Agenda 06/10/2008 Item #16C 4
Agenda Item No, 16C4
June 10, 200$
Page 1 of 10
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners approve for operational readiness a
format and process for the development of inter-local agreements between Collier Cowty and
the governing boards of the incorporated areas within Collier County, the District School Board
of CoIlier Cowty, and other agencies as requested for debris removal operations in the aftermath
of a severe weather event.
OBJECTIVE: That the Board of County Commissioners ("Board") approve for operational
readiness a format and process for the development of inter-local agreements ("Agreement"), as
attached, between CoIlier County and the governing boards of the incorporated areas within
CoIlier County, the District School Board of Collier Cowty, and other agencies as requested for
debris removal operations in the aftermath of a severe weather event.
CONSIDERATIONS: The Collier County Solid Waste Management Department is responsible
for planning and administering the disaster debris recovery and removal operation in the
unincorporated areas of CoIlier County. Following a natural disaster in which CoIlier County
becomes eligible for reimbursement by the Federal Emergency Management Agency (FEMA)
for the cleanup and removal of disaster debris, staff is given the direction to remove debris that is
reimbursable through the State and FEMA from both the unincorporated and incorporated areas
of the county. During these events, some incorporated areas as well as the District School Board
of Collier County may request to be covered as part of the county's debris recovery effort. The
incorporated areas include Everglades City, the City of Marco Island, and the City of Naples.
The county desires to ensure that every incident or occasion where the State and FEMA may not
reimburse the county for its work, that work is reimbursed by the incorporated area or entity
where debris removal is requested. The Collier Cowty Solid Waste Management Department
has gained FEMA and State approval of the cowty's Debris Removal Plan. This plan provides
for staff, contracted monitoring staff, and FEMA Debris Specialists to validate, on a case by case
basis, debris piles that qualify under FEMA guidelines for reimbursement.
Under the terms of the proposed Agreement, following a natural disaster in which Collier County
becomes eligible for reimbursement by the State and FEMA for the cleanup and removal of
disaster debris, the cowty will undertake to remove disaster debris from both the unincorporated
and portions of the incorporated areas of the cowty, and on property owned by the District
School Board.
Staff and contractors shall use their best efforts to remove only debris that is eligible for
reimbursement by the State and FEMA. Should debris removed from the incorporated areas or
from District School Board-owned property be deemed ineligible for reimbursement by the State
or FEMA, those entities will reimburse the county for the cost of the removal and disposal of the
debris no later than sixty (60) days from the invoice date. Should the State or FEMA not ,
reimburse the county 100 percent for eligible debris, the incorporated area or the District School
Board will reimburse the county for the percentage excluded by the State and FEMA. The term
of the Agreement is from Jwe I, 2008, through May 31, 2009, and shall automatically renew
each year unless terminated.
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Agenda Item No. 16C4
June 10, 2008
Page 2 of 19
If the governing boards of the incorporated areas or the District School Board agree to the terms
of the Agreement, the Agreement will be scheduled for Board consideration at a future Board
meeting.
By pre-establishing protocols to expedite the recovery from a severe weather event, the county
reduces it potential for increased cost or loss of reimbursements from the federal and state
governments. Approval of this executive summary and draft inter-local agreement will provide a
reduced level of liability, facilitate the post-storm recovery effort and, most importantly, ensure
maximum reimbursement from State and FEMA assistance programs. This executive summary
and the attached draft inter-local agreement have been reviewed by FEMA. This inter-local
agreement will be included as an integral part of the Collier County Debris Management Plan
reviewed and approved by FEMA which qualifies for the Public Assistance Pilot Program.
FISCAL IMPACT: Several millions of dollars may be expended by the county to monitor,
collect and dispose of debris, and to ensure that debris recovery efforts are reimbursable by the
State and FEMA. The county desires to ensure that every incident or occasion where the State
and FEMA may not reimburse the county for its work, that work is reimbursed by the
incorporated areas or District School Board where debris removal has been requested.
GROWfH MANAGEMENT IMPACT: There is no Growth Management Impact associated
with this Executive Summary.
LEGAL CONSIDERATIONS: The Office of the County Attorney has approved both form
Agreements for legal sufficiency. The Office of the County Attorney will review each
Agreement that is executed by governing boards of the incorporated areas or District School
Board, as applicable for legal sufficiency. - JAB
RECOMMENDATION: That the Board of County Commissioners approve for operational
readiness a format and process for the development of inter-local agreements between Collier
County and the governing boards of the incorporated areas within Collier County, the District
School Board of Collier County, and other agencies as requested for debris removal operations in
the aftermath of a severe weather event.
