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HomeMy WebLinkAboutAgenda Coordinator Clarification MemoCITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: Todd B. Hannon DATE: December 17, 2015 City Clerk FROM: Anna M. Medina Agenda Coordinator SUBJECT: Exhibit to resolution for Item RE.5 — December 10, 2015 Commission Meeting (File I.D. 15-01415). REFERENCES: ENCLOSURES: Exhibit This memorandum is to advise that the exhibit that accompanied the resolution for File I.D. 15-01415, which was Item RE. 5 on the December 10, 2015 City Commission agenda authorizing the City Manager to execute a Petroleum Restoration Program Site Access Agreement with the State of Florida Department of Environmental Protection to continue the environmental remediation of the City of Miami owned property located at 1199 Northwest 62nd Street, was inadvertently not attached to the item and subsequently not published on the web. Therefore, I respectfully request that the Office of the City Clerk make this exhibit a part of the official record for this item. C: Victoria Mendez, City Attorney Jeovanny Rodriguez, Director, Department of Transportation and Capital Improvements d j - 0141S — y/lcdA Coordi n44or CtAti-'ca oet CY1 AO Florida Department of Environmental Protection Bob Martinez Center 2600 Blair Stone Road Tallahassee, Florida 32399µ2400 9/15/2015. CITY OF MIAMI ASSET MGMT 444 SW 2ND AVE #325 MIAMI, FL 331304910 Subject: Notice of Funding Availability for Assessment STAR #1224 1199 NW 62ND ST 1VIIAMI, MIAMI-DADE COUNTY FDEP Facility ID#13 8506094 Eligible Discharge Date: 10/20/1987 (EDI) Priority Score: 10 Dear Property Owner: Rick Scott Governor Carlos Lopez-Cantera Lt. Governor Jonathan P. Steverson interim Secretary \.444\1\ syt,AL,s c.n Y ID CO Funding is currently available from the Petroleum Restoration Program (PRP) to perform a Low- Score Assessment (LSA) to assess the extent of the petroleum discharge at your facility. Any co -payments or deductibles associated with this discharge will ns8 be required at this time unless the data demonstrates the site qualifies for closure and is issued a Site Rehabilitation Completion Order (SRCO). In order to participate in this program, a site access agreement must be signed and returned. Please execute and return the attached PERMISSION TO ENTER PROPERTY form as soon as possible using the enclosed self-addressed stamped envelope, but within 30 days of the date of this letter. Upon receipt of the completed form, the PRP will begin preparing a scope of work and assigning a competitively procured Agency Term Contractor to begin assessment activities at your site. Recent legislation now requires the PRP to select contractors to perform assessment and remediation of state -funded petroleum contamination. As a result, the PRP selects contractors through a competitive procurement process that is outlined in Chapter 62-772, Florida Administrative .Code, ww.w,dep,stare jl.gs : 1. CITY OE MIAMI ASSET MGMT FD1P Facility ID# 8506094 Page 2 of 2 9/15/2015 The PRP will consider any input you may want to provide with respect to the rehabilitatioia of this facility. If you would like to provide such input,`or•would like the opportunity to reject one agency term contractor prior to as•srgnment, please check the appropriate box of the form and provide contact information as soon as possible using the enclosed self-addressed stamped envelope, again within 30 days of the date of this letter. If you have any questions, please contact Rob Perlowski at 850-245-8917 or Robert Perlowski®dep.state,fl.us. Thank you for your assistance, Sincerely, • Alan Sakole Environmental Supervisor York Risk Services Group, Inc; Administrative Services Contractor Alan.Sakole@yorkrsg.com Enclosure; Permission To Enter•Property. .Note, this Cover letter is for your records and should not be returned. INSTRUCTIONS FOR COMPLETION OF SITE ACCESS AGREEMENT This agreement is required to allow FDEP and the .Agency Term Contractor (ATC) personnel to enter your property to perform remediation services. Upon issuance of a Closure Order, your site will be restored as nearly as practical to the conditions which existed before the activities, and the access agreement shall be terminated. The Agreement includes 2lstandard paragraphs. Alteration may not be made directly on the original agreement. In addition, there are four questions concerning -owner access prefereiioe that must be answered by checking the corresponding boxes Any additional requirements or agreements may not result in the J DEP incurring additional expenses. Please see the instructions following each question for more information. A. Are additional requirements attached to this agreement? Note: Additional requests must be on a separate page titled Exhibit B and include the facility MO, owner signature and date on the page. Some property owners require additional access conditions, such as those mandated in the Jessica Lundsford Act for school properties, or have specific requirements regarding notification of work. Additional requirements may be requested on a separate signed and dated page to this agreement, to be titled Exhibit B. Such requests .are subject to evaluation and approval by the Department. You will be informed if the Department cannot accept your request. Any changes or alterations to the standard access agreementmust be made in Exhibit ) , and not on the original agreement. 