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Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 12-01328 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL
AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MIAMI-DADE
COUNTY ("COUNTY") FOR THE REMEDIATION AND CLOSURE OF THE
VIRGINIA KEY LANDFILL; FURTHER TERMINATING THE GRANT AGREEMENT
WITH THE COUNTY DATED AUGUST 24, 2004, FOR THE PREPARATION OF A
CONTAMINATION ASSESSMENT PLAN AND SITE ASSESSMENT REPORT AND
REPLACING IT WITH THIS INTERLOCAL AGREEMENT FOR CLOSURE OF THE
VIRGINIA KEY LANDFILL.
WHEREAS, pursuant to Resolution No. 04-0440, adopted July 8, 2004, the City of Miami
("City") and Miami -Dade County ("County") entered into a Grant Agreement dated August 24, 2004,
whereby the County agreed to provide certain grant funds ($650,000) to be used toward funding the
cost to prepare a contamination assessment plan ("CAP") and site assessment report ("SAR") for the
former Virginia Key Landfill ("Landfill"); and
WHEREAS, the City completed the CAP and a portion of the work necessary for the SAR; and
WHEREAS, the parties desire to terminate the Grant Agreement and replace it with the
attached Landfill Remediation and Closure Interlocal Agreement ("Agreement"); and
WHEREAS, the parties agree that it is in their mutual best interests and the best interests of
the citizens of the County to have the County conduct the Landfill remediation and closure, including
completion of the SAR, preparation of a Remedial Action Plan, construction and implementation of the
Regulatory and Economic Resources Department) [formerly Department of Environmental Resources
Management (DERM)] approved remedial system design, performance of Landfill closure construction
and securing Landfill closure certification; and
WHEREAS, taking into account the City's proposed use of the Landfill as a public purpose
park, the County agrees to fund a portion of the post -closure groundwater remediation costs, up to
$1,000,000 per year, including those costs that may be attributable to the County's use of the Landfill
for sewage sludge disposal from the adjacent County operated waste water treatment facility; and
WHEREAS, the attached Agreement has been negotiated between the County and the City,
detailing the responsibilities of the parties;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings found in the Preamble to this Resolution are adopted by
reference and incorporated as fully set forth in this Section.
City of Miami
Page 1 of 2 File Id: 12-01328 (Version: 1) Printed On: 12/3/2012
File Number: 12-01328
Section 2. The City Manager is authorized{1} to execute an Agreement, in substantially the
attached form, with the County for the remediation and closure of the Landfill.
Section 3. The Grant Agreement with the County dated August 24, 2004 for the preparation of
a contamination assessment plan and site assessment report, is terminated, and is replaced with the
attached Agreement for closure of the Landfill.
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
CITY ATTORNE
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 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: 12-01328 (Version: 1) Printed On: 12/3/2012