06/15/2011 AgreementDANNY L. KOLHA GE
CLERK OF THE CIRCUIT COURT
DATE: June 21, 2011
TO: Dent Pierce, Director
Public Works Division
ATTN. Beth Leto, Assistant Director
Public Works Division
FROM: Pamela G. Hanc ck, .C.
At the June 15, 2011, Board of County Commissioner's meeting, the Board granted
approval of the following:
/item C 17 Agreement with the Florida Department of Environmental Protection (FDEP)
for FDEP Site Rehabilitation Funding and fuel contamination clean up at the Key West Public
Works compound. Enclosed are three duplicate originals. Please be sure to return the fully
executed Clerk's Original, as well as the Finance Department's Copy.
Item C25 Grant Agreement from the Florida Department of Environmental Protection
(DEP) for the Consolidated Small County Solid Waste Management Grant funds in the amount
of $70,588. Enclosed are two duplicate originals (can you please advise staff that we typically
require a minimum of four duplicate originals for distribution). Please be sure to return one
fully executed original.
Item C26 Resolution No. 164-2011 authorizing the submission of the Consolidated Small
County Solid Waste Management Grant Application to the Florida Department of Environmental
Protection (DEP) for Fiscal Year 2011/2012. Enclosed is a certified copy of the Resolution and
the original Grant Application.
Should you have any questions please do not hesitate to contact this office.
cc: County Attorney
Finance
File
Florida Department of Rick Scott
Governor
Environmental Protection Jennifer Carroll
Bob Martinez Center Lt. Governor
2600 Blair Stone Road Herschel T. Vinyard Jr.
Tallahassee, Florida 32399-2400 Secretary
July 13, 2011
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
Receipt # 7006 0100 000310711902
Mr. Roy Sanchez
Monroe County Public Works Department
3583 South Roosevelt Boulevard
Key West, Florida 33040
Subject: Site Rehabilitation Funding Allocation Agreement
Monroe County Public Works Div -Key West
3583 S. Roosevelt Boulevard
Key West, Monroe County
FDEP Facility ID# 448624745
Dear Mr. Sanchez:
Enclosed is a copy of the fully executed Site Rehabilitation Funding Allocation
agreement for the non -eligible discharge that occurred on May 6,1999 at the site
referenced above. This is a copy for your records. We will maintain the original here
and apply the terms of the agreement to the ongoing cleanup of the site.
Under the terms of the funding allocation agreement, the cleanup of this site will be
conducted in priority order. The current priority score funding threshold is 49. The
priority score for this site is 10. As described in the SRFA agreement, continuation of
site cleanup is not required until the funding threshold is lowered to 10. You will be
notified to proceed with the remediation once the priority score funding threshold is
lowered to 10 or less or the site is rescored within funding range.
www.dep.state.fl.us
Mr. Sanchez
Page 2
July 13, 2011
If you have any questions please contact me at 850-877-1133, Ext. 3715, or by E-mail at
bmiller@ene.com. Thank you for your prompt response.
Sincerely,
Blake Miller
Ecology & Environment, Inc.
Petroleum Cleanup Section 6
Bureau of Petroleum Storage Systems
G
ebecca Lockenbach
FDEP Section Leader
Petroleum Cleanup Section 6
Bureau of Petroleum Storage Systems
RL/ bm
Enclosure
cc: File
ec: Erin Murphy, FDEP South District, erin.murphy@dep.state.fl.us
SITE REHABILITATION FUNDING ALLOCATION AGREEMENT
FOR A PETROLEUM CONTAMINATED SITE'WITH BOTH
ELIGIBLE AND NON -ELIGIBLE CONTAMINATION
This Site Rehabilitation Funding Allocation Agreement ("SRFAA" or "Agreement") is
entered into between the Florida Department of Environmental Protection and Monroe
County Board of Counh, Commissioners (hereinafter known as the "Parties"). The
purpose of this Agreement is to perform site rehabilitation on a cost share basis
pursuant to Section 376.30714, Florida Statutes. In consideration of the mutual benefits
to be derived herefrom, and other good and valuable consideration, the Parties hereby
agree as follows:
PARTIES
1. The Florida Department of Environmental Protection ("Department") is the
administrative agency of the State of Florida having the power and duty to protect
Florida's air and water resources and to administer and enforce the provisions of
Chapters 376 and 403, Florida Statutes (F.S.), and the rules promulgated thereunder in
Title 62, Florida Administrative Code (F.A.C.). The Department has jurisdiction over
the matters addressed in this Agreement. The Department is located at 3900
Commonwealth Boulevard, Tallahassee, Florida, 32399-3000.
