Resolution 368-1987
Billy Wagner, Director
Civil Defense
RESOLUTION NO. 368 -1987
A RESOLUTION OF THE BOARD OF COUNTY COMMIS-
SIONERS OF MONROE COUNTY, FLORIDA, AUTHORIZ-
ING THE MAYOR AND CHAIRMAN OF SAID BOARD TO
EXECUTE AN AGREEMENT BY AND BETWEEN THE STATE
OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS
AND THE COUNTY OF MONROE CONCERNING LOCAL
RADIOLOGICAL EMERGENCY PLANS.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, as follows:
That the Mayor and Chairman of said Board is hereby au-
thorized to execute an Agreement by and between the State of
Florida Department of Community Affairs and Monroe County,
Florida, a copy of same being attached hereto, concerning local
radiological emergency plans.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regularly scheduled meeting of said
Board held on the 28th day of September, A.D. 1987.
( Seal)
At t est: DANNX 4 KOLHAGE, Clerk
v!2L~~-11 Jt~
13'V
AGREEMENT BETWEEN
THE STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS
AND
THE COUNTY OF MONROE
This Agreement is between the State of Florida, Department
of Community Affairs (hereinafter called "Department") and the
County of Monroe (hereinafter called "County").
I. PURPOSE
A. Certain responsibilities have been defined by the
U. S. Nuclear Regulatory Commission (hereinafter
referred to as "NRC") in its Rule 10 CFR 50 and 70
and 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 exist~ a
possibility of duplication of effort in meeting
those responsibilities, which effort would be
expended by the Department and County. The
resultant increased financial burden on taxpayers
and consumers can be avoided by the development of
a cooperative relationship between state and local
public agencies. The Department and County are
authorized in Section 252.35, F.S., and Section
252.60, F.S., to participate in such cooperative
relationships, and are further authorized in
Section 252.37, F.S., to accept services.
equipment, supplies, materials or funds for
emergency management. The Department may assign
the right(s) to accept such services, equipment.
supplies, materials, and funds to any appropriate
local governing body or agency. The purpose of
this Agreement is to define certain aspects of the
relationship between the Department and County.
B. The NRC regulations cited above are incorporated
in this Agreement by reference. All activities
which are the subject of the Agreement must be
consistent with those regulations.
II. PUBLIC EDUCATION AND INFORMATION PROGRAM
The County shall establish procedures for continuing a
public education and information program. Any or all
of the County's responsibilities for the preparation
and distribution of materials and for continuing the
program may be delegated or subcontracted.
III. PLANNING AND IMPLEMENTATION
The State of Florida's performance and obligation to
pay under this contract is contingent upon an annual
appropriation by the Legislature. The County shall
assure participation in the following radiological
emergency planning and preparedness activities only to
the extent that funds are made available under this
Agreement:
A. The maintenance of local radiological emergency
plans and implementing procedures;
B. That the requisite personnel complete required
radiological emergency training;
C. Participation as is required in exercises and the
evaluation thereof;
D. Continued and further radiological emergency
planning as required by the above regulations and
"Florida's Radiological Emergency Management Plan
for Nuclear Power Plants".
IV. FUNDING
A. The Department will provide funding to the County
to enable the County to qarry out its
responsibilities above and to comply with 10 CFR
Parts 50 and 70, NUREG 0654, and to carry out the
provisions of the plan mandated thereby. The
Department will furnish to the County copies of
the regulations and revisions as they are enacted.
B. The Department shall pay the County an amount not
to exceed $96,868.00 for the reimbursement of
costs incurred in the satisfactory performance of
duties hereunder. Such costs shall include travel
expenses which shall conform to the cost
provisions of Section 112.06, F.S., office
expenses, salary expenses, training and exercises
expenses, and other related program expenses as-
set forth in the Budget and Scope of Work attached
hereto and incorporated herein as Exhibit "A",
C. The County shall account to the Department by
submitting a quarterly financial report which
reflects the actual costs incurred by the County,
This accounting shall be submitted on forms
provided by the Department within forty-five (45)
days of the end of each quarter. A copy of the
County's applicable regulations, if any, governing
interest earned shall be forwarded to the
Department with the first quarterly financial
report. Unless such reports are received in a
timely manner, the Department will withhold funds
pending receipt of the report. The Department
reserves the right to withhold funds from the next
fiscal year's Agreement, ,if any, if the final
quarterly financial report or close-out report
under this Agreement is not received in a timely
manner. The quarterly financial report forms to be
used will be sent to the County upon execution of
this Agreement. In addition, the County will also
provide the Department with a list of all capital
equipment purchases during the prior quarter and
its purchase price.
D. The County shall submit a contract close-out
report on forms provided by the Department within
sixty (60) days of termination of this Agreement.
Any unexpended funds remaining at the termination
of this Agreement shall be due and payable to the
Department no later than thirty (30) days
thereafter.
E. Within forty-five (45) days of the execution of
this Agreement, the Department shall provide to
the County the first quarter payment in the amount
of $24,217.00. The Department shall, thereafter,
for the second, third, and final quarters, make
equal payments to the County within fifteen (15)
days of the beginning 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 ten percent
(101.) of the original amount of that category.
