HomeMy WebLinkAboutResolution No. 26-69RESOLUTION NO. 26-69
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AUTHORIZING
THE EXECUTION OF A MEMORANDUM OF UNDERSTANDING BETWEEN THE
CITY OF JACKSONVILLE AND THE CITY OF ATLANTIC BEACH FOR THE USE OF
A DISASTER DEBRIS MANAGEMENT SITE; AUTHORIZING THE CITY MANAGER
TO EXECUTE ALL NECESSARY DOCUMENTS TO EFFECTUATE THE PROVISIONS
OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the northeast coast of Florida is subject to disaster -related events that create dangerous
conditions and produce debris threatening the safety of citizens, and the City of Atlantic Beach and the City of
Jacksonville recognize the importance of effective and timely debris management following such events to ensure
public safety and the restoration of critical services; and
WHEREAS, the City of Jacksonville owns a landfill on Girvin Road used as a temporary debris
management site and has expressed a desire to provide said site to Atlantic Beach during a major disaster; and
WHEREAS, the City of Atlantic Beach desires to utilize this site for staging, processing, and temporarily
storing disaster -related debris to promote efficiency and mutual aid between the municipalities; and
WHEREAS, the City of Atlantic Beach finds that entering into this Memorandum of Understanding is in
the best interest of the health, safety, and welfare of its residents.
NOW THEREFORE, be it resolved by the City Commission of the City of Atlantic Beach as follows:
SECTION 1. The above recitals are true and correct and are incorporated herein.
SECTION 2. The Atlantic Beach City Commission hereby authorizes the execution of the Memorandum
of Understanding (EXHIBIT A) between the City of Jacksonville and the City of Atlantic Beach for the use of
the Disaster Debris Management Site.
SECTION 3. The City Manager is authorized to execute any contracts, agreements, and purchase orders
necessary to effectuate the provisions of this Resolution and the associated Memorandum of Understanding.
SECTION 4. This Resolution shall take effect immediately upon its passage and adoption.
PASSED AND AD PTED by the City of Atlantic Beach, this I Ph day of May 2026.
Curtis Ford, Ma or
Attest:
�4�
Donna L. Bartle, City Clerk
Approved as to form and correctness:
Jaso 1, City Attorney
EXHIBIT A
MEMORANDUM OF UNDERSTANING
BETWEEN
CITY OF JACKSONVILLE
AND
CITY OF ATLANTIC BEACH
FOR
USE OF DISASTER DEBRIS MANAGEMENT SITE
THIS MEMORANDUM OF UNDERSTANDING ("MOU") is made and entered into this
day of , 2025, by and between the CITY OF JACKSONVILLE, a consolidated
municipal corporation and political subdivision existing under the Constitution and laws of the State of
Florida (the "City"), and the CITY OF ATLANTIC BEACH, a municipal corporation within the General
Services District ("Atlantic Beach") for the use of City's Disaster Debris Management Site for staging
processing, and/or temporarily storing disaster -related debris following a debris -generating event.
RECITALS:
WHEREAS, the northeast coast of Florida is subject to disaster -related events which create
dangerous conditions and produce debris that are threats to the safety of the citizens of the area; and
WHEREAS, both City and Atlantic Beach recognize the importance of effective and timely debris
management following disaster events to ensurepublic safety, the protection ofproperty, andthe restoration
of critical services; and
WHEREAS, City is the owner of a landfill on Girvin Road used as a temporary debris management
site (the "Site"); and
WHEREAS, Atlantic Beach desires to use the Site for staging, processing, and/or temporardy
storing disaster -related debris following a debris -generating event; and
WHEREAS, because sharing debris management resources promotes efficiency, cost-
effectiveness, and mutual aid between municipalities, City desires to provide the Site to Atlantic Beach in
the time of a major disaster for management of debris; and
WHEREAS, in an Administrative Award Bid No. POA- -25 dated October 2025, the City's
Procurement Division authorized the execution of this MOU; now therefore,
IN CONSIDERATION of the premises and the terms set forth herein and of other good and
valuable consideration acknowledged by the parties to be sufficient, the parties agree to the following
provisions, terms, and conditions:
1. Recitals: The above -stated recitals are accurate, true, and correct and are
incorporated herein and made part hereof by this reference.
2. Emergency Disaster Status: A major disaster means an occurrence or the imminent
threat thereof of severe injury or loss of life or property resulting from any natural or man-made cause such
as fire, flood, earthquake, hurricane, tornado, tidal wave, windstorm, explosion, or serious accident, as may
be determined by the appropriate City or Atlantic Beach officials.
3. Notice and Permission to Occupy: Upon the occurrence of a major disaster, as
determined by City, and also upon City's determination that Atlantic Beach is in need of assistance in
handling disaster -related debris, City shall permit Atlantic Beach to use the Site for managing disaster
debris. This MOU will be activated upon the mutual written consent of City and Atlantic Beach following
a qualifying debris -generating event impacting Atlantic Beach, or upon an existing county, regional, or
state declaration of an emergency. City may revoke such permission and require Atlantic Beach to vacate
the Site if conditions deteriorate and become unsuitable for occupation or use of the Site in City's sole
discretion.
