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Amended Item 3B- Removal of Hurricane DebrisAGENDA ITEM: CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT Removal of Hurricane Debris from Private Roads AMENDED AGENDA ITEM 38 NOVEMBER 14, 2016 DATE: SUBMITTED BY: November14,2016 ~~~ Donald D. Jacobovitz, P.E., Public Works Director / / ._______ BACKGROUND: Hurricane Matthew left major piles of debris throughout the City of Atlantic Beach. The Public Works Department picked up the debris on all the public areas of the City, but the private areas were left without debris removal services. Typically this debris removal is the responsibility of the individual Homeowners Associations, but three Homeowners Associations within the City (Sevilla Gardens, Sevilla Condominium Association, and Paradise Preserve) asked the City to pick up their debris because it was beyond their abilities, and it meets FEMA's requirements for removal by public forces. The four requirements that must be met are as follows: • A public interest detennination; • Documentation supporting the Applicant's legal authority to remove the debris; • Indemnification; and • Assurance that there will be no duplication of benefits because of receipt of insurance A letter has been prepared for the Commission's approval that asserts these requirements have been met and asks for FEMA's approval for the City to remove the storm debris in these private developments. As with all the expenses the City has incurred from responding to Hurricane Matthew, we cannot state that the City will be reimbursed for these expenses, but approving and sending this letter to FEMA is the first step towards that reimbursement. The Public Works Department will keep the proper records required for reimbursement. BUDGET: There is no budget for this debris removal; however, the cost of removing this debris can easily be absorbed within the funds approved under the debris removal contracts already approved by the City Commission. It is expected that the total expenses to remove debris from these three communities would be approximately $10,000 without reimbursement. RECOMMENDATIONS: Approve the removal of debris from the three communities listed above and send the attached letter requesting FEMA to approve the Removal and Disposal of Debris from Private Right of Ways in the City of Atlantic Beach. ATTACHMENT: FEMA-DR-4283 Removal and Disposal ofDebris from Private Right of Ways in the City of Atlantic Beach Letter ~ REVIEWED BY CITY MANAGER:_::n____.__,{/{2_~_---=~=-------------- November 14, 2016 Mr. Terry Quarles Federal Coordinating Officer Federal Emergency Management Agency FEMA-4283-DR-FL Joint Field Office 2002St. Augustine Road Tallahassee, FL 32301 Through: Mr.Bryan Koon Director, Florida Division of Emergency Management 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 AMENDED AGENDA ITEM 38 NOVEMBER 14, 2016 Subject: FEMA-DR-4283, Removal and Disposal of Debris from Private Right of Ways in City of Atlantic Beach, Florida Dear Federal Coordinating Officer Quarles: Pursuant to the terms and conditions of the Stafford Act, 42 U.S.C. 5121 et seq., FEMA Regulations as published at 44 CFR 206.222-206.224 and the Public Assistance Program and Policy Guide FP 104-009-2, the City of Atlantic Beach, Florida hereby requests FEMA to approve the removal of debris from certain private right of ways in City of Atlantic Beach, Florida. Determination of Public Interest City of Atlantic Beach, Florida has determined that it is in the public interest to have debris removed from herein below specified private right of ways in order to eliminate immediate threats to life, public health and safety, and to eliminate threats of significant damage to improved property, and to ensure the economic recovery of the affected community to benefit the community-at-large. Due to the severity and extent of the damage from Hurricane Matthew, City of Atlantic Beach, Florida is able to perform this work in a timely manner whereas the private homeowners associations are not. Documentation of Legal Responsibility In accordance with 44 CFR 206.223(a) and Public Assistance Program and Policy Guide FP 104-009-2, in order to be eligible for FEMA Public Assistance funding, we understand that the City of Atlantic Beach, Florida must have the legal authority and responsibility to perform the work at issue in the public interest, in this case, the removal of hurricane-generated debris from certain private right of ways As noted above, the damage caused by Hurricane Matthew in City of Atlantic Beach, Florida was extensive. As a result of Hurricane Matthew my Executive Order as Mayor dated October 5, 2016, and at a meeting of the City Commission on November 14, 2016 (Attachment A.), the following determinations have been made: 1. As required by 44 C.F.R. 206.224, removal of hurricane-caused debris from certain private right of ways is necessary and in the public interest to eliminate immediate threats to life, public health and safety as determined by Duval County's Health Department's Declaration of a "Debris-related Public Health Emergency," dated XX, 2016. (Attachment B.). 