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Item C12 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: April 17. 2002 Division: Public Safety Bulk Item: Yes X No Department: Fire Marshal AGENDA ITEM WORDING: Approval of an Agreement with the State of Florida, Division of Community Affairs, concerning the Hazardous Material Plan, Agreement #02CP-II-II-54-22-031 ITEM BACKGROUND: Every two (2) years, the State of Florida, Department of Community Affairs, provides the County with funds to perform facility hazards and risk analysis, update our Hazardous Materials Plan and provide training in Hazardous Materials to county personnel and responders. A matching amount is not required. The contract requires funds to be used for hazardous materials related equipment and training, PREVIOUS RELEVANT BOCC ACTION: The BOCC approved the previous contract on June 20,2001. CONTRACT/AGREEMENT CHANGES: Contract has changed to yearly rather than every two years. Half of the analysis will be done in each one-year period. STAFF RECOMMENDATIONS: Approval TOTAL COST: COST TO COUNTY: None BUDGETED: Yes No _ N/A REVENUE PRODUCING: Yes X No AMOUNTPERMONTH_ Year $2.505.00 APPROVED BY: County Atty YES OMB/Purchasing YES Risk Management YES DIVISION DIRECTOR APPROVAL: DOCUMENTATION: Included X To Follow Not Required _ DISPOSITION: AGENDA ITEM # elL Revised 2/27/01 MONROE COUNTY BOARD OF COUNTY COMMISSIONER..,) CONTRACT SUMMARY Contract with: DCA. State of Florida Contract #02CP- 11-11-54-22-031 Effective Date: Ex.piration Date: 71112002 Contract PurposelDescription: The State of Florida, Department of Community: Affairs provides financial assistance to the counties to support the conduct of site-specific hazards analysis and hazardous uiateriaJs training activities. There is no match requirement for these funds. ; Contract Manager. Bill Surma 6045 Fire Marshal # 14 (Name) (Ext. ) (Department/Stop #) for BOCe meeting on 4/17/02 Agenda Deadline: 4/3/02 CONTRACT ; COSTS Total Dollar Value of Contract: $ 2,505,00 Budgeted? YesD No 0 Account Codes; Grant: $ 2,505.00 County Match: $ N/A Current Year Portion: S 2,505.00 - ---- - -- ----- - - - ----:--- - -- - ADDmONAL COSrs- -- Estimated Ongoing Costs: $ Iyr For: ; (Not included in doUar value abov~ (eg. maintenance. utilities, janitorial, salaries. etc.) CONTRACT REVIEW Cho.ngcs 1(it!~n Needed Division Director 0 L YesD No RiskM...gemem 4-~7.- Ves[]NOg",\,\}~ rc,&l~ O.M.B./Purcbasing #z..ves[]Nog-/~ County Attomey ~2-YesDNog-' ~ Date Out - Comments: OMB Fa"" It.evised 2/27101 MCP #2 l'd EI09-SB2 ~"lunoo itO-lUOIll d22:..n ~n ~n -lei... Contract Number: 02CP-11-11-54-22-031 CONTRACTUAL SERVICES AGREEMENT THIS AGREEMENT is entered into by and between the State of Florida, Department of Community Affairs, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Department"), and Monroe County, (hereinafter referred to as the "County"). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOllOWING FACTS: A. WHEREAS, the County represents that it is fully qualified, possesses the requisite skills, knowledge, qualifications and experience to provide the services identified herein, and does offer to perform such services, and B. WHEREAS, the Department and the County recognize the significant threat that hazardous materials incidents pose to the residents and the environment of the State of Florida; and C, WHEREAS, safeguarding the lives and property of its residents is an innate responsibility of the governing body of each county in the State of Florida; and D. WHEREAS, the 2001 legislature authorized funding to support county hazardous materials emergency planning through the Department. NOW, THEREFORE, the Department and the County do mutually agree as follows: (1) SCOPE OF WORK. The County shall furnish the necessary personnel, materials, services and facilities (except as otherwise provided herein) and shall do all things necessary for or incident to the performance of work and services set forth in this Agreement and in the Scope of Work attached hereto and incorporated by this reference as Attachment B. The County shall perform and render such work as an independent Contractor and not as an agent, representative or employee of the Department. Such work shall be performed in a proper manner, satisfactory to the Department. (2) INCORPORATION OF LAWS. RULES. REGULATIONS AND POLICIES, Both the County and the Department shall be governed by applicable State and Federal laws, rules and regulations, (3) PERIOD OF AGREEMENT, This Agreement shall begin on July 1, 2001 and shall end June 30, 2002, unless terminated earlier in accordance with the provisions of paragraph (8) of this Agreement. (4) MODIFICATION OF CONTRACT: REPAYMENTS Either party may request modification of the provisions of this Agreement. Changes which are mutually agreed upon shall be valid only when reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement. All refunds or repayments to be made to the Department under this Agreement are to be made payable to the order of "Department of Community Affairs", and mailed directly to the Department at the follo,,!,ing address: Department of Community Affairs Cashier Finance and