Res No 190-17-14991RESOLUTION NO. 190-17-14991 ---------------------
A Resolution establishing emergency procurement procedure for Hurricane
Irma for debris removal, including authorization for the City Manager to
enter into a Memorandum of Understanding with Miami-Dade County for
debris removal, staging and reduction, long-range hauling, and monitoring.
WHEREAS, 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; and
WHEREAS, a wide variety of permits, licenses, and certificates may be required
to perform debris management work, depending on the assignment; and
WHEREAS, Miami-Dade County ("the County") has solicited pre-qualified
vendors and consultants for monitoring and processing the necessary documentation and
obtained competitively solicited bids for debris removal, staging and reduction, and long-
range hauling; and
WHEREAS, Miami-Dade County ("the County") has offered to help the City
with debris removal, staging and reduction, long-range hauling, and monitoring and the
County will work closely with the City and local agencies and regulators to clarify and
resolve any compliance issues, as well as to determine requirements for and to obtain
necessary permits, licenses and certificates, if requested. In these cases, the County's
consultants will identify the requirements and demonstrate compliance, even though
permits are not required. Some of the permits that we anticipate being required for this
type of work include, but may not be limited to the following:
D Environmental Permits -asbestos/lead paint abatement, construction permit,
demolition permits; .
D Clean Water Act (NPDES) Permits -emergency discharge permit, indirect discharge
permit, wetlands disturbance permit, and storm water management permi~~
D Clean Air Act (Emissions) Permits -burn permit (air curtain inCinerators), stack
monitoring permit, fugitive emissions (dust) control permit;
D TDSRS and Final Disposal permits or authorizations from FDEP and the County
DERM if appropriate; and
WHEREAS, Miami-Dade County is FEMA compliant, which means they have been
approved by FEMA regarding their practices relating to disposal of disaster debris.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY O}' SOUTH MIAMI, FLORIDA:
Section 1. The City Manager is authorized to enter into a Memorandum of
Understanding ("MOU") with Miami-Dade County for debris removal, staging and
Pg . 2 of Res . No . 1 90 -17-1 4991
reduc ti o n, lo n g-ra nge hau li ng, and mo nitorin g, Jlur sua11l LO C hapte r 14 and s pec ific a lly
Section 14-5. Tlus re so lution , authoriz ing th c VIOu , cstabl is hcs an cmergen c y
procurement procedure th at is lim ite d to the cl ca n up fr o m I lurricanc Irma.
Sect io n 2 . If an y secti o n , c lau se, sentence , o r phrase of th is reso lution is for an y
reason h e ld in va lid o r un co ns titution a l by a eo ur! o f co mpetent juri s diction , Lh e holdin g
shal l n o t affec t th e valid ity of th e remain ing porti o n s of thi s reso luti o n.
Secti o n 3 . Th is re so lut ion s hall take effect imm edi a te ly upon adop ti o n.
P ASSED A. '\D ADOPTED thi s 1 8 Ih day o f Sept em b er ,2017.
A ' -ES T:
COVIVllSS I01\ V OT E
Vlayo r Stoddard:
Vice 'vl ayor Wel s h:
Co mmi ss ion cr E dm o nd:
Comm iss ione r Harris :
Co mmi ss ion er Liebman:
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OFFICE 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
MEMORANDUM OF UNDERSTANDING ("MOU") BETWEEN MIAMI-DADE COUNTY,
FLORIDA AND CITY OF SOUTH MIAMI REGARDING DEBRIS REMOVAL, STAGING &
REDUCTION, LONG-RANGE HAUL~G, AND MONITORING
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This Memorandum of Understanding is entered on this 4 day of NQ1}em9~,~
by and between Miami-Dade COWlty, Florida (the COWlty) and the City of _South Miami-, Florida
(the City).
RECITALS
WHEREAS, on September 4, 2017, Governor Rick Scott issued a declaration of state of
emergency for. Florida counties including Miami-Dade County because of the threat posed by
Hurricane Irma; and
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WHEREAS, on September 5, 2017, Miami-Dade County Mayor Carlos Gimenez issued a local
state of emergency for all of Miami-Dade County because of the threat posed by Hurricane lima
which declaration was extended tlU'ee times; and .
