R25-023 1 RESOLUTION NO. R25-023
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, AUTHORIZING THE CITY TO APPLY FOR, AND IF
5 AWARDED, AUTHORIZING THE MAYOR TO ACCEPT THE GRANT AND
6 EXECUTE AN AGREEMENT WITH THE FLORIDA DEPARTMENT OF
7 ENVIRONMENTAL PROTECTION (FDEP) FOR THE FLORIDA
8 DEPARTMENT OF ENVIRONMENTAL PROTECTION'S SITE
9 REHABILITATION OF PETROLEUM CONTAMINATION & PETROLEUM
10 CLEANUP PARTICIPATION PROGRAM FOR THE CLEANING OF
11 PETROLEUM CONTAMINATION AND REHABILITATION AT THE
12 PUBLIC WORKS COMPOUND;AND FOR ALL OTHER PURPOSES.
13
14 WHEREAS, the Public Works department of the City of Boynton Beach desires to apply for
15 the Florida Department of Environmental Protection's ("FDEP") Site Rehabilitation of Petroleum
16 Contamination & Petroleum Cleanup Participation Program ("PCPP") for the cleaning of
17 petroleum contamination and rehabilitation at the City's Public Works Compound (the "Project");
18 and
19 WHEREAS, Public Works Compound assessments indicate that remediation is necessary
20 and that entering the PCPP Agreement is statutorily necessary per section 376.3071, Florida
21 Statues, as noted in correspondence from the Florida Department of Environmental Protection,
22 including the application and agreement, attached hereto as Exhibit A; and
23 WHEREAS, the City recommends the use of FDEP's assigned contractor, American
24 Environmental Engineering of Florida, Inc., as outlined in the Department's Cost Share Site
25 Contractor Recommendation Sheet, attached hereto Exhibit B; and
26 WHEREAS, the estimated cost of the Project is $125,000, with an estimated amount of
27 $31,250 to be covered by American Environmental Engineering of Florida, Inc., as further detailed
28 in the PCCP Scope of Work and Cost Estimate, attached hereto as Exhibit C; and
29 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the
30 best interests of the city's citizens and residents to authorize the City to apply for and, if awarded,
31 accept the Florida Department of Environmental Protection's Site Rehabilitation of Petroleum
32 Contamination & Petroleum Cleanup Participation Program for the cleaning of petroleum
33 contamination and rehabilitation at the Public Works compound.
34
35 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON
36 BEACH, FLORIDA, THAT:
37 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
38 being true and correct and are hereby made a specific part of this Resolution upon adoption.
39 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby
40 authorize the City to apply for the Florida Department of Environmental Protection's Site
41 Rehabilitation of Petroleum Contamination & Petroleum Cleanup Participation Program for the
42 cleaning of petroleum contamination and rehabilitation at the Public Works compound.
43 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby
44 authorizes the Mayor to execute the PCPP Agreement, the Cost Share Site Contractor
45 Recommendation Sheet, and any ancillary documents necessary to apply for or accept the grant
46 or otherwise accomplish this Resolution's purpose that does not increase the financial obligations
47 of the City.
48 SECTION 4. The Mayor-executed PCPP Agreement shall be forwarded to Ydelsi
49 Rodriguez to obtain execution by FDEP. Ydelsi Rodriguez shall be responsible for ensuring that
50 one fully executed Agreement is returned to the City to be provided to the Office of the City
51 Attorney for forwarding to the City Clerk for retention as a public record.
52 SECTION 5. This Resolution shall take effect in accordance with law.
53
54
55
56 [SIGNATURES ON THE FOLLOWING PAGE]
57
58 PASSED AND ADOPTED this .2/s day of antra 2025.
59 CITY OF BOYNTON BEACH, FLORIDA
60 YES,- NO
61 Mayor-Ty Penserga
62
63 Vice Mayor-Aimee Kelley
64
65 Commissioner-Angela Cruz
66
67 Commissioner-Woodrow L. Hay
68
69 Commissioner-Thomas Turkin
70
71 VOTE c'(D
72 ATTES
73
74 1 /10 7• Z' i
•75 Maylee De ej MPA, MM T •a s ga
76 City Clerk May•
77
78
,��DY N Tp� 1` APPROVED AS TO FORM:
79 (Corporate Seal)
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82 1 ;•
. ! Shawna G. Lamb
INCORPORATED
83 ��, 1920, L City Attorney
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EXHIBIT A
O`O'OEVARlME,r FLORIDA DEPARTMENT OF RonDeSeantla
Govmor
4 Environmental Protection Jeanette Nunez
iz Lt.Governor
4 o
I. `er, Bob Martinez Center Shawn Hamilton
44NTAI PC-- 2600 Blair Stone Road Secretary
Tallahassee,FL 32399-2400
July 8, 2024
City of Boynton Beach
PO Box 310
Boynton Beach, FL 33425-0310
Subject: Second Notice of State Funding for Site Rehabilitation of Petroleum Contamination
& Petroleum Cleanup Participation Program(PCPP) Requirements
Boynton Beach City- Public Works
222 NE 9th Ave
Boynton Beach, Palm Beach County, FL
FDEP Facility ID# 508630524
Eligible Discharge Date: 03/24/1988 (PCPP)
Priority Score: 28
Dear Property Owner:
This is your second notice informing you that state funding is available for the cleanup of
petroleum contamination at the above listed location from the Petroleum Cleanup Participation
Program (PCPP)pursuant to Section 376.3071, Florida Statutes (F.S.). This discharge is eligible
for PCPP up to $400,000 in state-funding per eligible PCPP discharge (less any funds spent to
date, with an additional $100,000 auxiliary funding for remediation and monitoring if needed).
Because site rehabilitation funding assistance is now available for the eligible discharge, the
property owner, operator, or person otherwise responsible for site rehabilitation must enter into a
PCPP Agreement providing the Department with either a 25% cost savings, 25% copayment, or
combination of both copayments and cost savings equal to 25% of the site rehabilitation costs.
Our records indicate that you are the current property owner of the subject location. The
Department has limited contamination assessment information already on file indicating
remediation is necessary. Failure to enter into the PCPP Agreement is a failure to comply with the
statutory requirements to participate in PCPP. See also subsection 376.302(1)(b), F.S. Please
submit the required PCPP Agreement within 30 days of receipt of this notice.
12-10-2021 Follow Up Request
City of Boynton Beach
FDEP Facility# 508630524
July 8, 2024
Page 12
PCPP Instructions and the PCPP Agreement template (Attachments A and B) are attached and can
be downloaded at the following link:
https://floridadep.gov/waste/petroleum-restoration/content/petroleum-cleanup-participation-
program-pcpp
A list of ATCs can be found at the following link:
https://prodapps.dep.state.fl.us/www_stcm/contractors/Atc_region/Atc_region_v
The PCPP Agreement and any backup documentation applicable can be submitted to email
DWM_PRP_PCPP@FloridaDEP.gov.
If you do not have access to equipment that would enable you to view or complete the documents
digitally, please reply to this letter by contacting the PCPP Coordinator(contact information
below) and the items can be mailed to the address you provide. In addition, you may mail the
necessary documents to:
PCPP Coordinator
Bob Martinez Center
2600 Blair Stone Road MS 4580
Tallahassee, Florida 32399
Email: DWM_PRP_PCPP@FloridaDEP.gov
Phone: 850-245-8882
Failure to timely enter into a PCPP Agreement is a failure to comply with the statutory
requirements to participate in PCPP and will result in the Department terminating the
discharge's eligibility for state funded cleanup under PCPP, pursuing penalties pursuant to
section 376.302, F.S., or other remedies allowed by law. Terminating PCPP eligibility will
result in all parties responsible for the contamination being required to rehabilitate the
contamination in accordance with Chapter 62-780, Florida Administrative Code (F.A.C.) at
their own expense with no State funding assistance. If such parties fail to timely conduct site
rehabilitation the discharge will be turned over to the appropriate enforcement authorities
and, pursuant to Chapters 376 and 403, F.S., the Department may pursue enforcement
against any responsible parties to compel clean up and, possibly, penalties.
