Backup Documents 04/23/2019 Item #16C5 * ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 C 5
. '" 1 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
0)V THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office SRT 4/30/19
4. BCC Office Board of County \.)J\—N•
Commissioners V6,/ 41 \t�
5. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff Phil Snyderburn Contact Information 239-207-0920
Contact/Department
Agenda Date Item was April 23,2019 Agenda Item Number 16C5
Approved by the BCC
Type of Document Amendment No.2 to the Florida Number of Original 1
Attached Department of Environmental Protection Documents Attached
(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. _
PO number or account N/A
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature STAMP OK SRT
2. Does the document need to be sent to another agency for additional signatures? If yes, SRT
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be SRT
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's SRT
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the SRT
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's SRT
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip SRT
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on 04/23/2019 and all changes made during SRT N/A is not
the meeting have been incorporated in the attached document. The County ption for
Attorney's Office has reviewed the changes,if applicable. 'line.
9. Initials of attorney verifying that the attached document is the version approved by the is not
BCC,all changes directed by the BCC have been made,and the document is ready for the ption for
Chairman's signature.
�I�-NOtui id. dt_rc .;L. 18-Co S-O gor StAtAci-
Crystal K. Kinzel
411111)\''
lc�,T couRTCollier County 16 C 5
Clerk of the Circuit Court and Comptroller
4. 0 3315 Tamiami Trail East, Suite 102
Naples, Florida 34112-5324
2)4
May 1, 2019
Karen Milicic, Government Operations Consultant II
Florida Department of Environmental Protection
Division of Administrative Services — Bureau of General Services
Ms. Milicic,
Enclosed is an original Contract Amendment for #GC919 approved by the
Board of County Commissioners on April 23, 2019.
Please process and email a copy back to me at
Teresa.Cannon@collierclerk.com.
Any questions, please contact me at 239-252-8411.
Thank you,
ecuirfAi)/A__
eresa Cannon, BMR Senior Clerk
Phone-(239) 252-2646 Fax-(239) 252-2755
Website- www.CollierClerk.com Email- CollierClerk@collierclerk.com
16C5
DEP CONTRACT NO. GC919
AMENDMENT NO. 2
THE CONTRACT as entered into on the 26th of June, 2017 and previously AMENDED AND RESTATED
on the 18th day of June, 2018, between the FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION ("DEPARTMENT"), an agency of the State of Florida, and the COLLIER COUNTY BOARD OF
COUNTY COMMISSIONERS("CONTRACTOR"),is hereby amended.
RECITALS
WHEREAS, the Department entered into the Contract with the Contractor to perform compliance
inspections within the jurisdictional(geographical)boundaries of Collier County.
WHEREAS, language in the Contract and the subsequent Amended and Restated Contract references
terms to perform compliance inspections incorrectly stated as, "including facilities registered to the
Contractor".
WHEREAS, the Contract terms regarding issuing a Task Assignment Notification Form (TA), Task
Assignment Change Order Form (TACO), a MyFloridaMarketPlace (MFMP) Purchase Order (PO), and/or MFMP
Change Order(CO), which is referenced within the Contract and as previously amended are authorizations
issued by the Department to the Contractor for a work assignment and instructions regarding performance
of a compliance inspection, and may also be issued as it relates to other Department responsibilities such as
communications regarding training and regulatory guidance's, as more fully described within the Contract, as
previously amended,and attachments thereto.
WHEREAS,the parties hereby confirm their original intent,as a part of consideration for services rendered
by the Contractor, and the Department's responsibilities under the terms of this Contract and as previously
amended,the Department training and travel costs incidental thereto are not to exceed$12,000.
WHEREAS, the parties hereby confirm their understanding, the Department's various Guidance
documents referenced within the Contract are subject to change over the life of the Contract and may be
updated and/or amended from time-to-time pursuant to Federal statute, Florida statute, Florida
Administrative Code, and/or Department policy. The Contractor is responsible for knowing and applying the
current applicable Guidance standard established for the services provided during the work assignment time
period. The Contractor is responsible to provide quality services, technically accurate, and in coordination with
all reports and other services required in compliance with the Guidance documents current and applicable at the
time a work assignment is performed.
WHEREAS, the parties hereby confirm their understanding, it was their original intent regarding the
Department's responsibility in the initial Scope of Work, and within the Amended and Restated Contract,
Attachment A,Scope of Work,Storage Tank System Compliance Assistance, Task#33 and Attachment B,Scope of
Work,Storage Tank System Compliance Assistance and Enforcement Actions, Task#37,that it is the Department's
responsibility to reimburse Contractor on a cost-reimbursement basis as authorized and pre-approved by the
Department for incidental expenses particular to providing training in new technology and program management
changes as necessary to the"Environmental Specialist I level or higher",and for Contractor's inspectors as it relates
to such training and program management changes, which includes authorized travel cost incidental thereto as
pre-approved by the Department, in accordance with Section 112.061, Florida Statute, Chapter 691-42,
Florida Administrative Code (F.A.C.), and/or the Reference Guide for State Expenditures compiled by
the Department of Financial Services regarding allowable travel and incidental expenses.