WHEREAS, Hun'icane Irma in Miami-Dade County created extensive vegetative and other debris
tlU'oughout the County including in the City; and
WHEREAS, prior to HUl'1'icane Irma the County had a debris removal program in place (Program)
that includes the Unincorporated Municipal Sel'vic.e Area (UMSA) and 9 municipalities (Solid
Waste Collection Service Area/Service Area); and
WHEREAS, under pl'equalification Contract 6417, the County has hired contractors fol' disaster
debris removal work in the Service Area (Removal); and
WHEREAS, under prequalification Contract 9780 Contract, the County has hired contractors to
perfOlm the staging and reduction of debris delivered to the County designated staging areas by
the contractors pelforming Removal (Staging and Reduction); and
WHEREAS, under pl'equalification Contract 9360, the County has hired contractor(s) to perform
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 film 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 COWlty contracts provide an efficient mechanism to remove: stage and haul
debris created by HW'ricane Irma in a manner consistent with FEMA reimbursement requirements;
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WHEREAS, on~ ~ the County and the City entered into a Memorandum of
Understanding the purpose of the Removal, Staging and Reduction and Long-Range Hauling of
debris from Hurricane Irma (the September~, 2017 MOU"); and
WHEREAS, after consultation with FEMA representatives, the County and City wish to l'eplace
the September~ 2017 MOU with this MOU retroactively to the date the Work commenced;
WHEREAS, the City as the requesting agency ("Requesting Agency") is asking the County as a
participating agency ("Participating Agency") to entel' into this Memorandum of Understanding to
include the City in the Service Area solely for the purpose of the Removal, Staging and Reduction
and Long-Range Hauling of debris from HW11cane Irma.
NOW, THEREFORE, in consideration of the above recitals and the covenants contained
herein, the parties agree to enter into this Memorandum of Understanding agt'ee as follows:
I, Solely with respect to the Removal, Staging and Reduction, Long-Range Hauling,
and Monitoring of debris created by Hurricane IrIna, the area cUlTentLy served by the City's Solid
Waste Department (the City Service Area) shall at the request of the Requesting Agency be
sel'viced 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
Sel'vi~ Area. The City Service Area is as currently shown on Exhibit A.
2. The Removal, Staging and Reduction, and Long-Range Haulil1g of Hurricane Irma
debris within the City Service Area, and the Monitoring of such removal and disposal (colJectively,
the Work), shall be conducted by contractors selected by the County, at rates approved by the
COWlty, 8?d u~der 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 uniqucly identified
in order to separate the quantity of HUl'ricane Irma debris collected within the City Service Area
from that collected in the Service Area. HW1'icane Irma debris will be taken to staging sites as
selected by the County and operated tulder County Contract 9780 (Staging and Reduction), where
it will be reduced and sorted (vegetation/mixed/hazardous). After being l'educed, the vegetative
fi'action will be hauled to a Flolida Department of Environmental Protection (FDEP) approved
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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 h'ma debris fl:om City roads
(push and clear). Nothing herein shall obligate the County to push or clear Hurricane Irma debris
that may currently be obsuucting City roads 01' su:eets.
4. The City will pay the County fOI' the Work on an ongoing basis as follows.
The County as the Providing Agency will submit periodic invoices (approximately on a weekly
basis) 011 an ongoing basis to the City as the Requesting Agency 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 ~onitoting costs to the City and the City agrees to pay the
County within 3 days of receipt of the Monitoring invoices. The cost ofMonitodng 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.
5. The City as the Requesting Agency shall be solely responsible to apply to FEMA for
reimbursement for the Work. The County as the Providing Agency agrees to supply to the City as
the Requesting Agency the information needed for the City's FEMA application. The City. agrees
that the COWlty shall have no obligation to request or apply for reimbul'sement from FEMA for the
Work.
6. The County's responsibility as the Participating Agency is to provide the necessary
documentation to the City as the Requesting Agency so that the City may, if it chooses, seek
. reimbursement from FEMA as the Requesting Agency. The City agrees that the County does not
guarantee or warrant that FEMA willl'eimburse the City fOl' all or some of the Work. The City
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agrees that the County shall not be responsible in any way for any non-reimbursement by FEMA.
The City understands that it may not be reimbursed by FEMA fot· amounts the City has paid or
incurred in the performance of the Work
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 FIOlida Statutes.
Consistent with the preservation of sovereign immunity for the County and the City, this MOU 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 pmty beneficiaries and disclaim any liability
to third patties.
8. The City wan'ants and represents that it has the authority to enter into this
Agreement and that the execution by the City's Mayor 01' authol'lzed representative is sufficient to
bind the City.
9. This agreement nlay be modified only in writing, executed by the County Mayor 01'
his designee, and attested to by the Clerk ofMiauli-Dade County.
IN WITNESS WI-illREOF, this MOU has been duly executed by the parties subscdbed
below and is binding upon Miami .. Dade County and City otSOlLte.. ~, ~ Florida.
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Clerk of the Miami-Dade County 'I
Board of County Commissioners ,:J "0 tiJi. 4'2
C y \ <. 1"U'tftf Aff ~t: kYr" 'p6rCI
~~}-~---------(Y'\.o... y.:o. ~
Maria M. Menendez
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