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HomeMy WebLinkAbout06/16/2015 (2) BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA COMMISSION AGENDA N TUESDAY,JUNE 16,2015 -9:00 A.M. 10\Q \ Commission Chambers Indian River County Administration Complex • oR 1801 27th Street,Building A Vero Beach,Florida,32960-3388 www.ircgov.com COUNTY COMMISSIONERS DISTRICT Wesley S.Davis,Chairman District 1 Joseph A. Baird,County Administrator Bob Solari,Vice Chairman District 5 Dylan Reingold,County Attorney Joseph E. Flescher District 2 Jeffrey R. Smith, Clerk of the Circuit Peter D. O'Bryan District 4 Court and Comptroller Tim Zorc District 3 1. CALL TO ORDER 9:00 A.M. PAGE 2. INVOCATION Freddie Woolford, Gifford Youth Achievement Center 3. PLEDGE OF ALLEGIANCE Commissioner Joseph E. Flescher 4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS A. Presentation of Proclamation Designating June 18, 2015 as 10th Annual National Dump the Pump Day 1 B. Presentation by Harley O'Neill, Director of Sales & Marketing, Triton Submarines—Brief Overview of the Company and Updates ---- C. Fire Station Update (memorandum dated June 9, 2015) 2-86 June 16,2015 Page 1 of 6 ill 6. APPROVAL OF MINUTES PAGE A. Regular Meeting of May 19, 2015 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION A. Letter to Bill Spivey, Executive Director, Florida Development Finance Corporation (letter dated June 10, 2015) 87-88 B. Letter from U.S. Department of Homeland Security Appending Second Appeal Decision for FEMA Region IV to re-obligate $2,827,524 for Indian River County's Rockridge Sewer Mitigation Project (letter dated June 8, 2015) 89-90 8. CONSENT AGENDA A. Approval of Warrants—May 29, 2015 to June 4, 2015 (memorandum dated June 4, 2015) 91-99 B. Approval of Mediated Settlement Agreement—Parcel of Property Owned by Laurel Homes, Inc. Located on 66th Avenue South of 16th Street (memorandum dated June 10, 2015) 100-113 C. Escheated Property: Lot 1, Block 12, Tropical Village Estates, Unit 2 (memorandum dated June 9, 2015) 114-121 D. Revised and Restated Joint Fiber Optics Project Interlocal Agreement (memorandum dated June 3, 2015) 122-145 E. Work Order No. 2 Release of Retainage—Bridge Design Associates, Inc. for 66th Avenue Bridge Replacements for 41st Street, 45th Street, 49th Street, 33`d Street and 37th Street Bridges—IRC Project No. 0545 (memorandum dated June 2, 2015) 146-148 F. Miscellaneous Budget Amendment 17 (memorandum dated June 10, 2015) 149-153 • G. Award of Bid No. 2015011, 45th Street Canal Enclosure (43rd Avenue — Family Dollar Entrance), IRC Project No. 1427 (memorandum dated June 8, 2015) 154-164 June 16,2015 Page 2 of 6 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES PAGE A. Indian River County Sheriff Deryl Loar Target Corporation Grant Application to Purchase Tactical Force-on-Force Training Equipment (letter dated June 1, 2015) 165-172 10. PUBLIC ITEMS A. PUBLIC HEARINGS None B. PUBLIC DISCUSSION ITEMS None C. PUBLIC NOTICE ITEMS 1. Notice of Scheduled Public Hearing for June 23,2015: Indian River County Board of County Commissioners Rental Assistance Department — Housing Choice Voucher (Section 8) Program Five Year and Annual Year Plan FY 2016—2021 (memorandum dated June 10, 2015) 173-174 11. COUNTY ADMINISTRATOR MATTERS None 12. DEPARTMENTAL MATTERS A. Community Development None B. Emergency Services None June 16,2015 Page 3 of 6 12. DEPARTMENTAL MATTERS PAGE C. General Services None 1. Human Services None 2; Sandridge Golf Club None 3. Recreation None D. Human Resources None E. Office of Management and Budget None F. Public Works None G. Utilities Services None 13• COUNTY ATTORNEY MATTERS A. 2016 Legislative Priorities (memorandum dated June 8, 2015) 175-176 14. COMMISSIONERS MATTERS A. Commissioner Wesley S. Davis, Chairman None B. Commissioner Bob Solari,Vice Chairman None June 16,2015 Page 4 of 6 1 14. COMMISSIONERS MATTERS PAGE C. Commissioner Joseph E. Flescher None D. Commissioner Peter D. O'Brvan None E. Commissioner Tim Zorc None 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District None B. Solid Waste Disposal District None C. Environmental Control Board None 16. ADJOURNMENT Except for those matters specifically exempted under the State Statute and Local Ordinance, the Board shall provide an opportunity for public comment prior to the undertaking by the Board of any action on the agenda, including those matters on the Consent Agenda. Public comment shall also be heard on any proposition which the Board is to take action which was either not on the Board agenda or distributed to the public prior to the commencement of the meeting. Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal will be based. Anyone who needs a special accommodation for this meeting may contact the County's Americans with Disabilities Act(ADA) Coordinator at(772) 226-1223 at least 48 hours in advance of meeting. Anyone who needs special accommodation with a hearing aid for this meeting may contact the Board of County Commission Office at 772-226-1490 at least 20 hours in advance of the meeting. The full agenda is available on line at the Indian River County Website at www.ircgov.com The full agenda is also available for review in the Board of County Commission Office, the Indian River County Main Library, and the North County Library. June 16,2015 Page 5 of 6 Commission Meeting may be broadcast live by Comcast Cable Channel 27 Rebroadcasts continuously with the following proposed schedule: Tuesday at 6:00 p.m. until Wednesday at 6:00 a.m., Wednesday at 9:00 a.m. until 5:00 p.m., Thursday at 1:00 p.m. through Friday Morning, and Saturday at 12:00 Noon to 5:00 p.m. June 16,2015 Page 6 of 6 PROCLAMATION 54 DESIGNATING JUNE 18, 2015 AS 10th ANNUAL NATIONAL DUMP THE PUMP DAY WHEREAS, June 18, 2015 marks the 10th annual National Dump the Pump Day as a day to encourage people to ride public transportation, as public transit powers community growth by driving economic development and revitalizing neighborhoods; and WHEREAS, every $1 invested in public transportation generates approximately $4 in economic returns; and WHEREAS, public transportation is a $61 billion industry that puts people to work — directly employing nearly 400,000 people and creating hundreds of thousands of private-sector jobs; and WHEREAS, Nearly 60 percent of public transit trips are work commutes; and WHEREAS, people who ride public transportation can save, on average, more than $9,394 per year, based on today's gas prices, the cost of owning a car, and the average unreserved parking rate; and WHEREAS, U.S. public transportation use saves 4.2 billion gallons of gas annually; and WHEREAS, public transportation use in 498 urban areas in the United States saved 865 million hours annually in travel time and 450 million gallons of fuel; and without public transportation, annual congestion costs would have risen by nearly $21 billion from $121 to $142 billion; and WHEREAS, Indian River County declares by using public transportation people save money, help the environment, and improve America's quality of life; and WHEREAS, where public transportation goes, communities grow and prosper. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that June 18, 2015, be designated as National Dump the Pump Day in Indian River County, and that the Senior Resource Association GoLine Indian River Transit will join with public transportation agencies across the country and participate in the 10th annual National Dump the Pump Day to encourage people to ride public transportation on June 18, 2015. Adopted this 16th day of June, 2015. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Y-4 ", Wesley S. Davis, hairman (1:40-__ ,fn.11, ..7,,, 'a--ef 4,-ea.AL B•• .lari . 41Ett), -, 4 , Vice Chairrr�a a * * 'eter D. O'Bryan Z ��'.��,.-�, �, Ort .. ?,�..--, '"j`� �t` osep escher Tim Zor 1 PRESENTATIONS INDIAN RIVER COUNTY INTER-OFFICE MEMORANDUM , OFFICE OF MANAGEMENT AND BUDGET TO: Members of the Board of County Commissioners DATE: June 9, 2015 FROM: Jason E. Brown Director, Office of Manage Budget SUBJECT: FIRE STATION UPDATE DESCRIPTION Staff would like to provide and update to the Board of County Commissioners on fire stations 1, 7, 10 and 11. ATTACHED: • Amec Foster Wheeler Environment& Infrastructure, Inc. Industrial Hygiene Assessment: Fire Station#1 Fire Station#7 Fire Station#10 Fire Station#11 • Veritox Expert Report of Bruce J. Kelman, Ph.D., DABT, ATS, ERT Dated June 3, 2015 • Indoor Environmental Hygene Laboratory Expert Report of Payam Fallah Moghadam, Ph. D. Dated June 3, 2015 APPROVED AGENDA ITEM: BYC1.2a 4.(7571,1„)701 Jos- eh A. Baird County Administrator FOR: June 16, 2015 Indian River County • zioL,d Date Administrator Cf* (t• )1< Legal (0 fay Budget ell Ir., Department Risk Management 2 c>410 June 8, 2015 amec ft Project No. 5-915-17881-0 foster Indian River County wheeler Risk Management Division 1800 27th Street Vero Beach, Florida 32960-0310 Attention: Ms. Beth Martin Risk Manager Phone: +1 (772) 567-8000 Ext 1287 Email: bmartinircqov.com Subject: Industrial Hygiene Assessment • Indian River County Fire Station #1 1500 Old Dixie Highway Vero Beach, Florida Dear Ms. Martin: Amec Foster Wheeler Environment& Infrastructure, Inc. (Amec Foster Wheeler), conducted an industrial hygiene site assessment, mold surface sampling, moisture testing and photo documentation while observing consultants reportedly retained by the Indian River County (IRC) firefighter's union (Engineering Systems, Inc. [ESI]), as requested by IRC Risk Management at Fire Station#1 in Vero Beach, Florida. The site assessment was performed by Mr. Michael Smith, Certified Industrial Hygienist(CIH) on March 31, 2015. Our field services for this limited assessment were conducted in general accordance with Amec Foster Wheeler Revised Proposal 91P-22661, dated March 25, 2015. Amec Foster Wheeler appreciates the opportunity to have been of assistance to you on this project and is looking forward to working with you as your consultant in the future. If you have any questions concerning this report or if we can be of further service, please contact us. Respectfully, Amec Foster Wheeler Environment& Infrastructure, Inc. James Kapin, CIH Michael Smith, CIH Ronald C. Trapane, MS, CIEC Senior Associate Industrial Senior Associate Florida Mold Assessor MRSA#2319 Hygienist Industrial Hygienist 75 East Amelia Street,Suite 200 Orlando,Florida 32801 USA Tel:+1 (407)522-7570 Fax:+1 (407)522-7576 www.arnecfmcom 11SEA-FS11WordProd_Projects1170005117881 Indian River CountyWotd1Station 01URC Station 01 Mold Report 150600.docx 3 evaluation of the HVAC system. Amec Foster Wheeler understands that IRC is in process of repairs and planned remediation activities to address any deficiencies. During the March 31, 2015, site visit, Mr. Smith observed the general investigative and data collection methods and procedures by the two on-site representatives (Derrick and Mel) of Engineering Systems Inc. (ESI) of Fort Myers, Florida, while they conducted assessments intended to identify evidence of water intrusion or microbial growth. Amec Foster Wheeler understands that ESI have been retained by an attorney representing the IRC firefighters union to evaluate interior conditions at IRC Fire Stations 1, 7, 10 and 11. Mr. Smith observed ESI personnel to the extent possible while on site; and either made observations, collected samples or moisture measurements in all areas evaluated by ESI personnel. Mr. Mark E. Hill (Hurley, Rogner, Miller, Cox &Waranch P.A.), Mr. Brian Burkeen (IRC Assistant Fire Chief) accompanied Mr. Smith and provided additional information during the assessments. Note that ESI utilized Mycometer® and Bactiquante test methods to evaluate fungal (mold) and bacterial contamination. These tests rely on detection of enzymes associated with the target organisms to estimate fungal or bacterial biomass. While the technical basis of the Mycometer® method has been evaluated by the U.S. EPA, these tests are not accepted by the scientific community to be a surrogate for actual traditional analysis of fungi on surfaces and the interpretation guidelines associated with the Mycometer®have not been verified by any independent entity. Mycometer®and Bactiquant®are surface sampling techniques and suffer from the same limitations as all mold and bacterial surface sampling techniques. Specifically, these tests (and other surface tests for mold and bacteria) only indicate the presence or absence of materials (e.g. mold, fungi, bacteria, etc.) but provide no information on how or when those materials were deposited or where they originated. In addition, surface sample results provide no information regarding current or past airborne concentrations. For these reasons, surface samples (of all types) have limited utility in mold investigations and are generally used to confirm that a given material is actually mold growth. Surface sample results cannot be used to evaluate the potential for exposure to mold or mold spores. It is widely recognized that air samples, and not surface samples, are more relevant indicators of exposure to mold or other bioaerosols; however ESI did not collect any air samples during this site visit. 3 4 _ _ IR Thermography Amec Foster Wheeler utilized a Fluke TiR infrared (IR) camera to examine building materials for thermal gradients that could represent areas of possible excess moisture. Accessible building materials that appeared to be relatively cold in an IR image were assessed directly using a moisture meter and by manually examining materials. Moisture Testing Moisture content was measured in remaining gypsum wallboard (GWB) using a direct-reading moisture meter' and a non-penetrating moisture meter2. Moisture content readings were collected to identify building materials that contained sufficient moisture to support and amplify mold growth. The instruments used are designed for quantitative measurement of moisture content in wood, gypsum wallboard, plaster, and concrete. Wood with a moisture concentration of 20 percent or greater is considered "wet" and capable of supporting mold growth. Moisture content in gypsum wallboard is measured on a relative percent scale using the Delmhorst BD-2100. A moisture content of 0 to 0.4 percent is considered "dry," 0.5 to 0.9 percent is considered "borderline" and 1.0 percent and greater is considered "excess moisture" and capable of supporting mold growth. FINDINGS Visual Observations Time Observation 1:00 Station 1 walkthrough w/Mark Hill and Asst. Chief Burkeen Pm Asst. Chief Burkeen indicated station is going to be renovated in July 2015; also noted grass berm which abuts building on E. and W. sides. 1:03 Derrick(ESI)taking pictures, Mel(ESI)on roof. 1:24 Mel, Derrick still taking photos. 1:30 Water stained ceiling tile observed in Conference Room; Water stained ceiling tile observed in hallway near exit; SVG observed in room between Captains office&Battalion Chief office,wall where wallpaper was removed. 1:55 Ready Room—Rust,water stain, SVG observed on metal air supply housing(ceiling plenum side). Collected swab IRC-5. 1 Delmhorst BD-2100. 2 Tramex Digital MRX. 5 5 Table 1 Moisture Readings Moisture Moisture Location Time(approx.) (Tramex), (Delmhorst) Moisture(IR Camera) Ready Room(IR screen) 1:30 PM No moisture indicated Office (SW Corner) 2:00 PM 0.7— 1.1 Office (SW Corner, 1' x 1' 2:45 PM 20% - 100% area) (background = 0.0) 1st Dormitory(IR Screen) 3:00 PM No moisture indicated New Addition Dormitory 3:40 PM No moisture indicated (IR Screen) Kitchen (IR Screen) 3:50 PM No moisture indicated North Wing—Captain 4:18 PM No moisture indicated Office, Hallway, all rooms Table 2 Swab Sample Results Sample Location Observed Mold Types Ready Room(IRC-5) Cladosporium—Very Heavy Growth Office S. (IRC-6) Curvularia—Very Light Growth Office SW(IRC-7) Penicillium/Aspergillus—Very Heavy Growth Office betw. Battalion Chief and Capt. Office N (IRC-8) Penicillium Very Heavy Growth Batt. Chief(IRC-9) Penicillium Very Heavy Growth Entry(IRC-10) Peniciffium/Aspergfilus—Heavy Growth Stachybotris—Very Heavy Growth CONCLUSIONS Based on our visual observations and test results we offer the following conclusions: • Amec Foster Wheeler observed limited areas with Station 1 with water staining, water damage and limited areas of mold growth as confirmed by surface swab testing. Some issues in the building have been addressed as recommended in Amec Foster Wheeler's 2014 assessment report, and some remain to be completed. Amec Foster Wheeler understands that IRC is in process of addressing remaining areas in need of repair or remediation. Assessment methods by ESI were generally observed to be typical of an engineering investigation. 7 6 planned facility renovation currently scheduled for July, 2015. A second example would be an evaluation of the building HVAC system. 2. Areas of observed mold growth should be cleaned or removed as described in the previous report, specifically Amec Foster Wheeler recommends using an antimicrobial detergent solution or other low hazard cleaning agent to remove SVG. 3. Mold clean-up activities can be conducted by a Florida Licensed Mold Remediation Contractor, however Florida state guidance to homeowners also states"If the moldy area is less than about 10 square feet (less than roughly a 3 ft..by 3 ft. patch), in most cases, you can handle the job yourself:" (http://www.floridahealth.ciovr/o5C/environmental- health/mold/index.html#mold%20be%20cleaned) LIMITATIONS Amec Foster Wheeler cannot provide a medical opinion, for example, whether or not occupants experiencing adverse health effects can safely occupy the building. Amec Foster Wheeler has not been retained to perform a comprehensive inspection for moisture or fungal-impacted building materials throughout the entire building and is providing industrial hygiene assessments of potential moisture related issues in this fire station. Amec Foster Wheeler has not assessed the structural condition of the building or existing building materials. Amec Foster Wheeler is not responsible for repair work designed and/or conducted by others that may affect the building environment now or in the future. Amec Foster Wheeler provided these services using its commercially reasonable best efforts consistent with the level and skill ordinarily exercised by members of the profession currently practicing under similar conditions. The on-site tasks were performed by a CIH who is experienced in conducting mold, moisture, and indoor air quality assessments. The conclusions in this report are based on the observations and data obtained on March 31, 2015; our understanding of the information provided by Indian River County; and generally accepted industrial hygiene standards of care and regulatory requirements in Florida. The conclusions presented above apply to the site conditions existing at the time of the assessment. The reported information is believed to provide a reasonable representation of the general environmental conditions in the areas of assessment. It should be noted that the data presented • herein were collected at specific locations, although the information may not be representative of all locations within the site building. 9 7 Photos Taken April 1, 2015 ' ''c' i' s,-'s (; t �� " . 0,4 X 7 11 ii I Y- ;q./,,, 1,,, 4 0:: \r` r Figure 1-Berm on N. side of Figure 2-ESI inspecting Dorm Figure 3-IRC 5 swab sample,top Bldg. furnace of ceiling tile Ready Room HVAC supply Ak____, ',-',';>.1 - _, - :4'',4'' g Figure 4-Dorm-wter stained ceiling tile associate Figure 5-ES!collecting samplele top of Ready Room with roof flashing issue due to be repaired HVAC supply __._� --, --,-e.-:4,.- Y ? 'RRi • Figure 6-IRC 6 swab sample of SVG N wall of Office Figure 7-Berm on S. side of Bldg. A-1 8 Photos Taken April 1, 2015 ix 't "'4Q � w.Yj �C j '''-',$.„,..., tw ' > v : . w3 # t31;:t.,,,„, ~`"vat. ,, ,fix # �'.,•` 1. "`., ` Y r* , :4 Figure'15-.N.wall Captain's Figure 16-N.wall Battalion Figure 17-SEWS W Office west wall, Office where wallpaper removed Chiefs office SVG behind area where ESl removed 1'x 1' -ESI collecting Mycometer wallpaper " section sample I ` A-3 9 1 • • • • • • NEW DORMITORY(2ND) N rAC� d •� LBOLEJ t - R _ GEAR STORAGE/) MCM/fN5 -1ST DORMITORY 1 ATTIC ACCESS//` ROOM . e AC - AC FMS SUPERNSO4r . • . \ MEN'S SCD • ROOM MEDICAL SUPPUES� *EIGHT ROOM .KITCNEN- . g ' AC _ STORAGE IRG9A �r BATTALION CHIEF y APPARATUS ROOM B - OfF10E RPM READY ROOM - OFFICE - iRGBf9/!• T 7 Q / SWT5 EMPTY - ONSET CAPTAINS OFl1CC� OFi1Cf --Smc.6 I F j�`IRC 7 Q MOISTURE DAMAGE_,' G1rt y `72"x12"GYPSUM WALL BOTTOM SECTION OF WALL BOARD REMOVED • 1 I I I I STATION#1 ® FLOOR PLANS 1500 OLD DIME HIGHWAY SCALE M7. SERO BEACH aI1'teC INDIAN MEP COUNTY EYERGEHCY SERVICES 11� • MAN PoKR COMM FLORIDA foster -,.• COMM* wheeler OWN�� ,.R MEV LEGEND s¢+sK s-a • Environment. SWAB SAMPLE o SLSPECT VOID SWABSANG PIE LOTONS • &Infrastructure LOCATION PLAN o¢r 1 u_.s. • • 10 • OEM A TestAmerica Company Report for: Mr. Michael Smith AMEC Foster Wheeler Environment&Infrastructure, Inc. :WA 11810 North Creek Parkway North Bothell, WA 98011 Regarding: Project: 5915178810 EML ID: 1347001 Approved by: Dates of Analysis: Direct microscopic exam(Qualitative):04-06-2015 Technical Manager Dr. Kamashwaran Ramanathan Service SOPs: Direct microscopic exam(Qualitative)(EM-MY-S-1039) AIHA-LAP, LLC accredited service, Lab ID#102856 All samples were received in acceptable condition unless noted in the Report Comments portion in the body of the report. Due to the nature of the analyses performed,field blank correction of results is not applied.The results relate only to the items tested. EMLab P&K("the Company")shall have no liability to the client or the client's customer with respect to decisions or recommendations made,actions taken or courses of conduct implemented by either the client or the client's customer as a result of or based upon the Test Results. In no event shall the Company be liable to the client with respect to the Test Results except for the Company's own willful misconduct or gross negligence nor shall the Company be liable for incidental or consequential damages or lost profits or revenues to the fullest extent such liability may be disclaimed by law,even if the Company has been advised of the possibility of such damages, lost profits or lost revenues. In no event shall the Company's liability with respect to the Test Results exceed the amount paid to the Company by the client therefor. EMLab P&K,LLC EMLab ID: 1347001, Page 1 of 6 11 EMLab P&K 1150 Bayhill Drive, Suite 100, San Bruno, CA 94066 (866) 888-6653 Fax (650) 829-5852 www.emlab.com Client: AMEC Foster Wheeler Environment& Date of Sampling: 03-31-2015 Infrastructure, Inc. : WA Date of Receipt: 04-03-2015 C/O: Mr. Michael Smith Date of Report: 04-06-2015 Re: 5915178810 DIRECT MICROSCOPIC EXAMINATION REPORT Location: IRC-4: IRC-5: IRC-6: Ready room W.