CN-370000-GC896-T9.pdf

Funding Information:

Org. Code E.O. Object Code Budget Entity Appropriation

Category Grant # Project # Year Amount

☐ Additional Funding Information attached on separate page.

Rev. 8/26/2020

STATE OF FLORIDA

DEPARTMENT OF ENVIRONMENTAL PROTECTION

Task Assignment This Task Assignment (TA) is entered into between the Parties named below, pursuant to Contract Number: .

1. TA Number: TA Completion Date:

TA Description:

2. Parties State of Florida Department of Environmental Protection (Department)

Department Project Manager: Department Project Manager Phone:

Contractor Name: (Contractor ) ntractor’st ’s Project Manager: ontractor’s t’s Project Manager Phone:

3. Project Number:

(If different from TA Number)

Project Location(s):

Project Name:

4. As consideration for the services rendered by Contractor under the terms of this TA, the Department shall pay the Contractor on the following bases, up to the Total TA Value as indicated below:

☐ Fixed Price:

☐ Fixed Unit Rate: (Extended Price)

☐ Cost Reimbursement:

Total TA Value:

5. The Parties agree to comply with the terms and conditions of the underlying the Contract, and the following attachments which are hereby incorporated by reference:

Attachment 1:

☐ Additional Attachments (if necessary):

IN WITNESS WHEREOF, this TA shall be effective on the last date signed below.

State of Florida Department of Environmental Protection

CONTRACTOR Department Name:

Title: Secretary or Designee

(Authorized Signature) (Authorized Signature) Date:

☐ Additional signatures attached on separate page.

GC896

9 Completion June 30, 2025

Palm Beach County Board of County Commissioners will provide site management service in accordance with Attachment C.

Nicole Mitchell (850) 245-8885 Contractor Contractor

Contractor Contractor

Contractor Contractor

Contractor

Palm Beach County Board of County Commissioners

Palm Beach County Board of County Commissioners

Deborah Drum (561) 233-2400

GC896-TA9

2300 N. Jog Road West Palm Beach, Florida 33411

Petroleum Contamination Cleanup Management

✔ $ 624,008.00

$ 624,008.00

Scope of Work

Deborah Drum

LP Contract Manager Digitally signed by Deborah Drum DN: DC=org, DC=pbcgov, OU=Enterprise, OU=ERM, OU=Users, CN=Deborah Drum, E= DDrum@pbcgov.org Reason: I am approving this document Location:

Date: 2024.06.21 12:11:48-04'00' Foxit PDF Editor Version: 12.1.0

Deborah Drum

Jessica Kramer, Deputy Secretary

Jessica Kramer Digitally signed by Jessica Kramer Date: 2024.06.25 15:09:43 -04'00'

450401000 JN 131545 37450300 104138 GC896 00 $ 620,741.00

450401000 JM 751002 37450300 050840 GC896 00 $ 3,267.00

SAStone Typewriter Approved as to form and legal sufficiency:

/s/ Scott A. Stone Assistant County Attorney

ATTACHMENT C

DEP Attachment C, Page 1 of 3

Task Assignment No. 9 (07/01/2024 – 06/30/2025) A. Tasks

Local Program performs all work as specified in Attachment A of the Contract GC896.

B. Performance Measures

Department Contract Manager shall review deliverable documentation to ensure that work has been performed as specified in the Scope. The Department Contract Manager will notify the Local Program of acceptance or any deficiencies in the work and/or deliverables. The Local Program will be given an opportunity to remedy deficiencies at no additional cost to the Department. In addition, the Department Contract Manager will perform a detailed performance analysis to determine retainage release on a monthly basis, per Paragraph D below.

C. Compensation

Fixed costs include all expenses associated with vehicle operation and maintenance, lease, or rental (including vehicle maintenance cost for field visits and operation and maintenance (O&M) inspections; all travel costs associated with Department training and/or meetings with Department representative(s) within Florida) all costs for staffing, including salaries, fringe benefits, rent, utilities, any overhead and indirect expenses; general administrative expenses and all other costs related to the performance of the work specified in the Attachment A of the Contract and this Task Assignment.

1. Level of Effort.

If the Local Program has been assigned more than one site (discharge) at a source property, the Local Program will only be compensated for the site with the highest level of effort.

a. Retainage will be withheld as specified in Paragraph D for the following activities:

i. The Local Program will be compensated at a rate of $3,820.00 per source property per year in planning phase (site assessment (SA), including interim source removal, and remedial action plan

(RAP)).

ii. Remediation phase (remedial action construction (RAC), operation and maintenance (O&M) and source removal (SR)); because more effort is expected and required in managing sites in these phases, source properties with sites in remediation phase will be compensated at a rate of $7,640.00 per year for the first two (2) years after a RAP Approval Order, UIC Approval Order, or County-issued approval letter, if no Order is required, is issued for a Level 1 or Level 2 RAP or a Level 4 Limited Scope RAP or RAP Modification Plan (as defined in Attachment B of the Contract), and $3,820.00 after the first two (2) years. For a Level 1, 2 or 3 Limited Scope RAP or RAP Modification Plan (as defined in Attachment B of the Contract) the source property will be compensated at a rate of $7,640.00 for one (1) year after a RAP Approval Order, UIC Approval Order or County-issued approval letter if no Order is required, is issued, and $3,820.00 for subsequent years. This includes SRs (not interim source removals under SA) which will be paid at $7,640.00 for one (1) year and $3,820.00 for subsequent years.

iii. Sites in monitoring phase (natural attenuation monitoring (NAM), post active remediation monitoring (PARM), long term natural attenuation monitoring (LTNAM), and well abandonment for site closure (WASC)); because minimal effort is expected and required for sites in this phase, the Local Program will be compensated at a rate of $2,292.00 per year.

iv. Non-Program and Voluntary Cleanup sites: The Local Program will be compensated at 75% of the level of effort cost as described above.

