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HomeMy WebLinkAbout1999-239C1 0 Agreement Number: OOCP-3V-10-90-22-039 AGREEMENT BETWEEN TETE STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS AND INDIAN RIVER -COUNTY k (NAME OF COUNTY) This Agreement is entered into by and between the State of Florida, Department of Community Affairs, hereinafter referred to as the "Department" and Indian River County, hereinafter referred to as the "County." WITNESSETH: This Agreement is entered into based on the following facts: WHEREAS, the Department and the County recognize the significant threat that hazardous materials incidents pose to the residents and the environment of the State of Florida, and WHEREAS, safeguarding the lives and property of its residents is an innate responsibility of the governing body of each county in the state of Florida; and WHEREAS, the 1999 Legislature authorized funding to support county hazardous materials emergency planning through the Department. NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the Department and the County hereby agree as follows: ARTICLE I. SCOPE OF WORK A. The County shall furnish the necessary personnel, materials, services and facilities (except as otherwise provided herein) and shall ue all things necessary for or incident to the performance of work and services set forth in this Agreement and in the Scope of Work attached hereto and incorporated by this reference as Attachment 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 manner, satisfactory to the Department. 1 40 ARTICLE II. COMPENSATION AND FINANCIAL REPORTING REQUIREMENTS A. This is a fixed fee Agreement. The County shall be paid for the satisfactory delivery of the tasks set forth in the Scope of Work, Attachment A, which is incorporated herein by reference, in the amount not to exceed ($7:0,857), subject to any reduction or adjustment imposed on state appropriations pursuant to law. S. Upon execution of this Agreement, the County shall be compensated for tasks completed in accordance with the Scope of Work and schedule of Payments, which are i.corporated in this Agreement as Attachment A, except as provided herein. C. The payment of the percentages of the fixed fee amount will be made on a performance basis in accordance with the percentage of work tasks submitted, except that the final 25 percent will not be released until the final work product is completed, submitted, and determined to be acceptable by the Department. Fifty (50) percent of the hazards analyses shall be received by the Department not later than June 1, 2000 except that a later date may be agreed upon in writing by both parties to this Agreement. The final fifty (50) percent shall be received by the Department not later than August 1, 2000. Absent any extenuating circumstances, and except as otherwise provided in this Article, work submitted after August 1, 2000 will not be accepted, reviewed or compensated. The Department- will be the sole authority for determining extenuating circumstances and granting extensions to the work submission deadline. D. Each request for payment shall be initiated by the Department upon receipt of an acceptable Financial Invoice (Attachment C). The county shall submit an Attachment C, for payment that is commensurate with the percentage of hazards analyses submitted. The County shall submit an Attachment C, for the twenty-five (25) percent final payment, to the Department with required corrections to the hazards analyses within forty-five (45) days of the contract termination date. The Department will release the final payment only upon a determination that all hazards analyses are complete and acceptable, an approved copy of the hazards analyses has been sent to the applicable Local Emergency Planning Committee (LEPC) and notification has been made to all facilities that the hazards analvsis information is avaiiabie upon request. The county emergency management director, or an official designated in writing by the director, shall sign the Financial Invoice (Attachment C). No request will be processed until the Financial Invoice is correct and supported by the product which meets the requirements of Article IV. E. In the event that the county submits less than fifty (50) percent of the hazards analyses on June 1, 2000 or on August 1, 2000, then the payment due on each occasion shall be reduced by an amount commensurate with the number of omitted hazards analyses and the number of days late, if any. F. If the Department finds that the County is not in compliance with the terms of this Agreement, or is not in compliance with any other grant program administered by the Department, then without waiving its right to terminate this Agreement, the Department may, do 0 notice, withhold payment until the County is in compliance with and is performing satisfactorily under this Agreement or the applicable requirement of any other grant program administered by the Department. The notice will be sent by Certified Mail, with return receipt requested, to the designated contact person. Noncompliance under this section includes, but is not limited to, the County's failure to submit timely, accurate and complete products required under this Agreement. G. 