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HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #4605 Date: 08/02/2018 Commission Meeting Date: 09/13/2018 Type: Subject: Requesting Department: Office of Capital Improvements Sponsored By: District Impacted: District 2 Resolution Site Access Agreement - City Hall for Environmental Assessment Purpose of Item: To authorize the City Manager to enter into a site access agreement for Miami City Hall, for 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 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: Miami City Hall had a documented discharge of petroleum product on May 10, 1988. The discharge at the property is eligible for funding under the May 10, 1988 Early Detection Incentive (EDI). The EDI allows for the State to fund assessment and/or cleanup; however, a priority score must be assigned, and the site will be placed on a waiting list for funding. As of May 21, 2018, the Miami City Hall 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 Office of Capital Improvements Office of Management and Budget Office of Management and Budget City Manager's Office City Manager's Office Legislative Division Office of the City Attorney Reviewed B Steven Williamson Yvette Smith Christopher M Rose Nzeribe Ihekwaba Nikolas Pascual Valentin J Alvarez Pablo Velez Department Head Review Budget Analyst Review Budget Review Assistant City Manager Review City Manager Review Legislative Division Review ACA Review Completed Completed Completed Completed Completed Completed Completed 08/02/2018 4:59 PM 08/27/2018 2:53 PM 08/29/2018 11:33 AM 08/29/2018 12:19 PM 08/29/2018 1:47 PM 08/30/2018 11:21 AM 09/04/2018 11:43 AM 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 Barnaby L. Min Victoria Mendez Joyce Jones Mayor's Office City Clerk's Office City Clerk's Office Deputy City Attorney Review Approved Form and Correctness Meeting Signed by the Mayor Completed Completed Completed Completed Signed and Attested by the City Clerk Completed Rendered Completed 09/04/2018 2:41 PM 09/04/2018 5:06 PM 09/13/2018 9:00 AM 09/24/2018 4:14 PM 09/24/2018 4:27 PM 09/24/2018 11:14 PM City of Miami Legislation Resolution Enactment Number: R-18-0358 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 4605 Final Action Date:9/13/2018 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A PETROLEUM RESTORATION PROGRAM SITE ACCESS AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION ("FDEP") TO CONDUCT ENVIRONMENTAL SITE ASSESSMENT AND REMEDIATION, IF NECESSARY, FOR THE CITY OF MIAMI ("CITY") OWNED PROPERTY LOCATED AT 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA ("PROPERTY"), COMMONLY REFERRED TO AS "MIAMI CITY HALL," AT NO FEE OR COST TO THE CITY; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY SUCH OTHER DOCUMENTS OR AGREEMENTS NECESSARY, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. WHEREAS, the City of Miami ("City") owned property located at 3500 Pan American Drive, Miami, Florida ("Property"), commonly referred to as "Miami City Hall," was reported as having a discharge of petroleum product on May 10, 1988; and WHEREAS, the Property is deemed eligible for state -funded cleanup under the Early Detection Incentive ("EDI") program due to the reporting of said petroleum discharge to the State of Florida Department of Environmental Protection ("FDEP") in 1988; and WHEREAS, the Property received a priority score of 7 per FDEP's Petroleum Restoration Program ("PRP") and was placed on a Statewide waiting list of properties designated for full funding; and WHEREAS, the City was notified via a "Notice of Funding and Requirement of New Site Access Agreement" for said assessment as of May 21, 2018, requiring execution of the PRP Site Access Agreement ("Agreement") before the Property can be assessed and remediated utilizing any of the State -funded cleanup programs; and WHEREAS, the City seeks to avail itself of this 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, if necessary, and for the associated funding of the project directly between FDEP and said selected Agency Term Contractor per the guidelines listed within the 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 execute the Agreement, in substantially the attached form, with FDEP to conduct environmental site assessment and remediation, if necessary, for the Property at no fee or cost to the City. Section 3. The City Manager is further authorized to negotiate and execute any such other documents or agreements necessary, 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, Ginty Attor ey 9/4/2018 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.