Over-expenditures of any budget category of more
than ten percent (101.) will not be allowed without
prior written approval. Without said prior
approval, the Department shall have no obligation
to honor reimbursement requests from the County
for items or services inconsistent with the
attached budget.
F. In the event that the Department and County are
unable to resolve differences regarding funding
for preparation, testing and implementation of
radiological emergency response activities, the
Secretary of the Department shall convene an
informal meeting to mediate the dispute. If
informal mediation fails, the affected parties
will be given the opportunity for a hearing
pursuant to Section 120.57, F.S.
V. TITLE TO EQUIPMENT
.
Any single capital equipment purchase in excess of
$500.00 other than specifically identified in this
Agreement or as specifically identified by the
Department, will require prior written approval of the
Department. 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.
VI. PAYMENT OF VOLUNTEERS
Certain of the Counties utilize service agencies during
scheduled exercises whose members desire compensation
for their time spent participating in such exercises.
Funds will be provided to the County equal to the
approved County rate to the extent that such
compensation is requested and justified in Exhibit "A".
VII.
INTEREST
Payment made under this Agreement shall be deposited
when received, by the County in a Qualified Public
Depository as defined in Section 280.02(3), F.S. in an
interest bearing account in accordance with applicable
county regulations, if any. A copy of such regulations
shall be forwarded to the Department with the first
quarterly financial report. All such interest earned
shall be returned to the Department within ninety (90)
days of the termination of this Agreement.
VIII.
AUDIT
A. The County shall, at any time during normal
business hours and with advance notification, make
available for examination to the Department 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
Department 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
within nine (9) months of the end of the
agreement.
B. The County agrees to retain all financial records.
supporting documents. statistical records and any
other documents pertinent to this Agreement for a
period of three years after the date of submission
of the final expenditure report, 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.
IX. TERMS OF AGREEMENT
A. This Agreement shall commence October 1, 1987 and
terminate September 30, 1988.
B. However, 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
unobligated funds shall be returned to the
Department and an audit performed in accordance
with the terms set forth above. ·
X. MODIFICATIONS
Any modifications to the Agreement shall be in writing.
signed by officials of both parties and attached to
the original Agreement.
XI. PUBLIC RECORDS
The County agrees 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 County in conjunction with this
Agreement. It is expressly understood that the
County's refusal to comply with this provision shall be
a breach of this Agreement.
By their signatures below, the following officials have
agreed to these terms and conditions.
FOR THE DEPARTMENT
FOR THE COUNTY
By:
(Type Name)
Jerry Hernandez, Jr.
(Type Name)
(Title)
Mayor
(Title)
(Date)
September 28, 1987
(Date)
(Attesting Signature)
(Attesting Signature)
(Type Name)
(Type Name)
, .
EXHIBIT A
RADIOLOGICAL EMERGENCY PREPAREDNESS
BUDGET AND SCOPE OF WORK
Monroe
COUNTY
Cost Item
Amount
Scope of Work
..
I. Salaries
& Fringe
Benefits
$54,205
Funds are provided to support
REP activities through the
provision of salaries and
fringe benefits as follows:
Civil Defense Director - 15%
Assistant C.D. Director - 15%
Administrative Assistant
for REP - 100%
Secretary - 10%
Communications Technician 11-
10%
Communications Helper - 10%
Manpower & Training
Coordinator - 25%
II. Contractual
Services
10,988
Funds are provided to support
such REP activities as: $1,728
for the maintenance of plans
and general administrative
support, including the lease
of copier services
($119/month), and the
continued provision of a water
standpipe and water at the Key
Largo V.F.D. ($300); $3,500 to
pay volunteers for attending
training at the rate of $12
per hour; $1,920 to pay
volunteers for participating
in exercises at the rate of
$12 per hour; $3,840 to
maintain required alert and
notification capability
through the lease of two
Omnifax machines.
1
Cost Item
Amount
Scope of Work
III. Communication
21,206
Funds are provided to support
REP communications
capabilities necessary for the
prompt response to .
emergencies, and for
exercices, including EOC
telephone lines ($18,256),
NAWAS charges for Ocean Reef
($2,400) and Plantation Key
($550).
IV. Travel
6,185
Funds are provided to support
travel related to the
administration and execution
of the REP agreement including
such activities as: $4,005 to
pay for travel to REP related
meetings, including one-third
share of gas and oil for Civil
Defense vehicles; $1,000 to
pay for staff attendance at
specialized training; and
$1,180 to pay for attendance
at the Turkey Point and St.
Lucie Exercises.
V. Supplies
2,450
Funds are provided for
supplies and expenses required
to support REP activities such
as: $1,700 for office
supplies, paper, copier
supplies, and postage, etc.;
$500 for training materials
and food; and $250 for food
for exercise participants.
VI. Capital Outlay
334
Funds are provided for one-
third the cost of a packet
radio control head and printer
for the Plantation Key EOC.
VII. Insurance
1,500
Funds are provided to pay a
pro-rata share of the general
county liability insurance, as
charged to all county grants.
TOTAL
$96,868
2