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2017-149-3254 - Hurricane Irma RestorationRESOLUTION NO. 2017-149-3254 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, APPROVING THE CITY OF MIAMI GARDENS HURRICANE RESTORATION PLAN ATTACHED HERETO AS "EXHIBIT 1"; AUTHORIZING THE EXPENDITURE OF UP TO ONE MILLION DOLLARS ($1,000,000.00) IN RESERVE FUNDS FOR THIS PURPOSE; AUTHORIZING A WAIVER OF COMPETITIVE BIDDING REQUIREMENTS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. Whereas, on October 2, 2013, the City entered into a nonexclusive contract with Ashbritt, Inc. to perform emergency debris removal and disposal services, and WHEREAS, on August 29, 2015, the City entered into a contract with Witt O'Brien for debris monitoring activities, and WHEREAS, the City was recently affected by Hurricane Irma, which left catastrophic effects in the City requiring cleanup, and WHEREAS, immediately afterwards, the City mobilized Ashbritt and Witt O'Brian to conduct the "first push" to move debris from roadways within the City, and WHEREAS, in accordance with Miami-Dade County's Debris Management Program ("Program") of which the City is a member, the City has the option of continuing its own debris management efforts or allowing the County to manage those efforts, and WHEREAS, the City still has debris and trash on the swales of many of its roadways, and WHEREAS, Ashbritt has indicated to the City that it is not able to assist the City in its cleanup efforts, and WHEREAS, two (2) funding sources exist to provide the funds necessary to undertake hurricane preparedness and restoration in the future; General Fund Reserves and Community Development Block Grant (GDBG) funds, and WHEREAS, adequate funding for both Emergency Work and Permanent Work will be at least $1 million, and WHEREAS, the estimate for Emergency Work is $558,768.47 or $223,507.39, and although all estimates for Permanent Work are unknown, the balance of the allocation would be used to cover repairs prior to receipt of insurance proceeds for damage to City Hall and other City-owned facilities, and WHEREAS, the City Manager is asking for authorization to opt out of the County's Program; to waive competitive bidding procedures in order to enter into a contract with a vendor to conduct debris removal and other services in accordance with Section 2-757(a) of the City's Code; and authorize the City Manager to expend up to One Million Dollars ($1,000,000.00) in reserve funds to carry out this request, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA AS FOLLOWS: Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas paragraphs are hereby ratified and confirmed as being true, and the same are hereby made a specific part of this Resolution. Section 2: APPROVAL: The City Council of the City of Miami Gardens hereby approves the City of Miami Gardens Hurricane Restoration Plan attached hereto as "Exhibit 1"; RESOLUTION NO. 2017-149-3254 Section 3: AUTHORIZATION; The City Council hereby authorizes the expenditure of up to One Million Dollars ($1,000,000.00) for this purpose and further authorizes a waiver of competitive bidding in accordance with Section 2-757 (a) of the Code of Ordinances to allow the City to contract with a vendor to assist with the City's cleanup efforts. Section 4: EFFECTIVE DATE: This Resolution shall take effect immediately upon its final passage. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON October 11, 2017. OLIVER GILBERT, III;TO:7T5R ATTEST: RONETTA TAYLOR,^MC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY SPONSORED BY: CAMERON D. BENSON, CITY MANAGER Moved by: /Ji),! h a mS Seconded by: VOTE: "7 -tP Mayor Oliver Gilbert, III t/ (Yes) (No) Vice Mayor Erhabor Ighodaro, Ph.D. (Yes) (No) Councilwoman Lisa C. Davis (Yes) (No) Councilman Rodney Harris ^ (Yes) (No) Councilwoman Lillie Q. Odom (Yes) (No) Councilwoman Felicia Robinson (Yes) (No) Councilman David Williams Jr <--^(Yes) (No) RESOLUTION NO. 2017-149-3254 18605 NW 27 Avenue Miami Gardens, Florida 33056 Page 1 of 2 City of Miami Gardens Agenda Cover Memo Council Meeting Date: October 11, 2017 Item Type: (Enter X in box) Resolution Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading X Public Hearing: (Enter X in box) Yes No Yes No Funding Source: City of Miami Gardens General Fund Reserve Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: X Sponsor Name: Cameron Benson, City Manager Department: Short Title: Staff Summary: BACKGROUND On October 2, 2013, the City Council entered into a non-exclusive contract with Ashbritt, Inc. to perform Emergency Debris Removal & Disposal Services following a major weather event. In conjunction with the emergency debris removal contract, on August 29, 2015, the City entered into a contract with Witt O’Brian for debris monitoring activities. Last month, Hurricane Irma (Irma) affected the entire state of Florida. Irma was an extremely powerful and