Resolution 467-1988
Civil Defense
0 0\
D; c;:?
C:' N
C', a:
lJ.
(: co
Q N
C ~
u..
c:::
w ~
~
L&.. .
RESOLUTION NO. 467 -1988
k RESOLUTION OF THE BOARD OF COUNTY COMMIS-
SJONERS OF MONROE COUNTY, FLORIDA, AUTHORIZ-
ING THE MAYOR/CHAIRMAN OF THE BOARD TO
'-EXECUTE AN AGREEMENT BY AND BETWEEN MONROE
.: ~UNTY AND THE DEPARTMENT OF COMMUNITY
u A~AIRS CONCERNING RADIOLOGICAL EMERGENCY
PREPAREDNESS.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, that the Mayor/Chairman of the Board is
..
hereby authorized to execute an Agreement by and between Monroe
County and the State of Florida Department of Community Affairs,
a copy of same being attached hereto, concerning radiological
emergency preparedness.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the 20th day of September, A.D. 1988.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By g~->.~
May airman
(Seal)
Attest: DANNY L. KOLHAGE, Clerk
APPROVED AS TO FORt:1
ANf)LEGAL SUF~~CIENCY.
BY
,;,.e
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 Parts 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 exists a possibility of duplication of
effort in meeting those responsibilities by the
Department 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. The Department and County are
authorized in Section 252.35 and 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 to accept such services.
equipment. supplieg, 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
be responsible for 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;
1
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 carry out its
responsibilities above, and to comply with 10 CFR
Parts 50 and 70, and NUREG 0654, and to carry out
the provisions of the plan mandated thereby. The
Department shall 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 $100,759.00 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 112.061, F.S., office
expenses, salary expenses, training and exercise
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 co~ts 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 ~r 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 list
any capital equipment purchases and its purchase
price made during the quarter on the quarterly
financial report.
D. The County shall submit a contract close-out
report on forms provided by the Department with~n
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 $25,189.75. 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
(10%) of the original amount of that category.
2
Over-expenditures of any budget category of more
than ten percent (10%) shall not be allowed
without prior written approval in the absence of
which 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. No payment shall be made by the County for
the purchase of capital equipment items prior to
January 1, 1989. 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".
VI I. 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(12), F.S. in an
interest bearing account in accordance with applicable
county regulations, if any. A copy of such regulati9ns
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
supporting documentation for all matters
covered by this Agreement. The County shall
provide an annual audited financial statement
within thirteen (13) months of the end of the
agreement.
3
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, 1988 and
shall terminate September 30, 1989 unless sooner
terminated in accordance with Paragraph B.
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
unobligated funds shall be returned to the
Department, and an audit shall be performed in
accordance with the terms set forth above.
X. MODIFICATIONS
Any modifications to this Agreement shall be in writing
and signed by both parties.
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:
By:
,.c
Gordon L. Guthrie
(Type Name)
"
(Type Name)
Director
(Title)
(Title)
(Date)
(Date)
(Attesting Signature)
(Attesting Signature)
Patricia Smith
(Type Name)
(Type Name)
4
'H'
EXHIBIT A
RADIOLOGICAL EMERGENCY PREPAREDNESS
BUDGET AND SCOPE OF WORK
Monroe
COUNTY
Cost Item
Scope of Work
Amount
I. Salaries
& Fringe
Benefits
II. Contractual
Services
$54,885
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 - 30%
Administrative Assistant
for REP - 100%
Secretary - 10%
Communications Technician 10%
Communications Assistant - 10%
10,124
Funds are provided -to support.
such REP activities as: $1,428
for the maintenance of plans
and general administrative
support, including the lease
of copier services
($119/month), the continuation
of a wat~r standpipe and water
at the Key Largo V.F.D.
($350); $3,456 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; $2,970 to
maintain required alert and
notification capability
through the lease of two
Omnifax machines at Plantation
Key and Key West.
1
Cost Item
Amount
Scope of Work
III. Communication
25,000
Funds are provided to support
REP communications
capabilities necessary for the
prompt response to
emergencies, and for
exercices, including EOC
telephone lines NAWAS charges
for Ocean Reef and Plantation
Key.
IV. Travel
6,300
Funds are provided to support
travel related to the
administration and execution
of the REP agreement including
such activities as: Training
for REP staff and key
emergency response personnel
($1499), staff travel to Miami
for meetings ($2298), staff
travel to Tallahassee for
meetings ($1499), and one-
third share of gas and oil for
county Civil Defense vehicles
($1004).
V. Supplies
2,450
Funds are provided for
supplies and expenses required
to support REP activities such
as: $800 for office supplies,
paper, copier supplies, and
postage, etc.; $700 for
training materials: $250 for
food for exercise
participants: and $700 for
miscellaneous supplies.
VI. Insurance
2,000
Funds are provided to pay a
pro-rata share of the general
county liability insurance, as
charged to all county grants.
TOTAL
$100,759
~
~
2