2. Under the local nuisance abatement or similar ordinances of the City of Atlantic Beach, AMENDED AGENDA ITEM 38 NOVEMBER 14, 2016 and/or the powers provided to local jurisdictions by the laws of the State of Florida as enumerated and discussed in one or more opinions of the State of Florida Attorney General, the City of Atlantic Beach has the legal responsibility, duty and authority in the public interest to remove such hurricane-generated debris from private property. 3. Based upon "1" and "2" above, we have determined to exercise these authorities to enter onto specified private rights-of-way (ROW) in order to abate the declared public health nuisance and safety emergency by removing the hurricane generated debris from those right of ways. 4. I certify that before we initiate hurricane-generated debris removal, we either shall have satisfied all the legal processes and received all legal permissions to carry out these actions of debris removal through the use of Rights of Entry with indemnity clauses signed by the Homeowners Association, or if no Homeowners Association, by each property owner/lessor that uses said specified private road. 5. The City of Atlantic Beach, Florida will recognize and respect all laws and regulations that concern historic preservation and environmental protection. 6. Any reconstruction debris, vehicles, vessels, or other non-related storm debris will not be removed under this request. 7. The subject Sevilla Gardens, Sevilla Condominium Association, and Paradise Preserve Homeowners Association roads requested for this approval are: Sevilla Boulevard West, Paradise Circle, and Paradise Lane. Rights of Entry to pick up debris from these homeowner association roads were granted (Attachment C.). Indemnification As required by section 407(b) of the Stafford Act (42 U.S.C. 5173(b)), the City of Atlantic Beach, Florida hereby agrees that it shall indemnify and hold harmless the Federal Government and its respective employees, agents, contractors, and subcontractors from any claims arising from debris removal. The City of Atlantic Beach, Florida hereby acknowledges that in accordance with section 305 of the Stafford Act (42 U.S.C. § 5148), the Federal Government shall not be liable for any claim based upon the exercise or performance of or the failure to exercise or perform a discretionary function or duty on the part of a Federal agency or an employee of the Federal Government in carrying out the provisions of the Act. Duplication of Benefits To avoid duplication of benefits pursuant to section 312 of the Stafford Act (42 U.S.C. 5155),the City of Atlantic Beach, Florida will obtain from homeowners associations/private property owners information and documentation relating to any applicable insurance coverage for such debris removal, and any proceeds and settlements and provide this to the Florida Division of Emergency Management. The City of Atlantic Beach, Florida point of contact for this request is Public Works Director Donald D. Jacobovitz who may be contacted at 904-247-5875 if you require additional information. Proper Procurement The City of Atlantic Beach, Florida affirms that any contract entered into for debris removal will comply with the requirements of 2 C.F.R. § 200.318-200.336 and understands that a failure to comply with any required federal, state and local laws, regulations and permits necessary for lawful performance of debris removal could jeopardize FEMA funding. By affixing my signature hereto, I represent that I am duly authorized as Mayor to make this request. Sincerely, Mitchell E. Reeves, Mayor Concurrence: Mr.Bryan Koon, Director, Florida Division of Emergency Management AMENDED AGENDA ITEM 38 NOVEMBER 14, 2016 /. J I (" t'.......,l City of Atlantic Beach, Florida Declaration of a State of Emergency PROCLAMATION AMENDED AGENDA ITEM 38 NOVEMBER 14, 2016 WHEREAS, Hurricane Matthew threatens to disrupt normal city activities and services throughout the City of Atlantic Beach; and WHEREAS, the approach of Hurricane Matthew with potentially damaging winds, heavy rains and forecasted storm surge creates a disaster emergency endangering the safety, health and welfare of the City of Atlantic Beach, its citizens and visitors; and WHEREAS, the threat of flooding, prope1ty damage and personal injury are attendant and imminent disaster emergency conditions are expected within the next 24 hours; now therefore: BY THE AUTHORJTY VESTED IN ME BY CHAPTER 2, "ADMINISTRATION", and ARTICLE VIII. "EMERGENCY MANAGEMENT", SECTION 2-403 OF THE CODE OF ORDINANCES OF THE CITY OF ATLANTIC BEACH, I, MITCHELL E. REEVES, AS MAYOR