10/16/1996 •
Agreement Number: 97CP- 3V- 11 -54 -22 -025
AGREEMENT
BETWEEN THE STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
AND
MONROE
(NAME OF COUNTY)
This Agreement is entered into by and between the State of
Florida, Department of Community Affairs, hereinafter referred to
as the "Department" and Monroe County, hereinafter referred to as
the "County."
WITNESSETH: This Agreement is entered into based on the
following facts:
WHEREAS, the Department and the County recognize the
significant threat that hazardous materials incidents pose to the
residents and the environment of the State of Florida; and
WHEREAS, safeguarding the lives and property of its
residents is an innate responsibility of the governing body of
each county in the State of Florida; and
WHEREAS, the 1996 Legislature authorized funding to support
county hazardous materials emergency planning through the
Department.
NOW, THEREFORE, in consideration of the mutual covenants,
promises and representations herein, the Department and the
County hereby agree as follows:
ARTICLE I.
SCOPE OF WORK
A. The County shall furnish the necessary personnel,
materials, services and facilities (except as otherwise provided
herein) and shall do all things necessary for or incident to the
performance of work and services set forth in this Agreement and
in the Scope of Work attached hereto and incorporated by this
reference as Attachment A.
B. The County shall perform and render such work as an
independent contractor and not as an agent, representative or
employee of the Department. Such work shall be performed in a
proper manner, satisfactory to the Department.
. s
ARTICLE II.
COMPENSATION AND FINANCIAL REPORTING REQUIREMENTS
A. This is a fixed fee Agreement. The County shall be paid
for the satisfactory performance of the Scope of Work referenced
herein, in the amount not to exceed $5,407, subject to any
reduction or adjustment imposed on state appropriations pursuant
to law.
B. Upon execution of this Agreement, the County shall be
compensated for tasks completed in accordance with the Scope of
Work and Schedule of Payments, which are incorporated in this
Agreement as Attachment A, except as provided herein.
C. The payment of the percentages of the fixed fee amount
will be made on a performance basis in accordance with the
percentage of work tasks submitted, as indicated by an acceptable
program performance report, except that the final 25 percent will
not be released until the final work product is submitted, and
determined to be acceptable by the Department. Work submitted
less than forty -five (45) days before the Agreement expiration
date will not be accepted, reviewed or compensated.
D. Each request for payment shall be initiated by the
Department upon receipt of an acceptable Financial Invoice using
Attachment D. The Financial Invoice (Attachment D) shall be
authorized in writing by the designated official. No request
will be processed until the Financial Invoice is correct and
supported by a program performance report or product which meets
the requirements of Article IV and this Article.
E. If the Department finds that the County is not in
compliance with the terms of this Agreement, or is not in
compliance with any other grant program administered by the
Department, then, without waiving its right to terminate this
Agreement, the Department may, with written notice, withhold
payment until the County is in compliance with and is performing
satisfactorily under this Agreement or the applicable requirement
of any other grant program administered by the Department. The
notice will be sent by certified mail, with return receipt
requested, to the designated contact person. Noncompliance under
this section includes, but is not limited to, the County's
failure to perform in accordance with the Scope of Work herein or
failure to submit timely, accurate and complete program
performance reports, or products required under this Agreement.
F. The Department shall immediately notify the County by
certified mail, return receipt requested, if any reduction or
adjustment is imposed upon State appropriations that will affect
the funding of this Agreement. Parties shall then revise the
Agreement accordingly, using the procedures set forth in
Article VI below.
•
ARTICLE III.
AUDITS AND RECORDS
The County agrees:
A. To maintain books, records and documents in accordance
with generally accepted accounting procedures and practices which
sufficiently and properly reflect all expenditures of funds
provided under this Agreement. Such books, records and documents
shall be subject to inspection, review or audit by State
personnel and other personnel duly authorized by the Department
at reasonable times upon reasonable notice to the project
manager.
B. To allow public access to all documents, papers, letters
or other materials subject to the provisions of Chapter 119,
Florida Statutes, 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
grounds for unilateral termination of this Agreement by the
Department.
C. 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 termination date
of this Agreement 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.
ARTICLE IV.
