FY2011-FY2012 05/19/2010
DANNY~L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DA TE:
May 26,2010
TO:
Chief James Callahan
Emergency Services
FROM:
Jose Tezanos, Planner
Emergency Management
Pamela G. Hanctk;!j;c.
ATTN:
At tIle May 19, 2010, Board of County Commissioner's meeting the Board granted
approval an,:l authorized execution of an Agreement between Monroe County and the Florida
Power & Light Company (FPL) in the amount of $250,000.00, fully grant funded and no county
match, conc'eming Radiological Preparedness for Fiscal Year 2010 and Fiscal Year 2011; and
authorizatioll for the County Administrator to execute any other required documenation in
relation to thle application process.
Pursllant to our conversation today, I am returning one duplicate original instead of two
for your hanldling. The distribution is as follows: I-Clerk; I-Finance; I-County Attorney; and
I-Generating Department. Should you have any questions, please feel free to contact my office.
cc: CourLty Attorney
FinaIlce
FileJ
AGREEMENT BETWEEN
FLORIDA POWER & LIGHT COMPANY
AND
THE COUNTY OF MONROE
This Agreement is between Florida Power & Light Company (hereinafter
"Company"), and the County of Monroe (hereinafter "County").
I. PURPOSE
/i... Certain responsibilities have been defined by the U.S. Nuclear
Regulatory Commission (hereinafter "NRC") in certain provisions of
1 0 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
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
between the County and the Company.
E~. 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
'-he parties have agreed to the Work Scope and Funding attached hereto
and incorporated herein as Exhibit A. Said budget provides that the
C;ounty will require the sum of dollars specified in Exhibit A to carry out its
nesponsibilities hereunder.
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III. PAYMENT
IJpon execution of this Agreement and receipt of associated invoicing, the
(:;ompany shall make equal semi-annual advances to the County as
(jescribed in Exhibit A. Expenditures by the County shall be based upon
the approved budget attached hereto and incorporated herein.
IV. TITLE TO EQUIPMENT
J'i..ny equipment purchased by the County under this Agreement shall be
the property of the County. This equipment is to be used for the activities
(jescribed herein for the term of this Agreement and subsequent
cigreements between the parties. Upon termination of the agreements
cind cessation of the County's activities, the equipment will remain the
~)roperty of the County.
V. INTEREST
lrhe unexpended portion of advance payments to the County shall be
invested in an interest bearing account in accordance with applicable
c;ounty regulations, if any. At the end of the term agreement period, the
(~ounty shall either refund all unexpended funds to Company or reflect all
remaining interest earned as funds carried forward and apply such funds
tlQ any additional term of this agreement, as appropriate.
VI. AUDIT
J\. The County shall (at any time during normal business hours and
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.
EL 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.
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VII ASSIGNMENT
-rhe County may assign the right to accept services, equipment, supplies,
l11aterials, or funds to any appropriate local governing body or agency.
VIII .rERMS OF AGREEMENT
J~. The term of this Agreement is October 1, 2010 to September 30,
2012, unless sooner terminated in accordance with Paragraph B of
th is Article.
13. 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.
(~. The County agrees to be bound by the provisions included in the
Standard Conditions attached to and incorporated by reference in
this Agreement.
IX. MODIFICATIONS
J.\ny modifications to this Agreement shall be in writing and signed by both
~)arties. In the event the statutes, rules, regulations, or plans applicable to
this Agreement are revised, voided, or rescinded, the parties agree to
c:onsider reasonable modifications to this Agreement.
E~y their signatures below, the following officials have agreed to these
ttsrms and conditions.
FOR THE COUN~ _
By: ~-?t:U ·
FOR THE COMPANY
By:
~kL
-
Sylvia J. Murphy
(lrype Name)
Gene F. St. Pierre
(Type Name)
l1ayor /Chairman
(l-itle)
~1ay 19, 2010
(Date)
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STANDARD CONDITIONS
1 . I:=xtension 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
<:ontrol of the Company.
2. All bills for fees or other compensation for services or expenses shall be
retained and have sufficient detail for a proper audit.
3. f:lursuant 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.
