THE ENVIRONMENTAL PROTECTION AND GROWTH MANAGEMENT DEPARTMENT AND THE ENVIRONMENTAL AND CONSUMER PROTECTION DIVISION RECOMMEND APPROVAL OF THE ABOVE MOTION.
Approval of this item authorizes execution of ARC No. GC920 between the FDEP and Broward County, permitting 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. The contract also authorizes the FDEP to use performance incentives in their task assignments.
On June 6, 2017, the Board approved Contract No. GC920 between Broward County and the FDEP (Item No. 22), to provide for the performance of inspection activities at State-regulated storage tank facilities within Broward County. Contract No. GC920 became effective July 1, 2017 through June 30, 2027. The State has now decided to Amend and Restate the contract to facilitate updating contract guidance documents. The ARC No. GC920 has been reviewed and approved as to form by the Grant Office and the Office of the County Attorney.
Because the County is the recipient of funds from a state agency under this Contract, the County’s standard form agreement provisions are not included. In particular, the ARC No. GC920, like the original contract No. GC920, contains the following language on page 1 of Exhibit 2; "2. E. Department reserves the right to not authorize any Work, and may suspend or terminate for cause any Work assigned to Contractor under this contract, if and in the event that Department and Contractor (or any of its affiliates or authorized subcontractors) are adverse in any litigation, administrative proceeding or alternative dispute resolution, until such adverse relationship is resolved either by agreement or by final non-appealable order of a court.” |