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Resolution 498-1989 ,l James R. Paros, ACA Division of Public Safety RESOLUTION NO. 498 - 1989 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AUTHORIZING THE MAYOR/CHARIMAN OF THE BOARD TO EXECUTE AN AGREEMENT BETWEEN THE STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS AND MONROE COUNTY CONCERNING CERTAIN EMERGENCY MANAGEMENT-RELATED ACTIVITIES . BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the Mayor/Chairman of the Board is hereby authorized to execute an Agreement between the State of Florida Department of Community Affairs and Monroe County, a copy of same being attached hereto and made a part hereof, concerning certain emergency management-related activities . PASSED AND ADOPTED .by the Board of County Commissioners of Monroe County , Florida, at a pec'ial° meeting of said Board held on the le f�j day of /4701 a6'f" , A.D. 1989. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY: 4/7"/:-Al /%/".44 MAYOR/CHAIRMAN (Seal)" Attest: Ia2,NNY-41§,01-IAG Clerk /p, 41, LERK APpRU E 2 s i FOAM JUiNOW AND _E. Al SUF FCFENCY. (J CV ottwo CVa Caw 65: Z d 9- 68. • AGREEMENT BETWEEN THE STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS AND THE..COUNTY OF MONROE • This Agreement is between the State of Florida, Department of Community Affairs (hereinafter called "Department") and the County of Monroe .(hereinafter called "County") . I. PURPOSE' • A. 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, and 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 the Department 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. The Department and County are authorized. in Section 252..,35 and 252 . 60, F:S'. , to participate"in "such'. cooperative, relationships, and are further authorized. in' Section 252 . 37, F.S. , ' to accept services,; equipment, supplies, materials or • funds for' emergency ,management._:.. The Department may assign the right 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 between the Department and County. B. The NRC regulations cited above are incorporated in this Agreementby . reference. : All activities which arethe subject, of the Agreement must be consistent, with those regulations. II. PUBLIC EDUCATION: AND INFORMATION PROGRAM - The County shall establish procedures for continuing a public education and information program. Any or all of the County's responsibilities for the preparation and distribution of materials and for continuing the program may be delegated or subcontracted III.: ' PLANNING AND IMPLEMENTATION The State of Florida's performance .and obligation to pay under this contract is contingent, upon an annual appropriation by the Legislature. The County shall be responsible, for participation in the following radiological emergency planning and preparedness activities only to the extent that funds are made available under this Agreement: A. The maintenance of local radiological emergency plans and implementing procedures; - B. , That the requisitepersonnel. complete required radiological emergency training; . C. Participation as is required in exercises and the evaluation thereof; D. Continued and further radiological emergency plannini as required by the above regulations and "Florida's Radiological Emergency Management Plan • for Nuclear Power Plants" . IV. FUNDING A. The Department will provide funding to the County , to enable the County to carry out its responsibilities above, and to comply with 10 CFR Parts 50 and 70, and NUREG 0654, and to carry out the provisions of the plan mandated thereby.- The Department shall furnish :to the County copies of the regulations and revisions as- they are enacted. B. The Department shall pay the County an amount not to exceed $103 , 406. 00 for the reimbursement of costs incurred in the satisfactory performance of duties hereunder. Such costs shall include travel expenses, which shall conform to: the cost provisions of Section 112 . 061, F.S. , office expenses, salary expenses, training and exercise expenses, and other related program expenses as set forth in the Budget: and Scope of Work attached hereto and incorporated herein as Exhibit "A" . C. The County shall account to the Department by submitting a quarterly financial report which reflects the actual costs incurred by the County. This accounting shall be submitted on forms provided by the Department within forty-five (45) days of the end of each quarter. A copy of the County's applicable regulations, if any, governing interest earned shall be forwarded to the Department with the first quarterly financial report. Unless such reports are received in a timely manner, the Department will withhold funds pending receipt of the report. . The Department reserves the right to withhold funds from the next fiscal year's Agreement, if any, . if the final quarterly financial report or close-out report under this Agreement is not received in a timely manner. The quarterly financial: report forms to be used will be sent to the County upon execution of this Agreement. In addition, the County will list any capital equipment purchases and its purchase price made during the quarter on the quarterly financial report. D. The County shall submit a contract close-out report on forms provided by the Department within sixty (60) days of termination of this Agreement. Any unexpended funds remaining at the termination of this Agreement shall be due and payable to the Department no later than thirty, (30) days thereafter. E. Within forty-five (45) days of the execution of this Agreement, the Department shall provide to the County the first quarter payment in the amount of $25, 851. 50. The Department shall, thereafter, for the second, third, and final quarters, make equal payments to the County within fifteen (15) days of the beginning of the quarter. Expenditures by the County shall be based upon the approved budget attached hereto and incorporated herein. The County may transfer amounts between various categories of the attached budget. However, at no time shall any budget category be increased or decreased by more than ten percent (10%) of the original amount of that category. 