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• <br />• <br />Concerning liability insurance, the consultant is exempt nom requirements under the State of <br />Florida Worker's Compensation laws. The County Risk Manager and attorney staff have reviewed <br />the contract, and have indicated that hold harmless language in the contract (Section 10 of <br />Attachment B) sufficiently addresses liability. <br />RECOMMENDATION <br />Staff recommends that the Board of County Commissioners approve the attached contract between <br />Indian River County and Smith Environmental Services, Inc., for development of a Sebastian area - <br />wide scrub -jay habitat conservation plan, and that the Board authorize staff to issue a Notice to <br />Proceed to SES upon execution of the contract by the Board Chairman. <br />MOTION was made by Commissioner Eggert, <br />SECONDED by Commissioner Ginn, that the Board <br />approve the contract with Smith Environmental <br />Services, Inc. for development of a Sebastian area - <br />wide scrub jay habitat conservation plan, and <br />authorize staff to issue a Notice to Proceed to Smith <br />Environmental Services upon execution of the <br />contract by the Board Chairman, as recommended by <br />staff. <br />Under discussion, Commissioner Adams stated her concern that some of the lots <br />would still fall within the designated habitat area and the owners would still be unable to <br />develop them. <br />Chief of Environmental Planning Roland DeBlois stated that Fish & Wildlife Service <br />was involved in the selection process and has indicated they would give us as much latitude <br />,0 <br />as possible. The properties appear to be sufficient for mitigation. <br />Commissioner Adams wanted to know that, when this plan is finished, these lots will <br />be free for development, and Community Development Director Bob Keating responded in <br />the affirmative. It is the intent of Fish & Wildlife Service that the property will meet the <br />mitigation ratios and, once the plan is implemented, those lots will be free to be developed. <br />JULY 79 1998 <br />THE CHAIRMAN CALLED THE QUESTION and <br />the Motion passed unanimously. <br />DOCUMENTS ARE ON FILE IN THE <br />OFFICE OF THE CLERK TO THE BOARD <br />-43-„�' U' <br />