Item C10
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: June 20, 2001
Division: PUBLIC SAFETY
Bulk Item: Yes X
No
Department: FIRE MARSHAL
AGENDA ITEM WORDING: Approval ofan Agreement between the State of Florida, Division of
Community Affairs and the Board of County Commissioners concerning the Hazardous Material Plan
Agreement # 01CP-l1-11-54-22-025.
ITEM BACKGROUND: Each year the State of Florida, Department of Community Affairs provides
the County with funds to perform facility hazards and risk analysis, update our Hazardous Materials
Plan and provide training in Hazardous Materials to county personnel and responders.
PREVIOUS REVELANT BOCC ACTION:
None
CONTRACT/AGREEMENT CHANGES: Contract amount has lessened from $6,069.00 to
$5,001.00 due to fewer facilities requiring inspection.
STAFF RECOMMENDATIONS:
Staff recommends Board approval.
TOTAL COST: $5,001.00
BUDGETED: Yes NA No NA
COST TO COUNTY: NONE
REVENUE PRODUCING: Yes
No XX AMOUNT PER MONTH
Year
APPROVED BY: County Atty YES
Management Pending
Aalu!9 FkE
.AM 12..t;;-/.4i..
DEP ARTMENT DIRECTOR APPROVAL:
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION:
Included: X To Follow
Not Required
DISPOSITION:
AGENDA ITEM # (!. --10
Revised 2/27/01
13 01 14-33 Monroe County OMS
JUj~N-05~01 13 50 FROM,MONROE COUNTY ATTY OFFICE
305 295 4320
10,3052923516
PACE
P.02
1/1
MONROE COUNTY HOARD Or COUNTY COMMJSSIONERS
CONTRACT SUMMAR Y
Contract with: DCA Stale of Florida Contract #0 I CP- ) 1-11-54-22-025
..-... Effective Dllte:
Expiration Date: 9/30/99
Contract PUlpose!Descnption:
The State of Florida, Department of Corrununity Affairs pro"ides financjaJ assistance to
the counties to support the conduct of sire-specific hazards BIlalysi!l and h~ardous
materials training activities. There is !1o match r~uirement for these funds.
, ..
-,. ".- . .
-, .. . -
Contract Manager' Bill Surina 6045 Fire Marshal #14
(Name) - - (Department/Stop #)
(Ex.t.)
,
for BOCC meeting on 6120/0 J Agenda Deadline: 6/6101
CONTRACT COSTS
Total DoHar VaJue ofConll'act; S 5,001.00
8udceted? Yes[] No 0 Account Codes:
Grant: $ 5.001.00
County Match: S N?A
Current Year Portion: $
-
-.'----
.. - - .
-----
-
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-
ADDITIONAL COSrs- - --
Estinl:lted Ongoing Costs: $ Iyr For:
(Nor illcluded in dollar value lbov~ (e~ mainlenlll1c:e. uljJili~.s.janirori.1. salarie!, Clc-,r--
CONTRACT REVIEW
Ch8l1ges
R'~Jb Needed
Division Director ~b( YesO No
Risk Manage;rent ~~o I Yc~D No~ . We N2.._ \( I
W~g ~IYes[lNo~~t1~~
C~;AttOmey ~."Y-0 Y.50NO~~ G s-:
Comment:;;
OMA Form Revi.lcd 212'10 I MCP If2
€"d
eto9-SB~
j:;~unoo ilO..tUOIU
e..=OI TO SO unr
Contract Number: 01 CP-11-11-54-22-025
CFDA Number:
CONTRACTUAL SERVICES AGREEMENT
THIS AGREEMENT is entered into by and between the State of Florida, Department of
Community Affairs, with headquarters in Tallahassee, Florida (hereinafter referred to as the
"Department"), and Monroe County, (hereinafter referred to as the "County").
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOllOWING FACTS:
A. WHEREAS, the County represents that it is fully qualified, possesses the requisite skills,
knowledge, qualifications and experience to provide the services identified herein, and does offer to
perfonn such services, and
B. 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
C. 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 ' ,
D. WHEREAS, the 2000 legislature authorized funding to support Gounty hazardous materials
emergency planning through the Department.