NOW THEREFORE, in consideration of the foregoing Recitals, the Contract, as previously amended, and
other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged,the parties
mutually agree as follows;
Recitals. The Recitals set forth hereinabove are true and correct and are incorporated herein by reference.
Wog('
DEP.AMEND.2 CONTRACT GC919 1.2019
16C5
1. All references within the Contract regarding use of and issuance of a Task Assignment Notification
Form (TA), Task Assignment Change Order Form (TACO), a MyFloridaMarketPlace (MFMP)
Purchase Order(PO),and/or MFMP Change Order(CO),and specifically within Section 2.A.WORK,are
authorizations issued by the Department to the Contractor for a work assignment and instructions
regarding performance of a compliance inspection,and may also be issued as it relates to other Department
responsibilities such as communications regarding training and regulatory guidance's,as more fully
described within the Contract,as previously amended,and attachments thereto.
2. Section 5.A.COMPENSATION.is hereby modified to confirm the parties'original intent,as a part
of consideration for services rendered by the Contractor,and the Department's responsibilities under the
terms of this Contract that the Department training and travel costs incidental thereto shall not exceed
$12,000 and stated as follows:
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,which includes the cost reimbursement not to
exceed $12,000 for Department training and travel costs incidental thereto. 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 approved by the
Department and specified in the Scope Guidance Document H, Contractual Service Payment
Calculation, attached hereto and made apart hereof. It is understood that fee schedule
amounts include all costs necessary to perform the monthly operation and maintenance
services as well as repair and emergency service calls including, but not limited to,labor,fringe
benefits, overhead, supplies, and travel to and from inspection sites, 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.
3. Section 8. TRAVEL. is hereby modified to clarify the parties' original intent: "Travel costs are
included in the fee schedule amounts of this Contract when Contractor's travel cost are associated with
travel to and from an inspection site and not as it relates to travel to and from a Department established
venue for meetings, training and/or program regulatory guidance sessions held for the Contractor". As
such, under the terms of this Contract, all pending and future approved travel and/or training expenses
incurred by the Contractor for a meeting, training and/or for a program regulatory guidance session
established by the Department shall be reimbursed to the Contractor on a cost-reimbursement basis in
amounts pursuant to Section 112.061,Florida Statute,Chapter 691-42, Florida Administrative Code
(F.A.C.),and/or the Reference Guide for State Expenditures compiled by the Department of Financial
Services regarding allowable travel and Incidental expenses.
4. Section 41.MYFLORIDAMARKETPLACE TRANSACTION FEE.is hereby deleted in its entirety and
replaced with the following:
MYFLORIDAMARKETPLACE TRANSACTION FEE.The State of Florida,through their Department of
Management Services, has instituted MyFloridaMarketPlace ("MFMP"), a statewide electronic
procurement system. Pursuant to subsection 60A-1.031(3), Florida Administrative Code, the
Contract,as previously amended shall be exempt from the MFMP transaction fee.
5. ATTACHMENT A, Scope of Work, STORAGE TANK SYSTEM COMPLIANCE ASSISTANCE of the
Amended and Restated Contract is deleted in its entirety and replaced with the ATTACHMENT A
SCOPE OF WORK, STORAGE TANK SYSTEM COMPLIANCE ASSISTANCE, LEVEL 1 CONTRACTORS
2IPage
DEP.AMEND.2 CONTRACT GC919 1.2019
€1)
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updated with the execution of Task Assignment GC919-2,Change Order No.1 and additionally
amended as follows:
Attachment A,Scope of Work,Storage Tank System Compliance Assistance,Level 1 Contractors,
Section#28 as stated in the Task Assignment GC919-2,Change Order No.1 is hereby revised to
add the following:
The parties hereby confirm their understanding, all references within the Contract
regarding use of and issuance of the Department's various Guidance documents carry with
it the original understanding and intent of the parties that the Guidance documents are subject
to change over the life of this Contract, and may be updated and/or amended from time-to-
time pursuant to Federal statute, Florida statute, Florida Administrative Code, and/or
Department policy. The Contractor is responsible for knowing and applying the current
applicable Guidance standards as established at the time the work is conducted. The
Contractor is responsible to provide quality services,technically accurate, and in coordination
with all reports and other services required in compliance with the Guidance documents current
and applicable at the time a work assignment is performed.
ATTACHMENT A, SCOPE OF WORK, STORAGE TANK SYSTEM COMPLIANCE ASSISTANCE,
Level 1 Contractors, DEPARTMENT RESPONSIBILITIES, Section #34 as stated in the Task
Assignment GC919-2,Change Order No. 1 is hereby revised to clarify the parties'original intent
to add the following:
The Department is responsible to reimburse Contractor on a cost-reimbursement basis
for travel and incidental expenses particular to providing training in new technology and
program management changes as necessary to the "Environmental Specialist I level or
higher", and for Contractor's inspectors as it relates to such training and program
management changes, which includes authorized travel cost incidental thereto as pre-
approved by the Department. Cost reimbursement for travel will be reimbursed in accordance
with Section 112.061, Florida Statute, Chapter 691-42, Florida Administrative Code (F.A.C.),
and/or the Reference Guide for State Expenditures compiled by the Department of
Financial Services regarding allowable travel and incidental expenses.
