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96-22215 RESORESOLUTION NUMBER 96-22215 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, WAIVING THE FORMAL BIDDING PROCESS AND AUTHORIZING THE ADMINISTRATION TO NEGOTIATE AND AWARD EMERGENCY PURCHASE ORDERS FOR THE RENTAL OF HEAVY EQUIPMENt, PURCHASE OF EMERGENCY FILL AND OTHER MATERIALS AND SERVICES NEEDED TO COMPLETE EMERGENCY REPAIRS TO THE MIDDLE BEACH AREA SAND DUNE/FLOOD CONTROL DIKE. WHEREAS, the City's Middle Beach area has eroded to the point at that all of the dl'y ~each and almost all of the sand dune/flood control dike have been lost; and WHEREAS, most of the middle beach dune cross-overs have been closed as safety h~!zards and the footings of the boardwalk itself are in immediate jeopardy of being underct, t l'~y the encroaching tides; and WHEREAS, if emergency measures are not taken, coastal flooding west of the cur e line will occur in the 30th street to 35th street region of middle beach in the near future; and WHEREAS, in order to prevent the loss of the boardwalk and flooding of the c~astal properties, the Administration proposes to immediately implement an emergency sand dune/flood control dike repair project; and WHEREAS, heavy equipment, emergency fill and other supplies and materials will h~we to be rented and purchased in order to accomplish the repairs to the sand dunes; and WHEREAS, emergency funding of up to $250,000 is available from Resort Tax Pro ::eeds for this Special Project. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMI~IISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that waiving of the formal bidding process ar ~d the authorization of the administration to negotiate and award emergency rchase orders for the 'ental of heavy equipment, purchase of emergency fill and other mat Is and services neeted to complete the emergency repairs to the Middle Beach area sand d /flood control dike, is h !greby aPPr°v~da' ~d~ ssed and Adopted this 20th day of November, 1996 ATTEST: CITY CLERK FORM&LANGU2)GNE I~ CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEAGH FLORIDA 33'139 COMMISSION MEMORANDUM NO. "7 2"7 - TO: FROM: SUBJECT: Mayor Seymour Gelber and DATE: November 20, 19 i}6 Members of the City Commission Jose Garcia-Pedrosa/~ ) City Manager FOUR RESOLUTION JAPPROPRIATING $250,000 IN RESORT T~:O( PROCEEDS INTO THE GENERAL FUND SPECIAL PROJEC"'S ACCOUNT TO PROVIDE INITIAL FUNDING FOR THE CI'Pi'S EMERGENCY SAND DUNE/FLOOD CONTROL DIKE REPAIR EFFOF; T, WAIVING THE FORMAL BIDDING PROCESS AND AUTHORIZING THE ADMINISTRATION TO NEGOTIATE AND AWARD EMERGEN(;Y PURCHASE ORDERS FOR THE RENTAL OF HEAVY EQUIPMI:I~T, PURCHASE OF EMERGENCY FILL AND OTHER MATERIALS AI',ID SERVICES NEEDED TO COMPLETE THE EMERGENCY REPAIR:S; AUTHORIZING THE ADMINISTRATION TO NEGOTIATE .L,N INTERLOCAL AGREEMENT WITH METROPOLITAN DADE COUN""Y PROVIDING FOR THE REIMBURSEMENT OF THE CITY'S EXPEI%SES FROM THE SAFE NEIGHBORHOOD PARKS BOND REVENUES, WHI!!!N THEY BECOME AVAILABLE, UNLESS REIMBURSEMENT IS RECEIVE!!!D FROM ANOTHER AGENCY; AND, AUTHORIZING THE ADMINISTRATION TO NEGOTIATE WITH THE FEDERAL AND S'I'A""E AGENCIES TO TRY TO OBTAIN DISASTER RELIEF ASSISTANCE. ADMINISTRATION RECOMMENDATION Approve the resolutions. BACKGROUND Last September, the Federal Magistrate in the Town of Golden Beach et al. v. U.S. ,~_n:~ Corps of Engineers (ACOE) case issued a recommendation that the ACOE's Motion 'or Summary Judgment be granted and that the injunction that has blocked the dredging, :~e immediately dissolved. The Judge has not yet issued her ruling in the case, and t injunction is still in effect. Efforts between the parties to settle the case out of court '~a been unsuccessful, and settlement negotiations have ceased. As it now stands, the ACOE is waiting for the Judge's ruling. As soon as the injunction is lifted, the ACOE will re-start the process of awarding a contract for the renourishment c:~f t 'le Middle Beach area. On an expedited basis, however, it will still take five to six months '!or the actual renourishment to begin. AGENDA ITEM ~) ~/'/ DATE/_~ ./_~' As a direct result of the City's efforts, the ACOE has initiated plans to import aragonitE!; s ands from the neighboring Caribbean islands to renourish an approximately one-mile section c f the City's North Beach area. However, because of the complex environmental, financial and t>oi itical issues associated with the Federal Government's acquisition of sand from a foreign govern T~ent for importation and placement on our beaches, it will be at least two years before the first aragonite arrives. Likewise, the ACOE has also initiated an effort to develop upland (in~ and) sand sources (quarries) for use in beach renourishment. Another section of North Beach w II be utilized for the upland sand "test beach". While utilizing domestic upland sand SOL~rC..