HomeMy WebLinkAboutLegislationCity of Miami
Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 12-00954 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
RATIFYING THE CITY MANAGER'S EXECUTION OF AMENDMENTS TO THE
ADVANCED CLEANUP PROGRAM FUNDING AGREEMENT, WITH THE STATE
OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, FOR ITS
CONTRIBUTION, FOR THE CLEANUP OF ENVIRONMENTAL CONTAMINATION
AT 6200 NORTHWEST 17TH AVENUE, MIAMI, FLORIDA (FORMERLY
SHAMROCK GAS STATION); CONTRIBUTING AN AMOUNT NOT TO EXCEED
$191,466.83, WITH THE CITY'S CONTRIBUTION IN THE AMOUNT OF $200,000,
FOR A TOTAL AMOUNT OF $391,466.83; AUTHORIZING THE CITY MANAGER
TO NEGOTIATE AMENDMENTS, MODIFICATIONS AND EXTENSIONS TO SAID
AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM(S), FORA 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 6200 Northwest 17th Avenue,
Miami, Florida (formerly Shamrock 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) months 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
City of Miami Page 1 of 3 File Id: 12-00954 (Version: 1) Printed On: 9/17/2012
File Number.' 12-00954
WHEREAS, FDEP contributes a portion of funding of each task leading towards the cleanup of
the site for an amount not to exceed $191,466.83, and the City contributes a portion of a minimum
amount of $200,000 to complete the project, paid with Grant Number BF-95461010-0 from the
Environmental Protection Agency; 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 requesting the City Commission to authorize the City
Manager to negotiate, execute, and amend the agreement with the FDEP for the PAC, for the
Property, to extend said agreement 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 adopted by
reference and incorporated as fully set forth in this Section.
Section 2. The City Manager's execution of amendments to the PAC funding agreement, with the
FDEP, in an amount of FDEP contributions not to exceed $191,466.83, with the City's contribution of
$200,000, for a total amount of $391,466.83, 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 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.
Section 4. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{2}
APPROVED AS TO FORM AND CORRECTNESS:
JULIE O. BRU /r2
CITY ATTORNEY
Footnotes:
City of Miami Page 2 of 3 File Id: 12-00954 (Version: 1) Printed On: 9/17/2012
File Number.' 12-00954
{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 3 of 3 File Id: 12-00954 (Version: 1) Printed On: 9/17/2012