1OFFICE OF THE CITY MANAGER
THE CITY OF PLEASANT LIVING MEMORANDUM
To: The Honorable Mayor & Members of the City Commission
FROM: Steven Alexander, City Manager
Agenda Item No.:L DATE: September 18, 2017
SUBJECT:
A resolution relating to an Interlocal agreement with Miami Dade County facilitating FEMA
approved transportation monitoring processes and disposal of hurricane debris.
BACKGROUND:
FEMA has very specific requirements for the transportation monitoring processes and disposal
of hurricane debris, which if not properly followed can result in a reduced reimbursement of
disposal costs by the local government. It is Miami Dade County's estimation that typically
FEMA reimburses for some 75 to 90 percent of the actual cost of disposal, leaving the
remainder to be funded by the local government. 'Any flaw in the process can result in a partial
denial of reimbursement' according to one County official.
ANALYSIS:
Miami Dade County is FEMA compliant, which means they have been approved by FEMA
regarding their practices relating to disposal of disaster debris. Miami Dade County began
certifying this past weekend and anticipated starting the monitoring, hauling and disposing of
Hurricane Irma debris today. 10 municipalities will be using the same process as UMSA,
however, we have gotten assurances that the City of South Miami will have its own team and
measured and certified trucks assigned to us for continuity and hopefully expedient processes.
We and the County anticipate the debris removal process to last some 60 days as that is the
time it took to clear the waste from Hurricane Wilma in the record-breaking 2005 Atlantic
hurricane season, which included three of the top ten most intense Atlantic hurricanes ever
(along with Rita and Katrina). Wilma was the second-most destructive hurricane of the 2005
season.
RECOMMENDATION:
The proposed resolution authorizes the execution of an Interlocal agreement with the County
that secures proper procedural details and practices to be executed on behalf of the City,
thereby insuring the best possible reimbursement practices.
ATTACHMENTS:
• Draft Resolution
• Draft Interlocal Agreement
1 RESOLUTION NO. ~~~~~~~~=
2
3 A Resolution establishing emergency procurement procedure for Hurricane
4 Irma for debris removal, including authorization for the City Manager to
5 enter into a Memorandum of Understanding with Miami-Dade County for
6 debris removal, staging and reduction, long-range hauling, and monitoring.
7
8 •
9 WHEREAS, FEMA has very specific requirements for the transportation
10 monitoring processes and disposal of hurricane debris, which if not properly followed can
11 result in a reduced reimbursement of disposal costs by the local government; and .
12
13 WHEREAS, a wide variety of permits, licenses, atid certificates may be required
14 to perform debris management work, depending on the assignment; and
15
16 WHEREAS, Miami-Dade County ("the County") has solicited pre-qualified
17 vendors and consultants for monitoring and processing the necessary documentation and
18 obtained competitively solicited bids for debris removal, staging and reduction, and long-
19 range hauling; and
20
21 WHEREAS, Miami-Dade County ("the County") has offered to help the City
22 with debris removal, staging and reduction, long-range hauling, and monitoring and the
23 County will work closely with the City and local agencies and regulators to clarify and
24 resolve any compliance issues, as well as to determine requirements for and to obtain
25 necessary permits, licenses and certificates, if requested. In these cases, the County's
26 consultants will identify the requirements and demonstrate compliance, even though
27 permits are not required. Some of the permits that we anticipate being required for this
28 type of work include, but may not be limited to the following:
29
30 0 Environmental Permits -asbestos/lead paint abatement, construction permit,
31 demolition permits;
32 0 Clean Water Act (NPDES) Permits -emergency discharge permit, indirect discharge
33 permit, wetlands disturbance permit, and storm water management permit;
34 0 Clean Air Act (Emissions) Permits -bum permit (air curtain incinerators), stack
35 monitoring permit, fugitive emissions (dust) control permit;
36 0 TDSRS and Final Disposal permits or authorizations from FDEP and the County
37 DERM if appropriate; and
38
39 WHEREAS, Miami-Dade County is FEMA compliant, which means they have been
40 approved by FEMA regarding their practices relating to disposal of disaster debris.
41
42 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
43 COMMISSION OF THE CITY OF SOUTH. MIAMI, FLORIDA:
44
45 Section 1. The City Manager is authorized to enter into a Memorandum of
1 Understanding ("MOU") with Miami-Dade County for debris removal, staging and
2 reduction, long-range hauling, and monitoring, pursuant to Chapter 14 and specifically
3 Section 14-5. This resolution, authorizing the MOU, establishes an emergency
4 procurement procedure that is limited to the clean up from Hurricane Irma.
5
6 Section 2. If any section, clause, sentence, or phra.se of this resolution is for any
7 reason held invalid or unconstitutional by a court of competent jurisdiction, the holding
8 shall not affect the validity of the remaining portions of this resolution.
9
10
11
12
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14
15
16
17
18
Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this __ t_h day of _____ , 2017.
ATTEST: APPROVED:
CITY CLERK MAYOR
19 READ AND APPROVED AS TO FORM, COMMISSION VOTE
20 LANGUAGE, LEGALITY, Mayor Stoddard:
21 AND EXECUTION THEREOF: Vice Mayor Welsh:
22 Commissioner Edmond:
23 Commissioner Harris:
24 Commissioner Liebman:
25 CITY ATTORNEY
26
27
28
29
MEMORANDUM OF UNDERSTANDING ("MOU") BETWEEN MIAMI-DADE COUNTY,
FLORIDA AND REGARDING DEBRIS REMOVAL, STAGING &
REDUCTION, LONG-RANGE HAULING, AND MONITORING
This Memorandum of Understanding is entered on this day of September, 2017,
by and between Miami-Dade County, Florida (the County) and the City of ____ _
Florida (the City).
