notice of Dispute shall set out in detail all
aspects of the disputed matters to be resolved, including the specific relief sought by the Contractor.
Claims not presented by Notice of Dispute to Contract Manager shall be deemed waived by the
Contractor.
B. The parties shall make a good faith attempt to resolve Claims which may arise from time to time
by informal conference within ten (10) days of the Notice of Dispute.
C. Within ten (10) days of the informal conference, the Department shall provide Contractor a
detailed written response to the Claim.A formal conference of the parties shall be convened no later than
thirty (30) days following the Department's response to the Notice of Dispute, unless the parties mutually
agree in writing to a longer period of time within which to schedule a formal conference.
1) All persons necessary to resolution of the claim or disputed matter shall attend the formal
conference.
2) Minutes of the formal conference shall be taken, recorded, transcribed, and signed by the
Department and the Contractor. Any terms of settlement and/or resolution reached shall be
signed by all persons authorized to resolve the Claim.
D. Either party may request mediation of unresolved Claims,with the party seeking mediation to
bear the expense of mediation.
E. Any Claim not resolved at formal conference or mediation, may be the subject of a complaint
filed in a court of competent jurisdiction in Leon County, Florida.
17. FINANCIAL CONSEQUENCES FOR UNSATISFACTORY PERFORMANCE.
A. No payment will be made for deliverables deemed unsatisfactory by the Department. In the
event that a deliverable is deemed unsatisfactory by the Department, the Contractor shall re-perform the
services needed for submittal of a satisfactory deliverable, at no additional cost to Department, within
thirty (30) days of being notified of the unsatisfactory deliverable.
B. If a satisfactory deliverable is not submitted within the specified time frame, the Department
may, in its sole discretion: 1) assess liquidated damages if specified in the Contract or its attachments;2)
request from the Contractor agreement to a reduction in the amount payable; 3) suspend all Work until
satisfactory performance is achieved, or 4)terminate the Contract for failure to perform.
18. CORRECTIVE ACTION PLAN. In the event that deliverables are unsatisfactory or are not
submitted within the specified timeframe, the Department Contract Manager may, by letter specifying the
failure of performance under the Contract, request that a proposed Corrective Action Plan (CAP) be
submitted by the Contractor to the Department. All CAPs must be able to be implemented and performed
in no more than sixty (60)days.
A. A CAP shall be submitted within ten (10) calendar days of the date of the letter request from the
Department. The CAP shall be sent to the Department Contract Manager for review and approval.
Within ten (10) calendar days of receipt of a CAP, the Department shall notify the Contractor in writing
whether the CAP proposed has been accepted. If the CAP is not accepted, the Contractor shall have ten
10) calendar days from receipt of the Department letter rejecting the proposal to submit a revised
Approved Template 02/02/2017)
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proposed CAP. Failure to obtain the Department approval of a CAP as specified above shall result in the
Department's termination of the Contract for cause as authorized in the Contract.
B. Upon the Department's notice of acceptance of a proposed CAP, the Contractor shall have ten
10) calendar days, or longer if specified in the approved CAP, to commence implementation of the
accepted plan. Acceptance of the proposed CAP by the Department does not relieve the Contractor of
any of its obligations under the Contract. In the event the CAP fails to correct or eliminate performance
deficiencies by the Contractor, the Department shall retain the right to require additional or further
remedial steps, or to terminate the Contract for failure to perform. No actions approved by the
Department or steps taken by the Contractor shall stop the Department from subsequently asserting any
deficiencies in performance. Contractor shall continue to implement the CAP until all deficiencies are
corrected. Reports on the progress of the CAP will be made to the Department as requested by the
Department Contract Manager.
C. Failure to respond to a Department request for a CAP shall result in suspension or termination
of the Contract.
19. PAYMENT AND PERFORMANCE BONDS. An "X" beside the correct provision in this section
signifies that the provision is applicable to the Contract.
Z No Payment or Performance bonds are required.
Contractor shall provide executed Payment and Performance Bonds naming the Department as
obligee, issued by a surety acceptable to the Department, in the amount(s)of$
Contractor may be required to provide executed Payment and/or Performance Bonds naming
the Department as obligee, issued by a surety acceptable to the Department, in an amount of
up to one hundred and twenty percent(120%) of the total anticipated cost of any Work.
20. LIQUIDATED DAMAGES.An "X" beside the correct provision in this section signifies that the
provision is applicable to the Contract.
No liquidated damages will be assessed.
In addition to other remedies elsewhere in this Contract, and as provided by law,unless otherwise
stipulated in the Scope, the Contractor hereby covenants and agrees to pay liquidated damages
to the Department as follows:
A. Contractor acknowledges that time is of the essence for all services provided under this
Contract,and whereas the actual damages to be suffered by late performance are incapable
of accurate calculation,the parties agree to the following as a reasonable estimation thereof
as liquidated damages. In addition to any other provisions of this Contract, in the event that
the deliverable identified in the Scope, is not completed and submitted by the close of
business on the date the deliverable is due,the compensation amount stated for that portion
of the Work may be reduced by five percent(5%) per week for each week the deliverable is
late,with the total amount of the liquidated damages not to exceed the total compensation
amount of the Scope deliverable.
B. The date of submission shall be the date of receipt by the Department.
C. If no Department receipt date appears or the date is illegible, the date of submission shall
be deemed to be five (5) days prior to receipt by the Contract Manager.
D. If completion is or will be justifiably delayed due to reasons as set out in paragraph contained
herein,the Department may grant an extension of time as evidenced by a properly executed
Amendment.
E. If the deliverable(s)fail to comply with the requirements of this Contract, or if questions
arise from review and the Contractor is so notified and requested to respond, the
Contractor shall furnish the required additions, deletions, or revisions in accordance with
the Scope at no additional cost to the Department.
Approved Template 02/022017)
DEP Restated Contract No. GC919, Page 6 of 14
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F. If the additions, deletions, and revisions are not submitted to the Department's Contract
Manager in accordance with the Scope, the compensation stated for that portion of the
Work may be reduced by five percent(5%)for each week that the requested deliverable is
late, as specified. The total reduction shall not exceed the total amount of the Work.
G. Contractor's failure to respond to a request to correct the deliverables will result in
termination of the Work and forfeiture of any unpaid balance for such deliverables.
Additionally, the Department, at its discretion, may re-assign future Work.
21. RETAINAGE
A. Department reserves the right to establish the amount and application of retainage on the
Compliance Routine Inspection (CRI)Work to a maximum of ten percent(10%). Any retainage to be
applied shall be specified in the Task Assignment. Retainage shall be withheld from each payment to the
Contractor pending satisfactory completion of CRI performance criteria listed in Task Assignment and
approval of all deliverables.
B. Department reserves the right to withhold payment of retainage for the Contractor's failure to
meet performance criteria listed in the Task Assignment. Department shall provide written notification to
the Contractor of the Department's intent to withhold retainage on the Routine Compliance Inspection
Work in the Task Assignment. Contractor's failure to rectify the identified deficiency within the timeframe
stated in the Department's notice will result in forfeiture of retainage by the Contractor.
C. If the Contractor fails to perform the requested Scope, or fails to perform the Compliance
Routine Inspection Work in a satisfactory manner, Contractor shall forfeit its right to payment for the
Compliance Routine Inspection Work and the retainage called for under the Task Assignment. Failure to
perform includes, but is not limited to, failure to submit the required deliverables or failure to provide
adequate documentation that the work was actually performed.
D. No retainage shall be released or paid for uncompleted Compliance Routine Inspection Work
while a Contract is suspended.
E. Except as otherwise provided above, the Contractor shall be paid the retainage associated with
the Work, provided the Contractor has completed the work and submits an invoice for retainage held in
accordance with paragraph contained herein above.
LIABILITY
22. INSURANCE. To the extent required by law, the Contractor will be self-insured against, or will
secure and maintain during the life of this Contract and any renewals, Workers' Compensation Insurance
for all of its employees connected with the work of this project. The Contractor shall require any and all
subcontractors, if authorized under this Contract,to provide Workers' Compensation Insurance for all
employees unless such employees are covered by the protection afforded by 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 the Workers' Compensation statute, the Contractor shall provide, and cause each subcontractor to
provide, adequate insurance satisfactory to the Department, for the protection of its employees not
otherwise protected.
23. INDEMNIFICATION. The Contractor and the Department shall each be solely responsible for the
negligent or wrongful acts of its respective employees and agents acting within the scope of their
employment. Further, each party shall bear its own costs of every name and description, including
attorneys'fees, arising from or relating to personal injury and damage to real or personal tangible
property alleged to be caused in whole or in part by its employees and agents acting within the scopeof
their employment. However, nothing contained herein shall constitute a waiver by the Contractor or the
Department of its sovereign immunity or waiver or modification of Section 768.28,F.S.