NOW, THEREFORE, the Department and the County do mutually agree as follows:
(1) SCOPE OF WORK.
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 perfonnance
of work and services set forth in this Agreement and in the Scope of Work attached hereto and
incorporated by this reference as Attachment B.
The County shall perfonn and render such work as an independent Contractor and not as
an agent, representative or employee of the Department. Such work shall be perfonned in a proper
manner, satisfactory to the Department.
(2) INCORPORATION OF LAWS. RULES, REGULATIONS AND POLICIES.
Both the County and the Department shall be governed by applicable State and Federal
laws, rules and regulations.
(3) PERIOD OF AGREEMENT.
This Agreement shall begin upon execution by both parties and shall end September 30,
2001, unless tenninated earlier in accordance with the provisions of paragraph (8) of this Agreement.
(4) MODIFICATION OF CONTRACT: REPAYMENTS
Either party may request modification of the provisions of this Agreement. Changes
which are mutually agreed upon shall be valid only when reduced to writing, duly signed by each of the
parties hereto, and attached to the original of this Agreement.
All r~funds or repayments to be. made to the Department under this Agreement are to be
made payable to the order of "Department of Community Affairs", and mailed directly to the Department
at the following address:
Department of Community Affairs
Cashier
Finance and Accounting
2555 Shumard Oak Boulevard
Tallahassee FL 32399-2100
In accordance with 9215.34(2), Fla, Stat., if a check or other draft is returned to the
Department for collection, the Department must add to the amount of the check or draft a service fee of
Fifteen Dollars ($15.00) or Five Percent (5%) of the face amount of the check or draft.
(5) RECORD KEEPING
(a) If applicable, County's performance under this Agreement shall be subject to the
federal "Common Rule:;.' Uniform Administrative Requirements for State and Local Governments" (53
Federal Register 8034) or OMS Circular No. A-11 0, "Grants and Agreements with Institutions of High
Education, Hospitals, and Other Nonprofit Organizations," and either OMS Circular No. A-87, "Cost
Principles for State and Local Governments," OMS Circular No. A-21 , "Cost Principles for Educational
Institutions," or OMS Circular No. A-122, "Cost Principles for Nonprofit Organizations."
(b) All original records pertinent to this Agreement shall be retained by the County for
three years following the date of termination of this Agreement or of submission of the final close-out
report, whichever is later, with the following exceptions:
1. If any litigation, claim or audit is started before the expiration of the three
year period and extends beyond the three year period, the records will be maintained until all litigation,
claims or audit findings involving the records have been resolved.
2. Records for the disposition of non-expendable personal property valued at
$5,000 or more at the time of acquisition shall be retained for three years after final disposition. .
3. Records relating to real property acquisition shall be retained for three years
after closing of title.
(c) All records, including supporting documentation of all costs, shall be sufficient to
determine compliance with the requirements and objectives of the Scope of Work and Schedule of
Payments- Attachment S - and all other applicable laws and regulations.
(d) The County, its employees or agents, including all subcontractor or consultants to be
paid from funds provided under this Agreement, shall allow access to its records at reasonable times to
the Department, its employees, and agents. "Reasonable" shall be construed according to the
circumstances but ordinarily shall mean during normal business hours of 8:00 a.m. to 5:00 p.m., local
time, on Monday through Friday. "Agents" shall include, Qut not be limited to, auditors retained by the
Department.
(6) MONITORING AND REPORTING REQUIREMENTS.
(a) The County shall constantly monitor its performance under this Agreement to ensure
that time schedules are being met, the Scope of Work and Schedule of Payments is being accomplished
within specified time periods, and other performance goals are being achieved.
2
(b) The Department shall be elJtitled 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.
(c) By December 31, 2000, 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, telephone number, e-mail address and one completed hazards analyses for review.
The County shall also indicate the software program that will be used to generate the hazards analyses
(Le. CAMEO for Windows). The Department reserves the right to approve, or disapprove, software to
be used to generate hazards analyses.
m LIABILITY.
