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Home My Public Portal AboutResolution No. 24-038 - Authorizing the Consent Agreement Addendum with Miami-Dade County for open sewer permit issueSponsored by: Interim City Manager RESOLUTION NO. 24-038 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE THE CONSENT AGREEMENT ADDENDUM, ATTACHED HERETO, TO CORRECT THE ISSUE OF AN OPEN SEWER PERMIT AND FURTHER CLARIFY THE TIMELINES REQUIRED TO RECTIFY DEFICIENCIES IN PUMP STATION BASINS #5 AND #7, WITHIN THE CITY; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, The City of Opa-Locka ("City") and the Miami -Dade County Division of Environmental Resources Management (DERM) previously agreed that all City applicants for Business Tax Receipts would be first be referred to DERM for its approval before a Business Tax Receipt could be issued by the City; and WHEREAS, to document resolution of these issues, a Consent Agreement between the City and DERM was executed through City Resolution 23-168. Included in this Consent Agreement were penalties of Forty Thousand Dollars (S40,000.00) and One Thousand, Fifty -One Dollars and Forty -Seven Cents ($1,051.47); and WHEREAS, DERM has since discovered that the Consent Agreement failed to include a long-standing open permit for a new section of sewer main installed by the City on Port Said Road that has not been certified (Sewer Extension - 2011-SEW-EXT- 00021) and was not addressed in the original Consent Agreement, necessitating an Amendment to the Consent Agenda; and WHEREAS, the Amendment provides: "Within ninety (90) days of the effective date of this Agreement, the City shall upload a complete certification package via the file transfer protocol (Exhibit I) for the certification of 2011-SEW-EXT-00021 in accordance with the provisions contained in Section 24-42.3 of the Code "; and WHEREAS, DERM also desired to update Appendices 2 and 3 of the Consent Agreement regarding deficiencies in Pump Station Basins #5 and #7, within the City. These deficiencies have now been updated with a date certain completion dates in the Addendum; and WHEREAS, the City has paid the One Thousand, Fifty -One Dollars and Forty - Seven Cents ($1,051.47) penalty related to the Consent Addemdum. DERM has waived the Forty Thousand Dollars (S40,000.00) penalty contingent upon the City procuring Sixty Thousand Dollars ($60,000.00) of equipment and services to enhance the City's sewer system, which the City is in the process of doing; and Resolution No. 24-038 WHEREAS, there is no additional fiscal impact associated with the Addendum; and WHEREAS, the City Commission finds that it is in the best interests of the City and its residents to authorize the Interim City Manager to execute the Consent Agreement Addendum, attached hereto, to correct the issue of an open sewer permit and further clarify the timelines required to rectify deficiencies in Pump Station Basins #5 and #7, within the City. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA LOCKA, FLORIDA: SECTION 1. RECITALS ADOPTED. The recitals to the preamble herein are incorporated by reference. SECTION 2. AUTHORIZATION The City Commission of the City of Opa-Locka hereby authorizes the Interim City Manager to execute the Consent Agreement Addendum, attached hereto, to correct the issue of an open sewer permit and further clarify the timelines required to rectify deficiencies in Pump Station Basins #5 and #7, within the City. SECTION 3. SCRIVENER'S ERRORS. Sections of this Resolution may be renumbered or re -lettered and corrections of typographical errors, which do not affect the intent of this Resolution may be authorized by the Interim City Manager, following review by the City Attorney, without need of public hearing, by filing a corrected copy of same with the City Clerk. SECTION 4. EFFECTIVE DATE This Resolution shall take effect upon the adoption and is subject to the approval of the Governor or Governor's Designee. PASSED and ADOPTED