HomeMy WebLinkAboutR-17-0354City of Miami
Resolution R-17-0354
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 2459 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 OWNED PROPERTY LOCATED AT 400
NORTHWEST 2ND 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 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") owned property located at 400 Northwest 2nd
Avenue, Miami, Florida ("Property"), commonly referred to as the "City of Miami Police
Department Headquarters," facilitated the removal of one (1) ten thousand (10,000) gallon
underground storage tank ("Tank") system in the motor pool area in September 2007; and
WHEREAS, in a written communication from the Miami -Dade Department of
Environmental Resources ("DERM") dated August 1, 2008, the City was notified that further
assessment in accordance with Chapter 62-770 of the Florida Administrative Code ("F.A.C.")
would be required; and
WHEREAS, the Property received a priority score of thirteen (13) within the Petroleum
Restoration Program ("PRP") and was placed on a Statewide waiting list of properties seeking
full funding; and
WHEREAS, on or about September 27, 2015, the City was notified of the availability of
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 of Florida 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:
City of Miami Page 1 of 2 File ID: 2459 (Revision:) Printed On: 3/24/2025
File ID: 2459 Enactment Number: R-17-0354
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, at no cost to the City, for the
purposes stated in the Site Access Agreement; 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
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: 2459 (Revision:) Printed on: 3/24/2025