?. The MonMe County Board of Count Comissioners ("Applicant") is the entity
that has assumed responsibility for the.costs to remediate the non -program eligible
contamination that is the subject of this Agreement. The Applicant's mailing address is
3583 South Roosevelt Boulevard, Kev West, Florida 33040.
BACKGROUND
3. The facility (FDEP Facilih' Identification Number 448624745) located at 3583 S.
Roosevelt Boulevard, Key West, Monroe Count, Florida and known as the Monroe
County Public Works Div -Key West (hereinafter referred to as "Site") has been found to
have petroleum contamination.
4. Petroleum contamination originating at the Site has been determined to be
eligible for restoration coverage under the Petroleum Liability and Restoration
Insurance Program ("PLRIP") with a W0,000.00 funding cap pursuant to Section
376.3072, Florida Statutes ("F.S."), for the discharge discovered on March 7, 1994
("eligible discharges").
Munroe County, Public Wort, Di, -Key W ni SRFAA
FDEP Fac- ID, 448624-745
Pap I of 7
SRFA Admimsuator /�rST__L_ Daic-6�G %.[At
5. Pursuant to Section 376.30711, F.S., the Department is authorized to provide State
funding assistance for discharges determined eligible for any of the funding programs,
based on the priority score established for the eligible discharges pursuant to Section
376.3071(5)(a), F.S., and Chapter 62-771, Florida Administrative Code ("TA.C.").
6. A discharge of petroleum products that is not eligible for State funded cleanup
was discovered on May 6, 1999 at this Site.
7. It is necessary for the Applicant, and desirable for the Department, to address the
cleanup of non -eligible discharges that have occurred at a facilith- with existing
contamination that has been determined to be eligible for State -funded cleanup.
8. It is appropriate for persons assuming responsibility for cleanup of non -eligible
discharges at facilities with eligible discharges, to share the costs associated with
managing and conducting cleanup of those discharges upon application to the
Department and in accordance With a priorih, established for such cleanup in
negotiated site rehabilitation agreements.
9. Based on the priority score of 10 established for the eligible discharge, the
cleanup shall be funded as funding becomes available within the Department's
preapproval program spending procedures.
10. The Applicant and the Department desire to enter into this Agreement in order
to share the costs of site rehabilitation as set forth below in order to effect site
rehabilitation pursuant to Sections 376.30711, 376.30714 and 376.309(2), F.S., and
Chapter 62-7 0, F.A.C.
11. Consistent with Sections 376.3071(5), 376.30711 and 376.30714, F.S., and the rules
and guidance adopted thereunder, the Department, in consultation with the Applicant
and based on the Limited Contamination Assessment Report (LCAR) dated August 18,
2010, prepared by Handex Consulting and Remediation, LLC, and the site assessment
data on file with the Department, have agreed to a funding allocation arrangement as
described in Attachment A.
DUTIES
12. if no contractor has been previously designated, pursuant to Section 376.30711,
F.S., the Applicant shall submit a Contractor Designation Form to the Department for
approval within 30 days of execution of this Agreement. If no contractor is designated
within the 30 days or if there are disputes between interested entities (i.e., responsible
part,-, applicant and current property owner), the Department will designate a State
cleanup contractor w-itiun 30 days of the Department's knowledge of the dispute.
iRFA .Admrrnstrauir A&'� ' Date 12fi//
Monfm County Public Work, Di, -Ke; Kest SRf AA
FDEP Fac 11). 44862474;
Pare 2 of I
13. The Parties shall each contract separately with a single site rehabilitation
contractor (the "Designated Contractor") to effect site rehabilitation.