catastrophic storm. It was the strongest observed in the Atlantic since Hurricane Wilma (Wilma) in 2005 in terms of maximum sustained winds. The City of Miami Gardens experienced damage in each of its neighborhoods. Early estimates show nearly 100% of the area’s homes and businesses were affected. Immediately following the storm, the City mobilized both Ashbritt and Witt O’ Brian in order to conduct the “first push” to remove debris from priority roadways in the City within the first seventy-two (72) hours following the storm event. In accordance with Miami-Dade County’s Debris Management for Municipalities in the Waste Collection Service Area Program (Program), the City has the option to continue its own debris management efforts or to allow the County to manage these activities. 18605 NW 27 Avenue Miami Gardens, Florida 33056 Page 2 of 2 CURRENT SITUATION Staff has contacted both companies (Ashbritt, Inc. for Debris Removal and Witt/O’Brien’s for Debris Monitoring) regarding assistance in expediting the hurricane restoration process. In a letter dated September 25, 2017, Witt/O’Brien’s has committed to “providing the highest quality debris monitoring services to you [the City] under contract.” However, Ashbritt indicated due to their involvement in cleanup and commitment of equipment and resources in others cities throughout the state; they would be unable to assist the City in its efforts at this time; however if equipment became available they are willing to assist in cleanup efforts for the City. In order for the City to proceed with conducting its own hurricane restoration efforts including debris removal, monitoring, disposal and structural repair to City owned facilities, staff is seeking (1) authorization to opt-out of the Program; (2) authorization to waive the competitive bidding procedures in order to enter into an agreement(s) with a certified vendor to conduct debris removal and other related services, in accordance with the City of Miami Gardens Code of Ordinances, Section 2-757(a); and (3) authorization to expend up to $1 million from General Fund Reserves to carry-out all things necessary to complete the aforementioned activities. Proposed Action: It is recommended that the City Council approve (1) authorization to opt-out of Miami-Dade County’s Debris Management for Municipalities in the Waste Collection Service Area Program; (2) authorization to waive the competitive bidding procedures in order to enter into an agreement(s) with a certified vendor to conduct debris removal, in accordance with the City of Miami Gardens Code of Ordinances, Section 2-757(a); and (3) authorization to expend up to $1million from General Fund Reserves to carry-out all thing necessary to complete the aforementioned activities. Attachments: Exhibit 1 – City of Miami Gardens Hurricane Restoration Memorandum 1 City of Miami Gardens 18605 NW 27th Avenue Miami Gardens, Florida 33056 Mayor Oliver Gilbert Vice Mayor Erhabor Ighodaro, Ph.D. Councilwoman Lisa C. Davis Councilman Rodney Harris Councilwoman Lillie Q. Odom Councilwoman Felicia Robinson Councilman David Williams Jr. MEMORANDUM TO: Cameron Benson City Manager FROM: Craig Clay Assistant City Manager DATE: October 9, 2017 RE: Hurricane Restoration Background and History Hurricanes create tremendous challenges for all involved. A hurricane is a tropical cyclone that occurs in the Atlantic Ocean and northeastern Pacific Ocean. Florida is situated on a peninsula between the Gulf of Mexico and the Atlantic Ocean. Our unique location and temperature make us the most hurricane-prone state with sub-tropical or tropical water on a lengthy coastline. Last month, Hurricane Irma (Irma) affected the entire state of Florida. Irma was an extremely powerful and catastrophic storm. It was the strongest observed in the Atlantic since Hurricane Wilma (Wilma) in 2005 in terms of maximum sustained winds. It was also the most intense hurricane to strike the United States since Hurricane Katrina (Katrina), also in 2005, and the first major hurricane to make landfall in Florida since Wilma. Irma’s devastation was witnessed throughout the entire state of Florida. The storm was over 400 miles wide (the entire State of Florida is slightly over 100 miles wide) with hurricane force winds stretching over 70 miles and tropical storm force winds stretching about 250 miles. All sixty-seven (67) counties in the State of Florida were impacted. The City of Miami Gardens experienced damage in each of its neighborhoods. Early estimates show nearly 100% of the area’s homes and businesses were affected. Many neighborhoods experienced prolonged power outages causing issues for the City’s vulnerable population. Hurricane restoration is an extensive process and many organizations and individuals are called upon to provide services. Miami-Dade County sources mention it took approximately ninety (90) days to process and remove all debris from roadways after Wilma. Actions must be swift, yet deliberate and calculated. The Federal Emergency Management Agency (FEMA) is the primary provider of aid and assistance to individuals, families and local government. FEMA provides a number of services for individuals and families in the form of the following depending on the extent of damages and circumstances: 2  Rental payments for temporary housing for those whose homes are unlivable.  