PROGRAM PERFORMANCE REPORTING REQUIREMENTS AND MONITORING
A. The Department shall be entitled at all times to be
advised verbally or, if requested, in writing, of the status of
the work being performed by the County. Upon request, a written
status report will be provided within ten (10) days. Either
party to the Agreement may request, and be granted upon
reasonable notice, a conference for the presentation of reports
or the resolution of problems.
B. Within thirty (30) days of the execution of this
Agreement, the County shall submit to the Department the County's
timeline or work schedule for the completion of the scope of
work, along with a designated contact person, address, and
telephone number. The County shall also indicate the software
program that will be used to generate the hazards analyses (i.e.
CAMEO, Chemdata, etc.). The Department reserves the right to
approve, or disapprove, software to be used to generate hazards
analyses.
C. Within ninety (90) days of the execution of this
Agreement, and every 90 days thereafter, the County shall submit
one (1) copy of a detailed program performance report, which
describes work performed during that period of time.
3
D. The program performance reports shall address each task
and subtask identified in Attachment A, Scope of Work and, at a
minimum, comply with the minimum criteria for such reports, which
are incorporated in this Agreement as Attachment C.
ARTICLE V.
TERMS OF AGREEMENT
A. This Agreement shall begin on the last date of signing
and shall end on September 30, 1997.
B. Either party may terminate this Agreement for cause upon
such written notice as is reasonable under the circumstances, or
may terminate this Agreement without cause by giving thirty (30)
days notice to the other party. Written notice shall be
delivered by certified mail, return receipt requested, or in
person with proof of delivery.
C. The Department may terminate the Agreement due to
unavailability of funds with such notice as is reasonable under
the circumstances.
D. The sole intent of this Agreement is to provide
financial assistance to the counties to support the conduct of
site - specific hazards analyses and hazardous materials emergency
management activities. It is therefore required that all
expenditures paid from this fund be directly related to hazardous
materials preparedness, response, recovery or mitigation
activities. Contract funds are not required to be expended
within the contract period. Any payments received after
termination of the Agreement shall be considered payments for
work performed pursuant to the Agreement.
ARTICLE VI.
MODIFICATIONS
Either party may request changes to this Agreement,
including adjustments in the Scope of Work to be performed and
time of performance. Such modifications may be proposed in
writing by either party and become effective upon being reduced
to writing executed by both parties.
ARTICLE VII.
SUBCONTRACTS
A. If the County subcontracts any of the work required
under this Agreement, the County agrees to include in the
subcontract that the subcontractor is bound by the terms and
conditions of this Agreement with the Department, agrees to
provide the subcontractor with a copy of this Agreement and
agrees to provide the Department with a copy of the subcontract.
4
B. The County agrees to include, unless prohibited by law,
in the subcontract that the subcontractor shall hold the County
and the Department harmless against all claims of whatever nature
by the subcontractor arising out of the performance of work under
the subcontract.
ARTICLE VIII.
VENDOR PAYMENTS
A. Pursuant to Chapter 215.422, Florida Statutes, the
Department shall issue payments to vendors within forty (40) days
after receipt of an acceptable invoice and receipt, inspection,
and acceptance of goods and /or services provided in accordance
with the terms and conditions of the Agreement. Failure to issue
the warrant within forty (40) days shall result in the Department
paying interest at the rate established pursuant to Section
55.03(1) on the unpaid balance. The interest penalty shall be
paid within fifteen (15) days after issuing the warrant.
B. Vendors experiencing problems obtaining timely
payment(s) from a state agency may receive assistance by calling
the State Comptroller's Hotline at 1- 800 - 848 -3792.
ARTICLE IX.
STANDARD CONDITIONS
The County agrees to be bound by the provisions included in
the Standard Conditions attached to and incorporated by reference
in this Agreement.
[The remainder of this page has been intentionally left
blank.]
5
ARTICLE X.
TERMS AND CONDITIONS
This Agreement and its referenced attachments constitute all
the terms and conditions agreed upon by the parties.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement as of the date written below.
FOR THE COUNTY: FOR THE DEPARTMENT:
STATE OF FLORIDA
MONROE COUNTY DEPARTMENT OF COMMUNITY AFFAIRS
BY
Authorize unty Official th ized Depart nt Official
_ JOSEPH F. MYERS, DIRECTOR
j 1 / et_Q L( f ( M4N /vi/Y/ DIVISION OF EMERGENCY MANAGEMENT
Name /Title Name /Title
cc i7ib 7 `c_ Jb / 1N1zA151,.
