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RESOLUTION NO. 2006-26203
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, RATIFYING EMERGENCY EXPENDITURES TO
ASHBRITT, INC. FOR DISASTER RECOVERY SERVICES FOR HURRICANE
KATRINA, IN THE AMOUNT OF $1,264,258.32.
WHEREAS, pursuant to Section 2-396 of the Miami Beach Code entitled, "Emergency
Purchases", the City Manager, in case of an apparent emergency requiring immediate purchase of
supplies or contractual services, shall be empowered to authorize the Procurement Director to
secure by open market procedure at the lowest obtainable price, any supplies or contractual
services exceeding $25,000; and
WHEREAS, the City Manager or his designee has the authority to act in the case of an
emergency that might affect the health, safety and welfare of the City; and
WHEREAS, as part of emergency recovery efforts due to Hurricane Katrina, the City
acquired supplies and services, which procurement was essential to recovery efforts that vitally
affected the life, health, and welfare of the City's visitors and residents; and
WHEREAS, the Federal Emergency Management Agency (FEMA) provides public
assistance funds for emergency debris clearance and removal and disposal operations; and
WHEREAS, the City has an agreement, dated April 6, 2004, for disaster recovery services
with Ash Britt, Inc. (AshBritt); and
WHEREAS, during post recovery after Hurricane Katrina, Ash Britt's responsibilities
included emergency road clearance, debris removal from public rights-of-way, removal of hazardous
stumps, leaning trees/limbs, temporary debris staging areas and reduction sites, debris disposal,
hazardous waste abatement, and sand screenings; and
WHEREAS, Ashbritt's services for Hurricane Katrina amount to $1,264,258.32, for
42,392.7 cubic yards of debris removed from the City's right of ways and, as of May 3,2006, the City
has paid Ash Britt $1,202,013.97; and
WHEREAS, FEMA has reimbursed the City $973,675.75 (as of May 3, 2006) and is
expected to reimburse an additional $45,503.06; there is $1 00,692.54 that will be reimbursed by the
Federal Highway Administration (FHW A) for debris removed on State designated roads; totaling the
anticipated reimbursement of $1,119,871.35, leaving the City responsible for $144,386.97; and
WHEREAS, the City Manager approved the emergency expenditures for Hurricane
Katrina, totaling $1,264,258.32.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission
hereby ratify emergency expenditures to Ashbritt, Inc. for disaster recovery services for Hurricane
Katrina, in the amount of $1,264,258.32.
PASSED AND ADOPTED this 10th day of May
ATTEST:
~Kf~
CITY CLERK
Robert Parcher
T:IAGENDA\2006\may1006\Regular\Disaster Recovery Ratification-Reso.doc
,2006.
David Dermer
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
~~a
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Ratifying the Emergency Expenditures for Disaster Recovery Services for Hurricane Katrina
in the Amount of $1,264,258.32.
Issue:
Shall the City Commission Adopt the Resolution?
Item Summary/Recommendation:
Pursuant to Section 2-396 of the Miami Beach Code entitled "Emergency Purchases", the City Manager in
case of an apparent emergency requiring immediate purchase of supplies or contractual services, shall be
empowered to authorize the Procurement Director to secure by open market procedure at the lowest
obtainable price, any supplies or contractual services exceeding $25,000.
FEMA was authorized to provide assistance for debris removal and emergency protective measures
(Categories A and B) under the Public Assistance program, in the designated Florida disaster areas,
Hazard Mitigation throughout the State, and any other forms of assistance under the Stafford Act to be
deemed appropriate. Direct Federal public assistance was authorized for Miami-Dade County as well as for
the City of Miami Beach.
AshBritt's services for Hurricane Katrina amount to $1,264,258.32 for 42,392.7 cubic yards of debris
removed from the City's right of ways. FEMA has reimbursed the City $973,675.75 as of May 3, 2006 and
is expected to reimburse an additional $45,503.06. In addition, $100,692.54 will be reimbursed by the
FHW A for debris removed on State designated roads. This amounts to a total anticipated reimbursement
of $1, 119,871.35 leaving the City responsible for $144,386.97.