14. The Applicant shall require the Designated Contractor to submit work plans and
related documents to the Department requesting approval for the site rehabilitation
strategn, pursuant to Chapter 62-770, F.A.C. The Department will review proposals and
documents promptly in accordance with the internal procedures of the Preapproval
Program, The Department will provide copies of reviews to the applicant in accordance
with the internal procedures of the Preapproval Program.
15. The Department shall issue work orders for the Department's share of the
rehabilitation costs directly to the Designated Contractor for implementation of the
approved site rehabilitation strategy. Such work orders will be effective upon execution
of each work order by the Department and the Designated Contractor. The Applicant is
further advised and understands that the Department may task a locally contracted
county with revie", of site rehabilitation documents or issuance of work orders under
this Agreement.
COST SHARE
15. The cost share allocation described in Attachment A is based on assessment data
presented by Handex Consulting and Remediation, LLC, and the historical information
on file with the Department. It is apparent the I" non -program discharge has had
minimal impact to contamination concentrations present onsite. Therefore, it has been
established that the site rehabilitation of the eligible discharge will constitute 100% of
the total cost of site rehabilitation for both the eligible and non -eligible discharge.
17. Therefore, the percentage of the cost share for the site rehabilitation of the
eligible and non -eligible petroleum discharges at the Site are as follows:
a. Applicant = 0 ro up to the PLR1P funding cap and 100 o thereafter
b. Department = 100m up to the PLRLP funding cap and 0 i, thereafter
18. During the performance of additional assessment, rernediation or monitoring,
information may come to light indicating residual contamination associated with the
previously existing (eligible) discharge and more recent (non -eligible) discharge
different from what has been assumed as the basis for the allocation of costs for the
remediation of the site. Also, the total cost to achieve site rehabilitation completion may
be determined to be different than current projections. The Parties agree to reevaluate
the funding allocation agreement at the time of approval of a Remedial Action Plan
("RAP"), major RAP Modification, or at any time during the course of site assessment,
O yl+a--LL;Y(
SRtA Administ(aiw Lkrtc
Munwr Mount) PtAblic Worts Di,-Kn W cal SRFAA
FDEP Fac. ID 4 86-14'45
Pagr 3 of 7
remediation or monitoring, if a growing disparity of cleanup time frames or costs for
the eligible and non -eligible discharges from the basis of this Agreement becomes
evident.
COVENANTS AND REPRESENTATIONS OF THE DEPARTMENT
19. The Department has made a cost -sharing commitment to pay 100% of the total
cost of site rehabilitation up to the PLRIP funding cap and 0 ro thereafter, as specified in
Paragraph 17 and Attachment A. Pursuant to Sections 376.30711 and 376,30714, F.S.,
and Paragraph 1 of this Agreement, the Department will negotiate work orders with the
Designated Contractor, and will thereby be responsible to the Designated Contractor
solely for the Department's percentage of its cost share as specified in the work orders.
Pursuant to Section 287.0582, F.S., the State of Florida's performance and obligation to
pat' under this Agreement is contingent upon an annual appropriation by the
Legislature.
20. When site rehabilitation has been completed, the Department will issue a Site
Rehabilitation Completion Order ("SRCO") for the eligible and non -eligible discharges
discovered on March 7,1994 and Mav 6,1999. The issuance of the SRCO by the
Department will complete the Department's obligation to commit funds from the
Inland Protection Trust Fund based on the eligible discharge, as well as the Applicant's
obligations except for any conditions that may be stipulated in the SRCO. If a limit to
the Department's contribution to site cleanup applies to the eligible discharge through a
funding cap, then the expenditure of the funding cap shall complete the Department's
obligation to commit funds from the Inland Protection Trust Fund based on the eligible
discharge.