If you choose not to participate in the PCPP, inform the Department PCPP Coordinator(contact
information below) within 30 days of receipt of this letter and immediately begin site rehabilitation
in accordance with Chapter 62-780, F.A.C., at your own expense.
12-10-2021 Follow Up Request
City of Boynton Beach
FDEP Facility# 508630524
July 8, 2024
Page 1 3
If you should have any questions, please contact the PCPP Coordinator at (850) 245-8882 or reply
to this letter contact at the letterhead address, Mail Station 4580.
Sincerely,
PCPP Coordinator and staff
Florida Department of Environmental Protection
Petroleum Restoration Program
Attachment(s): A. PCPP Agreement Instructions
B. PCPP Agreement template
ec: Facility Oculus File
12-10-2021 Follow Up Request
INSTRUCTIONS FOR COMPLETION OF Petroleum Cleanup Participation Program (PCPP)AGREEMENT
A PCPP Agreement (located online here: https://floridadep.gov/waste/petroleum_
restoration/content/petroleum-cleanup-participation-program-pcpp) is required for all PCPP eligible
discharges that are within funding range at a facility to allow state funding assistance. There are two
PCPP Agreements available for use: a standard PCPP Agreement, and a PCPP Agreement with Site Access
language and options included. If a site access agreement has not been completed and your facility only
has PCPP eligible discharge(s), then a PCPP Agreement with Site Access should be utilized. If your facility
has multiple eligible discharges (such as EDI, ATRP, PLRIP, etc),then a standard PCPP Agreement should
be used. A separate site access agreement should be completed (or may be requested if one has not
already been completed by the real property owner) if this is the case.* If you do not have access to the
documents, please call 850-245-8882 to request the document be mailed to you. If you are downloading
a PCPP Agreement from the above link, the Agreement must be completed by filling in the blanks
(including entering the facility ID on each footer), making selections where required, initialing where
required, and signing the document. If you received a PCPP Agreement with a mailed request letter,
then the first unnumbered paragraph and facility ID on each page will be completed for you.
The PCPP Agreement, once completed, should then be either e-mailed (scanned version acceptable) to
DWM_PRP_PCPP@FloridaDEP.gov or mailed to Attn: PCPP Coordinator, Petroleum Restoration
Program, Department of Environmental Protection, 2600 Blair Stone Road, MS 4580,Tallahassee,
Florida 32399-2400. If State funding is expended before a Closure Order is issued, the PCPP Agreement
shall be terminated and the cleanup will transition to the owner/responsible party (Participant).
The Agreement includes 21 or 22 standard paragraphs regarding the terms and conditions of the PCPP
as well as site access. For information regarding completing the site access portion of the Agreement,
please refer to the instructions located here: https://floridadep.gov/waste/petroleum-
restoration/documents/site-access-source-instructions
In addition, there are three options concerning Participant preference that must be answered by
checking the corresponding boxes and initialing. Only one selection may be made (1, 2, or 3). Please
see the instructions following each selection for more information.
1. Participant is providing a 25%cost savings to the Department. Please initial by this selection only
if this is the option elected.
By electing to offer the Department a 25%cost savings, you are committing to either recommend to the
Department one of its Agency Term Contractors (ATC) who is willing to reduce their contracted rates to
achieve a 25% cost savings to the state to meet this option OR you are committing to accept a more
restrictive closure (Risk Management Option II, RMO II) thereby effectively saving the Department at
least 25%of the cost it would have taken to reach a closure of RMO I. You must make the sub-selection
on the Agreement to indicate which cost savings (ATC reduced rate or RMO II)you will utilize.
If your recommended ATC will be reducing its rates to meet the 25%cost savings, you must include as
backup documentation to the PCPP Agreement the following items:
1
Instructions for PCPP Agreement 12/10/2021
• The PCPP Scope of Work and Cost Estimate (template located at
https://floridadep.gov/waste/petroleum-restoration/documents/cost-estimate-template-
pcpp).This includes the proposed course of action with task breakdown, cost estimate and the
proposed cleanup endpoint. If the PCPP Agreement submission does not include the required
cost estimate documentation and timetable, the submittal will be deemed insufficient and you
will be asked to re-submit.
• A Commitment of Rate Reduction Letter (template located at
https://floridadep.gov/waste/petroleum-restoration/documents/pcpp-atc-rate-letter-
commitment-rate-reduction)from the ATC committing to a reduction of its DEP ATC rates (this
letter will become a part of the PCPP Agreement as Exhibit B)
• And a Cost Share Site Contractor Recommendation Sheet
https://floridadep.gov/waste/petroleum-restoration/forms/cost-share-site-contractor-
recommendation-sheet.
If you elected a 25%cost savings as demonstrated in the form of conditional closure of RMO II, you
must include as backup documentation to the PCPP Agreement the following items:
• A general recommended course of action and cost proposal. If the RMO II is for less than total
cleanup versus RMO I,the proposal must clearly demonstrate that the proposed course of
action will achieve 25%cost savings. Failure to clearly demonstrate a cost savings to the State
may result in unsuccessful negotiation of the PCPP Agreement.
• An executed PCPP Conditional Closure Agreement including its Attachment B Conditional
Closure Agreement Contractor Recommendation (https://floridadep.gov/waste/petroleum-
restoration/documents/pcpp-conditional-closure-agreement). (this document will become a
part of the PCPP Agreement as Exhibit B)
• An interim declaration of interim restrictive covenant for PCPP discharges only (DIRC; this DIRC
is not the same as nor does it not go through the same DEP review as a DRC under Rule 62-
780.680, F.A.C.) (https://floridadep.gov/waste/petroleum-
restoration/documents/declaration-interim-restrictive-covenant-pcpp). (this document will
become a part of the PCPP Agreement as Exhibit B)
2. Participant is paying a 25%copayment of the cost to cleanup. Please initial by this selection only if
this is the option elected.
By electing to offer the Department a 25%copayment, you are committing to paying 25%of all costs (up
to the State's funding cap limitations). You must timely and directly pay your ATC. The ATC will invoice
you at intervals for Department approved work performed at the site.
If you elected to pay the 25%copayment/cost share you must include the following as backup
documentation to the PCPP Agreement:
• The PCPP Scope of Work and Cost Estimate (template located at
https://floridadep.gov/waste/petroleum-restoration/documents/cost-estimate-template-
pcpp).This includes the proposed course of action with task breakdown, cost estimate and the
proposed cleanup endpoint. If your Cost Share Site Contractor Recommendation Sheet indicates
an ATC, they can complete the cost estimate on your behalf. If your Cost Share Site Contractor
2
Instructions for PCPP Agreement 12/10/2021
Recommendation Sheet indicates FDEP is electing the ATC, FDEP will complete a cost estimate
on your behalf.
• Cost Share Site Contractor Recommendation Sheet
(https://floridadep.gov/waste/petroleum-restoration/forms/cost-share-site-contractor-
recommendation-sheet).
3. Participant is providing a combination of both a copayment and cost savings equal to 25%of the
cost of cleanup. Please initial by this selection only if this is the option elected.
By electing to offer the Department a combination of a copayment plus cost savings equal to 25%, you
are committing to providing 25%of all costs with a negotiated split as specified between you and your
recommended ATC. An example of this split might be that the ATC will reduce its rates to achieve a 15%
cost savings and you will pay 10% copayment of the cost of cleanup (up to the funding cap limitations).
You must timely and directly pay your ATC.The ATC will invoice you at intervals for approved work
performed at the site.
If you elected to pay the 25%copayment/cost savings combination you must include the following as
backup documentation to the PCPP Agreement:
• The PCPP Scope of Work and Cost Estimate (template form is located at
https://floridadep.gov/waste/petroleum-restoration/documents/cost-estimate-template-
pcpp).This includes the proposed course of action with task breakdown, cost estimate and the
proposed cleanup endpoint with the negotiated split. If the proposed course of action and cost
estimate does not include the required cost savings (detailed breakdown of copay and reduction
percentages) and timetable, the submittal may be deemed insufficient and you will need to re-
submit.
