Broward County Commission Regular Meeting
Director's Name: Leonard Vialpando
Department: Public Works and Environmental Services
Division: Environmental Permitting Division
Information
Requested Action
title
MOTION TO APPROVE Amendment No. 3 to Contract No. GC920 (“Contract”) between the Florida Department of Environmental Protection (FDEP) and Broward County for inspections at State-regulated storage tank facilities within Broward County, increasing the maximum compensation amount of the Contract from $4,309,477 to $5,669,539; and authorize the Mayor and Clerk to execute same.
body
Why Action is Necessary
Section 125.01(1)(p), Florida Statutes, authorizes the Board to enter into agreements with other governmental agencies. Board action is required to approve Amendment No. 3 to increase the funds, to accept additional revenue, and to recognize it within the Compliance Verification Fund of the Public Works and Environmental Services Department.
What Action Accomplishes
This action will increase State funding to Contract No. GC920, which provides for the appropriation and expenditure of annually allotted funds to compensate Broward County for the performance and oversight of compliance verification inspections and associated follow-up and enforcement activities.
Goal Related Icon(s)
☒County Commission
☐Go Green
☐MAP Broward
Previous Action Taken
None taken.
Summary Explanation/Background
THE PUBLIC WORKS AND ENVIRONMENTAL SERVICES DEPARTMENT AND THE ENVIRONMENTAL PERMITTING DIVISION RECOMMEND APPROVAL OF THE ABOVE MOTION.
This item supports the County’s goal of “Ensuring accessible, seamlessly integrated investments in renewable energy, sustainable practices, manufacturing, resilient infrastructure, and environmental protection.”
Approval of this item will ensure the continued implementation of Contract No. GC920 (“Contract”) for the continued oversight of State-regulated storage tank facility inspection activities within Broward County on behalf of the State. Work under the Contract is assigned via annual Task Assignments, and the Contract also authorizes the Florida Department of Environmental Protection (“FDEP”) to use performance incentives in their Task Assignments.
On June 6, 2017 (Item No. 22), the Board approved Contract No. GC920 between Broward County and FDEP to provide for the performance of inspection activities at State-regulated storage tank facilities within Broward County, effective July 1, 2017, through June 30, 2027.
On August 14, 2018 (Item No. 39), the Board approved the Amended and Restated Contract (ARC) No. GC920 to update guidance documents and maintain the Contract’s effective dates.
On May 7, 2019 (Item No. 25), the Board approved Amendment No. 2 to the Contract to allow for FDEP training and travel cost reimbursement, Scope of Work amendments, guidance document revisions, and other miscellaneous administrative changes. Amendment No. 2 further clarified that FDEP payments to the County are on a combination fee-schedule/cost-reimbursement basis not to exceed $4,309,477 (as previously approved by the Board), including cost reimbursement not to exceed $40,000 for incidental training and travel costs; that Broward County will not inspect its own facilities under this Contract; and that FDEP may update or amend guidance documents, as needed.
Contract No. GC920 is set to expire on June 30, 2027, and the funds originally allotted are being depleted. Accordingly, the FDEP has determined that it is necessary to increase funding by $1,360,062.39 to maintain implementation of the Contract through its expiration date. Amendment No. 3 (Exhibit 1), if approved, will align the Contract’s overall funding with the State’s allotted annual Task Assignments’ funding through June 30, 2027. Prior to June 30, 2027, Broward County will negotiate the terms of a new contract with the State to provide for continued oversight of State-regulated storage tank facilities within Broward County on behalf of the State.
Amendment No. 3 has been reviewed and approved for legal sufficiency by the Office of the County Attorney. The Office of the County Attorney has confirmed that review of the Amendment by Risk Management is not required as none of the risk provisions were modified. As the County is a recipient of funds from a State agency under the Contract, the Agreement, as amended, does not include the County’s standard provisions, as FDEP requires the County to use a State form agreement and amendment template.
Source of Additional Information
David Vanlandingham, Director, Environmental Permitting Division, (954) 519-1478.
Fiscal Impact
Fiscal Impact/Cost Summary
There is no cost to the County; revenue provided by this Contract pays for all Contract-related costs. Under the Contract, revenue is allotted annually under each Task Assignment and received in monthly payments. The total value of Amendment No. 3 is $1,360,062, as determined by the State.