Loading...
2014-28535 Resolution 2014-28535 RESOLUTION A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL DOCUMENTS ON BEHALF OF THE CITY, AS A "NON-FEDERAL SPONSOR," PERTAINING TO MT. SINAI MEDICAL CENTER OF FLORIDA, INC.'S APPLICATION FOR A GRANT FROM THE U.S. ARMY CORPS OF ENGINEERS' CONTINUING AUTHORITIES PROGRAM (THE GRANT) FOR REHABILITATION OF THE SEAWALL AT 4300 ALTON ROAD (THE PROJECT); WITH ALL WORK AND COSTS TO BE ASSUMED BY MOUNT SINAI; AND, PROVIDED FURTHER, THAT MT. SINAI HAS AGREED TO INDEMNIFY AND HOLD THE CITY HARMLESS FROM ANY AND ALL CLAIMS AND/OR LIABILITIES THAT MAY ARISE, WHETHER UNDER THE PROJECT ITSELF, OR UNDER THE TERMS OF THE GRANT. WHEREAS, Mount Sinai Medical Center of Florida, Inc. is the only hospital within the City of Miami Beach, and supports emergency operational functions and an emergency shelter for City residents in certain times of crisis, and has been identified as critical infrastructure within the City; and WHEREAS, the seawall along the Mount Sinai property is in dire need of repair and hospital officials fear that in its current condition it would not provide sufficient protection of this critical facility from a severe weather event; and WHEREAS, it is imperative that the seawall remain a resilient and viable barrier to the elements in order to facilitate continuous and sustained hospital operations; and WHEREAS, federal funds to repair and rehabilitate the seawall, are available under the U.S. Army Corps of Engineers' Continuing Authorities Program (CAP); and WHEREAS, in order to qualify for federal funding under the CAP, Mt. Sinai requires a "non-federal sponsor," and Mount Sinai Medical Center has asked the City of Miami Beach to assume the role of the non-federal sponsor; and WHEREAS, Mount Sinai Medical Center is assuming full financial responsibility, and therefore no costs will be incurred by the City of Miami Beach; and WHEREAS, Mt. Sinai has agreed to fully indemnify and hold the City harmless. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and City Commission hereby approve and authorize the City Manager to execute any and all documents on behalf of the City, as a "Non-Federal Sponsor," pertaining to Mt. Sinai Medical Center of Florida, Inc.'s application for a grant from the U.S. Army Corps of Engineers' Continuing Authorities Program (the Grant) for rehabilitation of the seawall at 4300 Alton Road (the Project); with all work and costs to be assumed by Mount Sinai; and, provided further, that Mt. Sinai has agreed to indemnify and hold the City harmless from any and all claims and/or liabilities that may arise, whether under the Project itself, or under the terms of the Grant. PASSED and ADOPTED this day of 0 , 2014. ATTEST: r, PHILIP LEVI IIWE , OR R PHAEL E. GRANAD •.� I ACORP ORATED: tN 26 TO APPROVED AS TO FORM & LANGUAGE &FOR EXECUTION , City Attorney^�, Date T:IAGENDA\2014\AprilWlt.Sinai Seawall-Resolution.docx MIAMI BEACH City of Miami Beath, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov Jimmy L. Morales, City Manager Tel: 305-673-7010, Fax: 305-673-7782 April 14, 2014 Lieutenant Colonel Thomas M. Greco Deputy District Commander U. S. Army Corps of Engineers District, South Florida ATTN: Planning Branch RE: CITY OF MIAMI BEACH'S INTENT TO SERVE AS NON-FEDERAL SPONSOR PERTAINING TO MOUNT SINAI MEDICAL CENTER OF FLORIDA, INC.'S APPLICATION FOR UNDER THE CONTINUING AUTHORITIES PROGRAM (CAP) Dear LTC Greco: I am writing with regard to a request from Mount Sinai Medical Center (MSMC) for assistance from the U. S. Army Corps of Engineers (the Corps) in addressing a serious potential flooding problem adjacent to its campus, which is located on the inter-coastal waterway in Miami Beach. At its meeting on April 9, 2014, the Mayor and City Commission adopted City Resolution No. 2014-28535, authorizing the City of Miami Beach, Florida (the City) to serve as the "non- Federal" project sponsor, as required under the Continuing Authorities Program (CAP). You recently received a letter from MSMC Chief Executive Officer Steven Sonenreich explaining that the seawall adjacent to the MSMC campus is in serious need of repair to mitigate against damage from anticipated severe weather events. MSMC is the only hospital in the City and supports emergency operational functions during hurricanes and other major storm events. The protection afforded by the seawall in question is critical to avoid service disruptions and hazardous conditions that threaten the lives of patients, hospital staff, and residents who are unable to evacuate during a storm emergency and seek shelter at MSMC. In its current state, the seawall would most certainly not provide sufficient protection during a hurricane. I respectfully request that the Corps perform a site visit to examine the seawall and evaluate the merit of this request for assistance. The City is fully aware of the following non-federal requirements associated with the Section 103, Section 14 or Section 205 programs under which we understand the Corps could perform this project: 1. Feasibility Phase: The initial $100,000 of cost, if funded by the Federal government. Costs above $100,000 will be shared 50% Federal and 50% non-Federal in accordance with a Feasibility Cost-Sharing Agreement; 2. Implementation Phase: The non-Federal sponsor is responsible for costs of all lands, easements, relocations and disposal areas, plus a cash contribution of at least 5% of the 1 i total project cost. If this amount is less than 35% of the total project cost, the non- Federal sponsor must provide additional cash contribution to make the total equal to 35% of the total project cost; and 3. The non-Federal sponsor is responsible for the removal of all hazardous, toxic and radioactive wastes prior to construction and for all operations and maintenance of the project after it is constructed. This letter serves as an expression of non-Federal intent to cooperate on this project and is not a contract