#7 Ready room#1 Office S. #1 Sample type: Swab sample Swab sample Swab sample Lab ID-Versiont: 6167060-1 6167061-1 6167062-1 Analysis Date: 04/06/2015 04/06/2015 04/06/2015 MOLD/FUNGAL GROWTH*:Molds seen growing with underlying mycelial and/or sporulating structures Acremonium Alternaria Aureobasidium Basidiospores Chaetomium Cladosporium < 1+ 4+ Colorless spores typical of Penicillium/Aspergillus Curvularia < 1+ Fusarium Other colorless,ID unknown Stachybotrys Torula Ulocladium Miscellaneous spores** Very few Very few Very few Other commentst None None None Background debris or Descriptiontt Heavy Moderate Moderate General impression Minimal mold growth Mold growth Minimal mold growth *See Mold/Fungal Growth Details table on the last page. **See Miscellaneous Spores table on the last page. t Some comments may refer to the following:Most surfaces collect a mix of spores which are normally present in the outdoor environment.At times it is possible to note a skewing of the distribution of spore types,and also to note"marker"genera which may indicate indoor mold growth.Marker genera are those spore types which are present normally in very small numbers,but which multiply indoors when conditions are favorable for growth. tt Background debris is an indication of the amounts of non biological particulate matter present.This background amorphous material is graded and described as scant,light,moderate,heavy,or very heavy.(Very heavy background debris may obscure visibility.) Fungal types listed without a growth rating or data entry were not detected during the course of the analysis for the respective sample. Interpretation is left to the company and/or persons who conducted the field work. $A"Version"indicated by-"x"after the Lab ID#with a value greater than 1 indicates a sample with amended data. The revision number is reflected by the value of"x". The limit of detection is<1+when mold growth is detected. EMLab P&K,LLC EMLab ID: 1347001,Page 3 of 6 • 12 EMLab P&K 1150 Bayhill Drive, Suite 100, San Bruno, CA 94066 (866) 888-6653 Fax(650) 829-5852 www.emlab.com Client: AMEC Foster Wheeler Environment& Date of Sampling: 03-31-2015 Infrastructure, Inc. : WA Date of Receipt: 04-03-2015 C/O: Mr. Michael Smith Date of Report: 04-06-2015 Re: 5915178810 DIRECT MICROSCOPIC EXAMINATION REPORT Location: IRC-10: Entry#1 Sample type: Swab sample Lab ID-Version$: 6167066-1 Analysis Date: 04/06/2015 MOLD/FUNGAL GROWTH*:Molds seen growing with underlying mycelial and/or sporulating structures Acremonium Alternaria Aureobasidium Basidiospores Chaetomium Cladosporium Colorless spores typical of Penicillium/Aspergillus Fusarium Other colorless,ID unknown Penicillium/Aspergillus group 3+ Stachybotrys 4+ Torula Ulocladium Miscellaneous spores** Very few Other commentst None Background debris or Descriptiontt Moderate General impression Mold growth *See Mold/Fungal Growth Details table on the last page. **See Miscellaneous Spores table on the last page. t Some comments may refer to the following:Most surfaces collect a mix of spores which are normally present in the outdoor environment.At times it is possible to note a skewing of the distribution of spore types,and also to note"marker"genera which may indicate indoor mold growth.Marker genera are those spore types which are present normally in very small numbers,but which multiply indoors when conditions are favorable for growth. tt Background debris is an indication of the amounts of non biological particulate matter present.This background amorphous material is graded and described as scant,light,moderate,heavy,or very heavy.(Very heavy background debris may obscure visibility.) Fungal types listed without a growth rating or data entry were not detected during the course of the analysis for the respective sample. Interpretation is left to the company and/or persons who conducted the field work. $A"Version"indicated by-"x"after the Lab ID#with a value greater than 1 indicates a sample with amended data. The revision number is reflected by the value of"x". The limit of detection is< 1+when mold growth is detected. EMLab P&K,LLC EMLab ID: 1347001,Page 5 of 6 13 a,A EM Lab P&K A TestAmerica Company Report for: Mr.Michael Smith AMEC Foster Wheeler Environment& Infrastructure, Inc. :WA 11810 North Creek Parkway North Bothell, WA 98011 Regarding: Project: 5915178810 EML ID: 1347001 Approved by: Dates of Analysis: Direct microscopic exam(Qualitative): 04-06-2015 Technical Manager Dr. Kamashwaran Ramanathan Service SOPs: Direct microscopic exam (Qualitative)(EM-MY-S-1039) AIHA-LAP, LLC accredited service, Lab ID#102856 All samples were received in acceptable condition unless noted p m the Report Comments portion in the body of the report. Due to the nature of the analyses performed,field blank correction of results is not applied.The results relate only to the items tested. EMLab P&K("the Company")shall have no liability to the client or the client's customer with respect to decisions or recommendations made,actions taken or courses of conduct implemented by either the client or the client's customer as a result of or based upon the Test Results. In no event shall the Company be liable to the client with respect to the Test Results except for the Company's own willful misconduct or gross negligence nor shall the Company be liable for incidental or consequential damages or lost profits or revenues to the fullest extent such liability may be disclaimed by law,even if the Company has been advised of the possibility of such damages, lost profits or lost revenues. In no event shall the Company's liability with respect to the Test Results exceed the amount paid to the Company by the client therefor. EMLab P&K,LLC EMLab ID: 1347001, Page 1 of 3 14 Background Miscellaneous MOLD GROWTH: Molds seen Other General Debris and/or Spores Present* with underlying mycelial and/or Commentsff Impression Description sporulating structurest Lab ID-Version$: 6167066-1,Analysis Date: 04/06/2015: Swab sample IRC-10: Entry#1 Moderate Very few 4+Stachybotrys species None Mold growth 3+Penicillium/Aspergillus group *Indicative of normal conditions,i.e.seen on surfaces everywhere.Includes basidiospores(mushroom spores),myxomycetes,plant pathogens such as ascospores,rusts and smuts,and a mix of saprophytic genera with no particular spore type predominating.Distribution of spore types seen mirrors that usually seen outdoors. t Quantities of molds seen growing are listed in the MOLD GROWTH column and are graded<1+to 4+,with 4+denoting the highest numbers. tt Some comments may refer to the following:Most surfaces collect a mix of spores which are normally present in the outdoor environment.At times it is possible to note a skewing of the distribution of spore types,and also to note"marker"genera which may indicate indoor mold growth.Marker genera are those spore types which are present normally in very small numbers,but which multiply indoors when conditions are favorable for growth. A"Version"indicated by-"x"after the Lab ID#with a value greater than 1 indicates a sample with amended data. The revision number is reflected by the value of"x". The limit of detection is<1+when mold growth is detected. EMLab P&K,LLC EMLab ID: 1347001,Page 3 of 3 15 4/ June 8, 2015 ` Project No. 5-915-17881-0 amec foster Indian River County Wheeler Risk Management Division 1800 27th Street Vero Beach, Florida 32960-0310 Attention: Ms. Beth Martin Risk Manager Phone: +1 (772) 567-8000 Ext 1287 Email: bmartinna ircgov.com Subject: Industrial Hygiene Assessment Indian River County Fire Station#7 1500 Old Dixie Highway Vero Beach, Florida Dear Ms. Martin: Amec Foster Wheeler Environment& Infrastructure, Inc. (Amec Foster Wheeler), conducted an industrial hygiene site assessment, mold surface sampling, moisture testing and photo documentation while observing consultants reportedly retained by the Indian River County (IRC)firefighter's union (Engineering Systems, Inc. [ESI]), as requested by IRC Risk Management at Fire Station#7 in Vero Beach, Florida. The site assessment was performed by Mr. Michael Smith, Certified Industrial Hygienist(CIH) on March 31, 2015. Our field services for this limited assessment were conducted in general accordance with Amec Foster Wheeler Revised Proposal 91P-22661, dated March 25, 2015. Amec Foster Wheeler appreciates the opportunity to have been of assistance to you on this project and is looking forward to working with you as your consultant in the future. If you have any questions concerning this report or if we can be of further service, please contact us. Respectfully, Amec Foster Wheeler Environment& Infrastructure, Inc. )42-441 Cf James Kapin, CIH • Michael Smith, CIH Ronald C. Trapane, MS, CIEC Senior Associate Industrial Senior Associate Florida Mold Assessor MRSA#2319 Hygienist Industrial Hygienist 75 East Amelia Street,Suite 200 Orlando,Florida 32801 USA Tel:+1 (407)522-7570 Fax:+1 (407)522-7576 www.amecfw.com \\SEA-FS1\WordProc\Projects\17000x\17881 Indian River CountyWold\Station 07'dRC Station 07 Mold Report 150608.docc 16 evaluation of the HVAC system. Amec Foster Wheeler understands that IRC is in process of repairs and planned remediation activities to address any deficiencies. During the March 31, 2015 site visit, Mr. Smith observed the general investigative and data collection methods and procedures by the two onsite representatives (Derrick and Mel) of Engineering Systems Inc. (ESI) of Fort Myers, Florida, while they conducted assessments intended to identify evidence of water intrusion or microbial growth. Amec Foster Wheeler understands that ESI have been retained by an attorney representing the IRC firefighter's union to evaluate interior conditions at IRC Fire Stations 1, 7, 10 and 11. Mr. Smith observed ESI personnel to the extent possible while on site; and either made observations, collected samples or moisture measurements in all areas evaluated by ESI personnel. Mr. Mark E. Hill (Hurley, Rogner, Miller, Cox &Waranch P.A.), Mr. Brian Burkeen (IRC Assistant Fire Chief) accompanied Mr. Smith and provided additional information during the assessments. Note that ESI utilized Mycometer®and Bactiquant®test systems to evaluate fungal (mold) and bacterial contamination. These tests rely on detection of enzymes associated with the target• organisms to estimate fungal or bacterial biomass. While the technical basis of the Mycometer® method has been evaluated by the U.S. EPA; these tests are not accepted by the scientific community to be a surrogate for actual traditional analysis of fungi on surfaces and the interpretation guidelines associated with the Mycometer®have not been verified by any independent entity. Mycometer®and Bactiquant®are surface sampling techniques and suffer from the same limitations as all mold and bacterial surface sampling techniques. Specifically, these tests (and other surface tests for mold and bacteria) only indicate the presence or absence of materials (e.g. mold, fungi, bacteria, etc.) but provide no information on how or when those materials were deposited or where they originated. In addition, surface sample results provide no information regarding current or past airborne concentrations. For these reasons, surface samples (of all types) have limited utility in mold investigations and are generally used to confirm that a given material is actually mold growth. Surface sample results cannot be used to evaluate the potential for exposure to mold or mold spores. It is widely recognized that air samples, and not surface samples, are more relevant indicators of exposure to mold or other bioaerosols; however ESI did not collect any air samples during this site visit. 3 1 17 IR Thermography Amec Foster Wheeler utilized a Fluke TiR infrared (IR) camera to examine building materials for thermal gradients that could represent areas of possible excess moisture. Accessible building materials that appeared to be relatively cold in an IR image were assessed directly using a moisture meter and by manually examining materials. ' Moisture Testing Moisture content was measured in remaining gypsum wallboard (GWB) using a direct-reading moisture meter' and a non-penetrating moisture meter2. Moisture content readings were collected to identify building materials that contained sufficient moisture to support and amplify mold growth. The instruments used are designed for quantitative measurement of moisture content in wood, gypsum wallboard, plaster, and concrete. Wood with a moisture concentration of 20 percent or greater is considered "wet" and capable of supporting mold growth. Moisture content in gypsum wallboard is measured on a relative percent scale using the Delmhorst BD-2100. A moisture content of 0 to 0.4 percent is considered "dry,"0.5 to 0.9 percent is considered "borderline" and 1.0 percent and greater is considered "excess moisture" and capable of supporting mold growth. FINDINGS Visual Observations • Time Observation 8:39 AM Derrick from ESI, Mel from ESI arrive at 8:55.Also Assistant Chief Brian Burkeen, Mark Hill, Attorney, Beth Martin, opposing council. 9:00 Commence visual inspection, representative from newspaper with camera taking pictures. No mold odor detected on entry into fire station. 9:05 Attorney for union asked for ladder. Not available from County. 9:10 Ladder brought in by ESI. 9:11 Derrick takes photos and begins inspections. Inspecting furnace,filter photos. Did not observe SVG,just a little dust on furnace filters and a few spider webs. Dirt in furnace area. 9:20 Inspection by Derrick on-going, using flashlight,taking photos in kitchen and living room. 9:40 Mel brought out IR camera(Fluke model) 1 Delmhorst BD-2100. 2 Tramex Digital MRX. 5 18 Table 2 Swab Sample Results Sample Location Observed Mold Types Dorm W(IRC-1) Cladosporium—Light Growth Stachybotrys—Very Heavy Growth Dorm E (IRC-2) Cladosporium—Light Growth Ready Room A/C (IRC-3) Cladosporium—Moderate Growth Ready Room W(IRC-4) Cladosporium—Very Light Growth CONCLUSIONS Based on our visual observations and test results we offer the following conclusions: • Amec Foster Wheeler observed limited areas with Station 7 with water staining, water damage and limited areas of mold growth as confirmed by surface swab testing. Some issues in the building have been addressed as recommended in Amec Foster Wheeler's 2014 assessment report, and some remain to be completed. Amec Foster Wheeler understands that IRC is in the process of addressing remaining areas in need of repair or remediation. Assessment methods by ESI were generally observed to be typical of an engineering investigation. • As mentioned earlier, ESI utilized Mycometer e and Bactiquant®test methods. While the technical basis of the Mycometer® method has been evaluated by the U.S. EPA, these tests are not accepted by the scientific community to be a surrogate for actual traditional analysis of fungi on surfaces and the interpretation guidelines associated with the Mycometer®have not been verified by any independent entity. • Surface moisture levels in all areas evaluated show no elevated levels of surface moisture or other indications of active water intrusion. • Mold growth was observed in three localized areas: - 1 ft2 area on ceiling tile in dormitory (IRC-1); - Small area (<2 ft2) on return grill in Dormitory (IRC-2); - Small area (<2 ft2) on A/C return in Dormitory(IRC-3); and - Ceiling space adjacent to air supply in Ready Room with rust and slight mold growth (IRC-4). 7 19 practicing under similar conditions. The on-site tasks were performed by a CIH who is experienced in conducting mold, moisture, and indoor air quality assessments. The conclusions in this report are based on the observations and data obtained on March 31, 2015; our understanding of the information provided by Indian River County; and generally accepted industrial hygiene standards of care and regulatory requirements in Florida. The conclusions presented above apply to the site conditions existing at the time of the assessment. The reported information is believed to provide a reasonable representation of the general environmental conditions in the areas of assessment. It should be noted that the data presented herein were collected at specific locations, although the information may not be representative of all locations within the site building. 9 20 Photos Taken March 31, 2015 - i - I 4 } - - - - ! - i itii i 1I • " _ _ I ). v1 `'jai'_ ,.''e. 1 y, 1 f iic Figure 1-Derrick from ESI inspecting Figure 2-ST 7 Office Excess Figure 3-ST 7 water stain on HVAC return grille in Dorm moisture wood cove base ceiling i -- Figure 4-IRC 2-swab sample collected from Dorm Figure 5-IRC 3-swab sample collected from HVAC return air grille return in Dorm - 4 ! ; . - •-?' '~ Ate F ' ...�- .u..-_�� - *+ • - `s j ,�,t' l'... 1. tt . i ` l[ ° ' , # - — 4: � • ~' tis ^y� - - *, ` f. ti+7 ' • Figure 6-IRC 4-swab sample from Ready Room Figure 7-Mold growth on Dorm ceiling tile confirmed ceiling rust area w IRC-1 A-1 21 N�1X9 AppE to t-o°at1o� tn9 Samp 22 APPENDIX C Laboratory Report and Chain-of-Custody 23 EMLab P&K 1150 Bayhill Drive, Suite 100, San Bruno, CA 94066 (866) 888-6653 Fax(650) 829-5852 www.emlab.com Client: AMEC Foster Wheeler Environment& Date of Sampling: 03-31-2015 Infrastructure, Inc. : WA Date of Receipt: 04-03-2015 C/O: Mr. Michael Smith Date of Report: 04-06-2015 Re: 5915178810 DIRECT MICROSCOPIC EXAMINATION REPORT Location: IRC-1: IRC-2: IRC-3: Dorm W.#7 Dorm E.#7 Ready room AJC#7 Sample type: Swab sample Swab sample Swab sample LabID-Version$: 6167057-1 6167058-1 6167059-1 Analysis Date: 04/06/2015 04/06/2015 04/06/2015 MOLD/FUNGAL GROWTH*:Molds seen growing with underlying mycelial and/or sporulating structures Acremonium Alternaria Aureobasidium • Basidiospores Chaetomium Cladosporium 1+ 1+ 2+ Colorless spores typical of Penicillium/Aspergillus Fusarium Other colorless,ID unknown Stachybotrys 4+ Torula Ulocladium Miscellaneous spores** Very few Very few Very few Other commentst None None None Background debris or Descriptiontt Moderate Heavy Heavy General impression Mold growth Mold growth Mold growth *See Mold/Fungal Growth Details table on the last page. **See Miscellaneous Spores table on the last page. t Some comments may refer to the following:Most surfaces collect a mix of spores which are normally present in the outdoor environment.At times it is possible to note a skewing of the distribution of spore types,and also to note"marker"genera which may indicate indoor mold growth.Marker genera are those spore types which are present normally in very small numbers,but which multiply indoors when conditions are favorable for growth. tt Background debris is an indication of the amounts of non biological particulate matter present.This background amorphous material is graded and described as scant,light,moderate,heavy,or very heavy.(Very heavy background debris may obscure visibility.) Fungal types listed without a growth rating or data entry were not detected during the course of the analysis for the respective sample. Interpretation is left to the company and/or persons who conducted the field work. $A"Version"indicated by-"x"after the Lab ID#with a value greater than 1 indicates a sample with amended data. The revision number is reflected by the value of"x". The limit of detection is<1+when mold growth is detected. EMLab P&K,LLC EMLab ID: 1347001,Page 2 of 6 24 EMLab P&K 1150 Bayhill Drive, Suite 100, San Bruno, CA 94066 (866) 888-6653 Fax(650) 829-5852 www.emlab.com Client: AMEC Foster Wheeler Environment& Date of Sampling: 03-31-2015 Infrastructure, Inc. : WA Date of Receipt: 04-03-2015 C/O: Mr. Michael Smith Date of Report: 04-06-2015 Re: 5915178810 DIRECT MICROSCOPIC EXAMINATION REPORT Location: IRC-7: IRC-8: IRC-9: Office SW#1 Office N.#1 Batt chiel#1 Sample type: Swab sample Swab sample Swab sample LabID-Version$: 6167063-1 6167064-1 6167065-1 Analysis Date: 04/06/2015 04/06/2015 04/06/2015 MOLD/FUNGAL GROWTH*:Molds seen growing with underlying mycelial and/or sporulating structures Acremonium Alternaria Aureobasidium Basidiospores Chaetomium Cladosporium Colorless spores typical of Penicillium/Aspergillus Fusarium Other colorless,ID unknown Penicillium 4+ 4+ Penicillium/Aspergillus group 4+ Stachybotrys Torula Ulocladium Miscellaneous spores** Very few Very few Very few Other commentst None None None Background debris or Descriptiontt Moderate Moderate Moderate General impression Mold growth Mold growth Mold growth *See Mold/Fungal Growth Details table on the last page. **See Miscellaneous Spores table on the last page. t Some comments may refer to the following:Most surfaces collect a mix of spores which are normally present in the outdoor environment.At times it is possible to note a skewing of the distribution of spore types,and also to note"marker"genera which may indicate indoor mold growth.Marker genera are those spore types which are present normally in very small numbers,but which multiply indoors when conditions are favorable for growth. tt Background debris is an indication of the amounts of non biological particulate matter present.This background amorphous material is graded and described as scant,light,moderate,heavy,or very heavy.