Grants for home repairs and replacement of essential household items not covered by insurance to make damaged dwellings safe, sanitary and functional.  Grants to replace personal property and help meet medical, dental, funeral, transportation and other serious disaster-related needs not covered by insurance or other federal, municipal and charitable aid programs.  Unemployment payments up to 26 weeks for workers who temporarily lost jobs because of the disaster and who do not qualify for state benefits, such as self-employed individuals.  Low-interest loans to cover residential losses not fully compensated by insurance.  Loans up to $2 million for small businesses, small agricultural cooperatives and most private, non-profit organizations of all sizes that have suffered disaster-related cash flow problems and need funds for working capital to recover from the disaster's adverse economic impact.  Other relief programs: Crisis counseling for those traumatized by the disaster; income tax assistance for filing casualty losses; advisory assistance for legal, veterans' benefits and social security matters. It is expected the impact of major storms will exceed local financial resources. When damages are extensive and federal and state assistance is justified, an emergency or major disaster declaration is issued and various emergency and disaster programs are made available to local governments. Federal assistance is typically on a shared cost basis. For Irma, the shared cost formula is currently 75% Federal; 12.5% State; and 12.5% Local. President Donald Trump is considering an executive order increasing the federal share to 90%. If the order is signed, the State and Local share would potentially drop to 5% each. Once eligibility is established it is imperative to understand all reimbursement is based on the supporting documentation. The documentation must be able to stand the test of audit. Failure to properly document costs may result in part or an entire claim being ineligible for reimbursement. The work most often reimbursed is “Emergency Work”. This work is performed immediately to save lives, to protect property, and to restore or protect the public health and safety. Emergency Work generally contains two categories: Debris Clearance and Monitoring (Category A) and Protective Measures (Category B). Agencies may claim expenses for personnel; expenses for equipment; rental equipment, etc. It is possible for certain types of claims to be made under the “Permanent Work” category. This includes certain damages or losses of facilities and equipment; however, these costs are more commonly reimbursed through insurance. City Work The City began hurricane preparations immediately after the storm track demonstrated a clear path toward the south Florida area. Storm teams were mobilized; police resources were alerted and set to move to the Alpha-Bravo shift once conditions worsened. Announcements were made to members of the community to evacuate or make sure they positioned themselves in a safe place away from the coast and as far inland as possible. Preparations were completed and after the storm passed, the City immediately began hurricane restoration. Since 2005, the City has participated in the Miami-Dade County Debris Management for Municipalities in the Waste Collection Service Area Program (Program). The Program lays out the responsibilities for those municipalities served by the County for solid waste collection and who participate in the County’s debris management program. There are six (6) cities participating in the County’s debris management program; Aventura, Cutler Bay, Miami Lakes, Palmetto Bay, Sunny Isles Beach and Miami Gardens. In this program, the City is responsible for assisting with the “first push”. The County has set a goal to clear priority roads within seventy-two (72) hours. Priority roads are arterial and ½ Section Line Roadways. Other local County-owned roadways should be cleared within the 1st week following a storm event. Cities 3 participating in the program are responsible for clearing city-owned streets within the same timeframe delineated above. County Process Miami-Dade County (County) has a pool of debris removal contractors and a monitoring company under contract to support its debris management program. The County provided a set of rules for municipalities participating in their Debris Management Program:  Do not move or allow others to move debris from the rights-of-way to other areas without permission from a County official (e.g., parking lot, empty lot, play area, common area, etc.).  