Item C24
Revised 3/99
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:October 16. 2002
Division: Public Safety
Bulk Item: Yes ~ No D
Department: Emerqency Manaqement
AGENDA ITEM WORDING: Approval of an agreement between the Florida Power &
Light Company and the Board of County Commissioners concerning Radiological
Emergency Preparedness for Fiscal Year 2003 and Fiscal Year 2004.
ITEM BACKGROUND: This is a two year agreement between Florida Power & Light
Company and Monroe County to provide funding to enable the County to carry out
certain responsibilities which have been defined by the U.S. Nuclear Regulatory
Commission in its Rule 10 CFR Parts 50 and 70, and NUREG 0654, FEMA-REP-1,
"Criteria for Preparation and Evaluation of Radiological Emergency Response Plans and
Preparedness in Support of Nuclear power Plants." This agreement shall commence
October 1, 2002 and shall terminate September 30, 2004.
PREVIOUS RELEVANT BOCC ACTION: Monroe County and the Florida Power & Light
Company have executed annual agreements for this purpose every year.
STAFF RECOMMENDATION: Approval.
Fiscal Year 2003 $109,000
TOTAL COST: Fiscal Year 2004 $109,000
BUDGETED: Yes ~ No D
COST TO COUNTY: None
REVENUE PRODUCING: Yes D No ~
AMOUNT PER MONTH
YEAR
APPROVED BY: COUNTY ATTY Yes OMS/PURCHASING Yes RISK MANAGEMENT .J..e.s
DEPARTMENT DIRECTOR APPROVAL
DEPARTMENT DIRECTOR NAME:
DIVISION DIRECTOR APPROVAL:
DIVISION DIRECTOR NAME:
DOCUMENTATION: INCLUDED: ~ TO FOllOW: D NOT REQUIRED: D
DISPOSITION:
AGENDA ITEM #: ~
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MONROE COUNTY BOARD OF COUNTY CO~MlSSIONERS
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CONTRACT SUMMARY
Contract with: Florida Power & Light
Contract Manager: Thomas P.Cullen Jr
(Name)
for ROCe meetin on October 16
Contract #
Effective Date:
Expiration Date:
I
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. Em~rgency Manaernenll] 4
I (Department/Stop #)
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,
Agenda Deadline: O~ber 4,
6019
(Ext. )
CONTRACT (.,r~~~~ Rc:.v~!.f e...
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C~ent Ye~r ptrti_on: $ _ 109,000
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----~----
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ADDITIONAL COSrs- T -
For:
,
(e . maintenance, u[ilititsJ ianitorial. salaries, etc.)
Total Dollar VaJue of Contract $ 218,000
Budgeted? YesD No IZI Account Codes:
Grant $
County Match: $ 0
Estimated Ongoing Costs: $Q/yr
(Not included in dollar value above)
CONTRACT REVIEW
Division Director
Changes
D~.te In Needed
101 J IZquesD N981
Date Out
Risk Management to-oO~ YesD No~ .
OM.B./Purchasing 101 vllll-vesD NoW ~..O ~.
County Attorney q /3tJ/ &J 2-YesO Norc;y/ ~ J
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Comments: I
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OMB Fonn Revised 2/27/01 MCP #2
AGREEMENT BETWEEN
FLORIDA POWER & LIGHT COMPANY
AND
THE COUNTY OF MONROE
This Agreement is between Florida Power & Light Company (hereinafter
"Company"), and the County of Monroe (hereinafter "County").
I. PURPOSE
A. Certain responsibilities have been defined by the U.S. Nuclear
Regulatory Commission (hereinafter "NRC") in certain provisions of
1 0 CFR Parts 50 and 70 and in the NRC guidance document
NUREG 0654, FEMA-REP-1, Revision 1, "Criteria for Preparation
and Evaluation of Radiological Emergency Response Plans and
Preparedness in Support of Nuclear Power Plants." There exists a
possibility of duplication of effort in meeting those responsibilities by
the Company and County. The resulting increased financial burden
on taxpayers and consumers can be avoided by the development
of a cooperative relationship between state and local public
agencies and the nuclear power utility. The County is authorized,
in Sections 252.35 and 252.60 of Florida Statutes, to participate in
such cooperative relationships and is further authorized, in Section
252.37 of Florida Statutes, to accept services, equipment, supplies,
materials, or funds for emergency management. The purpose of
this Agreement is to define certain aspects of the relationship
between the County and the Company.