Accounting 2555 Shumard Oak Boulevard Tallahassee FL 32399-2100 In accordance with 9 215.34(2), Fla, Stat.. if a check or other draft is returned to the Department for collection, the Department must add to the amount of the check or draft a service fee of Fifteen Dollars ($15.00) or Five Percent (5%) of the face amount of the check or draft, (5) RECORD KEEPING (a) If applicable, County's performance under this Agreement shall be subject to the federal "Common Rule: Uniform Administrative Requirements for State and Local Governments" (53 Federal Register 8034) or OMB Circular No, A-110, "Grants and Agreements with Institutions of High Education, Hospitals, and Other Nonprofit Organizations," and either OMS Circular No. A-87, "Cost Principles for State and Local Governments," OMB Circular No. A-21 , "Cost Principles for Educational Institutions," or OMB Circular No. A-122, "Cost Principles for Nonprofit Organizations." (b) All original records pertinent to this Agreement shall be retained by the County for three years following the date of termination of this Agreement or of submission of the final close-out report, whichever is later, with the following exceptions: 1, If any litigation, claim or audit is started before the expiration of the three year period and extends beyond the three year period, the records will be maintained until all litigation, claims or audit findings involving the records have been resolved. 2. Records for the disposition of non-expendable personal property valued at $5,000 or more at the time of acquisition shall be retained for three years after final disposition. 3. Records relating to real property acquisition shall be retained for three years after closing of title, (c) All records, including supporting documentation of all costs, shall be sufficient to determine compliance with the requirements and objectives of the Scope of Work and Schedule of Payments- Attachment B - and all other applicable laws and regulations. (d) The County, its employees or agents, including all subcontractor or consultants to be paid from funds provided under this Agreement, shall allow access to its records at reasonable times to the Department, its employees, and agents. "Reasonable" shall be construed according to the circumstances but ordinarily shall mean during normal business hours of 8:00 a.m. to 5:00 p.m., local time, on Monday through Friday. "Agents" shall include, but not be limited to, auditors retained by the Department. (6) MONITORING AND REPORTING REQUIREMENTS. (a) The County shall constantly monitor its performance under this Agreement to ensure that time schedules are being met, the Scope of Work and Schedule of Payments is being accomplished within specified time periods, and other performance goals are being achieved. 2 (b) The Department shall be entitled at all times to be advised verbally or, if requested, in writing, of the status of the work being performed by the County, Upon request, a written status report will be provided within ten (10) days, Either party to the Agreement may request, and be granted upon reasonable' notice, a conference for the presentation of reports or the resolution of problems. (c) By October 1, 2001, the County shall submit to the Department the County's timeline or work schedule for the completion of the scope of work, along with a designated contact person, address, telephone number, e-mail address and one completed hazards analyses for review. The County shall also indicate the software program that will be used to generate the hazards analyses (i.e. CAMEO for Windows). The Department reserves the right to approve, or disapprove, software to be used to generate hazards analyses, (7) LIABILITY, The County, which is a state agency or subdivision, as defined in Section 768.28, F~ Stat., agrees to be fully responsible for its negligent acts or omissions or tortious acts which result in claims or suits against the Department, and agrees to be liable for any damages proximately caused by said acts or omissions. Nothing herein is intended to serve as a waiver of sovereign immunity by the County to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. (8) DEFAULT: REMEDIES: TERMINATION, (a) If the necessary funds are not available to fund this agreement as a result of action by Congress, the state Legislature, the Office of the Comptroller or the Office of Management and Budgeting, or if any of the following events occur ("Events of Default"), all obligations on the part of the Department to make any further payment of funds hereunder shall, if the Department so elects, terminate and the Department may, at its option, exercise any of its remedies set forth herein, but the Department may make any payments or parts of payments after the happening of any Events of Default without thereby waiving the right to exercise such remedies, and without becoming liable to make any further payment: 1, If any warranty or representation made by the County in this Agreement or any previous Agreement with the Department shall at any time be false or misleading in any respect, or if the County'shall fail to keep, observe or perform any of the terms or covenants contained in this Agreement or any previous agreement with the Department and has not cured such in timely fashion, or is unable or unwilling to meet its obligations thereunder; 2. If any material adverse change shall occur in the financial condition of the County at any time during the term of this Agreement from the financial condition revealed in any reports filed or to be filed with the Department, and the County fails to cure said material adverse change within thirty (30) days from the time the date written notice is sent by the Department. 