Agenda 03/24/2009 Item #16C 1
Agenda Item No. 16C1
March 24, 2009
Page 1 of 26
EXECUTIVE SUMMARY
Recommendation to accept and sign Amendment No. 1 to the Department of
Environmental Protection Contract No. GC690, authorizing the Florida Department of
Environmental Protection (DEP) to change the existing Statement of Revenue, Expenses
and Fund Balance deadline requirements, and to eliminate the required submittals of the
Storage Tank System Leak Autopsy Form and the Underwriters Laboratorics Flex-Pipe
Incident Notification Form to DEP.
OBJECTIVE: To amend the DEF' Contract No. OC690 as requested by the Florida
Depmiment of Environmental Protection (DEP).
CONSIDERA TIONS: DEI' Contract No. OC690 generates $158,530.20 per year in revenue for
Pollution Control Department (pCD) through thc inspection of petroleum and chemical storage
tanks that are required to bc registered with the DEI' on a annual basis. The intent of
Amendment No. I to DEP Contract No. OC690 is to change the existing deadline from 45 days
of the payment of the 12'h invoice, to within 60 days of the end ol'the State liscal year (June 30).
This amendment will change an approximate deadline based on payment to an exact deadline
based on the end of DEp's liscal year (June 30). The existing contract language requires that
DEI' will withhold from payment of the final invoice a penalty of 5 percent ofthe contract total,
should Collier County not submit a year end financial summary statement by the designated date.
DEP is requiring this amendment for all entities under this contract, though meeting this
requirement has not been an issue with Colljer County since the time it was awarded its first
Tanks Assignment Contract by the DEI' in the late 1980s. Each year to date, the pCD has
submitted the required Statement of Revenue, Expenses and Fund Balance to the DEP within the
required time.
Amendment No. I to DEI' Contract No. OC690 also deletes Paragraph 5.H. and 5.1., which
eliminates the required submittal of the Storage Tank System Leak Autopsy Fonns (5.H.) and
Underwriters Laboratories (UL) Flex-Pipe Incident Notification Form (5.1) to DEI'.
FISCAL IMP ACT: There is no anticipated financial impact associated with this executive
summary or the actions recommended herein.
LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County
Attorney's Office, is not quasi-judicial and requires no ex parte disclosure, requires only a
majority vote for approval, and is otherwise legally sufficient for Board aetion.-SRT
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
with this executive summary.
RECOMMENDATION: That Ihe Board of County Commissioners accept and authorize
Donna Fiala, Chairman to sign Amendment No. I to the DEP Contract No. OC690, authorizing
the DEI' to change the existing Statement of Revenue, Expenses and Fund Balance deadline
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Agenda Item No. 10C 1
March 24. 2009
Page 2 of 26
requirements, and to eliminate the required submittals ofthe Storage Tank System Leak Autopsy
Form and the Underwriters Laboratories Flex-Pipe Incident Notification Form to DEI'.
Prepared By: Rob Ward, Pollution Control and Prevention Department
Page 1 of2
Agenda Item No. '16C1
March 24, 2009
Page 3 of 26
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
1GC1
Recommend to accept and sign Amendment No 1 to the Department of Environmental
Protection Contract No. GC69Q authorizing the Florida Department of Environmental
Protection to extend the date from 45 days of the payment of the 12th invoice to within 60
days of the end of the State fiscal year (June 30) of the eXlsllflg assessment a 5 percent
penalty on the contract in the event thai Collier County does not provide a Statement of
Revenue, Expenses and Fund Balance.
Meeting Date:
3/24/20099.00.00 AM
Approved By
Jeff Klatzkow
Assistant County Attorney
Date
County Attorney
County Attorney Office
2/24/20099:20 AM
Approved By
Jennifer A. Belpedio
ASSistant County Attorney
Date
County Attorney
County Attorney Office
2127:2009 8: 23 AM
Approved By
Steve Carnell
Purchasing/General Svcs Director
Date
Administrative Services
Purcl18sing
3/412009 8:01 AM
A pproved By
Thomas Wi des
Operations Director
Date
Public UtiHties
Public Utilities Operations
3/41200911:07 AM
Approved By
Dianna Perryman
Contract Specialist
Date
Administrative Services
Purchasing
314(20091 :15 PM
Approved By
Ray Smith
Director
Date
Public Utilities
Pollution Control & Prevention
3/4/2009 2:41 PM
Approved By
James W. DeLany
Pubiic Utilities Administrator
Date
Public Utilities
Public Utilities Administration
319120092:55 PM
Approved By
OMS Coordinator
OMS Coordinator
Date
County Manager's Office
Office of Management & Budget
3/9/2009 3:44 PM
Approved By
Randy Greenwald
Management/Budget Analyst
Date
County Manager's Office
Office of Management & Budget
3/13/20091:37 PM
Approved By
James V. Mudd
County Manager
Date
Page 2 of2
Agenda Item No. 16C1
March 24. 2009
Page 4 of 26
Board of County
Commissioners
County Manager's Office
3113120094:18 PM
,t:,ge-nc!a Item !'~o, 16C1
r\~a!ch 24, 20U9
P:::qe 5 of 2<3
DEP CONTRACT NO. GC690
AMENDMENT NO.1
THIS CONTRACT as entered into on the 26'h day of June, 2007, between the FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION (hereinafter referred to as the "DEP" or "Department")
and the COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS (hereinafter referred to as the
"CONTRACTOR") is hereby amended as follows:
Paragraph 5.H. is hereby deleted in its entirety.
Paragraph 5.1. is hereby deleted in its entirety.
Paragraph 28 is hereby deleted in its entirely and replaced with the following:
The CONTRACTOR shall provide a Statement of Revenue, Expenses and Fund Balance utilizing the
"Guidelines for Preparing Year End Financial Statement" (Guidance Document G) for the period of
the executed Task Assignment within sixty (60) days of the end of the State fiscal year (June 30th).
If the CONTRACTOR fails to timely provide a Statement of Revenue, Expenses and Fund Balance
within the sixty (60) day period, the CONTRACTOR will be assessed a five percent (5%) penalty
based on the current Task Assignment amount. The penalty amount will be subtracted from Invoice
Number 12 In the current Task Assignment Year. The CONTRACTOR is still obligated to provide
the Slatement of Revenue, Expenses and Fund Balance to the DEP even if the CONTRACTOR
provides this statement after the sixty (60) day deadline and is assessed the five percent (5%)
penalty.
In all other respects, the Contract of which this is an Amendment, and attachments relative thereto,
shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have caused this Amendment to be duly executed the day and
year last written below.
By:
*Title: Donna Fiala
Chairman
COLLIER COUNTY BOARD OF
COUNTY COMMISSIONERS
Collier County Pollution Control
and Prevention Department
Date:
of
Sys s or des' nee
I ,.., 1Q0-
Date' I I.?.... f/7
~ L);f;Jj ~'-- ~~\
William E. Burns Jr., Contract Manager
ATTEST
DWIGHT E. BROCK, CLERK
BY:
Deputy Clerk
Gd, 4-k ~
DEP Conlracts A~strator
~~'~:~";: '{20 ':;: , !eg.!
, ~ If- ~/ L
Assistant County Attorney
*For contracts with governmental boards/commissions: If someone other than the Chairman signs this
Contract, a resolution, statement or other document authorizing the person to sign the Contract on behalf of
the Contractor must accompany the Contract.
