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Home My WebLink AboutR-99-0302I 2 �u. J-99-366 4/15/99 RESOLUTION NO. 9 J— 302 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO ENTER INTO A MEMORANDUM OF UNDERSTANDING AND AGREEMENT OF THE MIAMI RIVER QUALITY ACTION TEAM ( "QAT") FOR THE PURPOSE OF ENSURING THE CONTINUED COMMITMENT AND PARTICIPATION OF INTERESTED INDIVIDUALS, ENTITIES AND GOVERNMENT AGENCIES OWNING PROPERTY OPERATING ON OR ALONG, OR HAVING JURISDICTION OVER, THE MIAMI RIVER AND THE ADJACENT LAND WITHIN THE CITY OF MIAMI AND MIAMI-DADE COUNTY; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN SUBSTANTIALLY THE ATTACHED FORM. WHEREAS, the Miami River Quality Action Team ("QAT") was established in 1995 to focus on the river's problems; and WHEREAS, ("TAT") is a forum for consensus for more than 36 entities and agencies with jurisdiction of the Miami River, as well as private businesses and residential groups interested in the continue economic and environmental viability of the River; and WHEREAS, the City of Miami desires to enter into a Memorandum of Understanding and Agreement for the purpose of ensuring the continued commitment and participation of interested individuals, entities and government agencies owning property i �AT7ACHA01EA7 (S) KTAH E0 CITY COMUSSION MET= OF APR 2 7 1999 Resolution No. 0�� 3 2 M. operating on or along the Miami River; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The City Manager is hereby authorizedY to enter into a Memorandum of Understanding and Agreement of the Miami River Quality Action Team (°QAT") for the purpose of ensuring the continued commitment and participation of interested individuals, entities and government agencies owning property operating on or along the Miami River. Section 3. This Resolution shall become effective l� The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code provisions. - 2 - 99 302 A immediately upon its adoption and signature of the Mayor.Z/ PASSED AND ADOPTED this 27th day of April , 1999. JOE CAROLLO, MAYOR In accordance with Miami Code Sec. 2-36, since the Mayor did not indicateapproval of this Legislation by signing it in the designated pla .e provided, said icgis!eiic�� n, becomes effective with the elapse often (10) day rom the_ ate of Ccmrr;ss cr --,,cry regarding same, without the Mayor erercisog ATTEST: WALTER J. FOEMAN CITY CLERK 2� If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. - 3 - 09- *02 or C APR-04-1999 09:11 COMMISSIONER SANCHEZ 305 250 5386 P.02 MEMORANDUM OF UNDERSTANDING AND AGREEMENT OF THE MIAMI RIVER QUALITY ACTION TEAM (QAT) L PURPOSE The purpose of this Memorandum of Understanding and Agreement (MOUA) is to ensure the continued commitment and participation of interested individuals, entities and government agencies owning property operating on or along, or having jurisdiction over, the Miami River and the adjacent land within the city of Miami and Miami -Dade County, in the Miami River Quality Action Team (QAT). The Miami River Quality Action Team (QAT) was established in 1995 to centralize a focus on the river's problems through planned voluntary improvements and improved practices. The QAT is to be a forum for consensus for the more than 36 entities and agencies with jurisdiction over the Miami River, as well as the private business and residential groups interested in the continued economic and environmental viability of the River. The signatories to this MOUA represent core agencies and organizations committed to the continuation of the Miami River QAT. They acknowledge that the collective efforts of a cross section of public and private resources are necessary to address and solve the chronic problems on the Miami River and to meet the demand for a safe, secure, efficient, accessible, economically viable and environmentally sound waterway. Within this context, the QAT will serve in the following roles: 1. Provide a forum for any of its members or any other organizations pursuing initiatives to share information which may encourage the viability of the Miami River by addressing safety, environmental or commercial issues. 2. Assume a leadership role and act as a catalyst to ensure that responsible agencies are properly informed of significant issues or problems which might impact upon the Miami River, especially when they cross 'functional" lines or when it is not clear which agency has oversight. 3. Provide for an exchange of information not only among members or participants, but also, when appropriate, to other members of the community for all matters impacting upon the Miami River. 4. Engage in any additional initiatives, including, but not limited to educational and joint inspection initiatives, or otherwise serve in any additional capacity which the QAT may envision as being supportive of the Miami River's continued viability. 