3. If any reports required by this Agreement have not been submitted to the Department or have been submitted with incorrect, incomplete or insufficient information; 4. If the County has failed to perform and complete in timely fashion any of the services required under the Scope of Work attached hereto as Attachment B. (b) Upon the happening of an Event of Default, then the Department may, at its option, upon written notice to the County and upon the County's failure to timely cure, exercise anyone or more of the following remedies, either concurrently or consecutively, and the pursuit of anyone of the 3 following remedies shall not preclude the Department from pursuing any other remedies contained herein or otherwise provided at law or in equity: 1, Terminate this Agreement, provided that the County is given at least thirty (30) days prior written notice of such termination. The notice shall be effective when placed in the United States mail, first class mail, postage prepaid, by registered or certified mail-return receipt requested, to the address set forth in paragraph (10) herein; 2. Commence an appropriate legal or equitable action to enforce performance of this Agreement; 3. Withhold or suspend payment of all or any part of a request for payment; 4. Exercise any corrective or remedial actions, to include but not be limited to, requesting additional information from the County to determine the reasons for or the extent of non- compliance or lack of performance, issuing a written warning to advise that more serious measures may be taken if the situation is not corrected, advising the County to suspend, discontinue or refrain from incurring costs for any activities in question or requiring the County to reimburse the Department for the amount of costs incurred for any items determined to be ineligible; 5. Exercise any other rights or remedies which may be otherwise available under law; (c) The Department may terminate this Agreement for cause upon such written notice as is reasonable under the circumstances. Cause shall include, but not be limited to, misuse of funds; fraud; lack of compliance with applicable rules, laws and regulations; failure to perform in a timely manner; and refusal by the County to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Fla, Stat. , as amended, (d) Suspension or termination constitutes final agency action under Chapter 120, F~ Stat., as amended. Notification of suspension or termination shall include notice of administrative hearing rights and time frames. (e) The County shall return funds to the Department if found in non-compliance with laws, rules, regulations governing the use of the funds or this Agreement. (f) This Agreement may be terminated by the written mutual consent of the parties. (g) Notwithstanding the above, the County shall not be relieved of liability to the Department by virtue of any breach of Agreement by the County, The Department may, to the extent authorized by law, withhold any payments to the County for purpose of set-off until such time as the exact amount of damages due the Department from the County is determined, (9) NOTICE AND CONTACT. (a) All notices provided under or pursuant to this Agreement shall be in writing, either by hand delivery, or first class, certified mail, return receipt requested, to the County's contact person. The County is required to provide the name of a contact person and contact information in Attachment B, Scope of Work, section 1, Task 1, 4 (10) OTHER PROVISIONS. (a) The validity of this Agreement is subject to the truth and accuracy of all the information: representations, and materials submitted or provided by the County in this Agreement, in any subsequent submission or response to Department request, or in any submission or response to fulfill the requirements of this Agreement, and such information, representations, and materials are incorporated by reference. The lack of accuracy thereof or any material changes shall, at the option of the Department and with thirty (30) days written notice to the County, cause the termination of this Agreement and the release of the Department from all its obligations to the County. (b) This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall lie in the County, If any provision hereof is in conflict with any applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed null and void to the extent of such conflict, and shall be deemed severable, but shall not invalidate any other provision of this Agreement. (c) No waiver by the Department of any right or remedy granted hereunder or failure to insist on strict performance by the County