Miami-Dade Legislative Item
File Number: 111936
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File Number: 111936 File Type: Resolution Status: Adopted
Version: 0 Reference: R-723-11 Control: County Commission
File Name: OF $1,007,400 AS LOCAL GOVERNMENT MATCH TO US ARMY CORPS Introduced: 9/13/2011
Requester: Department of Environmental Resources Management Cost: Final Action: 9/20/2011
Agenda Date: 9/20/2011 Agenda Item Number: 8D1A
Notes: Title: RESOLUTION WAIVING BUILDING BETTER COMMUNITIES GENERAL OBLIGATION BOND PROGRAM’S ADMINISTRATIVE RULES FOR PURPOSE OF DISBURSING BOND FUNDS IN THE AMOUNT OF $1,007,400.00 AS LOCAL GOVERNMENT MATCH TO US ARMY CORPS OF ENGINEERS RELATING TO BBC GOB PROJECT NO. 52 - “BEACH EROSION MITIGATION AND RENOURISHMENT PROJECT”; AND AUTHORIZING MAYOR OR MAYOR’S DESIGNEE TO TAKE ALL ACTIONS NECESSARY TO EFFECTUATE THE FOREGOING
Indexes: NONE
Sponsors: Bruno A. Barreiro, Prime Sponsor
  Sally A. Heyman, Co-Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Board of County Commissioners 9/20/2011 8D1A Adopted P
REPORT: Commissioner Bell expressed support for the foregoing resolution as beach erosion work was a necessity and a serious concern. She commented on the September 6, 2011, letter received from the U.S. Army Corps of Engineers (Army Corps) informing the County of a possible loss in federal funding and requesting an additional $3 million in matching funds for this project. She expressed concern for the project’s increased cost, and she asked to be provided with an explanation justifying the increase regardless of whether funds were matched or whether the project was funded from the Building Better Communities-General Obligation Bond (BBC-GOB) Program. Mr. Lee Hefty, Director of Department of Environmental Resources Management (DERM), noted a similar item was presented before the Board in July 2011 to advance funds for this project to the Army Corps; and in late summer, DERM became aware the federal government was requesting an additional $3 million in matching funds to avoid the reversal of federal matching funds. He explained that the Army Corps solicited bids upon receipt of the matching funds in July 2011, but the proposals submitted by contractors were above the estimated project cost. He said the Army Corps intended to negotiate a better price with those contractors, but the price could only be negotiated based on the amount available from both federal and non federal matching funds. Commissioner Bell expressed support for the foregoing resolution and the importance of the project to the County as a whole. She noted that she anticipated a favorable report on the successful negotiations upon Mr. Hefty’s return before the Board. Commissioner Bovo commented he had similar concerns regarding the manner in which funds were held hostage at the state and federal levels. He advised that he would support the foregoing resolution, in view of the importance of the project; but he would be monitoring the progress of this project in conjunction with Commissioner Bell. In response to Commissioner Moss’ inquiry regarding the funding source for this proposed project, Deputy Mayor/County Manager Alina Hudak advised that it was budgeted from the current fiscal year and not the proposed budget. There being no other comments from the members of the Board or the administration, the Board proceeded to vote.

County Attorney 9/13/2011 Assigned Abbie N. Schwaderer

County Mayor 9/13/2011 Assigned County Attorney 10/4/2011
REPORT: DERM- Pendign Committee assignment-(Abbie S. Raurell)

County Mayor 9/13/2011 Assigned Jack Osterholt

Legislative Text


TITLE
RESOLUTION WAIVING BUILDING BETTER COMMUNITIES GENERAL OBLIGATION BOND PROGRAM’S ADMINISTRATIVE RULES FOR PURPOSE OF DISBURSING BOND FUNDS IN THE AMOUNT OF $1,007,400.00 AS LOCAL GOVERNMENT MATCH TO US ARMY CORPS OF ENGINEERS RELATING TO BBC GOB PROJECT NO. 52 - “BEACH EROSION MITIGATION AND RENOURISHMENT PROJECT”; AND AUTHORIZING MAYOR OR MAYOR’S DESIGNEE TO TAKE ALL ACTIONS NECESSARY TO EFFECTUATE THE FOREGOING

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

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that the Board hereby waives the BBC GOB Program’s Administrative Rules in order to disburse BBC GOB Series 2011A bond funds in the amount of $1,007,400 from BBC GOB Project No. 52 – “Beach Erosion Mitigation and Renourishment Project” to the US Army Corps of Engineers for the Contract E Project for beach nourishment in Miami-Dade County and authorizes the County Mayor or Mayor’s designee to take all actions necessary to effectuate the foregoing.