APPROVED as to form and legality:
~~<l~
DE Attorney
~
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DEP Contract No. GC690, Amendment No.1, Page 1 of 1
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Agenda Item No. 16C1
March 24, 2009
Page 6 of 26 ~
DEP CONTRACT NO. GC690 R E eEl V E D
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
AGREEMENT FOR STORAGE TANK SYSTEM C7f:.PR31 ~M 9:32
COMPLIANCE VERIFICATION PROGRAM
FOR COLLIER COUNTY pall. CONT. t PREVo DEPT.
CONTRACTOR
COLLIER COUNTY BOARD OF
COUNTY COMMISSIONERS
Collier County Pollution Control
and Prevention Department
3301 Tamiami Trail E. Bldg H
Naples, Florida 34112
FEID NO.: 59-6000558
In consideration of the mutual benefits to be derived herefrom. the Florida Department of
Environmental Protection ("DEP" or "Departmenf') does hereby retain Collier County Board of County
Commissioners ("CONTRACTOR") for the specific purposes and duties as outlined herein within Collier
County and the parties do hereby agree as follows:
INTRODUCTION
1. To assist the CONTRACTOR in complying with the terms and conditions established herein,
standard program terminology used throughout this Contract is defined and provided in Attachment
A, Standard Contract Definitions, attached hereto and made a part hereof.
2. It is hereby understood and agreed that all references in this Contract to Florida Statutes (F.S.) and
the Florida Administrative Code (FAC.) shall be for the laws, rules and guidance documents in
effect at the time work is performed by the CONTRACTOR.
SCOPE OF SERVICES
3. Perform compliance inspections within the jurisdictional (geographical) boundaries of the specified
counties, including facilities registered to the CONTRACTOR as required by an executed Task
Assignment(s) at the following Chapter 376, F.S., facilities: storage tanks regulated pursuant to
Sections 376.30 - 376.317, F.S. (excluding cattle dip vats. dry-cleaning facilities and designated
Brownfields) and Chapters 62-761 and 62-762, FAC.. including mineral acid tanks regulated by the
DEP in accordance with Sections 376.320 - 376.326, F.S. In addition, perform closure inspections,
installation inspections, discharge inspections, re-inspections, and emergency response activities,
as applicable, in accordance with each Task Assignment. All inspections shall be performed by an
individual{s) in a position equivalent to an Environmental Specialist I level or higher. Beginning on
the effective date of this Contract, the CONTRACTOR is aulhorized to enter private property in
order to carry out inspections pursuant to Sections 403.091 and 403.858, Florida Statutes.
4. Inspection Priorities. Inspections should be performed in accordance with each executed Task
Assignment in the following priority order:
A. Perform a discharge inspection at all facilities with known or suspected discharges involving
free product within twenty-four (24) hours of receipt of nolification. Prepare and send a Site
Assessment Report request letter to the facility owner and operator, if appropriate, and as
directed by the DEP Task Manager.
DEP Contract No. GC690, Page 1 of 13
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Agenda Item No. 16C1
March 24. 2009
Page 7 of 26
B. Perform a discharge inspection at all facilities with known or suspected discharges within ten
(10) working days of receipt of notification. Prepare and send a Site Assessment Report
request letter to the facility owner and operator, if appropriate, and as directed by the DEP
Task Manager.
C. Perform all closure inspections at known storage tank system closure activities.
D. Perform all installation inspections of known new installations to ensure that the system or
system component is properly constructed and installed in accordance with Chapters 62-761
and 62-762, FAC., as applicable.
E. Perform routine compliance inspections and required re-inspections of facilities listed on each
executed Task Assignment based on resources and priorities. Facilities not inspected during
the current executed Task Assignment, will be prioritized to be inspected during the
subsequent Task Assignment. This list will include all facilities with at least one single-walled
regulated system.
F. Re-inspections should be performed as needed to verify compliance of items identified as
requiring a re-inspection, as referenced in the "Storage Tank System Program Violation list"
(Guidance Document A). All violations, regardless of severity, which solely involve notification
or reporting, will not require a re-inspection, unless otherwise required in Guidance Document
A. The CONTRACTOR will not be required to perform a re-inspection if the CONTRACTOR
and the DEP's Task Manager agree that it is unwarranted.
5. Site inspections responsibilities shall include:
A. Contacting facility owners or operators, verbally or in writing. to schedule compliance
inspections, Installation inspections, closure inspections, discharge inspections, and re-
inspections. The DEP Task Manager may require written notification of Inspections if verbal
methods have proven unsatisfactory.
B. With the exception of CONTRACTOR-owned/operated facilities, meeting with the owners,
operators, and(or other authorized representatives of all regulated facilities for the purpose of
determining compliance with Chapters 62-761 and 62-762, FAC., and Chapter 376, F. S.
C. Distributing registration forms to all unregistered facilities that become known to the
CONTRACTOR as they are discovered. performing compliance inspections at all
unregistered facilities that are subject to Chapters 62-761 and/or 62-762, FAC., as they are
discovered, and taking appropriate measures where required to bring these facilities into
compliance.
E. Completing all inspection reports using the Florida Inspection Reporting for Storage Tanks
(FIRST) database and in accordance with the minimum standards referenced in the "FIRST
User's Guide" (Guidance Document B).
F. Responding to complaints by performing a complaint investigation. documenting actions taken
and maintaining appropriate copies of all complaint information as directed by the DEP Task
Manager.
G. Responding to requests for public assistance both in the office and during inspections.
H. Completing Storage Tank System Leak Autopsy Report Forms in electronic format and
submitting them to the DEP Contract Managet within ten (10) days of the Discharge
Inspection. Submit the complete electronic form with comments, the Discharge Reporting
Form (DRF) and photographs.
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DEP Contract No. GC690, Page 2 of 13
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Agenda Item No. 16C1
March 24, 2009
Page 8 of 26
I. Completing an Underwriters laboratories (Ul) Flex-Pipe Incident Notification Fonn upon the
discovery of any structural or material compatibility problems involving Flex-Pipes and
submitting them to the DEP Contract Manager within ten (10) days of discovery. A copy
should also be submitted to UL.
6, Perform level 1 enforcement actions.
A. These actions shall include investigation and documentation of violations of Chapters 62-761
and 62-762, FAC.. or the county's equivalent regulations, preparation of noncompliance
letters and related activities as described in Attachment A and in accordance with the
"Storage Tank System Program Violalion List" (Guidance Document A) and "level of Effort
Guidance" (Guidance Document F).
B. An individual(s) in a position equivalent to an Environmental Specialist II level or higher shall
conduct level 1 enforcement activities. Noncompliance letters may be prepared and sent by
an individual(s) at the Environmental Specialist I level under the direction of an individual at
the Environmental Specialist II level or higher.
C. All enforcement documents shall be on DEP forms, in DEP format, or have DEP approval.
D. All noncompliance letters shall be issued through FIRST in such a way as to ensure the
database's capture of these activities for report purposes.
E. Any penalties assessed under this Contract shall be in accordance with DEP Directive 923:
Settlement Guidelines for Civil and Administrative Penalties (Guidance Document J).
F. If there is any indication that enforcement actions are not being performed; the DEP Task
Manager may request the submission of a Corrective Action Plan. The Task Manager shall
be responsible for reviewing the plan and notifying the CONTRACTOR if the plan is approved
or in need of revision.
7. Assessment of Performance levels.
A. The CONTRACTOR shall perform inspections as directed in the previously stated Priority
Order in paragraph 4, above, and assess performance levels monthly to determine its
progress towards completion of each Task Assignment. Upon discovery of any problems that
would delay or prevent the timely progress and completion of each Task Assignment, the
Contractor shall notify the DEP Task Manager.