shall affect or extend or act as a waiver of any other right or remedy of the Department hereunder, or affect the subsequent exercise of the same right or remedy by the Department for any further or subsequent default by the County. Any power of approval or disapproval granted to the Department under the terms of this Agreement shall survive the terms and life of this Agreement as a whole. (d) The Agreement may be executed in any number of counterparts, anyone of which may be taken as an original. (e) The County agrees to comply with the Americans With Disabilities Act (Public Law 101-336,42 U.S.C. Section 12101 et sea.), if applicable, which prohibits discrimination by public and private entities on the basis of disability in the areas of employment, public accommodations, transportation, State and local government services, and in telecommunications. (f) A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a County, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact busin.ess with any public entity in excess of Category Two for a period of 36 months from the date of being placed on the convicted vendor list. (11) AUDIT REQUIREMENTS, (a) The County agrees to maintain financial procedures and support documents, in accordance with generally accepted accounting principles, to account for the receipt and expenditure of funds under this Agreement. (b) These records shall be available at all reasonable times for inspection, review, or audit by state personnel and other personnel duly authorized by the Department. "Reasonable" shall be construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday, (c) The County shall also provide the Department with the records, reports or financial statements upon request for the purposes of auditing and monitoring the funds awarded under this Agreement. 5 (d) If the contract amount is $300,000 or more, then the County shall also provide the Department with an annual financial audit report which meets the requirements of the Single Audit Act of 1984.31 U.S.C. ss. 7501-7507, OMB Circular A-133 for the purposes of auditing and monitoring the funds awarded under this Agreement. The funding for this Agreement was received by the Department as a Contractual Services appropriation. 1. The annual financial audit report shall include all management letters and the County's response to all findings. including corrective actions to be taken. 2. The annual financial audit report shall include a schedule of financial assistance specifically identifying all Agreement and other revenue by sponsoring agency and Agreement number. 3, The complete financial audit report, including all items specified in (12)(d) 1 and 2 above, shall be sent directly to: Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 (e) In the event the audit shows that the entire funds disbursed hereunder, or any portion thereof. were not spent in accordance with the conditions of this Agreement. the County shall be held liable for reimbursement to the Department of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty (30) days after the Department has notified the County of such non-compliance. (f) The County shall retain all financial records. supporting documents. statistical records. and any other documents pertinent to this contract for a period of three years after the date of submission of the final expenditures report, However, if litigation or an audit has been initiated prior to the expiration of the three-year period, the records shall be retained until the litigation or audit findings have been resolved. (g) The County shall have all audits completed by an independent certified public ac<;:ountant(IPA) who shall either be a certified public accountant or a public accountant licensed under . Chapter 473, Fla. Stat. The IPA shall state that the audit complied with the applicable provisions noted above. . . (h) The audit is due seven (7) months after the end of the fiscal year of County or by the date the audit report is issued by the state Auditor General. whichever is later, (12) SUBCONTRACTS. (a) If the County subcontracts any or all of the work required under this Agreement, a copy of the executed subcontract must be forwarded to the Department within thirty (30) days upon request. The County agrees to include in the subcontract that (i) the subcontractor is bound by all applicable state and federal laws and regulations. and (ii) the subcontractor shall hold the Department and County harmless against all claims of whatever nature arising out of the subcontractor performance of work under this Agreement. to the extent allowed and required by law. All subcontracts shall be subject to the approval of the Department. 