THIRD PARTIES
Approved Template 01/02/2017)
DEP Restated Contract No. GC919, Page 7 of 14
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24. SUBCONTRACTING.An "X" beside the correct provision in this section signifies that the provision
is applicable to the Contract.
Contractor shall not subcontract any work under this Contract.
A. Contractor shall not subcontract any work under this Contract without the prior written
consent of the Department's Contract Manager. Department reserves the right to reject
any proposed subcontractor based upon the Department's prior experience with
subcontractor, subcontractor's reputation, or the Department's lack of adequate assurance
of performance by subcontractor. Contractor agrees to be responsible for the fulfillment of
all work elements included in any subcontract and agrees to be responsible for the
payment of all monies due under any subcontract.
B. Department shall not be liable to any subcontractor for any expenses or liabilities incurred
under any subcontract, regardless of whether the Department has approved such
subcontract or subcontractor. Contractor shall be solely liable to its subcontractor(s)for all
expenses and liabilities incurred under any subcontract. Any subcontracts made under or
in performance of this Contract must include the same conditions specified in this Contract,
with the exception of insurance requirements(paragraph contained herein), and shall
include a release of any rights, claims or liabilities against the Department. The level of
insurance to be carried by subcontractors performing work under this Contract shall be at
the discretion of Contractor.
25. NONASSIGNABILITY. Contractor shall not sell, assign or transfer any of its rights,duties or
obligations under this Contract(its Rights and Duties),without the prior written consent of the
Department. Contractor shall remain liable for performance of its Rights and Duties, regardless of any
assignment to or assumption by any third party, notwithstanding any approval thereof by the Department.
However, the Department may expressly release the Contractor from any and all Rights and Duties
through a novation accompanying an approved assignment. Department may assign the Department's
Rights and Duties, but shall give prior written notice of its intent to do so to the Contractor. The foregoing
notwithstanding, the Contractor hereby assigns to the State any and all claims it has with respect to the
Contract under the antitrust laws of the United States and the State.
26. THIRD PARTY BENEFICIARIES. This Contract is neither intended nor shall it be construed to
grant any rights, privileges or interest in any third party without the mutual written agreement of the
parties hereto.
SUSPENSION AND TERMINATION
27. SUSPENSION.
A. Department may order the Contractor in writing to suspend, delay or interrupt all or any part of
the Work for failure to perform, or as otherwise specified herein, such period of time as the Department
may determine to be appropriate for any of the following reasons:
1.) Contractor fails to timely and properly correct deficiencies in or performs unsatisfactory
work;
2.) Contractor's or subcontractor's insurer or surety notifies the Department that any of its
required insurance or bonds has lapsed or will lapse, and the Contractor fails to provide
replacement insurance or bonds acceptable to the Department before the insurance or bond
cancellation or termination date;
3.) Contractor or subcontractor materially violates safety laws or other constraints;
4.) Department determines that there is a threat to the public health, safety or welfare that
necessitates such suspension;or
5.) For the convenience of the Department.
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B. If the performance of all or any part of the Work is suspended, delayed or interrupted for an
unreasonable period of time by an act of the Department in administration of the Work, or by the
Department's failure to act within a reasonable time to review or approve an invoice,the Department shall
provide an equitable extension of the time allowed to complete the Work and modify the Scope
accordingly. However, no adjustment shall be made under this clause for any suspension, delay or
interruption if and to the extent that:
1.) Performance would have been suspended, delayed or interrupted by any other cause,
including the fault or negligence of the Contractor;or
2.) Equitable adjustment is provided for (or excluded) under any other provision of this
Contract.
C. Contractor shall not be compensated for Work performed subsequent to a notice of suspension
by Department.
28. TERMINATION.
A. Department may terminate this Contract at any time for cause, in the event of the failure of the
Contractor to fulfill any of its obligations. Prior to termination, the Department shall provide ten (10)
calendar days written notice of its intent to terminate for cause, including the reasons for such, and shall
provide the Contractor an opportunity to consult with the Department regarding the reason(s)for
termination. Contractor may be afforded the possibility of curing any default at the sole discretion of the
Department.
B. The Department may terminate this Contract without cause and for its convenience by giving
thirty (30) calendar days written notice to the Contractor. Termination for convenience shall not entitle
either party to any indirect, special or resulting damages, lost profits, costs or penalties, and the
Contractor shall be entitled only to recover those amounts earned by it for authorized deliverables
completed up to the date of termination (or as may be agreed to in writing by the Department for
completion of all or any portion of the Work in process).
GENERAL CONDITIONS
29. ATTORNEY'S FEES. In the event of any legal action to enforce the terms of this Contract, each
party shall bear its own attorney's fees and costs.
30. CONFLICT OF INTEREST. Contractor covenants and warrants that it presently has no interest,
and shall not acquire any interest, which would conflict in any manner or degree with its performance of
this Contract or the Services required hereunder.
31. COMPLIANCE WITH APPLICABLE LAW. Contractor shall comply with all applicable federal,
state and local rules and regulations in providing services to the Department under this Contract
including, but not limited to, local health and safety rules and regulations. This provision shall be included
in all subcontracts issued as a result of this Contract.
32. DISQUALIFICATION.
A. The employment of unauthorized aliens by the Contractor/vendor is considered a violation of
Section 274A(e) of the Immigration and Nationality Act. If the Contractor knowingly employs
unauthorized aliens, such violation shall be cause for unilateral cancellation of this Contract. Contractor
shall be responsible for including this provision in all subcontracts with private organizations issued asa
result of this Contract.
B. Contractor is required to use the U.S. Department of Homeland Security's E-Verify system to
verify the employment eligibility of all employees used by the Contractor under this Contract, pursuant to
State of Florida Executive Order No.: 11-116. Also, the Contractor shall include in related subcontracts, if
authorized under this Contract, a requirement that subcontractors performing work or providing services
pursuant to this Contract utilize the E-Verify system to verify employment eligibility of all employees used
by the subcontractor for the performance of the Work.
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C. If Contract value exceeds one (1) million dollars, Contractor certifies that it and any of its
affiliates are not scrutinized companies as identified in Section 287.135, F.S. In addition, Contractor
agrees to observe the requirements of Section 287.135, F.S., for applicable sub-agreements entered into
for the performance of work under this Contract. Pursuant to Section 287.135, F.S., the Department may
immediately terminate this Contract for cause if the Contractor, its affiliates, or its subcontractors are
found to have submitted a false certification; or if the Contractor, its affiliates, or its subcontractors are
placed on any applicable scrutinized companies list or engaged in prohibited contracting activity during
the term of the Contract. As provided in Subsection 287.135(8), F.S., if federal law ceases to authorize
these contracting prohibitions then they shall become inoperative.
33. EXECUTION IN COUNTERPARTS. This Contract, and any Change Orders or Amendments
thereto, may be executed in two or more counterparts, each of which together shall be deemed an
original, but all of which together shall constitute one and the same instrument. In the event that any
signature is delivered by facsimile transmission or by e-mail delivery of a.pdf format data file, such
signature shall create a valid and binding obligation of the party executing (or on whose behalf such
signature is executed)with the same force and effect as if such facsimile or.pdf signature page were an
original thereof.
34. FORCE MAJEURE. Contractor shall not be responsible for delay resulting from its failure to perform
if neither the fault nor the negligence of the Contractor or its employees, subcontractors or agents
contributed to the delay and the delay is due directly to acts of God, wars, acts of public enemies, strikes,
fires, floods, hurricanes, or other similar cause wholly beyond the Contractor's control, or for any of the
foregoing that affect subcontractors or suppliers if no alternate source of supply is available to the
Contractor. In case of any delay the Contractor believes is excusable, the Contractor shall notify the
Department in writing of the delay or potential delay and describe the cause of the delay either 1)within five
5) days after the cause that creates or will create the delay first arose, if the Contractor could reasonably
foresee that a delay could occur as a result, or 2)if delay is not reasonably foreseeable,within ten(10)days
after the date the Contractor first had reason to believe that a delay could result. THE FOREGOING
SHALL CONSTITUTE THE CONTRACTOR'S SOLE REMEDY OR EXCUSE WITH RESPECT TO
DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy.
No claim for damages,other than for an extension of time,shall be asserted by the Contractor against the
Department. Contractor shall not be entitled to an increase in the price or payment of any kind from the
Department for direct, indirect, consequential, impact or other costs, expenses or damages, including but
not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference, or
hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to
any of the causes described in this paragraph, after the causes have ceased to exist the Contractor shall
perform at no increased cost, unless the Department determines, in its sole discretion,that the delay will
significantly impair the value of the Contract to the State or to the Department, in which case the
Department may 1) accept allocated performance or deliveries from the Contractor, provided that the
Contractor grants preferential treatment to the Department with respect to products subjected to allocation,
or 2) purchase from other sources (without recourse to and by the Contractor for the related costs and
expenses)to replace all or part of the products that are the subject of the delay, which purchases may be
deducted from the Contract quantity,or 3)terminate the Contract in whole or in part.