The County, which is a state agency or subdivision, as defined in Section 768,28, Fla.
Stat., agrees to be fully responsible for its negligent acts or omissions or tortious acts which result in
claims or suits against the Department, and agrees to be liable for any damages proximately caused by
said acts or omissions. "Nothing herein is intended to serve as a waiver of sovereign immunity by the
County to which sovereign immunity applies. Nothing herein. shall be construed as consent by a state
agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any
contract.
(8) DEFAULT: REMEDIES: TERMINATION.
(a) If the necessary funds are not available to fund this agreement as a result of action
by Congress, the state Legislature, the Office of the Comptroller or the Office of Management and
Budgeting, or if any of the following events occur C'Events of Default'1, all obligations on the part of the
Department to make any further payment of funds hereunder shall, if the Department so elects,
terminate and the Department may, at its option, exercise any of its remedies set forth herein, but the
Department may make any payments or parts of payments after the happening of any Events of Default
without thereby waiving the right to exercise such remedies, and ~ithout becoming liable to make any
further payment:
1. If any warranty or representation made by the County in this Agreement or
any previous Agreement with the Department shall at any time be false or misleading in any respect, or if
the County shall fail to keep, observe or perform any of the terms or covenants contained in this
Agreement or any previous agreement with the Department and has not cured such in timely fashion, or
is unable or unwilling to meet its obligations thereunder;
2. If any material adverse change shall occur in the financial condition of the
County at any time during the term of this Agreement from the financial condition revealed in any reports
filed or to be filed with the Department, and the County fails to cure said material adverse change within
thirty (30) days from the time the date written notice is sent by the Department.
3. If any reports required by this Agreement have not been submitted to the
Department or have been submitted with incorrect, incomplete or insufficient information;
4. If the County has failed to perform and complete in timely fashion any of the
services required under the Scope of Work. attached hereto as Attachment B.
(b) Upon the happening of an Event of Default, then the Department may, at its option,
upon written notice to the County and upon the County's failure to timely cure, exercise anyone or more
of the following remedies, either concurrently or consecutively, and the pursuit of anyone of the
3
following remedies ~hall not preclude the Department from pursuing any other remedies contained herein
or otherwise provided at law or in equfty:
1. Terminate this Agreement, provided that the County is given at least thirty
(30) days prior written notice of such termination. The notice shall be effective when placed in the United
States mail, first class mail, postage prepaid, by registered or certified mail-return receipt requested, to
the address set forth in paragraph (10) herein;
2. Commence an appropriate legal or equitable action to enforce performance
of this Agreement;
3. Withhold or suspend payment of all or any part of a request for payment;
4. Exercise any corrective or remedial actions, to include but not be limited to,
requesting additional information from the County to determine the reasons for or the extent of non-
compliance or lack of performance, issuing a written warning to advise that more serious measures may
be taken if the situation is not corrected, advising the County to suspend, discontinue or refrain from
incurring costs for any activities in question or requiring the County to reimburse the Department for the
amount of costs incurred for any items determined to be ineligible;
5. Exercise any other rights or remedies which may be otherwise a_vailable
under law;
(c) The Department may terminate this Agreement for cause upon such written notice
as is reasonable under the circumstances. Cause shall include, but not be limited to, misuse of funds;
fraud; lack of compliance with applicable rules, laws and regulations; failure to perform in a timely
manner; and refusal by the County to permit public access to any document, paper, letter, or other
material subject to disclosure under Chapter 119, Fla. Stat., as amended.
(d) Suspension or termination constitutes final agency action under Chapter 120, Fla.
Stat., as amended. Notification of suspension or termination shall include notice of administrative
hearing rights and time frames.
(e) The County shall retum funds to the Department if found in non-compliance with
laws, rules, regulations governing the use of the funds or this Agreement.
(f) This Agreement may be terminated by the written mutual consent of the parties.
(g) Notwithstanding the above, the County shall not be relieved of liability to the
Department by virtue of any breach of Agreement by the County. The Department may, to the extent
authorized by law, withhold any payments to the County for purpose of set-off until such time as the
exact amount of damages due the Department from the County is determined.
