HomeMy WebLinkAboutR-11-0174City of Miami
Legislation
Resolution: R-11-0174
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 11-00296 Final Action Date: 4/28/2011
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BYA
FOUR -FIFTHS (4/STHS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC
HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S
RECOMMENDATION AND FINDINGS, PURSUANT TO SECTION 18-85 OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, WAIVING THE
REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES FOR
THE PROCUREMENT OF ENVIRONMENTAL CONSULTING, ASSESSMENT AND
CONTAMINATION CLEANUP SERVICES, FROM CHEROKEE ENTERPRISES,
INC., FOR THE CITY OF MIAMI OWNED BROWNFIELD PROPERTY LOCATED IN
THE LIBERTY CITY NEIGHBORHOOD, AT 6200 NORTHWEST 17TH AVENUE,
MIAMI, FLORIDA; ALLOCATING FUNDS, IN THE AMOUNT NOT TO EXCEED
$200,000, FROM THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
BROWNFIELD CLEANUP GRANT, TO CHEROKEE FOR SAID PURPOSE;
FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE
ALL DOCUMENTS NECESSARY, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, FOR SAID PURPOSE.
WHEREAS, the City of Miami ("City") owns the property at 6200 Northwest 17th Avenue, Miami,
Florida ("Site"), which has been identified as a Brownfield site due to contamination caused during the
removal of an underground storage tank after the closing of the former Shamrock gas station that
operated on the property; and
WHEREAS, the City was awarded a $200,000 cleanup grant from the United States
Environmental Protection Agency ( "EPA") in response to the City's 2009 Cleanup Grant Application
requesting funding to remove residual petroleum product within the City; and
WHEREAS, pursuant to Resolution No. 10-0444, adopted by the City Commission October 14,
2010, the "Brownfield Assessment and Cleanup Shamrock Site" Project ("Project") was established to
complete the determination of the extent of previously confirmed petroleum contamination, and
cleanup said contamination at the Site; and
WHEREAS, the Project consists of a cost share agreement with the State of Florida Department
of Environmental Protection ("FDEP"), Pre -approved Advanced Cleanup ("PAC") Program; and
WHEREAS, FDEP must approve of the City's contractor per Section 376.30711 (1)(b), Florida
Statutes and Cherokee Enterprises, Inc. ("Cherokee") has been designated by FDEP to perform
investigative and contamination cleanup services at the Site, per the PAC Program agreement; and
WHEREAS, approval is required per Code of Federal Regulations 40 CFR 31.36d4(i)(c), and on
March 14, 2011, the EPA as the funding agency, approved the use of Cherokee for the cleanup at the
Site; and
City of Miami
Page 1 of 2 File Id: 11-00296 (Version: 1) Printed On: 10/5/2017
File Number: 11-00296 Enactment Number: R-11-0174
WHEREAS, the City Administration recommends the allocation of funds in an amount not to
exceed $200,000 from the "EPA Brownfield Cleanup Grant" for Cherokee to complete the City's
share of the necessary cleanup work before June 30, 2013; and
WHEREAS, the City Commission has determined it to be in the best interest of the City to enter
into an agreement with a company that has pre -approval by FDEP to provide the services at the Site;
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 adopted by
reference and incorporated as if fully set forth in this Section.
Section 2. By a four -fifths (4/5ths) affirmative vote, after an advertised public hearing, the City
Manager's recommendation and findings, pursuant to Section 18-85 of the Code of the City of Miami,
Florida, as amended, is ratified, approved and confirmed, and the requirements for competitive
sealed bidding procedures for the procurement of environmental consulting, assessment and
contamination cleanup services, from Cherokee, for the City -owned Brownfield property located in the
Liberty City neighborhood, at the Site, are waived.
Section 3. Funds, in the amount not to exceed $200,000, are allocated, from the "EPA Brownfield
Cleanup Grant", to Cherokee for said services.
Section 4. The City Manager is authorized{1} to negotiate and execute all documents necessary,
in a form acceptable to the City Attorney, for said purpose.
Section 5. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{2}
Footnotes:
{1} 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} If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) 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.
City of Miami Page 2 of 2 File Id: 11-00296 (Version: 1) Printed On: 10/5/2017