AND I, NELSON VAN LIERE, AS CITY MANAGER OF THE CITY OF ATLANTIC BEACH, DO HEREBY DECLARE THAT: Declaration of Emergency due to Hurricane Matthew. A declaration of emergency for all sections of the City of Atlantic Beach exists because of the imminence of Hurricane Matthew. Such emergency consists of, but is not limited to flooding, high winds, property damage and injuries to residents of the City from flying debris and other conditions attendant to hurricane force winds and rain all endangering the safety, health and welfare of the City of Atlantic Beach, its residents and visitors. Declaration of a State of Emergency -Hurricane Matthew Page I of 2 AMENDED AGENDA ITEM 38 NOVEMBER 14, 2016 Term of the State of Declaration of Emergency. The state of declaration of emergency, as declared herein, shall last until such time as the threat of or danger from the emergency no longer exists. At the time it is found that the emergency no longer exists, this Declaration shall be automatically terminated however, this declaration shall not continue for longer than thhiy (30) consecutive days, fi·om the date hereof, unless renewed by subsequent declaration. Instructions to Public Safety Personnel. I hereby instruct all public safety personnel to include, but not limited to the Police Depatiment, Public Works Department, Planning and Development and JEA to exercise all authority confened by law and/or ordinance to coordinate the combined effmis of all local, state and federal authorities to alleviate this situation. Mitchell E. Reeves, MAYOR Nelson VanLiere, CITY MANAGER / /./ n:;/ Date: /D,L~/~ Time: --=-c><-----'--' ,, --"~"'-------- Donna Bartle, City Clerk Declaration of a State of Emergency-Hurricane Matthew Page 2 of 2 Mission: To protect, promote & improve the health of all people in Florida through integrated state, county & community efforts . George D. Forbes City Manager City of Jacksonville Beach 11 North Third Street Jacksonville Beach, FL 32250 Dear Mr. Forbes : Vision: To be the Healthiest State in the Nation November 1, 2016 AMENDED AGENDA ITEM 38 NOVEMBER 14, 2016 Rick Scott Governor Celeste Philip, MD, MPH State Surgeon General and Secretary As you are aware, the mission of the Department of Health in Duval County (DOH Duval) is to protect, promote and improve the health of all people in Florida through integrated state, county and community efforts. In this role, we support our local governments as they work to protect our community in the aftermath of Hurricane Matthew. Pursuant to Chapters 381 and 386 , Florida Statutes , DOH Duval has the responsibility to protect the public health including determining the existence of cond itions and nuisances injurious to health and seeking their abatement. It is my opinion as the County Health Officer, that large amounts of disaster related debris scattered throughout the County presents a potential immediate threat to life, public health or safety. This magnitude of debris acts as a potential threat to the public health as it creates conditions capable of transmitting disease , as standing debris acts as a wet receptor for mosquitoes and other arthropods carrying viruses, including but not limited to the Zika virus . This is a paramount issue for the County of Duval, which is currently under a Declaration of Public Health Emergency by the State Surgeon General for the Zika virus. The debris can also be an impediment to essential public safety services, such as fire and rescue operations by blocking access to fire hydrants, obstructing the view of house numbers and preventing first responders from access to those trying to use their services. The debris presents a risk of becoming airborne and causing more damage and potential injury during a subsequent storm, and also may be an obstacle in preventing repairs to buildings or property, thus slowing the recovery effort of the community at large . As such, it is my recommendation that debris should be removed from private and public property , including roadways, without delay . Thank you for your continued support of public health in Duval County . Florida Department of Health Duval County -Office of the Director 900 University Bou leva rd North. 