HomeMy WebLinkAboutR-23-0093City of Miami
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Resolution R-23-0093
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Legislation
File Number: 13268
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 2/23/2023
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A
PETROLEUM RESTORATION PROGRAM SITE ACCESS AGREEMENT WITH
THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION ("FDEP")
TO GRANT SITE ACCESS TO FDEP'S CONTRACTOR IN ORDER TO
CONDUCT A FDEP-FUNDED ENVIRONMENTAL ASSESSMENT ON, AND IF
NECESSARY, A FDEP-FUNDED REMEDIATION OF THE CITY OF MIAMI
("CITY") OWNED PROPERTY LOCATED AT 5215 WEST FLAGLER STREET,
MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A",
ATTACHED AND INCORPORATED ("PROPERTY"); FURTHER AUTHORIZING
THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER
NECESSARY DOCUMENTS, INCLUDING BUT NOT LIMITED TO
AGREEMENTS WITH FDEP'S CONTRACTOR IN ORDER TO PERMIT
ACCESS TO THE PROPERTY TO COMPLETE SAID ASSESSMENT AND
REMEDIATION, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY,
FOR SAID PURPOSE.
WHEREAS, on May 10, 2021, pursuant to Resolution No. 21-0229, the City Commission
authorized the acquisition of the real property located at 5215 West Flagler Street, Miami, FL
33134, as more particularly described in Exhibit "A", attached and incorporated ("Property"); and
WHEREAS, the Property was previously a gas station and an environmental remediation
occurred at the Property upon closure of the station, but some contamination remained even
though it is not currently exposed to the general public; and
WHEREAS, in August 2021, a Phase I Environmental Site Assessment ("ESA") was
conducted and, based on the information obtained during the Phase I ESA, it is recommended
that a Phase 11 ESA be performed to verity the presence or absence of contaminants of concern
that may be impacting the Property; and
WHEREAS, although the City of Miami ("City") is not currently required to address any
pre -construction environmental contamination, a voluntary Phase II ESA was conducted on
September 13, 2021, on the Property that revealed the presence of small traces of soil
contamination that were below Florida Department of Environmental Protection ("FDEP")
cleanup target levels and contamination in groundwater that exceeded FDEP cleanup target
levels; and
WHEREAS, on November 4, 2021, the City acquired the Property in order to
redevelopment it into affordable housing; and
WHEREAS, on October 11, 2022, FDEP issued a letter to the City that indicated that the
Property was eligible for funding assistance, and requested access to the Property in order to
City of Miami Page 1 of 2 File ID: 13268 (Revision:) Printed On: 3/2/2023
File ID: 13268 Enactment Number: R-23-0093
conduct a FDEP-funded environmental assessment, and if necessary, a FDEP-funded
remediation; and
WHEREAS, the environmental assessment will be conducted by FDEP's contractor at
no cost to the City, and the results of the environmental assessment will reveal whether there is
a need for further testing, remediation, or risk -based corrective action; and
WHEREAS, the City seeks to avail itself of the opportunity to permit FDEP to select a
contractor through a preapproved rotation of vendors, through a previous State -managed
competitive procurement process, to conduct the assessment and remediation of the Property, if
necessary, and for associated funding of the aforementioned assessment and remediation to be
directly between FDEP and the selected contractor; and
WHEREAS, it is recommended that the City authorize the negotiation and execution of a
Petroleum Restoration Program Site Access Agreement ("Access Agreement") with FDEP, for
the purpose of granting access to conduct a Phase II ESA on, and if necessary, a remediation
of the Property, where the environmental assessment and any necessary remediation will be
conducted by a FDEP's contractor at no cost to the City;
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 is authorized' to negotiate and execute an Access
Agreement with FDEP to grant site access to FDEP's contractor in order to conduct a FDEP-
funded environmental assessment on, and if necessary, a FDEP-funded remediation of the
Property.
Section 3. The City Manager is authorized' to negotiate and execute any and all other
necessary documents, including but not limited to agreements with FDEP's contractor in order
to permit site access to the Property to complete said assessment and remediation, all in forms
acceptable to the City Attorney, for said purpose.
Section 4. This Resolution shall become effective immediately upon adoption.
APPROVED AS TO FORM AND CORRECTNESS:
i t6ria i ndez, Ci[y Hktor ey 2/13/2023
' The herein authorization is further subject to compliance with all legal requirements that may be
imposed, including but not limited to, those prescribed by applicable City Charter and City Code
provisions.
City of Miami Page 2 of 2 File ID: 13268 (Revision:) Printed on: 3/2/2023