35. FORUM SELECTION, SEVERABILITY,AND CHOICE OF LAW, This Contract has been
delivered in the State of Florida and shall be construed in accordance with substantive and procedural
laws of Florida. Wherever possible, each provision of this Contract shall be interpreted in such manner
as to be effective and valid under applicable law, but if any provision of this Contract shall be prohibited or
invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or
invalidity,without invalidating the remainder of such provision or the remaining provisions of this Contract.
Any action in connection with this Contract shall be brought in a court of competent jurisdiction located in
Leon County, Florida.
36. GOVERNMENTAL RESTRICTIONS. If the Contractor believes that any governmental restrictions
require alteration of the material, quality,workmanship or performance of the products offered under this
Contract, the Contractor shall immediately notify the Department so in writing, identifying the specific
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restriction and alteration. Department reserves the right and the complete discretion to accept any such
alteration or to cancel the Contract at no further expense to the Department. Contractor's failure to timely
notify the Department of its asserted belief shall constitute a waiver of such claim.
37. HEADINGS. The headings contained herein are for convenience only, do not constitute a part of
this Contract and shall not be deemed to limit or affect any of the provisions hereof.
38. INTEGRATION. This Contract contains all the terms and conditions agreed upon by the parties,
which terms and conditions shall govern all transactions between the Department and the Contractor.
Any alterations, variations, changes, modifications or waivers of provisions of this Contract shall only be
valid when they have been reduced to writing, duly signed by each of the parties hereto, and attached to
the original of this Contract, unless otherwise provided herein. No oral agreements or representations
shall be valid or binding upon the Department or the Contractor. No alteration or modification of the
Contract terms, including substitution of product, shall be valid or binding against the Department.
Contractor may not unilaterally modify the terms of this Contract by affixing additional terms to product
upon delivery(e.g., attachment or inclusion of standard preprinted forms, product literature, "shrink wrap"
terms accompanying or affixed to a product, whether written or electronic) or by incorporating such terms
onto the Contractor's order or fiscal forms or other documents forwarded by the Contractor for payment.
Department's acceptance of product or processing of documentation on forms furnished by the Contractor
for approval or payment shall not constitute acceptance of the proposed modification to terms and
conditions.
39. INTERPRETATION OF CONTRACT.
A. Where appropriate: the singular includes the plural and vice versa; references to statutes or
regulations include all statutory or regulatory provisions consolidating, amending or replacing the statute
or regulation referred to; unless otherwise indicated references to Rules are to the adopted rules in the
Florida Administrative Code; the words "including,""includes"and "include" shall be deemed to be
followed by the words"without limitation"; unless otherwise indicated references to sections, appendices
or schedules are to this Contract;words such as"herein,""hereof' and "hereunder" shall refer to the
entire document in which they are contained and not to any particular provision or section;words not
otherwise defined which have well-known technical or construction industry meanings, are used in
accordance with such recognized meanings; references to Persons include their respective permitted
successors and assigns and, in the case of Governmental Persons, Persons succeeding to their
respective functions and capacities; and words of any gender used herein shall include each othergender
where appropriate.
B. Contractor acknowledges and agrees that it has independently reviewed this Contract with
legal counsel, and that it has the requisite experience and sophistication to understand, interpret and
agree to the particular language of the terms. Accordingly, if an ambiguity in (or dispute regarding the
interpretation of)this Contract shall arise, the Contract shall not be interpreted or construed against the
Department, and, instead, other rules of interpretation and construction shall be used
40. MODIFICATIONS REQUIRED BY LAW. Department reserves the right to revise this Contract to
include additional language required by Federal agency(ies) or other sources awarding funding to the
Department in support of this Contract, if applicable, and to include changes required by Florida
Administrative Code rule changes.
41. MYFLORIDAMARKETPLACE TRANSACTION FEE. The State of Florida, through DMS, has
instituted MyFloridaMarketPlace, a statewide e-procurement system. Pursuant to Rule 60A-1.031,
Florida Administrative Code, payments under this Contract are exempt from the MyFloridaMarketPlace
transaction fee.
42. NONDISCRIMINATION.
A. Contractor certifies that no person, on the grounds of race, creed, color, religion, national origin,
age, gender, 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.
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B. Contractor certifies that neither it nor any affiliate is or has been placed on the discriminatory
vendor list. 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, may not submit bids on
leases of real property to a public entity, may not award or perform work as a contractor, supplier,
subcontractor or consultant under contract with any public entity, and may not transact business with any
public entity. The Florida Department of Management Services ("DMS") is responsible for maintaining the
discriminatory vendor list and posts the list on its website. Questions regarding the discriminatory vendor
list may be directed to the Florida Department of Management Services, Office of Supplier Diversity at
850)487-0915.
C. Contractor shall comply with the Americans with Disabilities Act.
43. NON-SOLICITATION. Contractor covenants and warrants that it has not employed or retained any
company or person, other than a bona fide employee working solely for the Contractor to solicit or secure
this Contract and that it has not paid or agreed to pay any person, company, corporation, individual, or
firm, other than a bona fide employee working solely for the Contractor any fee, commission, percentage,
gift or other consideration contingent upon or resulting from the award or making of this Contract.
44. NON-WAIVER OF RIGHTS. No delay or failure to exercise any right, power or remedy accruing to
either party upon breach or default by the other 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.
45. ORDER OF PRECEDENCE. In the event of a conflict in terms between any of the components of
this Contract, the order of precedence for resolving such conflict shall be as follows (1 being the highest
precedence):
1. Body of this Contract;
2. Scope;
3. All other attachments to this Contract; and
4. Documents, agreements and exhibits incorporated herein by reference.
46. OWNERSHIP OF DOCUMENTS.All plans, specifications, maps, computer files, databases and/or
reports prepared or obtained under this Contract, as well as data collected together with summaries and
charts derived therefrom, shall be considered works made for hire and shall be and become the property
of the Department upon completion or termination of this Contract, without restriction or limitation on their
use, and shall be made available upon request to the Department at any time during the performance of
such services and/or upon completion or termination of this Contract. Upon delivery to the Department of
said document(s), the Department shall become the custodian thereof in accordance with Chapter119,
F.S. Contractor shall not copyright any material and products or patent any invention developed under
this Contract.
47. P.R.I.D.E. When possible, the Contractor agrees that any articles which are the subject of, or
required to carry out, this Contract shall be purchased from P.R.I.D.E. as specified in Chapter 946, F.S.,
if available, in the same manner and under the same procedures set forth in Section 946.515(2) and (4),
F.S.; and for purposes of this Contract the person, firm or other business entity carrying out the provisions
of this Contract shall be deemed to be substituted for this agency insofar as dealings with P.R.I.D.E. are
concerned.
The "Corporation identified" is PRISON REHABILITATIVE INDUSTRIES AND DIVERSIFIED
ENTERPRISES, INC. (P.R.I.D.E.) which may be contacted at:
P.R.I.D.E.
12425 28th Street, North
St. Petersburg, Florida 33716-1826
Toll Free: 1-800-643-8459
Website: http://www.pride-enterprises.org/
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48. PUBLIC ENTITY CRIMES. A person or affiliate (as defined) 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 for Category Two (as defined in Section 287.017,
F.S.), for a period of 36 months from the date of being placed on the convicted vendor list, pursuant to
Section 287.133, F.S. Contractor certifies that neither it nor any affiliate has been placed on such
convicted vendor list, and shall notify the Department within five (5) days of its, or any of its affiliate's,
placement thereon.
49. PUBLIC RECORDS. Public Records Requirements (Attachment F), as attached to this Contract, are
hereby incorporated into the Contract.
50. RECORD KEEPING AND AUDIT.
A. Contractor shall maintain books, records and documents directly pertinent to performance
under this Contract in accordance with United States generally accepted accounting principles (US
GAAP) consistently applied. Department, the State, or their authorized representatives shall have access
to such records for audit purposes during the term of this Contract and for five (5) years following Contract
completion or termination. In the event any work is subcontracted, the Contractor shall similarly require
each subcontractor to maintain and allow access to such records for audit purposes.
B. The Contractor understands its duty, pursuant to Section 20.055(5), F.S., to cooperate with the
Department's Inspector General in any investigation, audit, inspection, review, or hearing. The Contractor
will comply with this duty and ensure that its subcontracts issued under this Contract, if any, impose this
requirement, in writing, on its subcontractors.
