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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. .~- ir 'I , i) , :1 " ~j .~ 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. .~ !! j ." .1 Page 10f2 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 fijeWfC:W~~ndaTest\Export\ 1 09-June%201 0,%202008\ 1.6. %20CONSENT%20AGENDA\16;,. 6/412008 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