6. AMENDED AND RESTATED CONTRACT, ATTACHMENT B, SCOPE OF WORK, STORAGE TANK
SYSTEM COMPLIANCE ASSISTANCE AND ENFORCEMENT ACTIONS, is hereby revised to clarify the
parties'original intent to the following Sections and incorporated herein:
GUIDANCE DOCUMENTS: All references within the Contract regarding use of and
issuance of the Department's various Guidance documents carry with it the original
understanding and intent of the parties that the Guidance documents are subject to change over
the life of this Contract, and may be updated and/or amended from time-to-time pursuant to
Federal statute, Florida statute, Florida Administrative Code, and/or Department policy. The
Contractor is responsible for knowing and applying the current applicable Guidance standards
established at the time the work is conducted. The Contractor is responsible to provide quality
services,technically accurate,and in coordination with all reports and other services required
in compliance with the Guidance documents current and applicable at the time a work
assignment is performed.
37. The Department is responsible to reimburse Contractor on a cost-reimbursement
basis for travel and incidental expenses particular to providing training in new technology and
program management changes as necessary to the "Environmental Specialist I level or higher",
and for Contractor's inspectors as It relates to such training and program management
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DEP.AMEND.2 CONTRACT GC919 1.2019
16 C5
changes, which includes authorized travel cost incidental thereto as pre-approved by the
Department. Cost reimbursement for travel will be reimbursed in accordance with Section
112.061, Florida Statute, Chapter 691-42, Florida Administrative Code (F.A.C.), and/or the
Reference Guide for State Expenditures compiled by the Department of Financial Services
regarding allowable travel and incidental expenses.
7. All references within the Contract and subsequent Amended and Restated Contract regarding
use of the terms "including facilities registered to the Contractor" as it relates to performance of compliance
inspections is hereby deleted.
In all other respects, the Contract, as previously amended, and Attachments relative thereto, shall remain in full
force and effect and are hereby ratified,approved and confirmed by the DEPARTMENT and the CONTRACTOR,as of
the date of this Amendment.
In the event of a conflict between this Amendment and the Contract,incorporating by reference any and all previous
Amendments(as applicable),this Amendment shall control.
It is understood and agreed by the DEPARTMENT and the CONTRACTOR that this Amendment is binding upon the
DEPARTMENT and CONTRACTOR and their successors and assigns.
This Amendment may be executed in counterparts,each of which shall be deemed to be an original,but all of which
taken together shall constitute one and the same Amendment.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
41Page
DEP.AMEND,2 CONTRACT GC919 1.2019
CA
16C5
WHEREFORE,the parties have caused this Amendment to be duly executed the day and year last written below.
"CONTRACTOR" * "DEPARTMENT"
COLLIE COU T :0!D OF COUN FLORIDA DEPARTMENT OF ENVIRONMENTAL
CO IS •• PROTECTION
Ic ..
Title:
'lliam L. McDaniel,Jr. By:
Chairman Secretary or Designee
Date: 1-k\23\1C‘ Date:
•
FEID Number 59-6000558
DEP,Contract Manager
ATTEST
CRY ALK.K1NZE , LERgK� �y
Print Name
I4tteat as f ',., .,• 'r
n,rlure e ;jy,
App • d as to O and legality Approved as to form and legality:
—t_ �'
,111111111[_.,
c� R. cach,Deputy CountyAttorney 444 At-aiug��c/h, v'
p ty tyAY DEP Attorney 2.21.2019
*For Contracts with governmental boards/commissions: If someone other than the Chairman signs this
Amendment, a resolution, statement, or other document authorizing that person to sign on behalf of the
Contractor must accompany this Contract.
ATTACHMENTS
Attachment A Scope of Work, Storage Tank System Compliance Assistance, Level 1
Contractors,Task Assignment GC919-2, Change Order No. 1.(with additional
updated language for Sections N 28 and U 34 as stated above)
SIPaite
DEP.AMEN0.2 CONTRACT GC919 1.2019
16C5
ATTACHMENT A
SCOPE OF WORK
STORAGE TANK SYSTEM COMPLIANCE ASSISTANCE
Level 1 Contractors
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, Florida Statutes (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, Florida Administrative Code (F.A.C.). In addition, the Contractor shall
perform closure inspections, installation inspections, discharge inspections, pre-approved re-
inspections, pre-approved component inspections, and pre-approved complaint inspections as
applicable, in accordance with each Task Assignment, All inspections shall be performed by an
individual(s) with professional qualifications equivalent to an Environmental Specialist II 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, F.S. 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 tank closure inspections at regulated storage tank systems and past closure
activities that have been discovered as having taken place without notification to ensure that
the system is properly closed in accordance with Chapters 62-761 and 62-762, F.A.C., as
applicable.
C. Perform all tank installation inspections at new Installations of regulated tank systems and past
installations that have been discovered as having taken place without notification to ensure that
the system 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,if the Contractor and the Department Task
Manager agree,prior to the inspection,that it is warranted. Re-inspections are to be billed as a
Compliance Assistance—Re-inspection.
