All words and phrases defined in Sections 287.012, and 376.301, F.S., shall have the same meaning when used in this chapter.

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Terms Used In Florida Regulations 62-787.200

  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
    (1) “”Continuing Contract”” means a Contract between the Department and a PRAC for an indefinite quantity of Professional Services as described in the scope of services in the Continuing Contract for a period of time defined in the Continuing Contract.
    (2) “”Department”” means the Department of Environmental Protection.
    (3) “”Firm”” means a partnership, corporation, or other legal entity that is certified under Florida Statutes § 471.023, to practice or offer to practice engineering.
    (4) “”Level of Effort”” means the estimate that the PRACs will provide based on their Project assessment, including the cost(s) from lowest responsible and responsive bid(s) from non-Professional Services.
    (5) “”Oral Evaluation Committee”” means Department employees selected by the Department head or designee to evaluate the oral presentation portion of the Request for Qualifications.
    (6) “”Pollution Response Action Contractor”” or “”PRAC”” means a single entity that is responsible for a Project, including scheduling and coordination, in both pre-rehabilitation and rehabilitation phases, and generally responsible for the successful, timely, and economical completion of the Project. The PRAC shall also be responsible for procurement and management of all non-Professional Services contractor(s) used on a Project.
    (7) “”Professional Services”” means pursuant to Florida Statutes § 287.055, those services within the scope of the practice of architecture, professional engineering, landscape architecture or registered surveying and mapping, as defined by the laws of the State of Florida, or those performed by any architect, professional engineer, landscape architect, or registered surveyor and mapper in connection with his or her professional employment or practice.
    (8) “”Project”” means a response action as defined in Florida Statutes § 376.301
    (9) “”Request for Qualifications”” or “”RFQ”” means a solicitation for statements of qualification for the Department to select one or more vendors to provide Professional Services under a Continuing Contract, performed in accordance with Florida Statutes § 287.055, and the procedures outlined in Rules 62-787.300 and 62-787.400, F.A.C.
    (10) “”Site”” means any “”contaminated site”” as defined in Florida Statutes § 376.301
    (11) “”Task Assignment”” means written authorization by the Department to a selected PRAC to use contracted services to conduct a defined set of activities related to a Project for a Site or multiple Sites under the Waste Cleanup Program.
    (12) “”Task Assignment Change Order”” means a modification to a Task Assignment by written authorization prior to the expiration of the Task Assignment or underlying Continuing Contract.
    (13) “”Technical Evaluation Committee”” means Department employees selected by the Department head or designee to evaluate the technical presentation portion during the Request for Qualifications.
    (14) “”Waste Cleanup Program”” means all response action activity, regardless of funding source, excluding response actions addressed pursuant to rule Fl. Admin. Code Chapter 62-772
Within four years of the effective date of this rule, the Department will evaluate this rule to determine if the Department needs to repeal this rule in accordance with the procedures set forth in Florida Statutes § 120.54
Rulemaking Authority 287.0595, 376.303 FS. Law Implemented 287.055, 287.0595, 376.30, 376.301, 376.303, 376.305, 376.307, 376.3078 FS. History—New 11-17-20.