• The Commitment of Rate Reduction Letter(template is located at
https://floridadep.gov/waste/petroleum-restoration/documents/pcpp-atc-rate-letter-
commitment-rate-reduction)from the ATC committing to a reduction of its DEP ATC rates (this
letter will become a part of the PCPP Agreement as Exhibit B)
Cost Share Site Contractor Recommendation Sheet
(https://floridadep.gov/waste/petroleum-restoration/forms/cost-share-site-contractor-
recommendation-sheet).
If during the review it is noted that the cost to closure will exceed the $400,000 cap, the PCPP staff may
request the use of$100,000 auxiliary funding via memo. If approved, the PCPP staff will revise the PCPP
Agreement paragraph 4 to increase the cap to $500,000. No action is required on the participant's part
and no other aspects of the agreement change.
* If a facility does not have an executed site access agreement(SAA) prior to the PCPP Agreement
completion,the PCPP Agreement with Site Access is required. The PCPP Agreement with Site Access
include SAA language and options under section 13.The SAA can only be completed by the real
property owner. The SAA will include permission for necessary cleanup related activities and a section to
complete (A-D) wherein the Participant selects "YES" or "NO" to questions regarding options available
related to site access. If you have questions regarding the PCPP Agreement or Site Access, please call the
PCPP Coordinator at 850-245-8882 or email DWM_PRP_PCPP@FloridaDEP.gov.
3
Instructions for PCPP Agreement 12/10/2021
AGREEMENT FOR PETROLEUM CLEANUP PARTICIPATION PROGRAM
This Agreement is entered into by and between the Florida Department of Environmental
Protection(hereinafter"Department"), whose address is 2600 Blair Stone Road,
Tallahassee, Florida,and City of Boynton Beach (hereinafter"Participant"),
whose address is 100 E.Ocean Ave.Boynton Beach FL,33435
(collectively the"Parties") to perform certain site rehabilitation activities for
contamination determined eligible for the Petroleum Cleanup Participation Program
(hereinafter"PCPP") in accordance with Section 376.3071(13), Florida Statutes (F.S.).
The petroleum contamination subject of this Agreement is the discharge(s) date(s)
03/24/1988 at the Boynton Beach City-Public Works (facility name)
facility located at 222 NE 9th Ave,Boynton Beach , Palm Beach County,Florida,
(Property) depicted on the attached legal description Exhibit A, DEP Facility ID
#508630524 , Parcel # 08-43-45-21-06-001-0010
WHEREAS, in accordance with Section 376.3071(13),F.S., the Department is authorized
to provide state funding assistance for petroleum discharges determined eligible for
PCPP, based on the site's priority ranking established pursuant to Section 376.3071(5)(a),
F.S., and Chapter 62-771, Florida Administrative Code (F.A.C.); and
WHEREAS, in accordance with Section 376.3071(13), F.S., the Department has
determined the described contamination eligible and Participant provided the required
Limited Contamination Assessment Report (hereinafter"LCAR") or assessment data
Groundwater Sampling Event Annual Report dated 09/06/2022 (Report Title and Date)] exists and was
determined to be sufficient to support the proposed course of action and to estimate the
cost of the course of action; and
WHEREAS, the Participant shall provide one of the following: a 25% cost savings to the
Department, a 25%copayment by the Participant,or a combination of both a cost savings and
copayment that totals 25%.
WHEREAS, the Contractor who will conduct the work under this Agreement does so
pursuant to Chapter 62-772.401(2), F.A.C. The Contractor, to be eligible to perform work
under this Agreement, must be an Agency Term Contractor(ATC) awarded under the
Department's Petroleum Restoration Program and is currently in good standing under the
Agency Term Contract. The Contractor shall perform the work at the Facility pursuant to
the terms and conditions of its i) ATC, ii) this Agreement, and iii) any and all issued
Purchase Orders ("POs").
Facility ID# 508630524 1 PCPP Agreement w/SAA template 3/5/2024
PARTICIPANT AGREES TO PROCEED UNDER THE SELECTED OPTION
(please select and initial only ONE option and appropriate sub-options if applicable)
1 . ❑✓ Participant is providing a 25%cost savings to the Department:
Attached as Exhibit B the agency term contractor's (ATC's) written
acceptance to a reduction in its Department ATC rates.
OR
Attached as Exhibit B is the Participant's executed PCPP
Conditional Closure Agreement(CCA,including Attachment B
Conditional Closure Agreement Contractor Recommendation)with an
endpoint of RMO II.Also attach evidence of a properly recorded
interim declaration of restrictive covenant.
Participant Initials ell
If cost savings selected
2. UParticipant is paying a 25%copayment of the cost to cleanup.
Participant Initials
If copayment selected
3. Participant is providing a combination of both a cost savings and copayment equal
to 25%of the cost of cleanup(Attached as Exhibit B,recommended ATC's written
acceptance to a reduction in its Department ATC rates and the Participant
copayment percentage combination).
Participant Initials
If combination selected
NOW, THEREFORE, in consideration of the mutual benefits to be derived here from, the
Department and the Participant do hereby agree as follows:
GENERAL.
1. All activities associated with the performance of this Agreement shall be in conformance
with the provisions of Chapter 376,F.S., and Chapters 62-780,62-771,and 62-772,F.A.C.
The Parties hereto agree that this Agreement shall additionally be subject to the applicable
provisions of Chapter 287, F.S.
2. The Participant understands that during the course of site rehabilitation,the
Department may,based on the statutes, rules and guidance of the Department, revise a
site rehabilitation strategy due to technical or cost considerations.
TERM OF AGREEMENT AND SPENDING LIMITS.
3. This Agreement is effective on the date of execution by the Parties until the earlier of:
(1)the Department has determined that rehabilitation is complete pursuant to Chapter 62-
Facility ID# 508630524 2 PCPP Agreement w/SAA template 3/5/2024
780, F.A.C. and issues a Site Rehabilitation Completion Order (SRCO) or Conditional Site
Rehabilitation Completion Order(CSRCO); or(2)the funding limitations set forth in Section
376.3071(13)(b), F.S., are exhausted and site rehabilitation has not been achieved.
4. The PCPP program funding cap per eligible PCPP discharge is$400,000,less any
funds previously spent to date, with an additional$100,000 in auxiliary funding
(available via amendment to this agreement if needed for remediation or monitoring in
order to achieve a No Further Action determination).
COVENANTS AND REPRESENTATIONS OF THE DEPARTMENT.
5. In accordance with Sections 376.3071, F.S., and rules adopted pursuant to that
Section, the Department will prepare Work Assignments, and procure the work as
appropriate with the contractor designated and will thereby be responsible to the
contractor solely for the Department's percentage of its cost share, whether that cost is
100% after a cost savings has been demonstrated, 75% cost share, or combination of both.
6. The Department will review and approve site rehabilitation activities in accordance with
the terms of the procurement orders and Chapter 62-780,F.A.C., and shall make copies of
such documents available to the Participant in the electronic site file Oculus
(https://depedms.dep.state.fl.us/Oculus/servlet/login). The Participant is further advised and
understands that the Department may task a locally contracted county with review of site
rehabilitation documents or procurement documents under this Agreement.
7. In accordance with Section 287.0582,F.S., the State of Florida's performance and
obligation to pay under this Agreement is contingent upon an annual appropriation by the
Legislature. The Participant understands that this Agreement shall not result in the
encumbering of State funds upon execution of the Agreement.
COVENANTS AND REPRESENTATIONS OF THE PARTICIPANT.
8. The Participant represents that he or she or it is qualified to enter into this Agreement and
able to fully perform their duties under this Agreement. Participant acknowledges that the
responsibilities and obligations of this Agreement survive the transfer of the above
referenced facility/property.