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Exhibit A
Work Scope and Funding
I. Work Scope:
-rhe County shall be responsible for participation in the following
radiological emergency planning and preparedness activities:
J'i... 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
County agrees to implement these requirements professionally and
successfully in maintaining the County in a state of readiness.
E3. 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
Company shall collaborate in the development and distribution of
information for parents of children who attend school within the ten-
mile Emergency Planning Zone.
(~. 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
county records. This population update should be provided in the
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
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.
E). The County shall maintain current radiological emergency plans
and implementing procedures for the County as required by
Federal Emergency Preparedness Requirements.
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..~*
IE. 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.
1=. The County shall participate in Radiological Preparedness and
Response exercises and the evaluation thereof.
<3. The Company shall furnish to the County copies of Federal
Emergency Preparedness Requirements and any revisions thereto
within 90 days following enactment.
~-I. 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
current at time of billing.
II. Funding
F.unding will be provided to the County by the Company to enable the
(~ounty to carry out its responsibilities above, comply with Federal
E:mergency Preparedness Requirements, and carry out the provisions of
the emergency plan mandated thereby.
'-he parties have agreed to the funding amounts as detailed below. The
funding provides that the County will require the sum of $125,000 annually
tlD carry out their responsibilities hereunder for fiscal years 2010/2011 and
~~011/2012.
'-he Company shall pay the County, upon invoice, an annual amount not
t~:J exceed the amount specified below for the reimbursement of costs
incurred in the performance of duties associated with maintaining
riadiological emergency preparedness for the County. Such costs shall
c'nly include reasonable and necessary costs associated with
n1aintenance of radiological emergency preparedness for the County.
F~iscal Year October 2010 through September 2011
NOT TO EXCEED AMOUNT
$125,000.00
$125,000.00
$250,000.00
F.iscal Year October 2011 through September 2012
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IJpon receipt of a County invoice in October and April of each year, the
(~ompany shall advance 50% of that fiscal year's budget amount to the
(::;ounty. For each year covered under this agreement, the Company shall
JJrovide funding to the County semi-annually in the same manner.
-rhe County agrees that funds needed for the correction of any
"deficiency," as defined by the Federal Emergency Preparedness
I~equirements, in the County's plans or program will be offset with existing
funds from the current approved budget. Funds necessary to implement
changes required by the Federal Emergency Preparedness
f~equirements, Annex A of the State Comprehensive Emergency
Management Plan, or local operating procedures will be offset with
E~xisting funds to the extent practical. The Company and County shall
review and agree on any supplemental funds that may be necessary to
rneet the change.
In the event the Company and County are unable to resolve differences
regarding funding for preparation, testing and implementation of
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
c:onnection with this agreement must be submitted, by either party, to final
and binding arbitration before a single arbitrator in accordance with the
(~ommercial 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
shall be paid in equal parts by the parties unless the award shall specify a
clifferent division of the fees. Venue for arbitration proceedings brought
hereunder shall lie in Monroe County, Florida.
'-he Company shall be responsible for providing all funding under this
Agreement to the County.
J\t the end of the term of this Agreement, the County shall either refund all
unexpended funds to Company or reflect all remaining interest earned as
flJnds 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,
tllat such alternatives shall be effective only upon execution of an
a.greement in writing by the County and the Company.
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Exhibit A
MONROE COUNTY EMERGENCY MANAGEMENT
RADIOLOGICAL EMERGENCY PREPAREDNESS
FY 10/11 AND FY 11/12 BUDGET
CATEGORY 10/11 BUDGET 11/12 BUDGET
Salarie:s & Fringe $86,625 $86,625
Benefits
Contra(~tual Services * $ 7,500 $ 7,500
Communications ** $14,000 $14,000
Travel $ 4,000 $ 4,000
Supplie's $ 3,500 $ 3,500
Insurance $ 1 ,600 $ 1,600
Capital Equipment *** $ 5,875 $ 5,875
Maintenance & Repairs $ 500 $ 500
Vehicle Allowance $ 1 ,400 $ 1 ,400
Total $125,000 $125,000
*
Includes funds used to pay for training and exercise participants and other
training related expenses.
** Includes phone lines for Key Largo EOC.
*** Includes major equipment purchases such as Portal Monitor and
Raciiological Survey Meters.
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