(Very heavy background debris may obscure visibility.) Fungal types listed without a growth rating or data entry were not detected during the course of the analysis for the respective sample. Interpretation is left to the company and/or persons who conducted the field work. $A"Version"indicated by-"x"after the Lab ID#with a value greater than 1 indicates a sample with amended data. The revision number is reflected by the value of"x". The limit of detection is<1+when mold growth is detected. EMLab P&K,LLC EMLab ID: 1347001,Page 4 of 6 25 EMLab P&K 1150 Bayhill Drive, Suite 100, San Bruno, CA 94066 (866) 888-6653 Fax(650) 829-5852 www.emlab.com Client: AMEC Foster Wheeler Environment& Date of Sampling: 03-31-2015 • Infrastructure, Inc. : WA Date of Receipt: 04-03-2015 C/O: Mr. Michael Smith Date of Report: 04-06-2015 Re: 5915178810 Mold/Fungal Growth Rating Details Growth Quantities of molds indicating growth are listed in the MOLD/FUNGAL GROWTH section.Judgement is used Rating in determining the amount of growth present in the sample.For example,if only one portion of the sample has evidence of heavy growth,then it will receive a rating of heavy growth even though,strictly speaking,on a percentage basis of the entire sample,the amount of growth is low. Swab/Tape/Dust/Wipe sample Bulk Sample < 1+ Evidence of very light growth observed on the sample Areas of very light growth detected by the presence of (Very as indicated by spores of one type seen with underlying spores of one type seen with underlying mycelial and/ 1 Light mycelial and/or with their sporulating structures found or with their sporulating structures in the bulk sample. Growth) in less than 10%of the microscopic fields examined. 1+ Evidence of light growth observed on the sample as Areas of light growth detected by the presence of (Light indicated by spores of one type seen with underlying spores of one type seen with underlying mycelial and/ Growth) mycelial and/or with their sporulating structures found or with their sporulating structures in the bulk sample. in 10 to 25%of the microscopic fields examined. 2+ Evidence of moderate growth observed on the sample Areas of moderate growth detected by the presence of (Moderate as indicated by spores of one type seen with underlying spores of one type seen with underlying mycelial and/ Growth) mycelial and/or with their sporulating structures found or with their sporulating structures in the bulk sample. in 26 to 50%of the microscopic fields examined. 3+ Evidencef heavy eagrowth observed on the sample as Areas of heavy p growth detected by the presence of (Heavy indicated by spores of one type seen with underlying spores of one type seen with underlying mycelial and/ Growth) mycelial and/or with their sporulating structures found or with their sporulating structures in the bulk sample. in 51 to 75%of the microscopic fields examined. 4+ Evidence of very heavy growth observed on the sample Areas of very heavy growth detected by the presence of (Very as indicated by spores of one type seen with underlying spores of one type seen with underlying mycelial and/ Heavy mycelial and/or with their sporulating structures found or with their sporulating structures in the bulk sample. Growth) to be nearly confluent in the majority of the microscopic fields examined. Miscellaneous Spores Slides/specimens are examined for the presence of mold spores and pollen,noting the quantities and distribution of spore types found.A designation of'normal trapping'is made when a mix of spore types is present with the same general distribution as is usually found outdoors.In other words,the biological component of the sample surface is like that found everywhere.Types of spores present would include basidiospores(mushroom spores),myxomycetes(slime molds),plant pathogens such as ascospores,rusts and smuts,and a mix of saprophytic genera with no particular spore type predominating.Many of these spore types would not be found growing indoors on building materials since many plant pathogens require living plants for growth, and mushrooms require compost,leaf duff of various types,or associations with roots of certain trees,etc.Due to these factors, when a mix of spores seen include these types as well as pollen,the rational source is the outside air,rather than indoor mold growth.The numbers of miscellaneous spores seen are graded and described as shown below as none,very few,few,variety,and wide variety. None Very Few Few Variety Wide Variety No spores detected Very few spores A few spores detected Many spores Many spores detected containing a variety of containing a wide different genera variety of different detected genera detected EMLab P&K,LLC EMLab ID: 1347001,Page 6 of 6 26 EMLab P&K 1150 Bayhill Drive, Suite 100, San Bruno, CA 94066 (866) 888-6653 Fax(650) 829-5852 www.emlab.com Client: AMEC Foster Wheeler Environment& Date of Sampling: 03-31-2015 Infrastructure,Inc. : WA Date of Receipt: 04-03-2015 C/O: Mr. Michael Smith Date of Report: 04-06-2015 Re: 5915178810 DIRECT MICROSCOPIC EXAMINATION REPORT Background Miscellaneous MOLD GROWTH: Molds seen Other General Debris and/or Spores Present* with underlying mycelial and/or Commentstt Impression Description sporulating structurest Lab ID-Version$: 6167057-1,Analysis Date: 04/06/2015: Swab sample IRC-1:Dorm W.#7 Moderate Very few 4+Stachybotrys species None Mold growth 1+Cladosporium species Lab ID-Version: 6167058-1,Analysis Date: 04/06/2015: Swab sample IRC-2: Dorm E. #7 Heavy Very few 1+Cladosporium species None Mold growth Lab ID-Version: 6167059-1,Analysis Date: 04/06/2015: Swab sample IRC-3: Ready room AJC#7 Heavy Very few 2+Cladosporium species None Mold growth Lab ID-Version: 6167060-1,Analysis Date: 04/06/2015: Swab sample IRC-4: Ready room W.#7 Heavy Very few < 1+Cladosporium species None Minimal mold growth Lab ID-Version: 6167061-1,Analysis Date:04/06/2015: Swab sample IRC-5: Ready room#1 Moderate Very few 4+Cladosporium species None Mold growth Lab ID-Version: 6167062-1,Analysis Date:04/06/2015: Swab sample IRC-6: Office S. #1 Moderate Very few < 1+Curvularia species None Minimal mold growth Lab ID-Version: 6167063-1,Analysis Date: 04/06/2015: Swab sample IRC-7: Office SW#1 Moderate Very few 4+Penicillium/Aspergillus group None Mold growth Lab ID-Version: 6167064-1,Analysis Date: 04/06/2015: Swab sample IRC-8: Office N.#1 Moderate Very few 4+Penicillium species None Mold growth Lab ID-Version: 6167065-1,Analysis Date: 04/06/2015: Swab sample IRC-9: Batt chiel#1 Moderate Very few 4+Penicillium species None Mold growth EMLab P&K,LLC EMLab ID: 1347001,Page 2 of 3 27 CHAIN OF CUSTODY 0 , EM Lab P&K Weather Fog Rain Snow Wind CAE REQUESTED SERVI 1111011111111,111111' www.EMLabl2KTos(Amorica Company com New 0 0 ID 0 (Use cheekbones toao A 001 34 7001 Unlit. a CI 0 0_ 0 iio-n1Culluiaht-T— -----Cullureble— PlawJarsey:;000 Uneorn OM East Sob A,Maraca,PLI OM'(MI emisa4 Moderate n..0 0 0 iepe _ Phoenix,Az 1501 West Knudsen drive,Phoenix,AZ$5027•000)851.4502 Hwy 0 1:1 0 0 Spore Swab •, .SiTrap Wain,Burk,DIA Sol,Corded Polon Bruno,CA:1150&OR Wm.B100,San Bruno,CA 24066•OM)5054053 SA ,..:-7. CONTACT INFORMATION rt., _ i _ 5"/P": At... oc r---elvecs...-hvnt„,, Addre3V/LW N. Cresk pi„,,, .N, IM(e_ i - Coined: K R ri•-i li-a, Special bistruelors: or/ ....____ g .g, R.,,....ar.,..,,,(,,, i i i -- j e....... ! •!. ! ,.4: : 1 te k.,.. .! PROJECT INFORMATION TURN AROUND TIME CODES(TAT) , .. fi 1 Prtlect la SR I.Siti_a510 STD-Standard(DEFAULT) Rushes received atter 2 glriAlt, 9 j Qs V G. . • ., a. Prolad pm or on onebonda.MO be l' i E 4,. :.-_-:7., 7--, cf,. 5 j ,. k• W. ND-Next Business Day DescdPSTr. .. , considered nseelyeal On 0. .e. ID 13 F g q -,1 'R i '-.1. . ' • Nod s,nifAing 1-3-.3 i,.i 5- SO-Same Bushes,Day Rush nuZutslijd:Y.PiNie IE A Zip Caw Dale&Time: of , g g -•= .0 1 E Y. 0 I ....____,—_—___ weekend analysts needs. g. PO Number ^II I 5 17s giro Sampler)By: 0LA, ice 5,..r.e4A WH_weekend mesdey "i . 5 4 .. - ikogij ,fil - a Semple ID DecoriP110° Semple Type ' TAT Total Volume/Area Wee 1 rikEll1 ; 4 1 11 gq i i l; &WA) Vilmvul ors aprilrobb) (Tirro of ear.renT,!,i.04 vi ts. J u 0 ...1 1-- 2 . ..c R .542e- I D a-,- tA/, 4'f 5 1.4.1 Sit) _____ CI 0 rib 000 OCIDEIDOO 0 000 Pt. . ' 0.-,,,-. 6, `4" 1 _____ Ti ID 110,00000o0bElTirdEif . 1 .F. U-- 3 _02em&e,_4.-4r=c.7 .. D. 0,110 DOCID 000000 LI 0 CIO -. , -8.-e2.1.. e e.d...d4,. 07-op,1 vil4t _ ... DCIIIIDDODC10000000 CI OD ,. .teC.:? P..,g ,..0..1 g..0, 44- ( ... . ______ __ _____ ._ 00 flo,000,00boocrt: ET OD il 001:10000000e0 1:1 DO ,vitcrl 0 c-‘1. .e. SW. 44- t OD II O'CICIDOCIODEICID 0 0 DO . . . _______ ,_17.C.-'6 0 F.'ce. _N__•_____, r - .._____ _ . ______ .._ DOsiCIDOODOCIDEIDO DO CIO 00E1000 DOD 00000 0 0 17] ,P1St.•I'0 0 A.et_ty. k_k_-__I OD 'IDOCIDDITD0000.0 CI CIO ______ .______ _ _ — — , 00000DOODC-5,CjECITIffI 0• 00 SAMPLE TYPE CODES RELINQUISHED BY ' DATE&TIME RECEIVED BY DATE&TIME . . BC-BreCassaila" ST-Spore Trap:2efort., T-Tam 1)-Dust -.. 1 'if AI S-Anderson Allergenco,Burkard_. SVi-Swab it)-Soil Ae JP- if"Z7/5 ,i . IP 4 SAC-.Surface Air Sunnier P-Poldblo Water B-Bulk CP-Genteel Plie ,.,. NP-Non•PoLahre Walre 0-Orhca: 5:50 By submitting tras Chain of Custody,you agree Y.bo bound by Ulu terms and ondlliosa set forth al Badjamggeol almboreakoms.tagl COpyright@ 2002-2013 ULM,PO( re 01112 Ri4 20eGgiteli1251133P411 I N Lan • t 28 4CYP 4 June 8, 2015 amen Project No. 5-915-17881-0 foster Indian River County Wheeler Risk Management Division 1800 27th Street Vero Beach, Florida 32960-0310 Attention: Ms. Beth Martin Risk Manager Phone: +1 (772) 567-8000 Ext 1287 Email: bmartin(a�ircgov.com Subject: Industrial Hygiene Assessment Indian River County Fire Station#10 1500 Old Dixie Highway Vero Beach, Florida Dear Ms. Martin: Amec'Foster Wheeler Environment& Infrastructure, Inc. (Amec Foster Wheeler) conducted an industrial hygiene site assessment, mold surface sampling, moisture testing and photo documentation while observing consultants reportedly retained by the Indian River County(IRC) firefighter's union (Engineering Systems, Inc. [ESI]), as requested by IRC Risk Management at Fire Station#10 in Fellsmere, Florida. The site assessment was performed by Mr. Michael Smith, Certified Industrial Hygienist (CIH) on April 1, 2015. Our field services for this limited assessment were conducted in general accordance with Amec Foster Wheeler Revised Proposal 91 P-22661, dated March 25, 2015. Amec Foster Wheeler appreciates the opportunity to have been of assistance to you on this project and is looking forward to working with you as your consultant in the future. If you have any questions concerning this report or if we can be of further service, please contact us. Respectfully, Amec Foster Wheeler Environment& Infrastructure, Inc. /1/14.4-4-r--49 5444;1' 494. till C James Kapin, CIH Michael Smith, CIH Ronald C. Trapane, MS, CIEC Senior Associate Industrial Senior Associate Florida Mold Assessor MRSA#2319 Hygienist Industrial Hygienist 75 East Amelia Street,Suite 200 Orlando,Florida 32801 USA Tel:+1 (407)522-7570 Fax:+1 (407)522-7576 www.amecfw.com 11SEA-FS1lwordProc\ProjectM17000s117881 Indian River County Mold\Station 1011RC Station 10 Mold Report 150608.docx . 29 Other recommendations included removal of water-stained or moisture impacted building materials, removal or cleaning of dirty HVAC units, improved housekeeping and an evaluation of the HVAC system. Amec Foster Wheeler understands that IRC is in process of repairs and planned remediation activities to address any deficiencies. During April 1, 2015 site visit, Mr. Smith observed the general investigative and data collection methods and procedures by the two on-site representatives (Derrick and Mel) of Engineering Systems Inc. (ESI) of Fort Myers, Florida, while they conducted assessments intended to identify evidence of water intrusion or microbial growth. Amec Foster Wheeler understands that ESI have been retained by an attorney representing the IRC firefighter's union to evaluate interior conditions at IRC Fire Stations 1, 7, 10 and 11. Mr. Smith observed ESI personnel to the extent possible while on site; and either made observations, collected samples or moisture measurements in all areas evaluated by ESI personnel. Mr.1 Mark E. Hill (Hurley, Rogner, Miller, Cox & Waranch P.A.), Mr. Brian Burkeen (IRC Assistant Fire Chief) accompanied Mr. Smith and provided additional information during the assessments. Note that ESI utilized Mycometer®and Bactiquant®test methods to evaluate fungal (mold) and bacterial contamination. These tests rely on detection of enzymes associated with the target organisms to estimate fungal or bacterial biomass. While the technical basis of the Mycometer® method has been evaluated by the U.S. EPA, these tests are not accepted by the scientific community to be a surrogate for actual traditional analysis of fungi on surfaces and the interpretation guidelines associated with the Mycometer®have not been verified by any independent entity. Mycometer®and Bactiquant®are surface sampling techniques and suffer from the same limitations as all mold and bacterial surface sampling techniques. Specifically, these tests (and other surface tests for mold and bacteria) only indicate the presence or absence of materials (e.g. mold, fungi, bacteria, etc.) but provide no information on how or when those materials were deposited or where they originated. In addition, surface sample results provide no information regarding current or past airborne concentrations. For these reasons, surface samples (of all types) have limited utility in mold investigations and are generally used to confirm that a given material is actually mold growth. Surface sample results cannot be used to evaluate the potential for exposure to mold or mold spores. It is widely recognized that air samples, and not surface samples, are more relevant indicators of exposure to mold or other bioaerosols; however ESI did not collect any air samples during this site visit. 3 30 • IR Thermography Amec Foster Wheeler utilized a Fluke TiR infrared (IR) camera to examine building materials for thermal gradients that could represent areas of possible excess moisture. Accessible building materials that appeared to be relatively cold in an IR image were assessed directly using a moisture meter and by manually examining materials. Moisture Testing Moisture content was measured in remaining gypsum wallboard (GWB) using a direct-reading moisture meter and a non-penetrating moisture meter2. Moisture content readings were collected to identify building materials that contained sufficient moisture to support and amplify mold growth. The instruments used are designed for quantitative measurement of moisture content in wood, gypsum wallboard, plaster, and concrete. Wood with a moisture concentration of 20 percent or greater is considered "wet"and capable of supporting mold growth. Moisture content in gypsum wallboard is measured on a relative percent scale using the Delmhorst BD-2100. A moisture content of 0 to 0.4 percent is considered "dry," 0.5 to 0.9 percent is considered "borderline" and 1.0 percent and greater is considered "excess moisture" and capable of supporting mold growth. FINDINGS Visual Observations Time Observation 2:05 pm Arrive on site 2:15 ESI on roof,taking photos. 2:25 ESI starts taking photos indoors. 2:46 Noted kitchen thermostat at 71 F. 2:48 ESI collected Mycometer sample from air supply diffuser. Appeared to be dirt, no SVG. Sampled bottom of metal ceiling grid frame adjacent to diffuser. 2:52 Kitchen—ESI removed grid and filter from air return at floor level—no SVG observed or water stains noted. 3:00 ESI collected sample from top of air supply diffuser(ceiling side). 3:07 ESI collected sample from framing of air intake noted at 2:52,from the surface facing the kitchen. 1 Delmhorst BD-2100. 2 Tramex Digital MRX. 5 31 Table 2 Swab Sample Results Sample Location Observed Mold Types Dorm (IRC-24) Penicillium—Heavy Growth Ready Room(IRC-25) Penicillium/Aspergillus—Very Light Growth BR#1 (IRC-26) Cladosporium—Very Heavy Growth CONCLUSIONS Based on our visual observations and test results we offer the following conclusions: • Amec Foster Wheeler observed limited areas with Station 10 with water staining, water damage and limited areas of mold growth as confirmed by surface swab testing. Some issues in the building have been addressed as recommended in Amec Foster Wheeler's 2014 assessment report, and some remain to be completed. Amec Foster Wheeler understands that IRC is in process of addressing remaining areas in need of repair or remediation. Assessment methods by ESI were generally observed to be typical of an engineering investigation. • As mentioned earlier, ESI utilized Mycometer li)and Bactiquant®test methods. While the technical basis of the Mycometer®method has been evaluated by the U.S. EPA, these tests are not accepted by the scientific community to be a surrogate for actual traditional analysis of fungi on surfaces and the interpretation guidelines associated with the Mycometer®have not been verified by any independent entity. • Surface moisture levels in all areas evaluated by either IR camera or moisture meter showed no elevated levels of surface moisture or other indications of active water intrusion. - Mold growth was observed in three localized areas: - Small (<1 ft2) area on ceiling tile in middle of Dorm area (IRC-24) - Wood cabinet under sink in Kitchen (IRC-25) - Slight SVG observed on ceiling GWB under peeling paint in shower, above shower head (IRC-26) Mold growth in each area was present on the surface of indicated building materials and was localized to relatively small areas. The observed mold growth was likely due to localized water intrusion 7 32 The conclusions in this report are based on the observations and data obtained on April 1, 2015; our understanding of the information provided by Indian River County; and generally accepted industrial hygiene standards of care and regulatory requirements in Florida. The conclusions presented above apply to the site conditions existing at the time of the assessment. The reported information is believed to provide a reasonable representation of the general environmental conditions in the areas of assessment.It should be noted that the data presented herein were collected at specific locations, although the information may not be representative of all locations within the site building. 9 33 Photos Taken April 1, 2015 y t♦ i Cy c�'fi R - - _t a �.rF s u GAJ { y`" �j,{.4 • y�.:.e `.. n. rfir �a >au.N t .- 4 it :'q. ei r > .4...".. ,ae.a�~ "4 t •4 ` ' x r' .rs w 'ryr 't>1r , ' l ...,.k"u$ ..._-ay.�,.i bh.l'dt Figure 1-Dorm ceiling showing rust Figure 2-ESI collecting sample Figure 3-IRC 25 swab sample under roof drain from drinking fountain collected under Kitchen sink x .... ',, -* 4 4' . r •-i,-1, €w • '-\\.: 41,:!-0,',4', 0.,..;:t.,' Rpt +e'S'"'a S-4,..1 3�'t 'Sr• , - - :v4,..4.•!'#,*" f - `-.,., ..1.,•%,A--•, o r - z:.r,,`:<1 ? r, -k%''-.14g-..-'''''{ ' Z� t 4 x„` .., i, -�..,a +,.. .# `+ 3k �-§' ( si, sF•tax s. % Fof Figure 4-Bathroom ceiling exhaust grid showing rust Figure 5-Dorm-water staining on ceiling tiles adj air from condensation supply • ' ..„....- , art rF • • ,, - . ,e-' •r."..*'''T 44*AR41."•7,-. ''' ''''''' '4 .' '- .r4'e' '` . . <4" .}., ,14.."0 * .1 :'•.• °' "" f Y t"t l 40 .f'r . •xx+ ftf43 ar • A ; �•."k 'L"�'' -. _.�':�. ` l � ' k ` k �F_. -fi y - , ,# e.;y. :N" a4a may `,.1.,. .Ni .. .m x ' '2 °SC rk9i .. ,t rka,,,;. - f n Figure 6- IRC 24 swab sample collected from SVG Figure 7,-Kitchen HVAC return, ESI removed grid to • on ceiling tile inspect filter. No SVG noted,just dust&dirt A-1 34 oca{\o��Yawin9 Samp\e� 35 APPENDIX C Laboratory Report and Chain-of-Custody • 36 EMLab P&K 1150 Bayhill Drive, Suite 100, San Bruno, CA 94066 (866) 888-6653 Fax(650) 829-5852 www.emlab.com Client: AMEC Foster Wheeler Environment& Date of Sampling: 04-01-2015 Infrastructure, Inc. : WA Date of Receipt: 04-03-2015 C/O: Mr. Michael Smith Date of Report: 04-06-2015 Re: 5915178810 DIRECT MICROSCOPIC EXAMINATION REPORT Location: IRC-20: IRC-21: IRC-22: Attic E.R.#11 Attic MR.#11 Dorm#11 Sample type: Swab sample Swab sample Swab sample LabID-Version$: 6167080-1 6167081-1 6167082-1 Analysis Date: 04/06/2015 04/06/2015 04/06/2015 MOLD/FUNGAL GROWTH*:Molds seen growing with underlying mycelial and/or sporulating structures Acremonium Altemaria Aureobasidium Basidiospores Chaetomium Cladosporium 1+ Colorless spores typical of Penicillium/Aspergillus Fusarium Other colorless,ID unknown Penicillium/Aspergillus group 3+ 2+ < 1+ Stachybotrys 4+ Torula Ulocladium Miscellaneous spores** Very few Very few Very few Other comments' None None None Background debris or Description ff Moderate Moderate Moderate General impression Mold growth Mold growth Mold growth *See Mold/Fungal Growth Details table on the last page. **See Miscellaneous Spores table on the last page. t Some comments may refer to the following:Most surfaces collect a mix of spores which are normally present in the outdoor environment.At times it is possible to note a skewing of the distribution of spore types,and also to note"marker"genera which may indicate indoor mold growth.Marker genera are those spore types which are present normally in very small numbers,but which multiply indoors when conditions are favorable for growth. f Background debris is an indication of the amounts of non biological particulate matter present.This background amorphous material is graded and described as scant,light,moderate,heavy,or very heavy.(Very heavy background debris may obscure visibility.) Fungal types listed without a growth rating or data entry were not detected during the course of the analysis for the respective sample. Interpretation is left to the company and/or persons who conducted the field work. $A"Version"indicated by-"x"after the Lab ID#with a value greater than 1 indicates a sample with amended data. The revision number is reflected by the value of"x". The limit of detection is<1+when mold growth is detected. EMLab P&K,LLC EMLab ID: 1346995,Page 2 of 5 37 EMLab P&K 1150 Bayhill Drive, Suite 100, San Bruno, CA 94066 (866) 888-6653 Fax(650) 829-5852 www.emlab.com Client: AMEC Foster Wheeler Environment& Date of Sampling: 04-01-2015 Infrastructure, Inc. : WA Date of Receipt: 04-03-2015 C/O: Mr. Michael Smith Date of Report: 04-06-2015 Re: 5915178810 DIRECT MICROSCOPIC EXAMINATION REPORT Location: IRC-26: BR#1-#10 Sample type: Swab sample Lab 1D-Version$: 6167086-1 Analysis Date: 04/06/2015 MOLD/FUNGAL GROWTH*:Molds seen growing with underlying mycelial and/or sporulating structures Acremonium Alternaria Aureobasidium Basidiospores Chaetomium Cladosporium 4+ Colorless spores typical of Penicillium/Aspergillus Fusarium Other colorless,ID unknown Stachybotrys Torula Ulocladium Miscellaneous spores** Very few Other commentst None Background debris or Descriptiontt Moderate General impression Mold growth *See Mold/Fungal Growth Details table on the last page. **See Miscellaneous Spores table on the last page. t Some comments may refer to the following:Most surfaces collect a mix of spores which are normally present in the outdoor environment.At times it is possible to note a skewing of the distribution of spore types,and also to note"marker"genera which may indicate indoor mold growth.Marker genera are those spore types which are present normally in very small numbers,but which multiply indoors when conditions are favorable for growth. tt Background debris is an indication of the amounts of non biological particulate matter present.This background amorphous material is graded and described as scant,light,moderate,heavy,or very heavy.