HomeMy WebLinkAboutR-23-0324City of Miami
Resolution R-23-0324
Legislation
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
City of Miami Page 1 of 3 File ID: 14266 (Revision:) Printed On: 7/10/2025
File ID: 14266 Enactment Number: R-23-0324
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 authorized1 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.
City of Miami Page 2 of 3 File ID: 14266 (Revision:) Printed on: 7/10/2025
File ID: 14266 Enactment Number: R-23-0324
APPROVED AS TO FORM AND CORRECTNESS:
City of Miami Page 3 of 3 File ID: 14266 (Revision:) Printed on: 7/10/2025