Fort Walton Beach Resolution — US EPA - Brownfield - 25 Miracle Strip Parkway — reading text

RESOLUTION 2011-36 A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FLORIDA, ACCEPTING FUNDING FROM THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY THROUGH THE WEST FLORIDA REGIONAL PLANNING COUNCIL FOR A BROWNFIELD CLEANUP PROGRAM; AUTHORIZING THE CITY MANAGER TO EXECUTE THE GRANT AGREEMENT; AUTHORIZING A BUDGET AMENDMENT; AND PROVIDING AN EFFECTIVE DATE. Whereas, the United States Environmental Protection Agency’s Brownfield Cleanup Program provides funding for the purpose of revitalizing contaminated properties and protecting public health, and Whereas, in partnership, the West Florida Regional Planning Council and the City of Fort Walton Beach applied for and have been awarded up to $215,000 to remove petroleum contamination from the property at 25 Miracle Strip Parkway SW in Fort Walton Beach ($173,000 grant funds and $42,000 City match), and Whereas, the City Council finds that it is in the best interests of the citizens of Fort Walton Beach to participate in Brownfield Cleanup Program. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA THAT: Section 1. The City Council hereby accepts funding in an amount up to $215,000 from the United States Environmental Protection Agency through the West Florida Regional Planning Agency for a Brownfield cleanup project located at 25 Miracle Strip Parkway. Section 2. The City Council hereby authorizes the City Manager to execute the grant agreement and all necessary documents to complete grant-related purchases; and a budget amendment to record the grant. Section 3. The City Council hereby authorizes the following budget amendment for Grant Funds: Revenue Expense 109-5498-331-3905 $173,000 109-5498-552-6159 $173,000 Section 4. This Resolution shall take effect immediately upon approval by the City. Council Adopted: Deweralts £241 Nihe CERTIFIED'A IND CORRE! COPYMtike Anderson, Mayor CITY OF FORT WALTON BEACH H SPENCER, CITY CLERK Attest: BY: ALLL soproved for form and legal sufficiency: oare:__L=-¥—1 | Acca Spencer, 2p Clerk SUBGRANT AGREEMENT WEST FLORIDA REGIONAL PLANNING COUNCIL WEST FLORIDA REGIONAL PLANING COUNCIL BROWNFIELD CLEANUP PROGRAM THIS AGREEMENT is made and entered into on this Sth, day of ) 1 wombs). 2011, by and between West Florida Regional Planning Council (hereinafter referred to as either “WEFRPC” or “Grantor”), a Regional Planning Council under Florida law and City of Fort Walton Beach being a Florida Municipality organized and existing under Article 8, Section 2(a), of the Florida Constitution, Chapter 165, Florida Statutes, so incorporated June 16, 1941, with an address at 107 Miracle Strip Parkway, Fort Walton Beach, FL 32548 (hereinafter referred to as "Subgrantee" or “subgrant recipient”). WITNESSETH: WHEREAS, Grantor has entered into a Cooperative Agreement with EPA bearing Assistance ID# BF-95482211-0 with the attached Administrative Conditions and the attached 2011 Brownfields Assessment Terms and Conditions-Region 4 Supplemental RLF (the foregoing Assistance Agreement and the attachments are all collectively referred to in this Agreement as the “EPA Grant Agreement”); and WHEREAS, Subgrantee acknowledges receipt of a copy of the EPA Grant Agreement; and WHEREAS, it is intended that Grantor will receive funds from the Environmental Protection Agency (EPA) pursuant to the EPA Grant Agreement (“Grant Funds") and is authorized to make certain subgrants; and WHEREAS, the Subgrantee represents and warrants that it is the fee simple title owner of said Parcel of the property located at 25 Miracle Parkway SW, Fort Walton Beach, FL 32548 that is described and referred to in the Analysis of Brownfields Cleanup Alternatives prepared by Advanced Environmental Solutions (AES) with AECOM on October 27, 2010 (said Parcel is referred to herein as the “Property”); and WHEREAS, the Subgrantee agrees that it will retain fee simple title ownership of the Property throughout the entire period of time that this Agreement is in effect; and WHEREAS, the Property has been contaminated with hazardous and non hazardous materials/substances, and WHEREAS, the Subgrantee represents and warrants that the Property is not listed, or proposed for listing on the National Priorities List of the U.S. Environmental Protection Agency ("EPA"); and WHEREAS, the Subgrantee represents and warrants that it is not now and never has been subject to any penalties resulting from environmental non-compliance at or on the Property or any other property adjacent thereto; and WHEREAS, the Subgrantee represents and warrants that it is not a potentially liable party under CERCLA § 107 pertaining to the Property. Subgrantee is advised that the investigation and/or opinion of Subgrantee’s counsel is not binding on the Federal Government. Page 1 of 19 Notwithstanding the above paragraph or any of the other provisions of this Agreement the Subgrantee’s obligations hereunder to comply with the EPA Grant Agreement and all EPA requirements and the requirements of this Agreement that relate thereto shall survive any expiration or termination of this Agreement (regardless of who terminates and whether termination is for cause or without cause). 4. Subgrantee shall comply with and shall carry out the Remediation Work; in accordance with the Comprehensive Environmental Response Compensation and Liability Act (CERCLA) section 104(k); the Uniform Administrative Requirements for Grants and Cooperative Agreements to States and Local Governments 40 CFR 31 and OMB Circular A-87 for governmental recipients of subgrants or 40 CFR 30 and OMB Circular A-122 for non-profit recipients of subgrants; and all other applicable provisions of Federal, state and local laws and regulations. 