51. REMEDIES. All rights and remedies provided in this Contract are cumulative and not exclusive of
any other rights or remedies that may be available to the Department,whether provided by law, equity,
statute, in any other agreement between the parties or otherwise. Department shall be entitled to
injunctive and other equitable relief, including, but not limited to, specific performance, to prevent a
breach, continued breach or threatened breach of this Contract. No remedy or election thereunder shall
be deemed exclusive. A failure to exercise or a delay in exercising, on the part of the Department, any
right, remedy, power or privilege hereunder shall not operate as a waiver thereof; nor shall any single or
partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise
thereof or the exercise of any other right, remedy, power or privilege.
52. RESPECT OF FLORIDA. When possible, the Contractor agrees that any articles that are the
subject of, or required to carry out, this Contract shall be purchased from a nonprofit agency for the blind
or for the severely handicapped that is qualified pursuant to Chapter 413, F.S., in the same manner and
under the same procedures set forth in Section 413.036(1) and (2), F.S.; and for purposes of this
Contract the person, firm, or other business entity carrying out the provisions of this Contract shall be
deemed to be substituted for the state agency insofar as dealing with such qualified nonprofit agency is
concerned.
The"nonprofit agency" identified is RESPECT of Florida which may be contacted at:
RESPECT of Florida.
2475 Apalachee Parkway, Suite 205
Tallahassee, Florida 32301-4946
850)487-1471
Website: www.respectofflorida.orq
53. TAX EXEMPTION. Contractor recognizes that the Department is an agency of the State of Florida,
which by virtue of its sovereignty is not required to pay any taxes on the services or goods purchased
under the terms of this Contract. Department does not pay Federal excise or sales taxes on direct
purchases of tangible personal property. Department will not pay for any personal property taxes levied
on the Contractor or for any taxes levied on employees'wages.
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ATTACHMENT A
SCOPE OF WORK
STORAGE TANK SYSTEM COMPLIANCE ASSISTANCE
GUIDANCE DOCUMENTS
The Contractor shall perform the services required under this Contract in accordance with the guidance
documents and the terms of this Contract.The guidance documents referenced herein shall be provided to
the Contractor with each executed Task Assignment.The Department reserves the right to update or
amend the guidance documents as needed.
WORK DESCRIPTION
1. The Contractor shall perform routine compliance inspections within the jurisdictional (geographical)
boundaries of the specified counties 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. In addition, the Contractor shall perform closure inspections, installation
inspections, discharge inspections, re-inspections, and complaint inspections 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. However, an authorized facility
representative must safely access all storage tank system components for inspection by the
Contractor, and must demonstrate operational functionality of electronic equipment. This Scope of
Work provides the minimum services the Department is seeking. The specific Tasks, Deliverables,
Performance Measures, and Deliverable due dates will be included in each issued Task Assignment.
TASKS
2. Inspections must be performed in accordance with each executed Task Assignment.
A. Perform routine compliance inspections of facilities listed on each executed Task Assignment.
Facilities not listed for inspection during the current executed Task Assignment will be
prioritized to be inspected during subsequent Task Assignments.
B. Perform all closure inspections at known storage tank system closure activities (limited to
Tanks, Sumps, Spill Containment Systems, Spill Buckets, Integral Piping and Bulk Product
Piping and any other components as directed) and of past closure activities that have been
discovered as having taken place without notification to ensure that the system or system
component is properly closed in accordance with Chapters 62-761 and 62-762, F.A.C., as
applicable.
C. Perform all installation inspections of known new installations and of past installations (limited
to Tanks, Sumps, Spill Containment Systems, Spill Buckets, Integral Piping and Bulk Product
Piping and any other components as directed) that have been discovered as having taken
place without notification 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.
D. Perform a discharge inspection at all facilities with known or suspected discharges within
fourteen (14) calendar days of receipt of notification.
E. Re-inspections may only be performed for payment as needed to verify compliance of items
identified as requiring a re-inspection, as referenced in the "Storage Tank System Program (®
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Violation List" (Guidance Document A). For all other violations, a re-inspection may only be
performed for payment if the Contractor and the Department Task Manager agree, prior to the
inspection, that it is warranted.
F. Respond to complaints concerning regulated facilities, and/or as directed by the Department
Task Manager by performing a complaint inspection. Inspection findings concerning regulated
facilities shall be documented in a complaint inspection report activity in FIRST. Complaint
inspections not involving a regulated facility shall be documented in writing and/or as directed
by the Department Task Manager.
3. Inspector responsibilities shall include:
A. Contacting facility owners, operators, and/or other authorized representatives verbally or in
writing,to schedule inspections.The Department Task Manager may require written notification
of inspections if verbal methods have proven unsatisfactory. For routine compliance
inspections, the Contractor shall provide outreach to each facility prior to the inspection by
contacting the facility at least five(5)calendar days in advance of the inspection, reminding the
facility to view the inspection videos on the Department's website prior to the upcoming
inspection, and discussing recent previous inspections at the facility noting any violations cited.
This outreach is to be documented in FIRST in a Phone or Electronic Communication Activity,
depending on how the contact was made.
B. Conducting inspections with the owners, operators, and/or other authorized representatives of
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 or providing directions for the use of the Electronic Self Service
Application Portal (ESSA) on the Department's website to all facilities that are determined by
the Contractor to need registration updates.
D. All inspection activities shall be documented using 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).
E. All inspection reports shall be completed in accordance with the "Level of Effort Guidance"
Guidance Document F). The date and manner of the issuance of the inspection report to the
facility owner/operator shall be documented in FIRST. This may be accomplished with the
completion of one or more supporting activities in FIRST, such as a Non-Compliance Project
Letter Activity, Issue Document Activity, and/or Electronic Communication Activity.
F. Responding to requests for public assistance both in the office and during inspections.
4. Perform Level 1 Compliance Assistance 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 Compliance
Assistance letters and related activities 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 Compliance Assistance activities. Compliance Assistance 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 Compliance Assistance letters shall be on Department forms, in Department format, or have
Department approval.
D. Compliance Assistance letters shall be issued through FIRST in accordance with the "FIRST
User's Guide" (Guidance Document B) to ensure that the letters are posted to the OCULUS
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document management system.
E. If there is any indication that Compliance Assistance actions are not being performed in
accordance with "Level of Effort Guidance" (Guidance Document F); the Department Task
Manager may request the submission of a Corrective Action Plan (CAP), and may recommend
to the Department Contract Manager to hold invoices until such actions are being performed to
the satisfaction of the Department Task Manager. The Department Task Manager shall be
responsible for reviewing the CAP and notifying the Contractor if the CAP is approved or in
need of revision.
F. The Contractor must maintain the administrative organization, staff, financial and other
resources necessary to effectively administer the requirements of this Attachment. Failure to
do so is a material breach of this Contract.
G. This Attachment specifically does not include actions associated with the cleanup or
enforcement of Contractor-owned or operated petroleum storage systems or any discharge(s)
associated with them.
ASSESSMENT OF PERFORMANCE LEVELS
5. The Contractor shall perform inspections as directed 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 Department Task Manager.
6. Following the effective date of each Task Assignment, the Contractor must have completed the
following percentage of the required routine compliance inspections unless otherwise indicated in the
Task Assignment:
A. After four(4) months, thirty three percent (33%) of inspections must have been completed.
B. After eight(8) months, sixty six percent (66%) of inspections must have been completed.
C. After twelve (12) months, one hundred percent (100%) of inspections must have been
completed.
7. If the actual number of completed inspections falls below these levels, then the Contractor must
submit a CAP to the Department Task Manager, and associated invoices will be held by the
Department Contract Manager until these completion percentages are subsequently reached.
8. If there is any indication that other required inspections or activities are not being performed, the
Department Task Manager may request the submission of a CAP and may recommend to the
Department Contract Manager to hold invoices until such actions are being performed to the
satisfaction of the Department Task Manager.
9. The Department Task Manager shall be responsible for reviewing all CAPs and notifying the
Contractor if the CAP is approved or is in need of revision.
10. A completion rate of 100 percent is required for those activities described in Paragraph 1, above, and
as set forth in each Task Assignment, unless otherwise indicated in the Task Assignment.
11. The Department shall authorize the Contractor to provide services under this Contract utilizing the
Task Assignment Notification Form, attached to the Contract as Attachment C. The Contractor
acknowledges that no work shall be performed until a Task Assignment authorizing work has been
fully executed by the Department and the Contractor. If, during the term of an executed Task
Assignment, a modification of the Task Assignment is needed,the Department may issue a new Task
Assignment Form clearly marked with the original task number and the appropriate amendment
06,
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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 Department and
the Contractor prior to the work being performed.
SCOPE REQUIREMENTS
12. The Contractor shall administer the compliance verification program, provide technical assistance,
and perform level 1 Compliance Assistance actions. Data generated from all inspections conducted
under the direction of the Department shall be entered into FIRST, and completed, prior to the
submittal of an invoice to the Department Contract Manager.