(9) NOTICE AND CONTACT.
(a) All notices provided under or pursuant to this Agreement shall be in writing, either by
hand delivery, or first class, certified mail, r~tum receipt requested, to the County's contact person. The
County is required to provide the name of a contact person and contact information in Attachment B,
Scope of Work, section 1. Task 1.
(10) OTHER PROVISIONS.
(a) The validity of this Agreement is subject to the truth and accuracy of all the
information, representations, and materials submitted or provided by the County in this Agreement, in
4
any subsequent submission or response to Department request, or in any submission or response to
fulfill the requirements of this Agreement, and such information, representations, and materials are
incorporated by reference. The lack of accuracy thereof or any material changes shall, at the option of
the Department and with thirty (30) days written notice to the County, cause the termination of this
Agreement and the release of the Department from all its obligations to the County.
(b) This Agreement shall be construed under the laws of the State of Florida, and venue
for any actions arising out of this Agreement shall lie in Leon County. If any provision hereof is in conflict
with any applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed
null and void to the extent of such conflict, and shall be deemed severable, but shall not invalidate any
other provision of this Agreement.
(c) No waiver by the Department of any right or remedy granted hereunder or failure to
insist on strict performance by the County shall affect or extend or act as a waiver of any other right or
remedy of the Department hereunder, or affect the subsequent exercise of the same right or remedy by
the Department for any further or subsequent default by the County. Any power of approval or
disapproval granted to t~e Department under the terms of this Agreement shall survive the terms and life
of this Agreement as a whole.
(d) The Agreement may be executed in any number of counterparts, anyone of which
may be taken as an original. '
(e) The County agrees to comply with the Americans With Disabilities Act (Public Law
101-336,42 U.S.C. Section 12101 et seQ.), if applicable, which prohibits discrimination by public and
private entities on the basis of disability in the areas of employment, public accommodations,
transportation, State and local government services, and in telecommunications.
(f) A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime may not submit a bid on a contract to provide any goods or services
to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a
public building or public work, may not submit bids on leases of real property to a public entity, may not
be awarded or perform work as a County, supplier, subcontractor, or consultant under a contract with a
public entity, and may not transact business with any public entity in excess of Category Two for a period
of 36 months from the date of being placed on the convicted vendor list.
(11) AUDIT REQUIREMENTS.
(a) The County agrees to maintain financial procedures and support documents, in
accordance with generally accepted accounting principles, to account for the receipt and expenditure of
funds under this Agreement.
(b) These records shall be available at all reasonable times for inspection, review, or
audit by state personnel and other personnel duly authorized by the Department. "Reasonable" shall be
construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to
5:00 p.m., local time, Monday through Friday.
(c) The County shall also provide the Department with the records, reports or financial
statements upon request for the purposes of auditing and monitoring the funds awarded under this
Agreement.
(d) If the contract amount is $300,000 or more, then the County shall also provide the
Department with an annual financial audit report which meets the requirements of the Single Audit Act of
1984,31 U.S.C. ss. 7501-7507, OMS Circular A-133 for the purposes of auditing and monitoring the
5
funds awarded under this Agreement. The funqing for this Agreement was received by the Department
as a Contractual SerVices appropriation.
1. The annual financial audit report shall include all management letters and the
County's response to all findings, including corrective actions to be taken.
2. The annual financial audit report shall include a schedule of financial
assistance specifically identifying all Agreement and other revenue by sponsoring agency and
Agreement number.
3. The complete financial audit report, including all items specified in (12)(d) 1
and 2 above, shall be sent directly to:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
"
(e) In the event the audit shows that the entire funds disbursed hereunder, or any
portion thereof, were not spent in accordance with the conditions of this Agreement, the County shall be
held liable for reimbursement to the Department of all funds not spent in accordance with thes~
applicable regulations and Agreement provisions within thirty (30) days after the Department has notified
the County of such non-compliance.
(f) The County shall retain all financial records, supporting documents, statistical
records, and any other documents pertinent to this contract for a period of three years after the date of
submission of the final expenditures report. However, if litigation or an audit has been initiated prior to
the expiration of the three-year period, the records shall be retained until the litigation or audit findings
have been resolved.
