Item C29 C.29
J �� BOARD OF COUNTY COMMISSIONERS
County of Monroe ire �f �r�l � � Mayor Heather Carruthers,District 3
The Florida.Keys Mayor Pro Tem Michelle Coldiron,District 2
Craig Cates,District I
David Rice,District 4
Sylvia J.Murphy,District 5
County Commission Meeting
July 15, 2020
Agenda Item Number: C.29
Agenda Item Summary #7079
BULK ITEM: Yes DEPARTMENT: Emergency Management
TIME APPROXIMATE: STAFF CONTACT: Jeff Manning (305) 289-6325
NA
AGENDA ITEM WORDING: Approval of an agreement between the Florida Power and Light
Company (FP&L) and the Monroe County Board of County Commissioners in the amount of
$313,438.00, fully funded and no county match, concerning Radiological Emergency Preparedness
for Fiscal Year 2021 and Fiscal Year 2022, and authorization for the County Administrator to
execute any other required documentation in relation to the agreement process.
ITEM BACKGROUND: This is a two-year agreement between FPL and Monroe BOCC to
provide funding to enable the County to carry out responsibilities which have been defined by the
U.S. Nuclear Regulatory Commission in its Rule 10 CFR Parts 50 and 70, and NUREG 0654,
FEMA-REP-1, "Criteria for Preparedness and Evaluation of Radiological Emergency Response
Plans and Preparedness in Support of Nuclear Power Plants." This agreement shall commence
October 1, 2020 and shall terminate September 30, 2022. The parties have agreed that FPL shall pay
the County the following amounts to carry out responsibilities under this agreement: $153,646.00
for Fiscal Year 2020/2021, and $159,792.00 for Fiscal Year 2021/2022.
PREVIOUS RELEVANT BOCC ACTION: Monroe County and the Florida Power & Light
Company have executed agreements for this purpose since 2002.
CONTRACT/AGREEMENT CHANGES:
NA
STAFF RECOMMENDATION: Approval. A revenue cost center is requested from OMB as
follows: FY 2021 (Oct 2020 to Sept 2021) $153,646.00; and FY2022 (Oct 2021 to Sept 2022)
$159,792.00
DOCUMENTATION:
MONROE AGREEMENT 2020-2022 - SIGNED
FINANCIAL IMPACT:
Packet Pg. 1088
C.29
Effective Date: October 1, 2020
Expiration Date: September 30, 2022
Total Dollar Value of Contract: $313,438.00
Total Cost to County: 0
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match: 0
Insurance Required: NO
Additional Details:
NA
REVIEWED BY:
Shannon Weiner Completed 06/29/2020 1:41 PM
Pedro Mercado Completed 06/29/2020 1:56 PM
Purchasing Completed 06/29/2020 2:02 PM
Budget and Finance Completed 06/29/2020 4:01 PM
Maria Slavik Completed 06/29/2020 4:10 PM
Kathy Peters Completed 06/29/2020 4:25 PM
Board of County Commissioners Pending 07/15/2020 9:00 AM
Packet Pg. 1089
AGREEMENT BETWEEN
FLORIDA POWER & LIGHT COMPANY
AND
THE COUNTY OF MONROE
This Agreement is between Florida Power & Light Company (hereinafter
CD
"Company"), and the County of Monroe (hereinafter "County").
I. PURPOSE
A. Certain responsibilities have been defined by the U.S. Nuclear
Regulatory Commission (hereinafter "NRC") in certain provisions of
10 CFR Parts 50 and 70 and in the NRC guidance document
NUREG 0654, FEMA-REP-1, Revision 1, "Criteria for Preparation
and Evaluation of Radiological Emergency Response Plans and
Preparedness in Support of Nuclear Power Plants." There exists a
possibility of duplication of effort in meeting those responsibilities by ru
the Company and County. The resulting increased financial burden
on taxpayers and consumers can be avoided by the development
of a cooperative relationship between state and local public
agencies and the nuclear power utility. The County is authorized,in Sections 252.35 and 252.60 of Florida Statutes, to participate in
such cooperative relationships and is further authorized, in Section
252.37 of Florida Statutes, to accept services, equipment, supplies,
materials, or funds for emergency management. The purpose of
this Agreement is to define certain aspects of the relationship
N
between the County and the Company. '
N
N
B. The NRC regulations and guidance cited above are incorporated as
requirements in this Agreement by reference. All activities that are
the subject of the Agreement shall comply with those requirements
(hereinafter "Federal Emergency Preparedness Requirements").
II. BUDGET
The parties have agreed to the Work Scope and Funding attached hereto
and incorporated herein as Exhibit A. Said budget provides that the
County will require the sum of dollars specified in Exhibit A to carry out its
responsibilities hereunder.
1
Packet Pg. 1090
III. PAYMENT
Upon execution of this Agreement and receipt of associated invoicing, the
Company shall make equal semi-annual advances to the County as
described in Exhibit A. Expenditures by the County shall be based upon
the approved budget attached hereto and incorporated herein.