B. FOllowing the effective date of each Task Assignment, the CONTRACTOR should have
completed the following percentage of the required routine compliance inspections unless
otherwise indicated in the Task Assignment:
(1) After four (4) months, thirty-three percent (33%) of inspections should have been
com pleted,
(2) After eight (8) months, sixty-six percent (66%) of inspections should have been
completed,
(3) After twelve (12) months, one hundred percent (100%) of inspection should have been
completed.
C. If the actual number of required routine compliance inspections falls below twenty percent
(20%) for the fourth month, thirty percent (30%) for the fifth month, forty percent (40%) for the
sixth month, forty-eight percent (48%) for the seventh month, fifty-seven percent (57%) for the
eighth month, sixty-five percent (65%) for the ninth month, seventy-three percent (73%) for
DEP Contract No. GC690, Page 3 of 13
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Agenda Item No. 16C1
March 24, 2009
Page 9 of 26
the tenth month or eighty-two percent for (82%) the eleventh month, then the CONTRACTOR
shall submit a Corrective Action Plan, within ten (10) days of receipt of a written request from
the DEP Task Manager, to the DEP Task Manager describing the steps that will be taken to
meet the terms of the Task Assignment.
D. If there is any indication that other required inspections or activities are not being performed,
the DEP Task Manager may request the submission of a Corrective Action Plan (Plan).
E. The DEP Task Manager shall be responsible for reviewing the plan and notifying the
CONTRACTOR if the Plan is approved or in need of revision.
F. If the CONTRACTOR does not successfully implement the Plan as approved by the DEP
Task Manager for the remaining months of the Task Assignment, the DEP may withhold
further payment of monthly invoices until such time as the CONTRACTOR comes into
compliance with those performance levels as outlined in paragraph 7,B., above,
G. A completion rate of 100 percent is required for those activities described in Paragraph 3,
above, and as set forth in each Task Assignment, unless otherwise indicated in the Task
Assignment.
H. In the event the CONTRACTOR is unable to meet 100% performance levels set forth in the
Task Assignment, the DEP reserves the right to seek cost recovery according to the
percentage of the amount identified in each executed Task Assignment, unless failure of the
CONTRACTOR to perform is documenled to be beyond the foreseeable control of the
CONTRACTOR (I.e. a force majeure event).
8. The DEP shall authorize the CONTRACTOR to provide services under this Contract utilizing the
Task Assignment Notification Form, attached hereto and made a part hereof as Attachment B. The
CONTRACTOR acknowledges that no work shall be performed until a Task Assignment authorizing
work has been fully executed by the DEP and the CONTRACTOR. If, during the term of an
executed Task Assignment, a modification of the Task Assignment is needed, the DEP may issue a
new Task Assignment Form clearly marked with the original task number and the appropriate
amendment number, detailing the revised description of the work to be performed. As with the
original Task Assignment, all amendments to Task Assignments must be executed by both the DEP
and the CONTRACTOR prior to the work being performed.
CONTRACTOR RESPONSIBILITIES
9. The CONTRACTOR shall administer the compliance verification program, provide technical
assistance, and perform level 1 enforcement actions. Data generated from all inspections
conducted under the direction of the DEP shall be entered into FIRST prior to the submittal of an
invoice to the District. The CONTRACTOR shall also conduct "Discharge Prevention Response
Certificate (DPRC) Inspections" (Guidance Document H) at all applicable facilities pursuant to Rule
62N-16.032, FAC.
10. The CONTRACTOR shall comply with all provisions of this Contract, verify facility compliance with
Chapter 376, F.S., Chapters 62-761,62-762, and 62N-16.032, FAC., and be knowledgeable of the
differences between the state and federal environmental statutes and rules applicable to
underground storage tanks,
11. The CONTRACTOR shall require that qualified individuals perform field inspections and that they
receive training on Chapters 62-761, 62-762, and 62N-16.032, FAC., Chapter 376, F.S., RCRA
Subtitle I standards and DEP enforcement procedures.
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DEP Contract No. GC690, Page 4 of 13
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Agenda Ilem No. 16C1
March 24, 2009
Page 10 of 26
12. The CONTRACTOR shall provide a sufficient number of qualified staff to satisfactorily complete all
the responsibilities included in this Contract. All individuals hired after the effective date of this
Contract shall possess qualifications equivalent to DEP position levels as specified in this Contract.
13. All field inspectors and enforcement personnel shall attend and complete scheduled storage tank
inspector training courses and pass any examinations. If the employee falls to pass, the employee
may lake the examination at the next offered training class, During this period the employee may
continue to perform inspections. However, subsequent failure to provide certified inspectors will
result in a reduction of the fixed price negotiated in the Task Assignment.
14. The CONTRACTOR shall determine the accurate latitude and longitude coordinates for each facility
inspected using DEP-approved procedures (Source Water Assessment Program (SWAP)
Webpoint) and ensure the proper entry of this data into the DEP inspection database.
15. The CONTRACTOR shall review closure reports filed by facility owners or operators to insure that
the DEP's "Storage Tank System Closure Requirements" (Guidance Document C) have been
followed. In cases where these reqUirements have not been met, the CONTRACTOR shall initiate
Level 1 enforcement actions 10 compel compliance. In cases where these requirements have been
met and none the of DEP's cleanup target levels have been exceeded, the CONTRACTOR shall
issue a Closure Report Review Letter for the system or component described in the Closure Report
indicating the Closure Report meets the requirements of Chapter 62-761 andior 62-762, FAC. In
cases where cleanup target levels have been exceeded, the CONTRACTOR shall follow further
direction from the DEP Task Manager.
16. The CONTRACTOR shall maintain files on regulated facilities for inspection reports, noncompliance
letters, warning letters, or any other related enforcement documentation, telephone logs and written
correspondence from the facility that may not be available in FIRST. In the event a case referral to
the DEP District Office for further enforcement is necessary, a case summary, a copy of any
documents pertinent to the case that are not available in FIRST, and a letter of referral shall be
submitted to the DEP District Office in accordance with the "Guidelines for Case Referrals"
(Guidance Document I).
17. Facility files must be kept until the site has been determined closed. Once the facility has been
closed for five (5) years, the records shall be sent to the DEP Contract Manager in Tallahassee for
preservation, unless the CONTRACTOR is subject to more stringent local record retention
requirements. Copies can be maintained by the CONTRACTOR at the CONTRACTOR's expense.
If, for any reason, the DEP's contractual arrangement with the CONTRACTOR to perform the
inspection program (through this Contract or any future contracts) ceases. the CONTRACTOR shall
return all original facility files to the DEP Task Manager within 30 caiendar days of Contract
expiration or termination.
18. The CONTRACTOR shall provide complete copies of discharge packages (discharge reporting
form, discharge inspection report, Site Assessment Request letter (if required)) to the DEP Task
Manager and DEP Contract Manager within thirty (30) days of receipt of the reported discharge.
19. The CONTRACTOR shall provide attendance of at least one program staff member at scheduled
meetings and at scheduled teleconferences, including the Tanks Conference. The DEP Task
Manager may authorize attendance at a location other than the District Office. The CONTRACTOR
shall provide attendance of additional staff members as requested by the DEP.
20. The CONTRACTOR shall maintain a current set of the reference standards as contained in
Chapters 62-761 and 62-762, FAC.
21. The CONTRACTOR shall ensure that all fieid personnel receive the health and safety training
required to meet OSHA standards (an initial 24 or 40 hour course within 6 months of employment
under this Contract, followed by an annual 8 hour refresher course).
