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RESOLUTION RATIFYING THE COUNTY MAYOR�S OR COUNTY MAYOR�S DESIGNEE�S EXECUTION OF STATE SOVEREIGNTY LANDS EASEMENT NUMBER 130235776; THE MEMORANDUM OF AGREEMENT NUMBER OCS-A0481 BETWEEN THE BUREAU OF OCEAN ENERGY MANAGEMENT, REGULATION AND ENFORCEMENT, THE U.S. ARMY CORPS OF ENGINEERS AND MIAMI-DADE COUNTY; AND AN AGREEMENT BETWEEN THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION AND MIAMI-DADE COUNTY FOR THE PURPOSES OF IMPLEMENTING A FEDERAL BEACH RENOURISHMENT PROJECT TO BE FUNDED IN PART WITH BUILDING BETTER COMMUNITIES GENERAL OBLIGATION BOND FUNDS IN THE AMOUNT OF $250,000; AND AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO EXERCISE ANY AND ALL OTHER RIGHTS CONTAINED THEREIN

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WHEREAS, this Board desires to accomplish the purposes outlined in the accompanying memorandum, a copy of which is incorporated herein by reference; and

WHEREAS, this Board has adopted Resolution No. R-613-11, authorizing the County Mayor or County Mayor�s designee to administer County business during the Board of County Commissioners� 2011 summer recess as provided therein, and has directed that all actions taken pursuant to such authority be submitted to this Board for ratification at its October 4, 2011 meeting,

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board ratifies the County Mayor�s or County Mayor�s designee�s execution of State Sovereignty Submerged Lands Easement Number 130235776; the Memorandum of Agreement Number OCS-AO481 between the Bureau of Ocean Energy Management, Regulation and Enforcement, the U.S. Army Corps of Engineers, and Miami-Dade County; and an agreement between the Florida Department of Environmental Protection and Miami-Dade County for the purposes of implementing a Federal beach renourishment project; authorizes the County Mayor or County Mayor�s designee to execute amendments to these agreements for time extension; and authorizes the County Mayor or County Mayor�s designee to exercise the provisions contained therein.

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Date:

To: Honorable Joe A. Martinez, Chairman
and Members, Board of County Commissioners

From: Carlos A. Gimenez
Mayor

Subject: Resolution Ratifying the County Mayor�s or County Mayor�s Designee�s Actions of Executing Three Documents for the Purposes of Implementing a Federal Beach Renourishment Project

STAFF RECOMMENDATION
Recommendation
It is recommended that the Board of County Commissioners approve the attached resolution ratifying the County Mayor�s or County Mayor�s designee�s execution of (1) the State Sovereignty Submerged Lands Easement Number 130235776; (2) the Memorandum of Agreement Number OCS-A0481 between the Bureau of Ocean Energy Management, Regulation and Enforcement (BOEMRE), the US Army Corps of Engineers and Miami-Dade County; and (3) an agreement between the Florida Department of Environmental Protection (FDEP) and Miami-Dade County for the purposes of implementing a Federal beach renourishment project administered by the US Army Corps of Engineers.

Scope
The subject beach restoration projects will occur within Commissioner Barreiro�s District 5.

Fiscal Impact/Funding Source
State Sovereign Submerged Lands Easement Number 130235776 and Memorandum of Agreement Number OCS-A0481 provide authorization to utilize State and Federal lands for the implementation of the above-mentioned beach renourishment project and will have no fiscal impact. The FDEP agreement obligates the County to conduct monitoring activities associated with the project. The estimated cost of the monitoring activities is approximately $250,000 over a two-year period with funding provided by the Building Better Neighborhoods General Obligation Bond Series 2011A as approved by Resolution No. R-134-11.

Track Record/Monitor
The Water Management Division of the Department of Environmental Resources Management (DERM) will be responsible for monitoring the activities related to these documents.

