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Resolution 586-1988 Steve Travis Director, Fire/Rescue RESOLUTION NO. 586 -1988 A RESOLUTION OF THE BOARD OF COUNTY COMMIS- SIONERS OF MONROE COUNTY, FLORIDA, AUTHORIZ- ING THE MAYOR/CHAIRMAN OF THE BOARD TO EXECUTE AN AGREEMENT BY AND BETWEEN THE STATE OF FLORIDA, DEPARTMENT OF COMMUNITY AFFAIRS, AND MONROE COUNTY CONCERNING THE DEVELOPMENT OF THE HAZARDOUS MATERIALS (TITLE III) PLAN. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, as follows: 1. That the Mayor/Chairman of the Board is hereby au- thorized to execute an Agreement by and between the State of Florida, Department of Community Affairs, and Monroe County, a copy of same being attached hereto, concerning the development of the Hazardous Materials (Title III) Plan. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 1st day of November, A.D. 1988. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY, g~.t (SEAL) Attest: DANNY L. KOLHAGE, Clerk -Il.L..~~ .~L'. E K r './' J 'J' :' (J(!NOW ,,;','n I ~' .....; AP~~1~,.~RM ANi't:~~ BY ) I Attorney's OHice va: L L\1 v- ADN 00. UOt... ..J~~.. .,<, ",1 11 :l AGREEMENT This Agreement is entered into by and between the State. of Florida, Department of Community Affairs, hereinafter referred to as the "Department" and Monroe County hereinafter referred to as the "County." WITNESSETH: This Agreement is entered into based on the following facts: WHEREAS, the Department and the Counties have responsibilities for Hazardous Materials planning under the Federal Emergency Planning and Community Right-to-Know Act of 1986, Title III of the Superfund Amendments and Reauthorization Act of 1986, SSe 300 through 329 of Pub. L. No. 99-499, 42 U.S.C. s. 11001, et seg., and federal regulations adopted thereunder; and WHEREAS, the 1988-89 Legislature provided funding to support the county planning through the Florida Hazardous Materials Emergency Response and Community Right-to-Know Act of 1988, Ch. 88-200, Laws of Florida. NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the Department and the County hereby agree as follows: Article I. Scooe of Work A. 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 performance of work and services set forth in this Agreement and "W. i. ,J", in the Scope of Work attached hereto and incorporated by this reference as Exhibit A. B. The County shall perform and render such work as an independent contractor and not as an agent, representative or employee of the Department. Such work shall be performed in a proper and satisfactory manner. Article II. Compensation and Financial Reoortinq Requirements A. This is a fixed fee agreement for up to $7,626 set forth in the Schedule of Deliverables and Payment attached as hereto and incorporated by this reference as Exhibit B. B. The Department's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. Provision of funding under this Agreement shall not be construed as a guarantee of future or subsequent funding under this or any other program administered by the Department. C. The Department shall immediately notify the County by certified mail, return receipt requested, if any reduction or adjustment is imposed upon State appropriations that will affect the funding of this Agreement. Parties shall then revise the Agreement accordingly using the procedure set forth in Article VI below. D. Travel expenses, if any, are to be paid in accordance with Section 112.061, F.S. :'~;'''~~~''''''':r '.'~' Article III. Audits and RecordkeeDinq The County agrees: A. To maintain books, records and documents in accordance with generally accepted accounting procedures and practices which sufficiently and properly reflect all expenditures of funds provided under this Agreement. Such books, records and documents shall be subject to inspection, review or audit by State personnel and other personnel duly authorized by the Department at reasonable times upon reasonable notice to the project manager. B. 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 grounds for unilateral termination of this Agreement by the Department. C. 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 termination date of this Agreement 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. Article IV. P~ogram Performance Reportinq Requirements and Monitoring A. The Department shall be entitled at all times to be advised verbally or, if requested, ~n writing of the status of the work being performed by the County. Either party to this Agreement may request, and be granted upon reasonable notice, a ,.,. .. "~-.:1.-'1 ,'~::..- conference for the presentation of reports or the resolution of problems. B. The County shall submit program performance reports on the schedule set forth in Exhibit B. The program performance reports shall briefly highlight significant accomplishments and activities for the work in Exhibit A and indicate any problems or concerns. Article V. Term of this Agreement This Agreement shall begin on the last date of signing and shall end on June 30, 1989. Article VI. Modification MOdifications to this Agreement, including requests for extension of deadlines, may be proposed in writing by either party and shall become effective upon written approval of both parties. Article VII. Subcontracts A. If the County subcontracts any of the work required under this Agreement, the County agrees to include in the subcontract that the subcontractor is bound by the terms and conditions of this Agreement with the Department. B. The County agrees to include in the subcontract that the subcontractor shall hold the County and the Department harmless against all claims of whatever nature by the subcontractor arising out of the performance of work under the subcontract. ~. J. Article VIII. Terms and Conditions This Agreement and its referenced attachments constitute all the terms and conditions agreed upon by the parties. