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HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #4696 Date: 08/23/2018 Commission Meeting Date: 09/27/2018 Requesting Department: Office of Capital Improvements Sponsored By: District Impacted: District 2 Type: Resolution Subject: Execute Agreement - Watson Island Purpose of Item: To authorize the City Manager to enter into a site access agreement for Port of Miami Watson Island, for FDEP to conduct a fully funded environmental site assessment, at no cost to the City of Miami, and remediation if necessary. The site access agreement will authorize FDEP to conduct the necessary assessment and remedial cleanup and 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 to make sure that FDEP work does not affect normal facility operations. Background of Item: Port of Miami Watson Island had a documented discharge of petroleum product on June 19, 1990. The discharge at the property is eligible for funding under the June 19, 1990 Petroleum Cleanup Participation Program (PCPP). The PCPP states there is a 25% site owner or responsible party co -pay and the State will pay up to $400,000 for remediation activity. Additionally, the priority score for Watson Island is seven (7), which FDEP has found that approximately 30 percent of the low score sites require minimal or no remediation. As of July 23, 2018, the Watson Island property is 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 Reviewed B Office of Capital Improvements Steven Williamson Department Head Review Completed 08/27/2018 12:44 PM Office of Management and Budget Yvette Smith Budget Analyst Review Completed 09/06/2018 1:04 PM Office of Management and Budget Christopher M Rose Budget Review Completed 09/09/2018 10:45 PM City Manager's Office Nzeribe Ihekwaba Assistant City Manager Review Completed 09/13/2018 11:09 AM Legislative Division City Manager's Office Office of the City Attorney Office of the City Attorney Office of the City Attorney City Commission Office of the Mayor Office of the City Clerk Office of the City Clerk Valentin J Alvarez Nikolas Pascual Pablo Velez Barnaby L. Min Victoria Mendez Nicole Ewan Mayor's Office City Clerk's Office City Clerk's Office Legislative Division Review City Manager Review Assistant City Attorney Review Deputy City Attorney Review Approved Form and Correctness Meeting Signed by the Mayor Signed and Attested by the City Rendered Completed Completed Completed Completed Completed Completed Completed Clerk Completed Completed 09/13/2018 11:48 AM 09/13/2018 9:30 PM 09/14/2018 2:22 PM 09/14/2018 2:34 PM 09/17/2018 6:36 PM 09/27/2018 9:00 AM 10/09/2018 2:54 PM 10/09/2018 3:42 PM 10/09/2018 3:42 PM City of Miami Legislation Resolution Enactment Number: R-18-0406 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 4696 Final Action Date:9/27/2018 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A PETROLEUM RESTORATION PROGRAM SITE ACCESS AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION TO CONDUCT ASSESSMENT AND REMEDIATION, IF NECESSARY, ON CITY OF MIAMI ("CITY") OWNED PROPERTY LOCATED AT 1050 MACARTHUR CAUSEWAY, MIAMI, FLORIDA WITHOUT ANY FEE OR COST TO THE CITY; FURTHER AUTHORIZING CITY MANAGER TO NEGOTIATE AND EXECUTE ANY OTHER NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. WHEREAS, the City of Miami ("City") owned property located at 1050 MacArthur Causeway, Miami, Florida ("Property"), commonly referred to as the "Port of Miami Watson Island," was reported as having a discharge of petroleum product on June 19, 1990; and WHEREAS, the Property is deemed eligible for State -funded cleanup under the Petroleum Cleanup Participation Program due to the initial petroleum discharge reported to the Florida Department of Environmental Protection ("FDEP") in 1990; and WHEREAS, the Property received a priority score of seven (7) within the Petroleum Restoration Program and was placed on a Statewide waiting list of properties for full funding; and WHEREAS, the City was advised of a Notice of Funding and Requirement for New Site Access Agreement for Assessment as of July 23, 2018; and WHEREAS, the City Administration, pursuant to guidelines listed within the Site Access Agreement, attached and incorporated as Exhibit "A", seeks to avail itself of the opportunity to permit FDEP to select an Agency Term Contractor via 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 project to be directly between FDEP and the selected Agency Term Contractor; 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 execute a Petroleum Restoration Program Site Access Agreement, in substantially the attached form, with the FDEP to conduct assessment and remediation, if necessary, for the Property without any fee or cost to the City. Section 3. The City Manager is further authorized to negotiate and execute any other necessary documents, in a form acceptable to the City Attorney, for said purpose. Section 4. 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 911712018 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.