FY1999-FY2000 08/12/1998
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BRANCH OFFICE
3111 OVERSEAS IDGHWA Y
MARA TI:lON, FLORIDA 33050
TEL (305) 289-6021
FAX (305) 289-1745
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3660
BRANCH OFFICE
88820 OVERSE~ HIGHWAY
PLANTATION KEY, FLORIDA 33010
TEL. (305) 852-1145
FAX (305) 852-1146
M~MQBAHD.YM
TO:
Reggie Paros,
Director of Public Safety
Attn: Linda A. Williams
REP Supervisor
Isabel C. DeSantis, Deputy Clerk ~. C. . t:r.
August 24, 1998
FROM:
DATE:
At the August 12, 1998 meeting, the Board granted approval and
authorized execution of an Agreement between Monroe County and
Florida Power & Light Company concerning RadiOlogical Emergency
Preparedness for Fiscal Year 1999 and 2000. I
Enclosed is a duplicate original of the above Agreement for your
handling.
Should you have any questions concerning the above, please do not
hesitate to call.
cc: County Attorney
County Administrator, w/o doc.
Finance Director
vFile
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This Agreement is between Florida Power & Light Company (hereinafte~6fnp~y"~
and the County of Monroe (hereinafter HCountyH). ;:!J ~ ::... 0
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I. PURPOSE
AGREEMENT BETWEEN
FLORHh\'~ . LIGHT COMPANY
AND
THE COUNTY OF MONROE
A. Certain responsibilities have been defined by the U.S. Nuclear Regulatory
Commission (hereinafter IINRCII) in certain provisions of 10 C.F.R. Parts
50 and 70, and in the NRC guidance document NUREG 0654, FEMA-
REP-1, Revision 1, HCriteria 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, Florida Statutes, to participate
in such cooperative relationships, and is further authorized in Section
252.37, 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 which are the
subject of the Agreement shall comply with those requirements
(hereinafter "Federal Emergency Preparedness Requirements").
II. MAINTAINING RADIOLOGICAL EMERGENCY PREPAREDNESS
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 the State of
Florida Radiological Emergency Management Plan for Nuclear Power 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 an
emergency measures booklet, to be distributed to persons within ten
miles of the Turkey Point Nuclear Power Plant and 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 land 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 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 the State of Florida Radiological Emergency
Management Plan 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;
E. County personnel assigned emergency response duties shall successfully
complete the radiological emergency training as required by Federal
Emergency Preparedness Requirements and Annex 0 of the State of
Florida Radiological Emergency Management Plan for Nuclear Power
Plants;
F. The County shall participate in Radiological Preparedness and Response
exercises and the evaluation thereof; and
G. The Company shall furnish to the County copies of Federal Emergency
Preparedness Requirements and any revisions thereto within 90 days
following enactment.
III. FUNDING
A. Funding will be provided to the County by the Company to enable the
County to carry out its responsibilities above, and to comply with Federal
Emergency Preparedness Requirements, and to carry out the provisions
of the emergency plan mandated thereby.
B. The Company shall pay the County, upon invoice, an annual amount not
to exceed the amount specified in Exhibit A of this Agreement, for the
reimbursement of costs incurred in the performance of duties associated
with maintaining radiological emergency preparedness for the County.
Such costs shall include reasonable and necessary costs associated with
maintenance of radiological emergency preparedness. The following
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categories such as, travel expenses, office expenses, salary expenses,
training and exercise expenses, and other related program expenses will
be set forth in the Budget and Scope of Work attached hereto and
incorporated herein as Exhibit" A. H All administrative overhead expenses
shall be charged in accordance with the letter submitted as verification
and shall be based on the rate approval as the official indirect cost rate
for the County. Any charges made in excess of the County's official
overhead rate shall be reimbursed to the Company.
C. 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, the Radiological Emergency Management Plan for Nuclear
Power Plants, or the Turkey Point Procedure 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.
D. The County shall account to the Company by submitting a quarterly
financial report which reflects the actual costs incurred by the County.
This accounting shall be submitted, on forms approved by the Company,
within forty-five (45) days of the end of each quarter. If such reports are
not received in a timely manner, the Company may, at its sole discretion,
withhold funds pending receipt of the report. The Company reserves the
right to withhold invoicing funds from the next fiscal year's Agreement, if
any, if the final quarterly financial report or closeout report under this
Agreement is not received in a timely manner. The quarterly financial
report forms to be used will be agreed to by the County and the Company.
