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HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #2458 Date: 06/20/2017 Commission Meeting Date: 07/27/2017 Requesting Department: Office of Capital Improvements Sponsored By: District Impacted: District 1 Type: Resolution Subject: Authorize Site Access Agreement - Fleet Management GSA Purpose of Item: To authorize the City Manager to enter a site access agreement for the City of Miami Fleet Management GSA Fuel Facility, in order for the State of Florida Department of Environmental Protection (FDEP) to conduct a fully funded environmental site assessment and remediation if necessary, at no cost to the City of Miami. The site access agreement will authorize FDEP to conduct the work specifically around the area adjacent to (but not within) the current fuel tank area in which 15 former underground storage tanks were previously located. The agreement will authorize FDEP to manage the project in its entirety which includes selection of a contractor, and all financial transactions directly between FDEP and the contractor. The City will reserve the right to be informed about all testing results and remediation decisions in order to make sure that FDEP work does not affect normal facility operations. Background of Item: The City of Miami Fleet Management GSA Fuel Facility has documented discharges from leaking underground storage tanks (USTs) dating back to 1987. The suspected leaking USTs were not removed until 2003, which also required sampling of soil in the immediate vicinity of the UST removal. The soil samples confirmed that contamination has remained in the form of Liquid Phase Hydrocarbons (LPH) and needed to be further assessed as indicated in a letter correspondence from the Miami -Dade Department of Environmental Resources Management (DERM) dated July 12, 2004. The property located at 1970 NW 13th Avenue was in a Petroleum Cleanup Preapproval Program, which was a cost share agreement; however under the Petroleum Restoration Program, the facility can obtain a fully funded State assessment and cleanup if necessary once it's State designated priority score of 10 became available from a waiting list. As of 9/24/2015, the Miami Fleet Management GSA Fuel Facility has been eligible for the State to further investigate contingent upon an executed site (property) access agreement. Budget Impact Analysis Item has NOT an Expenditure Item is NOT Related to Revenue Item is NOT funded by Bonds Total Fiscal Impact: N/A Office of Capital Improvements Office of Management and Budget Office of Management and Budget City Manager's Office Office of the City Attorney City Manager's Office Office of the City Attorney Office of the City Attorney City Commission Office of the Mayor Office of the City Clerk Reviewed B Jeovanny Rodriguez Yvette Smith Christopher M Rose Alberto N. Parjus Valentin J Alvarez Daniel J. Alfonso Barnaby L. Min Victoria Mendez Nicole Ewan Mayor's Office City Clerk's Office Department Head Review Budget Analyst Review Budget Review Assistant City Manager Review Legislative Division Review City Manager Review Deputy City Attorney Review Approved Form and Correctness Meeting Signed by the Mayor Completed Signed and Attested by the City Clerk Completed Completed 06/22/2017 11:33 AM Completed 07/09/2017 1:55 PM Completed 07/17/2017 11:31 AM Completed 07/17/2017 3:57 PM Completed 07/17/2017 4:07 PM Completed 07/17/2017 6:00 PM Completed 07/18/2017 4:13 PM Completed 07/18/2017 6:14 PM Completed 07/27/2017 9:00 AM 08/04/2017 4:32 PM 08/04/2017 5:40 PM City of Miami Legislation Resolution Enactment Number: R-17-0353 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 2458 Final Action Date:7/27/2017 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A PETROLEUM RESTORATION PROGRAM SITE ACCESS AGREEMENT ("SITE ACCESS AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION ("FDEP") FOR THE CITY OF MIAMI ("CITY") OWNED PROPERTY LOCATED AT 1970 NORTHWEST 13TH AVENUE, MIAMI, FLORIDA AUTHORIZING FDEP TO CONDUCT A FULLY FUNDED ENVIRONMENTAL SITE ASSESSMENT AND REMEDIATION, IF NECESSARY, AT NO COST TO THE CITY, FOR THE PURPOSES STATED IN THE SITE ACCESS AGREEMENT; AUTHORIZING FDEP TO CONDUCT SPECIFIC WORK WITHIN THE PROPERTY; AUTHORIZING FDEP TO MANAGE THE PROJECT IN ITS ENTIRETY, TO INCLUDE ALL ASSOCIATED COSTS, INCLUDING THE SELECTION OF AN AGENCY TERM CONTRACTOR ("ATC"); AND RESERVING FOR THE CITY THE RIGHT TO BE INFORMED ABOUT ALL TESTING RESULTS AND REMEDIATION DECISIONS IN ORDER TO ENSURE THAT FDEP'S WORK ON THE PROPERTY DOES NOT AFFECT NORMAL FACILITY OPERATIONS. WHEREAS, the City of Miami ("City") owns the property located at approximately 1970 Northwest 13th Avenue, Miami, Florida, commonly referred to as the "City of Miami Fleet Management GSA Fuel Facility" ("Property"); and WHEREAS, the City facilitated the removal of fifteen (15) underground storage tanks ("Tanks") of various sizes within the facility during the months of August through October 2003; and WHEREAS, in a written communication from the Miami -Dade Department of Environmental Resources ("DERM") dated July 12, 2004, the City was notified that further assessment would be required in accordance with Chapter 62-770 of the Florida Administrative Code; and WHEREAS, previous assessments and remediation work under the Petroleum Cleanup Preapproval Program ("PCPP") required a cost sharing agreement; however, under the Petroleum Restoration Program ("PRP"), the Property still received a funding priority score of ten (10) and was placed on a waiting list of properties eligible for full funding; and WHEREAS, on or about September 24, 2015, the City was notified of the availability of State of Florida ("State") funding for this Property by a "Notice of Funding Availability for Assessment"; and WHEREAS, the City Administration seeks to permit FDEP to select an Agency Term Contractor ("ATC") through a previous State managed competitive procurement process to conduct the assessment and necessary remediation, if necessary, at the sole cost of FDEP pursuant to the guidelines listed within the Petroleum Restoration Program Site Access Agreement, in substantially the attached form ("Site Access Agreement"); 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. The City Manager is authorized to enter into a Site Access Agreement, in substantially the attached form, for the Property authorizing FDEP to conduct a fully funded environmental site assessment and any necessary remediation, no cost to the City, for the purposes stated in the Site Access Agreement; authorizing FDEP to conduct work within the Property; authorizing FDEP to manage the project in its entirety, including the selection of an ATC and all costs associated therewith; and reserving for the City the right to be informed about all testing results and remediation decisions in order to ensure FDEP's work does not affect normal facility operations. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: ndez, City Httor ey 7/18/2017 1 The herein authorization 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 City Code provisions. 2 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) 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.