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date written below. COUNTY DEPARTMENT OF COMMUNITY AFFAIRS g~'~1 .k- Title /:n-~ Date Title Date Federal ID Number 03-00021-03-54 'P~ ! ..~.,....~.. r~tF= ~. L~f;-- ~.......\.. 'S. .. ....-..:_.......,~_.. , }X~".'" ATTACHMENT A SCOPE OF WORK FOR TITLE III HAZARDOUS MATERIALS PLANNING ASSISTANCE STUDY PURPOSE Development of a Hazardous Materials Contingency Plan that will comply with the requirements of the "Emergency Planning and Community Right-To-Know Act," passed by Congress as Title III of the Superfund Amendments and Reauthorization Act of 1986, and the "Florida Hazardous Materials Emergency Response and Community Right-To-Know Act of 1988." The primary guidance documents are the Demonstration Plan developed by the State Emergency Response Commission for Hazardous Materials, "Hazardous Materials Emergency Planning Guide" (NRT-l), and "Technical Guidance for Hazards Analysis." All plan development shall be consistent with the provisions of these documents. DESCRIPTION OF WORK Activities to be carried out at a minimum are as follows: TASK 1: Plan DeveloDment (1) Identification of facilities within the county that are subject to the requirements of Section 302 of Title III. (2) A Hazards and Vulnerability Analyses of the chemicals covered under Section 302 of Title III, consistent with Section 303 of Title III and with the provisions of NRT-l and "Technical Guidance for Hazards Analysis." (3) A risk analysis of the chemicals covered under Section 302 of Title III, consistent with Section 303 of Title III and with the provisions of NRT-l and "Technical Guidance for Hazards Analysis." (4) Identification of transportation routes used for the transport and movement of the substances referenced in Section 302(a) of Title III. (5) Identification of facilities contributing to additional risks due to their proximity to facilities subject to the requirements of Section 302 of Title III. .." '<I 7"" r . . (6) Methods and procedures to be followed by facility owners or operators and local emergency and medical personnel to respond to a release of an extremely hazardous substance, including the identification of a community emergency coordinator who will assist in the implementation of the plan. (7) Development of methods for determining the occurrence of a release and the area or population likely to be affected by such release. (8) Establishment of a process for the timely and effective notification to the pUblic by the persons designated in the plan that a release has occurred. (9) Development of evacuation plans for the protection of the potentially affected population which: - establish primary evacuation routes - establish alternate evacuation routes - identify known impediments to the efficient evacuation of the potentially affected population. (10) Describe emergency equipment at each facility in the community subject to the planning requirements of Title III and identify the persons responsible for such equipment and facility. (11) Identify training programs for local emergency response and medical personnel. (12) Determine methods and schedules for exercising the emergency response plan on a regular basis in compliance with Section 303 of Title III. TASK 2: Coordination of Activities The county shall closely coordinate its work efforts with the District ___ Local Emergency Planning Committee and the Florida Department of Community Affairs/Division of Emergency Management. Technical assistance in plan development will be provided by the State Emergency Response Commission for Hazardous Mat~rials through the District ___ Local Emergency Planning Committee and staff of the Department of Community Affairs. 1''''.-'' , TASK 3: Final Work Product A county Hazardous Materials Comprehensive Emergency Management Plan consistent with: - the requirements of the Emergency Planning and Community Right-To-Know Act, passed by Congress as Title III of the Superfund Amendments and Reauthorization Act of 1986; - the Florida Hazardous Materials Emergency Response and Community Right-To-Know Act of 1988; - the Demonstration Plan developed by the State Emergency Response Commission for Hazardous Materials; and - the "Hazardous Materials Emergency Planning Guide" (NRT-1) document and "Technical Guidance for Hazards Analysis." TASK 4: Other Activities The following includes, but is nnot limited to, activities to be performed under this agreement: - Notify the Department of Community Affairs and Local Emergency Planning Committees of county's primary contact person (address and telephone number) who will be responsible for the management and development of the plan. - Participate in training sessions provided by the Department of Community Affairs, Local Emergency Planning Committees, Regional Planning Councils or other related organizations as necessary in order to fulfill the Scope of Work. - Attend Local Emergency Planning Committee meetings as requested. - Submit monthly program performance reports as outlined in Article IV B. 'S. ;.. ." ~~-:."'. ~.__.t:':..::......... '. .. ',. II, Aoo'" EXHIBIT B SCHEDULE OF DELIVERABLES AND PAYMENT A. Interim PaYment #1 50% SUbmission of a timeline or work schedule for development of plan; including county plan contact person, address, telephone number B. Interim PaYment #2 30% SUbmission of plan to the Local Emergency Planning Committee by March 1, 1989 C. Final PaYment 20% Approval of Final Plan by the State Emergency Response Commission l11 "'"