In addition, the County will list any capital equipment purchases and its
purchase price made during the quarter on the quarterly financial report.
E. The County shall submit a fiscal year closeout report, on forms approved
by the Company, no later than sixty (60) days following each fiscal year,
and no later than sixty (60) days following the date of or termination of
this Agreement. Any unexpected funds remaining at the termination of
this Agreement shall be due and payable to the Company no later than
thirty (30) days thereafter or if agreed to by the Company in writing,
carried over to the next fiscal year for the enhancement of Radiological
Emergency Preparedness. The County shall also submit with the
closeout report a current inventory list of all items purchased under this
Agreement involving Radiological Emergency Preparedness funds.
F. Within forty-five (45) days of the date of execution of this
Agreement, the County shall invoice the Company to provide to
the County the first quarter payment in the amount not to exceed
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twenty five percent or one quarter of the amount specified in
Exhibit A. The County shall, thereafter, for the second, third, and
final quarters, invoice the Company to make equal payments to
the County within fifteen (15) days of the quarter. Expenditures by
the County shall be based upon the approved budget attached
hereto and incorporated herein. The County may transfer
amounts between various categories of the attached budget.
However, at no time shall any budget category be increased or
decreased by more than fifteen (15%) percent of the original
amount of that category. Over-expenditures of any budget
category of more than fifteen (15%) percent or expenditures for
items not specifically identified in Exhibit MAM shall not be allowed
without prior written approval.
G. 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 meet to
resolve the dispute. If an informal meeting is unsuccessful in resolving
the issues, the affected parties will be given the opportunity for a hearing
pursuant to Section 120.57, Florida Statutes, if applicable.
H. The Company shall be responsible for providing all funding under this
Agreement to the County.
I. All out-of-state travel to be charged to this Agreement must have prior
written approval of the Company in the absence of which the Company
shall have no obligation to honor such reimbursement requests.
IV. TITLE TO EQUIPMENT
Any equipment purchased by the County under this Agreement shall be the
property of the County, to be used for the activities described herein for the term
of this Agreement and subsequent agreements between the parties. Upon
termination of the agreements and cessation of the County's activities, the
equipment will remain the property of the County.
V. INTEREST
Payment made under this Agreement shall be deposited when received, by the
County in Qualified Public Depository as defined in Section 280.02(16), Florida
Statues, in an interest bearing account in accordance with applicable county
regulations, if any. A copy of such regulations shall be forwarded to the
Company with the first quarterly financial report. All such interest earned shall
be returned to the Company within ninety (90) days of the termination of this
Agreement or end of each fiscal year.
VI. AUDITS
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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 and shall
permit the Company and its designated authorized representatives to
audit and inspect all costs supporting documentation for all matters
covered by this Agreement.
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.
VII. ASSIGNMENT
The County may assign the right to accept such services, equipment, supplies,
materials, or funds to any appropriate local governing body or agency.
VIII. TERM OF AGREEMENT
A. This Agreement shall commence October 1, 1998, and shall terminate
September 30, 2000, unless sooner terminated in accordance with
Paragraph 8 of this Article.
B. Either party may terminate this Agreement in whole or in part without
cause, by providing sixty (60) days notice in writing to the other party.
Upon termination of this Agreement, all unexpended funds shall be
returned to the Company and an audit may be performed in accordance
with Article VI of this Agreement.
C. The County agrees to be bound by the provisions included in the
Standard Conditions attached to and incorporated by reference in this
Agreement.
5
IX. MODIFICATIONS
Any modifications to this Agreement shall be in writing and signed by all parties.
By their signatures below, the following officials have agreed to these terms and
conditions.
FOR THE COMPANY
y:
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/2. L. tJa ole
(Type Name)
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ATTEST: DANNY L. KOlHAGE, CLERK
BY~&c.~~
DEPUTY CLeRK
-
ERr .
DATE - -
6
STANDARD CONDITIONS
1 . 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.
2. All bills for any travel expenses shall be submitted in accordance with Section
112.061, Florida Statutes.
