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Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 13-01410 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A
FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC
HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S
FINDINGS, PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, THAT IT IS IN THE BEST INTEREST OF THE
CITY OF MIAMI TO WAIVE THE REQUIREMENTS FOR COMPETITIVE SEALED
BIDDING PROCEDURES; APPROVING ADDITIONAL ENVIRONMENTAL
ASSESSMENTAND CLEAN-UP SERVICES, NOT ORIGINALLY CONTEMPLATED
IN THE SCOPE OF WORK, IN ORDER TO COMPLETE THE REMEDIATION OF
THE PROPERTY LOCATED AT 1199 NORTHWEST 62 STREET, MIAMI, FLORIDA
("PROJECT"); RATIFYING, APPROVING AND CONFIRMING THE CITY
MANAGER'S EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT WITH
CHEROKEE ENTERPRISES, INC., ATTACHED AND INCORPORATED, FOR SAID
PURPOSE IN CONNECTION WITH COMMUNITY DEVELOPMENT BLOCK GRANT
FUNDS PREVIOUSLY ALLOCATED FOR THE ONGOING PROJECT, PURSUANT
TO RESOLUTION NO. 13-0001, ADOPTED JANUARY 10, 2013.
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 multi -task
environmental contamination assessment and cleanup of the property acquired by the Model City
Trust and located at 1199 Northwest 62 Street, Miami, Florida (formerly Star Gas Station) ("Site"); and
WHEREAS, earlier solicitation by Model City Trust for a service provider in compliance with all
applicable federal, state and local regulations to complete the Brownfields cleanup of the Site was
conducted in 2004, with Cherokee Enterprises, Inc., a Florida for -profit corporation ("CEI"), ultimately
selected by the Model City Trust, pursuant to Resolution No. 04-038, adopted October 25, 2004, to
complete the multi -task cleanup work (the "Project") and work at the Site later began in 2009; and
WHEREAS, the Model City Trust made a previous allocation of FDEP funding for the Project
and said funds originally allocated were insufficient for a complete multi -task clean up; 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 Site ownership transitioned to the City of Miami ("City"), and
the responsibility for on -site programmatic activities transitioned to the City's Department of Economic
Development-Brownfields 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
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File Number. 13-01410
WHEREAS, the City has been responsible for managing the programmatic and administrative
responsibilities for said FDEP grants since 2011 and the City has executed amendments for 2011,
2012 and 2013; and
WHEREAS, it is estimated that the additional cost to fully complete the cleanup of the Site is
up to $142,857.14, for which the FDEP will contribute 65% of the Project costs in the amount of
$92,857.14, via the PAC, and FDEP requires that the Site owner contributes 35% of the Project costs;
and
WHEREAS, the City Commission previously authorized the acceptance of said FDEP funds
and authorized the City Manager to negotiate and to execute the required amendments, modifications,
and extensions with FDEP pursuant to Resolution No. 12-0039, adopted September 27, 2012, but the
additional scope of work requires additional tasks increasing costs from $35,000.00 to $50,000.00, so
pursuant to Resolution No. 13-0001, adopted January 10, 2013, the City Commission approved the
allocation of Community Development Block Grant ("CDBG") Close Out Funds in the amount of
$50,000.00 for the City's cost share requirement of the PAC; and
WHEREAS, because the originally procured scope of work with CEI has expired and the
required scope of work now includes additional clean-up that increases costs from $35,000.00 to
$50,000.00, Section 18-85(a) of the Code of the City of Miami, Florida, as amended ("City Code")
requires City Commission approval to ratify a new agreement with CEI to perform additional services
for the Site; and
WHEREAS, in the interest of maintaining continuity of work and to avoid undue additional
costs, in accordance with Section 18-85(a) of the City Code, the Department of Grants Administration,
Department of Procurement, and the City Manager have determined that it is in the City's best interest
to allow CEI to complete the additional cleanup services necessary for the Project and that competitive
sealed bidding for the additional cleanup services is not practicable and would not be advantageous to
the City; and
WHEREAS, a four -fifths (4/5ths) affirmative vote, after an advertised public hearing, is
necessary to waive competitive sealed bidding procedures, as provided in Section 18-85(a) of the City
Code; and
WHEREAS, approval has also been requested to ratify, approve, and confirm the City
Manager's execution of the attached professional services agreement with CEI for the provision of the
additional Project services as contemplated by Resolution No. 13-0001;
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 findings, pursuant to Section 18-85(a) of the City Code, are ratified, approved and
confirmed, and the requirements for competitive sealed bidding procedures are waived, and additional
environmental assessment and clean-up, not originally contemplated in the scope of work, in order to
complete the remediation of the Site, are approved.
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Section 3. The City Manager's execution of a professional services agreement with CEI,
attached and incorporated, for said purpose, is ratified, approved and confirmed in connection with
funds previously allocated from CDBG funds pursuant to Resolution No. 13-0001, adopted January 10,
2013.
Section 4. This Resolution shall become effective immediately upon its adoption and signature
of the Mayor. {2}
APPROVED AS TO FORM AND CORRECTNESS:
VIC bRIA MENDEZ
CITY ATTORNEY
d
Footnotes:
{1 } The authorization herein 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.
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