obligation. Either party may discontinue this effort at any point prior to construction. Thank you for your consideration. I look forward to hearing from you. 4ne ely, I es r Ci of Miami Beach 2 COMMISSION ITEM SUMMARY Condensed Title: A Resolution Approving And Authorizing a Cooperation Agreement Between The City Of Miami Beach (CMB) And Mount Sinai Medical Center (MSMC), For Rehabilitation Of The Seawall At 4300 Alton Road, Through A Two-Phased Program, Including A Feasibility Study And Implementation, With No Cost To The City. Key Intended Outcome Supported: Allow the City to sponsor MSMC in this effort to enhance the seawall at 4300 Alton Road in order to promote public safety through the long-term protection of critical infrastructure. Supporting Data (Surveys, Environmental Scan,etc.): N/A Item Summary/Recommendation: The Mount Sinai Medical Center has been identified as an important component of the City's critical infrastructure. The seawall along the property is in dire need of repair and hospital officials fear that in its current condition, the seawall would not provide sufficient protection from a severe weather event. Mount Sinai is the only hospital in the City and it is imperative that the seawall remain a viable barrier to the elements in order to facilitate continuous hospital operations. It is also important to note that Mount Sinai Medical Center supports emergency operational functions and an emergency shelter for City residents in certain times of crisis. It is therefore necessary to mitigate any further degradation and damage to Mount Sinai's protective seawall. Federal funds are available for the U.S. Army Corp of Engineers, under the Continuing Authorities Program (CAP), to conduct a feasibility study and construct a new seawall for Mount Sinai Medical Center. In order to qualify for federal funding, the program requires a non-federal sponsor. Mount Sinai Medical Center has asked the City of Miami Beach to assume the role of the non-federal sponsor. When the U.S. Army Corp of Engineers carries out such projects, costs are normally shared by the federal government and the non-federal sponsor. However, in this instance, Mount Sinai Medical Center is assuming full financial responsibility and therefore, no costs will be incurred by the City of Miami Beach. This resolution serves to give notice to the U.S. Army Corps of Engineers that the City of Miami Beach intends to cooperate on this project as the non-federal sponsor. THE ADMINISTRATION RECOMMENDS APPROVING THE RESOLUTION. Advisory Board Recommendation: N/A Financial Information: Source of Amount Account Funds: 1 Federal & Total NA Costs to be fully covered by MSMC MSMC Financial Impact Summary: N/A City Clerk's Office Legislative Tracking: Charles Tear, Emergency Manager Sign-Offs: Depa went Director Assistant City Manager City Manager CT JMT JLM �J T:WGENDA\2014WprilWlt Sinai Seawall-Summary.docx AGENDA ITEM � 7 . AA!"AMIBEACH DATE - -` MIAMI BEACH City of Miami Beath, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov COMMISSION EMORANDUM TO: Mayor Philip Levine and Members f the City C mission FROM: Jimmy L. Morales, City Manager DATE: April 9, 2014 SUBJECT: A RESOLUTION OF THE MAYO AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPRO ING AND AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY'S OFFICE TO NEGOTIATE A COOPERATION AGREEMENT BETWEEN THE CITY AND MOUNT SINAI MEDICAL CENTER (MSMC), FOR REHABILITATION OF THE SEAWALL AT 4300 ALTON ROAD, THROUGH A TWO-PHASED PROGRAM, CONSISTING OF A FEASIBILITY STUDY AND THEN IMPLEMENTATION, WITH ALL COSTS TO BE ASSUMED BY MOUNT SINAI MEDICAL CENTER. ADMINISTRATION RECOMMENDATION Approve the resolution. KEY INTENDED OUTCOME SUPPORTED Allow the City to sponsor MSMC in this effort to enhance the seawall at 4300 Alton Road in order to promote public safety through the long-term protection of critical infrastructure. BACKGROUND INFORMATION Mount Sinai Medical Center (MSMC) has requested that the U.S. Army Corps of Engineers conduct a three (3) year rehabilitation project for the seawall located at 4300 Alton Road, to be carried out under the Corps' Continuing Authorities Program (CAP). Under Section 205 of the 1948 Flood Control Act, the Corps is authorized to study, design and construct small flood control projects in partnership with non-Federal government agencies. The seawall along Biscayne Bay at the MSMC campus is in need of repair in order to keep it a viable protective structure for the hospital. MSMC is the only hospital district in the City and an integral part of the City's critical infrastructure. MSMC is asking the City of Miami Beach to enter into this partnership as the non-Federal sponsor of record. With authorization from the City Commission, the City will enter into negotiations with MSMC, who are prepared to assume all costs in this endeavor. Commission Memorandum—Mt. Sinai Seawall April 9, 2014 Page 2 FUNDING Under Section 103.14 and Section 205 of the Flood Control Act, this project is eligible for Federal funding in partnership with the non-Federal sponsor. Mount Sinai Medical Center (MSMC) will assume all costs required under the cost-sharing agreement to be entered into with the Federal Government. The City of Miami Beach will be the representative non-federal sponsor in name as required by the U.S. Army Corps of Engineers Continuing Authorities Program (CAP). CONCLUSION The Mayor and/or his designee will be authorized to represent and negotiate on behalf of the City of Miami Beach with Mount Sinai Medical Center to assist in the success of this project, and to ensure that the project meets the requirements of the City's Stormwater Master Plan and all applicable codes. The seawall rehabilitation project at this location is imperative to the continuing security and safety of our residents and visitors and to overall quality of life in the City of Miami Beach. J MT/CT/EK/SH L TAAGENDA\2014\April\Mt.Sinai Seawall -Memo.docx