HomeMy WebLinkAboutR-24-0297City of Miami
Resolution R-24-0297
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 16218 Final Action Date: 7/25/2024
A RESOLUTION OF THE MIAMI CITY COMMISSION, AUTHORIZING THE
CITY MANAGER TO NEGOTIATE AND EXECUTE AN ACCESS,
INDEMNIFICATION, AND HOLD HARMLESS AGREEMENT BETWEEN THE
CITY OF MIAMI ("CITY") AND ENVIRONMENTAL RISK MANAGEMENT
("ERM"), FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION'S
("FDEP") SELECTED CONTRACTOR, FOR THE PURPOSE OF GRANTING
ACCESS TO CONDUCT AN ENVIRONMENTAL ASSESSMENT AND
REMEDIATION, IF NECESSARY, BY ERM, ON THE CITY -OWNED
PROPERTY LOCATED AT 6200 NORTHWEST 17 AVENUE, FOLIO NO. 01-
3115-005-3291 ("PROPERTY"), AT NO COST TO THE CITY; FURTHER
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY
AND ALL OTHER DOCUMENTS WITH ERM, INCLUDING AMENDMENTS,
EXTENSIONS, AND RENEWALS, ALL IN FORMS ACCEPTABLE TO THE CITY
ATTORNEY, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR
BUDGETARY APPROVALS, AND COMPLIANCE WITH APPLICABLE
SECTIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
AND ALL APPLICABLE LAWS, RULES, AND REGULATIONS, AS MAY BE
DEEMED NECESSARY FOR SAID PURPOSE.
SPONSOR(S): Commissioner Christine King
WHEREAS, the City of Miami ("City") is owner of certain real property located at 6200
Northwest 17 Avenue, Miami, Florida, Folio No. 01-3115-005-3291 ("Property"); and
WHEREAS, the Property has an existing site access agreement between City and
Florida Department of Environmental Protection ("FDEP") pursuant to Resolution No.23-0433,
adopted on September 28, 2023, to conduct an environmental assessment and if necessary,
remediation; and
WHEREAS, the City has requested a separate agreement directly with FDEP's selected
contractor, Environmental Risk Management ("ERM"), in the form of an Access, Indemnification,
and Hold Harmless Agreement ("Agreement"), so that ERM may conduct an environmental
assessment and if necessary, remediation on the Property, at no cost to the City; and
WHEREAS, the assessment and any needed remediation is funded fully by FDEP via its
Low -Score Site Initiative ("LSSI") program; and
WHEREAS, pursuant to Resolution No.19-0502, adopted on December 12, 2019, the
Miami City Commission approved a lease, purchase, sale, and/or management agreement with
BHP Community Land Trust for development of permanent affordable rental and
homeownership residencies on the Property; and
City of Miami Page 1 of 2 File ID: 16218 (Revision:) Printed On: 8/5/2024
File ID: 16218 Enactment Number: R-24-0297
WHEREAS, the contamination status of the Property is outdated, therefore current data
and any needed remediation to follow will help facilitate the planning of a building design and
drainage system while preparing to convert the property from a vacant lot into an affordable
housing development; and
WHEREAS, it is recommended that the City authorize the City Manager to negotiate and
execute the Agreement with ERM for the purpose of granting access to conduct an
environmental assessment on the Property, and any needed remediation, where the
environmental assessment will be conducted by ERM at no cost to the City;
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 Agreement, in
a form acceptable to the City Attorney, between City and ERM, FDEP's selected contractor, for
the purpose of granting access to conduct an environmental assessment and remediation, if
necessary, by ERM, on the City -owned Property, at no cost to the City.
Section 3. The City Manager is further authorized' to negotiate and execute any and all
documents with ERM, including amendments, extensions, and renewals, all in forms acceptable
to the City Attorney, subject to all allocations, appropriations, prior budgetary approvals, and in
compliance with applicable sections of the Code of the City of Miami, Florida, as amended, and
all applicable laws, rules, and regulations, as may be deemed necessary for said purpose.
Section 4. This Resolution shall become effective immediately upon adoption.
APPROVED AS TO FORM AND CORRECTNESS:
rge . Wy 3 ng III, C ty ttor -y 7/16/2024
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 2 File ID: 16218 (Revision:) Printed on: 8/5/2024