F. Component inspections may only be performed, for payment, if the Contractor and the
Department Task Manager agree, prior to the inspection, that it is warranted. Component
inspections are to be billed as a Compliance Assistance-Component
DEP Contract No.GC918,Page 1 of 7
at{)
16C5
G. 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 Florida Inspection
Reporting for Storage Tanks (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 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, Compliance Assistance Letter Activity, Issue Document Activity, and/or
Electronic Communication Activity.
F. Responding to requests for public assistance both in the office and during inspections.
G. Verify all registration information is accurate.
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. 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.
DEP Contract No.GC918,Page 2 of 7
16C5
D. 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.
E. 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.
F. 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
DEP Contract No.GC918,Page 3 of 7
16C5
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, F.A.C., and be knowledgeable of the differences
between the state and federal environmental statutes and rules applicable to underground storage
tanks.
14. The Contractor shall require that qualified individuals perform field inspections and that they receive
training on Chapters 62-761 and 62-762, F.A.C.,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 reports, forms, and documents filed by facility owners, operators, or
authorized representatives, including documents for tank install, tank closure, Incident, discharge,
return to compliance, Underground Storage System Installation and Removal Form for Certified
Contractors, Limited Closure Report Form, and Closure Integrity Evaluation Report Form to ensure
that the facility is in compliance with Chapter 376, F.S., and Chapters 62-761 and 62-762, F.A.C.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 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(SAR)request letter to the facility owner
and operator,if appropriate.The SAR request letter may be incorporated with Closure Report Review
Letter. 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 17., above. 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.
DEP Contract No.GC918,Page 4 of 7
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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 or OCULUS,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
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)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, Guidance Documents.The Contractor agrees that the services required under this Contract shall
be performed in accordance with the guidance documents listed below and in accordance with the
provisions of this Contract. The Guidance Documents are available online.To access the
Guidance Documents please follow the link: https://floridadep.gov/waste/permitting-comoliance-
assistance/content/compliance-contracts.
DEP Contract No.GC918,Page b of 7
16 C5
The Contractor hereby acknowledges receipt of the following guidance documents:
A. Guidance Document A Storage Tank System Program Violation List,
B. Guidance Document B Florida Inspection Reporting for Storage Tanks (FIRST) User
Requirements. Please visit the following website to download:
https://depedms.dep.state.fl.us:443/Oculus/servlet/shell?comma
nd=getEntity&[quid=11.3384454.11&[profile=DWM Historical
Repository!
C. Guidance Document Cl Instructions for Conducting Sampling During Aboveground
Storage Tank Closure
Guidance Document C2 Instructions for Conducting Sampling During Underground
Storage Tank Closure
D. Guidance Document D1Compliance Verification Program Local Program Review Form
Guidance Document D2 Contractual Review Form
E. Guidance Document E Contractual Services Invoice
F. Guidance Document F Level of Effort Guidance
G. Guidance Document G Guidelines for Case Referrals
H. Guidance Document H Contractual Service Payment Calculation
I. Guidance Document I DEP Directive 923 Settlement Guidelines for Civil and
Administrative Penalties
29. 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.
30. 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,
31. 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
32. 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.
33. The Department shall review completed inspection reports when and as deemed necessary.
34. 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.
35. 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).
36. The Department shall provide information to the Contractor about Department registered storage tank
system equipment and alternate procedures(waivers,variances,or registrations).
DEP Contract No.GC918,Page 6 of 7
CAO
16C5
37. At least once annually, the Department shall perform a Program Review using the "Compliance
Verification Program Local Program Review Form" (Guidance Document D1), 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
38. 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 Invoicesa4dep.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
39. 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
40. 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
DEP Contract No.GC918,Page 7 of 7
Teresa L. Cannon 6
From: SnyderburnPhil <Phil.Snyderburn@colliercountyfl.gov>
Sent: Monday, May 13, 2019 12:13 PM
To: Teresa L. Cannon
Cc: BurnettAlister; BatesThomas; JensenNicole; HayesJessica
Subject: FW: Contract No. GC919, Amendment No. 2 - Executed Amendment
Attachments: GC919_A2 - 05.09.2019 - Final.pdf; GC919_A2 Scope of Work - final 2.27.2019.pdf
Good Afternoon Teresa,
Attached is the executed amendment. Thank you for your assistance.
Regards, C
t9Ze# e_
a 4 ti
Philip Snyderburn, CPM
Principal Environmental Specialist
Hazardous Materials
Colt•
er County
Solid and Hazardous Waste Management Division
Deliver best value,high quality,sustainable solid
waste management services that meet our customers'expectations.
NOTE:Email Address Has Changed
3339 Tamiami Trail East,Suite 302 Naples, Florida 34112
Mobile:239-207-0920 Desk Phone:239.252.5081 Fax:239-252-6580
Please consider the environment before printing this e-mail and have a wonderful day!