RECITALS
WHEREAS, the County's disaster debris removal program (Program) includes the
Unincorporated Municipal Service Area (UMSA) and 9 municipalities (Solid Waste Collection
Service Area/Service Area); and
WHEREAS, under prequalification Contract 6417, the County will bid for contractors to be
awarded disaster debris removal work in the Service Area (Removal); and
WHEREAS, under prequalification Contract 9780 Contract, the County has hired ATL
Diversified Industries to perform the staging and reduction of debris delivered to the County
designated staging areas by the contractors performing Removal (Staging and Reduction); and
WHEREAS, under prequalification Contract 9360, the County will bid for contractors to be
awarded disaster debris long-range hauling work (Long-Range Hauling) from the Staging and
Reduction sites designated by the County; and
WHEREAS, a disaster debris monitoring firm has been hired by the County under Contract
#00172 to monitor and document the disaster debris removal process including the Removal,
Staging and Reduction, and Long-Range Hauling in the Service Area to ensure maximum
. reimbursement by FEMA (Monitoring); and
WHEREAS, these County contracts provide an efficient mechanism to remove, stage and haul
debris created by Hurricane Irma in a manner consistent with FEMA reimbursement
requirements; and
WHEREAS, the City desires to be included in the Service Area solely for the purpose of the
Removal, Staging and Reduction and Long-Range Hauling of debris from Hurricane Irma.
NOW, THEREFORE, in consideration of the above recitals and the covenants contained
herein, the parties to this Memorandum of Understanding agree as follows:
1. Solely with respect to the Removal, Staging and Reduction, Long-Range Hauling,
and Monitoring of debris created by Hurricane Irma, the area currently served by the City's Solid
Waste Department (the City Service Area) shall be serviced by the County and shall be
considered part of the Service Area except where separately identified herein. The City shall
remain otherwise liable for solid waste disposal within the City Service Area. The City Service
Area is as currently shown on Exhibit A.
2. The Removal, Staging and Reduction, and Long-Range Hauling of Hurricane Irma
debris within the City Service Area, and the Monitoring of such removal and disposal
(collectively, the Work), shall be conducted by contractors selected by the County, at rates
approved by the County, and under terms and conditions as set by the County. The County
contractors' vehicles used for collecting disaster debris (Removal) in the City's Service Area
shall be uniquely identified in order to separate the quantity of Hurricane Irma debris collected
within the City Service Area from that collected in the Service Area. Hurricane Irma debris will
be taken to staging sites as selected by the County and operated under County Contract 9780
(Staging and Reduction), where it will be reduced and sorted (vegetation/mixed/hazardous).
After being reduced, the vegetative fraction will be hauled to a Florida Department of
Environmental Protection (FDEP) approved facility for disposal and the other fractions will be
disposed of appropriately, in the sole discretion of the County (collectively Long-Range
Hauling).
3. The City shall be responsible for clearance of Hurricane Irma debris from City roads
(push and clear). Nothing herein shall obligate the County to push or clear Hurricane Irma debris
that may currently be obstructing City roads or streets.
4. The City will pay the County for the Work on an ongoing basis as follows.
The County will submit periodic invoices (approximately on a weekly basis) on an ongoing basis
to the City for the Removal, Staging and Reduction, and Long-Range Hauling portions of the
Work and the City agrees to pay the County the full-amount of such periodic invoices within 3 .
days of receipt of the invoice. The County will submit monthly invoices for estimated
Monitoring costs to the City and the City agrees to pay the County within 3 days ofreceipt ofthe
Monitoring invoices. The cost of Monitoring will be trued-up upon completion of the Work and
the County will either invoice the City for the remainder or reimburse the City for the over
payment.
S. The County shall apply to FEMA for reimbursement for the Work. The City agrees
to
supply to the County any information needed for such application. The County shall have no
obligation hereunder to appeal any denial of a request for reimbursement by FEMA.
6. The County agrees to reimburse the City solely the amount of reimbursement that
the County receives from FEMA for the Work. The County does not guarantee or warrant that
FEMA will reimburse the County for all or some of the Work. The County shall not be
responsible for any non-reimbursement by FEMA. The City understands that it may not be
reimbursed by the County for amounts the City has paid or incurred in the performance of the
Work. The City's obligations hereunder shall last until FEMA closes out all applications for
reimbursement related to Hurricane Irma.
7. The County and the City retain and do not Waive any sovereIgn immunity
provided by state law including but not limited to that provided under section 768.28 of the
Florida Statutes. Consistent with the preservation of sovereign immunity for the County and the
City, this MOD is not intended to waive any sovereign immunity in any way including to third
parties. The County and City expressly disclaim that there are any third party beneficiaries and
disclaim any liability to third parties.
8. The City warrants and represents that it has the authority to enter into this
Agreement and that the execution by the City's Mayor or authorized representative is sufficient
to bind the City.
9. This agreement may be modified only in writing, executed by the County Mayor
or his designee, and attested to by the Clerk of Miami-Dade County.
IN WITNESS WHEREOF, this MOD has been duly executed by the parties subscribed
below and is binding upon Miami-Dade County and City of _________ , Florida.
Attest:
Clerk of the Miami-Dade County
Board of County Commissioners
Attest:
City Clerk
For MIAMI-DADE COUNTY, FLORIDA
Mayor Carlos A. Gimenez
For CITY OF
Mayor ___ _