Explanation
Background: The purpose of this legislation is to modify the Guaranteed Maximum Price Reimbursement Agreement (GMPRA) with Gowdy Partners III, LLC to include a contract term from June 2007 to December 2010. City Council passed Ordinance 1022-2009 on July 23, 2009, authorizing the Agreement whereby the City would reimburse Gowdy Partners III, LLC up to $500,000 for pre-remediation brownfield clean up activities. Pre-remediation activities, such as environmental testing, action plans, monitoring pollutants, legal assistance in assembling the CORF application are undertaken prior to the submission of the CORF application. Ordinance 1022-2009 was submitted simultaneous to the submission of the CORF application. With no contract term specified in the contract, expenses incurred prior to July 23, 2009 cannot be reimbursed.
Fiscal Impact: No funding is required for this legislation.
Emergency Justification: Reimbursement of the costs of pre-remediation activities must be received in order to start the full remediation activities covered by the CORF grant.
Title
To authorize the Director of Development to amend the Guaranteed Maximum Price Reimbursement Agreement with Gowdy Partners III, LLC for pre-remediation brownfield clean up activities at the Gowdy North project site by including a contract term from June 2007 to December 2010; and to declare an emergency.
Body
WHEREAS, a $3 million Clean Ohio Revitalization Fund grant has been awarded to Gowdy Partners III, LLC for brownfield remediation of the Gowdy North site; and
WHEREAS, a condition of the grant application included a $500,000 contribution by the City for pre-remediation activities; and
WHEREAS, the Guaranteed Maximum Price Reimbursement Agreement with Gowdy Partners III, LLC did not specify a contract term; and
WHEREAS, both parties wish to modify the GMPRA to include a contract term so that invoices for pre-remediation activities are eligible for reimbursement; and
WHEREAS, an emergency exists in the usual daily operation of the Department of Development, in that it is immediately necessary to modify the existing contract so that brownfield remediation can continue, thereby preserving the public health, peace, property, safety, and welfare; now, therefore
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That the Director of Development is hereby authorized to amend the Guaranteed Maximum Price Reimbursement Agreement with Gowdy Partners III, LLC to include a contract term from June 2007 to December 2010 so that pre-remediation activities are eligible for reimbursement therefore satisfying the terms of the $3 million grant for the Gowdy North site which required a $500,000 contribution by the City.
SECTION 2. That for reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor or ten days after passage if the Mayor neither approves nor vetoes the same.