13. Do you wish to participate or provide input with respect to rehabilitation of this facility? If you wish to be in close communication with the ATC and receive notifications of work, copies of reports and reconunendations for the site, select "yes" for this option. If you prefer to be hands off and let the ATC conduct all work as directed by the FDEP, please select "no," C. Do you wish to exercise the option to reject one Agency Term. Contractor prior to assignment of work? As required by legislation outlined in Chapter 62.772 Florida Administrative Code, FDEP will use a competitive procurement process to select an ATC to conduct the assessment/remediation activities, Checking "yes" for the above option allows you to be informed by FDEP which ATC is selected before they are authorized to initiate activities, and reject one selected ATC, if you so choose.. D. Do you want the Contractor to contact you to obtain a separate site access. agreement? Note: Additional site access agreements between the owner and ATC must be completed within ninety (90) calendar days, If "yes"' is selected, you will be contacted by the ATC to discuss the terms of your additional site access agreement prior to beginning any work at your site. The State of Florida does not roview or give. advice regarding these separate agreements. If you choose to do this, the separate access agreement cannot contradict, and must be subservient to, the agreement between the owner and the FDEP. Page 1 of l Slit ACCESS AGREEMENT 1. The Parties. The undersigned real property owner, CITY OF MIAMI ASSET.MGMT., ("Owner"), hereby give(s) permission to the State of Florida, Department of Environmental Protection ("Department") and its Agency Term Contractor, subcontractors, and vendors ("Contractor"), to enter the Owner's property ("the Property") located at 1199 NW 62ND ST , MIAMI 33150, FDER Facility ID: 8506094. 2. The Property. Owner owns the certain parcel(s): 0131140210950 of real property located at 1199 NW 62ND ST, MIAMI Florida 33150 (the "Property"), depicted on the attached legal description as Exhibit "A 3. Permissible Activities. This Site Access Agreement ("Agreement") is limited to activities which tray be performed by the Department or its Contractors pursuant to Chapter 62- 780, Florida Administrative Code (F,A.C.), without cost to the Owner (unless required in a separate agreement) to locate contamination, determine contamination levels and, when necessary, remove and remediate contamination which may be performed by the Department and its Contractor. This access is provided only for the contamination either eligible for a state - funded cleanup or is being investigated pursuant to a consent order with the Department. The following activities are included in this Agreement but are not limited to this list: • conduct soil, surface, subsurface, and groundwater investigations, including but not limited to entry by a drill rig vehicle and/or support vehicles; • install and remove groundwater monitoring wells; • use geophysical equipment; • use an auger for collecting soil and sediment samples; • locate existing wells; • collect waste, soil, and water samples; • remove, treat and/or dispose of contaminated soils and water; • remove contaminated soil by digging with baekhoes, large diameter augers and similar equipment; • install, operate; and remove remedial equipment; • install and remove utility connections; • trenching for connection of remediation wells to equipment; and • conduct surveys, prepare site sketches, and take photographs.. 4. Djjration and Termination of Access. 'This Agreerrient is granted, without any fee or charge to the Department or Contractor, for so long as is necessary to assess, remove, monitor and remediate the contamination on the Property. Access shall beallowed for the Department (including its employees and contracted site managers with Teams 5 and 6 or local government, if applicable) immediately upon the execution of this Agreement. However, access for a Contractor can be contingent upon the Owner timely entering into a separate site access agreement with the Contractor (if the Owner wants a separate agreement with the Contractor please check the appropriate box at the end of this document). Such agreement with a Contractor is not binding upon the Department. This Agreement shall continue until the Department's entry of a site rehabilitation completion order pursuant. to Rule 62-780,680, Florida Administrative Page '1 of 5 • Code, or low -scored site initiative no further action order pursuant to Section 376,3071(12)(b), Florida Statutes ("Order").. At which time the Owner shall be provided a copy of the Order and this Agreement shall be automatically terminated. 5. Work Performed during Business Hours. The Department and Contractor may enter the Property during normal business hours and may also make arrangements to enter the Property at other times after agreement from the Owner. 6. Activities Comply with Applicable Laws. The Department and Contractor agree that any and all work performed on the Property and in association with this Agreement shall be done in a good, safe, workmanlike manner, and in accordance with applicable federal and state statutes, rules and regulations. 7. Proper Disposal of Contaminated Media. The Department and Contractor shall ensure that soil cuttings, any work materials, and water generated shall be disposed of in accordance with Environmental Laws, All soil cuttings, waste materials and development water generated shall be promptly removed from the Property. 