MANAGER'S BACKGROUND
Background
The three attached documents are required for a pending Federal beach nourishment project. The documents were executed by the County Mayor�s Office and are submitted for ratification due to the urgency to proceed with the Federal project bidding and award. The renourishment project will be administered by the US Army Corps of Engineers (Corps) as part of Miami-Dade�s Federal shore protection project and will renourish three critically eroded segments of Miami Beach located at 29th Street, 44th to 47th Streets, and 63rd to 70th Streets. Miami-Dade County, as the local sponsor for the project, is responsible for providing various non-Federal items, including all required approvals that are not issued directly to the Corps. DERM, as the County department designated with fulfilling the local sponsor responsibilities, will also assist the Corps with local project coordination and conduct environmental monitoring during and after the beach renourishment project.

The total project cost is $14,300,000 with Federal and non-Federal shares of $7,150,000 each. The non-Federal share is provided by County General Obligation Bond funds and State grant funds on approximately a 50%/50% basis. This project cost is currently listed and approved in the County�s capital budget. In the demand letter from the Corps dated July 14, 2011, the Corps requested that the County provide the balance of the non-Federal cost share needed for the project and indicated that $4,614,486 in non-Federal funds remain from previous projects and would be credited to the non-Federal cost share.

On July 19, 2011, the Board adopted Resolution No. R-638-11, authorizing the advance of the remaining non-Federal balance of $2,535,514, which was subsequently forwarded to the Corps on July 22, 2011. Once the pending State contract is final, the County will apply for the reimbursement of $1,258,376 from the State.

The renourishment project was originally scheduled for construction in late 2011. However, in June 2011, the Corps was notified that the $7,150,000 in Federal funding for the project would be lost if a Federal construction contract was not awarded by September 30, 2011. Therefore, the schedule was accelerated to allow time to bid the project, select a contractor and award prior to that date. In order to maintain the new schedule, the Corps requested the County provide the attached documents as soon as possible as they were needed prior to bidding and contract award. As such, it was necessary to execute and forward the documents to the Corps, with subsequent submittal of the executed documents for ratification by the Board.

The three documents that were executed and forwarded to the Corps included:

1) State Sovereignty Submerged Lands Easement (Attachment A): This easement provides State authorization to utilize a 500� by 500� location offshore of Miami Beach to facilitate rock disposal by the contractor. During the dredging, rock fragments greater than one inch in diameter are removed by a screening device through which the water, rock and sand slurry is pumped. The rock fragments are retained in the dredging machinery then disposed of at a designated offshore site.

2) Three-Party Memorandum of Agreement between Miami-Dade County, the Corps, and the Bureau of Ocean Energy Management, Regulation and Enforcement (Attachment B): One of the two sand sources used to nourish during the project is located approximately 3.2 miles offshore of Key Biscayne in Federal waters. Due to the location of this sand source, the removal of any mineral resources requires the formal approval of BOEMRE (formerly Minerals Management Service) via the execution of an MOA establishing the conditions under which the sand can be excavated.

3) Agreement between Miami-Dade County and the FDEP (Attachment C): This agreement obligates Miami-Dade County, through DERM, to conduct various project monitoring activities in association with the pending beach nourishment project. Traditionally, State permits issued by FDEP for beach nourishment projects contain various conditions related to environmental protection and physical monitoring of the project. However, permits issued directly to the Corps, as in this case, can only contain conditions for items required under Federal laws. Therefore, a separate agreement between the FDEP and Miami-Dade County, as the local project sponsor, will fulfill these requirements. The tasks contained in the agreement include environmental monitoring of the reefs adjacent to the areas where dredging will occur, sea turtle and shorebird monitoring, and periodic surveys of the beach fill areas. All environmental requirements will be conducted by DERM staff, with the exception of sea turtle monitoring, which will be conducted through the existing Park and Recreation sea turtle program. Survey work is conducted through the pool of survey contractors available through the County�s Department of Procurement Management. Estimated costs for these activities vary based on the duration and complexity of the project, but typically are in the range of $250,000 over a two-year period. Funds for these activities are available through existing General Obligation Bond funds allocated for beach nourishment activities, as listed and approved in the County�s capital budget.



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Jack Osterholt, Deputy Mayor