13. The Contractor shall comply with all provisions of this Contract, verify facility compliance with Chapter
376, F.S., and Chapters 62-761 and 62-762, and be knowledgeable of the differences between the
state and federal environmental statutes and rules applicable to underground storagetanks.
14. The Contractor shall require that qualified individuals perform field inspections and that they receive
training on Chapters 62-761 and 62-762, and Chapter 376, F.S.
15. 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 Department position levels as specified in this Contract.
16. The Contractor shall determine the accurate latitude and longitude coordinates for each regulated
facility inspected using Department-approved procedures and ensure the proper entry of this data
into the Department inspection database.
17. The Contractor shall review closure reports filed by facility owners, operators, or authorized
representatives to ensure that the Department's "Instructions for Conducting Sampling During
Aboveground Storage Tank Closure" (Guidance Document C1) and "Instructions for Conducting
Sampling During Underground Storage Tank Closure"(Guidance Document C2)have been followed.
In cases where these requirements have not been met, the Contractor shall initiate Level 1
Compliance Assistance actions to compel compliance. In cases where these requirements have been
met and none the of Department'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 and it has been determined to be
a new discharge, the Contractor shall prepare and send a Site Assessment Report request letter to
the facility owner and operator, if appropriate. In addition, the Contractor shall provide notification to
the Department Task Manager within thirty (30) days of the determination of a new discharge at a
facility.
18. The Contractor shall prepare and send a Site Assessment Report request letter to the facility owner
and operator, if appropriate, in cases where a new discharge has been discovered related to a
regulated storage tank system, but unrelated to a closure as discussed in paragraph 13., above. In
addition, the Contractor shall provide within thirty (30) days of the determination of a new discharge
at a facility.
19. The Contractor shall maintain its paper files on regulated facilities that were composed prior to the
FIRST database implementation, as well as documentation from the facility that may not be available
in FIRST, such as closure reports. In the event a case referral to the Department District Office for
further enforcement is necessary, a copy of any documents pertinent to the case that are not available
in FIRST shall be submitted to the Department District Office in accordance with the "Guidelines for
Case Referrals" (Guidance Document G).
20. Facility files must be kept until the site has been determined closed. Once the facility has been closed
for five(5) years, the records may be transmitted electronically to the Department Contract Manager
Restated Contract No. GC919, Attachment A, Page 4 of 6
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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 Department's contractual arrangement with the Contractor to perform the
inspection program (through this Contract or any future contracts) ceases, the Contractor shall
transmit electronic copies of all documents to the Department Contract Manager.
21. The Contractor shall provide attendance of at least one program staff member at scheduled meetings,
conferences, and teleconferences. The Department 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 Department.
22. 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).
23. The Contractor shall supervise the Local Compliance Program with an individual at a minimum
equivalent to the Department's Environmental Specialist III personnel category.
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 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 Department,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.
26. 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 Inland Protection
Trust Fund (IPTF) and Florida Coastal Protection Trust Fund (FCPTF) moneys for purposes other
than those specified in these sections.
27. Access to Department 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 services
of a reputable Internet service provider.The Contractor must have a dedicated Internet line for FIRST.
28. The Contractor shall provide a written response within forty-five (45) days to the Program Review
findings conducted in accordance with paragraph 37, below, and at a minimum, provide details on
any corrective actions that will be implemented.
29. The Contractor shall submit a satisfactory Corrective Action Plan to the Department 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 seventy-five (75) reflects an
unacceptable level of performance, if the Contractor receives a score below seventy-five (75) may
result in contract termination.
30. 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.
DEPARTMENT RESPONSIBILITIES
31. The Department shall serve in an advisory capacity to the Contractor. The Department shall make
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legal interpretations of Department 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.
32. The Department shall review completed inspection reports when and as deemed necessary.
33. The Department shall provide program and regulatory guidance for the Contractor. The Department
shall provide training in new technology and program management changes as necessary.
34. The Department 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 G).
35. The Department shall provide information to the Contractor about Department registered storage tank
system equipment and alternate procedures (waivers, variances, or registrations).
36. At least once annually, the Department 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
Department may conduct inspections, including accompanied inspections and follow-up inspections,
at any reasonable time. In addition, the Department may also conduct facility file reviews through
FIRST at any time. The Department Task Manager may perform additional program reviews, as
deemed necessary, to insure the required performance of the Contractor. The Department 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.
PAYMENTS
37. 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. The invoice shall be submitted electronically to the
Department Contract Manager at STR Invoices( dep.state.fl.us and copied to the Department Task
Manager_Reimbursement requests for the purchase of non-expendable equipment costing $1,000
or more must include copies of invoices or receipts to document the charges.
DOCUMENTATION
38. Prior to the submittal of each month's invoice to the Department Contract Manager, the Contractor
shall complete and submit electronically the "Payment Calculation Sheet" (Guidance Document H)
for the month to the Department Task Manager no later than the 10th day of the month following the
month of services. The Department Task Manager shall review the monthly Payment Calculation
Sheet for accuracy and completeness and shall return the approved Payment Calculation Sheet to
the Contractor for submittal with the monthly invoice to the Department Contract Manager in
Tallahassee, Florida for processing. If the Contractor fails to perform as directed by the terms of this
Contract, the Department shall return the unpaid invoice to the Contractor documenting the areas in
which the Contractor has failed to meet its contractual obligations.
MANAGEMENT
39. The Department Contract Manager is Roger Ruiz, Phone(850)245-8854. The Contractor's Contract
Manager is Phil Snyderburn, Phone (239) 207-0920. Each Task Assignment will identify the
Department Task Manager and the Contractor's Task Manager.All matters relating to a specific Task
Assignment shall be directed to the Department Task Manager for appropriate action or disposition.
All matters relating to this Contract shall be directed to the Department Contract Manager.
S
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ATTACHMENT B
SCOPE OF WORK
STORAGE TANK SYSTEM COMPLIANCE ASSISTANCE AND ENFORCEMENT ACTIONS
GUIDANCE DOCUMENTS
The Contractor shall perform the services required under this Contract in accordance with the guidance
documents and the terms of this Contract. The guidance documents referenced herein shall be provided to
the Contractor with each executed Task Assignment. The Department reserves the right to update or
amend the guidance documents as needed.
WORK DESCRIPTION
1. The Contractor shall perform routine compliance inspections within the jurisdictional (geographical)
boundaries of the specified counties 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., In addition, the Contractor shall perform closure inspections, installation
inspections, discharge inspections, re-inspections, and complaint inspections 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. However, an authorized facility
representative must safely access all storage tank system components for inspection by the
Contractor, and must demonstrate operational functionality of electronic equipment. This Scope of
Work provides the minimum services the Department is seeking. The specific Tasks, Deliverables,
Performance Measures, and Deliverable due dates will be included in each issued Task Assignment.
TASKS
2. Inspections must be performed in accordance with each executed Task Assignment.
A. Perform routine compliance inspections of facilities listed on each executed Task Assignment.
Facilities not listed for inspection during the current executed Task Assignment will be
prioritized to be inspected during subsequent Task Assignments.
B. Perform all closure inspections at known storage tank system closure activities (limited to
Tanks, Sumps, Spill Containment Systems, Spill Buckets, Integral Piping and Bulk Product
Piping and any other components as directed) and of past closure activities that have been
discovered as having taken place without notification to ensure that the system or system
component is properly closed in accordance with Chapters 62-761 and 62-762, F.A.C., as
applicable.
C. Perform all installation inspections of known new installations and of past installations (limited
to Tanks, Sumps, Spill Containment Systems, Buckets, Integral Piping and Bulk Product Piping
and any other components as directed) that have been discovered as having taken place
without notification 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.
D. Perform a discharge inspection at all facilities with known or suspected discharges within
fourteen (14) calendar days of receipt of notification.
E. Re-inspections may only be performed for payment as needed to verify compliance of items
identified as requiring a re-inspection, as referenced in the "Storage Tank System Program
0ViolationList" (Guidance Document A). For all other violations, a re-inspection may only be
90
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performed for payment if the Contractor and the Department Task Manager agree, prior to the
inspection, that it is warranted.
F. Respond to complaints concerning regulated facilities, and/or as directed by the Department
Task Manager by performing a complaint inspection. Inspection findings concerning regulated
facilities shall be documented in a complaint inspection report activity in FIRST. Complaint
inspections not involving a regulated facility shall be documented in writing and/or as directed
by the Department Task Manager.