Date Date
5q- , 0.a
O=i Employer ID Number
0 18 , G\
!
ATT : ► L. KOLHAGE, CLERK APPROVED AS TO FOt2;.i
BY C4
'OBOB 4
ERT N
DEPUTY CLERK DATE
6
STANDARD CONDITIONS
1. The State of Florida's performance and obligation to
pay under this Agreement is contingent upon an annual
appropriation by the Legislature and subject to any reduction of
the appropriation in accordance with Chapter 216, Florida
Statutes (F.S.).
2. Extension of an Agreement for contractual services
shall be in writing for a period not to exceed six (6) 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 contractor.
3. 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.
4. All bills for any travel expenses, if authorized by this
Agreement, shall be submitted in accordance with Section 112.061,
F.S.
5. The Department of Community Affairs reserves the right to
unilaterally cancel this Agreement for refusal by the contractor
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 contractor in conjunction with the
Agreement.
6. The County shall provide the Department with an annual
financial audit which meets the requirements of Sections 11.45 and
216.349, F.S., 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 the Inspector General
2555 Shumard Oak Boulevard
The Sadowski Building
Tallahassee, Florida 32399 -2100
7. Pursuant to Section 216.347, F.S., the County agrees that
no funds from this Agreement will be expended for the purpose of
lobbying the Legislature or a state agency.
7
ATTACHMENT A
SCOPE OF WORK AND SCHEDULE OF PAYMENTS
HAZARDOUS MATERIALS SITE - SPECIFIC HAZARDS ANALYSES
PURPOSE
Submission of completed hazards analyses that comply with
the hazards analysis criteria outlined in Attachment E. The
primary guidance document is the "Technical Guidance for Hazards
Analysis." All hazards analyses shall be consistent with the
provisions of this document. Any variation from the procedures
outlined in this document must be requested in writing and
approved by the Department.
I. DESCRIPTION OF WORK
Activities to be carried out at a minimum are as follows:
TASK 1: Review and Update of Hazards Analyses
A. Review and update hazards analyses for all facilities
listed in Attachment B, which have reported to the
State Emergency Response Commission (SERC) that have
present those specific Extremely Hazardous Substances
(EHSs) designated by the Environmental Protection
Agency (EPA) in quantities at or above the Threshold
Planning Quantity (TPQ). Each facility hazards
analysis must include, but is not limited to the
following items:
1. Hazard Identification
a. Location of the facility and SERC Code
b. Chemical identities
c. Type and design of storage container or
vessel
d. Maximum quantity on -site and amount in
largest vessel
e. Nature of the hazard
f. Transportation routes
g. Evacuation routes based on wind direction
2. Vulnerability Analysis
a. The extent of the Vulnerable Zone (VZ) that
may be affected given a worst case release
scenario. This analysis includes a map and
a North arrow with a specific scale (bar,
8
numeric or word) which clearly identifies
the site and VZ boundaries and, where
necessary, an awareness of contiguous states
or counties that would be affected by a
spill or release.
b. Identification of critical facilities or
sensitive institutions located within the VZ
and an estimate of each critical facility
maximum expected occupancy.
c. An estimation of the total exposed
population within the VZ.
3. Risk Analysis
a. Probability of release
b. Severity of consequences of human injury
c. Severity of consequences of damage to
property
d. Severity of consequences of environmental
exposure
e. Historical Accident Record
B. Identify and list those facilities in Attachment B for
which a hazards analysis was not updated or completed.
Supporting documentation must be submitted with the
program performance report to account for the
facilities for which a hazards analysis was not
completed. In addition to SERC Code Identification
supporting documentation should indicate:
1. Facility has no changes, in accordance with Task
1.(A.), since the last hazards analysis was
submitted. Provide facility name and address.
2. Facility has closed or is no longer in business.
3. Facility is not physically located in the County.
4. Facility does not have EHSs on site or EHSs are
below TPQ. These facilities require:
a. A Statement of Determination from the
facility representative for the previous
reporting year;
b. A Tier II form from the facility which
indicates that EHSs are not present at or
above TPQ;
9
• c. A letter from the facility representative
indicating that EHSs are not present at or
above TPQ; or
d. A returned hazards analysis questionnaire
from the facility representative which
indicates that EHSs are not present at or
above TPQ.
