Agenda 12/02/2008 Item #16C 1
Agenda Item No. 16C1
December 2, 2008
Page 1 of 7
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners execute inter-local agreements
between Collier County and the District School Board of Collier County, Everglades City, the
City of Marco Island, and the City of Naples for debris removal operations in the aftermath ofa
severe weather event or natural disaster.
OBJECTIVE: That the Board of County Commissioners (Board) execute inter-local agreements
between Collier County and the District School Board of Collier County, Everglades City, the
City of Marco Island, and the City of Naples tor debris removal operations in the aftermath of a
severe weather event or natural disaster.
CONSIDERATIONS: On June 10, 2008, Board approval of item 16C4 provided staff the
direction to develop 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 or natural disaster.
~
Pursuant to the Board's direction, staff has worked with the these agencies to develop an inter-
local agreement (Agreement) for debris removal operations following a severe weather event or
natural disaster, which provides that; I) When 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, and on property owned by the District School Board; 2) 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 within thirty (30) days and no later
than sixty (60) days from the invoice date; and 3) 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 June 1,2008, through May 31, 2009, and shall automatically renew each year
unless terminated.
The attached standard form of inter-local agreement for debris removal has been reviewed and
approved by the County Attorney's Office and by the Public Utilities Division.
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.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated
with this Executive Summary.
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Agenda Item No. 16C1
December 2, 2008
Page 2 of7
LEGAL CONSIDERATIONS: The form agreement has been signed for legal sufficiency by
the County Attorney's Office and this item is legally sufficient for Board action. Each executed
Agreement will be reviewed for legal sufficiency and will only be approved for execution by the
Chairman ifno substantial modifications have bcen made.- JAB
RECOMMENDATION:
That the Board of County Commissioners:
I. Approve the attached standard form of inter-local agreement for debris removaL
2. Authorize the Chairman of the Board of County Commissioners, or his designee(s), to
execute these inter-local agreements after approval of each as to "form and legal
sufficiency" by the County Attorney's Office.
3. Direct the County Manager, or his designee, to record the signed inter-local agreements
in the Public Records of Collier County, Florida.
PREPARED BY: Daniel R. Rodriguez, M.B.A., CFM, Solid Waste Management Director.
Page lof2
Agenda Item No. 16C 1
December 2, 2008
Page 3 of 7
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16C1
Recommendation that the Board of County Commissioners execute inter-local agreements
between Collier County and the District School Board of Collier County, Everglades City, the
City of Marco Island, and the City of Naples for debris removal operations in the aftermath of
a severe weather event or natural disaster.
Meeting Date:
12/2/2008900:00 AM
Prepared By
Daniel R. Rodriguez
Solid Waste Director
Date
Public Utilities
Solid Waste
10/17/200810:12:15 AM
Approved By
Sue Zimmerman
Property Acquisition Specialist
Date
Administrative Services
Facilities Management
10/27/200811:41 AM
Approved By
Joseph Bellone
Operations Supervisor
Date
Public Utilities
Public Utilities Operations
10/28/20089:57 AM
Approved By
Jennifer A. Belpedio
Assistant County Attorney
Date
County Attorney
County Attorney Office
10/29/200811:39 AM
Approved By
Daniel R. Rodriguez
Solid Waste Director
Date
Public Utilities
Solid Waste
10/29/20082:11 PM
Approved By
Dianna Perryman
Contract Specialist
Date
Administrative Services
Purchasing
11/3/20082:07 PM
Approved By
Steve Carnell
Purchasing/General Svcs Director
Date
Administrative Services
Purchasing
11/3/20084:38 PM
Approved By
Thomas Wides
Operations Director
Date
Public Utilities
Public Utilities Operations
11/12/200812:47 PM
A pproved By
James W. Delany
Public Utilities Administrator
Date
Public Utilities
Public Utilities Administration
11/13/20083:51 PM
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Agenda Item No. 16C1
December 2, 2008
Page 4 of 7
Approved By
OMS Coordinator
OMS Coordinator
Date
County Manager's Office
Office of Management & Budget
11/17/20081:23 PM
Approved By
Randy Greenwald
ManagemenUBudget Analyst
Date
County Manager's Office
Office of Management & Budget
11/17/20081:37 PM
Approved By
Leo E. Ochs, Jr.
Board of County
Commissioners
Deputy County Manager
Date
County Manager's Office
11/17/20082:09 PM
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Agenda Item No. 16C 1
December 2, 2008
Page 5 of 7
INTERLOCAL AGREEMENT BETWEEN COLLIER COUNTY AND
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
, hereafter referred to as "_ "
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
debris that is reimbursable through the Federal Emergency 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 [alternative for School District]; 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
,2009,
and shall automatically renew each year unless terminated as provided herein.
2, Responsibilities,
Agenda Item No. 16C1
December 2. 2008
Page 6 of 7
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/District. The City/District agrees to:
a, Should the wish to have debris removed that the County has determined to
be ineligible for State or FEMA reimbursement, the agrees to reimburse
the County no later than L---.J days from the invoice date for the removal
not reimbursed and disposal of this ineligible debris;
b, Should some debris removed from the be deemed ineligible for
reimbursement by the State or FEMA, the ~ will reimburse the County for the
cost of the removal not reimbursed and disposal of this debris no later than ~
~ days from the invoice date;
c, Should FEMA or State not reimburse the County] 00% for eligible debris, the _
will reimburse the County for the percentage excluded by the State and FEMA.
d, Following a natural disaster, the _ will inform Collier County if the _ does
not wish to have debris removed from the _ by the Collier County Waste
Management Department.
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
3301 E. Tamiami Trail
Naples, Florida 341 ] 2
4, Miscellaneous, This Agreement shall be governed and construed under the laws of the State
of Florida.
Agenda Item No. 16C1
December 2, 2008
Page 7 of 7
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
flTst written above,
ATTEST:
By:
Approval as to form and legal Sufficiency:
, ~ 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