~S iS somewhat less complex than utilizing foreign sands, it will still be about two years befor,!!; the upland sands will be approved for application to our beaches. Unfortunately, in the three years since Golden Beach filed its lawsuit, our beaches lave continued to erode to well beyond the point at which the "state of emergency" was declared by the ACOE in 1993. The interruption of Beach Patrol and Fire/Rescue vehicle access an, t the loss of large sections of the planted dune were the justifications for the Commiss on's authorization of the relocation of 7,500 tons of sand from Lummus Park to the Middle Beach sarea in June, 1996. As a result of the continuing erosion processes and more dramatically, last week's strong w nds, all of the dry beach and almost all of the sand dune/flood control dike have been lost throucJ 'qout the Middle Beach segment. In addition, most of the Middle Beach dune cross-overs have I>een closed as safety hazards, and the footings of the boardwalk itself are in immediate jeopar, :ty of being undercut by the encroaching tides. Further, if emergency measures are not taken, co :~stal flooding west of the dune line may occur in the 30th - 35th street region of Middle Beach ir ~ the near future. In order to prevent the loss of the boardwalk and flooding of the coastal properti~.~s the Administration proposes to implement immediately an emergency sand dune/flood contlol dike repair project. The project will involve several steps including; 1 ) the recovery of winc~-b own sand from areas west of the dunes and returning it to the beach. The City has already t.een issued the necessary permit for this work from the Florida Department of Environm~:~ntal Protection (FDEP). Elevated land scrapers, front-end loaders and off-road dump trucks w II be rented for the performance of this work. If approved, this work will begin on Thursday, Nover ~ber 21, 1996; 2) The acquisition of approximately 25,000 tons of sand from an upland sourc~= t:} be used to repair the most badly eroded sections of the Middle Beach dune. The sand wil be trucked to the City parking lots at 23rd street and Collins Avenue and 46th Street and Cc Ilins Avenue where it will be transferred to off-road dump trucks, transported over the dur,e, and dumped at the repair locations. The fill will then be worked into place and compacted with f ont- end loaders and bulldozers. If approved, emergency bids will be solicited from suitable ocal sand sources immediately. The delivery of sand is anticipated to begin next week. In adcition to the acquisition of suitable fill, the City will also have to rent several pieces of heavy equipl"~ent to facilitate the repairs; 3) .Concurrent with the emergency repair efforts, the Administratior', will seek to negotiate an interlocal agreement with Metropolitan Dade County providing fo~' the reimbursement of the City's expenses from the County's Safe Neighborhood Parks E;ond revenues, when they become available, unless the City is reimbursed by another agency; 4) The Administration will also be negotiating with the Federal and State agencies to try to ot::~tain disaster relief assistance. CONCLUSION The City Commission should approve the four attached resolutions appropriating $250,030 in Resort Tax Proceeds into the General Fund Special Projects account to provide initial fu ~ding for the City°s emergency sand dune/flood control dike repair effort; waiving the formal :~ic ding process and authorizing the Administration to negotiate and award the necessary emerg :;ncy purchase orders; authorizing the Administration to negotiate an interlocal agreement witt~ Metropolitan Dade County providing for the reimbursement of the City's expenses from tl~e County's Safe Neighborhood Parks Bond revenues, when they become available, unless the City is reimbursed by another agency; and authorizing the Administration to negotiate wi'h the Federal and State agencies to try to obtain disaster relief assistance. JGP/pl/bdh