HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM
File ID: #18819
Date: 01/22/2026
Commission Meeting Date: 02/12/2026
Requesting Department: Office of Capital
Improvements
Sponsored By: Miguel Gabela
District Impacted: District 1
Type: Resolution
Subject: Accept - FDEP PCPP and Site Access Agrmnt - GSA 1390 NW 20th St
Purpose of Item:
To authorize the City Manager to execute agreements on behalf of the City of Miami to
participate in the FDEP PCPP, allow FDEP site access to 1390 NW 20TH Street, for
FDEP to conduct conditional closure of the site if necessary and an interim restrictive
covenant placing restrictions on the use of 1390 NW 20th Street, for the purpose of
environmental assessment and remediation of the property.
Background of Item:
1390 NW 20 Street, known as the City of Miami Fleet Management GSA and Fuel
Facility, has experienced leaking underground storage tanks dating back to 1987. Old
underground storage tanks were removed in 2003 which resulted in the confirmation of
the presence of environmental contamination. Through FDEP's Petroleum Restoration
Program, the City was able to receive a priority score to await funding from the State to
address the contamination rather than having to use its own funds.
As of September 3, 2023, FDEP notified the City of Miami that funding is available for
ongoing environmental assessment and remediation planning on City of Miami owned
property located at 1390 NW 20 St, Miami, FI, 33142 via the State's PCPP. The project
would be managed completely by FDEP and the City would not have to expend any
funds contingent upon the City allowing FDEP to select a contractor and for the City to
execute a Conditional Closure Agreement (CCA) and complete an Interim Draft
Restrictive Covenant (DRC). The PCPP will also require City of Miami to enter into an
updated Site Access Agreement with FDEP and its selected contractor to work at the
site.
Budget Impact Analysis
Item is NOT Related to Revenue
Item has NOT an Expenditure
Item is NOT funded by Bonds
Total Fiscal Impact:
0
Reviewed B
Office of Capital Improvements
Office of Management and Budget
Office of Management and Budget
City Manager's Office
City Manager's Office
Legislative Division
City Manager's Office
Office of the City Attorney
Office of the City Attorney
City Commission
Office of the City Clerk
Jose R. Perez
Calvin Fifer
Marie Gouin
Asael Marrero
Natasha Colebrook -Williams
Valentin J Alvarez
Mabel Betancourt
Thomas M. Fossler
George K. Wysong III
Maricarmen Lopez
City Clerk's Office
Department Head Review
Budget Analyst Review
Budget Review
Assistant City Manager Review
Deputy City Manager Review
Legislative Division Review
City Manager Review
ACA Review
Approved Form and Correctness
Meeting
Rendered
Completed 01/22/2026 4:19 PM
Completed 01/23/2026 8:01 AM
Completed 01/23/2026 9:25 AM
Completed 01/23/2026 10:39 AM
Completed 01/23/2026 12:09 PM
Completed 01/23/2026 1:46 PM
Skipped 01/29/2026 10:31 AM
Completed 02/03/2026 2:54 PM
Completed 02/03/2026 4:26 PM
Completed 02/12/2026 9:00 AM
Completed 02/12/2026 6:01 PM
City of Miami
Legislation
Resolution
Enactment Number: R-26-0064
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 18819 Final Action Date:2/12/2026
A RESOLUTION OF THE MIAMI CITY COMMISSION, AUTHORIZING THE CITY
MANAGER TO NEGOTIATE AND EXECUTE A PETROLEUM CLEANUP
PARTICIPATION PROGRAM ("PCPP") AGREEMENT AND SITE ACCESS
AGREEMENT ("SAA"), CONDITIONAL CLOSURE AGREEMENT ("CCA"), AND
DECLARATION OF INTERIM RESTRICTIVE COVENANT ("DIRC"), ALL IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, WITH THE STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION ("FDEP") AND ITS SELECTED
AGENCY TERM CONTRACTOR FOR THE PURPOSE OF GRANTING ACCESS TO
CONDUCT A FDEP FUNDED ENVIRONMENTAL ASSESSMENT AND
REMEDIATION, ON CITY OF MIAMI OWNED PROPERTY LOCATED AT 1390
NORTHWEST 20 STREET, MIAMI, FLORIDA, 33142 (FOLIO 01-3135-000-0163), IN
WHICH THE ENVIRONMENTAL ASSESSMENT AND REMEDIATION WILL BE
CONDUCTED BY A FDEP SELECTED CONTRACTOR AT NO COST TO THE CITY
OF MIAMI ("CITY"), 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") is owner of 1390 Northwest 20 Street, Miami,
Florida 33142, commonly referred to as the "City of Miami Fleet Management General Services
Administration ("GSA") Fuel Facility" ("Property"); and