(g) The County shall have all audits completed by an independent certified public
accountant (IPA) who shall either be a certified public accountant or a public accountant licensed under
Chapter 473, Fla. Stat. The IPA shall state that the audit complied with the applicable provisions noted
above.
(h) The audit is due seven (1) months after the end of the fiscal year of County or by the
date the audit report is issued by the state Auditor General, whichever is later.
(12) SUBCONTRACTS.
(a) If the County subcontracts any or all of the work required under this Agreement, a
copy of the executed subcontract must be forwarded to the Department within thirty (30) days upon
request. The County agrees to include in the subcontract that (i) the subcontractor is bound by all
applicable state and federal laws and regulations, and (ii) the subcontractor shall hold the Department
and County harmless against all claims of whatever nature arising out of the subcontractor performance
of work under this Agreement, to the extent allowed and required by law. All subcontracts shall be
subject to the approval of the Department.
(13) TERMS AND CONDITIONS.
The Agreement contains all the terms and conditions agreed upon by the parties.
6
(14) ATTACHMENTS.
(a) All attachments to this Agreement are incorporated as if set out fully herein.
(b) In the event of any inconsistencies or conflict between the language of this
Agreement and the attachments hereto, the language of such attachments shall be controlling, but only
to the extent of such conflict or inconsistency.
(15) FUNDING/CONSIDERA TION
(a) This is a fixed fee agreement. As consideration for performance of work rendered under this
Agreement, the Department agrees to pay a fixed fee of up to $5,001.00. Payment will be made in
accordance with the provisions of Attachment A (Compensation and Financial Reporting Requirements).
(h) 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.
(16) STANDARD CONDITIONS.
The County agrees to be bound by the following standard conditions:
(a) 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 modification in
accordance with Chapter 216, Fla. Stat. or the Florida Constitution.
(b) If otherwise allowed under this Agreement, the Agreement may be renewed on a
yearly basis for a period of up to two (2) years after the initial agreement or for a period no longer than
the term of the original agreement, whichever period is longer, specifying the terms under which the cost
may change as determined in the invitation to bid, request for proposals, or pertinent statutes or
regulations.
(c) All bills for fees or other compensation for services or expenses shall be submitted in
detail sufficient for a proper preaudit and postaudit thereof.
(d) If otherwise allowed under this Agreement, all bills for any travel expenses shall be
submitted in accordance with s. 112.061, Fla. Stat.
(e) The Department of Community Affairs 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, Fla. Stat., and made or received by the County in
conjunction with this Agreement.
(f) If the County is allowed to temporarily invest any advances of funds under this
Agreement, any interest income shall either be returned to the Department or be applied against the
Department's obligation to pay the contract amount.
(g) The State of Florida will not intentionally award publicly-funded contracts to any
County who knowingly employs unauthorized alien workers, constituting a violation of the employment
provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality
7
~UN-IJ-~l ~~;~b ~~UM:MUNKU~ ~UUNA. M~~. urr~~~ '~.J_~~_~~~&_
Act rlNA i). The !;)epartment shell consider the employment by any County of unauthorized aliens a
violation of Section 274A(e) of the INA. Such violation by the County of the employment provIsions
contained In Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by
the Department.
(17) COPYRIGHT. PATENT AND TRADEMARK
If applicable to this Agreement, refer to Attachment F for terms and conditions relating to
copyrights, petents and trademat1cs.
(18) LEGAL AUTHORIZATION.
The County certifies with respect to this Agreement that it possesses the legal authortty
to receive the tunds to be provided under this Agreement and that. If applicable, its governing bOdy has
authorized, by resolution or otherwise, the execution and acceptance of this Agreement with all
CO\fenar1ts and assurances contained herein. The County also certifies that the undersigned possesses
the authority to legally execute and bind County to the terms of this Agreement.
(19) V~NDOR PAYMENTS.
