CN-370000-GC928-A2.pdf

OOO-012 (Effective 09-14-2015) Page 1 of 2

Florida Department of Environmental Protection

TASK ASSIGNMENT CHANGE ORDER FORM

Required Signatures: Adobe Signature

Task Assignment Number: __________________ Date: _______________ Change Order No.______________

Contractor Name: _________________________________________________________________

Contractor Representative: __________________________________________________________

DEP Contract Manager:

Description of Change (Use additional sheets if necessary):

Change in Task Amount

Item Cost Reimbursement Fee Schedule Total Original Task Amount:

Task amount prior to this change order:

Net increase/decrease in task amount:

Task amount with all change orders:

Change in Task Time

Original task completion date:

Completion date prior to this change:

Net increase/decrease in task period:

Completion date with all change orders:

GC928-4 07/19/2017 1

CITRUS COUNTY

Glenn W. Bryant

Roger Ruiz

Updated Attachment A - Scope of Work

$34,610.00

06/30/19 06/30/19

06/30/19

OOO-012 (Effective 09-14-2015) Page 2 of 2

Florida Department of Environmental Protection

TASK ASSIGNMENT CHANGE ORDER FORM

Change in Funding Information

Org. Code E.O. Object Code Budget Entity

Special Category

Grant # Year Amount

CONTRACTOR FLORIDA DEPARTMENT OF

ENVIRONMENTAL PROTECTION

Contract Manager Date Contract Manager Date

APPROVED:

Budget Representative Date

Contractual Authority Date cc: Procurement Section (MS93) Bureau of Finance & Accounting (MS78) - 2 copies

37450104000 JD 132500 37450300 100029 00 $ 34,610.00

Digitally signed by Glenn W_ Bryant DN: C=US, OU=EPH, O=FL DOH Citrus, CN=Glenn W_ Bryant, E=glenn.bryant@flhealth.gov Reason: I am approving this document Location:

Date: 2018-08-02 09:35:11

Glenn W_ Bryant Fletcher Herrald Digitally signed by Fletcher Herrald

Date: 2018.08.02 10:15:22 -04'00'

Jennifer Vickers Digitally signed by Jennifer Vickers Date: 2018.08.02 13:26:45 -04'00'

Tim J. Bahr Digitally signed by Tim J. Bahr Date: 2018.08.02 15:26:32 -04'00'

DEP Contract No. GC928, Page 1 of 7

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. GC928, Page 2 of 7

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. GC928, Page 3 of 7

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. GC928, Page 4 of 7 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. GC928, Page 5 of 7

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.

https://floridadep.gov/waste/permitting-compliance-assistance/content/compliance-contracts https://floridadep.gov/waste/permitting-compliance-assistance/content/compliance-contracts

DEP Contract No. GC928, Page 6 of 7

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&[guid=11.3384454.1]&[profile=DWM Historical Repository]

C. Guidance Document C1----- 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 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).

https://depedms.dep.state.fl.us/Oculus/servlet/shell?command=getEntity&%5bguid=11.3384454.1%5d&%5bprofile=DWM%20Historical%20Repository%5d https://depedms.dep.state.fl.us/Oculus/servlet/shell?command=getEntity&%5bguid=11.3384454.1%5d&%5bprofile=DWM%20Historical%20Repository%5d https://depedms.dep.state.fl.us/Oculus/servlet/shell?command=getEntity&%5bguid=11.3384454.1%5d&%5bprofile=DWM%20Historical%20Repository%5d

DEP Contract No. GC928, Page 7 of 7

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@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 Glenn W. Bryant, Phone 352-513-6102. 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

mailto:STR_Invoices@dep.state.fl.us