Collier County Tanks Program Infomercial
NFPA
MEMBER
2018-2019
From: Milicic, Karen <Karen.Milicic@dep.state.fl.us>
Sent: Monday, May 13, 2019 11:28 AM
To: SnyderburnPhil <Phil.Snyderburn@colliercountyfl.gov>
Cc: Harrell, Christina R<Christina.R.Harrell@FloridaDEP.gov>; Ruiz, Roger<Roger.Ruiz@FloridaDEP.gov>; Herrald,
Fletcher<Fletcher.Herrald@dep.state.fl.us>
Subject: Contract No. GC919, Amendment No. 2-Executed Amendment
Good morning,
Attached is a copy of the executed Amendment for your files.
If you have any questions, please do not hesitate to contact me.
1
DEP CONTRACT NO. GC919 16 C 5
AMENDMENT NO. 2
THE CONTRACT as entered into on the 26th of June, 2017 and previously AMENDED AND RESTATED
on the 18th day of June, 2018, between the FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION ("DEPARTMENT"), an agency of the State of Florida, and the COLLIER COUNTY BOARD OF
COUNTY COMMISSIONERS("CONTRACTOR"),is hereby amended.
RECITALS
WHEREAS, the Department entered into the Contract with the Contractor to perform compliance
inspections within the jurisdictional(geographical)boundaries of Collier County.
WHEREAS, language in the Contract and the subsequent Amended and Restated Contract references
terms to perform compliance inspections incorrectly stated as, "including facilities registered to the
Contractor".
WHEREAS, the Contract terms regarding issuing a Task Assignment Notification Form (TA), Task
Assignment Change Order Form (TACO), a MyFloridaMarketPlace (MFMP) Purchase Order (PO), and/or MFMP
Change Order(CO), which is referenced within the Contract and as previously amended are authorizations
issued by the Department to the Contractor for a work assignment and instructions regarding performance
of a compliance inspection, and may also be issued as it relates to other Department responsibilities such as
communications regarding training and regulatory guidance's, as more fully described within the Contract, as
previously amended,and attachments thereto.
WHEREAS,the parties hereby confirm their original intent, as a part of consideration for services rendered
by the Contractor, and the Department's responsibilities under the terms of this Contract and as previously
amended,the Department training and travel costs incidental thereto are not to exceed$12,000.
WHEREAS, the parties hereby confirm their understanding, the Department's various Guidance
documents referenced within the Contract are subject to change over the life of the Contract and may be
updated and/or amended from time-to-time pursuant to Federal statute, Florida statute, Florida
Administrative Code, and/or Department policy. The Contractor is responsible for knowing and applying the
current applicable Guidance standard established for the services provided during the work assignment time
period. The Contractor is responsible to provide quality services, technically accurate, and in coordination with
all reports and other services required in compliance with the Guidance documents current and applicable at the
time a work assignment is performed.
WHEREAS, the parties hereby confirm their understanding, it was their original intent regarding the
Department's responsibility in the initial Scope of Work, and within the Amended and Restated Contract,
Attachment A,Scope of Work,Storage Tank System Compliance Assistance, Task#33 and Attachment B, Scope of
Work,Storage Tank System Compliance Assistance and Enforcement Actions, Task#37,that it is the Department's
responsibility to reimburse Contractor on a cost-reimbursement basis as authorized and pre-approved by the
Department for incidental expenses particular to providing training in new technology and program management
changes as necessary to the"Environmental Specialist I level or higher",and for Contractor's inspectors as it relates
to such training and program management changes, which includes authorized travel cost incidental thereto as
pre-approved by the Department, in accordance with Section 112.061, Florida Statute, Chapter 691-42,
Florida Administrative Code (F.A.C.), and/or the Reference Guide for State Expenditures compiled by
the Department of Financial Services regarding allowable travel and incidental expenses.
NOW THEREFORE, in consideration of the foregoing Recitals, the Contract, as previously amended, and
other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged,the parties
mutually agree as follows:
Recitals. The Recitals set forth hereinabove are true and correct and are incorporated herein by reference.
1! Page
DEP.AMEND.2 CONTRACT GC919 1.2019
16C5
1. All references within the Contract regarding use of and issuance of a Task Assignment Notification
Form (TA), Task Assignment Change Order Form (TACO), a MyFloridaMarketPlace (MFMP)
Purchase Order(PO),and/or MFMP Change Order(CO),and specifically within Section 2.A.WORK,are
authorizations issued by the Department to the Contractor for a work assignment and instructions
regarding performance of a compliance inspection,and may also be issued as it relates to other Department
responsibilities such as communications regarding training and regulatory guidance's,as more fully
described within the Contract,as previously amended,and attachments thereto.
2. Section 5.A.COMPENSATION. is hereby modified to confirm the parties'original intent,as a part
of consideration for services rendered by the Contractor, and the Department's responsibilities under the
terms of this Contract that the Department training and travel costs incidental thereto shall not exceed
$12,000 and stated as follows:
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,which includes the cost reimbursement not to
exceed $12,000 for Department training and travel costs incidental thereto. 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 approved by the
Department and specified in the Scope Guidance Document H, Contractual Service Payment
Calculation, attached hereto and made apart hereof. It is understood that fee schedule
amounts include all costs necessary to perform the monthly operation and maintenance
services as well as repair and emergency service calls including, but not limited to, labor,fringe
benefits, overhead, supplies, and travel to and from inspection sites, 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.