IV. TITLE TO EQUIPMENT
Any equipment purchased by the County under this Agreement shall be y
the property of the County. This equipment is to be used for the activities
described herein for the term of this Agreement and subsequent
agreements between the parties. Upon termination of the agreements
and cessation of the County's activities, the equipment will remain the
property of the County.
V. INTEREST
The unexpended portion of advance payments to the County shall be ru
invested in an interest bearing account in accordance with applicable
county regulations, if any. At the end of the term agreement period, the
County shall either refund all unexpended funds to Company or reflect all
remaining interest earned as funds carried forward and apply such funds to any additional term of this agreement, as appropriate.
VI. AUDIT
N
A. The County shall (at any time during normal business hours and
N
with five business days advance notification) make available for '
examination, to the Company and any of its duly authorized
representatives, all of the records and data with respect to all
matters covered by this Agreement. The County shall permit the
Company and its designated authorized representatives to audit
and inspect all costs and supporting documentation for all matters
covered by this Agreement. The County shall provide an annual
audited financial statement at the end of the Agreement period.
B. The County shall retain all financial records, supporting documents,
statistical records, and any other documents pertinent to this
Agreement for a period of three years after the date of submission
of the final expenditure report. Or, if an audit has been initiated
during the term of this Agreement and audit findings have not been
resolved, the records shall be retained until resolution of the audit
findings. In addition, the County shall maintain time and
attendance records for all salary costs charged to this Agreement.
2
Packet Pg. 1091
VII ASSIGNMENT
The County may assign the right to accept services, equipment, supplies,
materials, or funds to any appropriate local governing body or agency.
VIII TERMS OF AGREEMENT
A. The term of this Agreement is October 1, 2020 to September 30,
2022, unless sooner terminated in accordance with Paragraph B of
this Article. y
B. Either party may terminate this Agreement in whole or in part
without cause, by providing sixty (60) days notice in writing to the
other party. Upon termination of this Agreement, all unexpended
funds shall be returned to the Company and an audit may be
performed in accordance with Article VI of this Agreement.
C. The County agrees to be bound by the provisions included in the LU
Standard Conditions attached to and incorporated by reference in ru
this Agreement.
c
IX. MODIFICATIONS
Any modifications to this Agreement shall be in writing and signed by both
parties. In the event the statutes, rules, regulations, or plans applicable to
this Agreement are revised, voided, or rescinded, the parties agree to
consider reasonable modifications to this Agreement.
N
N
By their signatures below, the following officials have agreed to these '
N
terms and conditions. CDFOR THE COUNTY FOR THE COMPANY
By: By:
Brian Stamp
(Type Name) (Type Name)
Site Director, Turkev Point
(Title) (Title)
_June 26th, 2020
(Date) (Date)
3
Packet Pg. 1092
STANDARD CONDITIONS
1. Extension of this Agreement shall be in writing for a period not to exceed
six months and shall be subject to the same terms and conditions set forth
in the initial Agreement. There shall be only one extension of the
Agreement unless the failure to meet the criteria set forth in the
Agreement for completion of the Agreement is due to events beyond the
control of the Company.
2. All bills for fees or other compensation for services or expenses shall be y
retained and have sufficient detail for a proper audit.
3. Pursuant to Section 216.347, Florida Statues, the County agrees that no
funds from this Agreement will be expended for the purpose of lobbying
the Legislature or a State agency.
c
LU
LU
LU
N
N
N
N
4
Packet Pg. 1093
Exhibit A
Work Scope and Funding
I. Work Scope:
The County shall be responsible for participation in the following
CD
radiological emergency planning and preparedness activities:
A. The County's responsibilities shall include coordination with the
Company in the development, maintenance and implementation of
an emergency preparedness program in support of the Company's
nuclear power program. The County shall perform those actions
associated with maintaining emergency preparedness as described
in the Federal Emergency Preparedness Requirements and
implemented in Annex A of the State Comprehensive Emergency
Management Plan and other implementing procedures. The LU
County agrees to implement these requirements professionally and ru
successfully in maintaining the County in a state of readiness.
c
B. The County and Company shall collaborate in the development of a
safety planning booklet, to be distributed to persons within ten-
miles of the Turkey Point Nuclear Power Plant. The County and
LU
Company shall collaborate in the development and distribution of
information for parents of children who attend school within the ten-
mile Emergency Planning Zone.
N
N
C. The County shall monitor changes in land use and population within '
the ten-mile Emergency Planning Zone. The County shall provide
the Company an update of the population in the Emergency
Planning Zone, by geographical boundaries, based on available LU
county records. This population update should be provided in the LU
LU
first quarter of each year. The County shall advise the Company of
any change in land use that may warrant a change in the County's
planning basis for nuclear power plant emergency response and LU
preparedness or involve inclusion in Annex A of the State
Comprehensive Emergency Management Plan. This advisement
must be within 90 days following discovery of a significant change
in land use.