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 procedures set forth in Article VI below. ARTICLE III. AUDITS AND RECORDS 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. S. To allow public access to all documents, papers, letters or other materials subject to the provisions of Chapter 1.19, Florida Statutes, 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. A!E'1'1CLE iv. REPORTING REQUIREMENTS AND MONITORING A. The Department shall be entitled at all times to be advised verbally or, if requested, in writing, of the status of the work being performed by the County. Upon request, a written status report will be provided within ten (10) days. Either party to the Agreement may request, and be granted upon reasonable notice, a conference for the presentation of reports or the resolution of problems. B. By December 31, 1999, the County shall submit to the Department the County's timeline or work schedule for the completion of the scope of work, along with a designated contact person, address, telephone number and one completed hazards analyses for review. The County shall also indicate the software program that will be used to generate the hazards analyses (i.e. CAMEO for Windows). The Department 40 reserves the right to approve, or disapprove, software to be used to generate hazards analyses. ARTICLE V. TERMS OF AGREEMENT A. This Agreement shall begin on the last date of signing and shall end on September 30, 2000. B. Either party may terminate this Agreement for cause upon such written notice as is reasonable under the circumstances, or may terminate this Agreement without cause by giving thirty (30) days notice to the other parry. Written notice shall be delivered by certified mail, return receipt requested, or in person with proof of.delivery. C. The Department may terminate the Agreement due to unavailability of funds with such notice by certified mail, return receipt requested, as is reasonable under the circumstances. D. The sole intent of this Agreement is to provide financial assistance to the counties to support the conduct of site-specific hazards analyses and hazardous materials emergency management activities. It is therefore required that all expenditures paid from this fund be directly related to hazardous materials preparedness, response, recovery or mitigation activities. Contract funds are not required to be expended within the contract period. Any payments received after termination of the Agreement shall be considered payments for work performed pursuant to the Agreement. ARTICLE VI. MODIFICATIONS Either party may request changes to this Agreement, including adjustments in the Scope of Work to be performed and time of performance. Such modifications may be proposed in writing by either party and become effective upon being reduced to writing executed by both parties. All requests for changes to this Agreement shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. 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, and agrees to provide the subcontractor with a copy of this Agreement and agrees to provide the Department with a copy of the subcontract. All subcontracts shall be subject to the approval of the Department B. The County agrees to include, unless prohibited by law, 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. 40 ARTICLE VIII. VENDOR PAYMENTS A. Pursuant to Chapter 215.422, Florida Statutes, the Department shall issue payments to vendors within forty (40) days after receipt of an acceptable invoice and receipt, inspection, and acceptance of goods and/or services provided in accordance with the terms and conditions of the Agreement. Failure to issue the warrant within forty (40) days shall result in the Department paying interest at the rate established pursuant to Section 55.03(1), Florida Statutes, on the unpaid balance. The interest penalty shall be paid within fifteen (15) days after• issuing the warrant. B. Vendors experiencing problems obtaining timely payment(s) from a state agency may receive assistance by calling the State Comptroller's Hotline at 1-600-848-3792. ARTICLE IX.. STANDARDS CONDITIONS The County agrees to be bound by the Standard Conditions set forth below: 1. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature and subject to any reduction of the appropriation in accordance with Chapter 216, Florida Statutes (F.S.). 2. Extension of an Agreement for contractual services shall be in writing for a period not to exceed six (6) months and shall be subject to the same terms and conditions set forth in the initial Agreement. There shall be only one extension of the Agreement, unless the failure to meet the criteria set forth in the Agreement for completion of the Agreement is due to events beyond the control of the contractor. 