(Very heavy background debris may obscure visibility.) Fungal types listed without a growth rating or data entry were not detected during the course of the analysis for the respective sample. Interpretation is left to the company and/or persons who conducted the field work. $A Version indicated by-"x"after the Lab ID#with a value greater than 1 indicates a sample with amended data. The revision number is reflected by the value of"x". The limit of detection is<1+when mold growth is detected. EMLab P&K,LLC EMLab ID: 1346995,Page 4 of 5 38 EM Lab P&K A TestAmerica Company Report for: Mr. Michael Smith AMEC Foster Wheeler Environment&Infrastructure, Inc. :WA 11810 North Creek Parkway North Bothell, WA 98011 Regarding: Project: 5915178810 EML ID: 1346995 Approved by: Dates of Analysis: Direct microscopic exam(Qualitative):04-06=2015 Ligt„. Technical Manager . Dr. Kamashwaran Ramanathan Service SOPs: Direct microscopic exam(Qualitative)(EM-MY-S-1039) AIHA-LAP, LLC accredited service, Lab ID#102856 All samples were received in acceptable condition unless noted in the Report Comments portion in the body of the report. Due to the nature of the analyses performed,field blank correction of results is not applied.The results relate only to the items tested. EMLab P&K("the Company")shall have no liability to the client or the client's customer with respect to decisions or recommendations made,actions taken or courses of conduct implemented by either the client or the client's customer as a result of or based upon the Test Results. In no event shall the Company be liable to the client with respect to the Test Results except for the Company's own willful misconduct or gross negligence nor shall the Company be liable for incidental or consequential damages or lost profits or revenues to the fullest extent such liability may be disclaimed by law,even if the Company has been advised of the possibility of such damages, lost profits or lost revenues. In no event shall the Company's liability with respect to the Test Results exceed the amount paid to the Company by the client therefor. EMLab P&K,LLC EMLab ID: 1346995, Page 1 of 2 39 nu rillumm CHAIN OF CUSTODY EM Lab P&K weather Rain Snow Wind Clear REQUESTED SERTIIC! I II��IW�I I�W muI� www.E M Lab PK.corn ATeetAmerice Company Nore— ❑ ❑ ❑ 0 (Use chedcboxesbelow) P y , Light _ ❑ 0 ❑ ❑ --. , 00134b995 � Nud:ulturabla CtlRureble • New Jersey:300G Chowan Drive East,Suite A,Marlton,NJ 0B053"(B86)8T1.1964 1i Moderate 0 0 0 0 Phoenix,AZ: West Knudsen drive,Phoenix,AZ 8ti027*(131101651,41302 Heavy ❑ ❑ ❑ ❑ Spero swab BOCesseseTM Andersen,SAS,Saab, Other Hagrmsls San Bruno,CA:115D Baykal Drive,4101 San Bruno,CA 940"06"{866)666-0853 Trap Dia Waley,Bulk,Dust,Sol,Contact Plates CONTACT INFORMATION Company. 74 MFG i c,sq4, Wear Mdress.t.{_Is.10 t!...t. Ass.-11. N. A g' '. tea , off 1._ _ m E. Yi Cmttad: M I (C—e... 5 r-ri A Special Instructions: i gt r Phone' ._..-----Z r.p 3.-4 DC7 r"KtC+C ire.Sv!•FS; Mr ke.S.S'eni e-ami ecga, 4 C :0 „ LI I g _LLTT�f PROJECT INFORMATION TURN AROUND TIME CODES(TAT) kt �' + + :� t i` Pmfect 1D: _._.5-r?l`—(-1 5"53 l c� STO-Standard(DEFAULT) - a .1E16 6i i B .F ;9t a Rushes received after2 I g o c r P e I. m G r i _Project _... pm or on weekends,ofr be R E v o .n Descripttoa: ND-Next Business Day considered*Mired tea c ; 3 u V " ' 4'0 g Project Sampling next business day.Please w N J = g ui •? g �+ h r-(CSD-Same Business Day Rush r 0 - H N Pi ri 0 W '• 1. Zip Code: Date 8 Tbna alert us in advance of w •`in .� PO Number, q-ci1517?gal O Sampled By.m1 i �n r WH-Weekend/Holiday Neekerrd amdysis needs. N. o i t' � / y 1 gg g g�g Q aG ' ' ai Ji G� � c�3g id •a 1 $ Sample ID Oescrlptlon Sample Type TAT Total Volume i Area Noyes ] I 14 V * e _, 5 2 .—__.-- (8 (Roam} Nr giplicabtli (lima d day.Temp.RH.ate) f, 'n 6 ^� tr2c72o ._t .1+3...5_.__ 64-.'4*- (( S CIO STD - CID Do❑D0D❑❑❑❑❑ ❑ ❑ ❑❑ _± c . ((0 ➢2.4 (c ❑❑ OD❑0❑O❑❑❑❑❑ ❑ ❑ CID 2c-z �, C I4 -f 1 • ❑❑ ❑ 000000ODOD 0 �i � ❑ ❑❑ \ 00 0E1,00000,00001:10 00 T-Ox-zR "A – 'f_ 00 44_3 .:._ o ❑ ❑ 000.0El❑❑_❑❑❑❑ ❑ ❑ ❑❑ 2&s:,2t c - 1 - Id 01:1 ❑ ❑❑❑G7OOO❑❑D ❑ ❑ ❑0 DODO ❑❑❑❑❑DDIJ00 ❑ ❑ DO _.._.. DODO ❑❑0❑❑D❑❑❑D CIO 0000000000000o DODO DD0000❑❑❑❑❑❑DD ❑ ❑ ❑❑ SAMPLE TYPE CODES RELINDIIIB ED BY MATE&TIME RECEIVED BY DATE&TIME BC-81nCassette°1 ST-StxrreTrap:Zelon, T-Tope D-Dust . tr vi-pi", MS-Anderson A119rgen5o,Burkard._ SW-Swab SO-Soil - N 9-.Z^i-5----. 42'5- SAS-Solace Air e ampler P•-Potable Water B-Bulk CP-Contact Plate NP-•Non-Potable Water 0-Other: By submitting this Chain of Custody,you agree to be bound by the terms and auditions set forth at htlo:7lwrm,emtab.comtshnaindaetviee(emts.htnd Copyright 02002.2013EMlabPSK ox.yrteaav,wa ederinen,eI,ds(V 40 C.444 June 8, 2015 amec Project No. 5-915-17881-0 foster Indian River County • wheeler Risk Management Division 1800 27th Street Vero Beach, Florida 32960-0310 Attention: Ms. Beth Martin Risk Manager Phone: +1 (772) 567-8000 Ext 1287 Email: bmartinircoov.com Subject: Industrial Hygiene Assessment Indian River County Fire Station#11 1500 Old Dixie Highway Vero Beach, Florida Dear Ms. Martin: Amec Foster Wheeler Environment& Infrastructure, Inc. (Amec Foster Wheeler) conducted an industrial hygiene site assessment, mold surface sampling, moisture testing and photo documentation while observing consultants reportedly retained by the Indian River County (IRC)firefighter's union (Engineering Systems, Inc. [ESI]), as requested by IRC Risk Management at Fire Station#11 in Wabasso, Florida.. The site assessment was performed by Mr. Michael Smith, Certified Industrial Hygienist(CIH) on April 1, 2015. Our field services for this limited assessment were conducted in general accordance with Amec Foster Wheeler Revised Proposal 91P-22661, dated March 25, 2015. Amec Foster Wheeler appreciates the opportunity to have been of assistance to you on this project and is looking forward to working with you as your consultant in the future. If you have any questions concerning this report or if we can be of further service, please contact us. Respectfully, Amec Foster Wheeler Environment & Infrastructure, Inc. //cot/.Lf James Kapin, CIH Michael Smith, CIH Ronald C. Trapane, MS, CIEC Senior Associate Industrial Senior Associate Florida Mold Assessor MRSA#2319 Hygienist Industrial Hygienist , 75 East Amelia Street,Suite 200 Orlando,Florida 32801 USA Tel:+1 (407)522-7570 Fax:+1 (407)522-7576 www.amecfw.com WSEA-FS1WVordProck Projects117000A17881 Indian River CountyWolrnSlation 11URC Station 11 Mold Report 150608.docx 41 housekeeping and an evaluation of the HVAC system. Amec Foster Wheeler understands that IRC is in process of repairs and planned remediation activities to address any deficiencies. During the April 1, 2015 site visit, Mr. Smith observed the general investigative and data collection methods and procedures by the two on-site representatives (Derrick and Mel) of Engineering Systems Inc. (ESI) of Fort Myers, Florida, while they conducted assessments intended to identify evidence of water intrusion or microbial growth. Amec Foster Wheeler understands that ESI have been retained by an attorney representing the IRC firefighter's union to evaluate interior conditions at IRC Fire Stations 1, 7, 10 and 11. Mr. Smith observed ESI personnel to the extent possible while on site; and either made observations, collected samples or moisture measurements in all areas evaluated by ESI personnel. Mr. Mark E. Hill (Hurley, Rogner, Miller, Cox &Waranch P.A.), Mr. Brian Burkeen (IRC Assistant Fire Chief) accompanied Mr. Smith and provided additional information during the assessments. Note that ESI utilized Mycometer®and Bactiquant®test systems to evaluate fungal (mold) and bacterial contamination. These tests rely on detection of enzymes associated with the target organisms to estimate fungal or bacterial biomass. While the technical basis of the Mycometer® method has been evaluated by the U.S. EPA, these tests are not accepted by the scientific community to be a surrogate for actual traditional analysis of fungi on surfaces and the interpretation guidelines associated with the Mycometer®have not been verified by any independent entity. Mycometer®and Bactiquant®are surface sampling techniques and suffer from the same limitations as all mold and bacterial surface sampling techniques. Specifically, these tests (and other surface tests for mold and bacteria) only indicate the presence or absence of materials (e.g. mold, fungi, bacteria, etc.) but provide no information on how or when those materials were deposited or where they originated. In addition, surface sample results provide no information regarding current or past airborne concentrations. For these reasons, surface samples (of all types) have limited utility in mold investigations and are generally used to confirm that a given material is actually mold growth. Surface sample results cannot be used to evaluate the potential for exposure to mold or mold spores. • It is widely recognized that air samples, and not surface samples, are more relevant indicators of exposure to mold or other bioaerosols; however ESI did not collect any air samples during this site visit. 3 42 IR Thermography Amec Foster Wheeler utilized a Fluke TiR infrared (IR) camera to examine building materials for thermal gradients that could represent areas of possible excess moisture. Accessible building materials that appeared to be relatively cold in an IR image were assessed directly using a moisture meter and by manually examining materials. Moisture Testing Moisture content was measured in remaining gypsum wallboard (GWB) using a direct-reading moisture meter' and a non-penetrating moisture meter2. Moisture content readings were collected to identify building materials that contained sufficient moisture to support and amplify mold growth. The instruments used are designed for quantitative measurement of moisture content in wood, gypsum wallboard, plaster, and concrete. Wood with a moisture concentration of 20 percent or greater is considered "wet" and capable of supporting mold growth. Moisture content in gypsum wallboard is measured on a relative percent scale using the Delmhorst BD-2100.A moisture content of 0 to 0.4 percent is considered"dry," 0.5 to 0.9 percent is considered "borderline" and 1.0 percent and greater is considered "excess moisture" and capable of supporting mold growth. FINDINGS Visual Observations Time Observation 9:41 am Assistant Chief Brian Burkeen indicates new roof was installed at Station 11 Oct. 2014. Some other repairs have been completed and others are scheduled. 9:47 Some cracks observed on exterior stucco and interior in apparatus bay. 9:56 Dormitory drop ceiling removed. Gypsum wallboard(GWB)ceiling appears new, unpainted w/ joint compound. 10:00 Bathrooms, Men's&Women's—part of sheet vinyl floor removed at showers,est. 3' x 2'area. 10:05 Entered south attic space-wood hatch ladder with slight suspect visible growth black dots but not suspect mold growth. 10:15 Observed SVG (<2 ft2)On GWB on attic floor and A/C unit over exercise room. 10:19 Roof sheeting,trusses appear new, no SVG or water damage observed. Fiberglass batt insulation over floor GWB. Overall attic space appeared clean&free of water damage. 1 Delmhorst BD-2100. 2 Tramex Digital MRX, 5 43 CONCLUSIONS Based on our visual observations and test results we offer the following conclusions: • Amec Foster Wheeler observed limited areas with Station 11 with water staining, water damage and limited areas of mold growth as confirmed by surface swab testing. Some issues in the building have been addressed as recommended in Amec Foster Wheeler's 2014 assessment report, and some remain to be completed. Amec Foster Wheeler understands that IRC is in process of addressing remaining areas in need of repair or remediation. Assessment methods by ESI were generally observed to be typical of an engineering investigation. • As mentioned earlier, ESI utilized Mycometer®and Bactiquant®test methods. While the technical basis of the Mycometer®method has been evaluated by the U.S. EPA, these tests are not accepted by the scientific community to be a surrogate for actual traditional analysis of fungi on surfaces and the interpretation guidelines associated with the Mycometer®have not been verified by any independent entity. • Surface moisture levels in all areas evaluated show no elevated levels of surface moisture or other indications of active water intrusion. • SVG of mold was observed in four localized areas: — Less than 2 ft2of SVG observed on GWB on attic floor and A/C unit over Exercise Room (sample IRC-20); — Slight SVG (& cobwebs) observed on NE corner on GWB south attic space(Sample IRC-21); — Approximately 1 —2 ft2 of SVG observed on GWB above false ceiling hallway on N. side of bldg. (Sample IRC-22); and — Approximately 1 —2 ft2 of SVG observed on GWB slightly above ceiling grid in hallway, north side of building (IRC-23). Mold growth in each area was present on the surface of indicated building materials and was localized to relatively small areas. The observed mold growth was likely due to localized water intrusion conditions and not related to systematic water intrusion or evidence of condensation. Substrate materials were intact and observed growth could be removed through standard mold remediation practices. 7 44 hygiene standards of care and regulatory requirements in Florida. The conclusions presented above apply to the site conditions existing at the time of the assessment. The reported information is believed to provide a reasonable representation of the general environmental conditions in the areas of assessment. It should be noted that the data presented herein were collected at specific locations, although the information may not be representative of all locations within the site building. 9 45 Photos Taken April 1, 2015 I"ticl, , ' -Nrrac?- i -,,,......., ,-.it:v.4 i4 � gyp-" 44 �� . s,�s 4 F ,. fid' , r , i .: , • • iit� H. t r �, .•''' :".*:4;::, '+ t . warm* w. 14 tS�„ 49A t L, -n Wdx ' '' b •z n A ,. it .,E,"' ., 5': ' Figure 1-ESI collecting Figure 2-ESI inspecting above Figure 3-GWB over Exercise Room Mycometer sample HVAC supply smoke alarm in ceiling cavity showing SVG SW Rec Room Hallway N. side of bldg.. ‘ '3w tr� - -- ----- - -- V4';''': ' 1 ft 7A-, ----/'y , , i _k #i 'c � t .y Y - _ ...-_ .....__ - ..--___ - Figure 4-ESI collecting sample NW corner of attic over Figure 5-ESI inspecting attic over Exercise Room Meeting Room , i RQ,aqy k S ' x - --. 4.. r.. 10 i i .,..,--..._,..,— • tk { Figure 6-Hallway N. side of bldg. showing water Figure 7-IRC 20 swab sample from attic GWB over staining and SVG Exercise Room A-1 46 1 cgion in9 Sample 4'1 APPENDIX C Laboratory Report and Chain-of-Custody 48 EMLab P&K 1150 Bayhill Drive, Suite 100, San Bruno, CA 94066 (866) 888-6653 Fax(650) 829-5852 www.emlab.com Client: AMEC Foster Wheeler Environment& Date of Sampling: 04-01-2015 Infrastructure, Inc. : WA Date of Receipt: 04-03-2015 C/O: Mr. Michael Smith Date of Report: 04-06-2015 Re: 5915178810 DIRECT MICROSCOPIC EXAMINATION REPORT Location: IRC-20: IRC-21: IRC-22: Attic E.R.#11 Attic MR.#11 Dorm#11 Sample type: Swab sample Swab sample Swab sample LabID-Version$: 6167080-1 6167081-1 6167082-1 Analysis Date: 04/06/2015 04/06/2015 04/06/2015 MOLD/FUNGAL GROWTH*:Molds seen growing with underlying mycelial and/or sporulating structures Acremonium Alternaria Aureobasidium Basidiospores Chaetomium Cladosporium 1+ Colorless spores typical of Penicillium/Aspergillus Fusarium Other colorless,ID unknown Penicillium/Aspergillus group 3+ 2+ < 1+ Stachybotrys 4+ Torula Ulocladium Miscellaneous spores** Very few Very few Very few Other commentst None None None Background debris or Descriptiontt Moderate Moderate Moderate General impression Mold growth Mold growth Mold growth See Mold/Fungal Growth Details table on the last page. **See Miscellaneous Spores table on the last page. t Some comments may refer to the following:Most surfaces collect a mix of spores which are normally present in the outdoor environment.At times it is possible to note a skewing of the distribution of spore types,and also to note"marker"genera which may indicate indoor mold growth.Marker genera are those spore types which are present normally in very small numbers,but which multiply indoors when conditions are favorable for growth. tt Background debris is an indication of the amounts of non biological particulate matter present.This background amorphous material is graded and described as scant,light,moderate,heavy,or very heavy.(Very heavy background debris may obscure visibility.) Fungal types listed without a growth rating or data entry were not detected during the course of the analysis for the respective sample. Interpretation is left to the company and/or persons who conducted the field work. $A"Version"indicated by-"x"after the Lab ID#with a value greater than 1 indicates a sample with amended data. The revision number is reflected by the value of"x". The limit of detection is< 1+when mold growth is detected. EMLab P&K,LLC -1 EMLab ID: 1346995,Page 2 of 5 49 EMLab P&K 1150 Bayhill Drive, Suite 100, San Bruno, CA 94066 (866) 888-6653 Fax(650) 829-5852 www.emlab.com Client: AMEC Foster Wheeler Environment& Date of Sampling: 04-01-2015 Infrastructure, Inc. : WA Date of Receipt: 04-03-2015 • C/O: Mr. Michael Smith Date of Report: 04-06-2015 Re: 5915178810 DIRECT MICROSCOPIC EXAMINATION REPORT Location: IRC-26: BR#1-#10 Sample type: Swab sample Lab ID-Version$: 6167086-1 Analysis Date: 04/06/2015 MOLD/FUNGAL GROWTH*:Molds seen growing with underlying mycelial and/or sporulating structures Acremonium Alternaria Aureobasidium Basidiospores Chaetomium Cladosporium 4+ Colorless spores typical of Penicillium/Aspergillus Fusarium Other colorless,ID unknown Stachybotrys Torula Ulocladium Miscellaneous spores** Very few Other commentst None Background debris or Descriptiont f Moderate General impression Mold growth *See Mold/Fungal Growth Details table on the last page. **See Miscellaneous Spores table on the last page. t Some comments may refer to the following:Most surfaces collect a mix of spores which are normally present in the outdoor environment.At times it is possible to note a skewing of the distribution of spore types,and also to note"marker"genera which may indicate indoor mold • growth.Marker genera are those spore types which are present normally in very small numbers,but which multiply indoors when conditions are favorable for growth. tt Background debris is an indication of.the amounts of non biological particulate matter present.This background amorphous material is graded and described as scant,light,moderate,heavy,or very heavy.(Very heavy background debris may obscure visibility.) Fungal types listed without a growth rating or data entry were not detected during the course of the analysis for the respective sample. Interpretation is left to the company and/or persons who conducted the field work. $A"Version"indicated by-"x"after the Lab ID#with a value greater than 1 indicates a sample with amended data. The revision number is reflected by the value of"x". The limit of detection is<1+when mold growth is detected. EMLab P&K,LLC EMLab ID: 1346995,Page 4 of 5 50 EMLabP&K A TestAmerica Company Report for: • Mr. Michael Smith AMEC Foster Wheeler Environment&Infrastructure, Inc. :WA 11810 North Creek Parkway North Bothell, WA 98011 Regarding: Project: 5915178810 EML ID: 1346995 Approved b : Dates of Analysis: PP Y Y Direct microscopic exam(Qualitative):04-06-2015 Technical Manager Dr. Kamashwaran Ramanathan Service SOPs: Direct microscopic exam(Qualitative)(EM-MY-S-1039) AIHA-LAP, LLC accredited service, Lab ID#102856 All samples were received in acceptable condition unless noted in the Report Comments portion in the body of the report. Due to the nature of the analyses performed,field blank correction of results is not applied.The results relate only to the items tested. EMLab P&K("the Company")shall have no liability to the client or the client's customer with respect to decisions or recommendations made, actions taken or courses of conduct implemented by either the client or the client's customer as a result of or based upon the Test Results. In no event shall the Company be liable to the client with respect to the Test Results except for the Company's own willful misconduct or gross negligence nor shall the Company be liable for incidental or consequential damages or lost profits or revenues to the fullest extent such liability may be disclaimed by law,even if the Company has been advised of the possibility of such damages, lost profits or lost revenues. In no event shall the Company's liability with respect to the Test Results exceed the amount paid to the Company by the client therefor. • EMLab P&K,LLC EMLab ID: 1346995, Page 1 of 2 51 CHAIN OF CUSTODY `' EM Lab P&K Weather Fog Rain S(CW Wind Clear REQUESTED SERVICE 11111111111E811,1111111 www.EMLabPK.com �I>• None— 0 ❑—❑ 0 (Use below =P A TeslAmerica Company ) 001346995 T, Light _ 0 ❑ ❑ ❑ ❑ Non-Culturable Crdturable -- New Jersey:3000 Lincoln Drive East,Suite A,Marlton,NJ 00053"(888)8T1.1984 + Nbderate 0 0 0 0 Tape Phoenix,AZ:1501 West Knudsen drive,Phoenix,AZ 86027"000I6514802 Neavy 0 0.._0S Swab BbCassecerr Andersen,SAS,&eel, Umar Raquosrs San Brno,CA: Bayh01 Drive,0103,San Bruno,CA 940"06"(866)8886453 Trap Ilia Water,Bulk,Oust Sod,Contact Pintas CONTACT INFORMATION Cemparir .A ni vG T----„,4er 1.tJ�i Oo 40r Address' ( '�I O.NJ L ffi E 6- Cantnct— ! f:-L. Special Instructions: Qt 2°�� +� u�35{ar f' do �. r�� /�y a3 1 k B g Phone. 