Pursuant to Section 215.422, Fla_ St~t.. the Department shall i55lJe payments to \fendors
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 al1d conditions of the Agreement. Failure to Issue
the warrant within 4Q days shall restllt In the Department paying interest at II rate as established pursuant
to Section 55.03(1) Fla. Stat, The interest penalty shall be paid within 15 days aner issuing the warrant.
Vendors experiencing problems obtaining timely payment(s) from a state agency may
receive IIssistance by contacting the Vendor Ombudsman at (850) 488.-2924 or by calling the State
Comptrollers HoUine at 1-800-848-3792.
IN WITNESS WHEREOF, the parties hereto have caused tl'lis contract to be executed
by their undersigned offldals as duly authorized.
County: Monroe County
BY:
Name and title:
Date:.
SAMAS .,
FID#
8
Attachment A
COMPENSATION AND FINANCIAL REPORTING REQUIREMENTS
A. 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 8, except as provided herein.
8. 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, except that the final 25 percent will not be
released until the final work product is completed, submitted, and determined to be acceptable by the
Department. Fifty (50) percent of the hazards analyses shall be received by the Department not later than
June 1, 2001 except that a later date may be agreed upon in writing by both parties to this Agreement.
The final fifty (50) percent shall be received by the Department not later than August 1, 2001. Absent any
extenuating circumstances, and except as otherwise provided in this Agreement work submitted after
August 1, 2001 will not be accepted, reviewed or compensated. The Department will be the sole authority
for determining extenuating circumstances and granting extensions to the work submission deadline.
C. Each request for payment shall be initiated by the Department upon receipt of an _acceptable
Financial Invoice (Attachment D). The County shall submit an Attachment 0, for payment that is
commensurate with the percentage of hazards analyses submitted. The County shall submit an
Attachment 0, for the twenty-five (25) percent final payment, to the Department with required corrections
to the hazards analyses within forty-five (45) days of the contract termination date. The Department will
release the final payment only upon a determination that all hazards analyses are complete and
acceptable, an approved copy of the hazards analyses has been sent to the applicable Local Emergency
Planning Committee (LEPC) and notification has been made to all facilities that the hazards analysis
information is available upon request. The county emergency management director, or an official
designated in writing by the director, shall sign the Financial Invoice (Attachment D). No request will be
processed until the Financial Invoice is correct and supported by the product which meets the requirements
of this Agreement.
D. In the event that the County submits less than fifty (50) percent of the hazards analyses on
June 1, 2001 or on August 1, 2001, then the payment due on each occasion shall be reduced by an
amount commensurate with the number of omitted hazards analyses and the number of days late, if any.
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 submit timely, accurate and complete products
required under this Agreement.
9
~ttachment 8
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 this Attachment. 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 by certified mail, retum receipt
requested and approved by the Department.
I. DESCRIPTION OF WORK
"
TASK 1: Coordination of Activities
The following includes~ but is not limited to, activities to be performed under this Agre.ement:
A. Notification of the County's contact person, address, telephone number and software utilized
to the Department by December 31,2000.
B. Submission of one completed hazards analysis by December 31,2000 for review of
consistency with the established planning criteria.
C. Participation in a technical assistance training session provided by the Department is
necessary to fulfill the Scope of Work. The Department reserves the right to waive this
requirement.
D. Submit a list of facilities in the County believed to have present Extremely Hazardous
Substances (EHSs) as designated by the Environmental Protection Agency (EPA) in
quantities at or above the TPQ, but have not reported to the SERC and are not included on
Attachment C.
E. Notify response agencies within the County of the availability of hazards analyses
information and make that information available upon request.
F. Notify Section 302 facilities of the availability of hazards analysis information and make that
information available upon request.