DEP Contract No. GC690, Page 5 of 13
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Agenda Item No. 16C1
March 24, 2009
Page 11 of 26
22. The CONTRACTOR shall supervise the Local Compliance Program with an individual at a minimum
equivalent to the DEP's Environmental Specialisl III personnel category.
23. The CONTRACTOR shall perform all clerical activities for the above-mentioned tasks, by an
individual at a minimum equivalent to a Secretary Specialist level or higher.
24. The CONTRACTOR shall provide copies of applicable rules, Inspection forms, and other
program/public assistance information to the public and regulated interests. However, this provision
does not authorize photocopying of reference documents in violation of copyright law.
25. The CONTRACTOR shall use recycled paper for all program correspondence and documents.
26. The CONTRACTOR shall maintain financial books, records, and documents directly pertinent to
performance under this Contract in accordance with generally accepted accounting principles
consistently applied. All books. records, and documents pertinent to performance under this
Contract shall be maintained for the entire term of this Contract and for five years following the
expiration or termination of this Contract. The DEP, the State, or their authorized representatives
shall have access to such records for audit purposes during the entire term of this Contract and for
five years following the expiration or termination of this Contract. A penalty of 8.3% of the current
Task Assignment amount will be assessed for each year that shows insufficient record keeping.
27. The CONTRACTOR shall maintain a separate account (Trust Fund or Cost Center) within the
CONTRACTOR's accounting system for the receipt and disbursement of funds provided under this
Contract so as to trace and monitor Inland Protection Trust Fund (IPTF) expenditures.
28. The CONTRACTOR shall provide a Statement of Revenue, Expenses and Fund Balance utilizing
the "Guidelines for Preparing Year End Financial Statemenf' (Guidance Document G) for the period
of the executed Task Assignment within forty-five (45) days of payment of Ihe twelfth invoice for the
current Task Assignment. If the CONTRACTOR fails to timely provide a Statement of Revenue,
Expenses and Fund Balance wilhin the forty-five (45) day period, the CONTRACTOR will be
assessed a five percent (5%) penalty based on the current Task Assignment amount. The penalty
amount will be subtracted from Invoice Number 12 in the current Task Assignment Year. The
CONTRACTOR is still obligated to provide the Statement of Revenue, Expenses and Fund Balance
to the DEP even if the CONTRACTOR provides this statement after the 45-day deadline and is
assessed the five percent (5%) penalty.
29. If the CONTRACTOR's fund balance is less than or equal to ten percent (10%) of its current year
Task Assignment, the CONTRACTOR may retain the surplus provided that such surplus must be
used pursuant to the provisions of this Contract, the Task Assignment and Section 376.3071, F.S.
If the CONTRACTOR's fund balance is greater than ten percent (10%) of its current year Task
Assignment amount, the CONTRACTOR shall refund to the DEP any and all amounts in excess of
ten percent (10%) of the current year Task Assignment amount. However, the CONTRACTOR can
submit to the DEP, with the Fund Balance Report, a written proposal to retain the funds that exceed
the ten percent (10%) of the current year Task Assignment. The DEP, at its sole discretion, will
then determine whether the CONTRACTOR may retain the funds greater thai ten percent (10%) of
the current year Task Assignment.
30. The CONTRACTOR shall not allocate funding to non-program activities outside the scope of this
Contract or any Task Assignment. Sections 376.3071 and 376.11, F.S., prohibit the use of IPTF
and Florida Coastal Protection Trust Fund (FCPTF) moneys for purposes other than those specified
in these sections.
31. Access to DEP databases shall be made by using an Intemet connection. Therefore, the
CONTRACTOR is responsible for subscribing to and paying for all charges related to use of the
DEP Contract No. GC690, Page 6 of 13
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Agenda Item No. 16C1
March 24, 2009
Page 12 of 26
services of a reputable Internet service provider. The CONTRACTOR must have a dedicated
Internet line for FIRST.
32. Guidance Documents. The CONTRACTOR agrees that the services required under this Contract
shall be performed in accordance with the guidance documents listed below and in accordance with
the provisions of this Contract. The CONTRACTOR acknowledges that these documents may be
amended and the services required under Ihis Contract shall be performed in accordance with the
versions in effect at the time work is performed by the CONTRACTOR. The CONTRACTOR
hereby acknowledges receipt of the following guidance documents:
A. Guidance Document A Storage Tank System Program Violation List.
B. Guidance Document B Florida Inspection Reporting for Storage Tanks (FIRST) User
Requirements
C. Guidance Document C Storage Tank System Closure Requirements
D. Guidance Document D Compliance Verification Program Local Program Review Form."
E. Guidance Document E Contractual Services Invoice
F. Guidance Document F Level of Effort Guidance
G. Guidance Document G Guidelines for Preparing Year End Financial Statement
H. Guidance Document H Discharge Prevention Response Certificate (DPRC) Inspections
I. Guidance Document I -- Guidelines for Case Referrals
J. Guidance Document J -- DEP Directive 923: Settlement Guidelines for Civil and
Administrative Penalties
33. The CONTRACTOR shall provide a written response to the Program Review findings conducted in
accordance with paragraph 42, below, and at a minimum, provide details on any corrective actions
that will be implemented.
34. The CONTRACTOR shall submit a satisfactory Corrective Action Plan to the DEP Task Manager
upon notification of a score below seventy-five (75) on the Program Review within fourteen (14)
calendar days of notification of the score. Because a score below 75 reflects an unacceptable level
of performance, if the CONTRACTOR receives a score below 75, a penalty of 8.3% of the current
Task Assignment amount will be assessed. The penalty amount will be subtracted from invoice
Number 12 in the current Task Assignment Year.
35. The CONTRACTOR is responsible for the professional quality, technical accuracy, and coordination
of all reports and other services furnished by the CONTRACTOR under this Contract. The
CONTRACTOR shall, without additional compensation, correct or revise any errors, omissions, or
other deficiencies in its reports and other services.
DEP RESPONSIBILITIES
36. The DEP shall administer the "Storage Tank Training Course" to provide inspector training for all
CONTRACTOR inspectors and enforcement personnel.
37. The DEP shall serve in an advisory capacity to the CONTRACTOR. The DEP shall make legal
interpretations of DEP rules, which shall be binding with respect to the CONTRACTOR's ordinances
to the extent that those ordinances adopt the provisions of Chapters 62-761 and 62-762, FAC., as
required by this Contract.
38. The DEP shall review completed inspection reports when and as deemed necessary.
39. The DEP shall provide program and regulatory guidance for the CONTRACTOR. The DEP shall
provide training in new technology and program management changes at the Annual Program and
Supervisors' Meetings.
DEP Contract No. GC690, Page 7 of 13
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Agenda Item No. 16C1
March 24, 2009
Page 13 of 26
40. The DEP shall conduct enforcement activities for violations of Chapters 62-761 and 62-762, FAC..
when case referrals are properly made and forwarded to the District Office in accordance with the
"Guidelines for Case Referrals" (Guidance Document I).
41. The DEP shall provide information to the CONTRACTOR about DEP registered storage tank
system equipment. altemate procedures (waivers, variances, or registralions), licensed Pollutant
Storage Systems Contractors (PSSC), and Registered Precision Tank Testers.