3. Inspector responsibilities shall include:
A. Contacting facility owners, operators, and/or other authorized representatives verbally or in
writing,to schedule inspections.The Department Task Manager may require written notification
of inspections if verbal methods have proven unsatisfactory. For routine compliance
inspections, the Contractor shall provide outreach to each facility prior to the inspection by
contacting the facility at least five(5)calendar days in advance of the inspection, reminding the
facility to view the inspection videos on the Department's website prior to the upcoming
inspection, and discussing recent previous inspections at the facility noting any violations cited.
This outreach is to be documented in FIRST in a Phone or Electronic Communication Activity,
depending on how the contact was made.
B. Conducting inspections with the owners, operators, and/or other authorized representativesof
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 or providing directions for the use of the Electronic Self Service
Application Portal (ESSA) on the Department's website to all facilities that are determined by
the Contractor to need registration updates.
D. All inspection activities shall be documented using 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).
E. All inspection reports shall be completed in accordance with the "Level of Effort Guidance"
Guidance Document F). The date and manner of the issuance of the inspection report to the
facility owner/operator shall be documented in FIRST. This may be accomplished with the
completion of one or more supporting activities in FIRST, such as a Non-Compliance Project
Letter Activity, Issue Document Activity, and/or Electronic Communication Activity.
F. Responding to requests for public assistance both in the office and during inspections.
4. Perform Level 1 Compliance Assistance and Level 2 enforcement actions in accordance with Exhibit
A, Storage Tank System Compliance Assistance and Enforcement Actions, attached hereto and
made a part hereof.
A. Level 1 Compliance Assistance actions.
1) 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 Compliance
Assistance letters and related activities in accordance with the "Storage Tank System
Program Violation List" (Guidance Document A) and "Level of Effort Guidance"(Guidance
Document F).
2) An individual(s) in a position equivalent to an Environmental Specialist II level or higher
shall conduct Level 1 Compliance Assistance activities. Compliance Assistance 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.
Restated Contract No. GC919, Attachment B, Page 2 of 7
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3) All Compliance Assistance letters shall be on Department forms, in Department format, or
have Department approval.
4) Compliance Assistance letters shall be issued through FIRST in accordance with the
FIRST User's Guide" (Guidance Document B) to ensure that the letters are posted to the
OCULUS document management system.
5) If there is any indication that Compliance Assistance actions are not being performed in
accordance with"Level of Effort Guidance" (Guidance Document F); the Department Task
Manager may request the submission of a Corrective Action Plan (CAP), and may
recommend to the Department Contract Manager to hold invoices until such actions are
being performed to the satisfaction of the Department Task Manager. The Department
Task Manager shall be responsible for reviewing the CAP and notifying the Contractor if
the CAP is approved or in need of revision.
B. Level 2 enforcement actions.
1) These actions shall include initiation and completion of administrative and judicial
enforcement actions as lead party; preparing, delivering, and executing enforcement
documents including Warning Letters, Consent Orders, Notices of Violation, and Final
Orders; taking lead responsibility in the discovery process; determining appropriate judicial
remedies, including civil penalties, injunctive relief, and assessment of damages; and
performing post-judgment enforcement activities.
2) All Level 2 enforcement actions shall be conducted under the supervision of an attorney
licensed to practice law in the State of Florida and employed by the Contractor.
3) All enforcement documents shall be on Department forms, in Department format, or have
Department approval unless documents are being filed as part of a legal proceeding in
which case the rules of procedure for the body before which the legal proceeding is taking
place shall apply.
4) Any penalties assessed under this Exhibit shall be in accordance with "DEP Directive 923:
Settlement Guidelines for Civil and Administrative Penalties" (Guidance Document I).
5. The Contractor must perform the enforcement actions specified in this Exhibit under its own
ordinances. Therefore, the Contractor must have and maintain provisions adopting Chapters62-761
and 62-762, F.A.C., or their equivalent and penalty authority equivalent to that set forth in Sections
403.141 and 403.161, F.S., as their own local ordinances during the term of this Contract. Failure to
maintain such requirements shall result in the unilateral termination of this Contract by the
Department.
6. The Contractor must maintain the administrative organization, staff, financial and other resources
necessary to effectively administer the requirements of this Attachment. Failure to do so is a material
breach of this Contract.
7. This Attachment specifically does not include actions associated with the cleanup or enforcement of
Contractor-owned or operated petroleum storage systems or any discharge(s)associated with them.
8. If there is any indication that enforcement actions are not being performed or are inadequate, the
Department Task Manager may request the submission of a CAP and may recommend to the
Department Contract Manager to hold invoices until such actions are being performed to the
satisfaction of the Department Task Manager. The Department Task Manager shall be responsible
for reviewing the CAP and notifying the Contractor if the CAP is approved or in need of revision.
ASSESSMENT OF PERFORMANCE LEVELS
9. The Contractor shall perform inspections as directed in paragraph 4, above, and assess performance
levels monthly to determine its progress towards completion of each Task Assignment. Upon
Restated Contract No. GC919, Attachment B, Page 3 of 7
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discovery of any problems that would delay or prevent the timely progress and completion of each
Task Assignment, the Contractor shall notify the Department Task Manager.
10. Following the effective date of each Task Assignment, the Contractor must have completed the
following percentage of the required routine compliance inspections unless otherwise indicated in the
Task Assignment:
A. After four(4) months, thirty three percent(33%) of inspections must have been completed.
B. After eight(8) months, sixty six percent(66%) of inspections must have been completed.
C. After twelve(12)months,one hundred percent(100%)of inspections must have been completed.
11. If the actual number of completed inspections falls below these levels, then the Contractor must
submit a CAP to the Department Task Manager, and associated invoices will be held by the
Department Contract Manager until these completion percentages are subsequently reached.
12. If there is any indication that other required inspections or activities are not being performed, the
Department Task Manager may request the submission of a CAP and may recommend to the
Department Contract Manager to hold invoices until such actions are being performed to the
satisfaction of the Department Task Manager.
13. The Department Task Manager shall be responsible for reviewing all CAPs and notifying the
Contractor if the CAP is approved or needs revision.
14. A completion rate of 100 percent is required for those activities described in Paragraph 1, above, and
as set forth in each Task Assignment, unless otherwise indicated in the Task Assignment.
15. The Department shall authorize the Contractor to provide services under this Contract utilizing the
Task Assignment Notification Form, attached to the Contract as Attachment C. The Contractor
acknowledges that no work shall be performed until a Task Assignment authorizing work has been
fully executed by the Department and the Contractor. If, during the term of an executed Task
Assignment, a modification of the Task Assignment is needed,the Department 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 Department and
the Contractor prior to the work being performed.
SCOPE REQUIREMENTS
16. The Contractor shall administer the compliance verification program, provide technical assistance,
and perform level 1 Compliance Assistance actions. Data generated from all inspections conducted
under the direction of the Department shall be entered into FIRST, and completed, prior to the
submittal of an invoice to the Department Contract Manager.
17. The Contractor shall comply with all provisions of this Contract, verify facility compliance with Chapter
376, F.S., and Chapters 62-761 and 62-762, and be knowledgeable of the differences between the
state and federal environmental statutes and rules applicable to underground storage tanks.
18. The Contractor shall require that qualified individuals perform field inspections and that they receive
training on Chapters 62-761 and 62-762, and Chapter 376, F.S.
19. 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 Department position levels as specified in this Contract.
111:1?
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20. The Contractor shall determine the accurate latitude and longitude coordinates for each regulated
facility inspected using Department-approved procedures and ensure the proper entry of this data
into the Department inspection database.
21. The Contractor shall review closure reports filed by facility owners, operators, or authorized
representatives to ensure that the Department's "Instructions for Conducting Sampling During
Aboveground Storage Tank Closure" (Guidance Document C1) and "Instructions for Conducting
Sampling During Underground Storage Tank Closure"(Guidance Document C2)have been followed.
In cases where these requirements have not been met, the Contractor shall initiate Level 1
Compliance Assistance actions to compel compliance. In cases where these requirements have been
met and none the of Department'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 and it has been determined to be
a new discharge, the Contractor shall prepare and send a Site Assessment Report request letter to
the facility owner and operator, if appropriate. In addition, the Contractor shall provide notification to
the Department Task Manager within thirty (30) days of the determination of a new discharge at a
facility.
22. The Contractor shall prepare and send a Site Assessment Report request letter to the facility owner
and operator, if appropriate, in cases where a new discharge has been discovered related to a
regulated storage tank system, but unrelated to a closure as discussed in paragraph 13., above. In
addition, the Contractor shall provide within thirty (30) days of the determination of a new discharge
at a facility.
23. The Contractor shall maintain its paper files on regulated facilities that were composed prior to the
FIRST database implementation, as well as documentation from the facility that may not be available
in FIRST, such as closure reports. In the event a case referral to the Department District Office for
further enforcement is necessary,a copy of any documents pertinent to the case that are not available
in FIRST shall be submitted to the Department District Office in accordance with the "Guidelines for
Case Referrals" (Guidance Document G).
