10-16-17 Regular Meeting - Laserfiche WebLink

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v. using approved procedures and facilities as agreed upon by Duke Energy, the County and other involved official agencies to gather and share information and conduct news conferences and briefings in a coordinated manner. In addition to the foregoing, the County shall provide the assistance, if any, more specifically described on Exhibit A attached hereto. The County agrees that any resources or equipment expected to provide assistance will be maintained in a state of readiness suitable to support an emergency at the Nuclear Plant. If any such resources or equipment are damaged or destroyed in the course of the County providing offsite assistance during an emergency at the Nuclear Plant, Duke Energy agrees to repair or replace such resources or equipment 2. Compensation. In consideration of the assistance to be provided by the County pursuant to this MOU, Duke Energy agrees to make an annual payment of $75,000 to the County each year that this MOU remains in effect. Subject to receipt by Duke Energy of an invoice from the County, each annual payment shall be made by Duke Energy to the County during the month of January. The Parties acknowledge and agree that the foregoing compensation covers on-going, routine costs that are associated with the County's provision of offsite assistance and does not cover expenditures for the procurement of capital items (each, a "Capital Procurement"). In the event that the County believes a Capital Procurement needs to be made and such Capital Procurement should be paid for by Duke Energy, the County shall provide written notice of such fact, which shall include a description of, and justification for, such Capital Procurement, as well as the estimated cost of such Capital Procurement. If the Duke Energy agrees with the County, Duke Energy shall, at its election, (i) make the Capital Procurement for the County or (ii) have the County make the Capital Procurement and reimburse the County for the actual and documented expenses incurred by the County with respect to such Capital Procurement. If Duke Energy does not agree with the County, the Parties shall use commercially reasonable efforts to resolve the matter; provided, however, that, if the Parties are unable to resolve the matter despite the use of commercially reasonable efforts, such failure shall in no way be construed to terminate the County's obligation to provide offsite assistance as provided for in this MOU. All compensation paid by Duke Energy to the County pursuant hereto shall be distributed to the County for the sole use of the Emergency Management Division which shall provide the assistance and directly support the County's Radiological Emergency Response Plan. Notwithstanding the foregoing, the Parties acknowledge and agree that the assistance may serve to support other public safety activities of the County, and that public safety-related work done by the County independent of this MOU may likewise serve to support the emergency response program of Duke Energy, but the compensation paid by Duke Energy pursuant to this Section 2 shall be in addition to, and not in substitution of, existing County expenditures for emergency management purposes. The Parties acknowledge and agree that the compensation paid by Duke Energy to the County under this MOU is intended to be, and shall be, used during the year for which it was paid. In the event that any compensation is remaining at the end of any year, the County shall, prior to submitting an invoice for compensation payable during the immediately following year, provide