42. At least once annually, the DEP shall perform a Program Review using the "Compliance Verification
Program Local Program Review Form" (Guidance Document D), and provide a copy of the Program
Review findings to the CONTRACTOR upon completion of the Program Review. The
CONTRACTOR shall be notified at least fourteen (14) calendar days prior to a review of the
CONTRACTOR'S hard copy facility files so that the CONTRACTOR may make arrangements to
have files and personnel available for the review as needed. The DEP may conduct inspections,
including accompanied inspections and follow-up inspections, at any reasonable time. In addition,
the DEP may also conduct facility file reviews through FIRST at any time. The DEP Task Manager
may perform additional program reviews, as deemed necessary, to insure the required performance
of the CONTRACTOR. The DEP Task Manager may forgo a Program Review for the next Task
Assignment for a CONTRACTOR that receives a score of 95 or greater on the Program Review
during the current Task Assignment.
TERM OF CONTRACT
43. This Contract shall become effective on the date of execution or July 1, 2007, whichever date is
later; and shall remain in effect until June 30, 2017. In accordance with Section 287.058(2), Florida
Statutes, the CONTRACTOR shall not be eligible for reimbursement for services rendered prior to
the execution date of this Contract and the execution of a Task Assignment. The DEP anticipates
Task Assignments will be executed no later than July 1 of each year detailing the requirements for
the next twelve (12) month period. Task Assignment performance periods may not extend beyond
the completion date of the Contract established above. This Contract may be renewed for an
additional term not to exceed the original Contract period or three (3) years, whichever is longer.
Renewal of this Contract shall be in writing and subject to the same terms and conditions of this
Contract. All renewals are contingent upon satisfactory performance by the CONTRACTOR and the
availability of funds.
NOTICES
44. Any and all notices shall be delivered to the parties at the following addresses:
CONTRACTOR
Robert Ward
Collier County Board of
County Commissioners
Collier County Pollution Control
and Prevention Department
3301 Tamiami Trail E, Bldg H
Naples, Florida 34112
DEP
Mr. Marshall Molt-Smith
Department of Environmental Protection
Bureau of Petroieum Storage Systems
2600 Blair Stone Road, MS4525
Tallahassee, Florida 32399-2400
COMPENSATION
45. For satisfactory performance, DEP agrees to compensate the CONTRACTOR on a fixed price basis
as described by each executed Task Assignment. It is hereby understood and agreed by both
parties that the compensation provided under this Contract shall not exceed the amount negotiated
in each executed Task Assignment for each specified period. The DEP's calcuiation of the fixed
price identified above is outlined in the executed Task Assignment Notification Form.
DEP Contract No. GC690, Page 8 of 13
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Agenda Item No. 16C1
March 24, 2009
Page 14 of 26
46, The State of Florida's performance and obligation to pay under this Contract is contingent upon an
annual appropriation by the Legislature and continuation of other funding presently anticipated.
PAYMENTS
47. The CONTRACTOR shall submit monthly invoices in the amount specified in the executed Task
Assignment. Each invoice shall be submitted using the "Contractual Services Invoice" (Guidance
Document E). Each invoice is due no later than the 15th day of the month following the month of
services. Travel expenses associated with the annual meeting, Tanks Program Supervisor's
Meetings, and travel required for inspections, enforcement re-inspections, district coordination,
training and monthly teleconferences are included in the monthly payment schedule and no
additional travel expenses will be authorized. Each invoice must be submitted in detail sufficient for
pre-audit and post-audit review. A final invoice for each Task Assignment must be submitted as
directed by the DEP prior to the completion date of the executed Task Assignment to assure the
availability of funding for payment. The DEP shall pay all satisfactory invoices in accordance with
Section 215.422, F.S. Two copies of each invoice shall be submitted to:
Department of Environmental Protection
South District Office
Attn.: Send to the DEP Task Manager's Attention
2295 Victoria Ave., Suite 364
Fort Myers, Florida 33902
48. Pursuant to Section 215.422, Florida Statutes, the DEP's Task Manager shall have five (5) working
days. unless otherwise specified herein, to inspect and approve the services for payment; the DEP
must submit a request for payment to the Florida Department of Financial Services within twenty
(20) days; and the Department of Financial Services is given ten (10) days to issue a warrant. Days
are calculated from the latter date the invoice is received or services received, inspected, and
approved. Invoice payment requirements do not start until a proper and correct invoice has been
received. Invoices which have to be returned to a contractor for correction(s} will result in a delay in
the payment. A Vendor Ombudsman has been established within the Florida Department of
Financial Services who may be contacted if a contractor is experiencing problems in obtaining timely
payment(s) from a State of Florida agency. The Vendor Ombudsman may be contacted at 850-
410-9724 or 1-800-848-3792.
49. In accordance with Section 215.422, Florida Statutes, the DEP shall pay the Contractor, interest at a
rate as established by Section 55.03(1}, Florida Statutes on the unpaid balance, if a warrant in
payment of an invoice is not issued within forty (40) days after receipt of a correct invoice and
receipt, inspection, and approvai of the goods and services. Interest payments of less than $1 will
not be enforced unless a contractor requests payment. The interest rate established pursuant to
Section 55.03( 1), Florida Statutes may be obtained by calling the Department of Financial Services,
Vendor Ombudsman at the telephone number provided above or the DEP's Procurement Section at
850-245-2361.
REPORTS AND DELlVERABlES
50. The DEP Task Manager shall review the monthly invoice for accuracy and compieteness and review
such things as the number of inspections completed in the FIRST application before the monthly
invoice is forwarded to the Bureau of Petroleum Storage Systems in Tallahassee, Florida for
processing. The DEP has ten (10) working days from the receipt of all deliverables and reports to
review the work performed by the CONTRACTOR during the invoice period. If the CONTRACTOR
fails to perform as directed by the terms of this Contract, the DEP shall return the unpaid invoice
andlor reports and deliverables to the CONTRACTOR documenting the areas in which the
CONTRACTOR has failed to meets its contractual obligations.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Contract No. GC690, Page 9 of 13
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.
Agenda Item No. 16C1
March 24, 2009
Page 15 of 26
EQUIPMENT
51. Upon satisfactory completion of this Contract. the CONTRACTOR may retain ownership of the non-
expendable personal property or equipment purchased under this Contract. However, the
CONTRACTOR shall compiete and sign a Property Reporting Form, DEP 55-212, provided as
Attachment C, and forward it along with the appropriate Invoice to the DEP's Contract Manager. The
following terms shall apply:
A. The CONTRACTOR shall have use of the non-expendable personal property or equipment for
the authorized purposes of the contractual arrangement as long as the required work is being
performed.
B. The CONTRACTOR is responsibie for the implementation of adequate maintenance
procedures to keep the non-expendable personal property or equipment in good operating
condition.
C. The CONTRACTOR is responsible for any loss, damage, or theft of, and any loss, damage or
injury caused by the use of, non-expendable personal property or equipment purchased with
state funds and held in his possession for use in a contractual arrangement with the DEP.
D. In the event that the DEP detennines a need to loan equipment needed for the completion of
services under this Contract to the CONTRACTOR, a DEP Property Loan Agreement shall be
completed and maintained in the Contract file.
E. If the CONTRACTOR fails to perfonn its obligations under this Contract, the CONTRACTOR
shall deliver possession and custody of all such equipment to the nearest District Office
location, unless otherwise agreed, within thirty (30) calendar days of Contract termination.
MANAGEMENT
52. The DEP Contract Manager is Marshall T. Mott-Smith, Phone 850-245-8842 or Suncom 205-8842.
The CONTRACTOR's Contract Manager is Robert Ward, Phone 239-732-2502 or Suncom 751-
2502. Each Task Assignment will identify the DEP Task Manager and the CONTRACTOR's Task
Manager. All matters relating to a specific Task Assignment shall be directed to the DEP Task
Manager for appropriate action or disposition. All matters relating to this Contract shall be directed
to the DEP Contract Manager.
