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HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #14205 Date: Commission Meeting Date: 07/27/2023 Type: Subject: Requesting Department: Office of Capital Improvements Sponsored By: District Impacted: District 2 Resolution Remediation Access Agreement - Community Developers Ltd Purpose of Item: A resolution of the Miami City Commission to authorize the City Manager to negotiate and execute a site access agreement with Community Developers Ltd. to allow City of Miami contractors to conduct environmental site assessments and remediation for properties located within folio number 01-4120-004-0260. Background of Item: On May 24, 2021 the City of Miami received notice of contamination assessment and remediation requirements from Miami -Dade County Department of Regulatory and Economic Resources —Division of Environmental Resources Management (DERM) for certain real property owned by Community Developers Ltd. (CDL) designated under folio number 01-4120-004-0260 (property). To facilitate compliance with the DERM notice the City of Miami procured environmental consultants Cherokee Enterprises, Inc. (CEI) who prepared a Scope of Work which is being reviewed for approval by DERM. Once the Scope of Work has been approved by DERM the City of Miami, CEI and their respective employees, agents and subcontractors will require access to the property owned by CDL to implement the Scope of Work approved by DERM. Budget Impact Analysis Item has NOT an Expenditure Item is NOT Related to Revenue Item is NOT funded by Bonds Total Fiscal Impact: N/A Office of Capital Improvements Office of Management and Budget Office of Management and Budget City Manager's Office Legislative Division City Manager's Office Office of the City Attorney Office of the City Attorney Reviewed B Hector L Badia Calvin Fifer Marie Gouin Nzeribe Ihekwaba Valentin J Alvarez Arthur Noriega V Thomas M. Fossler Victoria Mendez Department Head Review Budget Analyst Review Budget Review Deputy City Manager Review Legislative Division Review City Manager Review ACA Review Approved Form and Correctness Completed Completed Completed Completed Completed Completed Completed Completed 07/06/2023 9:15 AM 07/06/2023 11:59 AM 07/06/2023 12:01 PM 07/13/2023 11:52 AM 07/13/2023 11:59 AM 07/14/2023 12:29 PM 07/18/2023 4:53 PM 07/18/2023 7:50 PM City Commission Maricarmen Lopez Meeting Completed 07/27/2023 9:00 AM Office of the City Clerk City Clerk's Office Rendered Completed 08/01/2023 4:19 PM City of Miami Legislation Resolution Enactment Number: R-23-0320 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 14205 Final Action Date:7/27/2023 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A SITE ACCESS AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH COMMUNITY DEVELOPERS LTD. ("CDL") TO GRANT ACCESS TO CITY OF MIAMI CONTRACTORS IN ORDER TO CONDUCT ENVIRONMENTAL SITE ASSESSMENTS AND REMEDIATION FOR APPROXIMATELY 5.11 ACRES OF LAND LOCATED AT FOLIO NUMBER 01-4120- 004-0260 ("PROPERTY"); FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER NECESSARY DOCUMENTS WITH CDL, INCLUDING AMENDMENTS, RENEWALS, OR EXTENSIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, 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 OTHER APPLICABLE LAWS, RULES AND REGULATIONS, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE. WHEREAS, on May 24, 2021, Miami -Dade County ("MDC") Department of Regulatory and Economic Resources — Division of Environmental Resources Management ("DERM") issued correspondence to the City of Miami ("City") setting forth certain contamination assessment and remediation requirements to be conducted at approximately 5.11 acres of land located at Folio Number 01-4120-004-0260 ("Property"); and WHEREAS, Community Developers Ltd. ("CDL") owns and maintains the Property; and WHEREAS, the City's environmental consultant, Cherokee Enterprises, Inc. ("CEI") prepared a work plan dated July 9, 2021 to implement the requirements in the DERM Letter dated May 24, 2021; and WHEREAS, a Site Assessment Report Addendum ("SARA") dated January 5, 2022, for the Property was completed by CEI and submitted to DERM for review; and WHEREAS, upon review of the SARA, on January 5, 2022, DERM issued correspondence to the City; and WHEREAS, a SARA and Source Removal Plan, dated June 15, 2022, was prepared by CEI to address DERM's Letter dated January 5, 2022 and was thereafter approved by DERM on July 15, 2022; and WHEREAS, any sampling or work on the Property by the City and/or its agents shall not be construed as an admission by the City of any liability to CDL for any other claims whatsoever; and WHEREAS, it is recommended that the City authorize the negotiation and execution of a Site Access Agreement ("Access Agreement") with CDL, for the purpose of granting access to the Property to conduct additional assessments on, and if necessary, a remediation of the Property, where the environmental assessment and any necessary remediation will be conducted by a CEI on behalf of 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 an Access Agreement, in a form acceptable to the City Attorney, with CDL to grant site access to CEI to the Property in order to conduct additional assessment on, and if necessary, a remediation of the Property. Section 3. The City Manager is authorized' to negotiate and execute any and all other necessary documents with CDL, including amendments, renewals, or extensions, all in forms acceptable to the City Attorney, 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 ("City Code"), and all other 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: ndez, ity kkor ey 7/18/2023 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.