B. The NRC regulations and guidance cited above are incorporated as
requirements in this Agreement by reference. All activities that are
the subject of the Agreement shall comply with those requirements
(hereinafter "Federal Emergency Preparedness Requirements").
II. BUDGET
The parties have agreed to the Work Scope and Funding attached hereto
and incorporated herein as Exhibit A. Said budget provides that the
County will require the sum of dollars specified in Exhibit A to carry out its
responsibilities hereunder.
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III. PAYMENT
Upon execution of this Agreement and receipt of associated invoicing, the
Company shall make equal semi-annual advances to the County as
described in Exhibit A. Expenditures by the County shall be based upon
the approved budget attached hereto and incorporated herein.
IV, TITLE TO EaUIPMENT
Any equipment purchased by the County under this Agreement shall be
the property of the County. This equipment is to be used for the activities
described herein for the term of this Agreement and subsequent
agreements between the parties. Upon termination of the agreements
and cessation of the County's activities, the equipment will remain the
property of the County.
V, INTEREST
The unexpended portion of advance payments to the County may be
invested in an interest bearing account in accordance with applicable
county regulations, if any. At the end of the agreement period, the County
shall retain all remaining interest eamed.
VI. AUDIT
A. The County shall (at any time during normal business hours and
with five business days advance notification) make available for
examination, to the Company and any of its duly authorized
representatives, all of the records and data with respect to all
matters covered by this Agreement. The County shall permit the
Company and its designated authorized representatives to audit
and inspect all costs and supporting documentation for all matters
covered by this Agreement. The County shall provide an annual
audited financial statement at the end of the Agreement period.
B. The County shall retain all financial records, supporting documents,
statistical records, and any other documents pertinent to this
Agreement for a period of three years after the date of submission
of the final expenditure report. Or, if an audit has been initiated
during the term of this Agreement and audit findings have not been
resolved, the records shall be retained until resolution of the audit
findings. In addition, the County shall maintain time and
attendance records for all salary costs charged to this Agreement.
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VIII
TERMS OF AGREEMENT
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ASSIGNMENT I
The County may assign the right to accept servicel equipment, supplies.
materials, or funds to any appropriate local govern~g body or agency.
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This Agreement shall commence October 1'ri 2002, and shall
terminate September 30, 2004, unless soon r terminated in
accordance with Paragraph B of this Article.
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Either party may terminate this Agreement in whole or in part
without cause, by providing sixty. (60) days n6tice in writing to the
other party. Upon termination of this Agreerl,ent, all unexpended
funds shall be returned to the Company and l~n audit may be
performed in accordance with Article VI of this Agreememt.
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The County agrees to be bound by the Provi~ions included in the
Standard Conditions attached to and incorpdrated by reference in
this Agreement. :
VII
A.
B.
C.
IX. MODIFICATIONS i
Any modifications to this Agreement shall be in writihg and signed by both
parties. In the event the statutes, rules, regUlations~l or plans applicable to
this Agreement are revised, voided, or rescinded, t e parties agree to
consider reasonable modifications to this Agreeme ,to
By their signatures below, the following officials hav~ agreed tel these
terms and conditions. I
FOR THE COUNTY FOR lE COMPANY
B~ ~~~~
Rajivf. Kundalkar
~Name)
V.P.1uclear Engim!ering
(Title)i
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(Date1
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By:
(Type Name)
(Title)
(Date)
a
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STANDARD CONDITIONS
1. Extension of this Agreement shall be in writing for a period not to exceed
six months and shall be subject to the same terms and conditions set forth
in the initial Agreement. There shall be only one extension of the
Agreement unless the failure to meet the criteria set forth in the
Agreement for completion of the Agreement is due to events beyond the
control of the Company.
2. All bills for fees or other compensation for services or expenses shall be
retained and have sufficient detail for a proper audit.
3. Pursuant to Section 216.347, Florida Statues, the County agrees that no
funds from this Agreement will be expended for the purpose of lobbying
the Legislature or a State agency.
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Exhibit A
Work Scope and Funding
I, Work Scope:
The County shall be responsible for participation in the following
radiological emergency planning and preparedness activities:
A. The County's responsibilities shall include coordination with the
Company in the development, maintenance and implementation of
an emergency preparedness program in support of the Company's
nuclear power program. The County shall perform those actions
associated with maintaining emergency preparedness as described
in the Federal Emergency Preparedness Requirements and
implemented in Annex A of the State Comprehensive Emergency
Management Plan and other implementing procedures. The
County agrees to implement these requirements professionally and
successfully in maintaining the County in a state of readiness.
