97EP-7U-11-23-10-002 L l v
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.
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.
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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 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 $112,954 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
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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 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 $28,238.50. 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 fifteen
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
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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.
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.
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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.
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, 1996 and shall terminate
September 30, 1997 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
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Conditions attached to and incorporated by reference in this agreement.
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
By c. ---. v) By'
0 c, e /' l-f- f-_ t ers- SHIRLEY FREEMAN
(Type Name) (Type Name)
1, _ ' MAYOR /CHAIRMAN
(Title) (Title)
10 • - September 19, 1996
(Date) (Date)
ti 1 " 4 �� APPRO % AS TO FOR
`C t I ANG NT
GAL SUFFICIE
o
y� � BY �. .- I a..
1, NNE A. HUTTON
� �- 'l i ' TE 9//0 &
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
6 /, ... _� f�«. 6.,._ BY ,..
DEPUTY
A.
-
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
2555 Shumard Oak Blvd.
The Sadowski 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 & $ 64,687 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 $ 12,700 Reimbursement for Ocean
Services Reef public safety personnel for
participation in training and
exercises; reimbursement
for Fire and Rescue personnel for
participation in training and
exercises. Fee for an in- service
trainer to provide technical
training.
Lease of an Omnifax at Key Largo
EOC and Plantation Key REP
Office. Lease of one pager for
REP Coordinator and one message
pager for EM Director and lease
of a Copier.
III. Communications $16,000 Funds are provided to maintain
telephone communications at the
Key Largo EOC, Plantation
Key Sheriff's Office, Ocean
Reef Dept. of Public Safety, and
REP staff office in Plantation
Key.
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Cost Item Amount Scope of Work
IV. Travel $ 10,822 Funds are provided to reimburse
staff for travel to Miami for REP
related meetings and exercise
participation; for in- county
travel for exercises and meetings
to Tallahassee for workshops and
meetings; to reimburse the
Director and REP Coordinator for
travel to attend the FEMA/
State /Local/ Utility Annual
REP Conference; travel to observe
exercises out of the area and
Task Force Meetings.
V. Supplies and $ 3,150 Funds are provided for daily
Food office supplies, miscellaneous
supplies such as maps and over-
lays and REP training materials.
Food for participants for
training classes and exercises.
VI. Insurance $ 1,595 Funds are provided for
payment of Public Official
Liability Insurance and
General Liability Insurance.
VII. Capital $ 4,000 Purchase of a portable notebook
Equipment computer for the REP Program.
TOTAL $112,954
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