7"' Floor (M C-33 ) Jacksonville. FL 32211-9203 PHONE: 904/253-1010 • FA X: 904 /253-274 3 FloridaHealth.gov Sincerely, ~~~ •. ~~L~ Director Accredited Health Departme nt Publ ic Health Accreditat ion Boa rd ROE No.: GPS: AMENDED AGENDA ITEM 38 NOVEMBER 14, 2016 Internal Use Onlv -r -~----~-------_" __________ •---- 1 uil-j Long. Right-of-Entry (ROE) Form Instructions: Please fill in the requested information and execute the document on the second page. Property Owner's Information Otis C Gregg President of Sevilla Gardens HOA and Owner Name: Board Member of Sevilla Condominium Association) Street Address: 1954 Sevilla Blvd W. (1800 Sevilla Blvd) City: Atlantic Beach State: FL Phone: Primm)' 904-246-0978 \ Altemate Y04-716-8751i Insurance Co.: N/A (Board Liability Ins only) Policy No.: NIA 1. Grant of Right-of-Entry: The undersigned ("Owner") hereby authorizes the City of Atlantic Beach ("City"), Duval County ("County"), the State of Florida ("State"), the United States Government including, but not limited to, the Federal Emergency Management Agency ("FEMA") and the United States Anny Corps of Engineers ("USACE"), and the City's Debris Removal Contractor ("Debris Removal Contractor"), and their respective assigns, employees, agents, and subcontractors (collectively, the "Assistance Providers") to have the right of access and to enter in and onto the property described above for the purpose of removing disaster debris ("Services"). It is fully understood that this Right-of-Entry Permit ("ROE") does not create any obligation on the part of the Assistance Providers to perform Services measures to the Property. Owner understands that no Services will be perfonned until this ROE is completed in full. 2. Time Period: The ROE shall expire 90 days after this fonn is signed, unless sooner cancelled according to the terms herein. 3. Hold Har·mless: The Owner understands that this Right-of-Entry is not an obligation upon the government to perform debris removal. The Owner agrees to indemnify and hold hannless the City, the County, the State, United States Government, the USACE, FEMA, and the Debris Removal Contractor and their respective assigns, employees, agents, and subcontractors, for damages of any type whatsoever, either to the above described property or to persons situated thereon. Owner recognizes that 42 USC § 5148 states: "The Federal Govemment shall not be liable for any claim based upon the exercise or perfonnance of or the failure to exercise or perform a discretionary function or duty on the part of a Federal agency or an employee of the Federal Government in canying out the provisions of this chapter." The Owner releases, discharges, and waives any action, either legal or equitable, that might arise by reason of any action of the above entities. 4. Duplication of Benefits: Most homeowner's insurance policies have coverage to pay for removal of disaster debris. The Owner also understands that the Owner must provide to the City a copy of the proof/statement of loss from the Owner's insurance company ("Insurance Company"). The Owner understands that Federal law (42 United States Code 5155 et seq.) requires the Owner to reimburse the United States Government, through the City, the cost of debris removal to the extent covered by the Insurance Company. If the Owner has received payment, or when the Owner receives payment, for debris removal from the Insurance Company, or any other Right-of-Entry (ROE) Form -I AMENDED AGENDA ITEM 38 NOVEMBER 14, 2016 -------------1 Internal Use O~t!)' ROE~o.: ~1.~- GPS: i Lat. source, the Owner agrees to notify and send payment and proof/statement of loss to the City for final recovery by FEMA. In the event, the insurance proceeds are less than the cost of Services perfonned by the City, the Owner will not be responsible for the difference. The Owner understands that all disaster related funding, including that for debris removal from private prope1ty, is subject to audit. 5. Miscellaneous: a. Owner represents and warrants that Owner has full power and authority to execute and fully perform Owner's obligations under this ROE. If Owner is an entity, Owner also represents and warrants that Owner has such power and authority pursuant to its governing instruments, without the need for any further action, and that the person(s) executing this ROE on behalf of Owner are the duly designated agents of Owner and are authorized to do so. h. The Owner will mark any sewer lines, septic tanks, water lines, and utilities located on the described property. (Based on scope o.fwork.for debris pick-up, no markings will be made.) c. Legal Authority: 10 U.S.C. § 3013; The Robert T. Stafford Disaster Relief and Emergency Assistance Act as amended, 42 U.S.C. §§ 5121-5207; 4 U.S.C. §§ 2904 and 2906; 4 C.F.R. § 206.2(a)(27). d. Information is collected to make it possible for the Assistance Providers to enter the Owner's property and perfonn Services. Infonnation submitted will be shared with other government agencies, Federal and nonfederal, their contractors, subcontractors and employees, as well as with voluntary agencies performing inspections and/or emergency protective, for official use only in accordance with the purposes stated in this ROE. Signature(s) For the considerations and purposes set f01th herein, I hereby acknowledge by my dated signature below. Sit,rnature 1: Print Name1:0tis C Date 1: Novemher4, Signature2 : N/A Gregg Print Name2 : 2016 ... Right-of-Entry (ROE) Form-2 -·· ·-------·· ·-· ROE No.: , ___ ----·· GPS: Lat. Right-of-Entry (ROE) Form AMENDED AGENDA ITEM 