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File #: 24-1886A    Version: 1
Type: Contract/Agreement Status: Passed
File created: 10/17/2024 Department: Public Works
On agenda: 11/19/2024 Final action: 11/19/2024
Title: Brownfield Site Rehabilitation Agreement with the Florida Department of Environmental Protection for the Dansville Central Historic Landfill Brownfield Site.
Attachments: 1. PE_AATF - Agreement including Attachments A-F, 2. AATF - Agreement including Attachments A-F, 3. Location Map, 4. Resolution 06-70 Contractual Indemnification by the County, 5. OMB.REVIEW_24-1886A PW Brownfield Site Rehabilitation Agreement 10-24-24, 6. FW Pinellas County Dansville Central Historic Landfill New BSRA (BF Area ID# BF520801000; BF Site ID # BF520801002)

Subject:

Title

Brownfield Site Rehabilitation Agreement with the Florida Department of Environmental Protection for the Dansville Central Historic Landfill Brownfield Site.

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Recommended Action:

Recommended Action

Approval of the Brownfield Site Rehabilitation Agreement (BSRA) with the Florida Department of Environmental Protection for the Dansville Central Historic Landfill Brownfield Site.

 

                     The County will conduct site rehabilitation on contaminated areas within the Dansville Central Historic Landfill Brownfield Site.

                     The County designated the Dansville Central Historic Landfill a Brownfield site in 2008 per Resolution 08-117.

                     BSRA allows the County to receive tax credit incentives providing reimbursement of certain costs associated with site rehabilitation.

                     Authorization for the Public Works Department Director or designee to sign and file reports, plans, or other administrative documents related to Brownfield site rehabilitation.

                     Agreement commits Pinellas to ensure site rehabilitation is in accordance with Chapter 62-160, F.A.C.

                     The Brownfield Voluntary Cleanup Tax Credit incentive provides up to fifty percent of the cost of site assessment and rehabilitation (maximum of $500,000.00/year) in the form of corporate tax credits, which can be sold to eligible corporate entities.

                     Funding for the expense of this agreement is not specifically budgeted in Fiscal Year 2025. As the amount of the cleanup becomes clearer, funds will be identified and brought to the Board for approval as necessary (including the 50% provided by this agreement and including approximately $200,000.00 of Community Development Block Grant funds may be made available for this rehabilitation with Board approval). The agreement also allows for termination upon written notice. Termination by either party will revoke immunity provision of the Agreement.

 

Maximum amount up to $500,000.00 in tax credits annually; Authorize the Chairman to sign and the Clerk of the Circuit Court to attest.

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Strategic Plan:

Practice Superior Environmental Stewardship
3.3 Protect and improve the quality of our water, air, and other natural resources.

 

Summary:

Summary

Execution of the BSRA is the final administrative step towards rehabilitation of the Site and allows County to gain access to Florida Brownfield Program incentives in the form of Voluntary Cleanup Tax Credits (VCTC).  This provides reimbursement of certain costs associated with Brownfield rehabilitation.  The BSRA also provides a schedule for rehabilitation and a framework for reporting and documenting progress.

Section 9 of the Agreement states the County shall save and hold harmless and indemnify FDEP, which the County does allow per Resolution 06-70 attached. The County Attorney has documentation from FDEP’s General Counsel that FDEP will not change its indemnity language.

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Background Information:

In July 2008, the Board of County Commissioners (BCC) adopted Resolution 08-117 to establish the Dansville Brownfield area. A BSRA Agreement with FDEP is required to ensure the project can receive VCTC incentives. The BSRA also provides a schedule for rehabilitation and a framework for reporting and documenting progress.

 

Fiscal Impact:

The Brownfield Voluntary Cleanup Tax Credit incentive provides up to fifty percent of the cost of site assessment and rehabilitation (maximum of $500,000/year) in the form of corporate tax credits which can be sold to eligible corporate entities.

 

 

Staff Member Responsible:

Kelli Hammer Levy, Director, Public Works

 

Partners:

FDEP

 

Attachments:

Agreement including Attachments A-F
Location Map

Resolution 06-70