9. When the Participant is paying a 25%copayment,or copayment combination,the
Participant further agrees that it shall be subject to the prompt payment provisions of Section
215.422,F.S.,upon receipt of an invoice for its share of costs from the Contractor,when such
invoice is accompanied by a written approval by the Department of the work completed.
10. When Participants are paying a copayment,the Participant shall maintain and provide upon
request,documentation that the invoice amount was paid. Failure to timely and adequately pay
the contractor and provide proof of that payment to the Department upon request shall be
considered a material breach of the PCPP Agreement pursuant to paragraph 14 and may result
in loss of eligibility. The Department will request confirmation of payment/contractor
certification either via letter or e-mail after the Department has approved the contractor's
work.
Facility ID# 508630524 3 PCPP Agreement w/SAA template 3/5/2024
11. In accordance with Chapter 376,F.S.,it is unlawful for the Participant to receive any
remuneration,in cash or in kind,from a Contractor performing cleanup activities subject of this
Agreement.This would include an agreement whereby the Participant does not make timely
payments of the required copayment when the option of 25%copayment or copayment and
cost savings combination.
12. When a Participant is paying 25%copayment or copayment and cost savings combination,
the Participant shall maintain books,records,documents and other evidence pertaining to
compensation and payments directly pertinent to performance under this Agreement in
accordance with generally accepted accounting principles and practices consistently
applied.The Department,the State of Florida or their authorized representatives shall have
access, without cost, except reasonable costs associated with photocopying such records,
to such records for audit purposes during the term of this Agreement and for five years following
termination of this Agreement.
13. If the Participant is also the real property owner of the Property (Owner), Owner
hereby give(s) permission to the Department and all of its Contractors, subcontractors, and
vendors ("Contractor"), in addition to the ATC to enter the Owner's property to conduct
all investigations, inspections, site rehabilitation, and other activities necessary to comply
with this Agreement for as long as this Agreement is effective. Such permission includes
but is not limited to:
a. The Owner authorizes the Department and its Contractors to act as its authorized
representative in signing all required forms and documents necessary for obtaining
applicable permits related to environmental infrastructure improvements including
well construction, repair, maintenance, modification, and abandonment pursuant to
Chapter 373 F.S.
b. Access to the Property is required to maintain eligibility in the PCPP and Owner may
not revoke this Agreement with the Department until the appropriate site
rehabilitation completion order is issued under Chapter 62-780.680 or a low- scored
site initiative order issued pursuant to Section 376.3071(12)(b), Florida Statutes, is
final.
c. The Department acknowledges and accepts its responsibility under applicable law
(Section 768.28, Florida Statutes) for damages caused by the acts of its employees
while on the Property.
d. The Owner retains the right to use the Property, however, neither the Department nor
the Contractor are responsible for any inconvenience, economic injury, or business
damage that Owner may suffer due to the performance of activities conducted to
fulfill this Agreement.
e. The Owner shall not interfere with the Department or Contractors when performing
the activities to fulfill this Agreement. Owner shall not damage any equipment
including wells, piping, and remediation system that may be located on the Property.
Owner shall notify the Department 90 days prior to commencement of any
construction, paving, demolition, or other work on the Property that may damage or
destroy any part of the equipment installed under this Agreement.
Facility ID# 508630524 4 PCPP Agreement w/SAA template 3/5/2024
If Participant is not the current real property owner, a Site Access Agreement (SAA)
must be executed by the real property owner and timely submitted to the Department
before work can proceed. The Department will request site access from the real property
owner. If an acceptable SAA is not timely submitted by the current real property owner,
eligibility in the PCPP may be revoked, regardless of this PCPP Agreement. Participant
shall assist the Department in contacting and obtaining a SAA.
Please complete the following only if the Participant is the Owner:
A. Are additional requirements attached to this agreement? If neither are checked, the
Department will assume "NO."Note:Additional requirements must be on a separate page
titled Exhibit C and include the facility ID#,owner signature and date on the page. If an Exhibit C
is not submitted to the Department with the signed Site Access Agreement,the Department will
consider that you have changed your selection from"YES"to"NO".
n YES n NO
B. Do you wish to participate or provide input with respect to rehabilitation of this
facility? If neither are checked, the Department will assume "NO."
n YES n NO
C. Do you want the site rehabilitation Contractor to contact you to obtain a separate
site access agreement?Note: Optional site access agreements between the owner
and site rehabilitation Contractor must be completed within (90) calendar days.
Since such an agreement is neither necessary nor required, state-funded site
rehabilitation activities will begin whether or not you and the site rehabilitation
Contractor have executed this optional agreement. Entities listed in paragraph 3
which this agreement provides immediate access for are excluded from this option
of obtaining an additional site access agreement.
n YES n NO
Only applicable if Participant agreed to proceed under the selected option 2 (25%
copayment).
D. If you wish to exercise the option to reject one Contractor prior to assignment of work,
please enter an email address. . If you do
not have an email address, you can enter a telephone number instead.
TERMINATION OF AGREEMENT AND REMEDIES FOR BREACH OF
AGREEMENT.
14. This Agreement may be terminated for material breach of obligations by either Party.
Material breach means substantial failure to comply with the terms and conditions of this
Agreement. A Party terminating the Agreement shall give written notice of the breach to the
other Party within 14 days of discovery of facts giving rise to the breach. Such notice shall be
of sufficient detail so that the Party allegedly in breach can formulate a remedy. If the
breach is remedied within 15 days of the notice,the Agreement shall remain in effect. If the
Facility ID# 508630524 5 PCPP Agreement w/SAA template 3/5/2024
breach is not remedied within 15 days of the notice,the Agreement may be terminated within
15 days of the close of the 15 day remedy period. Failure to timely pay the Participant's 25%
co-payment or 25%copayment and cost savings combination is considered a material breach
of this PCPP Agreement. In the event that the Department determines, in its sole discretion,
that the Participant is in breach of this Agreement, the Department reserves the right to
exercise all remedies at law and equity.
15. The Department reserves the right to unilaterally cancel this Agreement for refusal by
the Participant to allow public access to all documents,papers, letters or other material
regardless of the physical form, characteristics, or means of transmission,made or
received subject to the provisions of Chapter 119, F.S., in conjunction with this
Agreement (public records). The Department may terminate this agreement without cause
with notice to the Participant pursuant to paragraph 17.
16. The parties hereto agree to waive any right to jury trial under this Agreement.
NOTICES.
17. Any notice or written communication required or permitted hereunder between the
Parties shall be considered received when delivered via electronically by e-mail or
delivered in person or by mail by the appropriate Party Representative.Party
Representatives are as follows:
Department Representative: Participant Representative:
Kenneth Busen, P.G. Eic �r. 'f‘gvc,Sty
PCPP Coordinator Name
Petroleum Restoration Program Department of
Environmental Protection 'DDtru,}or
2600 Blair Stone Road, MS 4580 Title
Tallahassee, Florida 32399-2400 tao E•ocean Ale
Phone: (850) 245-8745 Street Address
E-mail: Kenneth.Busen@FloridaDEP.gov
to -tor, 9�.�erh 33 5
City,State,Zip
51 1— 1yz— L9gts
Phone
4:gr+►sci K IP bb irf.• 1/4,15
Email
AMENDMENTS.
18. Any amendment to this Agreement must be in writing and signed by the Parties.
Facility ID# 508630524 6 PCPP Agreement w/SAA template 3/5/2024
ASSIGNMENT.
19. This Agreement shall not be assigned by either Party without prior written consent of
the non-assigning Party. The Department will not accept assignment of this Agreement to
any person or entity that,in the Department's determination,is unable to reliably comply
with the 25%cost savings,co-payment, or combination of both obligation.
CHOICE OF LAW/FORUM.
20. The parties hereby agree that any and all actions or disputes arising out of this Agreement
shall be governed by the laws of the State of Florida; and any such actions shall be brought in
Leon County, Florida.
RESPONSIBILITY FOR SITE REHABILITATION WHERE CLEANUP COSTS
EXCEED SPENDING LIMITATIONS.