42 s-.41,41,44 � f f@5vi+s; t.,rlce,S.S'.n.'f4 .o.�lac�w, yt s�. PROJECT INFORMATION TURN AROUND TIME CODES(TAT} `�~ w + + ro Project ID: -._._.. -91 l 5 fr-7 5 r !e7 STD-Standard(DEFAULT) sg g g 3 9 V g�Y- o 1 W Rushes received after o tr o S g , r a _ Project c? c? o ND-Ne%r Business pm won o9rbe ry W to q rn Oescripton: considered radioed the 3i + Y 1 ? " 1 • g, }•. a Project Sampling nort business day.Please e 4 .- N En g .Q n Zip Code: Date 8 Tim: q.-I—t. SD-Sarno&sinus Day Rush ti as $ N €t g - �i E i y '� E alenusinadvarfmat g w PO Number: qC Is i 7 g ail O Sampled By mike_�r 1a: WH-Weekend J Hulday weeloerd analysis needs. . e t t g i o g g a 13 i E Sangria ID Description Sample Type TAT Total Volume 1 Arta Noes P g ' V * ee+ a ry (Babset) (Agave) lac asipfcabls) (Tina M n7.7=1%RH,Me) u. tn' av a`, v L7 ..r r��- :S b' x'ac- — __•La. r( s,,...) 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"� ..... ..._�-._. sw-swab so-Soil So6 't4_ q_Z'��_._... .... .... ... . —' `6 CP-ConrtaoeAirSampler P-Potable Watere 0-•Bulk Cl3 CP-Contact Plate NP-•Non-Potable Water 0-Other: ` By submitting this Chain of Custody.you agree to be bound by the terms and=eons set forth et htlx/Avenvemleb.comIsfmeiniservicetemm.html Copyrights!)2002.2013 EMlab P81( use.area se.29 nr,eea:rrnaa Pace I,n r gn 52 ' I VERITOX REDMOND,WA • HILTON HEAD,SC • CAPE ELIZABETH, ME June 3,2015 Expert Report of Bruce J. Kelman,Ph.D., DABT, ATS, ERT I have been asked to provide an expert opinion as a toxicologist regarding human health effects from indoor exposure to bacteria, endotoxins,mold spores,and mycotoxins.I have extensive general knowledge in the field of toxicology and inhalation toxicology, and specific knowledge of the effects of mycotoxins from mold and endotoxins from bacteria in indoor environments. The following report outlines my relevant qualifications and opinions. I. Summary of Opinions Based on a review of the records provided to me in this matter and my general knowledge, training, and experience in the field of toxicology, and specific knowledge of the effects of bacteria and mold, as well as endotoxins from bacteria and mycotoxins from mold,I hold the following opinions: A. Mold and mold spores are ubiquitous and the construction and maintenance of a mold-free indoor environment is not possible. B. There are three principal, generally-recognized potential human health effects of mold: allergy, infection, and toxicity. C. The mere presence of any material, including mold, does not mean that exposure has occurred or will occur and does not allow conclusions as to the air concentration of material that would be associated with a given disease outcome. D. Only exposure to mold or mycotoxins at a sufficient dose can result in adverse health effects. E. The term"toxic mold"is without scientific meaning because mold is not inherently toxic. F. A temporal relationship alone cannot establish that exposure to mold spores at the Indian River County Fire Stations can cause illness. 18372 Redmond Way • Redmond,WA 98052 • Tel 425-556-5555 • Fax 425-556-5556 • www.veritox corn. 53 ',+ Page 12 I.L41 419 G. Mycotoxin testing in biological samples has not been shown to be useful,reflect exposures, or clinical presentations. H. Bacteria are ubiquitous and the construction and maintenance of a bacteria-free indoor environment is not possible. I. Adverse health effects could not reasonably be expected from exposure to bacteria and endotoxins at the Indian River County Fire Stations. J. Neither the ability to detect an odor nor the strength of an odor necessarily correlates to an environmental agent's ability or likelihood to cause irritation or health effects. II. Qualifications I am certified in toxicology by the American Board of Toxicology and the Academy of Toxicological Sciences, and am admitted to both the United Kingdom and EUROTOX registries as a European Registered Toxicologist. I was elected to the Board of Directors of the American Board of Toxicology(2011-2015) and am a member of Society of Toxicology, British Toxicology Society,American College of Occupational and Environmental Medicine, American College of Toxicology, and American Society of Pharmacology and Experimental Therapeutics. I received a Bachelor of Science degree in Physiology and Biophysics from the University of Illinois in 1969, a Master of Science degree and Ph.D. from the University of Illinois,Department of Physiology and Pharmacology, in 1971 and 1975 respectively. I also did a postdoctoral study in toxicology at the University of Tennessee from 1974 through 1976. Currently, I am a Principal of Veritox, Inc. I have attached a copy of my curriculum vitae to this report(Appendix A). III. Basis of Opinions The basis for my opinions includes my education, training in basic science, experience in toxicology in general and as specifically related to bacteria, endotoxins,mold spores, and mycotoxin exposure, review and analysis of published literature on the effects of mycotoxins and endotoxins on a broad range of mammalian species including humans, general knowledge of the adverse effects of chemicals on mammalian species including humans, and records reviewed in this case(Appendix B). IV. Background I have been asked to provide an expert opinion as a toxicologist regarding human health effects from indoor exposure to bacteria,endotoxins,mold spores, and mycotoxins. It is my understanding that there has been concern about occupational exposure to"mold and toxins"by the firefighters at the Indian River County fire stations,Vero Beach,Florida. It is my understanding that some individuals underwent"mycotoxin panel"testing that reportedly found mycotoxins in their urine samples. • 54 . i Page I3 040 • It is also my understanding that microbial inspections of the premises of Indian River County Fire Stations 1, 7, 10,and 11 have been conducted by several parties. In July 2014,AMEC Environment& Infrastructure,Inc. performed an indoor air quality assessment of the Indian River Fire Stations 1,.7, 10, and 11. AMEC collected spore trap air samples that were analyzed by EMSL Analytical, Inc. for fungal spores and particulates. Engineering Systems, Inc. conducted a microbial inspection of the premises of Fire Stations 1 and 7 on 3/31/15,and Fire Stations 10 and 11 on 4/1/15. Surface samples (culturable fungi and bacteria swab samples,non-cultured tape samples) and culturable bacteria water samples were collected. Mycometer testing for surface fungi and BactiQuant testing for surface bacteria were also used. The samples were analyzed by EMSL Analytical, Inc. Michael Smith, CIH, of AMEC Environment& Infrastructure, Inc. collected non-cultured swab samples from Fire Stations 1 and 7 on 3/31/15, and from Fire Stations 10 and 11 on 4/1/15.The samples were analyzed by EMLab P&K. V. Opinions Mold Spores and Mycotoxins A. Mold and mold spores are ubiquitous and the construction and maintenance of a mold-free indoor environment is not possible. Molds are part of the fungal kingdom,which comprises a diverse group of organisms that evolved over 400 million years ago. Fungi are major components of the world's ecosystem and it has been suggested that they make up 25% of the world's biomass (the percent of total living organisms). Mold and mold spores are everywhere around us and have always been a part of our environment. The air we breathe is a virtual jungle of fungal spores and we routinely encounter mold spores as part of everyday life both indoors and outdoors. Spore levels may vary seasonally but some spores are always present. The ubiquitous presence of mold in air and on building materials makes it impossible to construct or maintain a building that is mold-free using standard building design and construction techniques. Even if construction of a mold-free residential and office space were possible,the maintenance of a "mold-free"environment in a home or office under normal living conditions would be impossible, as many species of mold are naturally present on and in human bodies,potted plants,and foods such as fresh fruit and cheeses. Virtually all indoor environments contain some surface and airborne mold spores. The fungal composition of surfaces in the indoor environment is diverse. In a 2013 study of residential units of a university housing complex,the diverse fungal composition observed of the samples taken from indoor surfaces and the foreheads of the units' residents included Sherwood-Pike,M.A.and Gray,J.(1985). Silurian fungal remains: Probable records of the class Ascomycetes. Lethaia. 18: 1-20. 2 Miller,J.D.(1992).Fungi as contaminants in indoor air.Atmos Environ.26A(12):2163-2172.;Sorenson,W.G. (1999).Fungal spores:Hazardous to health?Environ Health Persp, 107 Suppl 3:469-472. 55 Page 14 Cladosporium, Cryptococcus, Penicillium, Exophiala, Candida, and Fusarium. The study also found many of the indoor fungi on the various surfaces in the homes were largely dominated by fungi common in outdoor air.3 The most significant source of mold spores indoors is the outdoor air.4 It is therefore certain that mold spores present inside an indoor environment were also present in outside air. The question is then whether or not there is an increased risk of adverse health effects due to mold levels inside the indoor environment as opposed to the levels of mold outdoors. Shelton et al. (2002)found that across the U.S.,median indoor fungal spore concentration was approximately 80 CFU/m3 with a range from zero to 10,000 CFU/m3. Indoor concentrations were highest in the Southwest, Far West, and Southeast, and lowest in the Northeast. Median outdoor fungal spore concentrations were highest in the fall and summer and lowest in the spring and winter. Indoor fungal spore concentrations varied in a similar manner.5 The ubiquitous presence of mold in air means that individuals are exposed to molds from outdoor air and mold spores in any buildings they occupy. Though mold spores are everywhere, the critical requirements for mold growth to occur include the presence of mold spores, a food source, and liquid moisture. If any of these requirements are absent, mold will not grow. Mold requires water to grow.Even if a mold spore lands on a wet spot and germinates,there would be no continued growth or development in the absence of a food source for energy and continued moisture. B. There are three principal,generally-recognized potential human health effects of mold: allergy,infection, and toxicity. There are three principal, generally-recognized potential human health effects of mold: (a) allergy,(b)infection, and (c)toxicity. One or more of these effects can contribute to a sensation of irritation,which some scientists classify as an additional effect. The Occupational Health and Safety Administration(OSHA)defines an irritant as a material causing"a reversible inflammatory effect on living tissue by chemical action at the site of contact.s6 Irritant effects are dose related,and the effects are transient, disappearing when the exposure has decreased or ceased. There are additional rare diseases caused by mold. To establish that mold growth in an indoor environment caused any claimed health effect in a particular person requires the following questions(criteria) be answered in the affirmative: (1) Were mold spores or mycotoxins present?(2)Are mold spores or mycotoxins in the indoor environment capable of causing the claimed adverse health effect? (3) Could the building occupants have been exposed to a sufficient dose of mycotoxin to cause the claimed 3 Adams,R.I.et al.(2013).The diversity and distribution of fungi on residential surfaces.PLoS One.8(11): e78866. 4 Solomon,W.R.(1975).Assessing fungal prevalence in domestic interiors.J Allergy Clin Immunol.56(3):235- 242. s Shelton,B.G.et al. (2002).Profiles of airborne fungi in buildings and outdoor environments in the United States.Appl Environ Microbiol.68(4): 1743-1753. 6 OSHA.(2015).Health Hazard Definitions(Mandatory). 1917.28 App A.Marine Terminal Operations.Subpart B.Marine Terminals.Accessed on:6/3/2015. 7 Bush,R.K.et al. (2006).The medical effects of mold exposure.Position paper of the American Academy of Allergy,Asthma and Immunology.J Allergy Clin Immunol. 117(2):326-333. 56 Page IS tt adverse effects? (4)Did the exposure to mold spores and mycotoxin occur before the onset of the building occupants' symptoms? (5) Are there alternative known causes of the claimed health effects? Signs and symptoms (such as those reported by the building occupants in the absence of medical tests and diagnostics, e.g. headaches, itchiness,watery eyes, stuffy nose, sinus congestion) cannot be used alone to establish exposure.8 a) Allergy Molds are common allergens. About 5%of individuals are expected to have some allergy related symptoms from molds over their lifetime.If an individual is allergic to a specific mold and is exposed to that specific mold,they may have an allergic response. Typical symptoms include sneezing, runny nose, irritation of the nose, mouth, or throat,red, itchy or watery eyes, or asthma symptoms, such as shortness of breath,wheezing,or cough.9 Allergic responses to inhaled mold antigens are a recognized factor in lower airway disease,that is, asthma, in sensitized individuals.10 The diagnosis of an environmental allergen can be confirmed by skin testing.t t Because mold spores are present in both indoor and outdoor environments, allergic responses can result from exposures to mold spores both indoors and/or outdoors. Although indoor fungal allergen exposure occurs, outdoor exposure is generally more relevant in terms of sensitization and effects.12 Importantly, allergy symptoms, such as those from"hay fever," do not persist after the exposure to the allergen ceases.Unless mold types to which an individual is allergic are present indoors at levels in the air substantially higher than outdoors, it is usually not possible to conclude that allergic symptoms are due to spores originating from an indoor source(as opposed to spores from outdoors). Moreover,an allergic reaction upon exposure to a specific mold must be viewed in the context of the other allergens and exposure which the individual is experiencing at the particular time, such as animals, house dust mites, pollen or other allergen,which could be present in the environment. b) Infection Fungi (a designation that includes molds) are rarely significant pathogens for humans with intact immune systems. Although some superficial fungal infections(e.g. ring worm or athlete's foot) occur in healthy persons,the fungi causing these infections are not generally classed as "typical molds."Due to the ubiquity of fungi in the environment,it is not possible to prevent immunocompromised individuals from being exposed to molds and fungi outside the confines of hospital isolation units.13 Individuals who are immunocompromised or have a Klaassen,C.D.(2013).Casarett and Doull's Toxicology:The Basic Science of Poisons, 8th ed.McGraw-Hill, New York.,p1392-1393. NIOSH.(2010).Indoor Environmental Quality.Dampness and Mold in Buildings.Accessed on:7/1/2010. 10 Bush,R.K.et al.(2006).loc. cit.;NIOSH.(2010)loc. cit. Austen,K.F.(2008).Allergies,anaphylaxis,and systemic mastocytosis.In(Fauci,A.S.et al.),Harrison's Principles of Internal Medicine, 17th McGraw Hill Medical,New York. 12 Bush,R.K.et al. (2006).Position paper--The medical effects of mold exposure.J Allergy Clin lmmunol. 117(2):326-333. 13 ACOEM.(2011).Adverse human health effects associated with molds in the indoor environment.Revised Position Statement.www.acoem.org.Accessed on:2/28/2011.;Bush,R.K.et al. (2006).loc. cit. 57 f�, •,�,� Page 6 weakened immune system are those who have an underlying immunologic defect induced by drugs,physical agents, infections,cancer,or autoimmunity that predisposes them to infection.14 Examples of persons with weakened immune systems include those with AIDS; cancer and transplant patients who are taking certain immunosuppressive drugs; and those with inherited diseases that affect the immune system(e.g.,congenital agammaglobulinemia, congenital IgA deficiency).15 The leading pathogenic fungi for persons with non-impaired immune function,Blastomyces, Coccidioides, Cryptococcus,and Histoplasma,may find their way indoors via outdoor air, but normally do not grow or propagate indoors.None of these fungi were identified in the environmental sampling conducted to date at the Indian River County Fire Stations. c) Toxicity Mycotoxins(mold-produced secondary metabolites) are natural products often produced in response to environmental stimuli only by specific groups of organisms and only during part of their life cycle.16 Mycotoxins are responsible for the toxic effects of mold. They can be injurious to people upon ingestion,inhalation, or dermal(skin) contact but only if the dose is sufficient to cause injury. Human toxicity from molds(mycotoxicoses) has been documented only following ingestion of molds and mycotoxin-contaminated food!' It is well known that the presence of mold does not mean mycotoxins are present. An exhaustive review of the scientific literature indicates there is agreement that mycotoxins are only sometimes produced by molds.l8 Thus, exposure to molds does not mean exposure to mycotoxins. Adverse effects of molds and mycotoxins have been recognized for centuries following ingestion of contaminated foods. Occupational diseases(such as Organic Toxic Dust Syndrome and Hypersensitivity Pneumonitis) are also recognized in association with inhalation exposure to very high concentrations of fungi, bacteria, and other organic matter, usually in industrial or agricultural settings (such as grain silos and industrial composting operations). 14 Stites,D.P. et al. (1994).Basic&Clinical Immunology,8th.Appleton&Lange,Norwalk,CT.,p.579 and 706. t5 Centers for Disease Control and Prevention.General Information for Immunocompromised Persons. Date last reviewed and updated: 3/20/15.Accessed at http://www.cdc.gov/parasites/crypto/gen_info/infect ic.html on 5/28/15. 16 Rao,C.Y.(2001).Chapter 46:Toxigenic fungi in the indoor environment.In(Spengler,J.D.et a1.),Indoor Air Quality Handbook McGraw Hill,New York,NY. 17 Council for Agricultural Science and Technology.(2003). Mycotoxins: Risks in Plant,Animal,and Human Systems,Task Force Report No. 139.Council for Agricultural Science and Technology(CAST),4420 West Lincoln Way,Ames,IA 50014-3447. 18 Burge,H.A.(2001).Chapter 45:The Fungi.In(Spengler,J.D.et al.),Indoor Air Quality Handbook McGraw Hill.;Dalcero,A.el al. (1989).Aflatoxins in sunflower seeds: influence of Alternaria alternata on aflatoxin production by Aspergillus parasiticus.Mycopathologia. 108(1):31-35.;Rao,C.Y.(2001).loc. cit.;Ren,P.et al. (1999).Comparative study of Aspergillus mycotoxin production on enriched media and construction material.J Ind Microbiol Biotechnol.21:209-213.;Tuomi,T.et al. (2000).Mycotoxins in crude building materials from water-damaged buildings.Appl Environ Microbiol.66(5): 1899-1904. 58 • Page 7 Toxicity from inhaled mold spores and particles in indoor environments is unlikely because spore concentrations that occur indoors are too low to produce a dose of mycotoxins sufficient to cause adverse health effects.19 There are many researchers and a great number of experts that draw the same conclusions and opinions from available data on mold and mycotoxin exposure in indoor environments and possible effects in humans. No learned body has concluded that exposure to mycotoxins in a residential, office, or school environment causes adverse effects in occupants.20 In fact,the American College of Occupational and Environmental Medicine (ACOEM)reported that"current scientific evidence does not support the existence of a causal relationship between inhaled mycotoxins in home, school,or office environments and adverse human health effects.s21 Most independent researchers have concluded that exposure to mycotoxins in residential, office,or school environments does not cause adverse effects in occupants.22 There is no scientific support for a claim that the Indian River County Fire Stations contained sufficient mold to cause toxicity, even if mycotoxins were present(and there is no evidence that they were). The levels of mold that were found have not been shown to be high enough to produce toxic effects due to inhaled or dermal contact with mycotoxins. Moreover, some of the mold observed during the inspections was located behind wallpaper. Thus,the pathway for a substantial amount of the mold spores to escape into the air is significantly obstructed, and therefore significant exposure by inhalation of airborne mold is unlikely. With any dust or chemical, exposure is necessary in order for an individual to receive a dose of the dust or chemical. In order for exposure to occur, there must be a pathway from 19 Kelman,B.J.et al. (2004).Risk from inhaled mycotoxins in indoor office and residential environments.Int J Toxicol.23(1):3-10. 20 ACOEM.(2011)toe. cit.;American Academy of Pediatrics and AAP.(2006).Policy Statement--Spectrum of Noninfectious Health Effects from Molds.Pediatrics. 118(6):2582-2586.;American College of Medical Toxicology.(2006).American College of Medical Toxicology comment--Institute of Medicine report on Damp Indoor Spaces and Health.Accessed on: 12/1/6 A.D.;Bush,R.K.et al. (2006).loc. cit.;Institute of Medicine and Committee on Damp Indoor Spaces and Health.(2004).Damp Indoor Spaces and Health.The National Academies Press,Washington,DC.;World Health Organization.(2009). WHO Guidelines for Indoor Air Quality: Dampness and Mould. WHO Regional Office for Europe,Copenhagen. 21 ACOEM.(2011)loc. cit. 22 Assoulin-Dayan,Y.et al. (2002). Studies of sick building syndrome.N.Mycotoxicosis.J Asthma.39(3): 191-201.;Bardana,E.J. (2003).Indoor air quality and health--Does fungal contamination play a significant role?Immunol Allergy Clin North Am.23(2):291-309.;Bennett,J.W.and Klich,M.(2003).Mycotoxins.Clin Microbiol Rev. 16(3):497-516.;Burge,H.A.(2001).Fungi:Toxic killers or unavoidable nuisances?Ann Allergy Asthma Immunol.(87):52-56.;Chapman,J.A.(2003).Stachybotrys chartarum(chartarum=atra= alternans)and other problems caused by allergenic fungi.Allergy Asthma Proc.24(1): 1-7.;Chapman,J.A.et al. (2003).Toxic mold:Phantom risk vs science.Ann Allergy Asthma Immunol.91(3): 222-232.;Fung,F.and Clark,R.F.