01/18/1995 Agreement Number: 95EP- 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 1993 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
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employee of the Department. Such work shall be performed in a
proper manner, satisfactory to the Department.
ARTICLE II.
COMPENSATION AND FINANCIAL REPORTING REQUIREMENTS
A. This is a fixed fee Agreement and the County shall be
paid for the satisfactory performance of work hereunder in the
amount not to exceed $6,518 in accordance with the services
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.
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 completed, as indicated by an acceptable
program performance report, except that the final 25 percent will
not be released until the final work product is completed, and
determined to be acceptable by the Department. The final work
product must be submitted sufficiently in advance of the Agreement
expiration date to allow the Department to review and accept it,
or reject it and allow resubmission, alb prior to Agreement
expiration.
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, and 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. 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.
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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,{fter 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.).
C. Within ninety (90) days of the execution of this
Agreement, and every 90 days thereafter, the County shall submit
two copies of a detailed program performance report, which
describing work performed during that period of time.
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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, 1995.
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.
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.
B. The County agrees to include 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.
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ARTICLE VIII.
VENDOR PAYMENTS
A. Pursuant to Chapter 215.422, Florida Statutes, the
Department shall issue payments to vendors within 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 40 days shall result in the Department paying
interest at the rate of one percent per month calculated on a
daily basis on the unpaid balance. The interest penalty shall be
paid within 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 - 484 -3729.
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.
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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
«COUNTY» COUNTY DEPARTMENT OF COMMUNITY AFFAIRS
BY : AL11414eA+ta,441 B -
Authorized my Official Auth•. -ed'Department 'f ficial
Shirley Freeman - Mayor /Chairman
Name /Title
ATTEST: DANNY L. KOLHAGE, CLERK
NmaniTiti a Name/Title
By
put ,,,,,,a04,mi e
,antxtrU if ( { -
Date ( Date
59 6000749
Federal Employer ID Number
AP ED TO FORM
`• L UFF /C/ENCY.
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 a 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 Audit Services
2740 Centerview Drive
The Rhyne 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.
ATTACHMENT A
SCOPE OF WORK AND SCHEDULE OF PAYMENTS
HAZARDOUS MATERIALS SITE - SPECIFIC HAZARDOUS 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.
I. DESCRIPTION OF WORK
Activities to be carried out at a minimum are as follows:
TASK 1: Review and Update 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 (EHps) designated by the
Environmental Protectiop 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
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,
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
•t
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. This listing should
include all facilities that experienced no changes
in accordance with Task 1.A. Supporting
documentation should indicate:
1. Facility has closed or is no longer in
business.
2. Facility is not physically located in the
County.
3. Facility does not have EHSs on site or EHSs are
below TPQ. These facilities require:
a. A Statement of Determination from the
facility representative;
b. A Tier II form from the facility which
indicates that EHSs are not present at or
above TPQ;
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 nugber as outlined in
Article IV.
(B) Submission of one completed hazards analysis for
review for consistency with the established
planning criteria. This submission should
accompany the first program performance report.
(C) Submission of the Program Performance Reports 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.
TASK 3: Final Work Product
Submission of two copies of completed hazards
analyses for facilities listed in Attachment B.
II. SCHEDULE OF PAYMENTS
1. The first payment of 20 percent of the fixed fee amount
will be made within thirty (30) days of the execution of
this Agreement based on the receipt of items listed in
Article IV.B. of this Agreement.
2. After the initial payment, the payment percentage will
be made on a performance basis that is commensurable
with the percentage of work tasks completed and
indicated on an acceptable program performance report in
accordance with Article IV.D. of this Agreement.
3. 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.
ATTACHMENT B
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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 A.1., 2. and 3.
analyses completed (during this
reporting period).
Indicate percentage,of analyses completed
commensurate with the number of facilities
listed in Attachment B.
percentage completed (during this
reporting period).
(2) Submit two copies of the facility analyses
completed and noted in B (1) with the Program
Performance Report, which includes the facility
number, SERC Code and address.
D. 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
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).
TASK 3: Final Work Product
A. Briefly describe work status, e.g., percentage of
hazards analyses completed, etc.
B. Date of anticipated completion of scope of work.
, 1995.
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.
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 $ $
2. Hazards Analyses
(t Completed and Submitted) $
3. Final Work Product $
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)
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.
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.
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
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.
FEB o
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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.
•
•
•
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i
•
UPDATED
FISCAL YEAR 1994 -1995 COUNTY 1-L.ZARDS
COUNTY NUM OF FAC'S ALLOCATION
ALACHUA 46 9744.00 95EP 3V 03 01 22 001
BAKE 3 2 .038.00 95EP 3V 04 12 22 002
BRAFORD 9 3113.00 95EP 3V 03 14 22 003
BROWARD 171 32147.00 95EP 3V 11 16 22 004
CALHOL'N 2 1858.00 95EP 3V 02 17 22 005
CLAY 36 7952.00 95EP 3V 04 20 22 006
COLUMBIA 10 3292.00 95EP 3V 03 22 22 007
DADE 202 37702.00 95EP 3V 11 23 22 008
DIXIE 7 2755.00 95EP 3V 03 25 22 009
DUVAL 240 44513.00 95EP 3V 04 26 22 010
FLAGLER 12 3651.00 95EP 3V 04 28 22 011 •
FRANKLLNI S 2934.00 95EP 3V 02 29 22 012
GADSDEN 45 9565.00 95EP 3V 02 30 22 013
GILCI-IIZIST 4 2217.00 95EP 3V 03 31 ?2 014
GULF 12 3651.00 95EP 3V 02 33 22 015
HAMILTON 9 3113.00 95EP 3V 03 34 22 016
HILLSBOROUGH 356 65302.00 95EP 3V OS 39 22 017
JACKSON 38 S31 0.00 95EP 3V 02 41 22 01 S
JEFFERSON 7 2755.00 95EP 3V 02 43 22 019
LAFA i ETTE 4 22 17.00 95EP 3V 03 44 22 020
LEON 94 18347.00 95EP 3V 02 47 22 021
LIBERTY 6 2575.00 95EP 3V 02 49 22 022
MADISON 9 3113.00 95EP 3V 03 50 22 023 -
MANATEE 83 16375.00 95EP 3V OS 51 22 024
MONROE 2S 6518.00 95EP 3V 11 54 22 025
NASSAU 22 5443.00 95EP 3V 0.55 22 026
PASCO 139 26412.00 95EP 3V 08 61 22 027
PINELLAS 175 32863.00 95EP 3V OS 62 22 02S
PUTNAM 25 5980.00 95EP 3V 04 64 22 029
ST. JOHNS 56 11536.00 95EP 3V 04 65 22 030
ST; WANEE 14 4009.0() 95EP 3V 03 71 12 031
TAYLOR 9 3113.00 95EP 3V 0; 72 22 ;1
UNION 3 2038.00 95EP 3V 03 73 22 033
1VAKULLA 20 5084 00 951 .3V 02 75 22 031
• TOTAL 19:12 ;9
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