4. Scope of Use: Atlantic Beach may use the Site for staging, sorting, processing, and
temorarily storing eligible disaster debris in accordance with applicable FEMA Public Assistance Program
and Policy Guide (PAPPG) requirements, environmental regulations, and local ordinances. Hazardous
materials, prohibited waste, and non -disaster -related debris will notbe accepted without City's prior written
approval.
Length Of Use; Vacating The Facilities:
a. This Agreement will apply for the duration of a major disaster or threat of a major
disaster, not to exceed five (5) calendar days. In the event a disaster so disrupts the community that
a longer disaster response period is needed, then both parties will in good faith attempt to negotiate
an agreement that provides a level of service that allows both parties to achieve their objectives.
City reserves the right to limit said duration if it determines conditions so warrant.
b. At the end of the time period as determined above, Atlantic Beach shall vacate the
Site and return it to City in the same condition in which it was when provided to it. This provision
applies only to correction of any condition directly caused by Atlantic Beach or its agents or
otherwise directly related to use of the Site by Atlantic Beach. While on City's premises, Atlantic
Beach shall be responsible for the proper oversight and supervision of its employees to ensure
appropriate professional behavior. Any costs associated with damages caused by Atlantic Beach's
employees or with excess cleaning or repair that is required that arises from their use of the Site
shall be the responsibility of Atlantic Beach. Such costs shall be payable by Atlantic Beach upon
City's demand.
6. Operational Responsibilities:
a. Atlantic Beach will:
Provide all labor, equipment, and materials necessary for transporting
unloading, processing, and removing debris from the Site.
Ensure all activities comply with federal, state, and local environmental,
safety, and permitting requirements.
iii. Track and document all debris quantities and related activities for
reimbursement and compliance purposes. Cost-sharing or
remimbursement arrangements, if applicable, will be documented in a
separate written agreement or amendment to this MOU.
iv. Be responsible for all costs associated with its debris management
activities at the Site.
b. City will:
i. Provide access to the Site and designate an authorized point of contact for
operational coordination.
ii. Communicate any Site-specific operational restrictions or requirements.
5. Basic Assumptions for Both Parties: Permission to occupy the premises is expressly
contingent on suitable conditions existing for the City, as well as suitable conditions that would permit
City's personnel to travel to and from the Site (i.e. curfews, evacuation orders, etc. Should City personnel
not be available, permission will not be given to Atlantic Beach to occupy the premises. Further, City may
revoke such permission and require Atlantic Beach to vacate the premises if conditions deteriorate and
become unsuitable in City's sole discretion.
6. Official Representatives: Atlantic Beach's representative for purposes of this
Agreement shall be Rick Carper, P. E., Interim Publlic Works Director (904-247-5834; rcarper(a)coab.us).
City's representative for the purposes of this Agreement shall be Scott Carter, P. E., City's Chief of
Engineering and Construction Management (904-255-8710; SCarterlaa,coi.net).
7. Termination of Agreement: Either party may terminate this Agreement for no cause
with 30 days' written notice.
8. Governing Laws: This Agreement is governed by the laws of the State of Florida,
and any provisions herein in conflict therewith shall be void and of no effect. Venue for all actions or
proceedings arising in connection with this Agreement shall be tried and litigated exclusively in the state
or federal courts located in Duval County, Florida. This choice of venue is intended by the parties to be
mandatory. Each party waives any right it may have to assert the doctrine of forum non conveniens or
similar doctrine or to object to venue with respect to any proceeding brought in accordance with this
Section.
9. Maximum Indebtedness: As required by Section 106.431, Ordinance Code, City's
maximum indebtedness for all products and services under this MOU is ZERO AND 00/100 DOLLARS
($0.00).
10. Term: The term of this MOU shall commence on the Effective Date and continue in full
force and effect for three (3) years through , 2028.
11. Indemnification and Insurance:
a. Atlantic Beach shall indemnify, defend, and hold harmless City, its officers,
employees, and agents from any claims, damages, or liabilities arising from its operations at the
Site except to the extent caused by the gross negligence or willful misconduct of City.
b. Atlantic Beach shall maintain appropriate insurance coverage, including general
liability and workers' compensation, and provide proof of coverage upon request.
IN WITNESS WHEREOF, the authorized representatives have executed this Memorandum of
Understanding on the date first above written.
ATTEST:
By:
James R. McCain, Jr.
Corporation Secretary
WITNESS:
0
Print/Type Name
Title
Form Approved:
Office of General Counsel
GC -81714919-v 1-MOU_COAB_Disaster_Debris_Management.docx
CITY OF JACKSONVILLE
By:
Donna Deegan
Mayor
CITY OF ATLANTIC BEACH
Print/fype Name
Title