C7U - Approve Coral Harvesting Agreement with Um
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A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING, IN SUBSTANTIAL FORM, A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY AND THE UNIVERSITY OF MIAMI (UM) FOR AN INITIAL TERM OF FIVE (5) YEARS, WITH ONE (1) TWO-YEAR RENEWAL TERM AT THE OPTION OF THE CITY; SAID AGREEMENT PERMITTING UM TO HARVEST CORALS ALONG CITY-OWNED SEAWALLS IN CONNECTION WITH CITY SEAWALL PROJECTS, AT NO COST TO THE CITY, THEREBY SAVING THE CITY CONSULTING FEES TYPICALLY INCURRED IN CONNECTION WITH CORAL PROTECTION SERVICES; FURTHER, AUTHORIZING THE CITY MANAGER TO FINALIZE AND EXECUTE THE AGREEMENT; AND FURTHER, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE SIMILAR AGREEMENTS WITH OTHER QUALIFIED VOLUNTEER ORGANIZATIONS, TO BE AVAILABLE TO THE CITY ON AN AS-NEEDED BASIS.
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Detailed Information
Cached: 3 weeks agoResolutions - C7 U
COMMISSION MEMORANDUM
RECOMMENDATION
The Administration recommends approving the Resolution.
BACKGROUND/HISTORY
As part of the City’s flood mitigation strategy and seawall prioritization plan, Public Works routinely replaces existing City-owned seawalls with new seawalls with a top of cap seawall elevation of a minimum of +5.7 feet North American Vertical Datum of 1988 (NAVD 88), pursuant to Ordinance No. 2021-4393.
Corals are known to grow on existing seawalls, on support structures, rubble, and limerock riprap, which can potentially get damaged during construction activities to replace seawalls. Corals above a certain size (regulated coral) are protected by the Coral Reef Conservation Act of 2000, and the Environmental Protection Agency (EPA), among other environmental regulatory permitting agencies.
During the seawall replacement permitting process, the County’s Division of Environmental Resource Management (DERM) performs a biological assessment and documentation of the regulated corals. As part of the process, DERM requires the City to place a mitigation bond in the amount of $45 per regulated coral. Once the City satisfies the DERM‘s coral protection and survivorship criteria, DERM issues a bond refund.
In order to protect the regulated corals and comply with local permitting requirements, the City has engaged consultants to perform services, including the temporary relocation of corals prior to construction, permanent relocation of the corals upon completion of construction, and long-term monitoring of the corals to ensure their survival. These
specialized services can potentially cost the City tens of thousands of dollars (during a recent quote provided to the City, the proposed cost for services rendered to one seawall containing 2 regulated corals was $16,000).
As an alternative to procuring coral protection services through a consultant, the City has the option to donate corals towards scientific research and allow the research institution to harvest the corals along City-owned seawalls, and those found in the water during the construction phase. The University of Miami (UM) has experience with harvesting corals under a Special Activity License granted by the Florida Fish and Wildlife Conservation Commission. UM has expressed interest in harvesting these corals, including both regulated corals and corals that are below the regulatory agencies’ threshold sizes, at no cost to the City.
The Administration has, in substantial form, drafted an agreement between the City and UM, attached to the Resolution as Exhibit A, to have UM perform harvesting of corals along City-owned seawalls, planned to undergo permitting and construction. The Administration further seeks approval to engage similar organizations, using the same contract agreement and regulations, interested in harvesting these corals.
FISCAL IMPACT STATEMENT No fiscal impact
Does this Ordinance require a Business Impact Estimate? (FOR ORDINANCES ONLY)
If applicable, the Business Impact Estimate (BIE) was published on: See BIE at: https://www.miamibeachfl.gov/city-hall/city-clerk/meeting-notices/
CONCLUSION
The Administration recommends approving the Resolution.
Applicable Area
Citywide
Is this a “Residents Right to Know” item, pursuant to City Code Section 2-17?
Is this item related to a G.O. Bond Project?
Yes
No
Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481, includes a principal engaged in lobbying? No
If so, specify the name of lobbyist(s) and principal(s):
Department
Public Works
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Co-sponsor(s)
Condensed Title
Approve Agreement with UM to Harvest Corals. PW
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