HEADER
Date:

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

From: Carlos A. Gimenez
Mayor

Subject:Resolution Waiving Building Better Communities General Obligation Bond Program’s Administrative Rules for Purpose of Disbursing Bond Funds in the Amount of $1,007,400 as Local Government Match to the US Army Corps of Engineers Relating to BBC GOB Project No. 52- “Beach Erosion Mitigation and Renourishment Project”
..Recommendation
It is recommended that the Board of County Commissioners approve the attached resolution waiving Building Better Communities General Obligation Bond (“BBC GOB”) Program’s Administrative Rules for the purpose of disbursing bond funds in the amount of $1,007,400 to the US Army Corps of Engineers as the County share of the non-Federal portion of a Federal beach renourishment project.

Scope
The proposed Federal beach nourishment project will provide countywide benefits, but will take place in Commissioner Barreiro’s District 5.

Fiscal Impact/Funding Source
This resolution would authorize the disbursing of additional BBC GOB funds in the amount of $1,007,400 from BBC GOB Project No. 52 - “Beach Erosion Mitigation and Renourishment Project" to provide the County’s share of the total non-Federal portion of $2,000,000 toward a pending beach nourishment project administered by the Army Corps of Engineers. State grant funds totaling $992,600 will be used to provide the remainder of the non-federal share. The BBC GOB funds to be used were budgeted for this project in the current fiscal year. Additional BBC GOB funds totaling approximately $250,000 over a two year period will be used to conduct monitoring and survey activities required by project permits.

Track Record/Monitor
The Water Management Division Chief of the Department of Environmental Resources Management (DERM) will be responsible for tracking and monitoring this project.

BODY
Miami-Dade County serves as the local sponsor for the Federal Miami-Dade County Beach Erosion Control and Hurricane Surge Protection Project which extends from Government Cut through Sunny Isles Beach. The County is therefore responsible for providing local coordination of beach nourishment activities conducted by the Army Corps of Engineers (Corps), including providing the non-Federal funds needed to implement projects.

The Corps is currently initiating the Federal Contract E Project to renourish three critically eroded segments of Miami Beach located at 29th Street, 44th-47th Streets and 63rd-70th Streets. This project was estimated to cost $14.3 million with the non-Federal funding share of $7.15 million divided between the County and the State. However, in the July 14, 2011 letter requesting the non-Federal funds (attached), the Corps indicated that after reconciling non-Federal funds from previous Miami-Dade County project accounts, only $2,535,514 in non-Federal funds was required as a non-Federal share (rather than $7.15 million) to achieve the total non-Federal obligation. This amount was made up of County GOB funds of $1,277,138 (50.37%) and State funds of $1,258,376 (49.63%). (Although the County does advance the total non-Federal share up front, the State reimburses the County for its share.)

On July 19th, 2011, the Board approved Resolution No. R-638-11, waiving the BBC GOB program’s administrative rules and allowing the necessary disbursement from BBC GOB Project No.52 bond funds to be advanced to the Corps as the County share for the pending beach nourishment project. The total $2,535,514 non-Federal share (including the County’s $1,277,138 contribution) was forwarded to the Corps on July 22, 2011, thus allowing the Corps to put the project out to bid.

On September 6, 2011, the County received a second demand letter from the Corps (attached) indicating that the Corps’ cost estimate for the project had been revised to $17,600,000, thereby increasing the non-Federal obligation from $7.15 million to $8.8 million. From the $7.15 million in non-Federal funds already provided to the Corps, $24,549 was expended by the Corps on administrative costs associated with bidding the project, leaving $7,125,451 in remaining non-Federal funds, and an additional $1,674,549 needed to provide the full non-Federal share under the revised cost estimate. To allow for potential contract modifications as the project proceeds, the Corps has requested that the $1,674,549 be increased to a total $2,000,000 at this time. As with the previous remittance to the Corps, the non-Federal funds will be divided between the County’s 50.37% cost share ($1,007,400) from BBC GOB funds and the State’s 49.63% cost share ($992,600) from an existing State grant. Because the previous resolution waiving the BBC GOB Program’s administrative procedures specifically authorized the disbursement of only the $1,277,138 in BBC GOB funding needed to fulfill the Corps original demand letter, the subject resolution waiving the BBC GOB programs administrative rules for the additional $1,007,400 in County bond funds is required.

The Corps has indicated that it is critical that the construction contract for this project be awarded by the end of the fiscal year (September 30, 2011) or the $8.8 million in Federal funds now available for the project will be lost. The additional non-Federal funds must be received by the Corps prior to award of the contract. To facilitate this, the attached resolution waiving the BBC GOB Program’s administrative rules in order to disburse the County portion of the non-Federal funds is recommended for approval.



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