Resolution 268A-1981RESOLUTIO,O NO.268A'-:'1981
RESOLUTION AUTHORIZING THE:CHAIRMAN OF THE.BOARD
OF THE COUNTY COMMISSIONERS OF MONROE COUNTY.,
FLORIDA., TO EXECUTE AN AGREETMENT.BY AND BETWEEN
STATE -OF FLORIDA..DEPARTMENT OF VETERAN AND COMr
MUNITY AFFAIRS-,- AND- MONROE COUNTY,'
BE IT RESOLVED BY-THE•BOARD --OF COUNTY COMMISSIONER-S'PF-MONROE
COUNTY, FLORIDA as follows.:
That.the. Chairman of the board o f.. Co-unty .Commissioners of
Monroe County, Florida, 'is.her6by'-authorized to execute an Agreement ---
by and between the Stat6 of Florida, Department o'f,Veteran and
Community Affairs,, and Monroe -.County, a"copy of same being attached
hereto.
Passed and ad'opted'by the'Board of County: Commissioners. of'
Monroe County, Florida, at a.regular meeting held on the 22nd day
of Septemb'er,'A.D. 1981.
,. STATE ORIDA
o
DEPARTMENT OF VETERAN
o
AND COMMUNITY AFFAIRS
DIVISION OF PUBLIC SAFETY PLANNING AND ASSISTANCE
BOB GRAHAM
Governor
JOAN M. HEGGEN
Secretary
September 8, 1981
Mr. Kermit Lewis
County Administrator
Monroe County
Public Service Building, Wing 2
Stock Island
Key West, Florida 33040
Dear Mr. Lewis:
BOB WILKERSON
Director
This is to request time on the agenda of the County
Commission meeting on September 22, 1981, to discuss a proposed
Agreement between the State of Florida, Department of Veteran
and Community Affairs, and Monroe County.
This Agreement refers to the Alert and Notification System
which is being established in the vicinity of the Turkey Point
Nuclear Power Plant. The Agreement defines certain aspects of
the relationship between the Department and the County, and
provides for terms and conditions for the County's acceptance of
equipment and funds from the Department (a copy of the proposed
Agreement is attached.)
If you have any questions or if we can be of further
assistance, please contact me at (904)488-1900.
Sincerely,
Robert A. Hawfield, Jr.
Chief
RAH:JL/brb
Attachment
BUREAU OF DISASTER PREPAREDNESS
1720 SOUTH GADSDEN STREET TALLAHASSEE, FLORIDA 32301 (904) 488-1900 -6
AGREEMENT BETWEEN
THE STATE OF FGORIDA
DEPARTMENT OF VETERAN AND COMMUNITY AFFAIRS
AND
THE COUNTY OF
This Agreement is entered this day of ,
1981 between the State of Florida, Department of Veteran and
Community Affairs (hereinafter called "Department") and the
county of (hereinafter called "County").
Purpose
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 (August 1980) and NUREG 0654,
FEMA-REP-1, Radiological Emergency Response Plans and
Preparedness in Support of Nuclear Power Plants." There exists a
possibility of duplication of effort in meeting those respon-
sibilities, which effort would be expended by the Florida Power
and Light Company (hereinafter called the "Company") and various
state and local governmental agencies, including the County and
the Department. The resultant increased financial burden on tax-
payers and consumers can be avoided by the development of a
cooperative relationship among private enterprise and state and
local public agencies. The Department is authorized in 252.35,
F.S., to participate in such cooperative relationships, and its
further authorized in 252.35, F.S., to accept services,
equipment, supplies, materials, or funds for civil defense and
emergency preparedness. 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 the County and to provide
for terms and conditions for the County's acceptance of equipment
and funds from the Department.
The NRC regulations cited above are incorporated in this
Agreement by reference. All activities which are the subject of
this Agreement must be consistent with those regulations.
This Agreement is consistent with the Agreement dated June
24, 1981, between the Department and the Company.
I. ALERT AND NOTIFICATION SYSTEM:
A. The Florida Power and Light Company will establish
an "Alert and Notification System" (hereinafter referred to as
"the System") in the vicinity of the Company's nuclear power
plants. The System will consist of sirens and their attendant
hardware.
B. When the System is in place and operational, the
Company will transfer title to the System to the Department,
along with such easements or rights of way to the real property
on which the System is located, as will permit access by the
Department and any of its assigns.
C. The Department hereby transfers title of such part of
the System as is located in the County, 'of
sirens to County, along with associated .
access easements and rights of way to the real property on which
the sirens are located. Upon this transfer, the County shall
assume full responsibility for the continued operation,
maintenance, and testing of the sirens and their attendant
hardware.
In consideration of this transfer of the System from the
Department to the County, together with easements and rights of
way, within the limits provided by F.S.A. 768.28, the County
agrees to and will release, indemnify and hold free and unharmed
the Company and the Department, its subsidiaries, officers,
directors, agents, and employees, from and against any and all
claims and liabilities whatsoever, resulting from or in connec-
tion with the operation, maintenance, and testing of the System,
and specifically the use of the easement and the rights of way to
gain access thereto.
II. FUNDING:
For the County's assumption of the System, the Department
will provide the County $200.00 per siren, per year, payable
quarterly upon the Department's receipt of billing through a
standard invoice. The $200.00 per siren is to cover initial
transfer and the first year's maintenance and testing.
Thereafter, the annual rate will be renegotiated.
III. TERMS OF AGREEMENT:
This Agreement will commence upon execution by the
authorized officials of each party and shall expire June 30,
1982.
In addition, either party may terminate this Agreement in
whole or in part with or without cause, by providing 90 days
notice in writing to the other party.
IV. REVERSION OF PROPERTY AND FUNDS:
Upon expiration of this Agreement or upon advance ter-
mination as provided above, the System shall revert back to the
Department and the County's responsibilities for maintenance,
operation and testing shall cease. All easements or rights of
way to the real property which were granted to the County to pro-
vide access to the equipment shall also revert back to the Department.
V. MODIFICATIONS AND INTENT TO RENEW:
Any modifications to this Agreement shall be in writing and
signed by officials of both parties.
It is the intent of the parties that the relationship and
responsibilities described herein shall continue on a year to
year basis so long as the NRC provisions remain in effect.
Because of uncertainty as to funding for the Department and
inexperience with costs,for such services_, this initial Agreement
is for the first year and for the described program only. If
renegotiated and extended, the Agreement will reflect actual
expenses and will take into consideration reduced administrative
costs as well as any increased costs for operation and maintenance.
VI. PARTY REPRESENTATIVE DESIGNATED:
For the purpose of correspondence and other communications
relating to this Agreement, the parties designate the following
individuals as their respective representatives:
FOR THE DEPARTMENT
(Name)
(Address)
FOR THE COUNTY
Name)
(Address)
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By their signatures below, the following officials have agreed to
these terms and conditions.
By:
(Signature)
(Title)
By:
(Signature)
ATTEST: ATTEST:
(Title)