3. Section 8. TRAVEL. is hereby modified to clarify the parties' original intent: "Travel costs are
included in the fee schedule amounts of this Contract when Contractor's travel cost are associated with
travel to and from an inspection site and not as it relates to travel to and from a Department established
venue for meetings, training and/or program regulatory guidance sessions held for the Contractor". As
such, under the terms of this Contract, all pending and future approved travel and/or training expenses
incurred by the Contractor for a meeting, training and/or for a program regulatory guidance session
established by the Department shall be reimbursed to the Contractor on a cost-reimbursement basis in
amounts pursuant to Section 112.061, Florida Statute, Chapter 691-42, Florida Administrative Code
(F.A.C.),and/or the Reference Guide for State Expenditures compiled by the Department of Financial
Services regarding allowable travel and incidental expenses.
4. Section 41. MYFLORIDAMARKETPLACE TRANSACTION FEE. is hereby deleted in its entirety and
replaced with the following:
MYFLORIDAMARKETPLACE TRANSACTION FEE.The State of Florida,through their Department of
Management Services, has instituted MyFloridaMarketPlace ("MFMP"), a statewide electronic
procurement system. Pursuant to subsection 60A-1.031(3), Florida Administrative Code, the
Contract,as previously amended shall be exempt from the MFMP transaction fee.
5. ATTACHMENT A, Scope of Work, STORAGE TANK SYSTEM COMPLIANCE ASSISTANCE of the
Amended and Restated Contract is deleted in its entirety and replaced with the ATTACHMENT A
SCOPE OF WORK, STORAGE TANK SYSTEM COMPLIANCE ASSISTANCE, LEVEL 1 CONTRACTORS
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DEP.AMEND.2 CONTRACT GC919 1.2019
16C5
updated with the execution of Task Assignment GC919-2,Change Order No. 1 and additionally
amended as follows:
Attachment A,Scope of Work,Storage Tank System Compliance Assistance,Level 1 Contractors,
Section#28 as stated in the Task Assignment GC919-2,Change Order No.1 is hereby revised to
add the following:
The parties hereby confirm their understanding, all references within the Contract
regarding use of and issuance of the Department's various Guidance documents carry with
it the original understanding and intent of the parties that the Guidance documents are subject
to change over the life of this Contract, and may be updated and/or amended from time-to-
time pursuant to Federal statute, Florida statute, Florida Administrative Code, and/or
Department policy. The Contractor is responsible for knowing and applying the current
applicable Guidance standards as established at the time the work is conducted. The
Contractor is responsible to provide quality services,technically accurate, and in coordination
with all reports and other services required in compliance with the Guidance documents current
and applicable at the time a work assignment is performed.
ATTACHMENT A, SCOPE OF WORK, STORAGE TANK SYSTEM COMPLIANCE ASSISTANCE,
Level 1 Contractors, DEPARTMENT RESPONSIBILITIES, Section #34 as stated in the Task
Assignment GC919-2,Change Order No. 1 is hereby revised to clarify the parties' original intent
to add the following:
The Department is responsible to reimburse Contractor on a cost-reimbursement basis
for travel and incidental expenses particular to providing training in new technology and
program management changes as necessary to the "Environmental Specialist I level or
higher", and for Contractor's inspectors as it relates to such training and program
management changes, which includes authorized travel cost incidental thereto as pre-
approved by the Department. Cost reimbursement for travel will be reimbursed in accordance
with Section 112.061, Florida Statute, Chapter 691-42, Florida Administrative Code (F.A.C.),
and/or the Reference Guide for State Expenditures compiled by the Department of
Financial Services regarding allowable travel and incidental expenses.
6. AMENDED AND RESTATED CONTRACT, ATTACHMENT B, SCOPE OF WORK, STORAGE TANK
SYSTEM COMPLIANCE ASSISTANCE AND ENFORCEMENT ACTIONS, is hereby revised to clarify the
parties'original intent to the following Sections and incorporated herein:
GUIDANCE DOCUMENTS: All references within the Contract regarding use of and
issuance of the Department's various Guidance documents carry with it the original
understanding and intent of the parties that the Guidance documents are subject to change over
the life of this Contract, and may be updated and/or amended from time-to-time pursuant to
Federal statute, Florida statute, Florida Administrative Code, and/or Department policy. The
Contractor is responsible for knowing and applying the current applicable Guidance standards
established at the time the work is conducted. The Contractor is responsible to provide quality
services,technically accurate,and in coordination with all reports and other services required
in compliance with the Guidance documents current and applicable at the time a work
assignment is performed.