3. All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper pre -audit and post -audit thereof. 4. All bills for any travel expenses, if authorized by this Agreement, shall be submitted in accordance with Section 112.061, F.S. 5. The Department of Community Affairs reserves the right to unilaterally cancel this Agreement for refusal by the contractor 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 contractor in conjunction with the Agreement. 6. The County shall provide the Department with an annual financial audit which meets the requirements of Sections 11.45 and 216.349, F.S., and Chapter 10.550, Rules of the Auditor General. A copy of the County's annual financial audit should he foriaarded to: Department of Community Affairs Office of the Inspector General 2555 Shumard oak Boulevard The Sadowski Building C> Tallahassee, Florida 323992100 7. Pursuant to Section 215.397, F.S., the County agrees that no funds from this Agreement will be expended for the purpose of lobbying the Legislature or a state agency. B. The State of Florida will not intentionally award publicly - funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained 'In 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ("INA")]. The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Department. 9. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of Category Two for a period of 36 months from the date of being placed on the convicted vendor list. [The remainder of this page has been intentionally left blank.] C-1 ARTICLE X. 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. FOR THE COUNTY: INDIAN RIVER COUNTY Board of County Commissioners BY: Choriaed Co m y (ficial. Kenneth R. Machtk Chairman Name/Title September 21 1999_ Date 59-6GOD674 Federal Employer ID Number FOR THE DEPARTMENT: STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS BY. Aut or ze Departmen (ficial JOSEPH F. MYERS, DIRECTOR DIVISION OF DfERGENCY MANAGFMWr Name/Title 7 Date 40 ATTACHMENT A SCOPE OF WORK AND SCHEDULE OF PAYMENTS HAZARDOUS MATERIALS SITE-SPECIFIC HAZARDS ANALYSES PURPOSE Submission of completed hazards analyses that comply with the hazards analysis criteria outlined in this Attachment. The primary guidance document is the "Technical Guidance for Hazards Analysis." All hazards analyses shall be consistent with the provisions of this document. Any variation from the procedures outlined in this document. must be requested in writing by certified mail, return receipt requested and approved by the Department. I. DESCRIPTION OF WAR TASK 1: Coordination of Activities The following includes, but is not limited to, activities to be performed under this Agreement: A. Notification of the County's contact person, address, telephone number and software utilized to the Department by December 31, 1999, as outlined in Article IV. B. Submission of one completed hazards analysis by December 31, 1999 for review for consistency with the established planning criteria. C. Participation in a technical assistance training session provided by the Department is necessary to fulfill the Scope of Work. The Department reserves the right to waive this requirement. D. Submit a list of facilities in the County believed to have present Extremely Hazardous Substances (EHSs) as designated by the Environmental Protraction Agency tEPA) in qua nti.tie5 at or above the TPQ, but have not reported to the SERC and are not included on Attachment B. E. Notify response agencies within the County of the availability of hazards analyses information and make that information available upon request. F. Notify Section 302 facilities of the availability of hazards analysis information and make that information available upon request. TASK 2: Review and Update of Hazards Analyses A. Review and update hazards analyses for all facilities listed in Attachment B, which have reported to the State Emergency B Response Commission (SERC) that they have present those specific EHSs designated by the EPA in quantities at or above the Threshold Planning Quantity (TPQ). It is required that each Attachment B facility be contacted by written survey, telephone or on-site visit to ensure accuracy of hazards analysis. Each facility hazards analysis must include, but is not limited to, the following items: 1. Facility Information a. Facility name and address Provide both physical address (no Post office Box) and mailing address, if different. Identify any discrepancies regarding facility name and/or address compared to the Attachment B listing. b. Facility Identification SERC Code and geographic coordinates (latitude and longitude). C. Facility Emergency Coordinator Provide the name, title and telephone number (include 24-hour) of the designated facility coordinator. d. List of EHSs on site Provide by Chemical Abstract Services (CAS) number a list of all EHSs used, produced, or stored at the facility. e. Transportation Routes List the main routes used to transport chemicals to and from the facility. f. Evacuation RntltPR Based on wind direction, identify the route(s) to exit the Vulnerable Zone (V2). g. Historical Accident Record Describe any past releases or incidents that have occurred at the facility. Include date, time, chemical name, quantity and number of persons injured or killed (This information is available from the facility). 