21. In accordance with Section 376.3071(13)(f),F.S.,in the event that the funding
limitations specified in Section 376.3071(13),F.S.,are exhausted or exceeded prior to
completion of site rehabilitation,the Participant shall be obligated to continue site
rehabilitation activities in accordance with Section 376.3071(5),F.S.,and Chapter
62-780,F.A.C.If the Participant fails to timely continue the site rehabilitation activities the
Department and its contractors)are permitted to continue performing assessment and remedial
activities that the Department, at its sole discretion, deems appropriate. The Department
will designate its own contractor(s)to undertake site rehabilitation actions without the approval
of the Participant or any other party.The Department or its contractor(s)will perform any
assessment and remedial activities that the Department, at its sole discretion deems
appropriate to address the remaining petroleum contamination.As such, the Department, at its
sole discretion,may choose to undertake assessment or cleanup activities that are less
stringent than the requirements of Chapters 62-780 and 62-777,F.A.C., and which may not
result in the issuance of a Site Rehabilitation Completion Order. Pursuant to Section
376.3071(7)(b),F.S., the Department will seek recovery for all sums expended by the
Department for actions taken pursuant to this paragraph. Therefore, the Department
explicitly reserves its right to seek recovery from the Participant or any other responsible
party that amount which was expended by the Department in these matters.
ENTIRE AGREEMENT.
22. It is hereby understood and agreed that this Agreement states the entire agreement
and that the Parties are not bound by any stipulations,representations, agreements or
promises,oral or otherwise, not printed in this Agreement. This Agreement is binding
upon execution of the Agreement and is for the benefit of the Parties and to no other entities or
persons not signatories to this Agreement. This PCPP Agreement is the primary Agreement
between the Parties and any conflict between the PCPP Agreement and any of the
attachments the PCPP Agreement controls. No exhibit or attachment to this PCPP
Agreement can modify any statutes, rules, or procedures applicable to the Petroleum
Restoration Program.
Facility ID# 508630524 7 PCPP Agreement w/SAA template 3/5/2024
FOR THE DEPARTMENT: FOR THE PARTICIPANT: City oftiyri-%
Natasha Lampkin P. is I. • Signature
Program Administrator
Petroleum Restoration Program Print Name: �vl Qrrng
Title: frlw .zwr
Date: Z1/?.pli`
CITY AT ORNEY'S OFFICE
Approv y .s to form and gal ty,
By: ' /. It A
Exhibits: Exhibit A - Legal Description of the Property [Attach a legal description of
the Property—from the most current deed and or a survey sketch/map of the
property with GPS or other locational information]
Exhibit B - Documents required to be submitted and attached to this
Agreement pursuant to the option selected one page 1 and 2 of this
Agreement.
Facility ID# 508630524 8 PCPP Agreement w/SAA template 3/5/2024
Below is a checklist of the appropriate documents required to be submitted as Exhibit B
with the PCPP Agreement.
1.a.When Participant is providing a 25% cost savings(as demonstrated in the
form of reduced rates by the proposed ATC) to the Department attach:
nATC's written commitment to a reduction in its Department ATC rates
OR
1.b. When Participant is providing a 25% cost savings(RMO II) to the Department
attach:
nParticipant's executed PCPP Conditional Closure Agreement(CCA)with an
endpoint of RMO II, with Attachment B Conditional Closure Agreement
Contractor Recommendation
❑ Participant's signed PCPP Declaration of Interim Restrictive Covenant(DIRC,
only the current real property owner(s)can execute this document)
OR
2. When Participant is paying a 25% copayment of the cost to cleanup: none required
OR
3. When Participant is providing a combination of both a cost savings and
copayment equal to 25%of the cost of cleanup attach:
IIIATC's written commitment to reduction in its Department ATC rates with
details of percentages for copayment and reduced rates
Please note, the above constitutes documentation required for Exhibit B, which will
become a part of the PCPP Agreement. Additional Backup Documentation (such as the
cost share contractor selection sheet, scope of work and cost estimate template, etc.)may
also be required as a separate file during the PCPP submission process. Refer to the PCPP
Instructions for Completion (https://floridadep.gov/waste/petroleum-
restoration/documents/instructions-completion-pcpp-agreement) for full details on
submitting.
Facility ID# 508630524 9 PCPP Agreement w/SAA template 3/5/2024
Exhibit A
Legal Description:
CONGRESS GROVE LTS 1 THRU 7 BLK 1, S 1/2 OF 40 FT ABND PT OF 8TH LYG N OF &
ADJ TO&N 1/2 OF 30 FT ABND CONGRESS CT LYG S OF & ADJ TO
Facility ID: 508630524
EXHIBIT B
Oe °SPARIFLORIDA DEPARTMENT OF Ron DeSeanntl�
Gov° Environmental Protection Jeanette Nunez
i z Lt.Governor
otiMF Nv
ao44, Bob Martinez Center Noah Valensteln
rm. 2600 Blair Stone Road Secretary
Tallahassee, FL 32399-2400
PETROLEUM RESTORATION PROGRAM
COST SHARE SITE CONTRACTOR RECOMMENDATION SHEET
The Responsible Party(RP)may use this sheet to recommend an Agency Term Contractor with a contract in the same region
as the site to perform work pursuant to a cost-share agreement in the Petroleum Restoration Program(PRP)that meets the
25% or higher cost share requirement pursuant to Chapter 62-772, Florida Administrative Code, Procurement Procedures
for the Petroleum Restoration Program. The entity selecting the Contractor must be a party to the executed cost share
agreement.
Site Name: Boynton Beach City - Public Works FDEP Facility ID#: 508630524
Site Address: 222 NE 9th Avenue Parcel ID#: 06-43-45-21-06-001-0010
Responsible Party Name: City of Boynton Beach
Responsible Party Rep. Name&Title: Kcvir kt.% ) RAlic too(kJ %rbc}vr
Responsible Party Rep. Phone#&E-mail: 551.1- n41- (eggt, RaM 1< QDbb ft,• uS
Select only one of the contractor options listed below:
()Recommend a PRP Agency Term Contractor with a valid contract in the region of the site:
Co. Name: American Environmental Engineering of Florida, Inc. DEP Contractor ID#: 10
Rep. Name&Title: Robert Brown, President
Rep. Phone#& E-mail: 850-545-0672 robert.brown@aeeus.com
()Allow the DEP to select a competitively procured contractor for the next scope of work in accordance with s. 287.057,
Florida Statute.
I understand that the contractor selection option chosen above cannot be changed once it has been approved by the
Department,unless poor performance by the Contractor is affirmatively demonstrated.
Ty Penserga - Mayor . / _4,00-
HOS
Responsible Party Rep. Name&Title • .�'�
Completed forms should be emailed to DWM.PRP.Contractor.Recommendations@dep.state.fl.us or sent to the
letterhead address, Mail Station 4580, Attention: Robert Perlowski. Questions about cost share site contractor selection
may be referred to Rob Perlowski at 850-245-8917 or at Robert.PerlowskiAdep.state.fl.us.
A list of Agency Term Contractors by region is available on the Petroleum Restoration Program Website at
https://floridadep.gov/waste/petroleum-restoration/content/qualified-contractor-information
Cost Share Contractor Recommendation Sheet 71217
EXHIBIT C
PCPP Scope of Work (SOW) and Cost Estimate for 25%Cost Savings via Rate Reduction
Facility Name Boynton Beach City- Public Works
Facility Address 222 NE 9th Avenue, Boynton Beach, Palm Beach County
FDEP Facility# 508630524
PCPP Eligibility Discharge Date(s) 3/24/1988
Priority Score 28
Based on the results of the Groundwater Sampling Annual report submitted by Envirospec, Inc., the
scope of work and estimated cost to complete cleanup is described below:
SOW/Phase Estimated Cost
Baseline/Assessment $ 10,000.00
RAP $ 10,000.00
RAC/Injection $ 75,000.00
Groundwater Monitoring $ 20,000.00
Well Abandonment/Site Restoration $ 10,000.00
Subtotal $ 125,000.00
25% cost savings in the form of
reduced rates ($31,250.)