37. ... The Department is responsible to reimburse Contractor on a cost-reimbursement
basis for travel and incidental expenses particular to providing training in new technology and
program management changes as necessary to the "Environmental Specialist I level or higher",
and for Contractor's inspectors as it relates to such training and program management
Wage
DEP.AMEND.2 CONTRACT GC919 1.2019
16C5
changes, which includes authorized travel cost incidental thereto as pre-approved by the
Department. Cost reimbursement for travel will be reimbursed in accordance with Section
112.061, Florida Statute, Chapter 691-42, Florida Administrative Code (F.A.C.), and/or the
Reference Guide for State Expenditures compiled by the Department of Financial Services
regarding allowable travel and incidental expenses.
7. All references within the Contract and subsequent Amended and Restated Contract regarding
use of the terms "including facilities registered to the Contractor" as it relates to performance of compliance
inspections is hereby deleted.
In all other respects, the Contract, as previously amended, and Attachments relative thereto, shall remain in full
force and effect and are hereby ratified,approved and confirmed by the DEPARTMENT and the CONTRACTOR, as of
the date of this Amendment.
In the event of a conflict between this Amendment and the Contract,incorporating by reference any and all previous
Amendments(as applicable),this Amendment shall control.
It is understood and agreed by the DEPARTMENT and the CONTRACTOR that this Amendment is binding upon the
DEPARTMENT and CONTRACTOR and their successors and assigns.
This Amendment may be executed in counterparts,each of which shall be deemed to be an original,but all of which
taken together shall constitute one and the same Amendment.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
Wage
DEP.AMEND.2 CONTRACT GC919 1.2019
1 6 C 5
WHEREFORE,the parties have caused this Amendment to be duly executed the day and year last written below.
"CONTRACTOR"* . "DEPARTMENT" • !
COLLI COU T t 0..•'D OF COUNTFLORIDA DEPARTMENT OF ENVIRONMENTAL
CO I
/ PROTECTION :•
c. 41111 .."
• —'
Title:
/Iliam L.McDaniel,Jr. By ,Oa / _. I
Chairman Secretary or Designee
Date: 41/4\2;3VO\ Date: 511!PT 1
•
FE ID Number 59-6000558
Digitally signed by Roger
Roger Ruiz DRL'altze:2019.05.02
•
s, „s ,011..J.1.i ;. 1015:53-0400' •
•.. 0."'11..WVAilf 4'.I• :' •
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DEP,Contract Manager •
....,::`,t•y‘40.ei!.1.%:. .;.-67,•••:N - • •
iritt:74,:a..1.. '• ,.',,, ,,,v}if..,,,;.?, .-. ,
Roger Ruiz •
• -;•- •••• „ .1:: -<! v.3'4• ,1::..,'';-.: • ,
' ' • ' ••14 .., f.•4 ' .
Print Name •
•
- Hi.“111.11...;aij,:- •• .
•' ••,--.1f0 liz,:iit4.:;4,',,• -•.-• •• . '
• •'' '. isivoirvegly .
A,p • ,-, to o ! and legality
Approved as to form and legality:
. . .
i- I • •, , .__ .
” (244.4;p_e..4rakA..1.4.c't
Sc?R. each,Deputy CountyAttomey DEP Attorney 2.21,2019
• . •
*For Contracts with governmental boards/commissions: If someone other than the Chairman signs this
Amendment, a resolution, statement, or other document authorizing that person to sign on behalf of the
Contractor must accompany this Contract.
, .
ATTACHMENTS
Attachment A Scope of Work, Storage Tank System Compliance Assistance, Level 1
Contractors,Task Assignment GG919-2,Change Order No.1.(with additional
updated language for Sections t 28 and 0 34 as stated above)
Wane
DEP.AMEND.2 CONTRACT GC919 1,2019 gi/4
16C5
ATTACHMENT A
SCOPE OF WORK
STORAGE TANK SYSTEM COMPLIANCE ASSISTANCE
Level 1 Contractors
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, Florida Statutes (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, Florida Administrative Code (F.A.C.). In addition, the Contractor shall
perform closure inspections, installation inspections, discharge inspections, pre-approved re-
inspections, pre-approved component inspections, and pre-approved complaint inspections as
applicable, in accordance with each Task Assignment. All inspections shall be performed by an
individual(s) with professional qualifications equivalent to an Environmental Specialist II 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, F.S. 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 tank closure inspections at regulated storage tank systems and past closure
activities that have been discovered as having taken place without notification to ensure that
the system is properly closed in accordance with Chapters 62-761 and 62-762. F.A.C., as
applicable.
C. Perform all tank installation inspections at new installations of regulated tank systems and past
installations that have been discovered as having taken place without notification to ensure that
the system 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,if the Contractor and the Department Task
Manager agree, prior to the inspection, that it is warranted. Re-inspections are to be billed as a
Compliance Assistance—Re-inspection.
F. Component inspections may only be performed, for payment, if the Contractor and the
Department Task Manager agree, prior to the inspection, that it is warranted. Component
inspections are to be billed as a Compliance Assistance- Component
DEP Contract No.GC919, Page 1 of 7
16C5
G. 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 Florida Inspection
Reporting for Storage Tanks (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 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, Compliance Assistance Letter Activity, Issue Document Activity, and/or
Electronic Communication Activity.
F. Responding to requests for public assistance both in the office and during inspections.
G. Verify all registration information is accurate.
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. 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.