5. In addition, the Subgrantee agrees with and shall comply with the following terms and conditions: a. Subgrantee shall use funds only for eligible activities and in compliance with the requirements of CERCLA 104(k) and all applicable Federal, State and local laws and regulations. b. Subgrantee shall ensure that the cleanup is protective of human health and the environment. c. Subgrantee shall document how funds are used by maintaining separate records in regard to the Property, the Remediation Work, and expenditures of all funds disbursed to Subgrantee under this Agreement. d. Subgrantee shall keep and maintain all plans, specifications, drawings, data, documents, papers, accounting and financial records, programmatic records, and all other data and information, (in whatever form), and supporting documentation pertaining to all matters relative to this Agreement and the Remediation Work (collectively the “Records”) for a minimum of three years following completion of the Remediation Work. Notwithstanding that three years has elapsed Subgrantee shall obtain written approval from the Grantor prior to disposing of any Records. The Subgrantee is required to provide access to Records (including for inspection, copying and transcription) relating to loans and subgrants supported in whole or in part with Grant Funds to authorized representatives of the Federal government and WFRPC. e. Subgrantee does hereby certify that it is not currently, nor has it ever been, subject to any penalties resulting from environmental non-compliance at the Property. f. Subgrantee does hereby certify that it is not potentially liable under §107 of CERCLA for the site. The Subgrantee does hereby certify that it is not a viable responsible party for the hazardous, non hazardous, toxic or non toxic, materials or substances that contaminate the Property. g. Subgrantee shall conduct all cleanup activities and Remediation Work as required by the agreed upon scope of work. Page 3 of 19 requires certain provisions to be included in a subgrant they are hereby incorporated herein by reference, (iii) wherever it requires that certain provisions be included in contracts, subcontracts, task orders, work assignments or similar instruments Subgrantee shall ensure that such provisions are included, (iv) wherever it provides that RLF recipient shall or may require subgrantees or shall ensure that subgrantees comply with, perform or carry out certain provisions it shall be Subgrantee’s responsibility to comply with, perform and carry out all such provisions without further request from WERPG, in other words, by this paragraph WFRPC is requiring compliance with all such provisions, (v) wherever it provides that WFRPC as recipient may or is required to take certain action in connection with a subgrant the Subgrantee shall be subject to and shall comply with all such actions taken by or required by WFRPC (vi) Subgrantee shall establish, maintain, preserve and allow access to its records (including inspection, copying and transcription), (vii) Subgrantee shall require all contractors, subcontractors and others performing any work related to this subgrant to establish, maintain, preserve and allow access to their records (including inspection, copying and transcription, (viii) Subgrantee shall cause all contractors, subcontractors and others performing any work in connection with this subgrant to comply with, perform, carry out, monitor, be subject to, be bound by and to complete all provisions which are applicable to contractors, subcontractors and others performing any work in connection with this subgrant including but not limited to such contractors, subcontractors and others allowing interviews of their employees while on the job. The provisions of this paragraph related to establishing, maintaining, preserving and allowing access to records are in addition to, not in limitation of, other requirements of this Agreement pertaining thereto. 7. No portion of the Subgrant Funds shall be used by the Subgrantee for any of the following: a. Pre-cleanup environmental activities such as site assessment, identification, and characterization with the exception of site monitoring activities that are reasonable and necessary during the cleanup process, including determination of the effectiveness of a cleanup. b. Monitoring and data collection necessary to apply for, or comply with, environmental permits under other Federal and State laws, unless such a permit is required as a component of the cleanup action. c. Construction, demolition, and development activities that are not brownfields cleanup actions (e.g. marketing of property or construction of a new non-cleanup facility), and addressing public or private drinking water supplies that have deteriorated through ordinary use. d. Job training unrelated to performing a specific cleanup at a site covered by a loan or subgrant. e. To pay for a penalty or fine. f. To pay a federal cost share requirement (for example, a cost-share required by another Federal grant) unless there is specific statutory authority. g. To pay for a response cost at a brownfields site for which the recipient of the subgrant or loan is potentially liable under CERCLA Section 107. h. To pay a cost of compliance with any federal law, excluding the cost of compliance with laws applicable to the cleanup. Page 5 of 19 welfare and the environment and all past enforcement activities conducted by any governmental agency, and the site testing results. 10. Unless not required by Grantor (e.g. if already completed), the Subgrantee shall prepare at its expense, within the time period required by Grantor, a Public Involvement Plan (PIP) which shall be subject to the approval of the Grantor. The Subgrantee shall ensure that public participation requirements are met. This includes developing and funding in addition to the PIP a site specific community relations plan (“CRP”) which will include reasonable notice to public and private parties, opportunity for involvement, and response to comments and administrative records that are available to the public. In addition, the PIP shall include the following: a. Copies of news releases and other