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Home My WebLink AboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #14266 Date: 07/03/2023 Commission Meeting Date: 07/27/2023 Requesting Department: Office of Capital Improvements Sponsored By: District Impacted: District 2 Type: Resolution Subject: Agreement - FDEP Environmental Assessment Site Acesss Purpose of Item: Grant permission for one year to the State of Florida Department of Environmental Protection to enter City of Miami owned properties located at 3900 Thomas Avenue and 4000 Grand Avenue for the purpose of conducting environmental assessments. Background of Item: In 2018 Florida Department of Environmental Protection (FDEP) conducted a statewide survey of 45 certified fire training facilities. This survey gathered information regarding each facility's historic use of aqueous film forming foam (AFFF) and the source of each facility's drinking water. In addition, the survey identified the likely locations of nearby public and private potable wells. This information was used to prioritize the order in which the facilities were evaluated. The survey confirmed the City of Miami Fire Training Center (FTC) used AFFF in the past which placed it on a list of facilities required to undergo preliminary assessments for perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) which are used in AFFF and have been identified as Contaminants of Concern (CEC). The preliminary assessments were completed February 2020 and FTC was found to have PFOA and PFOS in ground water and soil samples at concentrations above the target clean up levels. As part of an assessment and remediation plan FDEP and the City had a Site Assessment Report (SAR) prepared in December of 2022 and Site Assessment Report Addendum (SARA) prepared in August of 2022. The findings of the SARA indicated City of Miami owned properties located at 3900 Thomas Avenue and 400 Grand Avenue (Properties) were likely exposed to CECs. The SARA findings required FDEP to be given access to the Properties for their Site Investigation Section to reactivate assessment activities. Budget Impact Analysis Item has NOT an Expenditure Item is NOT Related to Revenue Item is NOT funded by Bonds Total Fiscal Impact: CIP Project No: 40-B40606 Office of Capital Improvements Office of Management and Budget Office of Management and Budget City Manager's Office 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 Hector L Badia Lai -wan McGinnis Marie Gouin Nzeribe Ihekwaba Arthur Noriega V Valentin J Alvarez Thomas M. Fossler Victoria Mendez Maricarmen Lopez City Clerk's Office Department Head Review Budget Analyst Review Budget Review Deputy City Manager Review City Manager Review Legislative Division Review ACA Review Approved Form and Correctness Meeting Rendered Completed 07/06/2023 9:16 AM Completed 07/13/2023 5:57 PM Completed 07/14/2023 7:24 AM Completed 07/14/2023 11:40 AM Completed 07/14/2023 12:29 PM Completed 07/17/2023 9:41 AM Completed 07/18/2023 6:38 PM Completed 07/18/2023 7:49 PM Completed 07/27/2023 9:00 AM Completed 08/01/2023 4:19 PM City of Miami Legislation Resolution Enactment Number: R-23-0324 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 14266 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 THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION ("FDEP") TO GRANT FDEP AND ITS CONTRACTORS ACCESS TO CITY OF MIAMI ("CITY") PROPERTY LOCATED AT 3900 THOMAS AVENUE, ALSO KNOWN AS CITY OF MIAMI FIRE RESCUE TRAINING CENTER (FOLIO NO. 01-4120-032-0010) AND 4000 GRAND AVENUE, ALSO KNOWN AS ESTHER MAE ARMBRISTER PARK (FOLIO NO. 01- 4120-003-0010) ("PROPERTIES") TO CONDUCT ENVIRONMENTAL SITE ASSESSMENTS OF THE PROPERTIES FOR A PERIOD OF ONE (1) YEAR; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER NECESSARY DOCUMENTS WITH FDEP, INCLUDING AMENDMENTS, EXTENSIONS, AND RENEWALS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, WITH FDEP 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, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE. WHEREAS, in 2018, the Florida Department of Environmental Protection ("FDEP") conducted a statewide survey of forty-five (45) certified fire training facilities to address Contaminants of Emerging Concern ("CEC") Perfluorooctane Sulfonate ("PFOS") and Perfluorooctanoic Acid ("PFOA") associated with the use of Aqueous Film Form Foam ("AFF"); and WHEREAS, pending the United States Environmental Protection Agency ("EPA") rulemaking process regarding PFOA and PFOS, FDEP has implemented provisional cleanup target levels for PFOA and PFOS; and WHEREAS, the City of Miami ("City") owns and operates the City of Miami Fire Rescue Training Center located at 3900 Thomas Avenue and 3425 Jefferson Street ("FTC"), Folio No. 01-4120-032-0010, which was one (1) of the forty-five facilities (45) identified, and the adjacent site, Esther Mae Armbrister Park, located at 4000 Grand Avenue, Folio No. 01-4120-003-0010 ("Properties"); and WHEREAS, a preliminary site assessment of the City FTC was conducted on February 12, 2020, to collect and test groundwater, soil and sediment samples; and WHEREAS, the results of the initial sampling indicated that on -site groundwater and soil samples may contain PFOA and PFOS at concentrations above the provisional cleanup target levels; and WHEREAS, on May 26, 2020, FDEP provided a letter to the City's Department of Fire Rescue indicating under Florida Statutes Chapters 376 or 403 the City may be responsible for further assessment and remediation in accordance with the provisions of Chapter 62-780 of the Florida Administrative Code; and WHEREAS, FDEP recommended the City schedule a meeting to discuss next steps in the assessment and cleanup plan process; and WHEREAS, on December 8, 2021, a Site Assessment Report ("SAR") was prepared pursuant to meetings between the City and FDEP, and after reviewing the SAR, FDEP required the preparation of an addendum to the SAR; and WHEREAS, a Site Assessment Report Addendum ("SARA") was prepared on August 15, 2022, by RES Florida Consulting, LLC, and the SARA indicated the Properties required further assessment; and WHEREAS, FDEP and the City agreed to reactivate assessment activities by FDEP's Site Investigation Section based on the SARA findings and in order to perform the necessary assessments, FDEP requires access to the Properties; and WHEREAS, it is recommended that the City authorize the City Manager to negotiate and execute a Site Access Agreement ("Access Agreement") with FDEP for the purpose of granting access to the Properties to conduct additional assessments; 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 FDEP to grant FDEP and its contractors access to the Properties to conduct environmental site assessments for a period of one (1) year. Section 3. The City Manager is further authorized' to negotiate and execute any and all documents with FDEP, including amendments, extensions, and renewals, 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, as amended ("City Code"), 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. 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. APPROVED AS TO FORM AND CORRECTNESS: