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
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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
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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.
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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
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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.
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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
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Title /:n-~
Date
Title
Date
Federal ID Number
03-00021-03-54
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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.
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(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.
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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.
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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
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