INTERLOCAL AGREEMENT RELATING TO INTERGOVERNMENTAL COOPERATION FOR EFFECTIVE POST-DISASTER DEBRIS MANAGEMENT AND DEBRIS SITE-MONITORING
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Mr. Paul Nystrom, Controller ~~ ~(f
City of Clearwater JJ O~ n_ ro/9'H /. P 5
Department of Solid Waste/General Services (1"'.~"V---'- I
1701 N. Hercules Avenue
Clearwater, FL 33765
. BOARD OF COUNTY
COMMISSIONERS
Susan Latvala. Chairman
John Morroni . Vice Chairman
Calvin D. Harris
Karen Williams Seel
Robert B. Stewart
Barbara Sheen Todd
Kenneth T. Welch
December 29, 2004
SUBJ:
Interlocal Agreement Relating to Intergovernmental Cooperation
for Effective Post-Disaster Debris Management and Debris
Site Monitoring
Dear Mr. Nystrom:
The subject agreement has been fully executed by the Pinellas County Board of
County Commissioners. One (1) original agreement is enclosed herewith for
your records along with the copy of the County Board Order covering the
approval by the Commission.
Sincerely,
PINELLAS COUNTY UTILITIES
~~
Carol Smith, Contract Services Specialist
Enclosures
cc: Chris Staubus, Executive Assistant Director of Utilities
Don Crowell, Senior Assistant County Attorney
Warren Smith, Director, Utilities Solid Waste Operations
PLEASE ADDRESS REPLY TO:
14 S. Fort Harrison Avenue
Clearwater, Florida 33756
Website: www.pinellascounty.org
o
Bee 09-21-04
3:05 P.M. JONESlHarb/Fickley
#45b Interlocal Agreement Relating to Intergovenunental Cooperation For Effective Post-Disaster
Debris Management and Debris Site Monitoring with the City of Clearwater approved;
Chairman authorized to sign agreement after proper execution by the city official and written
approval as to form by the Office of the County Attorney (Utilities Department).
Motion Commissioner Morroni
Second Commissioner Seel
Vote 7-0
INTERLOCAL AGREEMENT RELATING TO INTERGOVERNMENTAL
COOPERATION FOR EFFECTIVE POST-DISASTER
DEBRIS MANAGEMENT AND DEBRIS SITE MONITORING.
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This Agreement, made and entered into this /<g day of ~~
2004, and between the parties, City of Clearwater, (hereinafter "CITY") and Pinellas
County, Florida, (hereinafter "COUNTY").
WHEREAS, ~163.01, Florida Statutes, The Florida Interlocal Cooperation Act of
1969 authorizes local government units to enter into interlocal agreements to enable them
to best meet the needs of their citizenry; and
WHEREAS, COUNTY and CITY recognize that many disasters do not recognize
artificial jurisdictional boundaries; and
WHEREAS, coordination of local government jurisdictions will allow for
economies of scale, mutual aid to other jurisdictions, and ease of compliance with
stringent Federal Emergency Management Agency (hereinafter "FEMA") requirements
for federal reimbursement during post disaster clean-up activities; and
WHEREAS, COUNTY and CITY desire to implement a time efficient, cost
effective, and responsive system to meet both the debris management needs ofthe area,
and also the debris monitoring required for FEMA reimbursements; and
WHEREAS, joint utilization of debris management services and debris site
monitoring services will allow the local government jurisdictions to meet their respective
needs in the most efficient manner; and
WHEREAS, COUNTY and CITY desire to formalize their respective obligations
to allow for the joint administration of the aforementioned services; and
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NOW THEREFORE, in consideration of the covenants and agreements hereafter
contained, it is mutually agreed by and between the parties hereto as follows:
SECTION I - SCOPE AND FISCAL RESPONSIBILITY
1. The COUNTY and CITY agree that the attached Exhibit A "Scope of Services,"
which is hereby incorporated by reference, shall constitute the scope of services
and fiscal responsibilities of the parties.
SECTION II - COORDINATION
2. CITY agrees to provide, at its sole cost, a liaison between CITY and COUNTY to
allow for coordination of efforts and the timely administrative resolution of issues
that may arise from this joint effort. The name and contact information for the
liaison shall be communicated as soon as practicable to Warren Smith, Director of
Pinellas County Solid Waste Operations and County Emergency Debris Manager,
at both (727) 464-7500 and wnsmith(cV,co.pinellas.fl.us, and to Chris Staubus,
Pinellas County Utilities Executive Assistant Director at (727) 464-3516 and
cstaubus(cV,co. pinellas.fl. us.
SECTION III - TERM AND TERMINATION
3. This Agreement shall become effective retroactively to September 19,2004 upon
execution by the parties and filing with the Clerk of the Circuit Court for Pinellas
County. The Agreement may be terminated upon a party providing a 30-day
written notice to the other party.