6 (13) TERMS AND CONDITIONS. The Agreement contains all the terms and conditions agreed upon by the parties. (14) ATTACHMENTS. (a) All attachments to this Agreement are incorporated as if set out fully herein. The attachments to this contract are as follows: Attachment A - Compensation and Financial Reporting Requirements Attachment B - Scope of Work and Schedule of Payments Attachment C - County Facility Listing Attachment D, - Financial Invoice Attachment E - Federal Lobbying Prohibitions Attachment F - Copyright, Patent and Trademark (b) In the event of any inconsistencies or conflict between the language of this Agreement and the attachments hereto, the language of such attachments shall be controlling, but only to the extent of such conflict or inconsistency. (15) FUNDING/CONSIDERA TION (a) This is a fixed fee agreement. As consideration for performance of work rendered under this Agreement, the Department agrees to pay a fixed fee of up to $2,505.00. Payment will be made in accordance with the provisions of Attachment A (Compensation and Financial Reporting Requirements). ,: (b) The sole intent of this Agreement is to provide financial assistance to the counties to support the conduct of site-specific hazards analyses and hazardous materials emergency management activities, It is therefore required that all expenditures paid from this fund be directly related to hazardous materials preparedness, response, recovery or mitigation activities. Contract funds are not required to be expended within the contract period, Any payments received after termination of the Agreement shall be considered payments for work performed pursuant to the Agreement. (16) STANDARD CONDITIONS. The County agrees to be bound by the following standard conditions: (a) The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with Chapter 216, Fla, Stat. or the Florida Constitution, (b) If otherwise allowed under this Agreement, the Agreement may be renewed on a yearly basis for a period of up to two (2) years after the initial agreement or for a period no longer than the term of the original agreement, whichever period is longer, specifying the terms under which the cost may change as determined in the invitation to bid, request for proposals, or pertinent statutes or regulations. (c) All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof, (d) If otherwise allowed under this Agreement, all bills for any travel expenses shall be submitted in accordance with s. 112,061, Fla. Stat. 7 (e) The Department of Community Affairs reserves the right to unilaterally cancel this Agreement for refusal by the County to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Fla. Stat.. and made or received by the County in conjunction' with this Agreement. (f) If the County is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to the Department or be applied against the Department's obligation to pay the contract amount. (g) The State of Florida will not intentionally award publicly-funded contracts to any County who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U,S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ("INA")]. The Department shall consider the employment by any County of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the County of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Department. (17) COPYRIGHT. PATENT AND TRADEMARK If applicable to this Agreement, refer to Attachment F for terms and conditions relating to copyrights, patents and trademarks. (18) LEGAL AUTHORIZATION, The County certifies with respect to this Agreement that it possesses the legal authority to receive the funds to be provided under this Agreement and that, if applicable, its governing body has authorized, by resolution or otherwise, the execution and acceptance of this Agreement with all covenants and assurances contained herein, The County also certifies that the undersigned possesses the authority to legally execute and bind County to the terms of this Agreement. (19) VENDOR PAYMENTS, Pursuant to Section 215.422, Fla. Stat.. the Department shall issue payments to vendors within 40 days after receipt of an acceptable invoice and receipt, inspection, and acceptance of goods andlor services provided in accordance with the terms and conditions of the Agreement. Failure to issue the warrant within 40 days shall result in the Department paying interest at a rate as established pursuant to Section 55,03(1) Fla. Stat. The interest penalty shall be paid within 15 days after issuing the warrant. Vendors experiencing problems obtaining timely payment(s) from a state agency may receive assistance by contacting the Vendor Ombudsman at (850) 488-2924 or by calling the State Comptroller's Hotline at 1-800-848-3792, 8 IN \MTNESS WHEREOF, the parnes hereto have caused thIs contract to be ellecuted by Iheir undersigned officials as duly authorlzed. County: MOnroe County BY: Name and tiUe: Cate: FID* SAMAS' STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS BY: Name and Title: Date: 01 . d EI09-S82 9 ~~uno:) ao,JuoUl ,i ~oa:€o ao ao jd~ Attachment A COMPENSATION AND FINANCIAL REPORTING REQUIREMENTS A. Upon execution of this Agreement, the County shall be compensated for tasks completed in accordance with the Scope of Work and Schedule of Payments, which are incorporated in this Agreement as Attachment S, except as provided herein. S, The payment of the percentages of the fixed fee amount will be made on a performance basis in accordance with the percentage of work tasks submitted, except that the final 25 percent will not be released until the final work product is completed, submitted, and determined to be acceptable by the Department. All