HomeMy WebLinkAboutR-17-0353City of Miami
Resolution R-17-0353
Legislation
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
City of Miami Page 1 of 2 File ID: 2458 (Revision:) Printed On: 3/24/2025
File ID: 2458 Enactment Number: R-17-0353
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 Attor 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.
City of Miami Page 2 of 2 File ID: 2458 (Revision:) Printed on: 3/24/2025