SECTION IV - AMENDMENT PROCEDURES
4. Either party may initiate an amendment to this Agreement. All amendments shall
be in writing and shall not be effective against any party until executed by both
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parties. Only the Chairperson of the governing body of each party, after approval
of the governing body, may execute either this Agreement or any subsequent
amendment, unless the entity's charter, governing documents, or ordinances
provide otherwise.
SECTION V - RESERVATION OF RIGHTS TO SOVEREIGN IMMUNITY AND
DECLARATION OF INDEPENDENT STATUS
5. Nothing in this Agreement shall be construed to affect either party's entitlement
under Florida Law to sovereign immunity, nor shall this Agreement be construed
to create any indemnification by one party of another. This Agreement shall
furthermore not be construed to create any agency relationships among the parties
or any relationship other than independent contracting entities.
IN WITNESS WHEREOF, the undersigned have hereto affixed their hands and seals the
day and year first above-written.
Countersigned:
B~-
Mayor
CITY OF CLEARWATER, FLORIDA
By:
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William B. Home II
City Manager
Approved as to form:
B~j). 7:jf
Assistant City Attorney
Attest:
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PINELLAS COUNTY, FLORIDA
by and through its Board of County
Commissioners
By: iLo/~~
Chairman /.y,)..,).. joy'
'ATtE&T:KARLEEN F.DeBLAKER,
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EXHffiIT A
SCOPE OF SERVICES
EMERGENCY ASSISTANCE FOR DEBRIS MANAGEMENT AND FEMA
GUIDELINE ADHERENCE
CITY OF CLEARWATER IN COOPERATION WITH PINELLAS COUNTY,
FLORIDA
September 2004
GENERAL
Pinellas County has contracted with Phillips & Jordan to assist in the recovery and
disposal of debris located in unincorporated areas of the County. The City of Clearwater
has entered into a parallel contract, or will enter into a contract with Phillips & Jordan.
Phillips & Jordan will function as the debris removal contractor for purposes of site
cleanup in accordance with FEMA requirements for cost recovery.
The work of Phillips & Jordan will be monitored for FEMA cost recovery by Pinellas
County and City of Clearwater staff assisted by the consulting engineering firm of Patton,
Harris, Rust & Associates, Inc. (PHRA). Procurement ofthe services is authorized by the
County PO Number 216245. Clearwater may separately contract with PHRA or another
contractor for services within its jurisdictional boundaries in lieu of utilizing its own. staff
for monitoring.
RESPONSIBILITIES OF PINEL LAS COUNTY
. Provide debris disposal site and oversee its operation.
. Provide debris disposal site monitoring and accounting by volume for all debris
entering the site (including debris from within the City of Clearwater) in such a
way that debris volumes may be tracked, allocated and reported by the entity,
municipality or the County that transported eligible debris to the site.
. Provide an accounting of FEMA reimbursement for the costs incurred by the
County for the set-up and closeout of the debris disposal site and debris disposal
site monitors.
. Provide an invoice with appropriate backup to Clearwater for the prorata share of
costs based on volume for the cost for the set-up and close-out of the debris
disposal site and debris disposal site monitors.
RESPONSIBILITIES OF CLEARWATER
. To use only trucks and trailers that have been measured by the County or its
representative prior to hauling operation with their capacity in cubic yards
prominently marked on the vehicles.
. Deliver only clean vegetative storm debris to the disposal site.
. All mixed debris will be rejected from the site, or reloaded if dumped at the site
and transported for proper disposal at the city's expense.
. Entering into a contract with Philips and Jordan with terms similar the County's
contract for the disposal of vegetative debris.
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. Disposal of all storm related debris that is not clean vegetative debris.
. Submittal of all applicable FEMA fillings for collection and transport of eligible
debris.
. Field monitoring of Clearwater's loading sites and other requirements as deemed
necessary to receive FEMA reimbursement for eligible debris.
COST RECOVERY
The County will administer the contracts for Phillips & Jordan and for PHRA for those
respective services provided on behalf of Pinellas County. The City of Clearwater will
administer its contract with Phillips & Jordan for debris collection and transport (pickup
and hauling) to the County debris management site(s).
The City of Clearwater will pay its local share of the Phillips & Jordan and PHRA costs
for debris site management, including site preparation and closure, and site operations
and maintenance, based on the direct proportion of Clearwater versus total coupons or
tickets at those sites used for disposal of Clearwater debris.
The City of Clearwater will pay its local share of costs for debris collection and related
monitoring and debris management of materials collected within the City.
In addition, the City of Clearwater will administer any other contracts for services that it
may elect to use independent of Pin ell as County.
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