COVENANTS AND REPRESENTATIONS OF THE APPLICANT
21. The Applicant specifically readopts and reaffirms the covenants and
representations made in its application. To the extent that this Agreement does not
specifically provide otherwise, the application terms and conditions, as well as the
representations and covenants of the Applicant contained in the application, are hereby
incorporated by reference.
MISCELLANEOUS
11 All activities associated with the performance of this Agreement shall be in
conformance with the provisions of Chapter 376, F.S., and Chapter 62-770, F.A.C. All
other terms and conditions, including payments by the Department of its cost share
under this Agreement, shall be construed in conformance with the provisions of
SRFA Admunsuawr"- Date
Monror County Public Works Drv-Kc, W"A SKFAA
FDEP Fac ID. 448624745
Pagr 1 o1'7
Sections 376.10711 and 376.30714, F.S. The Parties hereto agree that this Agreement
shall additionally be subject to the applicable provisions of Section 287.058, F.S.
23. In addition to the limitations set forth in Section 376.30114, F.S., the applicable
limitations and provisions governing the eligibility program referenced above as set
forth in Florida Statutes and Department rules, including co -payments, deductibles and
State funding caps, shall continue to apple. By entering into this Agreement, the
Applicant is bound by the terms of this Agreement.
24, Any notice or written communication required or permitted hereunder between
the Parties shall be considered delivered when posted by Certified Mail, Return Receipt
Requested, or delivered in person to each appropriate Park- Representative, as
designated below. The Department shall give reasonable notice (and not less than any
specifically required under this Agreement) of its inspection of documents, conduct of
audits, review of files, request for information, request for copies or otherwise relating
to the exercise of such rights as referred to in this Agreement. Part- Representatives are
as follows:
For the Department:
Charles T. Williams, Acting Chief
Bureau of Petroleum Storage Systems
Florida Department of Environmental
Protection
2600 Blair Stone Road, MS 4575
Tallahassee, Florida 32-399-2400
Phone (850) 245-8821
For the Applicant:
Authorized Representative
Monroe County Board of Countt-
Comissioners
3583 South Roosevelt Boulevard
Kev West, Florida 33040
Phone (305) 292-3�71
Each Party shall have the right to change its Representative upon 10 days written notice
to all other Parties.
25. OWNERSHIP OF EQUIPMENT. Upon completion of site rehabilitation, the
Parties shall cause an inventon• to be performed of any equipment purchased by the
Parties as part of the shared costs. The Parties shall then mutually agree upon an
appropriate division of such equipment based upon their respective proportionate
share of payment of the shared costs. During the term of this Agreement, any
equipment purchased by the Parties shall only be used at the Site that is the subject of
this Agreement or other facilities where the Parties have an executed Funding
Allocation Agreement. Equipment or machines, owned solely by a Party or purchased
or leased directly by a Party (other than a shared cost) shall remain the property of that
Party .
,,,rr��,,I� �i
SRFA Atjrnttustcatct-" Detc �i` d011
Monnte Count Pubbt Work, Do -Km Hrt SRFAA
FDFP Fac 11) 448624745
Page 5 of
26. AMENDMENTS. Any amendment to this Agreement must be in writing and
signed by the Parties.
2i. ASSIGNMENT. This Agreement shall not be assigned by any Part without
prior written consent of the non -assigning Parties.
28. CHOICE- OF LAW/FORUM. The Parties hereby agree that the law-, of the State
of Florida shall govern any and all actions or disputes arising out of this Agreement;
and anv such actions shall be brought in Leon Counh , Florida.
1) . It is hereby understood and agreed that this Agreement states the entire
agreement and understandings between the Parties, and that the Parties are not bound
by any stipulations, representations, agreements or promises,, oral or otherwise, not
printed in this Agreement or referenced in this agreement.
30. Amy reference in this agreement to a specific time period refers to calendar days.
31. This Agreement shall not constitute, be interpreted, construed or used as
evidence of anti• admission of liability, law or fact, a waiver of any right or defense, nor
an estoppel against am• parh,, by the Parties as between themselves or by anti• other
person or entity not a Party. However, nothing in this Paragraph whatever is intended
or should be construed to limit, bar or othersArise impede the enforcement of any term or
condition of this Agreement against any Parh° to this Agreement by any Party to this
Agreement.
