Loading...
HomeMy WebLinkAboutAgenda Item Summary FormJr AGENDA ITEM SUMMARY FORM F€ File ID: #2459 Date: 06/20/2017 Requesting Department: Office of Capital Improvements Commission Meeting Date: 07/27/2017 District Impacted: District 5 Type: Resolution Subject: Authorize Site Access Agreement - MPD Headquarters Purpose of Item: To authorize the City Manager to enter a site access agreement for the City of Miami Police Headquarters, in order for the State of Florida Department of Environmental Protection (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 work specifically around the area of a former underground storage tank previously located on the facility grounds, 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 in order to make sure that FDEP work does not affect normal facility operations. Background of Item: The City of Miami Police Department had a documented discharge from a leaking underground storage tank (UST) in 1986. The UST was not removed until 2007, which also required sampling of soil in the immediate vicinity of the UST removal. The soil samples confirmed that contamination was present (Benzo(a)pyrene) and needed to be further assessed as indicated in a letter correspondence from the Miami -Dade Department of Environmental Resources Management (DERM) dated August 1, 2008. Although further assessment was required, the documented release was deemed eligible for the Early Detection Incentive Program (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 8/27/2015, the Miami Police Station- Motor Pool Area has been eligible for the State to further investigate contingent upon an executed site (property) access agreement. Budget Impact Analysis Item is NOT Related to Revenue Item has NO budget impact Item is NOT funded by Homeland Defense/Neighborhood Improvement Bonds Total Fiscal Impact: N/A Reviewed By Office of Capital Improvements Jeovanny Rodriguez Department Head Review Completed 06/22/2017 11:35 AM Office of Management and Budget Yvette Smith Budget Analyst Review Completed 07/09/2017 1:53 PM Office of Management and Budget City Manager's Office Office of the City Attorney City Manager's Office Office of the City Attorney Office of the City Attorney City Commission Office of the Mayor Office of the City Clerk Christopher M Rose Budget Review Completed Alberto N. Parjus Assistant City Manager Review Completed Valentin J Alvarez Legislative Division Review Completed Daniel J. Alfonso City Manager Review Completed Barnaby L. Min Deputy City Attorney Review Completed Victoria Mendez Approved Form and Correctness Completed Nicole Ewan Meeting Completed Mayor's Office Signed by the Mayor Completed City Clerk's Office Signed and Attested by the City Clerk Completed 07/17/2017 11:37 AM 07/17/2017 3:57 PM 07/17/2017 4:08 PM 07/17/2017 6:00 PM 07/18/2017 4:05 PM 07/18/2017 6:11 PM 07/27/2017 9:00 AM 08/04/2017 4:33 PM 08/04/2017 5:41 PM File Number: 2459 City of Miami Legislation Resolution Enactment Number: R-17-0354 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com 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 (T.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: 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: 1 Un ndeU ez, City Attor ey 7/18/2017 ' 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.