As it relates to Hurricane Wilma expenditures, the Administration is diligently working towards a resolution
of $3.5 million of services invoiced by AshBritt as emergency clear operations. FEMA has advised the City
that it will not reimburse the City for services that are not billed in accordance with contractual agreements.
The Administration has therefore, denied Ash Britt's request for payments for emergency clear operations
and debris site management and disposal (totaling $3.5 million) until such time that Ash Britt's invoices are
submitted and billed as specified in the agreement - on a cubic yard basis. At that time additional request
for reimbursement will be made to FEMA.
RATIFY THE EXPENDITURE FOR EMERGENCY RECOVERY SERVICES FOR HURRICANE KATRINA.
Advisory Board Recommendation:
IN/A
Financial Information:
$1,264,258.32
Financial Impact Summary:
$1,019,178.81
Source of
Funds:
cw
$100,692.54
$144,386.97
Federal Emergency
Management Agency
(FEMA)
Federal Highway
Administration FHW A
Sanitation Enterprise Fund
Ci Clerk's Office Le islative Trackin
Gus Lopez, ext. 6641
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MIAMIBEACH
Agenda Item
Date
RIH
5-IO-Of;,
lD MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachA.gov
COMMISSION MEMORANDUM
TO: Mayor David Dermer and Members of the City Commission
::~: ~:::'.2::zalez. Ci~ Manager 0 rD
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, RATIFYING EMERGENCY EXPENDITURES TO
ASHBRITT, INC. FOR DISASTER RECOVERY SERVICES FOR HURRICANE
KATRINA,IN THE AMOUNT OF $1,264,258.32.
ADMINISTRATIVE RECOMMENDATION
Adopt the Resolution.
AMOUNT AND FUNDING
$1,019,178.81
$100,692.54
$144.386.97
$1,264,258.32
Reimbursement by Federal Emergency Management Agency (FEMA)
Reimbursement by Federal Highway Administration (FHW A)
Sanitation Enterprise Fund
ANALYSIS
Pursuant to Section 2-396 of the Miami Beach Code entitled "Emergency Purchases", the
City Manager in case of an apparent emergency requiring immediate purchase of supplies
or contractual services, shall be empowered to authorize the Procurement Director to secure
by open market procedure at the lowest obtainable price, any supplies or contractual
services exceeding $25,000.
The City Manager or designee has the authority to act in the case of an emergency that
might affect the health, safety and welfare of the City. As part of emergency recovery efforts
due to Hurricane Katrina, the City acquired supplies and services whose procurement was
essential to recovery efforts that affected the life, health or convenience of our citizens.
In the event of an emergency, such as a Hurricane, the City would lack sufficient resources
to undertake debris recovery operations. While assistance is available from the County,
State and Federal governments, it is not sufficient to restore a community that has suffered a
catastrophic disaster. Also, the resources of the various governments are spread thin over
the affected areas, necessitating contracted private sector assistance.
During post recovery after Hurricane Katrina, the City had agreements for disaster recovery
services with Grubbs Emergency Services, Inc., (Grubbs) and AshBritt, Inc. (AshBritt). Both
agreements were entered into as a result of waivers of the competitive bidding requirements.
Ash Britt, Inc. was called upon to assist the City in its disaster recovery as a result of
Hurricane Katrina, and Grubbs was busy with providing recovery services to other
Governmental entities.
The Federal Emergency Management Agency (FEMA) provides public assistance funds for
emergency debris clearance and removal and disposal operations. Eligible applicants
include State and local governments. For both hurricanes, FEMA determined that the
damage in certain areas of the State of Florida were sufficient in severity and magnitude to
warrant a major disaster declaration under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, 42 U.S.C. 995121-5206 (the Stafford Act).
FEMA was authorized to provide assistance for debris removal and emergency protective
measures (Categories A and B) under the Public Assistance program, in the designated
Florida disaster areas, Hazard Mitigation throughout the State, and any other forms of
assistance under the Stafford Act to be deemed appropriate. Direct Federal public
assistance was authorized for Miami-Dade County as well as for the City of Miami Beach.
