HomeMy WebLinkAboutR-12-0339City of Miami
Legislation
Resolution: R-12-0339
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 12-00953 Final Action Date: 9/27/2012
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
RATIFYING THE CITY MANAGER'S EXECUTION OF AMENDMENTS TO THE
ADVANCED CLEANUP PROGRAM FUNDING AGREEMENTS, WITH THE STATE
OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, FOR ITS
CONTRIBUTION FOR THE CLEANUP OF ENVIRONMENTAL CONTAMINATION AT
1199 NORTHWEST 62 STREET, MIAMI, FLORIDA (FORMERLY STAR GAS
STATION), CONTRIBUTING AN AMOUNT NOT TO EXCEED $101,316.31 WITH
CITY'S CONTRIBUTION IN THE AMOUNT OF $35,000, FOR A TOTAL AMOUNT OF
$136,316.31; AUTHORIZING THE CITY MANAGER TO NEGOTIATE
AMENDMENTS, MODIFICATIONS AND EXTENSIONS TO SAID AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM(S), FOR A TWELVE (12) MONTH
PERIOD, WITH THE OPTION TO RENEW FOR UP TO TWO (2) ADDITIONAL
TWELVE-MONTH PERIODS UNDER THE SAME TERMS AND CONDITIONS.
WHEREAS, in 2005 the Model City Community Revitalization District Trust ("Model City Trust")
entered into a twelve (12) month agreement with the State of Florida Department of Environmental
Protection ("FDEP") through the Pre -Approved Advanced Cleanup Program ("PAC") for the
environmental cleanup of contamination for the property located at 1199 Northwest 62 Street, Miami,
Florida (formerly Star Gas Station) ("Property"); and
WHEREAS, the environmental cleanup of the Property contributes to the health, welfare and
safety of the residents of the City of Miami ("City") and promotes economic revitalization of the
neighborhood; and
WHEREAS, in both 2006 and 2007, the Model City Trust executed amendments with FDEP to
extend the terms of each agreement for an additional twelve (12) month period respectively; and
WHEREAS, upon the dissolution of the Model City Trust and the creation of the Liberty City
Community Revitalization Trust ("Liberty City Trust"), administrative responsibilities for these grants
transitioned to the Liberty City Trust, while the responsibility for on -site programmatic activities
transitioned to the City's Department of Economic Development-Brownsfields Initiatives; and
WHEREAS, in 2008, 2009, and 2010, the Liberty City Trust executed amendments with FDEP
to extend the terms of each agreement for an additional twelve (12) month period; and
WHEREAS, the City has been responsible for managing the programmatic and administrative
responsibilities for said FDEP grants since 2011; and
WHEREAS, the ratification of said amendments for retroactive approval from the period
beginning March 1, 2011, is required by the City Commission; and
WHEREAS, this is a cost share grant with FDEP contributing 65% funding for each task
City of Miami
Page 1 of 2 File Id: 12-00953 (Version: 1) Printed On: 12/7/2017
File Number: 12-00953 Enactment Number: R-12-0339
leading toward cleanup of the site for an amount of $101,316.31, with payments made directly to the
contractor; and
WHEREAS, the City's cost share portion of the remaining balance of 35%, in the amount of
$35,000, not to be increased without City Commission approval, is a condition precedent to the
performance of the grant by the City; and
WHEREAS, the City intends to use these grant funds to apply for other grants for the total
cost of the clean-up of the Property; and
WHEREAS, the City must execute a new amendment with FDEP to extend the term of the
agreement for twelve (12) months and continue the cost share for the clean-up of the Property; and
WHEREAS, the City Administration is further requesting the City Commission to authorize the
City Manager to negotiate, execute, and amend the agreement with FDEP for the PAC, for the
Property, to extend said agreements for an additional twelve (12) month period, beginning March 1,
2011, with the option to renew for two (2) additional twelve-month periods under the same terms and
conditions;
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
incorporated as fully set forth in this Section.
Section 2. The City Manager's execution of amendments to the PAC funding agreements, with
the FDEP, for FDEP contributions, in an amount not to exceed $101,316.31, with the City's
contribution in the amount of $35,000 for a total amount of $136,316.31, for the cleanup of
environmental contamination at the Property, is ratified.
Section 3. The City Manager is authorized{1} to negotiate amendments, modifications and
extensions to said agreements, in substantially the attached form(s), for a twelve (12) month period,
with the option to renew for up to two (2) additional twelve-month periods under the same terms and
conditions.
Section 4.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.
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