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BOOK 97 PAGE 237 FLEET MANAGEMENT UNDERGROUND FUEL TANK REMEDIATION/REBIBURSEMENT OF COUNTY EXPENDITURES The Board reviewed the following memo dated 1/31/96: TO: James Chandler County Administrator FROM: James W. Davis, P.E. Public Works Directo 41, SUBJECT: Fleet Management Underground Fuel Tank Remediation Reimbursement of County Expenditures RE: 1) J. Edward Monger to James Davis dated January 22, 1996 2) James Davis to Julio Pantojo, Gurr Omega, Inc, dated August 29, 1995 DATE: January 31, 1996 The Public Works Department has completed remediation of the abandoned Fleet Management Underground Fuel Tanks located at 4625 41 st Street. In June, 1993, about halfway through the project, Indian River County (CUENT) entered into an agreement with CReanAmerica Financial Corporation and TransAmerican Environmental, Inc. (CONSULTANT) which authorized the CONSULTANT to perform remedial activities on CLIENT'S properly and to seek reimbursement from the State of Florida under the Abandoned Tank Restoration Program. Special language was added to the agreement which stated that the CONSULTANT agrees to include in future reimbursement applications those costs incurred by CLIENT associated with the assessment and/or remediation of petroleum contamination associated with the site. CONSULTANT was to pay the CLIENT those costs reimbursed by the State within fifteen (15) days of receipt by CONSULTANT. In 1994, Gurr Omega, Inc. was assigned the agreement between the County and CAFC/TransAmerican Environmental. The Indian River County staff had no knowledge of the assignment and no contact with Gurr Omega staff so that the County costs on the project inured prior to the reimbursement agreement could be included In the reimbursement application Gurr Omega filed with Department of Environment Protection. In 1994, the County prepared a reimbursement application for $56,827.02 which was returned by Department of Environmental Protection. These costs were incurred prior to June 1993 and should have been Included for reimbursement. On October 20,1995, the Public Works Department met with Gurr Omega and the attomey for TransAmerican Environmental. The parties in attendance proposed that TransAmerican Environmental will hire an independent, third party Consultant to review the County's expenses incurred prior to June, 1993, to determine what expenses are eligible for State reimbursement. The County and TransAmerican must both approve the selection of the Consultant. The Consultant fees, not to exceed $1 M.00, would be paid by TransAmerican Environmental. Once eligible M FEBRUARY 6, 1996 � r �