TASK 2: Review and Update of Hazards Analvses
A. Review and update hazards analyses for all facilities listed in Attachment C, which have
, reported to the State Emergency Response Commission (SERC) that they have present
those specific EHSs designated by the EPA in quantities at or above the Threshold Planning
Quantity (TPQ). It is required that each Attachment C facility be contacted by written survey,
telephone or on-site visit to ensure accuracy of hazards analysis. Each facility hazards
analysis must include, but is not limited to, the following items:
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1. ~acility Information
a. Facility name and address
Provide both physical address (no Post Office Box) and mailing address,
if different. Identify any discrepancies regarding facility name and/or
address compared to the Attachment C listing.
b. Facility Identification
SERC Code and geographic coordinates (latitude and longitude).
c. Facility Emergency Coordinator
Provide the name, title and telephone number (include 24-hour) of the
designated facility coordinator.
d. ~ List of EHSson site
Provide by Chemical Abstract Services (CAS) number a list of all EHSs used,
produced, or stored at the facility. '
e. Transportation Routes
List the main routes used to transport chemicals to and from the facility.
f. Evacuation Routes
Based on wind direction from the North, South, East and West, identify the
route(s) from the facility to exit the Vulnerable Zone 01z).
g. Historical Accident Record
Describe any past releases or incidents that have occurred at the facility.
Include date, time, chemical name, quantity and number of persons
injured or killed (This information is available from the facility).
2. Hazard Identification
a. Chemical identities
Provide proper chemical name, CAS number and natural physical state
of each EHS according to exhibit C of the Technical Guidance for
Hazards Analysis.
,
b. Maximum quantity on-site .
Express in exact pounds (not range codes) the maximum quantity of
each EHS the facility would have on-site at any given time.
11
c. Amount in largest cOl}tainer or interconnected vessels
Express in pounds the amount of each EHS stored in the largest vessel
or interconnected vessels.
d. Type and design of storage container or vessel
Indicate the storage method of each EHS, Le., drum, cylinder, tank, and
their respective capacities This includes system types such as manifold
versus vacuum.
e. Nature of the hazard
Describe the type of hazard most likely to accompany a spill or release
of each EHS, Le., fire, explosion.
3. Vulnerability Analysis
,
a. 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. Plot that geographical area on a map,
indicating the Vulnerable Zone.
b. Estimate Facility Population
Provide an estimate of the number of employees at the facility.
c. Critical Facilities
List facilities and their populations within the VZ which are essential to
emergency response or house special needs populations, Le., schools,
public safety facilities, hospitals, etc., and their maximum expected
occupancy. Individual critical facility populations and total populations
within VZs shall be provided. '
d. Estimated Exposed Population
Provide an estimate of the maximum possible population within the VZ that
would be affected in a worst case release.
4. Risk Analysis
a. 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.
b. Severity of consequences of human injury
Rate the severity of consequences if an actual release were to occur.
12
c~ 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.
d. 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.
B, Identify and list those facilities in Attachment C for which a hazards analysis was not
submitted. Supporting documentation must be provided with the list to account for the
facilities for which a hazards analysis was not completed. In addition to the SERC Code
Identification. supporting documentation should indicate:
"
1. Facility has closed or is no longer in business.
2. Facility is not physically located in the County
(indicate appropriate county location. if known).
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 for the previous
reporting year, or
b. A letter from the facility representative fully explaining why the EHSs are not
now present at or above TPQ.
TASK 3: On-Site Visits
A. Conduct a detailed on-site visit for a minimum of fifty (50) percent of the facilities listed in
Attachment C. to confirm the accuracy and completeness of information in the hazards
analysis (Task 2). Prioritize the facilities to be visited based upon the following criteria:
1. New facilities.
2. Facilities not visited during the previous contract year.
Note: It is encouraged that each Attachment C facility receives an on-site visit. This will
allow for the achievement of the 100 percent on-site visitation goal desired by the SERC.
B. For those facilities visited submit a site plan map with the location of EHSs at the facility
and in 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
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C. Provide the date of the on-site visit for the fifty (50) percent of facilities visited.
TASK 4: Final Work Product
Submission of one (1) copy of completed hazards analyses for all facilities listed in Attachment C
in a fonnat acceptable to the Department for review and approval. Upon final approval of all
analyses submitted, a complete and corrected second copy shall be sent to the Local Emergency
Planning Committee. A copy of the transmittal letter shall be submitted to the Department.
Documentation that all subject facilities have been notified of the availability of the hazards
analyses infonnation within the time frames provided in this Agreement.