this 28th day of February024. John H. aylor Jr., Mayor Resolution No. 24-038 A TEST: a Flores, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Burnadette Norris -Weeks, P.A. City Attorney Moved by: Commissioner Bass Seconded by: Vice Mayor Ervin VOTE: 5-0 Commissioner Bass YES Commissioner Kelley YES Commissioner Williams YES Vice Mayor Ervin YES Mayor Taylor YES DocuSign Envelope ID: DBBED200-DDAB-4569-BED6-D4C69232A22A City of Opa-locka Agenda Cover Memo Department Director: Airia Austin Department Director Signature: g( °" � City Manager: Darvin Williams CM Signature: „",(„_ "—C46C07C 1 E8DE492... Commission Meeting Date: 02/28 /2024 Item Type: (EnterXin box) Resolution Ordinance Other X Fiscal Impact: (EnterXin box) Yes No Ordinance Reading: (EnterXin box) 1st Reading 2nd Reading X Public Hearing: (EnterXin box) Yes No Yes No X X Funding Source: Account# : (Enter Fund & Dept.) Ex: See Financial Impact Section Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required: (EnterXin box) Yes X X Strategic Plan Related (EnterXin box) Yes No Strategic Plan Priority Enhance Organizational Bus. & Economic Dev Public Safety Quality of Education Qual. of Life & City Image Communication Area: • Strategic Plan Obj./Strategy: (list the specific objective/strategy this item will address) X • MI • • Sponsor Name City Manager Department: City Manager Short Title: Execution of DERM Consent Agreement Addendum Staff Summary: History — As the final step in resolving long-standing issues between the City and the Miami -Dade County Division of Environmental Resources Management (DERM), it was agreed that all City applicants for Business Tax Receipts would be first be referred to DERM for its approval before a Business Tax Receipt could be issued by the City. To document resolution of these issues, a Consent Agreement between the City and DERM was executed through City Resolution 23-168. Included in this Consent Agreement were penalties of $40,000 and $1,051.47. DocuSign Envelope ID: DBBED200-DDAB-4569-BED6-D4C69232A22A Current Activity — DERM has since discovered that the Consent Agreement failed to include a long- standing open permit for a new section of sewer main installed by the City on Port Said Road that has not been certified (Sewer Extension - 2011-SEW-EXT-00021) and not addressed in the original Consent Agreement, necessitating an Amendment to the Consent Agenda. The Amendment indicates "Within ninety (90) days of the effective date of this Agreement, the City shall upload a complete certification package via the file transfer protocol (Exhibit I) for the certification of 2011-SEW-EXT-00021 in accordance with the provisions contained in Section 24-42.3 of the Code". DERM also needed to update Appendices 2 & 3 of the Consent Agreement regarding deficiencies m Pump Station Basins #5 & #7. These deficiencies have now been updated with Date Certain completion dates in the Addendum. Financial Impact — The City has paid the $1,051.47 penalty from the Consent Agenda. DERM has waived the $40,000 penalty on the provision that the City procure $60,000 of equipment and services to enhance the City sewer system, which the City is in the process of doing. There is no additional fiscal impact associated with the Addendum. Proposed Action: Staff recommends the City Commission authorize the Interim City Manager to sign the Consent Agreement Addendum to correct the issue of an open sewer permit and further clarify the timelines required to rectify deficiencies in Pump Station Basins #5 & #7. Attachment: 1. Agenda 2. DERM Consent Agreement Addendum ADDENDUM TO THE DECEMBER 18, 2023 CONSENT AGREEMENT BETWEEN MIAMI-DADE COUNTY DEPARTMENT OF REGULATORY AND ECONOMIC RESOURCES, DIVISION OF ENVIRONMENTAL RESOURCES MANAGEMENT AND THE CITY OF OPA-LOCKA This Consent Agreement Addendum (hereinafter referred to as "Addendum"), entered into by and between Miami -Dade County Department of Regulatory and Economic Resources, Division of Environmental