Sue ’em, fine ’em, resolve debris pickup war

The “We’re in this together” spirit Florida summoned in preparation for Hurricane Irma has disappeared in the cleanup.

Capitalism is trumping cooperation as communities compete for cleanup crews needed to clear mountains of tree limbs, toppled fences and other storm debris.

Hollywood, Plantation, Dania Beach and other Broward County cities say they can’t get the help they lined up before the storm because Miami-Dade County, the Keys and other states are paying more — more than double, in some cases — in contracts negotiated after the storm.

In other words, communities that planned ahead are finding themselves at the back of the cleanup line.

Also, equipment and crews from out of state, which could provide reinforcements, are in high demand because of Irma’s farreaching effects and the ongoing Hurricane Harvey recovery efforts in Texas. That adds to the cleanup costs and delays.

“The morning after Hurricane Irma, these contractually obligated debris-removal contractors were ‘activated,’ but they did not show up,” Hollywood Mayor Josh Levy wrote on Facebook Thursday. “If we don’t pay what the haulers can get in other counties, they will not show up to Broward.”

Given its rebuilding challenges, the hard-hit Keys ought to be first in line, we get that. Its people need some sense of normalcy to begin putting their lives back together. And Florida’s economy needs the Keys back up and running. Gov. Rick Scott made the right call Monday in sending in 400 Florida National Guard members to jump-start debris removal there.

But the governor looks weak in addressing the debris-pickup poaching war now waging among counties and cities.

When the issue arose last Thursday, Gov. Scott released a statement saying the behavior was unacceptable, that he would not tolerate it and that pickup companies willing to work for a fair price should contact the Florida Department of Transportation.

In the same press release, Attorney General Pam Bondi called on contractors to honor their promises. “Regardless of whether something is unlawful, this is a morality issue impacting fellow Floridians in a time of need,” she said.

Scott and Bondi can do better than that. It’s time to toughen up.

For starters, debris pickup companies should be held responsible for the contracts they signed before the storm.

Sure, some haulers complain they’ve lost needed subcontractors to communities willing to pay more. That’s too bad. We feel for them. But they signed a contract and they need to deliver. If that means paying their crews more, then that’s what they need to do.

If these contractors fail to deliver, they should be taken to court. While litigation is never the preferred option, government needs to hold companies accountable for contractual obligations, especially those related to emergency response. Otherwise, what’s to stop this from happening again? This is a public safety issue.

Meanwhile, Gov. Scott should better address these bidding wars.

Communities expect to be reimbursed for the cost of responding to a natural disaster. The Federal Emergency Management Agency typically reimburses about 75 percent of their costs, sometimes 90 percent. State and local taxpayers pay the rest.

As we understand it, FEMA sends the reimbursement money to the state, which deals the money out to local communities.

Here’s where Gov. Scott appears to have some leverage. Here’s where he could impose some consequences. Here’s where he could refuse to reimburse those counties and cities that pumped up prices to poach their neighbors’ pickup crews.

We tried to speak to state emergency management officials about how all this works, but apparently they’re not allowed to talk to the media. They asked us to put our questions in writing, which we did. Instead of providing specifics about how the state would resolve the cleanup disputes, we were given a two-sentence statement from the governor’s office saying the governor was fighting for consumers.

As before the storm, the governor is tightly controlling the dispersal of post-storm information, though dispersal is hardly the right word. The governor should let those closest to the work answer questions about how it all works. That’s called transparency.

Meanwhile, he should answer the call from Broward leaders and push FEMA for more flexibility in the federal reimbursement rate.

Counties and cities that did things right — with debris cleanup contracts signed before the storm — shouldn’t be penalized for the system’s breakdown. If contractors cannot be found, those who followed the rules should be able to pay more for replacements. The governor should secure the assurances they need.

It’s these emergency deals that are triggering the spikes in cleanup costs South Florida now faces.

For example, Miami-Dade County prequalified cleanup companies before Hurricane Irma, but waited until after the storm to get their bids to do the work, the Miami Herald reported Friday.

Now some Miami-Dade municipalities — struggling to get their contractors to show up — are matching what the county agreed to pay after the storm, worsening the challenge in Broward and elsewhere in Florida.

So far, FEMA has failed to address the dispute about cleanup costs. Instead, the agency is leaving it to the state to sort things out.

Scott should push FEMA to clarify an acceptable rate, since the problem extends to work in Texas, too. If FEMA refuses, the governor should at least extract a commitment that communities forced to pay more won’t be penalized.

Mounds of debris are not just neighborhood eyesores. Rotting vegetation and other debris attract rats, roaches and other pests. Plus, they provide potential projectiles for storms that could still come.

South Florida communities are right to want these hazardous mounds gone. But consequences are warranted for those who failed to follow the rules and seek to stick taxpayers with the tab.

While litigation is never the preferred option, government needs to hold companies accountable for contractual obligations, especially those related to emergency response.