FDEP Estimated total cost to closure $ 93,750.00
Any cost above the discharge(s)funding cap(aria auxiliary funding,if applicable)will be the responsibility of the responsible party/owner
Estimated timetable and endpoint 12/31/2026
Robert Brown, P.E. 12/3/2024
Scope and Estimate provided by Date
American Environmental Engineering of Florida, Inc.
Company Name
FDEP PCPP 25% Rate Reduction Cost Estimate 10/06/23
AGREEMENT FOR PETROLEUM CLEANUP PARTICIPATION PROGRAM
This Agreement is entered into by and between the Florida Department of Environmental
Protection(hereinafter"Department"), whose address is 2600 Blair Stone Road,
Tallahassee, Florida,and City of Boynton Beach (hereinafter"Participant"),
whose address is 100 E.Ocean Ave.Boynton Beach FL,33435
(collectively the"Parties")to perform certain site rehabilitation activities for
contamination determined eligible for the Petroleum Cleanup Participation Program
(hereinafter"PCPP") in accordance with Section 376.3071(13), Florida Statutes(F.S.).
The petroleum contamination subject of this Agreement is the discharge(s)date(s)
03/24/1988 at the Boynton Beach City-Public Works (facility name)
facility located at 222 NE 9th Ave,Boynton Beach , Palm Beach County,Florida,
(Property)depicted on the attached legal description Exhibit A, DEP Facility ID
#508630524 , Parcel # 08.43-45-21-06-001-0010
WHEREAS, in accordance with Section 376.3071(13),F.S., the Department is authorized
to provide state funding assistance for petroleum discharges determined eligible for
PCPP,based on the site's priority ranking established pursuant to Section 376.3071(5)(a),
F.S., and Chapter 62-771, Florida Administrative Code(F.A.C.); and
WHEREAS, in accordance with Section 376.3071(13), F.S., the Department has
determined the described contamination eligible and Participant provided the required
Limited Contamination Assessment Report(hereinafter"LCAR")or assessment data
[Groundwater Sampling Event Annual Report dated 0910612022 (Report Title and Date)] exists and was
determined to be sufficient to support the proposed course of action and to estimate the
cost of the course of action; and
WHEREAS, the Participant shall provide one of the following: a 25% cost savings to the
Department,a 25%copayment by the Participant,or a combination of both a cost savings and
copayment that totals 25%.
WHEREAS, the Contractor who will conduct the work under this Agreement does so
pursuant to Chapter 62-772.401(2), F.A.C. The Contractor,to be eligible to perform work
under this Agreement, must be an Agency Term Contractor(ATC) awarded under the
Department's Petroleum Restoration Program and is currently in good standing under the
Agency Term Contract. The Contractor shall perform the work at the Facility pursuant to
the terms and conditions of its i)ATC, ii)this Agreement, and iii) any and all issued
Purchase Orders ("POs").
Facility ID# 508630524 1 PCPP Agreement w/SAA template 3/5/2024
PARTICIPANT AGREES TO PROCEED UNDER THE SELECTED OPTION
(please select and initial only ONE option and appropriate sub-options if applicable)
1 . ❑✓ Participant is providing a 25%cost savings to the Department:
1Attached as Exhibit B the agency term contractor's(ATC's)written
acceptance to a reduction in its Department ATC rates.
OR
❑Attached as Exhibit B is the Participant's executed PCPP
Conditional Closure Agreement(CCA,including Attachment B
Conditional Closure Agreement Contractor Recommendation)with an
endpoint of RMO II.Also attach evidence of a properly recorded
interim declaration of restrictive covenant.
Participant Initials el
If cost savings selected
2. ❑ Participant is paying a 25%copayment of the cost to cleanup.
Participant Initials
If copayment selected
3. ❑Participant is providing a combination of both a cost savings and copayment equal
to 25%of the cost of cleanup(Attached as Exhibit B,recommended ATC's written
acceptance to a reduction in its Department ATC rates and the Participant
copayment percentage combination).
Participant initials
If combination selected
NOW, THEREFORE, in consideration of the mutual benefits to be derived here from, the
Department and the Participant do hereby agree as follows:
GENERAL.
1. All activities associated with the performance of this Agreement shall be in conformance
with the provisions of Chapter 376,F.S., and Chapters 62-780,62-771,and 62-772,F.A.C.
The Parties hereto agree that this Agreement shall additionally be subject to the applicable
provisions of Chapter 287, F.S.
4 2. The Participant understands that during the course of site rehabilitation,the
Department may,based on the statutes, rules and guidance of the Department, revise a
site rehabilitation strategy due to technical or cost considerations.
TERM OF AGREEMENT AND SPENDING LIMITS.
3. This Agreement is effective on the date of execution by the Parties until the earlier of:
(1)the Department has determined that rehabilitation is complete pursuant to Chapter 62-
Facility ID# 508630524 2 PCPP Agreement w/SAA template 3/5/2024
780, F.A.C. and issues a Site Rehabilitation Completion Order(SRCO) or Conditional Site
Rehabilitation Completion Order(CSRCO); or(2)the funding limitations set forth in Section
376.3071(13)(b), F.S., are exhausted and site rehabilitation has not been achieved.
4. The PCPP program funding cap per eligible PCPP discharge is$400,000,less any
funds previously spent to date,with an additional$100,000 in auxiliary funding
(available via amendment to this agreement if needed for remediation or monitoring in
order to achieve a No Further Action determination).
COVENANTS AND REPRESENTATIONS OF THE DEPARTMENT.
5. In accordance with Sections 376.3071, F.S., and rules adopted pursuant to that
Section, the Department will prepare Work Assignments, and procure the work as
appropriate with the contractor designated and will thereby be responsible to the
contractor solely for the Department's percentage of its cost share,whether that cost is
100% after a cost savings has been demonstrated, 75%cost share, or combination of both.
6. The Department will review and approve site rehabilitation activities in accordance with
the terms of the procurement orders and Chapter 62-780,F.A.C., and shall make copies of
such documents available to the Participant in the electronic site file Oculus
(https://depedms.dep.state.fl.us/Oculus/servlet/login). The Participant is further advised and
understands that the Department may task a locally contracted county with review of site
rehabilitation documents or procurement documents under this Agreement.
7. In accordance with Section 287.0582,F.S., the State of Florida's performance and
obligation to pay under this Agreement is contingent upon an annual appropriation by the
Legislature. The Participant understands that this Agreement shall not result in the
encumbering of State funds upon execution of the Agreement.
COVENANTS AND REPRESENTATIONS OF THE PARTICIPANT.
8. The Participant represents that he or she or it is qualified to enter into this Agreement and
able to fully perform their duties under this Agreement. Participant acknowledges that the
responsibilities and obligations of this Agreement survive the transfer of the above
referenced facility/property.
9. When the Participant is paying a 25%copayment,or copayment combination,the
Participant further agrees that it shall be subject to the prompt payment provisions of Section
215.422,F.S.,upon receipt of an invoice for its share of costs from the Contractor,when such
invoice is accompanied by a written approval by the Department of the work completed.
10. When Participants are paying a copayment,the Participant shall maintain and provide upon
request,documentation that the invoice amount was paid. Failure to timely and adequately pay
the contractor and provide proof of that payment to the Department upon request shall be
considered a material breach of the PCPP Agreement pursuant to paragraph 14 and may result
in loss of eligibility. The Department will request confirmation of payment/contractor
certification either via letter or e-mail after the Department has approved the contractor's
work.
Facility ID# 508630524 3 PCPP Agreement w/SAA template 3/5/2024
11. In accordance with Chapter 376,F.S.,it is unlawful for the Participant to receive any
remuneration,in cash or in kind,from a Contractor performing cleanup activities subject of this
Agreement.This would include an agreement whereby the Participant does not make timely
payments of the required copayment when the option of 25%copayment or copayment and
cost savings combination.