2 Li Over-expenditures of any budget category of more than ten percent (10%) shall not .be allowed without prior written approval in the absence of which the Department shall have" no obligation to honor reimbursement requests from the County for items or services inconsistent :with the attached budget. F. In the event that the Department and County are unable to resolve differences regarding funding for preparation, testing and implementation of radiological emergency response. activities, the Secretary of the Department shall convene an informal meeting to mediate the dispute. If informal mediation fails, the affected parties will be given the opportunity for a hearing pursuant to Section 120.57, F.S. . V. TITLE TO EQUIPMENT Any single capital equipment purchase in excess of $500. 00 other than specifically identified in this Agreement or as specifically identified by the Department, will require prior written approval of the Department. No payment shall be made by the County for the purchase of capital equipment items prior to January 1, 1990. Any equipment purchased by the County under this Agreement shall be the property of the County, 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. VI. PAYMENT OF VOLUNTEERS . Certain of the Counties utilize service agencies during scheduled exercises whose members desire compensation for their time spent participating in: such exercises. Funds will be provided to the County equal to the approved County rate to the extent that such compensation is requested and justified in Exhibit "A" . VII. INTEREST Payment made under this Agreement shall be deposited when received, by the County in a Qualified Public Depository as defined in Section 280. 02 (12) , F.S. in an interest bearing account in accordance with applicable county regulations, if any. A copy of such regulations shall be forwarded to the Department with the first quarterly financial report. All such. interest earned shall be returned to the Department within ninety (90) days of the termination of this Agreement. VIII. AUDIT A. The County shall, at any time during normal business hours and with advance notification, make available for examination to the Department and any of its duly authorized representatives, all of the records and data with respect to all matters covered by this Agreement and shall permit the Department and its designated authorized representatives to audit and inspect all costs supporting documentation for all matters covered by this Agreement. The County shall provide an annual audited financial statement within thirteen (13) months of the end of the agreement. 3 111111 B. The County agrees to retain all financialrecords, 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 and audit findings have not been resolved at the end of three years, the records shall be retained until resolution of the audit findings. . IX. TERMS. OF AGREEMENT A. This Agreement shall commence October 1, .1989 and shall terminate September 30, 1990 unless sooner terminated, in accordance •with Paragraph B. 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 unobligated .funds shall' be returned to the Department, and an audit shall beperformed in accordance with the terms set forth above. X. MODIFICATIONS Any modifications to this Agreement shall be in writing and signed by both parties. XI. PUBLIC RECORDS The County agrees to allow public access to all documents, papers,, letters or other materials subject to the provisions of Chapter 119, F.'S. , and made or received 'by the County in conjunction with this Agreement. It is expressly understood that the County's refusal to comply with .•this provision shall be a breach of this Agreement. By their signatures below, the following officials have agreed to these terms and conditions. . FOR THE DEPARTMENT FOR THE COUNTY By: By: Gordon L. Guthrie (Type Name) (Type Name)'. ' Director. (Title) (Title) ' (Date) (Date) (Attesting Signature) (Attesting Signature) Patricia. Smith •., (Type Name) (Type Name) ED AS re"oft A LE .AL SOFF/CFENCP' 4 . BY Attcrn'V's Office EXHIBIT A RADIOLOGICAL EMERGENCY PREPAREDNESS BUDGET AND SCOPE OF WORK Monroe COUNTY Cost Item Scope of Work Amount I. Salaries & Fringe Benefits II. Contractual Services III. Communications $56,993 Funds are provided for payment of salaries for a full-time Deputy Director for REP, 15% of the civil Defense Director, 10% of a secretary and 10% of a Communications Technician in support of the REP program. $8,589 Funds are provided for rental of a copier ($1,428); for the Key Largo Fire Station water standpipe service for decon- tamination and training ($441); to pay approximately 50 volunteers $10 per hour to attend training classes in Monroe or Dade County ($4,000); to pay volunteers $10 per hour for their participation in the exercise ($800); the lease of an Omnifax for the Plantation Key EOC and the Monroe County Civil Defense Office ($1,920). $21,000 Funds are provided to maintain telephone communications at the Plantation Key EOC, Plantation Key Sheriff's Office and the Ocean Reef Emergency Services Dispatch. 1 Cost Item Amount Scope of Work IV. Travel $9,750 Funds are provided for REP training staff and key emergency response personnel to attend training ($2,000); to reimburse staff for travel to Miami for meetings and exercises in regards to the REP program ($750); for staff travel to Tallahassee and other locations required by the REP program ($2,000) for county vehicle cost (gas, oil, maintenance) to be used by the Director ($2,000); and for the costs of a rental car when needed by the Deputy Director in the administration of the REP program ($3,000). ~: V. Supplies $2,450 Funds are provided for daily office supplies including postage ($800); other miscellaneous supplies ($700); training materials to be used in classes ($700) and food for the participants in the exercises ($250). VI. Risk Management $1,624 Expense (Insurance) Funds are provided for payment of Public Official Liability Insurance ($600); and General Liability Insurance ($104). VII. Capital Equipment $3,000 Funds are provided for the purchase of a computer and necessary accessories. TOTAL $103,406 2 .,.ffIIII!'It'..,.,..,...