TERMINATION
53. Either party may terminate this Contract for its convenience by giving the other party thirty (30) days
written notice. If tennination is effected by the DEP, the CONTRACTOR shall be compensated for
work satisfactorily completed and irrevocable commitments made. If termination is effected by the
CONTRACTOR, the CONTRACTOR shall be compensated for work satisfactorily completed.
54. If the CONTRACTOR fails to perform in a timely and proper manner, in the judgment of the DEP,
the DEP may terminate this Contract by thirty (30) days written notice, specifying the effective
time/date of tennination. In this event, the CONTRACTOR shall be compensated for any work
satisfactorily completed.
55. This Contract may be tenninated by the DEP for refusal by the CONTRACTOR to allow public
access to all documents, papers, letters, or other material made or received by the CONTRACTOR
in conjunction with this Contract. unless the records are exempl from Section 24(a) of Article 1 of
the State Constitution and Seclion 119.07(1), Florida Statutes.
DEP Contract No. GC690, Page 10 of 13
.
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Agenda Item No. 16C1
March 24, 2009
Page 16 of 26
56. It is hereoy understood and agreed that in the event the DEP makes a clear determination that the
CONTRACTOR has oreached this Contract to the extent that the CONTRACTOR is (at the sole
discretion of the DEP) inadequate to administer the Storage Tank System Compliance Verification
Program, compliance inspections, and preliminary enforcement activities under Chapters 62-761
and 62-762, FAC., and Chapter 376, F.S., for regulated storage tank systems in its jurisdiction, or
that such program is oeing carried out in a manner inconsistent with the requirements of this
Contract, the DEP may, as an alternative to tenmination of this Contract, and at the DEP's sole
discretion. require corrective measures to De taken oy the CONTRACTOR within a reasonable
period of time, not to exceed 45 days. In the event the CONTRACTOR fails to take such necessary
corrective action within the time required, the DEP may tenminate this Contract in accordance with
paragraph 54, aoove.
ADDITIONAL PROVISIONS
57. All services shall De performed oy the CONTRACTOR to the satisfaction of the Secretary of the
DEP or his/her designated representative.
58. The DEP and the CONTRACTOR may at any time, oy written order designated to De a change
order, make any change in the work within the general scope of the Contract (e.g., specifications,
time, method or manner of perfonmance. requirements, etc.). Changes to Task Assignment
Notification Fonms issued oy the DEP shall De evidenced oy an amendment to the Task Assignment
as descrioed in paragraph 8, aoove. All change orders are suoject to mutual agreement of ooth
parties and shall be evidenced in writing. Any change order, which causes an increase or decrease
in the CONTRACTOR's cost or time, shall require an appropriate adjustment and modification
(amendment) to this Contract.
59. The CONTRACTOR covenants that it presently has no interest and shall not acquire any interest,
which would conflict in any manner or degree with Ihe perfonmance of services required.
60. The CONTRACTOR warrants that no person or agency has oeen employed or retained to solicit or
secure this Contract upon an agreement or understanding for a commission, percentage,
orokerage, or contingent fee except Dona fide employees or agencies maintained oy the
CONTRACTOR for the purpose of securing ousiness.
61. A person or affiliate who has been placed on the convicted vendor list following a conviction for a
puolic entity crime may not perform work as a contractor, supplier, suocontractor, or consultant
under a contract with any puOlic entity, and may not transact ousiness with any puolic entity in
excess of the threshold amount provided in Section 287.017, F.S., for Category Two for a period of
36 monlhs from the date of being placed on the convicted vendor list.
62. The CONTRACTOR shall comply with all federal, state and local rules and regulations in providing
services to the DEP under this Contract. The CONTRACTOR acknowledges that this requirement
includes compliance with all federal, state and local health and safety rules and regulations.
63. No delay or failure to exercise any righi, power or remedy accruing to either party upon oreach or
default oy either party under this Contract, shall impair any such right, power or remedy of either
party; nor shall such delay or failure De construed as a waiver of any such oreach or default, or any
similar oreach or default thereafter.
64. This Contract is an exclusive contract for services and the CONTRACTOR may not suocontract,
assign, Ot transfer, in whole or in part, any work under this Contract without the prior written consent
of the DEP.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Contract No. GC690, Page 11 of 13
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.
Agenda Item No. 16C1
March 24, 2009
Page 17 of 26
65. Discriminatory Practices.
A. No person, on the grounds of race, creed, color, national origin, age. sex, or disability, shall be
excluded from participation in; be denied the proceeds or benefits of; or be otherwise
subjected to discrimination in performance of this Contract.
B. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a
bid on a contract to provide goods or services to a public entity, may not submit a bid on a
contract with a public entity for the construction or repair of a public building or public work,
and may not submit bids on leases of real property to a public entity. The Florida Department
of Management Services is responsible for maintaining the discriminatory vender list and
intends to post the list on its website. Questions regarding the discriminatory vender list may
be directed to the Florida Department of Management Services, Office of Supplier Diversity at
850.487.0915.
66, To the extenl required by law, the CONTRACTOR will be self.insured against, or will secure and
maintain during the life of this Contract, Workers' Compensation Insurance for all its employees
connected with the work under Ihis Contract. In case any work is subcontracted, the
CONTRACTOR shall require the subcontractor similarly provide Workers' Compensation Insurance
for all of the laller's employees unless such employees are covered by the protection afforded by
the CONTRACTOR. Such self-insurance program or insurance coverage shall comply fully with the
Florida Workers' Compensation law. In case any class of employees engaged in hazardous work
under this Contract is not protected under Workers' Compensation statutes, the CONTRACTOR
shall provide, and cause each subcontractor to provide, adequate insurance salisfactory to the DEP,
for the protection of his employees not otherwise protected.
67. For purposes of this Contract, the CONTRACTOR is not authorized to issue variances or waivers
pursuant to Section 120,542, F.S., to issue declaratory statements pursuant to Section 120.565.
F.S.. or the County equivalent of these provisions where the affect would be to issue a variance,
waiver or declaratory statement of a state law or rule that has been adopted as a County ordinance.
68, Nothing in this Contract shall be considered an approval by the DEP of equivalent, more stringent or
extensive local programs pursuant to Section 376.317, F.S.
LIABILITY
69. The CONTRACTOR, as an independent contractor and not an agent, representative, or employee
of the DEP, agrees to carry adequate liability and other appropriate forms of Insurance. The DEP
shall have no liability except as specifically provided in this Contract.
70. Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its
employees and agents. However, nothing contained herein shall constitute a waiver by either party
of its sovereign immunity or the provisions of Section 768.28, F.S.
SEVERABILITY
71. In the event one or more provisions of this Contract are declared invalid, the balance of this
Contract shall remain in full force and effect.
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DEP Contract No. GC690, Page 12 of 13
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.
Agenda It8m No. 16C 1
March 24, 2009
Pag8 18 of 26
ENTIRE AGREEMENT
It is hereby understood and agreed that this Contract states the entire agreement and that the
parties are not bound by any stipulations, representations, agreements, or promises, oral or otherwise, not
printed in this Contract. This Contract may be modified by written amendment executed by the parties
hereto.
/?
-R B'"
;Y~iile
COLLIER COUNTY BOARD OF
COUNTY COMMISSIONERS
Collier County Pollution Co rol
and Preventio partm
FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
Systems
J4{1f
J-&3eSc;oletta
. <~ -
;\ Chai . 'all
Date:;:~/~ 6".0
. I . ...
