Resolution 2022-32090RESOLUTION NO. 2022-32090
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, SUPPORTING THE EXPANSION OF THE
INSPECTOR GENERAL'S INDEPENDENT REVIEW OF THE INDIAN CREEK
FLOOD MITIGATION PROJECT (THE INDIAN CREEK PROJECT) AND
ENCOURAGING THE OFFICE OF THE INSPECTOR GENERAL TO TAKE ALL
NECESSARY STEPS TO CONCLUDE THE FINAL REPORT ON THE INDIAN
CREEK PROJECT IN ORDER TO ASSIST THE CITY COMMISSION AND
ADMINISTRATION IN NEAR -TERM DECISIONS REGARDING THE
PROCUREMENT AND IMPLEMENTATION OF SIMILAR CAPITAL PROJECTS.
WHEREAS, on or about October 30, 2019, City Commissioners requested that the Office
of the Inspector General (OIG) conduct a review of permitting and contract issues pertaining to
the Palm Island and Hibiscus Island Infrastructure Project (the Palm and Hibiscus Project), as
well as the Indian Creek Flood Mitigation Project (the Indian Creek Project); and
WHEREAS, on or about April 2021, the Inspector General completed its final report and
recommendations relating to the Palm and Hibiscus Project that included a finding that pressure
to accelerate work on the project resulted in . a sequence of decisions that disrupted the
management of the project and resulted in� ah- -override of internal controls, policies and
procedures designed to protect the City's interests; and
WHEREAS, the Inspector General's findings. and recommendations in the Palm and
Hibiscus report has informed subsequent action by the Administration and City Commission in
approving a Citywide policy, formulated jointly by City and OIG staff, for an enhanced system of
internal controls for the management of major construction projects in the City; and
WHEREAS, the pending Inspector General report on the Indian Creek project may assist
the City Commission in its consideration of risks and project management challenges that are
inherent in the planning, permitting, engineering, procurement, contracting and construction of
stormwater drainage systems in neighborhoods with existing elevations below the City's tailwater
boundary condition of 2.7 feet NAVD; and
WHEREAS, the West Avenue Phase II Improvements Project is one of several pending
capital projects in flood -prone neighborhoods with lower elevations that could benefit from findings
and recommendations in the Inspector General's report on the Indian Creek Project.
WHEREAS, residents West Avenue neighborhood and members of the City Commission
have expressed concerns and differing policy views about harmonization elements for Segment
2 of the West Avenue Project (a segment which includes several streets east of Alton Road
between Lincoln Road and Dade Boulevard, including Lincoln Road, Lincoln Court, Bay Road,
and a small portion of West Avenue); and
WHEREAS, given that a Special Meeting of the City Commission has been scheduled for
May 18, 2022 to address the challenges and concerns with harmonization for Segment 2 of the
West Avenue Project, it is critical that the entire City Commission, and the community, have the
best information possible prior to that' meeting, including any pertinent findings and
recommendations based on the Inspector General's investigation of the Indian Creek Project; and
WHEREAS, on Sept. 30, 2016, the City Commission approved a joint agreement with the
Florida Department of Transportation (FDOT) for a $25,408,493 roadway and stormwater
drainage construction project on Indian Creek Drive between West 26th St. and West 41st St.;
and, thereafter, over a period of more than five years, approved resolutions, change orders, and
expenditures for direct and indirect costs that have increased the Indian Creek Project's estimated
total budget to $50,558,925;
WHEREAS, during 2020 and 2021 the scope and complexity of the Indian Creek project
expanded significantly in ways that created additional oversight issues that merited investigation
by the Inspector General including, but not limited to, those associated with increases totaling
$7,213,015 for construction costs, engineering costs, and soft costs associated with scope
changes including those associated with the design and construction of the project's pumping
station at 32nd St and the discovery of sinkholes along sections of the seawall that required
immediate and costly remediation; and
WHEREAS, it is essential that acquisition planning, engineering design, procurement, and
construction of high -value stormwater drainage and neighborhood improvement projects be
effective and efficient, comply with all applicable laws, regulations, and standards, and be
delivered using the construction industry's best practices for delivering major construction
projects; and
WHEREAS, the City's ongoing efforts to replace- its outdated gravity -based stormwater
systems and create a new system designed to reduce flooding and help counter the existential
threat of' sea level rise in the future must proceed with all deliberate speed; and
WHEREAS, given the history of the Palm and Hibiscus and the Indian Creek projects, and
the public controversy associated with the West Avenue project, it is essential that the
Commission and City Administration continue to have the benefit of findings and
recommendations by the Inspector General based on investigations that are rigorous,
comprehensive and independent; and
WHEREAS, a Special Meeting of the City Commission has been scheduled for May 18,
2022 to address the challenges and concerns with harmonization for Segment 2 of the West
Avenue Project, it is important that the City Commission and the community have the best
information possible in advance of that meeting, including recommendations, observations and/or
lessons learned in both the anticipated report from the Inspector General on the West Avenue
project as well as the full report from the Inspector General on the expanded Indian Creek
investigation;
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby request that the Office of the Inspector General take whatever steps it deems
necessary or appropriate to expedite its expanded independent review of the Indian Creek Flood
Mitigation Project (the Indian Creek Project) in order to assist the City Commission and
Administration in near -term decisions regarding the procurement and implementation of similar
capital projects, and, particularly, the West Avenue project.
PASSED and ADOPTED this Q day of /'! 4rdt• , 2022.
Dan Gelber, Mayor
ATTEST:
lid
MAR 1 4 20224
Rafael E. ranado, City Clerk
Sponsored by Commissioner Mark Samuelian
I�'COPPGRATED?
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
City Attorney p,.Z
3-I-)--L
Date
Resolutions - R7 H
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Rafael A. Paz, City Attorney
DATE: March 9, 2022
SUBJECT.A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, SUPPORTING THE EXPANSION OF THE
INSPECTOR GENERAL'S INDEPENDENT REVIEW OF THE INDIAN
CREEK FLOOD MITIGATION PROJECT (THE INDIAN CREEK PROJECT)
AND ENCOURAGING THE OFFICE OF THE INSPECTOR GENERAL TO
TAKE ALL NECESSARY STEPS TO CONCLUDE THE FINAL REPORT ON
THE INDIAN CREEK PROJECT IN ORDER TO ASSIST THE CITY
COMMISSION AND ADMINISTRATION IN NEAR -TERM DECISIONS
REGARDING THE PROCUREMENT AND IMPLEMENTATION OF SIMILAR
CAPITAL PROJECTS.
ANALYSIS
Pursuant to the request of Commissioner Mark Samuelian, the above -referenced Resolution is
submitted for consideration by the Mayor and City Commission at the March 9, 2022
Commission meeting.
SUPPORTING SURVEY DATA
NIA
• -.1 Mi"•
Applicable Area
Citywide
Is this a "Residents Right
to Know" item. pursuant to
City Code Section 2-14?
Yes, No
Legislative Tracking
Office of the City Attorney
Does this item utilize G.O.
Bond Funds?
Yes
Page 489 of 874
Sponsor
Commissioner Mark Samuelian
ATTACHMENTS:
Description
o Resolution
Page 490 of 874