(2004).Health effects of mycotoxins: A toxicological overview.J Toxicol Clin Toxicol.42(2):217- 234.;Fung,F.and Hughson,W.G.(2003).Health effects of indoor fungal bioaerosol exposure.Appl Occup Environ Hyg. 18(7): 535-544.;Gots,R.E.et al. (2003).Indoor health:Background levels of fungi.AIHAJ. 64(4):427-438.;Kuhn,D.M.and Ghannoum,M.A.(2003).Indoor mold,toxigenic fungi,and Stachybotrys chartarum:Infectious disease perspective.Clin Microbiol Rev. 16(1): 144-172.;Page,E.H.and Trout,D.B. (2001).The role of Stachybotrys mycotoxins in building-related illness.American Industrial Hygiene Association Journal.62(5): 644-648.;Robbins,C.A. et al. (2000).Health effects of mycotoxins in indoor air:A critical review.Appl Occup Environ Hyg. 15(10):773-784.;Terr,A.I.(2001).Stachybotrys:Relevance to human disease.Ann Allergy Asthma Immunol. 87(6 Suppl 3):57-63.;Terr,A.I.(2004).Are indoor molds causing a new disease?J Allergy Clin Immunol. 113(2):221-226. 59 L 4.4 Page 18 L „,,.i the source of the agent to the individual and the dust or chemical must be present in a form that can gain entry to the body. Mold particles,like other dust particles, are not capable of moving through solid objects. Exposure to mycotoxins also requires a physical pathway from the mold source to the individual's environment because mycotoxins are not volatile chemicals. This means that a gas or vapor of mycotoxins is not created. These compounds remain associated with dust or mold particles on surfaces and are not released into the air through evaporation under normal conditions.Also, mycotoxins may not be present at all since their production depends on environmental conditions such as food source,temperature, and moisture availability. Industrial hygiene sampling should be conducted in a way that is relevant to the exposure route for individuals in a particular environment. For molds in the indoor environment,the important exposure route(for mold dust and any mycotoxins contained in the dust)is inhalation.The industrial hygiene air sampling used to estimate the airborne concentrations of mold spores and mold particles is the spore trap(or non-viable or non-cultured)air sampling method. Dermal(skin) contact is possible but is of secondary importance because skin is an effective barrier against mold particles. Ingestion of a sufficient quantity of mold from air to cause adverse effects is highly unlikely in indoor environments. Thus, air samples are collected to estimate the potential inhalation exposure to mold particles. C. The mere presence of any material,including mold,does not mean that exposure has occurred or will occur and does not allow conclusions as to the air concentration of material that would be associated with a given disease outcome. Surface samples(culturable fungi and bacteria swab samples,non-cultured tape samples) were collected from the premises of Indian River County Fire Stations 1 and 7 on 3/31/15, and Fire Stations 10 and 11 on 4/1/15 by Engineering Systems, Inc. and AMEC Environment &Infrastructure, Inc. The mere presence of any material does not mean that exposure has occurred or will occur.23 The finding of visible mold cannot be used to implicate mold as a substantial factor contributing to the occupants' illness or complaints. It cannot be used as an estimator of actual exposure and does not allow conclusions as to the air concentration of material that would be associated with a given disease outcome.24 Due to variability in surface sampling results and poor correlations with inhalation exposure, surface concentrations of mold cannot be used to indicate unhealthy conditions 25 Results of surface mold sampling(such as swab samples and tape lifts)may indicate the presence of mold,but do not help to characterize the exposure of the building occupants. There is no way to predict what, if any, airborne concentration will result from surfaces found to have mold growth or settled mold spores(out of the air)on them.26 AIHA.(2004).Assessment,Remediation,and Post-Remediation Verification of Mold in Buildings.American Industrial Hygiene Association,Fairfax,VA. 24 Macher,J.et al. (1999).Bioaerosols:Assessment and Control.ACGIH,Cincinnati,OH. 25 Martyny,J.W.et al. (1999). Source sampling.In(Macher,J.),American Conference of Governmental Industrial Hygienists,Cincinnati,OH. 26 Macher,J.et al. (1999).loc. cit. 60 r.P`. ;. Page 19 4i. An exposure pathway to the building occupants must exist in order to establish whether or how much exposure has occurred. Dermal contact is of secondary importance because skin is an effective barrier against mold particles and mycotoxins??Molds do not have mechanisms that enable them to cross the intact skin. Similarly,while incidental ingestion of mold spores present on indoor surfaces may occur as a result of hand-to-mouth activity,it is nearly impossible to ingest a sufficient amount of mycotoxins from hand-to mouth activity after dermal contact to result in mycotoxicosis. Because inhalation is the most relevant route of exposure with mold spores,air samples are typically compared to background air mold spore levels(usually of outdoor air). If indoor air mold spore levels are not elevated compared to background levels, then there would not be an increased risk of adverse health effects from mold spores in the subject environment. The only air sampls at the Indian River County Fire Stations 1, 7, 10, and 11, were collected in July 2014 by AMEC Environment& Infrastructure, Inc. The samples were analyzed by EMSL Analytical,Inc. for fungal spores and particulates. The highest indoor concentration of mold spores reported from each fire station was lower than the respective highest outdoor concentration collected on the same day(Table 1). Outdoor Indoor Fire Station Highest Reported Highest Reported Concentration Location Concentration Location (spores/m') (spores/m') Exterior 1 15,374 administrative 220 Kitchen /office area 7 3,477 Rear of building'— . 270 Lounge/ready bay doors room 10 7,500 Exit off kitchen 327 Bunk 11 9,400 Front/main entry 1,790 Weight room Table 1: Highest indoor and outdoor concentrations of mold spores collected. D. Only exposure to mold or mycotoxins at a sufficient dose can result in adverse health effects. Mere exposure to an environmental agent(such as molds or mycotoxins) is not sufficient to cause an adverse health effect. There are exposures for all environmental agents at which no effect occurs. At higher exposures the environmental agent must be present at sufficient . concentrations for a sufficient amount of time to elicit an adverse response. In order for 27 Boonen,J.et al. (2012).Human skin penetration of selected model mycotoxins.Toxicology.301(1-3):21-32. 61 Page 110 yy, exposure to occur,there must be a pathway from the source of the agent to the individual and the substance must also be present in a form that can gain entry to the body.28 The spore concentrations measured in the Indian River County Fire Stations are below the airborne chemical intake level (this level is known as the concentration of no toxicological concern [CoNTC], calculated with a wide margin of safety)that is predicted to be without adverse human health effects assuming a person inhales chemicals at or below this concentration over the course of their 70-year life span. The CoNTC for human exposure has been calculated to be 30 ng/m3. In the case of mold with the highest measured mycotoxin concentration per spore(and shown to grow on building materials),this CoNTC corresponds to an airborne concentration of 30,000 spores/m3, regardless of the method used to measure the mycotoxin concentration. At this concentration,no adverse effect is expected from exposure regardless of what mycotoxin any of the spores in the air might contain.29 Since the airborne spore concentrations measured at the Fire Stations are far less than 30,000 spores/m3,no adverse effect or potential hazard is expected from mycotoxin exposure at the Fire Stations. E. The term "toxic mold" is without scientific meaning because mold is not inherently toxic. "Toxic mold"is an inherently meaningless term since all substances are harmful at sufficiently large doses and all substances are harmless at sufficiently small doses. Molds such as Aspergillus sp.,Penicillium sp.,Alternaria sp., and Stachybotrys sp. are not"toxic molds"since mycotoxins are not always present in these organisms. A review of the scientific literature indicates there is agreement that mycotoxins are only sometimes produced by molds30 and the productionof toxins by"many mold species is dependent on environmental growth conditions.31 The isolation of a toxigenic species does not substantiate the presence of mycotoxins.32 Mycotoxins are not volatile and do not evaporate from the mold spore or substrate particles.33 Also,.recent reviews of the literature find insufficient scientific evidence to support the claim that inhalation of mycotoxins causes human disease in indoor environments. Thus,there is no basis in the scientific literature to support the use of the term "toxic mold." 2e Klaassen,C.D.(2013).loc. cit.,p.10-12. 29 Hardin,B.D.et al. (2009).The Concentration of No Toxicologic Concern(CoNTC)and airborne mycotoxins. J Toxicol Environ Health A.72(9): 585-598. J0 Burge,H.A.(2001).Ioc. cit.;Rao,C.Y.(2001).Ioc. cit.;Tuomi,T. et al. (2000). loc. cit. Korpinen,E.L.and Uoti,J. (1974).Studies on Stachybotrys alternans.H.Occurrence,Morphology and Toxigenicity.Acta Pathologica,Microbiologica et Inununologica Scandinavica B.Microbiology and Immunology.82B: 1-6.;Ren,P.et al. (1999).loc. cit.;Wyllie,T.and Morehouse,L.(1977).Wyllie,T.D.and Morehouse,L.G.Mycotoxic fungi,mycotoxins,mycotoxicoses--An encyclopedic handbook.Marcel Dekker, New York 32 Tuomi,T.et al. (2000).loc. cit. "Schiefer,H.B.(1990).Mycotoxins in indoor air:A critical toxicological viewpoint.Proceedings of the Fifth International Conference on Indoor Air and Climate,Toronto,Canada.Indoor Air'90. 167-172.;World Health Organization.(1990). Selected Mycotoxins:Ochratoxins,Trichothecenes,Ergot,Environmental Health Criteria 105.WHO,Geneva,Switzerland. 62 t.;� ' ,ri Page 11 IC:40 A study that assessed surface samples collected from normal outdoor, recreational environments found potentially toxigenic fungi were present.34 Human toxicity from molds (mycotoxicoses)has been documented only following ingestion of molds and mycotoxin-contaminated food.35 There is no valid scientific evidence to support the claim that inhalation of mold spores cause toxicity or human disease in indoor environments. Stachybotrys chartarum is not correctly labeled by the media,lay public, and some members of the medical profession, as "toxic mold"associated with adverse health effect in humans. In fact,reviews of the literature find no valid scientific evidence to support the claim that inhalation of Stachybotrys spores cause of human disease in indoor environments, even in water-damaged buildings: • "Published reports fail to establish inhalation of Stachybotrys spores as a cause of human disease even in water-damaged buildings."36 • "The literature review indicates that currently there is inadequate evidence supporting a causal relationship between symptoms or illness among building occupants and exposure to mycotoxins."37 • "...the current literature does not provide compelling evidence that exposure at levels expected in most mold-contaminated indoor environments is likely to result in measurable health effects.s38 • "The reviews led CDC to conclude that a possible association between acute pulmonary hemorrhage/hemosiderosis in infants and exposure to molds, specifically Stachybotrys chartarum, commonly referred to by its synonym Stachybotrys atra,was not proven."39 F. A temporal relationship alone cannot establish that exposure to mold spores at the Indian River County Fire Stations can cause illness. A temporal relationship must exist for causation to exist. This means that for cause and effect to be related,the cause must happen before the effect does. If the exposure occurs after the disease develops, it cannot cause the disease. However,to correctly determine whether or not the alleged exposure is the cause of the individual's disease, one must also determine the exposure level and alternative potential causes. A pre-existing condition cannot be used to support a claim that an exposure to a chemical has caused a disease.Additionally,health signs and symptoms that occur after departure from the alleged exposure environment cannot be 34 Sudakin,D.L.and Fallah,P. (2008).Toxigenic fungi and mycotoxins in outdoor,recreational environments. Clin Toxicol. 16:738-744. 3s Council for Agricultural Science and Technology.(2003). loc. cit. 36 Terr,A.I.(2001). loc. cit. 37 Page,E.H.and Trout,D.B.(2001).loc. cit. 38 Robbins,C.A. et al. (2001).Mycotoxins in indoor environments.Indoor Air Quality Applications.Winter:9- 11. 39 CDC.(2000).Update: Pulmonary hemorrhage/hemosiderosis among infants--Cleveland,Ohio, 1993-1996. MMWRMorb Mortal Wkly Rep.49(9): 180-184. 63 001"10 Page 112 440 deemed to have been caused by exposure within that environment. Thus,it is generally accepted in the scientific community that a temporal relationship between exposure and subsequent disease alone is insufficient to show that exposure to a chemical has caused a disease. G. Mycotoxin testing in biological samples has not been shown to be useful,reflect exposures,or clinical presentations. It is my understanding that some individuals had their urine specimens analyzed for the presence of mycotoxins by Bio-Trek,National Treatment Centers for Environmental Disease, or North America Institute of Technology. The "presence"of aflatoxins, ochratoxin A,trichothecenes, and citrinin in the urine samples is toxicologically meaningless since mycotoxins are found in a number of foods and are present in everyone from dietary sources. Aflatoxins are found in peanuts,corn, almonds, and milk(only for aflatoxin M1).4° Ochratoxins are found in measurable quantities in maize, wheat, barley,and coffee beans and trichothecenes are found in corn and wheat.41 Wheat, oats, rye, corn, barely, and rice have been reported to contain citrinin.42 A February 2015 report from the Centers for Disease Control and Prevention(CDC)noted that urine mycotoxin tests have not been approved by the Food and Drug Administration (FDA)for accuracy,diagnostic purposes, or for clinical use. 43 These tests have not been shown to be useful,reflect exposures, or clinical presentations. It is important to note that laboratories with Clinical Laboratory Improvement Admendments (CLIA) certifications that offer mycotoxin testing does not mean the laboratory testing has any clinical validity. CDC does not recommend biologic testing of persons who work or live in water-damaged buildings and also does not recommend routine environmental sampling for mold.44 Bacteria and Endotoxins H. Bacteria are ubiquitous and the construction and maintenance of a bacteria-free indoor environment is not possible. Like mold, bacteria are ubiquitous in the environment. The types of bacteria found in the sampled Indian River County Fire Stations are the similar to those commonly found in the environment. 40 Food and Agriculture Organization.(2004),Food and Agriculture Organization.Worldwide Regulations for Mycotoxins in Food and Feed in 2003,FAO Food and Nutrition Papers-81,Rome,Italy. World Health Organization.(1990). /oc. cit. 42 Bennett,J.W.and Klich, M.(2003)./oc. cit. 43 Kawamoto,M. and Page,E.(2015).Use of invalidated urine rnycotoxin tests for the clinical diagnosis of illness- United States,2014.MMWR. 64(6): 157-158. 44 Kawamoto,M. and Page,E.(2015). /cc. cit. 64 Page X13 41`;' The bacterial population we harbor in and on our bodies is diverse and numerous(ten times the number of human cells in our bodies). For example, bacteria colonize our mouths, skin, and gastrointestinal tract.45 Bacteria found indoors come from both outdoor and indoor sources. Building occupants are a major source of bacteria since humans shed bacteria from their skin and respiratory system. For example,bacteria of human origin include gram-positive cocci.46 Similarly, Gram-negative bacteria are a natural part of the intestinal flora and can also be found in almost all natural habitats. Gram-negative bacteria are common in house dust, soil, and plants, and they are most likely carried indoors on pets and dust 47 Coliforms and other gram negative bacteria are commonly found on indoor surfaces. They may be more numerous on damp surfaces or objects (e.g., kitchen sponges,sink traps, showers,and dishcloths). A study of over 200 homes reported the findings of bacteria in the baths,basins, sinks,washing machines, nappy buckets, cleaning cloths, dishcloths, facecloths, floors,bathmats,and vegetable racks.48 Endotoxin refers to the toxin characteristic of the outer membrane of Gram-negative bacteria. Toxicity is primarily associated with Lipid A, the,lipid component of the lipopolysaccharides portion of bacteria 49 It is released when the bacteria die or the cell walls are damaged'.50 Endotoxins are ubiquitous in the environment; they are commonly found in indoor and outdoor air, water, soil, and food. Humans are exposed to endotoxin on a daily basis since it is a component of particulate matter in ambient air, in air and settled dust in homes, in office buildings, and in industrial and agricultural settings.st It is scientifically incorrect to suggest that the mere presence of bacteria creates a health risk. Instead, one must look at(a)the type of bacteria, (b)the method of transmission, (c) its quantity, and(d) its degree of potential harm. I. Adverse health effects could not reasonably be expected from exposure to bacteria and endotoxins at the Indian River County Fire Stations. Bacteria are most likely to cause infections or disease in immunocompromised individuals, and respiratory effects only occur at high exposure levels. The human body is colonized with numerous microbes. Commensal bacteria are part of the microbial flora in humans, such as on the skin and in the upper respiratory tract and gastrointestinal system.52 Human infections and disease can occur upon exposure to 45 Murray,P.R. et al. (2013).Chapter 2:Commensal and pathogenic microbial flora in humans.Medical Microbiology,7th ed.Saunders,Philadelphia. 46 Institute of Medicine and Committee on Damp Indoor Spaces and Health(2004).loc. cit. 47 Institute of Medicine and Committee on Damp Indoor Spaces and Health(2004).loc. cit. as Scott,E.et al. (1982).An Investigation of Microbial Contamination in the Home.Journal of Hygiene.89(2): 279-293. 49 Macher,J.et al. (1999).loc. cit. s°Institute of Medicine and Committee on Damp Indoor Spaces and Health(2004).loc. cit. S'Thome,P.S.and Duchaine,C.(2007).Chapter 78:Airborne bacteria and endotoxin.In(Hurst,C.J.et al.), Manual of Environmental Microbiology,3rd ed.ASM Press,Washington,D.C.p.989-1004. 52Murray,P.R.et al. (2013).loc. cit. p.6-10 65 < ;, r Page 114 opportunistic bacteria as a result of entry into the body by means of damage to tissues or organs,production and release of toxins, and the human host's compromised immune system.'3 Typically, the natural defense mechanisms and barriers of the human body, such as skin, mucus, ciliated epithelium,and secretions containing antibacterial substances, such as lysozymes and defensins,make it difficult for bacteria to gain entry into the body.Individuals with compromised immune systems, such as burn victims, cystic fibrosis patients, and patients with acquired immunodeficiency syndrome(AIDS)are more susceptible to infections by opportunistic bacteria.54 Respiratory effects(asthma, asthma-like syndrome,organic dust toxic syndrome, hypersensitivity pneumonitis)have been reported in workers exposed to high endotoxin exposures from working in livestock confinement, grain and cotton textile, sewage treatment plant, and compost industries.55 Endotoxin is a powerful, non-specific stimulant to the immune system,resulting in beneficial effects (e.g. reduced cancer risk and enhanced vaccine effectiveness) but also in adverse effects(e.g. potentially increased risk of hypersensitivity disease).56 These effects could not be reasonably expected from exposure via inhalation in an indoor environment; they have only been reported in individuals with exposures that are much higher than those in indoor environments. From a comprehensive review of the scientific literature on health effects from indoor exposure to mold,mycotoxin,bacteria, and endotoxins,the Institute of Medicine(IOM)and World Health Organization(WHO) concluded that there was not sufficient evidence to establish that any adverse health outcomes are caused by the presence of mold or other agents (including bacteria and endotoxins) in damp indoor environments.57 Odor J. Neither the ability to detect an odor nor the strength of an odor necessarily correlates to an environmental agent's ability or likelihood to cause irritation or health effects. What we experience'as the sense of smell is the result of the combination of two things: olfaction(the detection of odors) and chemosensation(the detection or sensation of chemical compounds). Olfaction allows us to distinguish the odor of a rose from that of a fish,whereas the general chemosense allows us to detect the sensation of cool menthol or stinging vinegar or burning ammonia. Olfaction is experienced through signals transmitted along the olfactory nerve to the brain;whereas the chemosense is experienced through signals transmitted along the trigeminal nerve. 53 Murray,P.R.et al. (2013).loc. cit. 54 Murray,P.R.et al. (2013).Chapter 14:Mechanisms of bacterial pathogenesis.Medical Microbiology,7th ed. Saunders,Philadelphia.p. 138-146. 55 Thorne,P.S.and Duchaine,C.(2007).loc. cit.p.992-995. 56 Milton,D.K.(1999).Chapter 23:Endotoxin and other bacterial cell-wall components.In(Mather,J.), Bioaerosols:Assessment and Control ACGIH,Cincinnati,OH.p.23-2 57 Institute of Medicine and Committee on Damp Indoor Spaces and Health(2004).loc. cit.;World Health Organization.