ATTE~J DfiiGlli '~~J}RO~, CLERK
BY:~.<.."",!'...' . /;r~
Atte~f:as..~
dgnat\hlf"{;1~ly~
frt\J ~n1rr56'~
Marshall Mott- mith, D Contract Manager
Approved to form & legal sufficiency
d~;n W~
Assiutant County Attorney
DEP~~A~r
Approved as to formllegality:
~. i...A'^"- l~-
DEP ssistant General Counsel
"For contracts with governmental boards/commissions: If someone other than the Chairman signs this
Contract, a resolution, statement or other document authorizing the person to sign the Contract on behalf
of the CONTRACTOR must accompany the Contract.
List of Attachments included as part of this Contract:
Attachment
Description (include number of paoes)
Attachment A
Attachment B
Attachment C
Standard Contract Definitions (5 pages)
Task Assignment Notification Form (1 Page)
Property Reporting Form (1 Page)
DEP Contract No. GC690, Page 13 of 13
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Agenda Item No. 16C1
March 24, 2009
Page 19 of 26
ATTACHMENT A
STANDARD CONTRACT DEFINITIONS
STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
Storage Tank Program
Contractor
Clean Closure Review Letter
A letter sent by the contractor to storage tank system owners notifying them that their Closure
Assessment Report has been reviewed and that no cleanup is required based on the data submitted.
Cleanuo Notification Letter
A letter sent by the contractor based on the review of Closure Assessment Reports or Discharge
Inspections informing owners of their responsibility to proceed with a cleanup of their site in accordance with
Chapter 62-770, FAC., or wait for Department authorization to proceed with cleanup in accordance with
Section 376.30711, Florida Statues (F.S.)
Closure Event
The closure of a tank(s} or component(s} from a single excavation or location (Aboveground Storage
Tank) during a continuous time period.
Closure Insoection
An inspection performed during or after a storage tank system closure event in order to determine if
the system was closed in accordance with Department rules. Additional site visits may be needed to
complete the closure Inspection form for a closure event. No compiiance inspection will be performed at a
closed facility after a closure inspection.
Comolaint
An expression of dissatisfaction received by DEP or local government personnel from a person who
is concerned about a storage tank system installation, removal, operation, or contamination situation.
Comolaint Investioation
Ail work associated with responding to verbal or written complaints and inquiries including the
investigation and reporting of possible violations of storage tank system rules and suspected reieases. The
contractor shall conduct complaint investigations for any complaints received from any source or as
requested by the Department. The investigation should include a complete and thorough Chapter 62-761
and 62-762, FAC. inspection for regulated facilities as appropriate. Inspections of regulated and
unregulated facilities should be conducted using the FIRST system.
Comolaint Referrai
If it is determined to be beyond the scope of authority of the contractor, a complaint may be referred
to the Department District Office or other appropriate agency. The referrals shall include copies of all forms
and documented findings of the investigation as required by the Department.
Comoliance Verification Prooram
A locally administered program for the inspection of storage tanks as authorized in 376.303(1 }(a) F.S.
The purpose of this program is to determine and enforce compliance with Chapter 62-761, FAC.
DEP Contract No. GC690, Attachment A, Page 1 of 5
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Agenda Item No. 16C1
March 24, 2009
Page 20 of 26
Compliance withoul Enforcement (CWOEl
A return to full compliance without formal enforcement. Full compliance can be verified through a re-
inspection, closure or installation inspection, receipt of records in the county office, or the receipt of any other
information, through the mail, during a meeting, or a site visit, that indicates a facility, previously determined
to be out-of-compliance is now in-compliance. Once a case has been referred to the Department's District
Office for formal enforcement, it is no longer a CWOE.
Contractor-owned Facilitv
A regulated facility owned or directiy controlled by the local county government (the Contractor),
Discharae Inspection
An inspection performed by the contractor as a result of a notification of a discharge from a regulated
facility or a potentially regulated facility. A compliance inspection where a discharge is initially noted will only
be counted as a compliance inspection and a Discharge Report Form inspection would not be required. A
discharge discovered at any other time would require a separate inspection within ten (10) working days of
reporting.
Ecosvstems Manaaement and Restoration Trust Funds
Any fund with disbursements made in a manner consistent with the intent of Section 403.1651,
Florida Statutes.
Environmental Specialist I
Ar Environmental Specialist I must have:
-A bachelor's degree from an accredited college or university with a major in one of the physical or
natural sciences or engineering; or
-A master's degree from an accredited college or university in one of the physical or natural sciences
or engineering; or
-Professional experience in environmental protection, regulation or health; one of the physical or
natural sciences; or engineering can substitute on a year-for-year basis for the required college
education.
Note: Substitutions for qualified personnel can be made at the written discretion of the Department
based on the tenure of professional experience in a directly related field.
Environmental Specialist II
An Environmental Specialist II must have:
-A bachelor's degree from an accredited college or university with a major in one of the physical or
natural sciences or engineering and two years of professional experience in environmental
protection, regulation or health; one of the physical or natural sciences; or engineering; or
-A master's degree from an accredited college or university in one of the physical or natural sciences
or engineering and one year of professional experience as described above; or
-A doctorate degree from an accredited college or university in one of the physical or natural sciences
or engineering; or
-One year of experience as an Environmental Specialist I with the State of Florida; or
-Professional experience in environmental protection. regulation or health; one of the physical or
natural sciences; or engineering can substitute on a year-for-year basis for the required college
education.
DEP Contract No. GC690, Attachment A, Page 2 of 5
.
.
Agenda Item No. 16C1
March 24, 2009
Page 21 of 26
Note: Substitutions for qualified personnel can be made at the written discretion of the Department
based on the tenure of professional experience in a directly related field.
Environmental Soecialist III
An Environmental Specialist III must have:
-A bachelot's degree from an accredited college Dr university with a major in one of the physical or
natural sciences or engineering and three years of professional experience in environmental
prolection, regulation or health; one of the physical or natural sciences; or engineering; or
-A master's degree from an accredited college or university in one of the physical or natural sciences
or engineering and two years of professional experience as descrioed aoove; or
-A doctorate degree from an accredited college or university in one of the physical or natural sciences
or engineering; or
-Two years of experience as an Environmental Specialist I or higher with the State of Florida; or
-Professional experience in environmental protection, reguiation or health; one of the physical or
natural sciences; or engineering can suostitute on a year-for-year oasis for the required college
education.
Note: Substitutions for qualified personnel can be made at the written discretion of the Department
based on the tenure of professional experience in a directly related field.
Environmental Supervisor II
AIl Environmental Supervisor II must have:
.-...--.,
-A oacheior's degree from an accredited college or university with a major In one of the physical or
natural sciences or engineering and three years of professional experience in environmental
protection, regulation or health; one of the physical or natural sciences; or engineering; or
-A master's degree from an accredited college or university in one of the physical or natural sciences
or engineering and two years of professional experience as descrioed aoove; or
-A doctorate degree in one of the physical or natural sciences or engineering; or
-Two years of experience as an Environmental Specialist I or higher with the State of Florida; or
-Professional experience in environmental protection, regulation of health; one of the physical or
natural sciences; or engineering can substitute on a year-for-yeat basis for the required college
education.
AIl Environmental Supervisor II must supervise at least two professional environmental positions to be
classified as an Environmental Supervisor II. If this criterion is not met, the position must be classified as an
Environmental Specialist III (see requirements aoove).
Note: Substitutions for qualified personnel can be made at the written discretion of the Department
based on the tenure of professional experience in a directly related field.
