96EP-6P11-23-10-002 1
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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, Florida
Statutes, to participate in such cooperative
relationships, and are further authorized in
Section 252.37, Florida Statutes, 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 Agreement by reference. All activities
which are the subject of the Agreement must be
consistent with those regulations.
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II. PUBLIC EDUCATION AND INFORMATION PROGRAM
The County's responsibilities shall include
coordination with the Florida Power and Light Company
and the Department in the development of an emergency
measures booklet, to be distributed to persons within
ten miles of the Nuclear Power Plant and the
development and distribution of information for parents
of children going to school within the ten mile
emergency planning zone.
Within the first quarter of the agreement period, the
county will provide an update of the Emergency Planning
Zone's population by geographical boundaries based on
available county records.
III. PLANNING AND IMPLEMENTATION
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 as required by
the provisions as referenced in Article I. A.
above,
B. The requisite personnel shall complete required
radiological emergency training as required by
Article I, above, and Annex 0 of the State of
Florida Radiological Emergency Management Plan for
Nuclear Power Plants,
C. The County shall participate in Radiological
Preparedness and Response exercises and the
evaluation thereof, and
D. The County shall participate in continued and
further radiological emergency planning as
required by the above regulations and "Florida's
Radiological Emergency Management Plan for Nuclear
Power Plants."
IV. FUNDING
A. Funding will be provided to the County by the
Florida Power and Light Company (FP &L) to enable
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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. FP &L shall pay the County, upon invoice from the
Department, an amount not to exceed $112,138
for the reimbursement of costs incurred in the
satisfactory performance of duties hereunder.
Such costs shall include travel expenses, 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.
All administrative overhead expenses shall be
charged in accordance with the letter submitted as
verification pursuant to Rule 9G- 12.004 (1) and
shall be based on the rate approved as the
official indirect cost rate for the County. Any
charges made in excess of the County's official
overhead rate shall be reimbursed to FP &L.
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. Unless such
reports are received in a timely manner, the
Department will not invoice FP &L which will result
in FP &L withholding funds pending receipt of the
report. The Department reserves the right to
withhold invoicing funds from the next fiscal
year's Agreement, if any, if the final quarterly
financial report or closeout 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 an Agreement closeout
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 FP &L
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no later than thirty (30) days thereafter. The
County shall also submit with the closeout report
a current inventory list of all items purchased
under this agreement and prior agreements
involving Radiological Emergency Preparedness
funds.
E. Within forty -five (45) days of the date of
execution of this Agreement, the Department shall
invoice FP &L to provide to the County the first
quarter payment in the amount of $28,034.50. The
Department shall, thereafter, for the second,
third, and final quarters, invoice FP &L to 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 fifteem percent
(15 %) of the original amount of that category.
Over - expenditures of any budget category of more
than fifteen percent (15 %) or expenditures for items
not specifically identified in Exhibit A shall not
be allowed without prior written approval, and in the
absence of which, the Department shall have no
obligation to invoice FP &L to honor reimbursement
requests from the County for items or services
inconsistent with the attached Budget and Scope of
Work.
F. In the event 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, Florida Statutes, if
applicable.
G. FP &L shall be responsible for providing all
funding under this agreement to the County. The
parties agree that neither the Department nor the
State of Florida shall be liable for payment of
any funds under this Agreement to the County.
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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. 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 Counties use service agencies during scheduled
exercises whose members desire compensation for their
time spent participating in such exercises. Funds will
be provided to the County by FP &L 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), Florida
Statutes, 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 FP &L 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
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representatives to audit and inspect all costs
supporting documentation for all matters
covered by this Agreement.
B. The County agrees to 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 and audit findings have not
been resolved at the end of three (3) years, the
records shall be retained until resolution of the
audit findings.
IX. TERMS OF AGREEMENT
A. This Agreement shall commence October 1, 1995 and
shall terminate September 30, 1996 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
unexpended funds shall be returned to FP &L
and an audit may be performed in accordance
with the terms set forth above.
C. All out -of -state travel to be charged to this
Agreement must have prior written approval of
the Department in the absence of which FP &L
shall have no obligation to honor such
reimbursement requests.
D. The County agrees to maintain time and attendance
records commensurate with salary costs charged
to this agreement.
E. The Department or County may terminate this
Agreement for breach of contract or in the event
of non - availability of funds with such notice as
is reasonable under the circumstances.
F. The County agrees to be bound by the provisions
included in the Standard Conditions attached to
and incorporated by reference in this agreement.