hazards analyses shall be received by the Department not later than March 1, 2002 except that a later date may be agreed upon in writing by both parties to this Agreement. Absent any extenuating circumstances, and except as otherwise provided in this Agreement work submitted after March 1, 2002 will not be accepted, reviewed or compensated. The Department will be the sole authority for determining extenuating circumstances and granting extensions to thework submission deadline. C. Each request for payment shall be initiated by the Department upon receipt of an acceptable Financial Invoice (Attachment D). The County shall submit an Attachment D, for payment that is commensurate with the percentage of hazards analyses submitted. The County shall submit an Attachment D, for the twenty-five (25) percent final payment, to the Department with required corrections to the hazards analyses within forty-five (45) days of the contract termination date. The Department will release the final payment only upon a determination that all hazards analyses are complete and acceptable, an approved copy of the hazards analyses has been sent to the applicable Local Emergency Planning Committee (LEPC) and notification has been made to all facilities and response agencies that the hazards analysis information is available upon request. The county emergency management director, or an official designated in writing by the director, shall sign the Financial Invoice (Attachment D), No request will be processed until the Financial Invoice is correct and supported by the product which meets the requirements of this Agreement. D. In the event that the County submits less than one hundred (100) percent of the hazards analyses on March 1, 2002, then the payment due shall be reduced by an amount commensurate with the number of omitted hazards analyses and the number of days late, if any. E. If the Department finds that the County is not in compliance with the terms of this Agreement, or is not in compliance with any other grant program administered by the Department, then without waiving its right to terminate this Agreement, the Department may, with written notice, withhold payment until the County is in compliance with and is performing satisfactorily under this Agreement or the applicable requirement of any other grant program administered by the Department. The notice will be sent by Certified Mail, with return receipt requested, to the designated contact person, Noncompliance under this section includes, but is not limited to, the County's failure to submit timely, accurate and complete products required under this Agreement. 10 Attachment B SCOPE OF WORK AND SCHEDULE OF PAYMENTS HAZARDOUS MATERIALS SITE-SPECIFIC HAZARDS ANALYSES PURPOSE Submission of completed hazards analyses that comply with the hazards analysis criteria outlined in this Attachment. The primary guidance document is the "Technical Guidance for Hazards Analysis." All hazards analyses shall be consistent with the provisions of this document. Any variation from the procedures outlined in this document must be requested in writing by certified mail, return receipt requested and approved by the Department. I. DESCRIPTION OF WORK TASK 1: Coordination of Activities The following includes, but is not limited to, activities to be performed under this Agreement: A. Notification of the County's contact person, address, telephone number and software utilized to the Department by October 1, 2001. B. Submission of one completed hazards analysis by October 1, 2001 for review of consistency with the established planning criteria. C. Participation in a technical assistance training session provided by the Department is necessary to fulfill the Scope of Work, The Department reserves the right to waive this requirement. D, Submit a list of facilities in the County believed to have present Extremely Hazardous Substances (EHSs) as designated by the Environmental Protection Agency (EPA) in quantities at or above the Threshold Planning Quantity (TPQ), but have not reported to the SERC and are not included on Attachment C, E. Notify response agencies within the County of the availability of hazards analyses information and make that information available upon request. F, Notify Section 302 facilities of the availability of hazards analysis information and make that information available upon request. G. Ensure that the Hazards Analysis information is reflected in the county Local Mitigation Strategy. TASK 2: Review and Update of Hazar?s Analvses A. Review and update hazards analyses for all facilities listed in Attachment C, which have reported to the State Emergency Response Commission (SERC) that they have present those specific EHSs designated by the EPA in quantities at or above the TPQ. It is required 11 that each Attachment C facility be contacted by on-site visit to ensure accuracy of hazards analysis, Each facility hazards analysis must include, but is not limited to, the following items: 1. Facility Information a. Facility name and address Provide both physical address (no Post Office Box) and mailing address, if different. Identify any discrepancies regarding facility name