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Resolution 055-1982RESOLUTION NO. 55 -1982 RESOLUTION AUTHORIZING THE CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, TO EXECUTE AN AGREMENT BY AND BETWEEN THE STATE OF FLORIDA DEPARTMENT OF VETERAN AND COMMUNITY AFFAIRS, THE COUNTY OF MONROE, AND FLORIDA POWER & LIGHT COMPANY. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, as follows: That the Chairman of the Board of County Commissioners of Monroe County, Florida, is hereby authorized to execute an Agreement by and between The State of Florida Department of Veteran and Community Affairs, the County of Monroe, and Florida Power & Light Company, a copy of same being attached hereto. Passed and adopted by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 26th day of January, A.D. 1982. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA ayor/Chairma (Seal) Atte.,gt �- 06 lerk V D AS 70 Fag4f AGREEMENT AMONG THE STATE. OF FLORIDA DEPARTMENT OF VETERAN AND COMMUNITY AFFAIRS THE COUNTY OF MONROE AND FLORIDA POWER & LIGHT COMPANY This Agreement is entered this 26 day of , 1982, among the State of Florida, Department of Veteran and Community Affairs (hereinafter called "Department"), the County of Monroe (hereinafter called "County"), and Florida Power & Light Company (hereinafter called the "Company"). Purpose Certain responsibilities have been defined by the U. S. Nuclear Regulatory Commission (hereinafter referred to as "NRC") in its Rule 10 CFR Parts 50 and 70 (August 1980) and NUREG 0654, FEMA-REP-1, "Radiological Emergency Response Plans and Preparedness in Support of Nuclear Power Plants." There exists a possibility of duplication of effort in meeting those responsibilities, which effort would be expended by the Company and various state and local governmental agencies, including the County and the Department. The resultant increased financial burden on taxpayers and consumers can be avoided by the development of a cooperative relationship among private enterprise and state and local public agencies. The Department and Counties are authorized in §252.35, F.S., to participate in such cooperative relationships, and are further authorized j in §252.49, F.S., to accept services, equipment, supplies, materials, or funds for civil defense and emergency preparedness. The Department may assign the right(s) to accept such services, equipment, supplies, materials, and funds to any appropriate local governing body or agency. The purpose of this Agreement is to define certain aspects of the relationship among the Department, the County, and the Company. The NRC regulations cited above are incorporated in this Agreement by reference. All activities which are the subject of this Agreement must be consistent with those regulations. This Agreement supercedes any prior agreements among or between the parties and relating to the same subject. I. Alert and Notification System A. The Company will establish an "Alert and Notification System" (hereinafter referred to as "the System") in the vicinity of the Company's nuclear power plants. The Company will provide to the Counties the location of each rad.ioin the System and the name of the owner of the license, easement or real property at each such location. (Exhibit "A") The System will consist of radiosand their attendant hardware. B. When the System is in place and operational, the Company will transfer the System to the County. Upon this transfer, the County shall assume full responsibility for the continued operation, maintenance, and testing of the radios and their attendant hardware. However, the County may subcontract for any or all of these services. C. Reimbursable costs shall include actual costs of maintenance, testing and operation of the System, and the costs of maintaining a quality control or monitoring program if the regular maintenance and testing is accomplished through a subcontract. II. Public Education and Information Program The Department will prepare and distribute requisite education and information materials and shall establish proceduz es for continuing a public education and information program. Any or all of the Department's responsibilities for the preparation and distribution of materials and for continuing the program may be delegated or sub- contracted. III. Planning and Implementation The Department and County shall assure: A. The development and maintenance of radiological emergency plans; B. That the requisite personnel complete required radiological emergency training; C. Participation as is required in exercises and the evaluation thereof; D. Continued and further radiological emergency planning as required by the above regulations and "Florida's Radiological Emergency Plan for Nuclear Power Facilities." IV. Funding The Company will provide funding to the Department to enable the Department and the County to carry out their responsibilities above and to comply with 10 CFR 50 and 70, dated August 1980, NUREG 0654, dated November 1980; and to carry out the provisions of the plan mandated thereby. At execution Company will furnish to the Counties copies of the Regulations and revisions as they are enacted.. County and Department have proposed, and the parties