Broward County Commission Regular Meeting

MOTION TO APPROVE Contract No. GC920 between the Florida Department of Environmental Protection (FDEP) and the Broward County Board of County Commissioners in the amount of $4,309,477 to continue providing inspections at State regulated storage tank facilities within Broward County, for which expenditures are fully funded by the State, effective July 1, 2017 through June 30, 2027; to authorize the Mayor and Clerk to execute same; to authorize the Contract Manager to execute subsequent annual and other task assignments as required throughout the term of the contract; and to authorize the County Administrator to make the necessary administrative and budgetary actions to implement the contract.

ACTION:  (T-10:28 AM)  Approved.
 
VOTE: 8-0.  Commissioner LaMarca was not present.

In accordance with Broward County Code, Chapter 1, Section 1-20, Broward County Board of County Commissioners action is necessary to accept additional funding and to recognize it within the Compliance Verification Contract Fund.

This action will replace Contract No. GC691 with Contract No. GC920, which compensates Broward County for the oversight of inspections at State regulated storage tank facilities in Broward County over the next ten years.

THE ENVIRONMENTAL PROTECTION AND GROWTH MANAGEMENT DEPARTMENT AND THE ENVIRONMENTAL AND CONSUMER PROTECTION DIVISION (ECPD) RECOMMEND APPROVAL OF THE ABOVE MOTION.

This item supports the County's value of "Encouraging investments in renewable energy, sustainable practices and environmental protection" and Goal 1: Seek funding for, implement policies and pursue projects promoting environmental protection.

Approval of this item authorizes execution of Contract No. GC920 between the FDEP and Broward County, permitting ECPD to continue 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 FDEP to use performance incentives in their task assignments.

On June 5, 2007, the Board approved Contract No. GC691 between Broward County and the FDEP (Item No. 25), to provide for the performance of inspection activities at State regulated storage tank facilities within Broward County. Because Contract No. GC691 is set to expire on June 30, 2017, it is now necessary to approve its replacement, Contract No. GC920, effective July 1, 2017 through June 30, 2027. Contract No. GC920 has been reviewed by Risk Management and approved as to form by the Office of the County Attorney (Exhibit 2).
 

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, 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 or any other 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.”

 

Jeffery Halsey, Director, Environmental and Consumer Protection Division, 954-519-1468