TASK 2: Coordination of Activities
The following includes, but is not limited to, activities to
be performed under this Agreement:
A. Notification of the County's contact person, address
and telephone number within thirty (30) days of the
execution of this Agreement, as outlined in Article IV.
B. Submission of one completed hazards analysis within
ninety (90) days of the execution of this Agreement for
review for consistency with the established planning
criteria. This submission should accompany the first
program performance report, as outlined in Article IV.
C. Submission of the Program Performance Reports every
ninety (90) days as outlined in Article IV. To be
eligible for payment, completed hazards analyses must
accompany the performance report.
D. Participation in technical assistance training sessions
provided by the Department of Community Affairs as
necessary to fulfill the Scope of Work.
E. Coordinate Scope of Work efforts with the Department of
Community Affairs.
F. Submit a list of facilities in the County believed to
have present Extremely Hazardous Substances as
designated by the Environmental Protection Agency in
quantities at or above the Threshold Planning Quantity,
but have not reported to the State Emergency Response
Commission and are not included on Attachment B.
G. Notify response agencies within the county of the
availability of hazards analyses information and make
information available upon request.
TASK 3: On Site Visits
A. Conduct a detailed on site visit for at least 35
percent of the facilities listed in Attachment B to
confirm the accuracy and completeness of information in
the hazards analysis (Task 1). Prioritize the
facilities to be visited based upon the following
criteria:
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• 1. Three or more EHSs at or above TPQ on site
2. A vulnerable zone of 10 miles or more
If the above criteria does not result in the required
number of facilities to meet the 35 percent threshold,
the County should prioritize visits to remaining
facilities based on the degree of potential risk posed.
B. Submit a site plan map of the location of EHSs at the
facility with sufficient detail to identify:
1. Location of major building(s)
2. Location of container(s) of EHSs
3. Location of major streets and entrance(s)
4. North arrow and scale, if determined, or not to
scale
TASK 4: Final Work Product
Submission of two (2) copies of completed hazards analyses
for facilities listed in Attachment B. One (1) copy to be
submitted for review of all hazards analyses. Upon final
approval of all analyses submitted, a complete second copy
shall be submitted including all required corrections.
II. SCHEDULE OF PAYMENTS
A. The first payment of 20 percent of the fixed fee
amount may be made within thirty (30) days of the
execution of this Agreement dependent upon receipt of
items listed in Article IV.B. of this Agreement.
B. After the initial payment, the payment percentage will
be made on a performance basis that is commensurable
with the percentage of work tasks submitted and
indicated on an acceptable program performance report
submitted in accordance with Article IV.D. of this
Agreement.
C. Twenty -five percent of the fixed fee amount will not
be released until the final work product is completed
and determined to be acceptable by the Department,
within the time frames provided in this Agreement.
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ATTACHMENT B
COUNTY FACILITY LISTING
12
• County
Agreement Number
Report Period to
ATTACHMENT C
HAZARDOUS MATERIALS ASSISTANCE
PROGRAM PERFORMANCE REPORT
TASK 1: Review and Update of Hazards Analyses
A. Submit one sample hazards analysis.
B. Review and update of hazards analyses.
1. Indicate the number of facility analyses
completed, which include all items required by
TASK 1.(A.),1., 2. and 3. of Attachment A.
analyses completed (during this
reporting period).
analyses submitted (during this
reporting period).
Indicate the number of on site visits performed
and site plan maps completed, which include all
items required by TASK 3.(A.) and (B), of
Attachment A.
on site visits performed (during this
reporting period).
site plan maps completed (during this
reporting period).
2. Submit one (1) copy of the facility analyses
completed and noted in B (1) with the Program
Performance Report, which includes the facility
name, SERC Code and address. Upon final approval
of all analyses submitted, a complete second copy
shall be submitted including all required
corrections.
C. Submit a list of facilities in Attachment B for which
a hazards analysis was not updated or completed
(submit supporting documentation with Program
Performance Report).
TASK 2: Coordination of Activities
A. Number of technical assistance contacts with
Department of Community Affairs planning staff and
13
' - Local Emergency Planning Committee staff relating to
hazards analyses update.
technical assistance contacts (during the
reporting period).