Attempt to prevent residents from combining commercial debris and residential debris – keep these separated.  The County will not be removing commercial debris without written authorization from FEMA. Commercial businesses are responsible for their own debris removal.  Avoid removing debris from private roads. Debris from private roads may not be reimbursed by FEMA. The County is continuing to work through its debris management plan in the City of Miami Gardens. Currently, the County has completed or is in the process of completing 41% of the City based on the below Public Works/Police District grid. Areas depicted in green have been completed. Areas depicted in blue are in process. Areas in yellow are pending. Orange shaded areas are responsible for their own debris removal. Figure 1 4 Opting-Out/Supplemental Services A municipality is given the ability to “opt-out” of the County’s program. If a municipality is planning to opt-out of the County’s debris management program, they must hire their own debris removal contractor(s) and monitoring company. Opt-out cities are also responsible for obtaining reimbursement from FEMA for their debris removal and monitoring activities. The City has not decided to opt-out of the County’s program. As mentioned above, several requirements are necessary to manage the program internally. Written contact must be made to the County alerting them of the decision immediately. This will avoid County and municipal contractors being assigned to the same area. A debris removal contractor and monitoring company must be hired. Request for Proposals (RFP) 12-13-036 is in place for Emergency Removal and Disposal Services. In the past, this contract has been used for assistance with the “first push” process documented earlier. RFP 15-16-038 is also in place for Disaster Debris Monitoring Services. Municipal debris management contractors may use County disposal facilities for debris disposal, but only for disposal by weight – not by volume. The contractor must be able to measure cubic yards and the monitoring company must be satisfied with the measurement. The cubic yard metric is the metric used for reimbursement. The municipal contractor may not deliver debris to County staging sites. The City has an approved debris management staging site located at NW 183rd Street and NW 14th Avenue. This is a 6.02 acre site directly south of Rolling Oaks Park (see below) Staff has contacted both companies (Ashbritt, Inc for Debris Removal and Witt/O’Brien’s for Debris Monitoring) regarding assistance in expediting the hurricane restoration process. In a letter dated September 25, 2017, Witt/O’Brien’s has committed to “providing the highest quality debris monitoring services to you [the City] under contract.” Subsequent to receipt of this letter, the Administration contacted the debris removal contractor to request a proposal for immediate mobilization into the City of Miami Gardens if we elected to opt-out or supplement the County’s services. Ashbritt indicated due to their involvement in cleanup and commitment of equipment and resources in other cities throughout the state; they 5 would be unable to assist the City in its efforts at this time. The message did indicate they would be willing to assist if equipment and human resources became available. Cost Comparison and Analysis Impact of Opting Out We are unable to calculate the potential costs for Emergency Work and Permanent Work for Irma at this point. The City is gathering and analyzing its potential claims for Category A and Category B Emergency Work and continues to analyze and assess damage to all City owned facilities. Insurance claims have been submitted for the Permanent Work; however, financial estimates for the approximately thirty-five (35) work items are still being calculated. The majority of the claims are for the City Hall complex. Other City-owned buildings are being evaluated and reviewed for damages as well. Although complete financial data is unavailable at this time for Irma, comparison data from Wilma can be used to estimate the potential cost impact of Irma. The City submitted three (3) Project Worksheets (PWs) for Hurricane Wilma (Project #76; Project #4581; and Project #4592). These were all Category A, debris removal PWs. The total amount submitted was $4,470,147.75. Wilma and Irma were very similar in nature and impact to the south Florida region and an assumption using this data is the best option for estimating the financial requirements of Irma. If we use the shared cost percentages previously highlighted, the City would ultimately be responsible for 12.5% of the final costs. Using the comparison data this would result in a cost of $558,768.47 not eligible for reimbursement. If President Trump approves the executive order, the City assumes the cost share percentage applicable to local governments in Florida will be 5% or $223,507.39. This analysis makes very broad assumptions: (1) PWs submitted would be very similar to those submitted for Hurricane Wilma; (2) all work would be reimbursed based on the appropriate documentation and claims would not be “de-obligated” after review; (3) the analysis does not include other work which could have been claimed but wasn’t; and (4) the effects of the City’s exponential growth over the last twelve (12) years and its impact on additional services necessary for hurricane restoration. 