Resources Management (hereinafter referred to as "DERM") and the City of Opa-locka (hereinafter referred to as the "Respondent"), pursuant to section 24-7(15)(c) of chapter 24 of the Code of Miami -Dade County, shall serve to amend certain provisions of the Consent Agreement executed on December 18, 2023 (hereinafter referred to as "Consent Agreement"). This Addendum is hereby incorporated into the December 18, 2023 Agreement. DERM and the Respondent agree to amend the December 18, 2023 Consent Agreement to replace the Appendices referenced in paragraphs 20 and 21 in the Consent Agreement with the revised Appendices attached hereto and incorporated herein. In addition, the Consent Agreement is being amended to add paragraph 22. a). to address the certification of 2011-SEW-EXT-00021 as follows: 22. a). Within ninety (90) days of the effective date of this Agreement, the Respondent shall upload a complete certification package via the file transfer protocol (Exhibit I) for the certification of 2011-SEW-EXT-00021 in accordance with the provisions contained in Section 24-42.3 of the Code. All other provisions of the December 18, 2023 Consent Agreement shall remain unchanged and in full force and effect for the duration of this Addendum. This Addendum and the provisions herein shall become effective upon execution by the Director of DERM or the Director's designee. THIS SECTION WAS LEFT INTENTIONALLY BLANK (SIGNATURE PAGES FOLLOW) Consent Agreement Addendum for the City of Opa-locka Page 1 of 2 DWO-47 Date City of Opa-locka State of Florida County of Miami -Dade The foregoing instrument was acknowledged before me by means of (how the individual appeared check one): ❑ physical presence ❑ online notarization this day of , 20 (date) (month) (year) by (name of individual) Individual identified by: ❑ personal knowledge ❑ satisfactory evidence (type) (Signature of Notary Public) (typed, printed, or stamped name of Notary Public) (Affix Florida Notary Seal above) DO NOT WRITE BELOW THIS LINE OFFICE USE ONLY Date Lisa M. Spadafina, Director Division of Environmental Resources Management Witness Witness Consent Agreement Addendum for the City of Opa-locka Page 2 of 2 DWO-47 Revised Addendum No.7, PS/Basin No .5-C AP Date: 01/26/2024 Appendix No.2 Basin No.5 — Utility Pending C orr ecti ve Action Plan/Sewer System Rehabilitation Work [SSES 2nd Cycle Phase 3 Report, Addendum No.7] Addendum to 2019 Cons ent Agreement THIS ITEM HAS BEEN DIGITALLY SIGNED AND SEALED BY Digitally signed by '� R `D Balakrishnan VI - 76• Vinayagar 3`4 Date: 2024.0126 ON THE DATE ADJACENT TO THE SEAL 14:06:20-05'00' SIGNED AND SEALED AND THE SIGNATURE MUST BE VERIFIED ON ANY ELECTRONIC COPIES . Item No. Deficiencies descripti on and L ocati on Deficiencies / Repairs Stat us [Corrected / Pending] R equir ed T ests Reports req uired to be submitted Pr op osed completi on date. Item No.1— Basin with excessiv e Infiltration/Inflow levels. See Note 1 Conduct night-time CCTV inspection after rain eventto identify where excessive 1/1 is occurring. Conduct flow measurements after investigation & repair completion . Pending -submit Night Flow (1/1) Re- measurements Rpt demonstrating compliance <5,000 GPDIM and Smoke Test Rpt. for any new deficiency discovered . Night Flow (I/1) Re -Test Flow Test Report Proposed test completion in July 2024 . Please see Note 1. Item No. 2 Install M anhole Inserts on all Manholes to reduce Inflow MR inserts previously installed in areas prone to flooding, however all manholes will be prov ided with MH Inserts. Pending N/A Manh oles Inspection Rep ort with pictures demonstrating compliance . Proposed Report completion by March 31, 2024 . Item No.3 Require property owners to repair bro ken and/o r missing cleanouts. See Note 2 2407 NW 135 Street 2405 NW 135 Street (2 lo cations) 2201 NW 135 Street Corrected [Violation notices were provided to property owners and all repairs were completed] . N/A Clean outs Report with pictures