THIS PORTION OF THE PAGE WAS INTENTIONAL LEFT BLANK
SRI A Adnurustretore&6!'— Datt (1,4 u"
MnnrtwCounty Pubik, Work, Dn-Key IA--st SRF.AA
FDEP Fnc ID "X6217.1i
Page 6 oI -
2. This agreement is effective upon execution by all of the Parties.
Title: Mayor __
Date: hnnP IS- 2011
FOR THE DEPARTMENT:
Florida Department of Environmental Protection
By
Name: -, W_4i& itol3lCLr C. r-.3 --n
Title: � Chief, Bureau of Petroleum Storage Systems y'
V
Date: ��y 12, 20%% r -n
3
O
Attachment A _ - �_ n
-i OZ07
(Q
F_ m O
SRFA AtIauiustraior!�_ WLC cj
MoruckrCotam Puhlx Woti:c Div -Key' 1tic�i SRFlA
fi
FDFP Fac- ID 4$862474;
Pagc - of 7
ATTACHMENT A
Cost Basis for Funding Allocation Determination
Monroe Counhv Public Works Div -Key West, FDEP Facility' ID#448624745
March 7,1994 Eligible Discharge and May 6,1999 Non -eligible Discharge
This petroleum -contaminated site has three reported discharges. The first discharge,
discovered on March 7,1994, is eligible for state funding under the Petroleum Liability
and Restoration Insurance (PLRIP) program.
'The second discharge, discovered on September 17,1996, was granted no cleanup
required status May 29, 2001 and is not part of this Site Rehabilitation Funding
Allocation (SRFA) agreement
The third discharge, discovered on May 6,1999, is not eligible for cleanup program
funding and it is the reason for this Site Rehabilitation Funding Allocation (SRFA)
agreement
The eligible discharge has a priority score of 10, which is currentIv not in funding range.
A SRFA application, dated April 14, 2011 (received April 18, 2011) was submitted to the
Department of Environmental Protection (Department).
March 7,1994 Eligible Discharge:
A diesel fuel drip was discovered beneath the dispenser on March 7, 1994 and reported
to the Department. On May 20,1994 this discharge was determined to be eligible for
the PLRIP program with a funding cap limit of 5400,000.00. Site Assessment began in
Mai, 1994 and a Contamination Assessment Report documenting groundwater
contamination in the viciniti, of the diesel dispenser was submitted in September 1994.
Due to changes in the Petroleum Cleanup Program administrative procedures for
priority funding site work was placed on hold.
May 6,1999 Non -eligible Discharge:
T
The Discharge Reporting Form (DRF) was filed with Monroe Count-- Health
Department due to contamination that was discovered during removal the
underg7ound storage tank. The discharge was reported to the Department on May 7,
1999. The Limited Site Assessment Report dated October 1999, documented
groundwater contamination within the area of the former under storage tank.
.Attachment A SRFA Administrator �i��. Date .i 01.z G11
Monroe Counh Public %V rtu Div -key WestFDEP Fac. ID.
Pasc I of
ATTACHMENT A
Cost Basis for Funding Allocation Determination
Cost Share Allocation between IIigible and Non -eligible Contamination Plumes:
The Limited Contamination Assessment Report (LCAR) dated August 23, 2010,
prepared by Nandex Consulting and Remediation, LLC, and the historical site
assessment data on file with the Department were evaluated. The documents identified
above were evaluated in order to determine the effects of the eligible and non -eligible
discharges on the site's cleanup cost.
Based on the Department's review of the LCAR it is apparent the non -eligible discharge
minimally impacted contamination concentrations within the former tank pit. On
November 16, 2010, the Department proposed entering into a 100% FDEP / 0%i
Applicant cost share in priority score order. On January 28, 2011, the proposed cost
share was accepted.
Attachmenl A SRFA Admmstratnr AAZDate
Monroe Counh, Public Wnrks Die-Kev WesIMEP fac. Il).
Page 2 of 2