24. Facility files must be kept until the site has been determined closed. Once the facility has been closed
for five (5) years, the records may be sent to the Department 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
Department'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 Department Contract Manager in Tallahassee within 30 calendar days of Contract
expiration or termination.
25. The Contractor shall provide attendance of at least one program staff member at scheduled meetings,
conferences, and teleconferences. The Department 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 Department.
26. 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).
27. The Contractor shall supervise the Local Compliance Program with an individual at a minimum
equivalent to the Department's Environmental Specialist III personnel category.
Restated Contract No. GC919, Attachment B, Page 5 of 7
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28. 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.
29. 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 Department,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.
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 Department 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 services
of a reputable Internet service provider. The Contractor must have a dedicated Internet line for
FIRST.
32. The Contractor shall provide a written response within forty-five (45) days to the Program Review
findings conducted in accordance with paragraph 38, below, and at a minimum, provide details on
any corrective actions that will be implemented.
33. The Contractor shall submit a satisfactory Corrective Action Plan to the Department 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 seventy-five (75) reflects an
unacceptable level of performance, if the Contractor receives a score below seventy-five(75) may
result in contract termination.
34. 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.
DEPARTMENT RESPONSIBILITIES
35. The Department shall serve in an advisory capacity to the Contractor. The Department shall make
legal interpretations of Department 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.
36. The Department shall review completed inspection reports when and as deemed necessary.
37. The Department shall provide program and regulatory guidance for the Contractor. The Department
shall provide training in new technology and program management changes as necessary.
38. The Department 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 G).
39. The Department shall provide information to the Contractor about Department registered storage tank
system equipment and alternate procedures (waivers, variances, or registrations).
CAO
Restated Contract No. GC919, Attachment B, Page 6 of 7
16.C.5.b
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40. At least once annually, the Department 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
Department may conduct inspections, including accompanied inspections and follow-up inspections,
at any reasonable time. In addition, the Department may also conduct facility file reviews through
FIRST at any time. The Department Task Manager may perform additional program reviews, as
deemed necessary, to insure the required performance of the Contractor. The Department 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.
PAYMENTS
41. 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. The invoice shall be submitted electronically to the
Department Contract Manager at STR Invoices(@dep.state.fl.us and copied to the Department Task
Manager. Reimbursement requests for the purchase of non-expendable equipment costing $1,000
or more must include copies of invoices or receipts to document the charges.
REPORTS AND DELIVERABLES
42. Prior to the submittal of each month's invoice to the Department Contract Manager, the Contractor
shall complete and submit electronically the "Payment Calculation Sheet" (Guidance Document H)
for the month to the Department Task Manager no later than the 10th day of the month following the
month of services. The Department Task Manager shall review the monthly Payment Calculation
Sheet for accuracy and completeness and shall return the approved Payment Calculation Sheet to
the Contractor for submittal with the monthly invoice to the Department Contract Manager in
Tallahassee, Florida for processing. If the Contractor fails to perform as directed by the terms of this
Contract, the Department shall return the unpaid invoice to the Contractor documenting the areas in
which the Contractor has failed to meet its contractual obligations.
MANAGEMENT
45. The Department Contract Manager is Roger Ruiz, Phone(850)245-8854. The Contractor's Contract
Manager is Phil Snyderburn, Phone (239) 207-0920. Each Task Assignment will identify the
Department Task Manager and the Contractor's Task Manager.All matters relating to a specific Task
Assignment shall be directed to the Department Task Manager for appropriate action or disposition.
All matters relating to this Contract shall be directed to the Department Contract Manager.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
OCI°
Restated Contract No. GC919, Attachment B, Page 7 of 7
16.C.5.b
Packet Pg. 1620 Attachment: Contract No. GC919, ARC No. 1 - Executed ARC (8447 : FDEP Contract No. GC919 Amendment No. 2)
Attachment C
Florida Department of Environmental Protection Task
Assignment Notification Form for COLLIER COUNTY
Contract No. GC919 Task No. xx Amendment No. Date xxx
Performance Period: Effective the date of execution of this Task Assignment or July 1,2017,
whichever is later,and shall remain in effect until June 30,2018.
Description: (Additional Pages May Be Utilized)
The Contractor shall complete the following services in accordance wit ®e requi ent's un Contract o.'>
GC919 and the whianeejoeumittsguidance atteehed to this k,As4 _r
Conduct routine compliance inspections at the xx facilities storage tank systems within Collier
County, identified in Exhibit#1,by May31,2xxx.
Perform all re-inspections per Guidance Document A to confirm compliance within Collier
County.Comply with the Revised Invoice Procedure(Page 2)
Utilize the new Contractual Services Invoice Form for all monthly invoices(Guidance Document
E)
Compensation will only occur for routine annual compliance inspections conducted at the facilities
explicitly identified in the revised Payment Calculation Sheet(Guidance Document H)
The Contractor must perform all Enforcement Actions inaccordance with Guidance Document F
Level of Effort),as attached to this Task,Assignment.
Order of Inspection and Substitutions of Facilities on Exhibit#1:
Contractor is to conduct routine inspection in order provided in Exhibit#1. Substitutions of facilities are
authorized with sites listed on the substitution list on Exhibit#1.The Contractor wishing to substitute a
facility shall email department at STR Invoices@depstate.fl.us stating the facility and reason for the
substitution.The Department will notify via email authorizing the substitution.Copies of authorizations
shall be retained by the Contractor for the remainder of the Contract.
Performance Criteria:
1. Number of days to return to compliance for facilities receiving routine inspections
2. Percent of facilities returned to compliance for facilities receiving routine
inspections
FDEP will determine levels of performance based on routine inspections completed before May 1,2xxx.
This will allow for the sixty days return to compliance rate to be determined before July 1,2xxx.
Payment schedule: Compensation will occur on a monthly basis,per the attached fee schedule.Invoices are
due no later than the 15th day of the month proceeding work activity.The Contractor must submit a signed
Contractual Services Invoice'noting the quantity and location of inspections.
DEP Contract No.GC919,Attachment C,Page 1 of 5
16.C.5.b
Packet Pg. 1621 Attachment: Contract No. GC919, ARC No. 1 - Executed ARC (8447 : FDEP Contract No. GC919 Amendment No. 2)
Retainage reimbursement criteria for the amount retained per Paragraph 21 of
the Contract:
Half(50%)of the amount retained will be returned to Contractor having an average
return to compliance in less than 45 days for facilities receiving routine inspections.
Half(50%) of the amount retained will be returned to.Contractor having an average
return to compliance rate of 95%or higher for facilities receiving routine inspections.
Forty percent(40%)of the amount retained will be returned to Contractor having an
average return to compliance rate between 45 and 60 days for facilities receivingroutine
inspections.
Forty percent(40%)of the amount retained will be returned to Contractor having an
average return to compliance rate of between 90%and up to 95%for facilities receiving
routine inspections.
Thirty percent(30%)of the amount retained will be returned to Contractor having an
average return to compliance rate between 61 days and 75 days for facilities receiving
routine inspections.
Thirty percent(30%)of the amount retained will be returned to Contractor having an
average return to compliance rate of between 85%and up to 90%for facilities receiving
routine inspections.
Twenty percent(20%) of the amount retained will be returned to Contractor having an
average return to compliance rate between 76 days and 90 days for facilities receiving
routine inspections.
Twenty percent(20%)of the amount retained will be returned to Contractor having an
average return to compliance rate of between 80%and up to 85%for facilities receiving
routine inspections.
NO retainage will be returned to Contractor having either: more than ninety(90)days a
average time to return to compliance for facilities receiving routine inspections; or having
an average of less than 80%of facilities receiving routine inspections returned to
compliance.
Invoice Procedure
Review of Inspections:The Payment Calculation Sheet shall be submitted by the Contractor to the
appropriate DEP District Office.The District will review in Florida Inspection Reporting of Storage ranks
FIRST)each variable inspection listed on the Payment Calculation Sheet to ensure that the inspection is
correctly invoiced. The District will ensure that each routine compliance inspection on the Payment
Calculation Sheet is also listed on the task assignment facilities list.Upon completion of the review,the
District shall report via email to the Permitting and Compliance Assistance Program's Contract Manager
and the Contractor that the review of the inspections has been completed and of any known contractual
obligations that have not been met.
Invoice Submission: All invoices with verified and approved Payment Calculation Sheet by the
appropriate DEP District Office will be directly submitted by the Contractor to the Permitting and
Compliance Assistance Program's Contract Manager by the 15t of each month. Submission of invoice
shall be via email to: STR Invoices(aldep.state.fl.us.The email shall consist of a single PDF package.