12. When a Participant is paying 25%copayment or copayment and cost savings combination,
the Participant shall maintain books,records,documents and other evidence pertaining to
compensation and payments directly pertinent to performance under this Agreement in
accordance with generally accepted accounting principles and practices consistently
applied.The Department,the State of Florida or their authorized representatives shall have
access, without cost, except reasonable costs associated with photocopying such records,
to such records for audit purposes during the term of this Agreement and for five years following
termination of this Agreement.
13.If the Participant is also the real property owner of the Property (Owner), Owner
hereby give(s)permission to the Department and all of its Contractors, subcontractors, and
vendors ("Contractor"), in addition to the ATC to enter the Owner's property to conduct
all investigations, inspections, site rehabilitation, and other activities necessary to comply
with this Agreement for as long as this Agreement is effective. Such permission includes
but is not limited to:
a. The Owner authorizes the Department and its Contractors to act as its authorized
representative in signing all required forms and documents necessary for obtaining
applicable permits related to environmental infrastructure improvements including
well construction, repair, maintenance, modification, and abandonment pursuant to
Chapter 373 F.S.
b. Access to the Property is required to maintain eligibility in the PCPP and Owner may
not revoke this Agreement with the Department until the appropriate site
rehabilitation completion order is issued under Chapter 62-780.680 or a low- scored
site initiative order issued pursuant to Section 376.3071(12)(b), Florida Statutes, is
final.
c. The Department acknowledges and accepts its responsibility under applicable law
(Section 768.28, Florida Statutes) for damages caused by the acts of its employees
while on the Property.
d. The Owner retains the right to use the Property, however, neither the Department nor
the Contractor are responsible for any inconvenience, economic injury, or business
damage that Owner may suffer due to the performance of activities conducted to
fulfill this Agreement.
e. The Owner shall not interfere with the Department or Contractors when performing
the activities to fulfill this Agreement. Owner shall not damage any equipment
including wells, piping, and remediation system that may be located on the Property.
Owner shall notify the Department 90 days prior to commencement of any
construction, paving, demolition, or other work on the Property that may damage or
destroy any part of the equipment installed under this Agreement.
Facility ID# 508630524 4 PCPP Agreement w/SAA template 3/5/2024
If Participant is not the current real property owner, a Site Access Agreement (SAA)
must be executed by the real property owner and timely submitted to the Department
before work can proceed. The Department will request site access from the real property
owner. If an acceptable SAA is not timely submitted by the current real property owner,
eligibility in the PCPP may be revoked, regardless of this PCPP Agreement. Participant
shall assist the Department in contacting and obtaining a SAA.
Please complete the following only if the Participant is the Owner:
A. Are additional requirements attached to this agreement? If neither are checked,the
Department will assume"NO."Note:Additional requirements must be on a separate page
titled Exhibit C and include the facility ID#,owner signature and date on the page. If an Exhibit C
is not submitted to the Department with the signed Site Access Agreement,the Department will
consider that you have changed your selection from"YES"to"NO".
n YES D NO
B. Do you wish to participate or provide input with respect to rehabilitation of this
facility?If neither are checked, the Department will assume"NO."
E YES ❑NO
C. Do you want the site rehabilitation Contractor to contact you to obtain a separate
site access agreement?Note: Optional site access agreements between the owner
and site rehabilitation Contractor must be completed within (90)calendar days.
Since such an agreement is neither necessary nor required, state-funded site
rehabilitation activities will begin whether or not you and the site rehabilitation
Contractor have executed this optional agreement. Entities listed in paragraph 3
which this agreement provides immediate access for are excluded from this option
of obtaining an additional site access agreement.
E YES LI NO
Only applicable if Participant agreed to proceed under the selected option 2 (25%
copayment).
D. If you wish to exercise the option to reject one Contractor prior to assignment of work,
please enter an email address. . If you do
not have an email address,you can enter a telephone number instead.
TERMINATION OF AGREEMENT AND REMEDIES FOR BREACH OF
AGREEMENT.
14. This Agreement may be terminated for material breach of obligations by either Party.
Material breach means substantial failure to comply with the terms and conditions of this
Agreement. A Party terminating the Agreement shall give written notice of the breach to the
other Party within 14 days of discovery of facts giving rise to the breach. Such notice shall be
of sufficient detail so that the Party allegedly in breach can formulate a remedy. If the
breach is remedied within 15 days of the notice,the Agreement shall remain in effect. If the
Facility ID# 508630524 5 PCPP Agreement w/SAA template 3/5/2024
breach is not remedied within 15 days of the notice,the Agreement may be terminated within
15 days of the close of the 15 day remedy period. Failure to timely pay the Participant's 25%
co-payment or 25%copayment and cost savings combination is considered a material breach
of this PCPP Agreement. In the event that the Department determines, in its sole discretion,
that the Participant is in breach of this Agreement, the Department reserves the right to
exercise all remedies at law and equity.
15. The Department reserves the right to unilaterally cancel this Agreement for refusal by
the Participant to allow public access to all documents,papers, letters or other material
regardless of the physical form,characteristics, or means of transmission,made or
received subject to the provisions of Chapter 119, F.S., in conjunction with this
Agreement (public records). The Department may terminate this agreement without cause
with notice to the Participant pursuant to paragraph 17.
16. The parties hereto agree to waive any right to jury trial under this Agreement.
NOTICES.
17. Any notice or written communication required or permitted hereunder between the
Parties shall be considered received when delivered via electronically by e-mail or
delivered in person or by mail by the appropriate Party Representative. Party
Representatives are as follows:
Department Representative: Participant Representative:
Kenneth Busen, P.G. 1ltYtr, tNge/N5c--‘
PCPP Coordinator Name
Petroleum Restoration Program Department of
Environmental Protection 1?..A5Vc- Lo>rKs Dtrec,ior
2600 Blair Stone Road, MS 4580 Title
Tallahassee, Florida 32399-2400
Phone: (850)245-8745 100E•' Czar, Alt •
Street Address
E-mail: Kenneth.BusenAFloridaDEP.gov
t'-vr ,tw, ,FL 33 S
City,State,Zip
stet— 94.1 Lti
Phone
0.4trOci K- CO b6 F!r• v
Email
AMENDMENTS.
18. Any amendment to this Agreement must be in writing and signed by the Parties.
Facility tD# 508630524 6 PCPP Agreement w/SAA template 3/5/2024
ASSIGNMENT.
19. This Agreement shall not be assigned by either Party without prior written consent of
the non-assigning Party.The Department will not accept assignment of this Agreement to
any person or entity that,in the Department's determination,is unable to reliably comply
with the 25%cost savings,co-payment,or combination of both obligation.
CHOICE OF LAW/FORUM.
20. The parties hereby agree that any and all actions or disputes arising out of this Agreement
shall be governed by the laws of the State of Florida;and any such actions shall be brought in
Leon County, Florida.
RESPONSIBILITY FOR SITE REHABILITATION WHERE CLEANUP COSTS
EXCEED SPENDING LIMITATIONS.
21. In accordance with Section 376.3071(13Xf),F.S.,in the event that the funding
limitations specified in Section 376.3071(13),F.S.,are exhausted or exceeded prior to
completion of site rehabilitation,the Participant shall be obligated to continue site
rehabilitation activities in accordance with Section 376.3071(5),F.S.,and Chapter
62-780,F.A.C. If the Participant fails to timely continue the site rehabilitation activities the
Department and its contractors)are permitted to continue performing assessment and remedial
activities that the Department, at its sole discretion,deems appropriate. The Department
will designate its own contractor(s)to undertake site rehabilitation actions without the approval
of the Participant or any other party.The Department or its contractor(s)will perform any
assessment and remedial activities that the Department, at its sole discretion deems
appropriate to address the remaining petroleum contamination.As such, the Department, at its
sole discretion,may choose to undertake assessment or cleanup activities that are less
stringent than the requirements of Chapters 62-780 and 62-777,F.A.C., and which may not
result in the issuance of a Site Rehabilitation Completion Order. Pursuant to Section
376.3071(7)(b),F.S., the Department will seek recovery for all sums expended by the
Department for actions taken pursuant to this paragraph. Therefore, the Department
explicitly reserves its right to seek recovery from the Participant or any other responsible
party that amount which was expended by the Department in these matters.