PREPARED BY: Daniel R. Rodriguez, M.B.A., CFM, Solid Waste Management Director.
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Agenda Item No. 16C4
June 10, 2008
Page 3 of 10
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16C4
Recommendation that the Board of County Commissioners approve for operational readiness
a format and process for the development of inter-local agreements between Collier County
and the governing boards of the incorporated areas within Collier County, the District School
Board of Collier County, and other agencies as requested for debris removal operations in
the aftermath of a severe weather event.
Meeting Date:
6110/2008 9:0000 AM
Approved By
Daniel R. Rodriguez, M,B.A. Solid Waste Director
Date
Public Utilities Solid Waste
5/22/20085:38 PM
Approved By
Ray Smith
Director
Date
Public Utilities
Pollution Control & Prevention
5/2312008 7:59 AM
Approved By
Thomas W1des
Operations Director
Date
Public Utilities
Public Utilities Operations
5123/2008 9:56 AM
Approved By
Joseph Bellone
Operations Supervisor
Date
Public Utilities
Public Utilities Operations
5/231200810:54 AM
Approved By
Steve Carnell
Purchasing/General Svcs Director
Date
Administrative Services
Purchasing
5/2312008 12:01 PM
Approved By
Phil E. Gramatges, P .E.
Sr. Project Manager
Date
Public Utilities
Public Utilities Engineering
5127120089:24 AM
Approved By
Dan E. Summers
Bureau of Emergency Services Director
Date
County Manager's Office
Bureau of Emergency Services
5128120089:11 AM
Approved By
Jennifer A. Belpedio
Assistant County Attorney
Date
County Attorney
County Attorney Office
5/28/2008 9:56 AM
Approved By
James W. Delany
Public Utilities Administrator
Date
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Page 2 of2
Agenda Item No. 16C4
June 10, 2008
Page 4 of 10
Public Utilities
Public Utilities Administration
51291200810:00 AM
Approved By
OMS Coordinator
OMS Coordinator
Date
County Manager's Office
Office of Management & Budget
513012008 9:04 AM
Approved By
Randy Greenwald
ManagemenUBudget Analyst
Date
County Manager's Office
Office of Management & Budget
513012008 5:28 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
5130120086:11 PM
file://C:\AgendaTest\Export\] 09-June%20 10,%202008\ 16.%20CONSENT%20AGENDA \ 16.., 6/4/2008
Agenda Item No. 16C4
June 10, 2008
Page 5 of 10
INTERLOCAL AGREEMENT BETWEEN COLLIER COUNTY AND CITY OF
FOR DEBRIS REMOVAL
THIS INTERLOCAL AGREEMENT is made and entered into this _ day of
, 2008, by and between Collier County, a political subdivision of the State of
Florida, hereafter referred to as "County," and the City of
, a municipal corporation,
hereafter referred to as "City,"
WITNESSETH:
WHEREAS, the Collier County Solid Waste Management Department is responsible for
planning and administering the debris recovery and removal operation in the aftermath of a severe
weather event; and
WHEREAS, during a debris recovery missioIl,County staff is given the direction to pick up
debris that is reimbursable through the FederaLI':mergency Management Agency, hereafter referred
to as "FEMA"; and
WHEREAS, during these events, some incorporated areas are covered as part of the debris
recovery effort, such as Everglades City, the City of Marco Island, and some portions of the City of
Naples; and
WHEREAS, several thousands of dollars may be expended by the County to collect,
monitor, and dispose of debris in these areas; and
WHEREAS, the County has a concern that there may be an incident or occasion where
FEMA may not reimburse the County for its work and effort,
NOW, THEREFORE, in consideration of the premises and the mutual covenants and
agreements of the parties, the parties hereto agree as follows:
1. Term. The term of this annual agreement is from June 1,2008, through May 31,2009, and
shall automatically renew each year unless terminated as provided herein,
Agenda Item No. 16C4
June 10, 2008
Page 6 of 10
2, Responsibilities,
A. County, The County agrees to:
a, Following the occurrence of a natural disaster in which Collier County becomes
eligible for reimbursement by FEMA for the cleanup and removal of disaster debris,
the County will undertake to remove disaster debris from both the unincorporated
and portions of the incorporated areas of the county;
b, County staff and contractors shall use their best efforts to remove only debris that is
eligible for reimbursement by FEMA.
B, City, The City agrees to:
a, Should the City wish to have debris removed that the County has determined to be
ineligible for FEMA reimbursement, the City agrees to reimburse the County for the
removal and disposal of this ineligible debris;
b. Should some debris removed from the City be deemed ineligible for reimbursement
by FEMA, the City will reimburse the County for the cost of the removal and
disposal of this debris;
c, Should FEMA not reimburse the County 100 percent for eligible debris, the City will
reimburse the County the percentage excluded by FEMA.