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
RADIOLOGICAL EMERGENCY PREPAREDNESS
BUDGET AND SCOPE OF WORK
Fiscal Year 1998-99
MONROE COUNTY
Cost Item
Amount
Scope of Work
I. Salaries &
Fringe Benefits
II. Contractual
Services
III. Communications
$75,997.00
Funds are provided for payment
of salaries for a full-time equivalent REP
Coordinator, 15 percent of the
Emergency Management Director,
and 10 percent of a Secretary
in support of the REP Program.
$ 9,516.00
Reimbursement for Ocean Reef
public safety personnel for
participation in training and
exercises; reimbursement for
Fire/Rescue, EMS, volunteer
personnel for participation in training
and exercises. Fee for an in-service
trainer to provide technical training.
Lease of an Omnifax at Key Largo
EOC and Plantation Key REP office,
and lease of a Copier. Lease of one
pager for REP Coordinator and one
message pager for EM Director.
$16,000.00
Funds are provided to maintain
telephone communications at the
Key Largo EOC, Plantation Key
Sheriff's Office, Ocean Reef Public
Safety Dept., and REP staff office in
Plantation Key.
8
EXHIBIT A (continued)
RADIOLOGICAL EMERGENCY PREPAREDNESS
BUDGET AND SCOPE OF WORK
Fiscal Year 1998-99
MONROE COUNTY
Cost Item Amount
Scope of Work
IV. Travel $ 8,500.00
Funds are provided to reimburse
staff for travel to Miami for REP
related meetings and exercise
participation; for in-county
travel for REP work, meetings,
training, and exercises; to reimburse
the Director & REP Coordinator for
travel to attend REP Conferences; to
reimburse staff for travel to observe
exercises out of the area and attend
REP workshops, meetings, and
training held out of the area.
V. Supplies and $ 3,350.00
Food
Funds are provided for daily
office supplies, miscellaneous
supplies, training materials, and
food for participants for training
classes and exercises.
VI. Insurance $ 1,595.00
Funds are provided for payment of
Public Official Liability Insurance and
General Liability Insurance.
VII. Capital Equipment $ 4,223.00
Funds are provided for the purchase of
lights and sirens on three Ocean Reef
Public Safety vehicles for alert and
notifications.
TOTAL
$119,181.00
9
EXHIBIT A (continued)
RADIOLOGICAL EMERGENCY PREPAREDNESS
BUDGET AND SCOPE OF WORK
Fiscal Year 1999-2000
MONROE COUNTY
Cost Item
Amount
Scope of Work
I. Salaries &
Fringe Benefits
II. Contractual
Services
III. Communications
$79,726.00
Funds are provided for payment
of salaries for a full-time equivalent REP
Coordinator, 15 percent of the
Emergency Management Director,
and 10 percent of a Secretary
in support of the REP Program.
$ 9,516.00
Reimbursement for Ocean Reef
public safety personnel for
participation in training and
exercises; reimbursement for
Fire/Rescue, EMS, volunteer
personnel for participation in training
and exercises. Fee for an in-service
trainer to provide technical training.
Lease of an Omnifax at Key Largo
EOC and Plantation Key REP office,
and lease of a Copier. Lease of one
pager for REP Coordinator and one
message pager for EM Director.
$16,000.00
Funds are provided to maintain
telephone communications at the
Key Largo EOC, Plantation Key
Sheriff's Office, Ocean Reef Public
Safety Dept., and REP staff office in
Plantation Key.
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EXHIBIT A (continued)
RADIOLOGICAL EMERGENCY PREPAREDNESS
BUDGET AND SCOPE OF WORK
Fiscal Year 1999-2000
MONROE COUNTY
Cost Item Amount
Scope of Work
IV. Travel $ 8,500.00
Funds are provided to reimburse
staff for travel to Miami for REP
related meetings and exercise
participation; for in-county
travel for REP work, meetings,
training, and exercises; to reimburse
the Director & REP Coordinator for
travel to attend REP Conferences; to
reimburse staff for travel to observe
exercises out of the area and attend
REP workshops, meetings, and
training held out of the area.
V. Supplies and $ 3,350.00
Food
Funds are provided for daily
office supplies, miscellaneous
supplies, training materials, and
food for participants for training
classes and exercises.
VI. Insurance $ 1,595.00
Funds are provided for payment of
Public Official Liability Insurance and
General Liability Insurance.
VII. Capital Equipment $ 2,815.00
Funds are provided for the purchase of
lights and sirens on two Ocean Reef
Public Safety vehicles for alert and
notifications.
TOTAL
$121,502.00
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