andlor address compared to the Attachment C listing. b. Facility Identification SERC Code and geographic coordinates (latitude and longitude in degrees, minutes and seconds). c, Facility Emergency Coordinator Provide the name, title and telephone number (include 24-hour) of the designated facility coordinator. d. Transportation Routes ;i List the main routes used within the county to transport chemicals to and from the facility. e. Evacuation Routes Based on wind direction from the North, South, East and West, identify the route(s) from the facility to exit the Vulnerable Zone (VZ), h. Historical Accident Record Describe any past releases or incidents that have occurred at the facility, Include date, time, chemical name, quantity and number of persons injured or killed (This information is available from the facility). 2, Hazard Identification a, Chemical identities Provide proper chemical name, CAS number and natural physical state of each EHS present at the facility at any given time according to exhibit C of the Technical Guidance for Hazards Analysis. b. Maximum quantity on-site Express in exact pounds (not range codes) the maximum quantity of each EHS the facility would have on-site at any given time. 12 c. Amount in largest container or interconnected vessels Express in pounds the amount of each EHS stored in the largest vessel or interconnected vessels (This is the release amount used to determine the Vulnerable Zone). d. Type and design of storage container or vessel Indicate the storage method of each EHS, i.e., drum, cylinder, tank, and their respective capacities (It is helpful to indicate system types such as manifold versus vacuum as well), e. Nature of the hazard Describe the type of hazard most likely to accompany a spill or release of each EHS, i.e., fire, explosion. 3, Vulnerability Analysis a. Extent of the Vulnerable Zone Identify the estimated geographical area that may be subject to concentrations of an airborne EHS at levels that could cause irreversible acute health effects or death to human populations within the area following an accidental release. b. Estimate Facility Population Provide an estimate of the maximum number of employees present at the facility at any given time, c, Critical Facilities List facilities and their populations within the VZ which are essential to emergency response or house special needs populations, i.e" schools, public safety facilities, hospitals, etc" and their maximum expected occupancy. Individual critical facility populations and total populations within VZs shall be provided. d. Estimated Exposed Population Provide an estimate of the maximum possible population within the VZ that would' be affected in a worst case release. 4. Risk Analysis a. Probability of release 13 Rate the probability of release as Low, Moderate, or High based on observations at the facility. Considerations should include history of previous incidents and current conditions and controls at the facility. b. Severity of consequences of human injury Rate the severity of consequences if an actual release were to occur, c. Severity of consequences of damage to property Describe the potential damage to the facility, nearby buildings and infrastructure if an actual release were to occur. d, Severity of consequences of environmental exposure Describe the potential damage to the surrounding environmentally sensitive areas, natural habitat and wildlife if an actual release were to occur, B. Identify those facilities in Attachment C for which a hazards analysis was not submitted. Supporting documentation must be provided with the list to account for the facilities for which a hazards analysis was not completed. In addition to the SERC Code Identification, supporting documentation should indicate: :t 1, Facility has closed or is no longer in business. 2, Facility is not physically located in the County (indicate appropriate county location, if known), 3, Facility does not have EHSs on-site or EHSs are below TPQ. These facilities require: a. A Statement of Determination from the facility representative for the previous reporting year; or b, A letter from the facility representative fully explaining why the EHSs are not now present at or above TPQ and a date when the EHSs were removed from the facility . TASK 3: On-Site Visits A. Conduct a detailed on-site visit for all of the facilities listed in Attachment C, to confirm the accuracy and completeness of information in the hazards analysis (Task 2), B, Submit a site plan map with the location of each EHS at the facility and in sufficient detail to identify: 1. Location of major building(s) 2. Location of container(s) of EHSs 14 3, Location of major streets and entrance(s) 4. North arrow and scale, if determined, or not to scale C, Provide the date of the on-site visit. TASK 4: Final Work Product Submission of one (1) copy of completed hazards analyses for all facilities listed in Attachment C in a format acceptable to the Department for review and approval. Upon final approval of all analyses submitted, a complete and corrected second copy shall be sent to the Local Emergency Planning Committee. A copy of the transmittal letter shall be submitted