(2009).loc. cit. 66 Page 115 Our 12 million"smell cells"and their many million more receptors allow us to discern some 10,000 scents.S5 Smell is difficult to research because any given odor may be made up of hundreds of different chemicals.59 Genes may control which smells we like and dislike.60 Olfactory abilities vary widely among individuals—some people can smell things when no one else can, some people don't notice unpleasant odor when most others do. Odors are usually described as pleasant or unpleasant,but this is influenced by the type of molecule that is present but also the subjective state when the odor is encountered. For example,food and cooking odors may be pleasant when you are hungry, but may be unpleasant when you have just had a large meal and feel very full. Odor threshold is inexact and varies by individual sensitivity. It is not uncommon for reported odor threshold values of some chemical compounds to range over three or four orders of magnitude. As an example,the reported odor threshold values for n-butyl alcohol range from 0.1 to 180 p.g/L.61 Factors that affect threshold measurement include differences in human olfactory response(which demonstrate high inter-individual variability), age and characteristics of volunteer,purity of the chemical compound,presence of other chemicals, as well as experimental methodologies.62 The strength of an odor is not directly correlated to its ability to induce health effects. As an example,the chemical most commonly used as a natural gas tracer,tertiary butyl mercaptan, has a very strong,objectionable odor yet does not cause toxicity at the concentrations associated with a leak. The pungent odor of this compound is evident at 0.00009 ppm,yet the inhalation LC50(the concentration of the chemical in air that kills 50%of the test animal,here, in rats) is 22,200 ppm,three hundred million times higher.63 Neither documented exposure nor odor detection necessarily dictates adverse responses to any chemical. The dose of a chemical determines whether that chemical is toxic or nontoxic.64 Microorganisms produce a wide range of alcohols, ketones, aldehydes,esters, carboxylic acids, lactones,terpenes, sulfur and nitrogen compounds, and aliphatic and aromatic hydrocarbons in their metabolism.65 Many factors influence microorganisms microbial 58 Marieb,E.N.and Hoehn,K.(2007).The special senses.Human Anatomy and Physiology,7th ed.Pearson Benjamin Cummings,San Francisco.; Shier,D. et al. (1999). Somatic and special senses.Hole's Human Anatomy and Physiology, 8th ed. WCB;McGraw-Hill,Boston. 59 Marieb,E.N.and Hoehn,K.(2007). loc. cit. 60 Shier,D.et al. (1999). loc. cit. 61 AIHA.(1989). Odor Thresholds for chemicals with established occupational health standards.ACGIH, Akron,OH.;US EPA.(1992). Reference guide to odor thresholds for hazardous air pollutants listed in the Clean Air Act Amendments of 1990,EPA/600/R-92/047.U.S.EPA,Washington,D.C. 62 AIHA.(1989)./oc. cit.;US EPA.(1992).loc. cit. 63 Fairchild,E.J.and Stokinger,H.E.(1958).Toxicologic studies on organic sulfur compounds.I.Acute toxicity of some aliphatic and aromatic thiols(mercaptans).American Industrial Hygiene Association Journal. 19(3): 171-189.;Wilby,F.V.(1969).Variation in recognition odor threshold of a panel.J Air Pollut Control Assoc. 19(2):96-100. 64 Montgomery,M.R.and Reasor,M.J.(1994).A Toxicologic Approach for Evaluating Cases of Sick Building Syndrome or Multiple Chemical Sensitivity.Journal of Allergy and Clinical Immunology.94(2):371-375. 65 Pasanen,A.L.et al. (1996).Volatile organic metabolites associated with some toxic fungi and their mycotoxins.Analyst. 121: 1949-1953. 67 Page 116 volatile organic compounds (MVOC)production, such as substrate,moisture conditions, temperature, oxygen concentration,age of the culture,and microbial species have been reported.66 The occurrence of MVOCs or odors is not a direct measure of the extent of microbial growth in a building because many factors affect indoor MVOC levels, as well as the occupants' susceptibility to odor. The odor thresholds vary from 10-7 to 101 ppm between individual MVOCs. Irritant effects are defined by dose,involve the mucus membranes of the eyes and upper and lower respiratory tracts, and are transient, disappearing when the exposure has decreased or ceased.68 The probability of irritating symptoms (i.e. irritation to the eyes, nose, and throat as well aseneral symptoms such as headache and dizziness)caused by microbial g contamination in buildings would increase considerably when concentrations of single VOCs are on the level of hundreds ofµg/m3 or mg/m3.69 However,there is a general lack of studies on dose-effect or dose-response relationships of irritation from single MVOC exposures and from MVOC mixtures.70 The concentrations of individual MVOCs in"problem"buildings have varied from a few ng/m3 to 1 mg/m3, and the same compounds have also been reported in"reference"areas and outdoor air. In general,the maximum reported levels of individual MVOCs are 0.1-10 1.tg/m3.71 Even if the presence of other MVOCs (and VOCs) in the air had a synergistic effect on the sensory irritation potency of individual MVOCs,MVOCs are not very important for indoor air problems. This conclusion is made because in general, exposure at indoor air concentrations is below levels needed for sensory irritation symptoms (i.e.eye and respiratory tract irritation)to occur in humans 72 The American Academy of Allergy, Asthma and Immunology concluded that"The occurrence of mold-related irritant effects from exposure to fungal irritants in nonoccupational settings are theoretically possible,although unlikely to occur in the general population given exposure and dose considerations."Furthermore,"Such irritant effects would produce transient symptoms-signs related to the mucus membranes of the eyes and upper and lower respiratory tracts but would not be expected to manifest in other organs or in a systemic fashion."73 VI. Conclusions Based on a review of the records provided to me in this matter and my general knowledge, training and experience in the field of toxicology, and specific knowledge of the effects of mold,mycotoxins, bacteria,and endotoxins,I opine that: 66 Korpi,A.et al.(2009).Microbial volatile organic compounds.Crit Rev Toxicol.39(2): 139-193. 67 Korpi,A.et al.(2009).loc. cit. 68 Bush,R.K.et al. (2006).loc. cit. 69 Pasanen,A.L.et al.(1998).Critical aspects on the significance of microbial volatile metabolites as indoor air pollutants.Environ Int.24(7):703-702. 70 Korpi,A.et al.(2009). loc. cit. 71 Korpi,A.et al. (2009).loc. cit. 72 Korpi,A.et al.(1999). Sensory Irritating Potency of Some Microbial Volatile Organic Compounds(MVOCs) and a Mixture of Five MVOCs.Arch Environ Health.54(5):347-352. 77 Bush,R.K.et al. (2006).loc. cit. 68 ",1Page X17 A. Mold and mold spores are ubiquitous and the construction and maintenance of a mold-free indoor environment is not possible. • B. There are three principal, generally-recognized potential human health effects of mold: allergy, infection, and toxicity. C. The mere presence of any material, including mold, does not mean that exposure has occurred or will occur and does not allow conclusions as to the air concentration of material that would be associated with a given disease outcome. D. Only exposure to mold or mycotoxins at a sufficient dose can result in adverse health effects. E. The term"toxic mold" is without scientific meaning because mold is not inherently toxic. F. A temporal relationship alone cannot establish that exposure to mold spores at the Indian River County Fire Stations can cause illness. G. Mycotoxin testing in biological samples has not been shown to be useful,reflect exposures, or clinical presentations. H. Bacteria are ubiquitous and the construction and maintenance of a bacteria-free indoor environment is not possible. I. Adverse health effects could not reasonably be expected from exposure to bacteria and endotoxins at the Indian River County Fire Stations. J. Neither the ability to detect an odor nor the strength of an odor necessarily correlates to an environmental agent's ability or likelihood to cause irritation or health effects. This report is based on the materials received and analyzed by us to date. Should additional information become available, I reserve the right to amend my opinions accordingly. Veritox®, Inc. Bruce J. Kelman, Ph.D., DABT, ATS, ERT Date 69 INDOOR ENVIRONMENTAL idehl HYGIENE LABORATORY June 3,2015 Expert Report of Payam Fallah Moghadam, Ph.D. I. Qualifications I received my Bachelor of Science in Agronomy from University of Delaware in 1990. I obtained a Master of Science in Plant Pathology from University of Illinois at Urbana-Champaign in 1993 and a Ph.D. in Mycology from the same institution in 1998. I was a Post-Doctoral Research Associate in mycology at the United States Department of Agriculture through Penn State University from 1999 to 2000. My education, training, and experience have focused on the fields of mycology,microbiology, fungal taxonomy and systematics, fungal ecology, fungal biology,aerobiology, and indoor air quality. I have been involved in the Indoor Air Quality(IAQ) industry for over 15 years. I have analyzed thousands of indoor/outdoor samples for fungi and/or molds from air and surfaces. In addition, I have evaluated and interpreted thousands of IAQ analytical data regarding fungi/mold and bacteria. I have authored more than 20 publications relating to plant pathology, mycology, mycotoxins, and IAQ. In addition,I have made numerous presentations to various organizations,all of which address fungi and/or molds, and bacteria. I am a member of American Industrial Hygiene Association(AIHA), Mycological Society of America(MSA), and International Society for Animal and Human Mycology(ISHAM). I currently serve on the board of American Industrial Hygiene Association,AIHA Environmental Microbiology Proficiency Testing(EMPAT). I am also an adjunct faculty at McCrone Research Institute, teaching advance identification of fungi in 18372 Redmond-Fall City Road • Redmond,WA 98052 • Tel 425-216-4536 • Fax 425-556-5556 • www.idehl,com 70 ,jl.{r /n2 �dehl culture as it pertains to indoor environments. Currently, I am the senior mycologist and laboratory director at Indoor Environmental Hygiene Laboratory (IDEHL). A copy of my curriculum vitae, including a list of all publications that I authored in the last 10 years, is attached to this report as Appendix A. II. Bases of Opinions I base my opinions in this report on my review of the case-specific materials (Appendix B); my training, education, and experience; and on research I have conducted and my publications. III. Background In July 2014, AMEC Environment&Infrastructure, Inc.performed site inspections and collected spore trap air samples at Indian River County Fire Stations 1, 7, 10,and 11. The samples were analyzed by EMSL Analytical, Inc. for fungal spores and particulates. On March 31, 2015,Engineering Systems, Inc. collected water samples for bacteria,fungi tape samples,and culturable fungi and bacteria swab samples from the surfaces of the Indian River County Fire Stations 1 and 7. Water samples for bacteria,fungi tape samples,and culturable fungi and bacteria swab samples were collected from Stations 10 and 11 on April 1, 2015. Samples were analyzed by EMSL Analytical, Inc. BactiQuant®-Surface and Mycometer®- Surface analyses were also performed on the samples collected from the four stations. Michael Smith of AMEC Environment&Infrastructure, Inc.collected non-culturable swab samples from Stations 1 and 7 on March 31, 2015, and from Stations 10 and 11 on April 1,2015. 71 iI .,,,4, 3 IV. Opinions 1. The presence of mold spores alone does not constitute mold growth. Moisture, as free liquid,can potentially cause microbial growth. In order to establish whether mold growth has occurred, one must test specifically for mold growth. While almost every indoor surface contain normal fall out of mold spores(microscopic offspring of fungi), the growth of these mold spores will not occur unless moisture is present. Mold growth is the presence of vegetative (hyphae) structures or spore producing structures with or without associated spores on a given surface. The presence of just mold spores alone does not constitute mold growth. Similar to presence of dandelion weed seeds on lawns versus the actual growth of the dandelion plants. The latter is what is generally unaccepted by people and it is equally true for molds as well. EMSL Analytical, Inc. reported the results of the tape samples collected by Engineering Systems, Inc. as categories of"count" of fungal spores, structures or hyphae per area analyzed. The results were not reported as"mold growth." 2. Investigation in indoor environments for mold growth requires both visual inspection of the suspected area and proper laboratory analyses. Indian River County Fire Stations 1, 7, 10,and 11 were inspected in July 2014 and March/April 2015 and microbial analyses performed by laboratories. The following laboratory analyses were performed for these fire stations: culturing of swab samples from surfaces for mold and bacteria,culturing of water samples for bacteria,tape samples for mold analysis, spore trap analysis of air, and the use of Mycometer testing for mold. Of the mentioned laboratory analyses,the only proper analysis that provides evidence that actual mold growth occurred is microscopic examination of tape lift samples and swab samples using direct microscopic examination 72 „Nu•„h4 4 , (DME)technique. DME analysis by EMSL Analytical, Inc. of the tape lift samples collected by Engineering Systems, Inc. (EMSL Analytical, Inc., Test Reports of Microscopic Examination of Fungal Spores,Fungal Structures, Hyphae, and Other Particulates from Tape Samples, analysis date April 17, 2015) and DME analysis by EMLab P&K of the swab samples collected by AMEC Environment& Infrastructure, Inc. (EMLab P&K, Direct Microscopic Examination Report, reports dated April 6,2015) show the growth of mold genera Stachybotrys, Cladosporium, and Penicillium. The growth of these mold genera indicates that sufficient moisture was present on the sampled surfaces and caused the actual growth. 3. Culturing of swab samples collected from surfaces is an incorrect way of establishing mold growth. Sampling of surfaces with swabs will pick up settled mold spores from all kinds of indoor and outdoor environments. The collected mold spores, if viable, will grow with the nutrients the Petri dishes provide. This does not mean that the presence of just mold spores is mold growth. The results from EMSL Analytical, Inc. for swab cultures(EMSL Analytical,Inc., Test Report of Identification and Enumeration of Culturable Fungi by Swab, Station 1,analysis date April 15, 2015)reported Aspergillus creber and Penicillium chrysogenum growth in Petri dish. The analytical technique does not indicate if these two species were actually growing on the sampled surfaces. Furthermore, culturing of swabs greatly exaggerates the results. It is well known that the process of culturing, and in particular the dilution process,has a disadvantage because of increase in bias associated with a dilution factor. When a sample is taken, it is often diluted in series to reduce overcrowding of Colony Forming Unit(CFU); therefore,a culture plate that has the lowest dilution(e.g. 1:10) will have the highest concentration of CFU and the plates that have highest dilutions(e.g. 1:10,000)will have the lowest concentration of CFU. The formation of only 34 colony counts will give 340,000 73 `tµ•Mrc 5 so;i colony forming units per swab because the actual raw counts have to be multiplied by the dilutions used, in this case 10,000 dilution. While this technique is generally used in microbiology (generally bacteria counts due to their exponential growth and extremely high numbers), one has to be very cautious interpreting the results. To a non-technical person,these huge numbers may cause fear that individuals may be exposed to extremely high levels when in reality that is not the case. The presence of mold on surfaces or the results of surface samples cannot be used to estimate air mold spores or estimate exposure via inhalation. Air sampling methods are used to estimate the airborne concentrations of mold spores and mold particles, that is,the relevant exposure pathway in humans to indoor mold is inhalation. The analyses of the spore trap air samples collected by AMEC in July 2014 and March/April 2015, analyzed by EMSL Analytical, Inc. and EMLab P&K,respectively(AMEC, Reports of Limited Inspections and Indoor Air Quality Assessment,Indian River County Fire Stations 1, 7, 10, and 11,reports dated September 10 and18,2014, with EMSL Analytical,Inc.test reports),clearly indicates that very little spores were aerosolized in the air when compared to the outdoor data. It is noteworthy to mention that the growth of actual mold, such as those reported here(e.g. Stachybotrys, Cladosporium,or Penicillium)on surfaces (EMLab P&K,Direct Microscopic Examination Reports, dated April 6, 2015), does not correlate with the amount of mold spores in the air. None of these molds forcibly discharges their spores into the air. They require wind or some mechanical disturbance to dislodge their spores and then may become airborne. In the case of Stachybotrys mold,the chances of spores becoming airborne are even much less, as this mold forms sticky masses of spores and are not air dispersed and may be insect or rain splash dispersed. 74 • ( > Wall) 4. Mycometer is not a scientifically accepted method as a surrogate for visual inspection of mold growth. Mycometer uses a chemical method to quantify fungal biomass based on production of beta-N-acetylhexosaminidase. The method supposedly measures both viable and non-viable spores,hyphae,and fungal particles like hyphal fragments on surfaces or air. This method is not accepted by the scientific community as a surrogate for visual inspection of the suspicious area or DME of samples under microscope. In fact, it erroneously undermines the well- established, simple,and low cost microscopic examination of mold growth. Reeslev et al. (2003)wrote the paper on quantifying mold biomass on gypsum board and concluded that while the test has a better correlation between biomass and production of beta-N-acetylhexosaminidase over ergosterol,the study failed to show direct biomass measurement from gypsum wallboard. Only in agar culture under artificial media they obtained good results (Reeslev, M.,Miller,M., and Nielsen,K. F. (2003). Quantifying Mold Biomass on Gypsum Board: Comparison of Ergosterol and Beta-N-Acetylhexosaminidase as Mold Biomass Parameters.Appl Environ Microbiol. 69(7),3996-3998). While the science behind biomass quantification is well understood and used by fungal ecologists worldwide in variety of outdoor environments, its application in indoor environments is flawed. The use of this method does not answer the critical questions of whether or not mold is growing on the surfaces, how widespread the mold is on a given surface, or what type of mold is present on the surface. The data produced by this methodology is not evaluated by indoor air quality professionals nor can they be compared to any nationally accepted standard and therefore is not reliable. 5. The mold species reported are not human pathogens. None of the mold species reported in the samples collected in July 2014 and March/April 2015 by Engineering Systems, Inc. and AMEC are human pathogens. Certain species may be opportunistic pathogens meaning they can 75 �vuuv, 7 ied cause illness in certain human population with underlying health conditions but do not affect healthy individuals. Generally, individuals are exposed through the air to a much higher levels of mold spores outdoors than indoors. 6. Culturing bacteria does not support a finding of a large amount of bacteria biomass or an amplification of bacteria on the surfaces. Unlike molds,bacteria species can grow exponentially in just a few hours. Heterotrophic bacteria include all bacteria that use organic nutrients for growth. They are present in all types of water,food,soil, air, or vegetation. For example, more than 30 genera of bacteria have been found in drinking water(Allen, M. J., Edberg, S. C., and Reasoner,D. J. (2004). Heterotrophic plate count bacteria-- what is their significance in drinking water?Int JFood Microbiol. 92(3),265- 274). Similar to swabs that were used to culture mold, culturing the swab for bacteria can even provide more exaggerated results than mold. Because the growth of bacteria is exponential, culture swabs can multiply exponentially from the time sampled to the time they arrive at the laboratory. In this case,there was about 7 to 8 days of delay. Even if bacteria sample were cultured right away,they would have produced large number of colony forming units due to the bias that exists with dilution factor as explained above for molds. The bacterial species identified in this case were mostly found in environments such as soil,air,and dirty surfaces and can easily be brought indoors by individuals from outside and accumulate over time on surfaces similar to the way mold spores accumulate on surfaces. The bacteria culture swabs reported in this case does not mean that there was large amount of bacteria biomass on the surfaces nor does it suggest that there was an amplification of bacteria on a given spot. V. Conclusion Based on a review of the case-specific materials provided to me to date, and my training, education and experience in the field of mycology, I hold the following opinions: 76 RallllAi-1.1� 8 idehl 1. The presence of mold spores alone does not constitute mold growth. 2. Investigation in indoor environments for mold growth requires both visual inspection of the suspected area and proper laboratory analyses. 3. Culturing of swab samples collected from surfaces is an incorrect way of establishing mold growth. 4. Mycometer is not a scientifically accepted method as a surrogate for visual inspection of mold growth. 5. The mold species reported are not human pathogens. 