33 ^— 302 s�. I I_7 APR-07-1999 09:12 COMMISSIONER SANCHEZ 305 250 5386 P.03 H. MEMBERSTUP Membership in the QAT is open to any interested individual, entity and government agency owning property operating on or along, or having jurisdiction over, the Miami River and the adjacent land within the City of Miami and Miami -Dade County. "Any Interested individual, entity or government agency" may include, but is not limited to: a. Boat Repair Facilities b. Bridge Tenders c. Bureau of International Programs (DIP) d. Environmental Management Companies e. East Little Havana NET f. Florida Marine Patrol (FMP) b. Florida Department of Environmental Protection (DEP) - STEERING COMMITTEE h. City of Miami Fire Department i. City of Miami Parks and Recreation j. City of Miami Police Department, Downtown NET k. City of Miami Downtown NET 1. Grove Park Homeowners Association, Inc. - STEERING CONV IIT TEE m. Insurance Companies n. International Shipping Bureau o. Marine Construction Companies P. Miami -Dade County Department of Environmental Resources Management (DERM) q. Miami -Dade Police Department (MDPD) r. Miami River Commission - STEERING COMMITTEE S. Miami River Marine Group - STTERING COMN THE t. Miami River Neighborhood Restoration Association, Inc. u. Operation Green Leaves v. Port Operators w. Property Owners x. Sea Grant y. South Florida Water Management District (SFWMD) - STEERING COMMITTEE z. Spring Garden Civic .Association, Inc, - STEERING COMMITTEE aa. State Attorneys Office - STEERING COMMITTEE bb. Surveyors cc. Terminal Operators dd. Tug Boat Operators ee. U.S. Army Corps of Engineers - STEERING COMMITTEE ff. U.S. Coast Guard Seventh District gg. U.S. Coast Guard (MSO Miami) - STEERING COMMITTEE hh. U.S. Customs Service (USCS) - STEERING COMMITTEE ii. U.S. Department of Transportation/MARAD J. U.S. Immigration and Naturalization Service (1NS) - STEERING COMMITTEE kk. U.S. Senator or Representative 11, Vessel Agents ram. West Little Havana NET nn. Wynwood NET 2 99- �92 RPRF07-1999 09:12 COMMISSIONER SRNCHEZ 305 250 53e6 P.04 III. STRUCTURIE The members of the QAT acknowledge and agree that this partnership shall exist as an organization encompassing any interested individuals, entities, and government agencies with an interest in the Miami River. Issues identified by the QAT may be assigned to standing subcommittees or ad hoc working groups formed by QAT for that purpose. The final findings of these groups will be presented to the QAT in writing. The findings of the subcommittees/working groups will be final unless the QAT decides to reopen the issue. Subcommittee/working group updates may be presented _ verbally. Membership to such subcommittees/working groups will be open to any member of the QAT. A Subcommittee Chairperson may, at any regularly scheduled meeting of the QAT, recommend to the Council that his or her standing subcommittee or working group be terminated. IV. VOTING Since the QAT has not authority to act other than as a coordinating body by mutual consent, voting will be limited to QAT activities (establishment of standing subcommittees, chartering ad hoc working groups, etc.) and recommendations. V. MEETINGS The QAT will meet at least once every month. The meetings will normally be held at the U.S_ Coast Guard base in Miami Beach, however, the Chair may elect to hold the meeting at alternative locations. Meetings of the subcommittees and ad hoc working groups will be held separately and the progress of those meetings will be reported at the next formal or informal meeting of the QAT. The Chairperson may stall a special meeting of the QAT at any time. VL CELAI PERSON/VICE CHAIRPERSON In recognition of the U.S. Coast Guard's jurisdiction and authority on the Miami River, and in recognition of his historic leadership role, the Captain of the Port, U.S. Coast Guard, shall be the Chairperson of the QAT. The Chairperson will be responsible for drafting and distributing the agenda and minutes for each formal and informal meeting of the QAT. Any member of the QAT may submit potential agenda items to the Chairperson. The Chairperson will decide which topic will be included in the final agenda The Captain of the Port will select a Vice -Chairperson for a term of one year at the October formal meeting for the next calendar year. An individual from the same agency or company may not be selected twice in a consecutive three-year period. The Vice -Chairperson will be responsible to serve as Chairperson at any meeting of the QAT, which the Chairperson cannot attend. 3 TW APR-07-1999 09:13 COMMISSIONER SANCHEZ 305 250 5386 P.05 VII. RETENTION OF JURISDICTION Nothing in this MOUA shall detract from the existing responsibility or authority of any interested individual, entity or government agency operating on, or along, or having jurisdiction over, the Miami River and the adjacent land within the City of Miami and Miami -Dade County. V11R. EFFECTIVE DATE AND TERMINATION This MOUA shall become effective when signed by the Steering Committee members. The MOUA shall remain in effect until rescinded by all parties. U.S. COAST GUARD MIAMI DADE COUNTY CITY OF MIAAU STATE OF FLORIDA, DEP OFFICE OF THE STATE ATTORNEY U.S. ARMY CORPS OF ENGINEERS Date Date Date Date Date Date 4 99- "AO 1�- APR-07-1999 09:13 COMMISSIONER SANCHEZ Date SOUTH FLORIDA WATER MANAGEMENT DISTRICT Date U.S. CUSTOMS Date U.S. EM MIGRATION & NATURALIZATION SERVICE Date MIAMI RIVER MARINE GROUP Date MIAMI RIVER COMMISSION Date GROVE PARK HOMEOWNERS ASSOCIATION, INC. _ Date _ SPRING GARDEN CIVIC ASSOCIATION, INC. 305 250 5386 P.06 0y- 302 TOTAL P.06 c %I- i CITY OF MIAMI CITY ATTORNEY'S OFFIC MEMORANDUM/,,.1 TO: Donald H. Warshaw, City FROM: Alejandro Vilarello, C' DATE: April 19, 1999 40 RE: Resolution-Th ami Ij�° City Commission M n€ er Quality Action Team ("QAT") of April 27, 1999, The attached Resolution has been prepared at the request of Commissioner Joe Sanchez. He has requested that it be forwarded to you for placement on the agenda for the commission meeting of April 27, 1999. c: Walter J. Foeman, City Clerk Elvi Alonso, Agenda Coordinator d MemoSanchez.doc ft �ISG`t. �► �.WJ 1 to-