The order of documents in the complete PDF package shall be as follows:
1) Contractual Services Invoice
2) Verified Payment Calculation Sheet(please make sure the month of services rendered appears
below the"Invoice Period")
3) FIRST Report(Compliance and Activity by Date Range)
4) Tracking Form(Monthly percentage of Routine Inspections Completed)
DEP Contract No.GC919,Attachment C,Page 2 of 5
16.C.5.b
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The Contractor acknowledges receipt of the following guidance documents:
Guidance Document A Storage Tank System Program Violation List
Guidance Document B Florida Inspection Reporting for Storage Tanks (FIRST) User
Requirements. Please visit DEP OCULUS website to download
this document; click the"PUBLIC OCULUS LOGIN":
https://depedms.dep.state.fl.us/Oculus/servlet/shell?command=qet
Entity&fguid=11.3384454.11&fprofile=DWM
Guidance Document Cl Instructions for Conducting Sampling During Aboveground Storage
Tank Closure
Guidance Document C2 Instructions for Conducting Sampling During Underground Storage
Tank Closure
Guidance Document D1 Compliance Verification Program Local Program Review Form
Guidance Document D2 Contractual Review Form
Guidance Document E Contractual Services Invoice
Guidance Document F Level of Effort Guidance
Guidance Document G Guidelines for Case Referrals
Guidance Document H Contractual Service Payment Calculation
Guidance Document I DEP Directive 923 Settlement Guidelines for Civil and
Administrative Penalties
DEP Contract No.GC919,Attachment C,Page 3 of 5
16.C.5.b
Packet Pg. 1623 Attachment: Contract No. GC919, ARC No. 1 - Executed ARC (8447 : FDEP Contract No. GC919 Amendment No. 2)
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9011ar4,420'' Florida Department of Environmental Protection
TASK ASSIGNMENT FORM
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Required Signatures: Adobe Signature
FDEP Contract No:Task Assignment No: Date: DEP Task Manager:
Project:
Contractor Name:
Contractor Representative: Phone: Email:
FDEP Contract Manager: Phone: Email:
Task Description:
Deliverables:
Performance Measures:
Financial Consequences:
DEP Contract No. GC919, Attachment C, Page 4 of 5
16.C.5.b
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S' °°'°'`+f
Florida Department of Environmental Protection
4
TASK ASSIGNMENT FORM
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Schedule:
Start Date: Completion Date:
Fixed Price Cost: Cost Reimbursement not to exceed:
Total Task Value:
Signatures and Date:
1.
Task Manager, FDEP Signature Date
2.
Contract Manager, FDEP Signature Date
3.
Budget Representative, FDEP Signature Date
4.
Contractor, Contract Manager Signature Date
5.
Contract Authority, FDEP Signature Date
Encumbrance Information:
de . PAe t Gk '' .x . categoy 8 ''Eul = 1 Special ,,.ObjeEOE, ,; IIurt
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DEP Contract No. GC919, Attachment C, Page 5 of 5
16.C.5.b
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geparr+,! Florida Department of Environmental Protection
4.
TASK ASSIGNMENT CHANGE ORDER FORM
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4.
Required Signatures: Adobe Signature
Task Assignment Number: Date: Change Order No.
Contractor Name:
Contractor Representative:
DEP Contract Manager:
Description of Change(Use additional sheets if necessary):
Change in Task Amount
Item Cost Reimbursement, Fee Schedule Total
Original Task Amount:
Task amount prior to this change order:
Net increase/decrease
in task amount:
Task amount with all change orders:
Change in Task Time
Original task completion date:
Completion date prior to this change:
Net increase/decrease in task period:
Completion date with all change orders:
of)DEP Contract No. GC919,Attachment D, Page 1 of 2
16.C.5.b
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O•Part
too 4,! Florida Department of Environmental Protection
TASK ASSIGNMENT CHANGE ORDER FORM
antal'pts
Change in Funding Information
Org. Code E 0 Object Code Budget Special Grant# "Year Amount
Entity; Category ,
CONTRACTOR FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
Contract Manager Date Contract Manager Date
APPROVED:
Budget Representative Date
Contractual Authority Date
cc: Procurement Section (MS93)
Bureau of Finance& Accounting (MS78) - 2 copies
DEP Contract No. GC919, Attachment D, Page 2 of 2
16.C.5.b
Packet Pg. 1627 Attachment: Contract No. GC919, ARC No. 1 - Executed ARC (8447 : FDEP Contract No. GC919 Amendment No. 2)
ATTACHMENT E
CONTRACTOR AFFIDAVIT/ RELEASE OF CLAIMS FORM
This affidavit must be completed and signed by the Contractor when requesting final payment for a Florida
Department of Environmental Protection (Department) authorized Task Assignment. The signature of the
Contractor shall be notarized as set forth below. Final payment for a Task Assignment will not be released
until this form is accepted by the Department.
The undersigned certifies as follows:
1. I, am the of
name of person appearing) title of person appearing)
with the authority to
name of Contractor)
make this statement on behalf;
2. the Contractor") entered into an
name of company or person)
Agreement with the Department to perform certain work under Task Assignment No.
3. Contractor has completed the work in accordance with the aforementioned Work
Assignment, including all attachments.Thereto.
4. All subcontractors have been paid in full.
5. Upon receipt by Contractor from Department of final payment under the aforementioned Work
Assignment, Contractor releases Department from any and all claims of Contractor and any of its
subcontractors and vendors that may arise under, or by virtue of, the Task Assignment, except those
claims that may be specifically exempt and set forth under the terms of this Contract. Exemptions
claimed must be attached to this affidavit and reference the Task Assignment number. Any exemptions
not attached are waived.
signature of authorized Contractor representative)
Notarization of Signature of Contractor(required)
State of County of
Sworn to and subscribed before me by this day of 20
Personally known
Produced Identification. Type of ID:
My Commission Expires:
Notary's Signature)
Notary Public, State of Commission Number(if applicable)
Approved Template 06/10/16)
0
DEP Contract No. GC919, Attachment E, Page 1 of 1
16.C.5.b
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ATTACHMENT F, PUBLIC RECORDS REQUIREMENTS
A. Public Records Access Requirements.
a. If the Contract exceeds$35,000.00,and if the Contractor is acting on behalf of the Department in its
performance of services under the Contract,the Contractor must allow public access to all documents,
papers, letters, or other material, regardless of the physical form, characteristics, or means of
transmission, made or received by the Contractor in conjunction with the Contract(Public Records),
unless the Public Records are exempt from section 24(a)of Article I of the Florida Constitution or
section 119.07(1), F.S.
b. The Department may unilaterally terminate the Contract if the Contractor refuses to allow public
access to Public Records as required by law.
B. Additional Public Records Duties of Section 119.0701, F.S., If Applicable.
If the Contractor is a "contractor" as defined in section 119.0701(1)(a), F.S.,the Contractor shall:
1) Keep and maintain Public Records required by the Department to perform the service.
2) Upon request, provide the Department with a copy of requested Public Records or allow the Public
Records to be inspected or copied within a reasonable time at a cost that does not exceed the cost
provided in Chapter 119, F.S., or as otherwise provided by law.
3) A Contractor who fails to provide the Public Records to the Department within a reasonable time
may be subject to penalties under section 119.10, F.S.
4) Ensure that Public Records that are exempt or confidential and exempt from Public Records
disclosure requirements are not disclosed except as authorized by law for the duration of the
Contract term and following completion of the Contract if the Contractor does not transfer the
Public Records to the Department.
5) Upon completion of the Contract, transfer, at no cost,to the Department all Public Records in
possession of the Contractor or keep and maintain Public Records required by the Department to
perform the service. If the Contractor transfers all Public Records to the Department upon
completion of the Contract, the Contractor shall destroy any duplicate Public Records that are
exempt or confidential and exempt from Public Records disclosure requirements. If the Contractor
keeps and maintains Public Records upon completion of the Contract,the Contractor shall meet all
applicable requirements for retaining Public Records.All Public Records stored electronically must
be provided to the Department, upon request from the Department's custodian of Public Records,
in a format specified by the Department as compatible with the information technology systems of
the Department.These formatting requirements are satisfied by using the data formats as
authorized in the Contract or Microsoft Word, Outlook,Adobe, or Excel, and any software formats
the Contractor is authorized to access.
6) IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, F.S., TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THE CONTRACT, CONTACT THE DEPARTMENT'S
CUSTODIAN OF PUBLIC RECORDS AT:
Telephone: 850) 245-2118
Email: public.services@dep.state.fl.us
Mailing Address: Department of Environmental Protection
ATTN: Office of Ombudsman and Public Services
Public Records Request
3900 Commonwealth Boulevard, MS 49
Tallahassee, Florida 32399
DEP Contract No. GC919, Attachment F, Page 1 of 1
16.C.5.b
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