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RESOLUTION RATIFYING THE COUNTY MAYOR�S OR COUNTY MAYOR�S DESIGNEE�S ACTIONS OF EXECUTING A STATE OF FLORIDA GRANT AGREEMENT PROVIDING UP TO $4,304,237 TO MIAMI-DADE COUNTY FOR BEACH EROSION CONTROL ACTIVITIES IN MIAMI BEACH, MIAMI-DADE COUNTY, FLORIDA WITH MATCHING FUNDS TO BE PROVIDED FROM THE BUILDING BETTER COMMUNITIES GENERAL OBLIGATION BOND FUNDS

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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 actions of executing a State of Florida Grant Agreement between the Florida Department of Environmental Protection and Miami-Dade County designated as Agreement Numbered 11DA2 providing up to $4,304,237 to Miami-Dade County for Beach Erosion Control Activities for the Miami Beach Segment of the Miami-Dade Erosion Control Project, in substantially the form attached hereto and made part hereof; authorizes the County Mayor or County Mayor�s designee to execute amendments to this agreement for time extension and to accept additional funds that may become available for this agreement; and authorizes the County Mayor or County Mayor�s designee to exercise the provisions contained therein.

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Date:

To: Honorable Chairman Joe A. Martinez
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 a State of Florida Grant Agreement Providing up to $4,304,237 to Miami-Dade County for Beach Erosion Control Activities for the Miami Beach Segment of the Miami-Dade Erosion Control Project
..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 State of Florida Grant Agreement No. 11DA2 between the Florida Department of Environmental Protection (FDEP) and Miami-Dade County (Exhibit B). This agreement will provide up to $4,304,237 in State grant funds to Miami-Dade County for beach erosion control activities for the Miami Beach Segment of the Miami-Dade Erosion Control Project.

Scope
This agreement will facilitate beach erosion control projects in Commissioner Barreiro�s District 5.

Fiscal Impact/Funding Source
State of Florida Grant Agreement No. 11DA2 will allow Miami-Dade County to seek reimbursement of the State�s cost share of up to $4,304,237 from the FDEP with a County matching share of up to $4,368,416. Under the Building Better Communities General Obligation Bond (GOB) funds, there are $4,326,000 (FY10-11) and $3,380,000 (FY11-12) (proposed) available for such erosion control activities. For the federal portion of this work, the County will advance the State�s and County�s cost share to the US Army Corps of Engineers (Army Corps) from the GOB funds (allowed under Resolution No. R-638-11 for this work) and from a Department of Environmental Resources Management (DERM) Index Code. The County will then seek reimbursement for the State�s cost share from FDEP. For the non-federal work, the County will pay the contractors from a DERM Index Code then will seek reimbursement from the GOB funds for the County�s cost share and from the FDEP for the State�s cost share.

Track Record/Monitor
This agreement will be monitored by the Water Management Division Chief in DERM.

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The FDEP administers a grants program which provides funding on an annual basis to local governments for the implementation of beach erosion control projects. Agreement No. 11DA2 will encumber State funds of up to $4,304,237 made up of annual appropriations of $4,176,391 from FY10-11 and up to $127,846 in FY11-12.

The State funds of $4,304,237 will be divided among three (3) scopes of work: Contract E Federal Nourishment conducted by the Army Corps ($3,548,545), Truck Haul Nourishment implemented locally on an as-needed basis ($500,000) and Physical Monitoring for periodic activities such as topographic surveys ($255,692). These scopes of work are described below and in the attached Exhibit A.

Contract E Federal Nourishment. Agreement No. 11DA2 will provide up to $3,548,545 in State funding for reimbursement of the State�s share of the estimated federal project cost of $14,300,000 (Exhibit A, Task 3.2). The Army Corps will contribute $7,150,000 and the remaining $7,150,000 will be paid by the State (49.63%, up to $3,548,545) and Miami-Dade County (50.37%, up to $3,601,455). The State�s cost share is based on the available public access and parking for each area undergoing erosion control activities.


As part of Miami-Dade County�s federal shore protection project, the pending beach nourishment project will renourish three (3) critically eroded segments of Miami Beach located at 29th Street, 44th to 47th Streets, and 63rd to 70th Streets.�These erosion control activities will be administered by the Army Corps and the costs will be shared by the Army Corps, the State FDEP and Miami-Dade County. The Army Corps is scheduled to award the contract prior to September 30, 2011 and the construction should begin in late 2011. DERM, on behalf of Miami-Dade County, is the designated local sponsor and will assist the Army Corps with local project coordination and conduct environmental monitoring during and after the beach renourishment project.

On July 19, 2011, the Board approved Resolution No. R-638-11 (Exhibit C), which allowed the County to advance $2,535,514 to the Army Corps in order for the Army Corps to procure the federal contract to renourish three (3) segments of Miami Beach. Under the State of Florida Grant Agreement No. 11DA2, the County will seek reimbursement for the State�s 49.63% cost share amount of $1,258,376. Resolution No. R-638-11 further states that if the State does not reimburse the County by September 30, 2011, the $1,258,376 would be paid from GOB Series 2011A bond funds.

Beach renourishment work implemented locally on an as-needed basis. Agreement No. 11DA2 will provide up to $500,000 in State funding for reimbursement of the State�s share of smaller, locally administered, non-federal beach erosion control projects conducted by the County on an as-needed basis. The County�s share of $507,455 will be paid from currently available County GOB funds (Exhibit A, Task 3.1).

Physical Monitoring for periodic activities. Agreement No. 11DA2 will provide up to $255,692 in State funding for reimbursement of the State�s share of required monitoring activities. The County�s share of $259,506 will be paid from currently available County GOB funds (Exhibit A, Tasks 4.1 and 4.2).

It was necessary to execute this agreement prior to Board approval and then request subsequent ratification by the Board to facilitate timely reimbursement from the State prior to September 30, 2011.


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Jack Osterholt, Deputy Mayor