B. Number of training sessions attended relating to the
hazards analyses update.
training sessions attended (during the
reporting period). List
TASK 3: Final Work Product
A. Briefly describe work status, i.e., percentage of
hazards analyses completed, percentage of on site
visits completed, etc.
B. Date of anticipated completion of scope of work.
, 1997.
TASK 4: Notification to Response Agencies
Indicate when and which response agencies have received
written notification of the availability of county
hazards analysis information.
Key to reporting:
The reporting format should follow the outline and provide
the appropriate response. The response should indicate the
accomplishments for each task, as well as the completion of
tasks, i.e., pending, ongoing activities, completion.
Provide any other information applicable that might be used
to measure completeness of hazards analyses update.
14
ATTACHMENT D
FINANCIAL INVOICE
FOR
HAZARDOUS MATERIALS HAZARDS ANALYSIS UPDATE
COUNTY /AGENCY AGREEMENT #
Performance Period
COST CLASSIFICATIONS
AMOUNT APPROVED
AMOUNT BY THE
REQUESTED DEPARTMENT
1. Contact and Timeline (20% Max.)$ $
2. Hazards Analyses (55% Max.)
( % Completed /Submitted) $ $
3. Final Work Product (25% Max.) $ $
TOTAL AMOUNT $ $
I certify that to the best of my knowledge and belief the
billed costs are in accordance with the terms of the Agreement.
Signature of Authorized Official /Title Date
TOTAL AMOUNT TO BE PAID ON
THIS INVOICE $
(To be completed by the Department
15
ATTACHMENT E
Provide the following information for each facility listed
in Attachment B.
1.0. Facility Information
1.1. Facility Address
Provide both physical address and mailing
address, if different.
1.2. Facility Emergency Coordinator
Provide the name, title and telephone number of
the designated facility coordinator.
1.3. Transportation Routes
List the main routes used to transport chemicals
to and from the facility.
1.4. Evacuation Routes
Based on wind direction, identify the route
downwind to exit the largest vulnerable zone.
1.5. List of all EHSs On -site
Provide a list by Chemical Abstract Service
(CAS) number of all EHSs used, produced, or
stored at the facility.
1.6 Facility Identification
SERC Code and geographic coordinates
2.0. Hazard Identification
Provide the following information for each EHS above
the TPQ at the facility.
2.1. Chemical Identity
Provide proper chemical name, CAS number, and
natural physical state of each EHS according to
Appendix A.
2.2. Maximum Quantity On -Site
Express in pounds the maximum quantity of each
EHS the facility would have on -site at any given
time.
16
2.3. Amount in Largest Vessel or Interconnected
Vessels
Express in pounds the amount of each EHS stored
in the largest vessel or interconnected vessels.
2.4. Type and Design of Chemical Container
Indicate the storage method for each EHS, i.e.,
drum, cylinder, tank.
2.5. Nature of the Hazard
Describe the type of hazard most likely to
accompany a spill or release of each EHS, i.e.,
fire, explosion.
3.0. Vulnerability Analysis
3.1. Extent of the Vulnerable Zone
Identify the estimated geographical area that
may be subject to concentrations of an airborne
EHS at levels that could cause irreversible
acute health effects or death to human
populations within the area following an
accidental release.
3.2. Critical Facilities
List facilities within the vulnerable zone which
are essential to emergency response or house
special needs populations, i.e., schools, public
safety facilities, hospitals, etc., and their
maximum expected occupancy.
3.3. Estimated Exposed Population
Provide an estimate of the total population
within the vulnerable zone that would be
affected in a worst case release.
4.0. Risk Analysis
4.1. Probability of Release
Rate the probability of release as Low,
Moderate, or High based on observations at the
facility. Considerations should include history
of previous incidents and current conditions and
controls at the facility.
17
4.2. Severity of Consequences of Human Injury
Rate the severity of consequence if an actual
release were to occur. Indicate the number of
possible injuries and deaths, and the associated
high -risk groups.
4.3. Severity of Consequences of Damage to Property
Describe the potential damage to the facility,
nearby buildings and infrastructure if an actual
release were to occur.
4.4. Severity of Consequences of Environmental
Exposure
Describe the potential damage to the surrounding
environmentally sensitive areas, natural habitat
and wildlife if an actual release were to occur.
4.5. Historical Accident Record
Describe any past releases or incidents that
have occurred at the facility.
18
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