II. SCHEDULE OF PAYMENTS
A. The first payment of twenty (20) percent of the fixed fee amount is payable upon receipt
of items "sted in section 1, Task 1 of this Attachment, which are due on or before
December 31, 2000.
B. After the initial payment, the payment percentage will be made on a perfonnance basis
that is commensurable with the percentage of hazards analyses for facilities appearing on
Attachment C submitted and approved as indicated on Attachment D, Financial Invoice.
Fifty (50) percent of the hazards analyses shall be received by the Department not later
than ~une 1, 2001 except that a later date may be agreed upon in writing by both parties
to this Agreement. The final fifty (50) percent shall be received by the Department not
later than August 1, 2001. Absent any extenuating circumstances, and except as
otherwise provided in this Agreement, work submitted after August 1. 2001 will not be
accepted, reviewed or compensated.
C. Twenty-five (25) percent of the fixed fee amount will not be released until the final work
product is completed and detennined to be acceptable by the Department. a transmittal
letter confinning that an approved copy of the hazards analyses has been sent to the
LEPC, and documentation that all facilities for which a hazards analysis was conducted
have been notified of the availability of the hazards analyses infonnation. This should be
completed no later than December 1, 2001.
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Attachment C
County Facility listing
,
lS
Attachment D
FINANCIAL INVOICE
FOR
HAZARDOUS MATERIALS HAZARDS ANALYSIS UPDATE
COUNTY/AGENCY
AGREEMENT #
COST CLASSIFICATIONS
AMOUNT
REQUESTED
BY THE COUNTY*
AMOUNT APPROVED
BY THE
DEPARTMENT
1. Contact and Timeline,,(20% Max.)
$
$
2. Hazards Analyses (27.5% Max.)
(50% completed/submitted)
3. Hazards Analyses (27.5% Max.)
(50% completed/submitted)
$
$
$
$
4. Final Work Product completed
(25% Max)
TOTAL AMOUNT
$
$
$
$
(To be completed by
the Department)
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 OfficiallTitle
Date
TOTAL AMOUNT TO BE PAID AS OF
THIS INVOICE $
AUTHORIZED BY
(To be completed by the Department)
16
*Request amount should reflect current payment only.
Attachment E
Federal Lobbying Prohibitions
The County certifies, by its signature to this Agreement, that to the best of his or her
knowledge and belief:
(a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the
making of any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative
agreement.
(b) If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection
with this Federal contract, grant, loan or cooperative agreement, the undersigned shall complete and
submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
(c) The undersigned shall require that the language of this certification be included in
the award documents for all subawards at all tiers (including subcontracts, subgrants, -and contracts
under'grants, loans, and cooperative agreements) and that all subcontractors shall certify and disclose
accordingly.
This certification is a material representative of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who
fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not
more than $100,000 for each such failure.
County: Monroe County
Name and Title
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A~achment F
Copyright, Patent and Trademark
(a) If the County brings to the perfonnance of this Agreement a pre-existing patent or
copyright, the County shall retain all rights and entitlements to that pre-existing patent or copyright unless
the Agreement provides otherwise.
(b) If any discovery or invention arises or is developed in the course of or as a result of
work. or services performed under this Agreement, or in any way connected herewith, the County shall
refer the discovery or invention to the Department for a determination whether patent protection will be
sought in the name of the State of Florida. Any and all patent rights accruing under or in connection with
the performance of this Agreement are hereby reserved to the State of Florida. In the event that any ,
books, manuals, films, or other copyrightable material are produced, the County shall notify the
Department. Any and all copyrights accruing under or in connection with the performance under this
Agreement are hereby reserved to the State of Florida.
(c) Within thirty (30) days of execution of this Agreement, the County shall disclose all
intellectual properties relevant to the perfonnance of this Agreement which he or she knows or should
know could give rise to a patent or copyright. The County shall retain all rights and entitlements to any
pre-existing intellectual property which is so disclosed. Failure to disclose will'indicate that no such
property exists. The Department shall then, under Paragraph (b), have the right to all patents and
copyrights which occur during performance of the Agreement.
18