D. The County shall maintain current radiological emergency plans
and implementing procedures for the County as required by
Federal Emergency Preparedness Requirements.
5
Packet Pg. 1094
E. County personnel assigned emergency response duties shall
successfully complete radiological emergency training as required
by Federal Emergency Preparedness Requirements and Chapter
15 of Annex A of the State Comprehensive Emergency
Management Plan. Documentation of training shall be maintained
and made available for inspection upon the request of the
Company.
F. The County shall participate in Radiological Preparedness and
Response exercises and the evaluation thereof. y
G. The Company shall furnish to the County copies of Federal
Emergency Preparedness Requirements and any revisions thereto
within 90 days following enactment.
H. The County shall invoice the Company per the funding section of
this Agreement. The County shall include a financial report that
provides the status of the expenditures covered by the Agreement LU
current at time of billing. ru
II. Funding
Funding will be provided to the County by the Company to enable the --
County to carry out its responsibilities above, comply with Federal
LU
Emergency Preparedness Requirements, and carry out the provisions of
the emergency plan mandated thereby.
N
The parties have agreed to the funding amounts as detailed below. The
funding provides that the County will require the sum of$153,646.00
annually to carry out their responsibilities here under for fiscal year CD
2020/2021 and $159,792.00 for fiscal year 2021/2022.
The Company shall pay the County, upon invoice, an annual amount not
to exceed the amount specified below for the reimbursement of costs
incurred in the performance of duties associated with maintaining
radiological emergency preparedness for the County. Such costs shall LU
only include reasonable and necessary costs associated with
maintenance of radiological emergency preparedness for the County.
Fiscal Year October 2020 through September 2021 $153,646.00
Fiscal Year October 2021 through September 2022 $159,792.00
NOT TO EXCEED AMOUNT $313,438.00
6
Packet Pg. 1095
Upon receipt of a County invoice in October and April of each year, the
Company shall advance 50% of that fiscal year's budget amount to the
County. For each year covered under this agreement, the Company shall
provide funding to the County semi-annually in the same manner.
The County agrees that funds needed for the correction of any E
"deficiency," as defined by the Federal Emergency Preparedness
Requirements, in the County's plans or program will be offset with existing
funds from the current approved budget. Funds necessary to implement y
changes required by the Federal Emergency Preparedness
Requirements, Annex A of the State Comprehensive Emergency
Management Plan, or local operating procedures will be offset with
existing funds to the extent practical. The Company and County shall
review and agree on any supplemental funds that may be necessary to
meet the change.
In the event the Company and County are unable to resolve differences LU
regarding funding for preparation, testing and implementation of ru
radiological emergency response activities, the parties shall first meet to
resolve the dispute. If informal meetings are unsuccessful in resolving the
issues, any dispute or controversy between the parties arising out of or in
connection with this agreement must be submitted, by either party, to final and binding arbitration before a single arbitrator in accordance with the
LU
Commercial Rules of the American Arbitration Association, and judgment
upon the award rendered by the arbitrator may be entered in any court
having jurisdiction thereof. Each party shall be responsible for its
attorneys' fees and costs incurred in the arbitration. The arbitrator's fees
N
shall be paid in equal parts by the parties unless the award shall specify a '
different division of the fees. Venue for arbitration proceedings brought
hereunder shall lie in Monroe County, Florida.
LU
The Company shall be responsible for providing all funding under this LU
LU
Agreement to the County.
At the end of the term of this Agreement, the County shall either refund all LU
unexpended funds to Company or reflect all remaining interest earned as
funds carried forward and apply such funds to any additional term of this
Agreement, as appropriate. The County and the Company may also
discuss alternatives for disposition of excess funds, provided, however,
that such alternatives shall be effective only upon execution of an
agreement in writing by the County and the Company.
7
Packet Pg. 1096
Exhibit A
MONROE COUNTY EMERGENCY MANAGEMENT
RADIOLOGICAL EMERGENCY PREPAREDNESS
FY 20/21 AND FY 21/22 BUDGET
CATEGORY 20/21 BUDGET 21/22 BUDGET
Salaries & Fringe $107,850 $112,164
Benefits
Contractual Services * $8,950 $9,308
Communications ** $16,707 $17,375
Travel $4,773 $4,964
Supplies $4,176 $4,343
Insurance $1,909 $1,985 2
Capital Equipment *** $7,011 $7,291
Maintenance & Repairs $596 $620
Vehicle Allowance $1,675 $1,742
Total $153,646.00 $159,792.00
N
N
Includes funds used to pay for training and exercise participants and other
training related expenses.
** Includes phone lines for Tavernier EOC.
*** Includes major equipment purchases such as Portal Monitor and
Radiological Survey Meters.
8
Packet Pg. 1097