demonstrating compliance . Proposed Report completion by March 31, 2024 . Item No.4 - City to repair leaking manhole in right-of-way and from water meter box 13565 NW 27 Avenue — MH 5-1 2281 NW 135 Terrace (water meter) Pending N/A for isolated MH and Water Meter . MHs 5-1 with pictures demonstrating compliance Water Meter Inspection Report with pictures bef ore & after repairs demonstrating compliance . Proposed Report completion by March 31, 2024 . Item No .5 - Repair manhole cement ring crack MH 5-1A, 5-3 and 5-8 (isolated manholes) Corrected N/A MHs 5-1A, 5-3 and 5-8 Inspection Report with pictures before a nd after repairs to demonstrate compliance . Proposed Report completi on by March 31, 2024 . Note 1: The City conducted night flow tests in November 2022 and identified that some private property sewer systems are causing excessive inflow to the collectio n system . The City's Code Enforcement officers had given these violators until December 31, 2023, to rehabilitate their respectiv e systems. All but one have complied with the deadline. After repairs have been conducted and deficiencies have been addressed, the City proposes to conduct flow measurements of the entire collection basin inJuly 2024, as required by Miami Dade Co unty for the SSES Cycle 3. Page 1 of 1 Revised to Addendum No .7, PS/Basin No.7-CAP Date: 01/26/2024 Appendix N o.3 Basin No.7 — Utility Pending Corrective Action Plan/Sewer System Rehabilitation Work [SSES 2"d Cycle Phase 3 Rep ort, Adde ndum N o.7] Addendum to 2019 Consent Agreement THIS ITEM HAS BEEN DIGITALLY SIGNED AND SEALED BY Digitally signed by Balakrishnan a; m v f3 I. Vnayagar ON THE DATE ADJACENT TO THE SEAL . [1):125042.40T0.20,6 4:0 6 54-05' 00'6 SIGNED AND SEALED AND THE SIGNATURE MUST BE VERIFIED ON ANY ELECTRONIC COPIES. Item No. Deficiencies description and L ocation Deficiencies / Repairs Status [C orrected / Pending] Required Tests Reports required to be submitted Proposed completion date . Item No. 1— Basin with excessive Infiltration/Inflow levels. See Note 1 Conduct night-time CCTV inspection after rain event to identify where excessive I/I is occurring . Conduct additio nal flow measurements following inv estigation and completion of repairs. Pending to submit Night Flow (1/1) Re -measurements Report demonstrating compliance with less than 5,000 GPDI M Night Flow (1/1) Re- Test Flow Test Report Proposed test completion in July 2024. Please see Note 1. Item No.2 Install Manhole Inserts on all Manholes to reduce Inflow Manhole inserts were previously installed in areas prone to flooding, however all manholes will be provided with Manhole Inserts. Pending N/A Manholes Inspection Report with pictures demonstrating compliance . Proposed Report completion by March 31, 2024 . Item No. 3 Require property owners to repair broken and/or missing cleanouts. See Note 2 13004, 13008 & 13112 Alexandria Drive 13245, 13310 & 13311 Alexandria Drive 13321, 13440 & 13485 Alexandria Drive Corrected [Violation n otice provided to property owners and all repairs were completed]. N/A Cleanout report with pictures demonstrating compliance. Prop osed Report c ompletion by March 31, 2024. Item No.4 - Locate missing manhole and prov ide inspection report identifying and correcting deficiencies. MH 7-1 Pending Smoke Test for pipe segment between MN 7-1 and MH 7-2 (see MH7-2 in item no. 5 below). Smoke Test Report with pictures demonstrating compliance. Proposed Report completion by March 31, 2024. Item No .5 — Correct MI -Is deficiencies. MH 7-2 and 7-7 (cement ring crack) MH 7-8 (rehabilitation work for smoke leak from ring) Corrected Smoke Test for pip e segment between MH 7-7 & MH 7-8 and MH 7-3A & MH 7-2 Smoke Test Report with pictures demonstrating compliance. Proposed Report completion by March31, 2024 . MH 7-3A 13235 Alexandria Drive Pending Note 1: The City conducted night flow tests in November 2022 and identified that a private property sewer system is causing excessive in Page 1 of 1