to the Department. Submit documentation that all subject facilities and response agencies have been notified of the availability of the hazards analyses information within the time frames provided in this Agreement. II. SCHEDULE OF PAYMENTS A. The first payment of twenty (20) percent of the fixed fee amount is payable upon receipt of items listed in section 1, Task 1 of this Attachment, which are due on or before October 1, 2001. " B. After the initial payment, the payment percentage will be made on a performance basis that is commensurable with the percentage of hazards analyses for facilities appearing on Attachment C submitted and approved as indicated on Attachment D, Financial Invoice. All hazards analyses shall be received by the Department not later than March 1, 2002 except that a later date may be agreed upon in writing by both parties to this Agreement. Absent any extenuating circumstances, and except as otherwise provided in this Agreement, work submitted after June 1, 2002 will not be accepted, reviewed or compensated. C. Twenty-five (25) percent of the fixed fee amount will not be released until the final work product is completed and determined to be acceptable by the Department, a transmittal letter confirming that an approved copy of the hazards analyses has been sent to the LEPC, and documentation that all facilities for which a hazards analysis was conducted and response agencies have been notified of the availability of the hazards analyses information, This should be completed no later than June 1, 2002. 15 .... 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Z o '" -l :c ~ ." ." m 0 e- -< en 0 "'" -i C! <: 0 0 f;l =i1 > -i ('i ~ m ~ t::l en o > ><.0 ." B ~ e- 0.0 0 c: (') -l ~ "':I ." m 0 e- -< ~ 0 ::;;: 0 C! m ." 0> en ." -l ('i A m -< t::l en o > ><.0 ..... c: ~ ~ E; c: (') -l ...., ...., c> .... ~ m -< e- > '" a o c: ::i e- ~ (') o ;<l "':I o s; -l o Z ...., ...., c> .... ..:.. .... ...., "" ..... ...., 0.0 ~ ." ." m 0 e- -< en 0 "'" -i C! <: 0 0 f;l =i1 > -i ('i ~ m ~ t::l en o > ><.0 ."B~ e- 0.0 0 c: (') -i ...., ...., c> .... 7' ..... ...., "" en .... t::l >V'o> Z ~ 3: -l00> "'::I en en ~ ;d m m m > c;~;g t::l en 0 c: 0 0 ;::l c: c: ." ::i Q e- en ...., ...., .... t:-' "'I:l =- ~ '" n' :0 ;:t> ~ ~ n ~ ~ Z ~ n > 0. 0. ... .., '" '" ~ 0, Z ~ o w n o ~ ~ ~ C/). w n ~ ~ o Z w o tv ~ > n ~ r ~ ~ ~ w C/). Attachment D FINANCIAL INVOICE FOR HAZARDOUS MATERIALS HAZARDS ANALYSIS UPDATE COUNTY/AGENCY AGREEMENT # COST CLASSIFICATIONS AMOUNT REQUESTED BY THE COUNTY" AMOUNT APPROVED BY THE DEPARTMENT 1. Contact and Timeline (20% Max.) $ $ $ $ $ $ 2. Hazards Analyses (55% Max,) 3, Final Work Product completed (25% Max) TOTAL AMOUNT $ $ (To be completed by the Department) i' I certify that to the best of my knowledge and belief the billed costs are in accordance with the terms of the Agreement. Signature of Authorized OfficialfTitle Date TOTAL AMOUNT TO BE PAID AS OF THIS INVOICE $ AUTHORIZED BY (To be completed by the Department) 17 Attachment E Federal Lobbying Prohibitions The County certifies, by its signature to this Agreement, that to the best of his or her knowledge and belief: (a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. (b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subcontractors shall certify and disclose according Iy. This certification is a material representative of fact upon which reliance was placed when this transaction was made or entered into. Submission of this, certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code, Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. County: Monroe County Name and Title 18 Attachment F Copyright, Patent and Trademark (a) If the County brings to the performance of this Agreement a pre-existing patent or copyright, the County shall retain all rights and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise. (b) If any discovery or invention arises or is developed in the course of or as a result of work or services performed under this Agreement, or in any way connected herewith, the County shall refer the discovery or invention to the Department for a determination whether patent protection will be sought in the name of the State of Florida. Any and all patent rights accruing under or in connection with the performance of this Agreement are hereby reserved to the State of Florida. In the event that any books, manuals, films, or other copyrightable material are produced, the County shall notify the Department. Any and all copyrights accruing under or in connection with the performance under this Agreement are hereby reserved to the State of Florida, (c) Within thirty (30) days of execution of this Agreement, the County shall disclose all intellectual properties relevant to the performance of this Agreement which he or she knows or should know could give rise to a patent or copyright. The County shall retain all rights and entitlements to any pre-existing intellectual property which is so disclosed. Failure to disclose will indicate that no such property exists. The Department shall then, under Paragraph (b), have the right to all patents and copyrights which occur during performance of the Agreement. 19