8. Property Restoration, The Department shall pay the reasonable costs of restoring the Property as nearly as practicable to the conditions which existed before activities associated with contamination assessment or remedial action were taken, 9. Owner's Nn-,n.terference. The Owner shall not interfere with the Department or Contractor when performing the Permissible Activities. Owner shall not damage any equipment including wells, piping, and remediation system that may be located on the Property. Owner shall notify the Department 90 days prior to commencement of any construction, demolition or other work on the Property that may damage or destroy any part of the equipment installed under this Agreement. If the Department anticipates that the remediation equipment will not be used .for over one calendar year, the Owner can request removal of the remediation equipment if it is interfering with the operation of the business. or with planned construction activities. /0. Non -revocable.. If Property is the source of the discharge that is eligible for State funded. remediation pursuant to Chapter 376, Florida Statutes,access to the Property is required and Owner may not revoke this Agreement with the Department until the appropriate site rehabilitation completion order is issued under Chapter 62-780.680 or a low -scored site initiative order issited pursuant to Section 376.3071(12)(b), Florida Statutes, is final. 11, No Admission. The granting of this Agreement by the Owner is not intended, nor should it be construed, as an admission of liability on the part of the Owner for any contamination discovered on the Property. 12. Owner' s Use of Property. The Owner retains the right to use the Property, and the Department and its Contractors will work with the Owner regarding minimizing activities that may interfere with the Owner's management and use of the Property. However, neither the Department nor the Contractor are responsible for any inconvenience, economic injury, or business damage that Owner may suffer due to' the performance of any Permissible Activity. This agreement does not modify any legal right the parties may have regarding negligent acts. 13. Owner's. Release of Claim. if Owner selected a qualified contractor (not an agency term contractor), the Owner hereby releases the Department from any and all claims against the Page 2 of 5 Department performed by the Owner's selected contractor arising. from or by virtue .of, the Permissible Activities. 14., Injury to Department. The Owner shall not be liable for any injury, damage or loss on the Property suffered by the Department, Department employees or Contractorsnot caused by the negligence or intentional acts of the Owner's agents or employees. 15. Inndemnification. The Department does not indemnify the Owner, see paragraph 16. The Contractor has indesnni.fied the Department. However, if the Owner chooses to enter into a separate access agreement with the Contractor, the Contractor is not prohibited from indemnifying Owner as long as such indemnification does not conflict with the Contractor's indemnification of the Department. Where no conflicts exist, any subsequent indemnification by the Contraotor to any party associated with the Permissible Activities is subservient and subordinate to the Contractor's indemnification of the Department. 16, Sovereign Immunity, The Department acknowledges and accepts its responsibility under applicable law (Section 768.28, Nlorida Statutes) for damages caused by the acts of its employees while on the Property. 17. public Records. All documents created or received associated with the Permissible activities are a public record pursuant to Chapter 119, Florida Statutes. The Owner may retrieve any documents or other information related to the Permissible Activities online using the facility number reference above. http://depedms.dep,state.fl,us/Oculus/servlet/login?action=login 18. Entire Agreement. This Agreement shall constitute the entire agreement between the Department and the Owner regarding this grant .of access to the Department as stated herein. No modification, amendment or waiver of the terms and conditions of this Agreement shall be binding upon Department unless approved in writing by an authorized representative of Owne1' and ..Department. 19, Governing Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Venue for any action or proceeding arising from or relating to this Agreement shall be in the appropriate Florida court having jurisdiction located in Leon County, Florida. 20. Severability. Any provision of this A.greeinent that is prohibited or unenforceable shall be ineffective to the extent of such prohibition or'un nforceability without invalidating thb remaining provisions hereof. .1. No Third Party Beneficiaries. This Agreement is solely for the benefit of the parties hereto and their respective successors and. assigns and shall not be deemed to confer upon third parties any remedy, claim, liability, or reimbursement, claim of action or other right. A. Are additional requirements attached to this agreement? Note: Additional requirements must be on a separate page titled Exhibit B and include the facility ID#, owner signature and date on the page. YES NO Page: 3 of 5 B. Do you wish to participate or provide input with respect to rehabilitation of this facility? YES NO C. Do you wish to exercise the option to reject one Agency Term Contractor prior to assignment of work? YES NO D. Do you want the Contractor to contact you to obtain a separate site access agreement? Note: Additional site access agreements must be completed between the owner and ATC within ninety (90) calendar days, YES NO Signature of each Property Owner Signature of Witness Print Name Date Print Name Date Property Owner Mailing Address Property Owner,Telephone.or Cell Phone Number Property Owner E-mail Address Page 4 of 5 Accepted by the State of Florida Department of Environmental Protection: Diane D. Pickett, P.G. Program Administrator Petroleum Restoration Program Date Signature of Witness Print Name Date Attachments: Exhibit A- Legal description of the Property, FDEP Coordinates (Degrees Minutes Seconds) for Facility 8506094: Page 5of5 Attachment A Short Legal Description: WOODMERE PB 14-11 LOT 1 "2 3 & 4 INC & W 15 FT LOT 5 BLK 5 LOT SIZE 12819 SQUARE FEET OR 19451-2635 0101 3 FDEP Ooordinates(D.egrees Minutes Seconds) for Facility 13/ 8506094: Latitude 25 ° 49' 56.2055 " Longitude 80° 12' 58.7892"