have agreed to, the budgets attached hereto as Exhibit "B". Said budgets provide that the County will require the sum of $8,810.00 to carry out its responsibilities hereunder; and the Department shall require the sum of for its reponsibilities. Within thirty (30) days of the date of execution of this Agreement, Company shall provide to the Department the sum of for the expenses of the 'Department and the County, and a like amount shall be paid to the Department quarterly. The Department will thereafter, quarterly in advance, pay over to the County the sum of 25% of remaining funds to be utilized by the County to pay the actual, reasonable costs of the County to carry out its responsibilities hereunder, and for 17.30% of those costs as administrative overhead. Expenditures by Deparment and County shall be based upon approved budget attached hereto and incorporated herein. Deviations among budget categories of more than ten percent (10%) shall require prior approval of the Company. Without said prior approval, the Department shall have no obligations to honor reimbursement requests from the County inconsistent with attached budget and the above ten percent (10.%) adjustment factor. -2- Provided, however; in no event shall the Company be required to pay a sum which exceeds the amount of $11,216.13 for the term of this Agreement for the County and $ for the Department. The County shall account. to the Department by providing an itemized voucher which reflects the actual costs to Ithe County including the .17.30% of said costs as administrative overhead. This accounting shall be provided to the Department by the County not less often than quarterly. Upon receipt of the aforesaid accounting by the Department, the Department shall pay over to the County, in advance, the next quarter's funding in accordance with this Agreement. V. Audit The Department and County shall provide to the Company, as part of their respective regular annual audits, a full accounting of the funds expended under this Agreement. The Department and County shall restore to the Company any funds not spent in accordance with this Agreement. VI.. Terms of Agreement This Agreement will commence upon execution -by the authorized officials of each party and shall be automatically renewed annually. However, any party may terminate this Agreement in whole or in part with or without cause, by providing ninety (90) days notice in writing to the other parties. VII. Reversion of Property and Funds Upon termination of this Agreement, the System shall revert back to the Company and the County's responsibilities for maintenance, operation and testing shall cease. All funds unexpended shall be returned to the Company. VIII. Modifications Any modifications to this Agreement shall be in writing and signed by officials of all parties. IX. Liability The Company agrees to protect, defend, and hold the County and the Department and their employees; and municipal authorities free and unharmed against any liabilities whatsoever arising from performance of duties under this contract. X. Party Representatives Designated For the purpose of correspondence and other communications relating to this Agreement, the parties designate the following individuals as their respective representa- tives: -3- FOR THE DEPARTMENT ame (Address) FOR THE COUNTY FOR THE COMPANY ame ame , ; . I rM %t fee Address Address By their signatures below, the following officials have agreed to these terms and conditions. l/ V By: �y By: SignatureJ(�Siagnature)SignatureG.v-t� Title Title Title ATTEST: ATTES ATTEST: ��T Chu "6 ;��c-o_--L STATE OF FLORIDA) COUNTY OF MONROE) This Copy is a true Copy of the Original on File in this Office. Wit- ness my handa Official Seal. Thiday of A.D., `19 2 RALPH W. WHITE :,Clerk C'rt 't Court —4— D.C. RADIOLOGICAL EMERGENCY PLANNING COST ESTIMATES MONROE COUNTY RECOMMENDED AMOUNT COST ITEM 1-1-82/ 7-1-82/ 6-30-82 12-31-82 PROVISIONS 9.sv (oo dditional telephone' JSvo installation C�2,SpfO�":J _ Additional telephone service charge Additional radio net —Ra d o--n-e=t— -m'a i n t e n a n c e Training xercises Plan' maintenance $ 180 $ 180. $ 3,000 $ 125 $ 250 $ 2,500 $ 1,000 $ 125 Funding subject to verification of need and development of equipment specifications by Monroe County and the Florida Division of Communicatilons . Funding sublject to verification of need and development of equipment specifications by Monroe County and the Florida Division of Communications. Florida Power and Light Company will pay all documented .actual incremental expenses of County emergency response personnel. Florida Power and Light Company will .-pay all documented actual incremen- tal expenses of Monroe County emergency response personnel. AWQ ri:GlICAL EMERGENCY PLANNING COST ESTIMATES COUNTY ..RECOMMENDED -AM OUNTS 'COST ITEM 1-1-82/ 7-1-82/ 6-30-82 12-31-82 PROVISIONS alert and notification system Y n/a n/a Company agrees to reimburse this amount based on bids or proposals to be submitted by the county within 90 _ days of the expiration date of the contract. JBids or proposals shall include, but not be limited to, pro- visions for quality assurance and maintenance of the system. I I I SUBTOTALS5� A `TOTAL _ F8 /0 _ -