ENTIRE AGREEMENT.
22. It is hereby understood and agreed that this Agreement states the entire agreement
and that the Parties are not bound by any stipulations,representations,agreements or
promises,oral or otherwise,not printed in this Agreement. This Agreement is binding
upon execution of the Agreement and is for the benefit of the Parties and to no other entities or
persons not signatories to this Agreement.This PCPP Agreement is the primary Agreement
between the Parties and any conflict between the PCPP Agreement and any of the
attachments the PCPP Agreement controls. No exhibit or attachment to this PCPP
Agreement can modify any statutes, rules, or procedures applicable to the Petroleum
Restoration Program.
Facility ID# 508630524 7 PCPP Agreement w/SAA template 3/5/2024
FOR THE DEPARTMENT: FOR THE PARTICIPANT: (rt./of Euirocon
Natasha Digitally signed by
Natasha Lampkin
Lampkin Date 2025 33-05' ' f r--1.16 07.33-05'00'
Natasha Lampkin P• rc I• Signature
Program Administrator
Petroleum Restoration Program Print Name: 1-4 ?e,nacx5 4._.
Title: 1A.0, or
Date: //732/14 Air
CITY A ORNEY'S OFFICE
Approv s to form andgalleeri
By: 110/14
Exhibits: Exhibit A- Legal Description of the Property [Attach a legal description of
the Property—from the most current deed and or a survey sketch/map of the
property with GPS or other locational information]
Exhibit B- Documents required to be submitted and attached to this
Agreement pursuant to the option selected one page 1 and 2 of this
Agreement.
Facility ID# 508630524 8 PCPP Agreement w/SAA template 3/5/2024
Below is a checklist of the appropriate documents required to be submitted as Exhibit B
with the PCPP Agreement.
1.a.When Participant is providing a 25%cost savings(as demonstrated in the
form of reduced rates by the proposed ATC)to the Department attach:
ATC's written commitment to a reduction in its Department ATC rates
OR
1.b. When Participant is providing a 25% cost savings(RMO H)to the Department
attach:
ElParticipant's executed PCPP Conditional Closure Agreement(CCA)with an
endpoint of RMO II, with Attachment B Conditional Closure Agreement
Contractor Recommendation
Participant's signed PCPP Declaration of Interim Restrictive Covenant(DIRC,
only the current real property owner(s)can execute this document)
OR
2. When Participant is paying a 25%copayment of the cost to cleanup: none required
OR
3. When Participant is providing a combination of both a cost savings and
copayment equal to 25%of the cost of deanup attach:
JJATC's written commitment to reduction in its Department ATC rates with
details of percentages for copayment and reduced rates
Please note, the above constitutes documentation required for Exhibit B,which will
become a part of the PCPP Agreement. Additional Backup Documentation (such as the
cost share contractor selection sheet, scope of work and cost estimate template, etc.)may
also be required as a separate file during the PCPP submission process. Refer to the PCPP
Instructions for Completion (https://floridadep.gov/waste/petroleum-
restoration/documents/instructions-completion-pcpp-agreement) for full details on
submitting.
Facility ID# 508630524 9 PCPP Agreement w/SAA template 3/5/2024
Exhibit A
Legal Description:
CONGRESS GROVE LTS 1 THRU 7 BLK 1, S 1/2 OF 40 FT ABND PT OF 8TH LYG N OF&
ADJ TO&N 1/2 OF 30 FT ABND CONGRESS CT LYG S OF& ADJ TO
Facility ID: 508630524
american
environmental
engineering
EXHIBIT B
December 3,2024
Sent via email to DWM PRP PCPPRfloridaDEP.gov
PCPP Coordinator
Florida Department of Environmental Protection
2600 Blair Stone Road
Mail Station 4580
Tallahassee, Florida 32399-2400
Subject: Commitment of Rate Reduction for Petroleum Cleanup Participation Program
(PCPP)Agreement
Boynton Beach City—Public Works
222 NE 9th Avenue
Boynton Beach, Palm Beach County, Florida
FDEP Facility ID# 508630524
Discharge Date(s): 03/24/1988 PCPP
Score: 28
PCPP Coordinator,
As part of the July 01, 2020 revisions to Section 376.3071(13) Florida Statutes,
owners/responsible parties (RP) may meet their 25% obligation via cost savings
demonstrated in the form of reduced rates by the proposed agency term contractor(ATC).
This letter serves to notify the Florida Department of Environmental Protection (FDEP)
Petroleum Restoration Program (PRP) that American Environmental Engineering of
Florida, Inc. (DEP Contractor ID# 00010), as the recommended contractor for the above
referenced facility, agrees to a reduction of rates, in its ATC contract in the same region as
the listed facility,as required to achieve the 25%cost savings.
Sincerely,
Robert Brown, P.E.
President
American Environmental Engineering of Florida, Inc.
ec: Juan Manzano, City of Boynton Beach, ManzanoJ@bbfl.us
PCPP ATC Commitment of Rate Reduction Letter 1/6/2021
FLORIDA DEPARTMENT OF RonGove o►
O
\OP DEPART,yf
til
°I Environmental Protection Jeanette Nunez
i Z Lt.Governor
-
' O4 o1�� Bob Martinez Center Noah Valensteln
MENTAL Pa 2600 Blair Stone Road Secretary
Tallahassee, FL 32399-2400
PETROLEUM RESTORATION PROGRAM
COST SHARE SITE CONTRACTOR RECOMMENDATION SHEET
The Responsible Party(RP)may use this sheet to recommend an Agency Term Contractor with a contract in the same region
as the site to perform work pursuant to a cost-share agreement in the Petroleum Restoration Program (PRP) that meets the
25% or higher cost share requirement pursuant to Chapter 62-772, Florida Administrative Code, Procurement Procedures
for the Petroleum Restoration Program. The entity selecting the Contractor must be a party to the executed cost share
agreement.
Site Name: Boynton Beach City - Public Works FDEP Facility ID#: 508630524
Site Address: 222 NE 9th Avenue Parcel ID#: 08-43-45-21-06-001-0010
Responsible Party Name: City of Boynton Beach
Responsible Party Rep. Name &Title: 1(c.v‘1- QNch, ) R,b{;c 4-+oras r•ec}oy-
Responsible Party Rep. Phone #& E-mail: SLt- rye-Sn�iB� p at.,,f.,1 ebb Et.• us
Select only one of the contractor options listed below:
()Recommend a PRP Agency Term Contractor with a valid contract in the region of the site:
Co. Name: American Environmental Engineering of Florida, Inc. DEP Contractor ID#: 10
Rep. Name&Title: Robert Brown, President
Rep. Phone# & E-mail: 850-545-0672 robert.brown@aeeus.com
()Allow the DEP to select a competitively procured contractor for the next scope of work in accordance with s. 287.057,
Florida Statute.
I understand that the contractor selection option chosen above cannot be changed once it has been approved by the
Department, unless poor performance by the Contractor is affirmatively demonstrated.
Ty Penserga - Mayor Vt001.1-
Responsible Party Rep. Name& Title .ire •
Completed forms should be emailed to DWM.PRP.Contractor.Recommendations(c dep.state.fl.us or sent to the
letterhead address, Mail Station 4580, Attention: Robert Perlowski. Questions about cost share site contractor selection
may be referred to Rob Perlowski at 850-245-8917 or at Robert.Perlowski@dep.state.fl.us.
A list of Agency Term Contractors by region is available on the Petroleum Restoration Program Website at
https://11oridadep.gov/waste/petroleum-restoration/content/qua1if ied-contractor-information
Cost Share Contractor Recommendation Sheet 71217