DEP Contract No.GC919, Page 2 of 7
1 6C5
D. 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.
E. 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.
F. 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
DEP Contract No.GC919, Page 3 of 7
16C5
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, F.A.C., and be knowledgeable of the differences
between the state and federal environmental statutes and rules applicable to underground storage
tanks.
14. The Contractor shall require that qualified individuals perform field inspections and that they receive
training on Chapters 62-761 and 62-762, F.A.C., 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 reports, forms, and documents filed by facility owners, operators, or
authorized representatives, including documents for tank install, tank closure, incident, discharge,
return to compliance, Underground Storage System Installation and Removal Form for Certified
Contractors, Limited Closure Report Form, and Closure Integrity Evaluation Report Form to ensure
that the facility is in compliance with Chapter 376, F.S., and Chapters 62-761 and 62-762, F.A.C. 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 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(SAR)request letter to the facility owner
and operator, if appropriate. The SAR request letter may be incorporated with Closure Report Review
Letter. 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 17., above. 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.
DEP Contract No.GC919, Page 4 of 7
16C5
•
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 or OCULUS, 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
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) 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. Guidance Documents. The Contractor agrees that the services required under this Contract shall
be performed in accordance with the guidance documents listed below and in accordance with the
provisions of this Contract. The Guidance Documents are available online. To access the
Guidance Documents please follow the link: https://floridadep.gov/waste/permitting-compliance-
assistance/content/compliance-contracts.
DEP Contract No.GC919, Page 5 of 7
16C5
The Contractor hereby acknowledges receipt of the following guidance documents:
A. Guidance Document A Storage Tank System Program Violation List.
B. Guidance Document B Florida Inspection Reporting for Storage Tanks (FIRST) User
Requirements. Please visit the following website to download:
https://depedms.dep.state.fl.us:443/Oculus/servlet/shell?comma
nd=getEntity&[quid=11.3384454.11&[profile=DWM Historical
Repository'.
C. Guidance Document Cl Instructions for Conducting Sampling During Aboveground
Storage Tank Closure
Guidance Document C2 Instructions for Conducting Sampling During Underground
Storage Tank Closure
D. Guidance Document D1 Compliance Verification Program Local Program Review Form
Guidance Document D2 Contractual Review Form
E. Guidance Document E Contractual Services Invoice
F. Guidance Document F Level of Effort Guidance
G. Guidance Document G Guidelines for Case Referrals
H. Guidance Document H Contractual Service Payment Calculation
I. Guidance Document I DEP Directive 923 Settlement Guidelines for Civil and
Administrative Penalties
29. 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.
30. 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.
31. The Contractor is responsible for the professional quality, technical accuracy, and coordination ofall
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
32. 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.
33. The Department shall review completed inspection reports when and as deemed necessary.
34. 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.
35. 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).
36. The Department shall provide information to the Contractor about Department registered storage tank
system equipment and alternate procedures (waivers, variances, or registrations).
DEP Contract No. GC919, Page 6 of 7
16C5
37. At least once annually, the Department shall perform a Program Review using the "Compliance
Verification Program Local Program Review Form" (Guidance Document D1), 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
38. 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 a(�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
39. 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
40. 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
DEP Contract No.GC919, Page 7 of 7
°•p°rt.h•,' Florida Department of Environmental Protection 16 C 5
TASK ASSIGNMENT CHANGE ORDER FORM
41•ntal 9‘e
Required Signatures: Adobe Signature
Task Assignment Number: GC919-2 Date: 07/19/2018 Change Order No. 1
Contractor Name: COLLIER COUNTY
Contractor Representative: Phil Snyderburn
DEP Contract Manager: Roger Ruiz
Description of Change(Use additional sheets if necessary):
Updated Attachment A - Scope of Work
Change in Task Amount
Item Cost Reimbursement Fee Schedule Total
Original Task Amount: 104,670.00
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: 06/30/19
Completion date prior to this change: 06/30/19
Net increase/decrease in task period:
Completion date with all change orders: 06/30/19
000-012(Effective 09-14-2015) Page 1 of 2
�a. °'""t•,� Florida Department of Environmental Protection 1 6 C 5
TASK ASSIGNMENT CHANGE ORDER FORM
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4,0
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4•n t.l Ore
Chance in Funding Information
Org. Code E.O. Object Code Budget Special Grant# Year Amount
Entity Category
37450104000 JD 132500 37450300 100029 00 S 104.670.00
CONTRACTOR FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
Phil Snyderburn Fletcher Herrald Digitally signed by Fletcher Herrald
Date:2018.08.0115:33'11-04'00'
Contract Manager Date Contract Manager Date
APPROVED:
Digitally signed by Jennifer
Jennifer Vickers Vickers
Date:2018.08.02 1216:44
Budget Representative Date
Bahr Digitally signed by Tim 1.Bahr
Tim J. Bahr DD 0018.08.0213:0918
Contractual Authority Date
cc: Procurement Section (MS93)
Bureau of Finance&Accounting(MS78) -2 copies
000-012(Effective 09-14-2015) Page 2 of 2