DEP Attachment C, Page 2 of 3

2. Performance Incentives

a. In order to encourage more efficient site cleanup, and in addition to the fixed cost payments, the Local

Program shall be paid an additional target payment of $500.00, when the following is completed at a site:

A Site Rehabilitation Completion Order (SRCO) per Chapter 62-780.680, F.A.C., or Low Score Site Initiative No Further Action Approval Order per Section 376.3071(12), F.S., is issued, but only if the order is submitted to the Department within 60 calendar days of the approval of the no further action proposal or well abandonment report, whichever is later. The number of discharges listed in a SRCO should correspond with the number of discharges listed in the no further action proposal. For example, if multiple discharges were proposed for no further action in a report, only one SRCO shall be submitted.

b. 2% PERFORMANCE INCENTIVE PAYMENT MAXIMUM -The maximum amount that can be paid annually is 2% of the total source property compensation amount, even if more performance incentives are met. Performance incentives must be billed for on the invoice for the month they are achieved.

3. Cost reimbursement: No cost reimbursement will be made under this Task Assignment.

D. Financial Consequences

No payment will be made for unsatisfactory work. In addition, retainage will be withheld in the amount of 4% of 1/12 of the total source property compensation.

Retainage

1. 4% of 1/12 of total source property compensation will be withheld as retainage each month.

2. Based on the level to which performance measures are met, up to one hundred percent (100%) of the retainage will be released the month after the invoice is submitted. Performance for purposes of obtaining the one hundred percent (100%) retainage is based on the following four (4) performance measures:

a. Performance Measure 1: Turnaround times for deliverable reviews – Percentage of deliverable reviews that met turnaround times as reported in Storage Tank Contamination Monitoring database (STCM) (Attachment T of Contract).

b. Performance Measure 2: Document correctly and timely inserted into OCULUS (Paragraphs A.1.e., A.1.f, A.1.g.iii, A.1.h, A.1.i., and A.1.m. of Attachment A) and data entry correctly and timely updated in STCM (Paragraphs A.1.a., A.1.e, A.1.i., and A.1.l. of Attachment A) – based on a review by the Department of a percentage of documents reported on the invoice and correctly and timely updated in STCM and correctly and timely inserted in OCULUS. The overall percentage will be extrapolated from the Department’s review;

c. Purchase Order (PO) Turnaround Times – monthly average of days between a site manager starting the Schedule of Pay Item (SPI) and the PO issue date, as reported in STCM. A monthly average of 32.0 days or less will be considered a performance metric of 100%, a monthly average of 32.1 to 35.0 days will be considered a performance metric of 75%, a monthly average of 35.1 to 38.0 days will be considered a performance metric of 50%; and a monthly average of greater than 38.0 days will be considered a performance metric of 0% and;

d. Performance Measure 4: Performance Measure 4: Contractor Performance Evaluation (CPE) Completion Rates – the monthly percentage of work orders that require a CPE (but a final invoice was paid on or after January 1, 2017 and not more than 30 days from the date of the contractor invoice approval) divided by total of all work orders that require a CPE (but a final invoice was paid on or after January 1, 2017).

3. Performance Measures: Monthly Retainage Release Schedule

a. The percentage calculated for each of the above four performance metrics (Paragraph 2a through 2d) will be averaged, and that average will be used to determine how much retainage will be released;

DEP Attachment C, Page 3 of 3

b. If the average of the four monthly performance metrics is 90% or above, then 100% of withheld retainage will be released the following month;

c. If the average of the four monthly performance metrics is at least 80%, but less than 90%, then 75% of withheld retainage will be released the following month and 25% of the withheld retainage will be forfeited.

d. If the average of the four monthly performance metrics is at least 70%, but less than 80%, then 50% of withheld retainage will be released the following month and 50% of the withheld retainage will be forfeited.

e. If the average of the four monthly performance metrics is below 70%, then 0% of the withheld retainage will be released the following month and 100% of the withheld retainage will be forfeited and a corrective action plan will be required.

E. Budget Summary

The total Task Assignment (TA) amount for TA #9 of DEP Contract No. GC896 is $624,008.00. The Local Program will be paid an annual fixed cost of $611,773.00 for petroleum cleanup site management of 167 source properties.

Additional funds are considered in this Task Assignment for compensation associated with the completion of Performance Incentives (see Paragraph C.2., above). However, the actual payment amount may be less than the Task Assignment amount, based on the Local Program’s performance.

1. Payments for each month can range from 96% to 102% of 1/12 of the total source property compensation amount.

2. SRCOs that are issued during the Task Assignment period do not reduce the total source property compensation amount for this Task Assignment.

3. If the number of source properties worked on during the Task Assignment period ranges between 90% and 110% of source properties assigned, the total Task Assignment amount will not be increased or reduced. If less than 90% of source properties assigned were worked on during the Task Assignment period, the level of effort costs associated with the source properties not worked on (below the 90% threshold) will be returned to the Department within sixty (60) calendar days of the Department’s request for return of funds. If the number of additional source properties assigned during the Task Assignment period exceeds 110% of source properties assigned, a Task Assignment Change Order may be issued to provide compensation for the increased number of source properties (exceeding 110%) if the Local Program makes a written request.

Sites assigned to the Local Program after April 30, 2025, will be excluded in the 90% to 110% calculation if they are not worked on during the task assignment period.

F. The Task Assignment Notification Form and Task Assignment Change Order Form as attached to the Contract are hereby deleted. All Task Assignments and Task Assignment Change Orders shall be executed on the Department’s latest Task Assignment and Task Assignment Change Order forms, copies of which are available from the Department’s Contract Manager.