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X. MODIFICATIONS
Any modifications to this Agreement shall be in writing
and signed by both parties.
By their signatures below, the following officials have
agreed to these terms and conditions.
FOR THE DEPARTMENT FOR THE COUNTY --- c!!; By: By:
Mayor airman
Joseph F. Myers
Type Same) (SEAL)
Attest: Danny L. Kolhage, Clerk
Director By: _ � c.
(Title)
Deputy ct rK
9 (1.e/cis 09• a) - 95
(Dat•) (Date)
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APPROVED AS TO F :- ,
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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 County.
2. All bills for fees or other compensation for services or
expenses shall be submitted in detail sufficient for a
proper pre -audit and post -audit thereof.
3. All bills for any travel expenses shall be submitted in
accordance with Section 112.061, Florida Statutes.
4. The Department 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, Florida Statutes,
and made or received by the County in conjunction with this
Agreement.
5. The County shall provide the Department with an annual
financial audit which meets the requirements of Sections
11.45 and 216.349, Florida Statutes, and Chapter 10.550,
Rules of the Auditor General. A copy of the County's annual
financial audit should be forwarded to:
Department of Community Affairs
Office of Audit Services
2740 Centerview Drive
The Rhyne Building
Tallahassee, Florida 32399 -2100
6. Pursuant to Section 216.347, Florida Statutes, 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
RADIOLOGICAL EMERGENCY PREPAREDNESS
BUDGET AND SCOPE OF WORK
MONROE COUNTY
Cost Item Amount Scope of Work
I. Salaries & $ 62,358 Funds are provided for payment
Fringe Benefits of salaries for a full -time REP
Coordinator, 15 percent of the
Emergency Management Director,
and 10 percent of a Secretary
in support of the REP Program.
II. Contractual $ 16,235 Funds are provided for copier
Services rental ($1,500); Continuation
of the Key Largo Fire Station
water standpipe service ($441);
reimbursement for Ocean Reef
public safety personnel for
participation in training
($2,760) and exercises ($1,840);
training for 50 volunteer Fire
and Rescue personnel at $11 per
hr /8 hrs ($4,400); reimbursement
for Fire and Rescue personnel
for participation during
exercises 8 personnel at $11 per
hr /4 hrs x 2 days ($704); fee
for an in- service trainer to
provide technical training,
i.e., washdown and deconta-
mination, medical care for
contaminated victims, and
accident procedures (8 hr course
$65 hr x 4 classes ($2,080) and
2 1/2 hr course x $65 hr x 4
classes ($650). Lease of an
Omnifax at Plantation Key EOC and
Marathon Emergency Management
Office ($1,320); and the lease of
one pager for REP Coordinator
and one message page for EM
Director ($540) .
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Cost Item Amount Scope of Work
III. Communications $16,000 Funds are provided to maintain
telephone communications at the
Plantation Key EOC, Plantation
Key Sheriff's Office, Ocean
Reef Dept. of Public Safety, and
REP staff office in Plantation
Key.
IV. Travel $ 9,650 Funds are provided to reimburse
staff for travel to Miami for REP
related meetings and exercise
participation ($2,325); for in-
county travel for exercises and
meetings ($3,000); to Tallahassee
for workshops and meetings
($1,100); to reimburse the
Director and REP Coordinator for
travel to Atlanta, GA to attend
the FEMA /State /Local/ Utility
Annual REP Conference ($1,500);
travel to observe exercises out
of the area ($1,725).
V. Supplies $ 2,700 Funds are provided for daily
office supplies including
postage, copier needs, fax paper,
pads, printer ribbons, etc.,
($800); miscellaneous supplies
such as maps and overlays
($800); REP training materials,
maps etc., ($600); and food for
exercise and training parti-
cipants ($450) and food (coffee
and pastries) for training
classes ($50).
VI. Insurance $ 1,595 Funds are provided for
payment of Public Official
Liability Insurance ($455) and
General Liability Insurance
($1,140).
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Cost Item Amount Scope of Work
VII. Vehicle $ 2,000 Funds are provided for reimburse -
Allowance ment to the county for use of
county vehicles including the
Emergency Management Director's
vehicle when performing travel
pertaining to the REP Program and
for immediate use in responding
to a radiological emergency.
(Cost figured on a pro rata basis
including, vehicle acquisition,
operating costs, mechanical and
equipment maintenance, and fuel)
VIII. Capital $ 1,600 Purchase of a 32 channel Maxtrac
Equipment UHF radio with Control Station
Package and extended warranty for
Ocean Reaf Public Safety Dept.
TOTAL $112,138
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