1. PWs submitted – Hurricanes Wilma and Irma were very similar and it is likely the City would submit similar reimbursement documentation. 2. All work reimbursed – The City has had approximately $525,000 in claims de- obligated for storms Katrina and Wilma in the last two years. Although these storms are now twelve (12) years old, it is common for the federal review process to take many years. 3. Other work claimed – The City must do a better job in calculating pre-preparedness claims for personnel costs and other costs outside of debris removal. 4. Growth cost increases – Although the City has not annexed any lands outside of the twenty (20) square miles originally incorporated, many structures both public and private have been built since 2005 and could impact hurricane restoration efforts. In the future, the City must be prepared to front load all costs prior to reimbursement. This would include costs for hurricane preparation, operations during the storm and of course hurricane restoration. Two (2) funding sources exist to provide the funds necessary to undertake hurricane preparedness and restoration in the future: General Fund Reserves and Community Development Block Grant (CDBG) funds. Adequate funding for both Emergency Work and Permanent Work will be at least $1 million. The aforementioned estimate for Emergency Work is $558,768.47 or $223,507.39. Although all estimates for Permanent Work are unknown, the balance of the allocation would be used to cover repairs prior to receipt of insurance proceeds for damage to City Hall and other City-owned facilities. The City currently maintains unrestricted reserves of $13,154,884 or approximately 18.6% of its general fund expenditures. Expending reserves to cover the aforementioned costs would result in a reduction of general fund reserves to $12,154,884 or approximately 17.2% of general fund expenditures. 6 Note: the fund balance/reserve calculations above use the most recently completed financial statements (FY2016). CDBG grantees may elect to use their CDBG funds for emergency, short term assistance when such activities are not fully funded by FEMA or other sources. Typical activities which may not be fully covered by FEMA, such as debris removal would often qualify as an interim assistance activity under the CDBG program. Interim assistance activities under subsection 570.201(f)(2) can be undertaken to alleviate emergency conditions. A determination must be made that emergency conditions exist that threaten the public health and safety and require immediate resolution. Plan Moving Forward The details above capture the essential elements of hurricane restoration efforts to date. Several steps can be taken to mobilize and opt-out of the County’s Program to complete restoration efforts internally.  The first plan of action would be to initiate the funding process by requesting approval from the City Council to access general fund reserves. There are some technical items which need to be addressed to access CDBG funds. Due to the timing of the decision to move forward without the County, CDBG may best be reserved for future use with other storms.  The contract for Emergency Removal and Disposal Services was only awarded to one (1) vendor. This vendor (Ashbritt) is unable to mobilize resources due to the volume of work they have received. There were seven (7) responders to the RFP. At least two other bidders based on the rankings should be added to the contract to serve as a secondary and a tertiary vendor. Since the primary is unable to provide services, we would be able to move to a second or third choice. Emergency procurement rules will allow the City to negotiate terms with other debris removal vendors in support of this effort. Staff will need to review the contract documents if approval is given by Council.  The debris monitoring company stands ready to assist. The monitoring service is paramount for federal reimbursement.  Staff has also constructed a Debris Pick-Up Plan (the Plan). The Plan would be activated by Police Patrol District in combination with the Public Works grid as depicted in Figure 1 above. The Code Enforcement Division led by its Sargent would be responsible for oversight and security during debris pick-up. Please let me know if there are any questions regarding the information provided.