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Fr - BOOK f'dGE 1 MODIFICATION OF FY -92 RADIOLOGICAL EMERGENCY PREPAREDNESS AGREEMENT (FP&L GRANT) The Board reviewed the following memo dated 12/3/91: TO: James Chandler County Administrator THROUGH: Doug Wright, Director Department of Emergency Services John Ring, Deputy Director Department of Emergency Services DATE: December 3, 1991 SUBJECT: MODIFICATION OF THE FY -92 RADIOLOGICAL EMERGENCY PREPAREDNESS AGREEMENT (FP&L GRANT) It is respectfully requested that the information contained herein be given formal consideration by the Board of County Commissioners at the next scheduled meeting. . __ DESCRIPTION AND CONDITIONS: In June 1991, staff from the IRC Department of Emergency Services negotiated the FY -92 Radiological Emergency Preparedness (REP) .0tr- Agreement with representatives from Florida Power and Light-(FP&L) and the Florida Department of Community Affairs (DCA). In August 1991, the one year performance based grant was submitted by staff to the Board of County Commissioners for consideration. The Board approved the agreement between -the DCA and Indian River County and authorized the Chairman to execute the agreement. The Department of Emergency Services did not receive a return copy of the agreement countersigned by the Director of the Florida Division of Emergency Management in a timely manner. Further investigation revealed that the DCA was debating an administrative fee requested by the State Comptroller's office. �j ALTERNATIVES AND ANALYSIS: The 1990, the Legislature approved a 7% service charge for the state's general revenue fund for administering trust funds. The possibility of the administrative fee affecting our grant was discussed at the negotiations, but DCA staff believed the REP funds would remain exempt. The State Comptroller's Office had a different opinion and determined the funding mechanism used by FP&L to fund the counties to be a trust fund. Therefore, Indian River County would have been subject to receive $4,200 less than agreed to in the grant negotiations given the 7% service charge deduction. Legal staff from the DCA communicated with the Comptroller's Office and both parties agreed that Florida Statute Chapter 252 and Florida Administrative Rule 9G-12 did not prohibit FP&L from directly funding Indian River County. As a result, a modification to the original agreement is enclosed for consideration by the Board to accept funding directly from the utility company. The Florida Radiological Emergency Preparedness program will continue to be administered by the Florida Division of Emergency Management. The State retains the authority to monitor all performance records and audit any fiscal expenditures related to the grant. It is the purpose of the enclosed modification to simply circumvent a 7% reduction in the amount of funding Indian River County is to received by accepting the monies directly from FP&L. 0