38 NOVEMBER 14, 2016 Intcrnal_!!se OJ_tl)' j Long. Instructions: Please fill in the requested infonnation and execute the document on the second page. 1. Grant of Right-of-Entry: The undersigned ("Owner") hereby authorizes the City of Atlantic Beach ("City"), Duval County ("County"), the State of Florida ("State"), the United States Govemmcnt including, but not limited to, the Federal Emergency Management Agency ("FEMA") and the United States Army Corps of Engineers ("USACE"), and the City's Debris Removal Contractor ("Debris Removal Contractor"), and their respective assigns, employees, agents, and subcontractors (collectively, the "Assistance Providers") to have t11e right of access and to enter in and onto the property described above for the purpose of removing disaster debris ("Services"). It is fully understood that this Right-of-Entry Pennit ("ROE") does not create any obligation on the pm1 of the Assistance Providers to perform Services measures to the Property. Owner understands that no Services will be perfonned until this ROE is completed in full. 2. Time Period: The ROE shall expire 90 days after this form is signed, unless sooner cancelled according to the tenns herein. 3. Hold Harmless: The Owner understands that this Right-ot:.Entry is not an obligation upon the govemment to perfonn debris removal. The Owner agrees to indemnify and hold harmless the City, the County, the State, United States Government, the USACE, FEMA, and the Debris Removal Contractor and their respective assigns, employees, agents, and subcontractors, for damages of any type whatsoever, either to the above described property or to persons situated thereon. Owner recognizes that 42 USC § 5148 states: "The Federal Govemment shall not be liable for any claim based upon the exercise or performance of or the failure to exercise or perfonn a discretionary function or duty on the part of a Federal agency or an employee of the Federal Govenunent in carrying out the provisions ofthis chapter." The Owner releases, discharges, and waives any action, either legal or equitable, that might arise by reason of any action of the above entities. 4. Duplication of Benefits: Most homeowner's insurance policies have coverage to pay for removal of disaster debris. The Owner also understands that the Owner must provide to the City a copy of the proof/statement of loss fi·om the Owner's insurance company ("Insurance Company"). The Owner understands that Federal law (42 United States Code 5155 et seq.) requires the Owner to reimburse the United States Government, through the City, the cost of debris removal to the extent covered by the Insurance Company. If the Owner has received payment, or when the Owner receives payment, for debris removal fi·om the Insurance Company, or any other source, the Owner agrees to notify and send payment and proof/statement ofloss to the City for final recovery Right-ot:.Entry (ROE) Form-1 ROE No.: GPS: AMENDED AGENDA ITEM 38 NOVEMBER 14, 2016 IntC!flal Usc Onl)' -]Tong. by FEMA. In the event, the insurance proceeds are less than the cost of Services performed by the City, the Owner will not be responsible for the difference. The Owner understands that all disaster related funding, including that for debris removal fl-om private property, is subject to audit. 5. Miscellaneous: a. Owner represents and warrants that Owner has full power and authority to execute and fully perform Owner's obligations under this ROE. If Owner is an entity, Owner also represents and warrants that Owner has such power and authority pursuant to its governing instruments, without the need for any fwiher action, and that the person(s) executing this ROE on behalf of Owner are the duly designated agents of Owner and are authorized to do so. b. The Owner will mark any sewer lines, septic tanks, water lines, and utilities located on the described property. c. Legal Authority: 10 U.S.C. § 3013; The Robert T. Stafford Disaster Relief and Emergency Assistance Act as amended, 42 U.S.C. §§ 5121-5207; 4 U.S.C. §§ 2904 and 2906; 4 C.F.R. § 206.2(a)(27). d. Information is collected to make it possible for the Assistance Providers to enter the Owner's property and perf01m Services. Infonnation submitted will be shared with other government agencies, Federal and nonfederal, their contractors, subcontractors and employees, as well as with voluntary agencies performing inspections and/or emergency protective, for official use only in accordance with the purposes stated in this ROE. Signaturc(s) For the considerations and purposes set forth herein, I hereby acknowledge by my dated signature below. /"0// Signature 1: --·(/~/ Signature2 : ---""------t--1\+---------------'='-------------·-·--···-~-~-·-· ··- Print Name 1: U~'-crL~-Print Name2 : ------'--~+-'~_].."---=----'-=---'=====-----"--"---'----------------···-----·· --- Date': Date2 : Right-of-Entry (ROE) Form -2