Florida Insoection ReportinQ of StoraQe Tanks (FIRST)
FIRST is an information gathering application utilized by inspeclors in the field to input data on the
conditions of any facility state-wide? The information is collected oy the inspectors in all 67 counties using a
laptop computer and then transferred to Tallahassee via the internet multiple times daily.
~-
DEP Contract No. GC690, Attachment A. Page 3 of 5
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Agenda Item No. 16C1
March 24, 2009
Page 22 of 26
Installation Inspections
The initial inspections performed at new facilities at the time of installation in order to determine if the
storage systems will be installed in accordance with Department rules.
Level 1 Enforcement
The minimum level of enforcement responsibility that a local government must perform as
part of the Compliance Verification Program. The Department has the responsibility for the lead in
enforcement actions. The contractor shall follow department enforcement guidelines and updates
thereto as specified in the DEP Enforcement Manual. The contractor is responsible for:
1. Issuing Noncompliance and Warning Letters.
2. Conducting or participating in informal compliance or technical meetings with
owner/operators to resolve violations.
3. Documentation of phone calls, meetings, etc., to prepare enforcement referrals to the
Department.
4. On site inspections and re-inspections.
5. Testifying at hearings, witnessing as requested.
Level 2 Enforcement
The highest level of enforcement for a contracted local government where the contractor has the
enforcement lead and enforcement is carried out under the contractor's ordinance. The contractor must also:
1, Take the lead in the discovery process.
2. Be responsible for judicial remedies, including the determination of civil penalties, injunctive
relief, and assessment of damages.
3. Complete Consent Orders, Notices of Violation, and Final Orders.
4. Perform post judgment enfotcement activities.
5. Obtain inspection warrants as needed.
Non-comoliance Letter
A letter sent to a facility owner/operator after discovery of a violation or problem at a facility.
Public Assistance
Public assistance includes all work related to providing technical, regulatory and other information to
citizens, government officials, associations, planning councils, and consultants in order to implement the
storage tank program for above and underground storage tank systems. Examples include rule interpretation
meetings or calls, speeches, presentations, and meetings with local officials.
Regulated Chapter 62-761 and 62-762, FAC. Facilities
A regulated facility, which has at least one storage tank system that stores a regulated substance that
is either in-service, temporarily out-of-service, or unmaintained, and includes federal facilities.
Reaistered Imorooerlv Closed Facility
A facility with one or more storage tank systems, which have been registered as being closed; where
there is no information or confirmation regarding the closure. If there are regulated active tanks at this facility
it should be counted under the regulated (Chapter 62-761 and 62-762, FAC.) facilities category. These
facilities should only be inspected once and are normally only counted during the first contract year if
applicable.
DEP Contract No. GC690, Attachment A, Page 4 of 5
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Agenda Item No. 16C1
March 24, 2009
Page 23 of 26
/...-~
Re-inspection
A follow-up inspection performed by the contractor to verify correction of noncompliance items
requiring verification at the site for storage tank system rules. Re-inspections are required for all violations
identified as having a moderate or major potential for harm to the environment and moderate or major extent
of deviation from the regulations, as references in the Storage Tank Penalty Guidelines and Assessments
Memo. All violations, regardless of severity involving notification or reporting will not require are-inspection.
Routine Compliance Inspection
An inspection performed at a Chapter 62-761 Ot 62-762, FAC. regulated facility during the contract
period, for which a Storage Tank Facility Compliance Report Inspection Form has been completed. Routine
compliance inspections do not include enforcement-reiated re-inspections.
1. Unreoistered Facility Compliance Inspection
A routine compliance inspection conducted at a site that contains one or more
petroleum storage systems that are regulated under Chapter 62-761 or 62-762, FAC.
and has not been registered with DEP as a regulated facility.
Secretarv Specialist
One year of secretarial or office clerical experience and attainment of a typing score of at least 35
correct words per minute on the typing test administered by an office of the Job Service of Florida, the state
employment service of another state, or the central personnel agency of anolher state. Possession of a
Certified Professional Secretary Certificate; or College education can substitule at the rate of 30 semester or
45 quarter hours for the year of required experience; or Vocational/technical training in the area of secretarial
.-, science or office/business studies can substitute at Ihe rate of 720 classroom hours for the year of required
work experience; or A high school diploma or its equivalent can substitute for the one year of work
experience.
Warnino leller
A formal letter sent certified mail to a facility owner/operator when violations have not been resolved
as a result of a noncompliance letter or if the violation merits more stringent enforcement. These letters
should follow a format approved by DEP's Office of General Counsel.
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/-
DEP Contract No. GC690, Attachment A, Page 5 of 5
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Agenda Item No. 16C1
March 24, 2009
Page 24 of 26
Attachment B
Florida Department Of Environmental Protection
Task Assignment Notification Form for Collier County
Contract No. GC
Task No.
Amendment No.
Date
Performance Period: Effective the date of execution of this Task Assignment or July 1,
whichever is later, and shall remain in effect until June 30,
Description: (Additional Pages May be Utilized)
Payment Schednle:
Task Managers:
DEP Task Manager:
Phone:
Contractor Task Manager:
Phone:
Authorization:
DEP Contract Manager
Date
Contractor's Contract Manager
Date
DEP Budget Representative
Date
Funding:
Org. Code
137
137
IE.O. IObiect Code [Module
I I I
I I I
ISoecial Categoryl
I I
I I
Year I Amount
1$
1$
Notes:
CC: DEP Procurement Section (MS 93)
Finance & Accounting, Contracts Disbursement Section (MS 78) - 2 Copies
DEP Task Manager
Contractor Task Manager
DEP Contract No. GC690, Attachment B, Page 1 of 1
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Agenda Item No. 16C1
March 24, 2009
Page 26 of 26
DEP CONTRACT NO. GC526
AMENDMENT NO.4
THIS CONTRACT as entered into on the 1" day of October, 1997, and amended on the 3" day of August,
1999, the 31" day of July, 2001, and on the 8~ day of June, 2004, between the FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION (hereinafter referred to as the "Department" or "DEP") and the COLLIER
COUNTY BOARD OF COUNTY COMMISSIONERS (hereinafter referred to as the "CONTRACTOR") is hereby
amended.
WHEREAS, the Department desires to have all of its County Compliance Verification Program Contracts run
parallel to the state fiscal year of July I through June 30; and,
WHEREAS, a new Contract is being executed with the COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS which will run parallel with the state fiscal year; and,
WHEREAS, both parties are in agreement that this Contract should be terminated.
NOW, THEREFORE, the Contract is hereby amended as follows:
The TERM OF CONTRACT section is hereby revised to change the completion date of the Contract to June
30, 2007.
In all other respects, the Contract of which this is an Amendment, and attachments relative thereto, shall
remain in full force and effect.
IN WITNESS WHEREOF, the parties have caused this Amendment to be duly executed the day and year last
written below.
COLLIER COUNTY BOARD OF
MY COMMISSIONERS
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(_~Itle: '. Jam~:" c~~~~~a 11M
Date: CHA~~N ~~,21107
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ATTEST D~IGid:-~.B~~SK,~ERK
BY: . ''U''
Attest as t6';C' an signature only
FLORIDA DEPARTMENT OF
ENVIRONMENTALPROTEC
Date:
.J11~ !i:1l~ I~
Marshall Mo -SmIth. DEP Contract Manager
as to f rm & legal sufficiency
Qrll ~~
DEP Contracts Adminis r
Approved as to form and legality:
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DEP Contract No. GC526, Amendment No.4, Page I of I