HomeMy WebLinkAboutR-26-0064City of Miami
Resolution R-26-0064
Legislation
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.
SPONSOR(S): Commissioner Miguel Angel Gabela
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
City of Miami Page 1 of 3 File ID: 18819 (Revision:) Printed On: 2/23/2026
File ID: 18819 Enactment Number: R-26-0064
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
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.
City of Miami Page 2 of 3 File ID: 18819 (Revision:) Printed on: 2/23/2026
File ID: 18819 Enactment Number: R-26-0064
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.
APPROVED AS TO FORM AND CORRECTNESS:
g III, C y for y 2/3/2026
City of Miami Page 3 of 3 File ID: 18819 (Revision:) Printed on: 2/23/2026