9 40 2. Hazard Identification a. Chemical identities Provide proper chemical name, CAS number and natural physical state of each EHS according to exhibit C of the Technical Guidance for Hazards Analysis. b. 'Maximum quantity on-site Express in exact pounds (not range codes) the maximum quantity of each EHS the facility would have on --site at any given time. C. Amount in largest container or interconnected vessels Express in pounds the amount of each EHS stored in the largest vessel or interconnected vessels_ d. Type and design of storage container or vessel Indicate the storage method of each EHS, i.e., drum, cylinder, tank, and their respective capacities This includes system types such as manifold versus . e. Nature of the hazard Describe the type of hazard most likely to accompany a spill or release of each EHS, i.e., fire, explosion. 3. Vulnerability Analysis a. Extent of the Vulnerable Zone Identify the estimated geographical area that may hp Assn—t- to ccnccntrations of an airborne EHS at levels that could cause irreversible acute health effects or death to human populations within the area following an accidental release. plot that geographical area on a map, indicating the Vulnerable Zone. b. Estimate Facility Population Provide an estimate of the number of employees at the facility. C. Critical Facilities List facilities and their populations within the VZ which are essential to emergency 10 C> response or house special needs populations, i.e., schools, public safety facilities, hospitals, etc., and their maximum expected occupancy. Individual critical facility populations and total populations within V2s shall be provided. d. Estimated Exposed Population Provide an estimate of the maximum possible population within the VZ that would be affected in a worst• case release. 4. Risk Analysis a. Probability of release Rate the probability of release as Low, Moderate., or High based on observations at the facility. Considerations should include history of previous incidents and current conditions and controls at the facility. b. Severity of consequences of human injury Rate the severity of consequences if an actual release were to occur. C. Severity of consequences of damage to property Describe the potential damage to the facility, nearby buildings and infrastructure if an actual release were to occur. d. Severity of consequences of environmental exposure Describe the potential damage to the surrounding environmentally sensitive areas, natural hih;rat _-ad ..ildlifc if an actual. release were to occur. e. Historical Accident Record B. identify and list those facilities in Attachment B for which a hazards analysis was not submitted. Supporting documentation must be provided with the list to account for the facilities for which a hazards analysis was not completed. In addition to the SERC Code Identification, supporting documentation should indicate: 1. Facility has closed or is no longer in business. 2. Facility is not physically located in the County (indicate appropriate county location, if known). 11 s 3. facility does not have EHSs on-site or EHSs are below TPQ. These facilities require: a. A Statement of determination from the facility representative for the previous reporting year; or b. A letter from the facility representative fully explaining why the EHSs are not now present at or above TPQ. TASK 3: OD -Site Visits A. Conduct a detailed on-site visit for a minimum of fifty (50) percent of the facilities listed in Attachment B, to confirm the accuracy and completeness of information in the hazards analysis (Task 2). Prioritize the facilities to be visited based upon the following criteria: 1. New facilities. 2. Facilities not visited during the previous contract ,year. Note: It is encouraged that each Attachment B facility receives an on-site visit. This will allow for the achievement of the 100 percent on-site visitation goal desired by the SERC. B. Submit a site plan map of the location of EHSs at the facility with sufficient detail to identify: 1. Location of major building(s) 2. Location of container(s) of EHSs 3. Location of major streets and entrance(s) 4. North arrow and scale, if determined, or not to scale C. Provide a list of the fifty (50) percent of facilities visited and the date of the on-site visit. TASK 4: Final Word: Product Submission of one (1) copy of completed hazards analyses for all facilities listed in Attachment B in a format acceptable to the Department for review and approval. Upon final approval of all analyses submitted, a complete and corrected second copy shall be sent to the Local Emergency 'Planning Committee. A copy of the transmittal letter shall be submitted to the Department. Documentation that all subject facilities have been notified of the availability of the hazards analyses information within the time frames provided in this Agreement. 