Ash Britt, Inc. responsibilities included emergency road clearance, debris removal from public
rights-of-way, removal of hazardous stumps, leaning trees/limbs, temporary debris staging
areas and reduction sites, debris disposal, hazardous waste abatement, and sand
screenings.
Ash Britt, Inc. provided the following services to the City of Miami Beach as part of the debris
recovery services:
. Debris Management.
Removed all hazards to life from the disaster areas. Provided clean-up,
demolition, and removal and clean-up.
. Provided a Logistical Staging Area.
Provided supplies and labor for the operations and management needed to
establish Logistical Staging Areas within the jurisdiction of the City of Miami
Beach.
. Emergency Road Clearance.
Provided the cutting, tossing, and/or pushing of debris, hanging limbs, or
leaning trees from primary roads as identified and directed by the City.
Stacked the debris off the right-of-way to allow passage of vehicles along the
primary transportation routes.
. Debris Removal from Public Right-of-Way.
The contractor provided the load and haul all debris to a City designated
Temporary Debris Storage and Reduction Site (TDSRS) or other disposable
destinations.
. Debris Separation/Reduction and TDSRS Management.
Contractor operated and managed the TDRSRS to accept and process all
event debris. Contractor performed site preparation, which included but was
not limited to:
1) buildings and/or maintenance of roads;
2) the construction of a roofed inspection tower sufficient to hold a
minimum of three inspectors;
3) environmental requirements that could include wind control
fencing, silt fencing, hazardous material containment area, and/or
water retention beams.
All debris removal and disposal is required to be processed in accordance with all local,
state, and federal rules, standards, and regulations. Processing included, but was not limited
to, reduction by tub grinding, incineration when approved by City, or other altemate methods
of reduction such as compaction. Prior to reduction, all debris was segregated between
vegetative debris, Construction and Debris, recyclable debris, white goods. and hazardous
waste.
AshBritt's services for Hurricane Katrina amount to $1 ,264,258.32 for 42,392.7 cubic yards
of debris removed from the City's right of ways. As of May 3, 2006, the City has paid
AshBritt $1 ,202,013.97. FEMA has reimbursed the City $973,675.75 as of May3, 2006 and
is expected to reimburse an additional $45,503.06. In addition, $100,692.54 will be
reimbursed by the Federal Highway Administration (FHW A) for debris removed on State
designated roads. This amounts to a total anticipated reimbursement of $1,119,871.35
leaving the City responsible for $144,386.97.
Ash Britt was responsive to the City's needs from an operational standpoint and was paid
$1,699,077.76 out of $1,734,689.79 billed for debris hauling from ROW. Of this total
amount, project worksheets were approved by FEMA for the entire amount, which will result
in an anticipated reimbursement of $1,517,853.57 leaving the City responsible for
$216,836.22.
As it relates to Hurricane Wilma expenditures, the Administration is diligently working
towards a resolution of $3.5 million of services invoiced by Ash Britt as emergency clear
operations. FEMA has advised the City that it will not reimburse the City for services that are
not billed in accordance with contractual agreements. The Administration has therefore,
denied Ash Britt's request for payments for emergency clear operations and debris site
management and disposal (totaling $3.5 million> until such time that AshBritt's invoices are
submitted and billed as specified in the agreement - on a cubic yard basis. At that time
additional request for reimbursement will be made to FEMA.
Ash Britt's contract with the City dated April 6, 2004, specifies that Work authorization costs
connected to Exhibits 'w' and "0" shall be payable based on a standard of reasonableness,
but in not circumstances shall City be liable to Ash Britt for costs that exceed reasonable
costs as determined The Federal Emergency Management Agency (FEMA).
As a result of the numerous meetings with FEMA representatives during the past six (6)
months, the Administration in an effort to provide the City Commission with as much
information as possible waited until such time that FEMA's decision relative to the amounts
that would be reimbursed to the City was finalized.
CONCLUSION
The Administration recommends that the Mayor and the members of the City Commission
ratify the cost for emergency recovery services to Ash Britt, Inc. for Hurricane Katrina, in the
amount of $1 ,264,258.32.
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