3, Termination. This Agreement may be terminated by thirty (30) days notice by regular U,S.
mail to the parties at the fo llowing locations:
County:
Collier County Board of County Commissioners
Solid Waste Management Department
3301 E. Tamiami Trail
Naples, Florida 34112
District:
4, Miscellaneous. This Agreement shall be governed and construed under the laws of the State
of Florida.
5, Entire Agreement. This Agreement is the entire agreement between the parties and contains
all the terms agreed upon.
Agenda Item No. 16C4
June 10, 2008
Page 7 of 10
IN WITNESS WHEREOF, the parties have made and executed this Agreement on the date
first written above,
ATTEST:
COLLIER COUNTY DISTRICT SCHOOL
BOARD
By:
, CHAIRMAN
Approval as to form and legal Sufficiency:
, District Attorney
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
TOM HENNING, CHAIRMAN
Approval as to form and legal Sufficiency:
Jennifer A, Belpedio
Assistant County Attorney
Agenda Item No. 16C4
June 10, 2008
Page 8 of 10
INTERLOCAL AGREEMENT BETWEEN COLLIER COUNTY AND COLLIER COUNTY
DISTRICT SCHOOL BOARD FOR DEBRIS REMOVAL
THIS INTERLOCAL AGREEMENT is made and entered into this _ day of
, 2008, by and between Collier County, a political subdivision of the State of
Florida, hereafter referred to as "County," and the District School Board of Collier County, Florida,
hereafter referred to as "District."
WITNESSETH:
WHEREAS, the Collier County Solid Waste Management Department is responsible for
planning and administering the debris recovery and removal operation in the aftermath of a severe
weather event; and
WHEREAS, during a debris recovery mission, County staff is given the direction to pick up
only the debris that is reimbursable through the State and Federal Emergency Management Agency,
hereafter referred to as "FEMA"; and
WHEREAS, during these events, the District may request to be covered as part of the
County debris recovery effort; and
WHEREAS, several thousands of dollars may be expended by the County to collect,
monitor and dispose of debris in these areas; and
WHEREAS, the County has a concern that there may be an incident or occasion where
FEMA may not reimburse the County for its work and effort,
NOW, THEREFORE, in consideration of the premises and the mutual covenants and
agreements of the parties, the parties hereto agree as follows:
I. Term, The term of this annual agreement is from June 1,2008, through May 31, 2009, and
shall automatically renew each year unless terminated as provided herein,
Agenda Item No. 16C4
June 10, 2008
Page 9 of 10
2, Responsibilities.
A. County, The County agrees to:
a, Following the occurrence of a natural disaster in which Collier County
becomes eligible for reimbursement by the State and FEMA for the cleanup
and removal of disaster debris, the County will undertake to remove disaster
debris from both the unincorporated and portions of the incorporated areas of
the county;
b. County staff and contractors shall use their best efforts to remove only debris
that is eligible for reimbursement by the State and FEMA.
B. District. The District agrees to:
a. Should the District wish to have debris removed that the County has
determined to be ineligible for State or FEMA reimbursement, the District
agrees to reimburse the County no later than sixty (60) days from the invoice
date for the removal not reimbursed and disposal of this ineligible debris;
b. Should some debris removed from the District be deemed ineligible for
reimbursement by the State or FEMA, the District will reimburse the County
for the cost of the removal not reimbursed and disposal of this debris no later
than sixty (60) days from the invoicedate;
c. Should FEMA or State not reimburse the County ] 00 percent for eligible
debris, the District will reimburse the County for the percentage excluded by
the State and FEMA.
3. Termination. This Agreement may be terminated by thirty (30) days notice by regular U.S.
mail to the parties at the following locations:
County:
Collier County Board of County Commissioners
Solid Waste Management Department
330] E, Tamiami Trail
Naples, Florida 34112
District:
4. Miscellaneous, This Agreement shall be governed and construed under the laws of the State
of Florida,
Agenda Item No. 16C4
June 10, 2008
Page 10 of 10
5, Entire Agreement. This Agreement is the entire agreement between the parties and contains
all the terms agreed upon.
IN WITNESS WHEREOF, the parties have made and executed this Agreement on the date
fIrst written above.
ATTEST:
COLLIER COUNTY DISTRICT SCHOOL
BOARD
By:
, CHAIRMAN
Approval as to form and legal SuffIciency:
, District Attorney
ATTEST:
DWIGHT E, BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
TOM HENNING, CHAIRMAN
Approval as to form and legal SuffIciency:
Jennifer A. BeIpedio
Assistant County Attorney