B. The County and Company shall collaborate in the development of a
safety planning booklet, to be distributed to persons within ten-
miles of the Turkey Point Nuclear Power Plant. The County and
Company shall collaborate in the development and distribution of
information for parents of children who attend school within the ten-
mile Emergency Planning Zone.
C. The County shall monitor changes in !and use and population within
the ten-mile Emergency Planning Zone. The County shall provide
the Company an update of the population in the Emergency
Planning Zone, by geographical boundaries, based on available
county records. This population update should be provided in the
first quarter of each year. The County shall advise the Company of
any change in land use that may warrant a change in the County's
planning basis for nuclear power plant emergency response and
preparedness or involve inclusion in Annex A of the State
Comprehensive Emergency Management Plan. This advisement
must be within 90 days following discovery of a significant change
in land use.
D. The County shall maintain current radiological emergency plans
and implementing procedures for the County as required by
Federal Emergency Preparedness Requirements.
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E. County personnel assigned emergency response duties shall
successfully complete radiological emergency training as required
by Federal Emergency Preparedness Requirements and Chapter
15 of Annex A of the State Comprehensive Emergency
Management Plan. Documentation of training shall be maintained
and made available for inspection upon the request of the
Company.
F. The County shall participate in Radiological Preparedness and
Response exercises and the evaluation thereof.
G. The Company shall furnish to the County copies of Federal
Emergency Preparedness Requirements and any revisions thereto
within 90 days following enactment.
H. The County shall invoice the Company per the funding section of
this contract. The County shall include a financial report that
provides the status of the expenditures covered by the contract
current at time of billing.
II. Funding
Funding will be provided to the County by the Company to enable the
County to carry out its responsibilities above, comply with Federal
Emergency Preparedness Requirements, and carry out the provisions of
the emergency plan mandated thereby.
The parties have agreed to the funding as detailed below. The funding
provides that the County will require the sum of $109,000 annually to carry
out their responsibilities hereunder for fiscal years 2002/2003 and
2003/2004 -- ending September 30, 2004.
The Company shall pay the County, upon invoice, an annual amount not
to exceed the amount specified below for the reimbursement of costs
incurred in the performance of duties associated with maintaining
radiological emergency preparedness for the County. Such costs shall
only include reasonable and necessary costs associated with
maintenance of radiological emergency preparedness for the County.
Fiscal Year October 2003 through September 2004
$109,000.00
$109,000.00
Fiscal Year October 2002 through September 2003
NOT TO EXCEED AMOUNT
$218,000.00
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Upon receipt of a County invoice in October and April of each year, the
Company shall advance 50% of that fiscal year's budget amount to the
County. For each year covered under this agreement, the Company shall
provide funding to the County semi-annually in the same manner.
The County agrees that funds needed for the correction of any
"deficiency," as defined by the Federal Emergency Preparedness
Requirements, in the County's plans or program will be offset with existing
funds from the current approved budget. Funds necessary to implement
changes required by the Federal Emergency Preparedness
Requirements, Annex A of the State Comprehensive Emergency
Management Plan, or local operating procedures will be offset with
existing funds to the extent practical. The Company and County shall
review and agree on any supplemental funds that may be necessary to
meet the change.
In the event the Company and County are unable to resolve differences
regarding funding for preparation, testing and implementation of
radiological emergency response activities, the parties shall first meet to
resolve the dispute. If informal meetings are unsuccessful in resolving the
issues, any dispute or controversy between the parties arising out of or in
connection with this agreement must be submitted, by either party, to final
and binding arbitration before a single arbitrator in accordance with the
Commercial Rules of the American Arbitration Association, and judgment
upon the award rendered by the arbitrator may be entered in any court
having jurisdiction thereof. Each party shall be responsible for its
attorneys' fees and costs incurred in the arbitration. The arbitrator's fees
shall be paid in equal parts by the parties unless the award shall specify a
different division of the fees. Venue for arbitration proceedings brought
hereunder shall lie in Monroe County, Florida.
The Company shall be responsible for providing all funding under this
Agreement to the County.
Any unspent monies associated with this contract will be carried over to
the next fiscal year for the enhancement of radiological emergency
preparedness.
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