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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.
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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
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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
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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.
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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
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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.]
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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
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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).
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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
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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).
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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.
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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.
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ATTACHMENT 8
COUNTY FACILITY LISTING
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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