2010-77 AGREEMENT BETWEEN LAKE COUNTY, FLORIDA
AND
CITY OF CLERMONT, FLORIDA
FOR
COLLECTION OF STORM DEBRIS FROM STREETS AND RIGHT -OF -WAY
This Agreement is made and entered into by Lake County, a political subdivision of the State of
Florida, herein "County" and City of Clermont, a municipal corporation in the State of Florida,
herein "Municipality.
WHEREAS, hurricanes, tornados and other similar events can cause a significant amount of
debris which needs to be hauled away from public streets and right of way, and
WHEREAS, such events are often County -wide, affecting not only Lake County Government,
but also many if not all municipal governments located in Lake County, and
WHEREAS, the Board of County Commissioners has contracted with private contractors to
provide such services to the Lake County as well as the necessary monitoring services that are
required by the Federal Emergency Management Agency (FEMA), Federal Highway
Administration (FHWA), and other Federal, State and local authorities, and
WHEREAS, it may be of benefit to municipalities in Lake County to utilize the County
contractor for work within such Municipality, and to have County provide the necessary
monitoring, accounting, and payment applications to FEMA should a federal disaster declaration
be made, and
WHEREAS, County is willing to allow its contractor to perform such work for Municipality,
and to utilize its employees to supervise such contractor, as well as to file applications with
FEMA an d/or other appropriate agencies for reimbursement should such reimbursement be
available under Federal Law.
NOW THEREFORE, IT IS agreed between County and Municipality as follows:
1) Upon receiving written request from Municipality, County agrees to collect storm debris
from municipal streets and rights -of -way using the County's contracted debris - hauling company
and monitoring consultant. Municipality shall have the right to request County to conduct debris
removal activities in all or any part of the Municipality. Should Municipality elect to have
County conduct debris removal activities in only a part of Municipality, the written request shall
specify the legal description where removal shall occur. Municipality shall not conduct debris
removal activities in areas of Municipality where it has requested that County perform this
service. County shall not perform debris removal activities in Municipality other than along
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county maintained roads, unless requested by Municipality. After written request from
Municipality to proceed, Municipality shall have the right to terminate its request by providing
written notice to County, however, in such case, Municipality shall be responsible for any costs
and expenses incurred by County up to the date of termination.
2) In most cases, it is anticipated that FEMA and/or other appropriate agencies will be
reimbursing a portion of the cost of such storm debris hauling services. In addition, it is
anticipated that the State of Florida may also cover some of the remaining cost. County agrees
that it shall make any payments necessary in order to have the debris hauled and monitored by its
contractors, pending Federal and/or State reimbursement. Municipality agrees to reimburse
County its share of the debris collection cost not covered by FEMA or the State. The calculation
of each Municipality's share will be determined by the actual volume of material collected
within the corporate limits of the Municipality based on trip sheets generated by site monitors at
the time debris is delivered to County- designated collection sites. It is understood that Federal
and/or State reimbursement and auditing activities may take several years after the event and
debris removal before a final resolution occurs; at the time such final resolution occurs, County
and Municipality shall agree on a complete accounting and share of costs for such debris
removal.
3) Vegetative debris must be loose, not bagged; to ensure only vegetative debris is present
(no garbage, metal, etc.) as this can damage the mulching machines. The size of the individual
debris (i.e., tree limbs) should be manageable . Class III debris (construction debris such as
shingles, wood, drywall, glass, etc. as defined by FAC 62 -701) and tree stumps may not be
picked up unless Federal and/or State Agencies have authorized such pick up.
Federal and State Agencies generally will not reimburse debris removal activities from private
property and will only reimburse removal of eligible debris as determined by the Agency.
County will not instruct its contractors to remove ineligible debris or debris from private
property unless Municipality has agreed in writing to be responsible for the full cost of such
removal and disposal.
4) County shall submit to Federal and/or State agencies applications for reimbursement for
all debris picked up by County contractors within municipal limits. If Municipality has other
expenses for debris removal which were expended outside this Agreement, Municipality shall
submit those expenses separately to appropriate Federal and/or State agencies. Municipality
shall provide to appropriate Federal and/or State agencies documentation to support such
expenses and to show that such expenses do not duplicate expenses submitted by the County.
5) This is the entire agreement of the parties. Any amendment to this Agreement must be in
writing and executed by both parties. This Agreement supersedes and replaces any prior
agreement relating to this subject between the parties.
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6) This agreement may be terminated by the Municipality upon 30 (thirty) days written
notice. County may terminate agreement upon 60 (sixty) days written notice. Should either
party terminate this Agreement after debris removal activities (including staging and actual
debris removal) such party shall be liable to the other for any costs and expenses incurred up to
the date of termination.
This Agreement is effective on the date it has been executed by both parties hereto.
COUNTY
BOARD OF COUNTY COMMISSIONERS
LAKE COUNTY, FLORIDA
fir , Welton G. Cadwell, Chairman
ATTEST: c r
Thisa day of Se2p -1---- 2010.
sN .-K 11y, Clerk .;t e
1 Board "of County L . u.. issioners
af�Lake County,.Florida
_
Approved as to form and legality:
Melanie Marsh
Acting County Attorney
CITY
77
old S. Turville, Jr., Mayor
This /0 day of 1 2010.
ATT ST: /
Tracy Ackroyd, Ci Jerk
� 5 . yr r ' N.a t
A. ove. .rm •. • k _
k' `
"�
• ' ' . ' • I tzaris, City Attorne A _
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