Loading...
HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #16218 Date: 06/11/2024 Commission Meeting Date: 07/25/2024 Requesting Department: Department of Housing and Community Development Sponsored By: Christine King District Impacted: District 5 Type: Resolution Subject: Execute Agreement - ERM - 6200 NW 17 Ave Purpose of Item: A RESOLUTION OF THE MIAMI CITY COMMISSION, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A HOLD HARMLESS AGREEMENT BETWEEN CITY OF MIAMI ("CITY") AND ENVIRONMENTAL RISK MANAGEMENT ("ERM"), "SELECTED CONTRACTOR", FOR THE PURPOSE OF GRANTING ACCESS TO CONDUCT AND ENVIRONMENTAL ASSESSMENT AND REMEDIATION, IF NECESSARY BY FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION ("FDEP"), ON THE CITY OF MIAMI ("CITY") OWNED PROPERTY (PROPERTY") LOCATED AT 6200 NORTHWEST 17 AVENUE, FOLIO NO. 01-3115- 005-3291, AT NO COST TO THE CITY; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER DOCUMENTS WITH FDEP, INCLUDING AMENDMENTS, EXTENSIONS, AND RENEWALS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, AND 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. Background of Item: The City of Miami ("City") is owner of certain real property located at 6200 NW 17 Avenue, Miami, Florida, Folio No. 01-3115-005-3291 ("Property"). The Property has an existing site access agreement between City of Miami and FDEP adopted on September 28, 2023, pursuant to Resolution No.23-0433, to conduct environmental assessment and if necessary, remediation. The City has requested a separate agreement directly with the FDEP selected contractor ERM in the form of an Access, Indemnification, and Hold Harmless Agreement. The assessment and any needed remediation is funded fully by FDEP via its Low -Score Site Initiative ("LSSI") program. 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. The contamination status of the Property is outdated, therefore current data and any needed remediation to follow will help facilitate the planning of a building design and drainage system while preparing to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. Budget Impact Analysis Item is NOT Related to Revenue Item has NOT an Expenditure Item is NOT funded by Bonds Total Fiscal Impact: Total Fiscal Impact: $0 City Manager's Office Office of Management and Budget Office of Management and Budget City Manager's Office Legislative Division Office of the City Attorney Office of the City Attorney City Commission Office of the City Clerk Reviewed B Larry M. Spring Luis Hernandez -Torres Marie Gouin Arthur Noriega V Valentin J Alvarez Raymond Pereira George K. Wysong III Maricarmen Lopez City Clerk's Office Department Head Review Budget Analyst Review Budget Review City Manager Review Legislative Division Review ACA Review Approved Form and Correctness Meeting Rendered Completed 06/17/2024 4:12 PM Completed 06/18/2024 1:20 PM Completed 06/25/2024 12:09 PM Completed 06/25/2024 3:12 PM Completed 06/28/2024 10:10 AM Completed 07/16/2024 11:21 AM Completed 07/16/2024 6:15 PM Completed 07/25/2024 9:00 AM Completed 07/30/2024 3:07 PM City of Miami Legislation Resolution Enactment Number: R-24-0297 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. 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 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 ng III', City ttor7/16/2024 Pursuant to the resolution, this item became effective immediately upon adoption by the Commission. 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.