WHEREAS, the City facilitated the removal of fifteen (15) underground storage 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 Division of Environmental
Resources Management ("DERM") dated July 12, 2004, the City was notified that further
assessment would be required following the City submitting a Tank Closure Assessment Report
in accordance with Chapter 62-770 of the Florida Administrative Code; and
WHEREAS, following the 2004 tank removal and assessment work, the Property
became eligible for Florida Department of Environmental Protection ("FDEP") funding via the
Petroleum Restoration Program and received a priority score of ten (10) and was placed on a
waiting list of petroleum contaminated properties to continue further environmental assessment
by FDEP; and
WHEREAS, on or about September 24, 2015, the City was notified of the availability of
FDEP funding for this Property by a Notice of Funding Availability for Assessment; and
WHEREAS, a FDEP funded site assessment in 2018 confirmed continued presence of
petroleum contamination with the assessment report recommending development of a Remedial
Action Plan ("RAP"); and
WHEREAS, a follow up Notice of Funding and Requirement of New Site Access
Agreement ("SAA") was issued to the City in September 2023 via the Petroleum Cleanup
Participation Program ("PCPP"), however requires a twenty-five percent (25%) cost share; and
WHEREAS, pursuant to the PCPP Agreement, the City, as the program participant,
must satisfy the required twenty-five percent (25%) cost share by providing either: (a) a twenty-
five percent (25%) cost savings to the FDEP; (b) a twenty-five percent (25%) copayment to
FDEP; or (c) a combination of cost savings and copayment totaling twenty-five percent (25%);
and
WHEREAS, the City desires to satisfy the required twenty-five percent (25%) cost share
in the form of a twenty-five percent (25%) cost savings to the Florida Department of
Environmental Protection ("FDEP") by: (i) authorizing FDEP to select an Agency Term
Contractor ("ATC") through FDEP's procurement process and to manage the assessment and
remediation work for the Property; (ii) entering into a Site Access Agreement ("SAA") with FDEP
and its selected ATC to grant access to the Property for the performance of such work; (iii)
executing a Conditional Closure Agreement ("CCA"), in a form acceptable to the City Attorney,
as required by FDEP in connection with the contemplated interim site conditions and regulatory
status of the Property; and (iv) executing and recording the Declaration of Interim Restrictive
Covenant ("DIRC") imposing interim soil and groundwater use restrictions for the Property, as
required under the PCPP; and
WHEREAS, the City's provision of the required twenty-five percent (25%) cost share in
the form of cost savings does not require the expenditure of City funds, and FDEP's
assessment and remediation activities will be performed at no cost to the City; and
WHEREAS, the City Commission desires to authorize the City Manager to negotiate and
execute a PCPP, a renewed SAA, CCA, and DIRC, all in forms acceptable to the City Attorney,
permitting FDEP to select an ATC to perform the continued assessment and remediation of the
Property, specifically reserving the City's right to be informed of testing results and remediation
decisions to ensure such activities do not interfere with normal facility operations;
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 fully set forth in this Section.
Section 2. The City Manager' is authorized to negotiate and execute the PCPP
Agreement and the renewed SAA, CCA, and DIRC, all in forms acceptable to the City Attorney,
for the Property, to allow FDEP and its selected ATC to perform the environmental assessment
and remediation, with the required twenty-five percent (25%) cost share satisfied solely through
cost savings to FDEP, at no cost to the City, and further reserving for the City the right to be
informed of testing results and remediation decisions to ensure such activities do not interfere
with normal facility operations.
Section 3. This Resolution shall become effective immediately upon adoption.
1 The herein authorization is further subject to compliance with all legal requirements that may be
imposed, including but not limited to those prescribed by applicable City Charter and City Code
provisions.
APPROVED AS TO FORM AND CORRECTNESS:
g III, C yE[ttorey J 2/3/2026