12 40 • II. SCHEDULE qi PAYMENTS A. The first payment of twenty (20) percent of the fixed fee amount is payable upon receipt of items listed in Article W .B. of this Agreement, which are due on or before December 31, 1999. B. After the initial payment, the payment percentage will be made on a performance basis that is commensurable with the percentage of hazards analyses for facilities appearing on Attachment B submitted and approved as indicated on Attachment C, Financial Invoice. Fifty (50) percent of the hazards analyses shall be received by the Department not later than June 1, 2000 except that a later date may be agreed upon in writing by both parties to this Agreement. The final fifty (50) percent shall be received by the Department not later than August 1, 2000. Absent any extenuating circumstances, and except as otherwise provided in this Article, work submitted after August 1, 2000 will not be accepted, reviewed or compensated. C. Twenty-five (25) percent of the fixed fee amount will not be released until the final work product is completed and determined to be acceptable by the Department, a transmittal letter confirming that an approved copy of the hazards analyses has been sent to the LEPC, and documentation that all facilities for which a hazards analysis was conducted have been notified of the availability of the hazards analyses information. This should be completed no later than December 1, 2000. 13 40 ATTACHMENT 8 COUNTY FACILITY LISTING 14 40 N Fd - Q � N N W N PNF R4 N ny w � N N � M fel N fM1f f1 N N N N w N P O w w uu to v a � n 7 w wwi � G_ N a n b WO W Y WQ iQ WG O w w r K� n-) � l �� U C1 W tY t2 W O W y 6 m W �� O p Li N g p �1 d Q Y- 1.} WI � d a iS w N m N m L Q p O IXS W 2 d +C z. i i i � t- NNNJ d h h o Q A® � n fT Q a •-• 6 Q P q M tli w eWNn C> E p Q l-, m N Jm ati � N K M Iti M � Ml w m M 2 M Vo N J W u w � � 0 W IM1 W M N� W pp.. .- fV � N r Ifl ♦KI � M w M � M w. w K Ippla Y tp- O T- Kw y J J N U x~ O � ippR oµ�µClI N cW�Iu[ p�p Imo-- oOµCI bb a 4 � 6 W ti N � O O m j x I l V 4 d W ¢ L U } } a t9 O A W N to r r F� ' .'pion W W J u4 LL W aJi. A' F � lil u. ,W � P T W J r 0 2 4 W r � t9 in U U � W U lAl N U W ffl 41 � uj �+ � Ll 7 X � N Ls F W x Z; W m r j P� u. m N N N r C] O u P N iJ O O N 4m 0 0 o r ria n � o cM1'i o N J q�I 3 4 w r K� rc M a M K MN A' uMi 0.W' G• L? F Y N � M r u U J W LN W �y y ftp N N N pn pn w A J •p4. �- +Fl � •� s- KI F •4 ps� hx YOIi N iC � ePp W M X � M x Ifo M p. x N Y M uY U un M Hj w W YJc [u 4ti W-1 V fIF •+ N d.� — N N t,i N G N G N y p •-. .-. [Y n` Wm Lt iR V m N P1 m N} uWl � M �ryNfY N 0- 43 � D 0.^ 4 0. 7 ••-• r } Y r y 7 .-- Y .-• r- 3 Z d d 8 w r N 4 � w r m 9 Ona J i X 6 N u W Y- °' ul u a m to ci o a r x o x a I.. a u � a z � • � d � � w r •ao r- � � Faa > .No r � it M Y- M M M M M M :J M N N M W w 4 o U N U 4 U } o u 3 f U h rhe CJ p�p '+ w Yhis [i •}+ M P G ] Nrz 4 as W x lin m i m Yt�i m q O W O 4 O P 4 •g-• O O •�-• U — C9 2i Ci 6 ha• [a O p �6 �pp • O r" d G GO 7 a N S N i •GI � M! � T+ 4 YM1 � .- r} •�-• N T Itz� �rW�� Z8 4 q rn u P P N U O C> a o t- W Y iN 1[ 1lM1 C cgi O Lift b I+M^� �M.T Y S W u�i (fl PYM..1 N N u u Ll w w � N N N J -1 rJ+ Vll i 1C Y s 4 O x � K tiE sN J R a o w - l) W � V } Ll tw LL w W fA P- �- m N •- m 02 3 W oa .N - .'S r 4 a P G z J 2 v x i7 J o J m V 1 tali n. u�'! toil u�i -i vii v4 u�i P W1 a�. J U � y o M N V [] N U h O N a m G to as m at� W 10 µ 4 W ffi L W 9 .- U O N N Wy J •C uh � � M1� K l] O W r O � � � N J * W� G� O O Z 4 b � � 4 F � N W M � u! U B 6 x 4 m � m � _ Vy s ' N U m W ]e e5 .Opp. M "! W M M en It1 M 7 M 6 M d s S Q M MS Q y} ui f] W M1 0 0 [X 6pq lMM7 K X N CC m yyyy W pN. py fJ pp O A b N >••a G1 B O G c! B N - B Ell � § E \ \\§ , § � \ }\ \§ do ATTACHMENT C FINANCIAL INVOICE FOR HAZARDOUS MATERIALS HAZARDS ANALYSIS UPDATE COUNTY/AGENCY AGREEMENT COST CLASSIFICATIONS AMOUNT AMOUNT APPROVED REQUESTED BY THE BY THE COUNTY* DEPARTMENT 1. Contact and Timeline (20% Max.) $ $ 2. Hazards Analyses (27.5% Max.) (50% completed/submitted) $ 3. Hazards Analyses (27.5% Max.) (50% completed/submitted) $ $ 4. Final Work Product completed S $ (25% Max) TOTAL AMOUNT $ $ (To be completed by the Department) I certify that to the best of my knowledge and belief the billed costs are in accordance with the terms of the Agreement. Signature of Authorized Official/Title Date TOTAL AMOUNT TO BE PAID AS OF THIS INVOICE $ (AUTHORIZED I(To be completed by the Department) 'Request amount should reflect current payment only. 15