6. Culturing bacteria does not support a fmding of a large amount of bacteria biomass or an amplification of bacteria on the surfaces. These opinions are based on the materials received and analyzed to date. Should additional information become available,I reserve the right to amend and/or supplement my opinions accordingly. June 3,2015 Payam Fallah Moghadam,Ph.D. Date Laboratory Director & Senior Mycologist IDEHL® 77 wigtop Appendix A: CV of Payam Fallah Moghadam, Ph.D. 78 O`otsTAL•tiy.6. F += • idehi Payam Fallah Moghadam, Ph.D. Education B.S.,Agronomy,University of Delaware at Newark, 1990 M.S.,Plant Pathology,University of Illinois at Urbana-Champaign, 1993 Thesis: Epidemiology of Northern Leaf Blight and Inheritance of virulence in Exserohihnm turcicum. Ph.D.,Plant Biology,University of Illinois at Urbana-Champaign, 1998 Thesis: Ecology and Systematics of Freshwater Ascomycetes from North Temperate Lakes in Wisconsin. • Professional Affiliations Mycological Society of America International Association for Aerobiology Pan American Aerobiology Association American Industrial Hygiene Association International Society for Human and Animal Mycology Professional Experience 2006-Present Indoor Environmental Hygiene Laboratory Redmond,Washington Laboratory Director/Senior Mycologist 2000-2006 Environmental Microbiology Laboratory,Inc. San Diego,California Senior Mycologist/National Laboratory Manager 2000 P &K Microbiology Laboratory Cherry Hill,New Jersey Mycologist 1999-2000 Systematic Botany and Mycology Laboratory,USDA,ARS Beltsville,Maryland Post-doctoral Research Associate 1993—1998 Department of Plant Biology Graduate Research Assistant 1990—1993 University of Illinois at Urbana-Champaign Urbana,Illinois Department of Plant Pathology Graduate Research Assistant Teaching Experience Adjunct Faculty McCrone Research Institute Department of Plant Biology University of Illinois at Urbana-Champaign Graduate Teaching Assistant Department of Plant Pathology University of Illinois at Urbana-Champaign Graduate Teaching Assistant 79 Payam Fallah Moghadam, Ph.D. Honors and Awards Nominated in the list of best teaching assistants in the School of Life Sciences, University of Illinois at Urbana- Champaign:Plant Biology. Best of Session Poster: S.Thiagrajan,P.Fallah, S.Dietrich,J. Gallup. 2005. Recovery of Surface Viable Mold from indoor environment using Different Culture Media.AtHce,Anaheim,CA(Abstract) Professional Training 1998 Ascomycete workshop,San Juan,Puerto Rico 2000 Penicillium workshop,New Orleans,Louisiana 2002 Mastering Mold and Mycotoxins,Salt Lake City,Utah 2003 Building Science,San Diego,California 2002 Wood Mold Seminar,San Diego,California Other Activities AIHA EMPAT Board Member 2013-present Serving in publication committee for American Industrial Hygiene Association.2007-2013 Radio interview on significant of freshwater ascomycetes in our environment with WXPR, 91.7 FM, Rhinelander, Wisconsin, 1998. Graduate Student Teaching Committee,Department of Plant Pathology,University of Illinois at Urbana-Champaign, Spring of 1992. Past President,University of Illinois at Urbana-Champaign Plant Pathology Graduate Student Association, 1991-1992. Alexander Smith Mycological Forays,Palisade National Park,Wisconsin, 1992, 1993. Peck Foray,Syracuse,New York, 1999. Technical Expertise Scanning electron microscopy Digital data capturing and image analysis Statistical design and analysis of experiments Photographic developing and printing Isolation and identification of microfungi Fungal DNA extractions Polymerase Chain Reaction(PCR) PEER REVIEWED PUBLICATIONS Valverde,M.E., P.M. Fallah, M.S.Zavala-Gallardo, J.K.Pataky. O. Paredes-Lopez,and W.L. Pedersen. 1993. Yield and quality of huitlacoche on sweet corn inoculated with Ustilago maedis(DC)Corda. HortScience 28:782-785. Fallah,P.M.,and J.K.Pataky. 1994. Reactions of isolates from matings of races 1 and 23N of Exserohilum turcicum. Plant Disease 78:767-771. Baird,R.E.,C.Nankam,P.M.Fallah,and J.K.Pataky. 1994. Evaluation of seed treatments on shrunken-2 sweet corn. Plant Disease 78:817-821. Pataky,J.K,J.A Hawk,T. Weldekidan, and P.M. Fallah. 1995. Incidence and severity of Stewart's bacterial wilt on sequential plantings of resistant and susceptible sweet corn hybrids.Plant Disease 79:1202-1207. Fallah, P.M.,C.A. Shearer, and W. Chen. 1997. Ascovaginospora stellipala, gen. et sp. nov. from sphagnum bogs. Mycologia 89:812-818. 0444 80 Payam Fallah Moghadam, Ph.D. PEER REVIEWED PUBLICATIONS (continued) • Fallah, P.M. and C.A. Shearer. 1998. Freshwater Ascomycetes: Macrospora typhicola (Pleosporales) revisited. Mycotaxon 67:85-94. Fallah, P.M. and C.A. Shearer. 1998. Freshwater Ascomycetes: Phomatospora spp. from lakes in Wisconsin. Mycologia 90:323-329. Fallah, P.M., C.A. Shearer, and J.L. Crane. 1998. Freshwater Ascomycetes: Phaeosphaeria barriae sp. nov. from lakes in Wisconsin. Mycologia 90:1075-1078. Fallah, P.M.,J.L. Crane, and C.A. Shearer. 1999. Freshwater Ascomycetes: two new species of Ascotaiwania from North America. Canad.J.Bot. 77:87-92. Fallah,P.M.,A.Leuchtmann,and C.A. Shearer. 1999. Phaeosphaeria vilasensis(Pleosporales),a new species from a lake in Wisconsin. Nova Hedwigia 68:399-404. Fallah, P.M. and C.A. Shearer. 2001. New and noteworthy species from north temperate lakes in Wisconsin. Mycologia 93:566-602. Campbell, J., C.A. Shearer, J.L. Crane, and P.M. Fallah. 2003. A reassessment of two freshwater ascomycetes, Ceriospora caudae-suis and Submersisphaeria aquatica. Mycologia 95:41-53. Bingsheng, L., I.S. Druzhinina, P.M. Fallah, P. Chaverri, C. Gradinger, C.P. Kubicek, and G.J. Samuels. 2004. Hypocrea/ Trichodernia species with pachybasium-like conidiophores: teleomorphs for T. minutisporum and T. polysporum,and their newly discovered relatives.Mycologia 96:310-342. Irina S. Druzhinina, Priscila Chaverri, Payam Fallah, Christian P. Kubicek and Ga J. Samuels. Hypocrea Y Gary YP flaviconidia,a new species from Costa Rica with yellow conidia.2004. Studies in Mycology 50:401-407. Krause,M.,W. Geer,L. Swenson,P.Fallah, and C. Robbins.2006. A controlled study of mold growth and cleaning procedure on treated and untreated wet gypsum wallboard in an indoor environment. Journal of Occupational and Environmental Hygiene 3:435-441. Sudakin D and Fallah P. 2008. Toxigenic fungi and mycotoxins in outdoor, recreational environments. Clinical Toxicology.46:738-744. Hardin, B.D., Robbins, C.A., Fallah, P. and Kelman, B.J. 2009. The Concentration of No Toxicologic Concern (CoNTC)and Airborne Mycotoxins.Journal of Toxicology and Environmental Health. 72:585-598. NON-PEER REVIEWED PUBLICATIONS Fallah,P.M.,J.A.Hawk,and J.K.Pataky. 1990. Development of Stewart's wilt on sequential plantings of sweet corn. Phytopathology 80:1063.(Abstract) Pataky,J.K,P.M. Fallah, and J.W. Gantz. 1990. Illinois sweet corn hybrid disease nursery- 1990.Pg. 1170-179,In: Midwestern Vegetable Variety Trial Report for 1990. Purdue University,AES Bull.No.600. Pataky,J.K.,P.M.Fallah, A.C. Meyer, and J.W. Gantz. 1991. Illinois sweet corn hybrid disease nursery- 1991. Pg. 157-163,In:Midwestern Vegetable Variety Trial Report for 1991. Purdue University,AES Bull.No.627. Pataky,J.K.,P.M.Fallah,C.Nankam,A.C.Meyer,and J.W.Gantz. 1992. Illinois sweet corn hybrid disease nursery- 1992.Pg. 132-139,In:Midwestern Vegetable Variety Trial Report for 1992. Purdue University,AES Bull.No. 651. 04!14 81 Payam Fallah Moghadam, Ph.D. NON-PEER REVIEWED PUBLICATIONS (continued) Pataky,J.K.,C.Nankam,M.R. Kerns,P.M.Fallah, and J.W. Gantz. 1993. Sweet corn hybrid disease nursery- 1993. Pg. 156-166,In: Midwestern Vegetable Variety Trial Report for 1993. Purdue University,AES Bull.No.680. Baird, R.E., C. Nankam, P.M. Fallah, and J.K. Pataky. 1994. Evaluation of selected seed treatments for sh2 sweet corn. Phytopathology 84:1078. (Abstract) Fallah,P.M. and C.A. Shearer. 2001.Ascomycetes from north temperate lakes and bogs in Wisconsin.Inoculum 52: 34.(Abstract) Fallah,P.M,J.M. Gallup, and D. Spero. 2003. Microfungi from indoor environments(poster). Mycological Society Association Annual Meeting,Asilomar,CA. Fallah,P.M.,H.A.Burge, and J.M.Gallup.2004.Exposure Potential of Other Common Penicillium Species in Indoor Environments. American Academy of Asthma,Allergy,and Immunology Conference,San Francisco,CA. Thiagarajan, S., P.Fallah, H. Burge, and J. Gallup. 2005. Distribution of Various Fungi reported on Different Indoor Substrates.AIHce,Anaheim,CA(Abstract) Thiagrajan, S., P. Fallah., S. Dietrich, and J. Gallup. 2005. Recovery of Surface Viable Mold from indoor environment using Different Culture Media.AIHce,•Anaheim,CA(Abstract) Rottersman,R., G. Crawford,and P.Fallah. 2006. Comparison of Analytical Methods for Evaluating Mold in Carpet Dust.AIHce,Chicago,IL. Fallah,P. 2006. Laboratory Techniques in Indoor Air Quality: Spore Trap Analysis.Northwest Occupational Health Conference,Wenatchee,WA. Sudakin, D. and P. Fallah. 2007. Toxigenic Fungi and Mycotoxins in Outdoor, Recreational Environments. North American Congress of Clinical Toxicology,New Orleans,LA(Abstract) Fallah, P., C. Robbins, M. Krause, and B. Geer. 2007. Generic Distinction Between Aspergillus and Penicillitnn on Spore Trap Air Samples.AIHCE,Philadelphia,PA(Abstract) Fallah,P.,Robbins, C.,Kelman,B, and Krause,M. 2007. Changes in indoor air and carpet mold spore concentration due to commonly moldy household objects.Northwest Occupational Health Conference,Seaside,Oregon. Fallah,P. 2010. Microbial sampling, analysis and interpretation...When to do it&what to look for: Mold, Sewage, Bird Guano. PNS-AIHA. Seattle,Washington. Fallah,P.2011. Using fungi as forensic tools to solve IAQ issues.Northwest Occupational Health Conference,Lacey, Washington. Krause,M. and P.Fallah.2011.Impact of attic mold on occupied spaces. 04'14 82 idehl Appendix B: Materials Received for Review 83 40,1,r4 .1. 1.• ,4e Materials Received for Review e Petition for Workers' Compensation Benefits 9 Order on Joint Stipulation Resolving Scope of Inspection o BioTrek Laboratories Corporation,Mycotoxin Panel Report for Gerald Cutshall, 3/18/15 • North American Institute of Technology(NAIT), Mycotoxin Study Test Results .11111111111111111111111/ allI011.111111111111.11.11 11101....1111.11111 11.111111111111111111116 • American Medical Laboratories 0 111111111111.11111.11.1.1=1111111 o 111111111111/11.1111111111111.1111111111111111.1111.1 Environmental testing reports for Indian River County Fire Station#1 o AMEC Report of Limited Inspections and Indoor Air Quality Assessment,Indian River County Fire Station#1, 9/10/14 o PSI Investigative Report and Attachments, 5/18/15 o ESI Preliminary Investigative Report and Attachments, 5/19/15 o EMSL Chain of Custody, EMSL Order# 371505057,Relinquished 4/3/15, Received 4/6/15 o EMSL Test Report: Identification and Enumeration of Culturable Bacteria by Swab(EMSL Method M009), Collected 3/31/15, Analyzed 4/21/15 o EMSL Test Report: Identification and Enumeration of Culturable Fungi by Swab (Including Speciation of Penicillium,Aspergillus, Cladosporium,and Stachybotrys(EMSL Method M005)), Collected 3/31/15,Analyzed 4/15/15 o EMSL Test Report: Microscopic Examination of Fungal Spores, Fungal Structures,Hyphae and Other Particulates from Tape Samples (EMSL Method M041), Collected 3/31/15, Analyzed 4/17/15 o EMSL Test Report: Identification and Enumeration of Culturable Bacteria by Water(Five Most Prominent Types(EMSL Method M009)), Collected 3/31/15, Analyzed 4/21/15 o Mycometer- Surface. Quantification of mold/fungi on surfaces for IRC Fire Station 1,Collected 3/31/15, Analyzed 4/2/15 egji } Qdeh o BactiQuant—Surface.Quantification of bacteria on surfaces for Station 1, Collected 3/31/15,Analyzed 4/2/15 o EMLab P&K Report for AMEC Foster Wheeler,Direct Microscopic Examination Report for Fire Stations 1 and 7,Collected 3/31/15,Analyzed 4/6/15 • Environmental testing reports for Indian River County Fire Station 1/7 o AMEC Report of Limited Inspections and Indoor Air Quality Assessment,Indian River County Fire Station#7, 9/18/14 o ESI Preliminary Investigative Report and Attachments,5/19/15 o EMSL Chain of Custody,Relinquished 4/3/15,Received 4/6/15 o EMSL Test Report:Identification and Enumeration of Culturable Bacteria by Swab(EMSL Method M009), Collected 3/31/15,Analyzed 4/16/15 o EMSL Test Report:Identification and Enumeration of Culturable Bacteria by Water(Five Most Prominent Types(EMSL Method M009)), Collected 3/31/15, Analyzed 4/16/15 • o EMSL Test Report: Microscopic Examination of Fungal Spores,Fungal Structures,Hyphae, and other Particulates from Tape Samples(EMSL Method M041),Collected 3/31/15,Analyzed 4/17/15 o Mycometer—Surface.Quantification of mold/fungi on surfaces For IRC Fire Station 7,Collected 3/31/15,Analyzed 4/2/15 ( o BactiQuant—Surface. Quantification of bacteria on surfaces for Station 7, Collected 3/31/15,Analyzed 4/2/15 o EMLab P&K Report for AMEC,Direct Microscopic Examination Report for Fire Stations 1 and 7,Collected 3/31/15,Analyzed 4/6/15 O Environmental testing reports for Indian River County Fire Station#10 o AMSC Report of Limited Inspections and Indoor Air Quality Assessment,Indian River County Fire Station#10,9/18/14 •• o ESI Preliminary Investigative Report and Attachments,5/20/15 o EMSL Test Report: Identification and Enumeration of Culturable Bacteria by Swab(Method M009),Collected 4/1/15,Analyzed 4/21/15 o EMSL Test Report:Identification and Enumeration of Culturable Bacteria by Water(Method M009), Collected 4/1/15,Analyzed 4/21/15 o EMSL Test Report:Microscopic Examination of Fungal Spores,Fungal Structures,Hyphae,and other Particulates from Tape Samples(Method M041), Collected 4/1/15,Analyzed 4/17/15 • o Mycometer-Surface. Quantification of mold and fungi on surfaces for TRC Fire Station 10,Collected 4/1/15,Analyzed 4/2/15 85 k`�y1::lA1•,. idehlsopi l o BactiQuant-Surface. Quantification of bacteria on surfaces for Fire Station#10, Collected 4/1/15, Analyzed 4/2/15 o EMLab P&K Report for AMEC,Direct Microscopic Examination Report for Fire Stations 10 and 11, Collected 4/1/15,Analyzed 4/6/15 • Environmental testing reports for Indian River County Fire Station#11 o AMEC Report of Limited Inspections and Indoor Air Quality Assessment at Indian River County Fire Station#11, 9/18/14 o ESI Preliminary Investigative Report and Attachments, 5/21/15 o EMSL Chain of Custody, Order Number 371505058, Relinquished 4/3/15, Received 4/6/15 o EMSL Test Report: Identification and Enumeration of Culturable Fungi by Swab (including speciation of Penicillium,Aspergillus, Cladosporium, and Stachybotrys (Method M005)),Collected 4/1/15,Analyzed 4/15/15 o EMSL Test Report: Identification and Enumeration of Culturable Bacteria by Swab(Method M009), Collected 4/1/15, Analyzed 4/13/15 o EMSL Test Report: Identification and Enumeration of Culturable Bacteria by Water(Method M009), Collected 4/1/15,Analyzed 4/13/15 o EMSL Test Report: Microscopic Examination of Fungal Spores,Fungal Structures,Hyphae, and other Particulates from Tape Samples (Method M041), Collected 4/1/15,Analyzed 4/17/15 o Mycometer-Surface. Quantification of mold/fungi on surfaces for IRC Fire Station 11, Collected 4/1/15,Analyzed 4/2/15 o BactiQuant-Surface. Quantification of bacteria on surfaces for Station 11, Collected 4/1/15,Analyzed 4/2/15 o EMLab P&K Report for AMEC,Direct Microscopic Examination Report for Fire Stations 10 and 11, Collected 4/1/15,Analyzed 4/6/15 86 5 . 6. Our Team Bruce Kelman, PhD,DABT,ATS,ERT • Toxicologist 7,-„t- ---1 4z. ,•:414ripir- __ Kevin Wallace,MD, Kristine Tucker, Michael Smith,CM Payam Fallah,PhD FACMT MD,MS,FACEP •Ceitified Industrial •Mycologist and •Medical Toxicologist •Toxicologist/ Hygienist Microbiologist Emergency Medicine Exposure Pathways . •• ... - , , r....._ t, • N. -,t%.131.f.,;,ig.w..)•:, ', . . , „‘‘ •,. . . . . 4 NH: .- 1 0 ...:' •,. .""., '.% 2 Health Effects Associated With Molds t',.,t'-',,,t 0, r t ,,,,,,,,,4; 7:, ,.4 *1',4:4;' ,IA A,*: '47:tr.84::#1:''''`:11," 4'. 'A � ; +, �,(a .rte r , EE .A t� Jk ,� y,, SA.R t *1'1\1 Ab A .. {z ""�, ... "A. yin _ tit Allergy Infection Toxicity Victims of ergotism by Peter Bruegel Dose-Response coma convulsions nausea cu vomiting cn O irritabili0. ty 0 alertness a • a" a c , a ac x",' a • 6'. F4 ■, ,e t. 'a a._ LL- •� a, Cl 1 a a' 1111 LJ Dose 86 •A • 2 "Toxic Salt" om ik 9 1 11at_1 iY_� ..._ Concentration of No Toxicological Concern 14, CoNTC Min.concentration to Max.concentration reach CoNTC in Fire Station ng/m3 spores/n3 spores/m3 30 30,000 1,790* The concentration of no toxicological concern is 17 times higher than the highest spore concentration measured in a Fire Station. *This measurement was taken from the weight room of Fire Station II on July 23,2014,by AML•C. ?eO A• 3 Calculating a maximum • Calculate fastest ry drive from Seattle . r d � to Miami • T= ? �. • D = 3,300 miles • S = 100 mph ;;„ How does the calculated maximum dose of the mycotoxin compare the lowest dose which causes an effect in animals? 8 86 A.• 4 Calculating Exposure - Mycotoxin Model • D = dose of mycotoxin (,ug/kg day) • Cmycotoxin = concentration of mycotoxin per spore (,ug/spore) • N = number of spores/m3 of air • BR= breathing rate (m3/day) • FR =fraction of inhaled spores retained in the lungs • T = exposure duration • Wt = body weight of the individual exposed (kg) 9 Margin of Exposure LTUAtor Mycoto�cin 1UlaxPassible w 5 Effects Levet `Margin of �� �_ �r-� Dose (mg/kg) (mg/k Exposure Fumitremorgen 4.06 x 10-9 6.00 x 10-2 1.48 x 107 Satratoxin H 3.38 x 10-8 4.60 x 10-6 1.36 x 102 Trichoverrols A/B 5.07 x 1010 2.00 x 10-3 3.94 x 102 Aflatoxin 61 1.62 x 10 9.21 x 10-6 56.7 10 a • 5 } Visualizing the "margin of exposure" i.e., the difference between how much could get in a person and how much it takes to cause harm to that person *(A. fumigatus) Dose Comparison (Fumitremorgen*) • Max.possible dose: • Effect level: 4.06 x 10'9 mg/kg 6 x 10'2 mg/kg �.t 59,113 inches t r 0.004 inches (height of (thickness of N,,,•;..;-=>-•2.4%,. :,-� : J -4 Empire State1 sheet ofpaper) Buildings) 12 86 • f} ' 6 . _ *(S. chartarum) Dose Comparison (Satratoxin H*) • Max.possible dose: .1':;,* • Effect level: 3.38 x 10-1°mg/kg 4.6 x 10-6 mg/kg 14. . 680 inchestit o' es,1 0.05 inches k (height of (thickness of 8 Shaquille 1 penny) O'Neals) ft ,'• 13 *(S. chartarum) Dose Comparison (Trichoverrols*) • Max.possible dose: . •„,* • Effect level: ; 5.07 x 10-1°mg/kg 2 x 10-3 mg/kg tt 9,501 inches 0.004 inches --* • ^-5,1 . . — (height of (thickness of —4 Disney 1 sheet of paper) Cinderella Castles) I 41' tOt, 14 3 to- • 7 Dose Comparison (Aflatoxin) ,,„ ..,J4,,,,,....‘ .v../..:;... ,,' ',,/�' cam/ � <;.,„,' .1 : 2 \'',..(. \':$ Al; ;y, , ;,/ !'''::,.-1. - \ 1 i .."".•'' e ..->,' ' c '''';''. '. (-. ;. 04 .,,-.-'i."7\i'N c'T:",;\ -0 Oc ' .cieH7-. .0 ..0) ":,-„ 0 - ' , .r-,,- ..' ',..':fci ',Ce.C.\, 0 e)e,4 ).;r;',- ' Cii C',,../.;..,LN 4.7;..,.; ,Cei il ",/,(:.",- * ;(ie,'---;\''. , (it'‘..../1.;;2_, Stachybotrys chartarum CDC March 10,2000/Vol.49/No.9 S w... 173 Updffip:ingllp111AAt11V11y— Unitod Status,1999-7000 Soason 1783 Updato:Survoillance Im Wont Nilo Nf Aii Virus in Ovonvintedng Mos9uitoos— Mewvort,7000 180 Updata:Pu4nonary Honrordwgd Hemosiderosh Among Warm— MORBIDITY AND MORTALITY las 83-19981996 Notigrodi drts WEEKLY REPORT Update:Pulmonary Hemorrhage/Hemosiderosis Among Infants— Cleveland,Ohio,1993-1996 A review within CDC and by outside experts of an investigation of acute pulmonary hemorrhage/hemosiderosis in infants has identified shortcomings in the implementation and reporting of the investigation described in MMWR(1,2)and detailed in other scien- tific publications authored, in part, by CDC personnel (3-5). The reviews led CDC to conclude that a possible association between acute pulmonary hemorrhage/ hemosiderosis in infants and exposure to molds,specifically Stachybotrys chartarum, commonly referred to by its synonym Stachybotrys atra,was not proven.This report describes the specific findings of these internal and external reviews. 86' . 4.8 Current Knowledge of Health Effects of Mold in Indoor Environment Toxicity Infection Allergy Alt No No Yes ,a. M. cej No No Yes AR4 No No Yes , 41,1 ;.:' 3'1°14', No not evaluated not evaluated U-41" No No Yes Learned Bodies (cont.) • Five major scientific/medical organizations reviewed evidence • Statements reflect progressive accumulation of new data over a 7-year interval • All statements agree that exposure to mold in indoor environments is: • Known to exacerbate allergies • Not known to cause infection • Not known to cause toxic responses Si, -A - g Urine Mycotoxin Tests Centers for Disease Control and Prevention MIMAIR Morbidity and Mortality Weekly Report Weekly/Vol.64/No.6 February 20.20t5 Persons using direct-to-consumer laboratory tests that have not been approved by FDA for diagnostic purposes and their health care providers need to understand that these tests might not be valid or clinically useful. Bio GaOToday:f !Cfio-ervieSipielkeed ire; e(M.nwuep.rorr Laboratories ••tl 0w. 020.07„ Home � '�'���` 'CeetadUs Becaoica Rovider I i ILII Clinical MycotoReport This report lsa xin SAMPLE`only I € ' t A a.:,,,ImI..va<. a.R :PI OW " The ELISA tests used for these determinations are not approved by the FDA for use on human specimens, IN-Pe Ife rn,, The endotoxin LAL assay tests used for these determinations are not approved by the FDA for use on human specimens. ' •'n- 7;rMrnt Ubx✓.a:�e Meay.r7r�7feC E€� v *o74CC4dCG�CdOSiar'EQCS`C9�C666 +►„ http://biotreklabs.cam/medical-mycotoxin- C.rHI';odny:(244(Bin-Trek �' t Sample-report/ --��(F.441 74L•6735 la 8. A• 10 Test Limitations: Mycotoxin-Affected Commodities 4044fie 11:1111. 4 4 i5". .: FiA 2444., t rye Test Limitations: What do the Numbers Mean? See how your cholesterol numbers compare to the table below: Total Cholesterol Level Category Less than 200mgIdL Desirable VOL(Bad)Cholesterol Level LDL Cholesterol Category Less than l00mgIdL Optimal 1000.129mgldL ,Near optimaYabove optimal HDI,(Coed)Cholesterol level HDI,Cholesterol Category • '40-50 mg/dL The higher,the better - 60 mgrdL and higher Considered protective against heart disease in serum/blood 24 - Causes of itchy, watery eyes , r / • Allergy r (pollen,dust, dander,mold) • Viral/bacterial infection r~ ., • Foreign body • Pink eye / conjunctivitis • Keratitis Mold Spore Levels • Highest outdoor: 15,374 spores/m3 • Highest indoor: 1,790 spores/m3 0 0 0 0 0 0 0 0 0 0 O 0 O 0 0 0 O O O O O 0 : 010 . 1 dot=358 spores/m' 84 • A. 12 rr r i� • Mold Spore Levels: Outdoor v. Indoor " a* z ` ittiale � Fire Station *v a: Highest Reported Highest Reported Concentration Location Concentration Location _ {spores/al') (spores/m') ..'i - - Exterior AdminiStrative- 1 •- /Office Area• 220 Kitchen Rear of Building- Lounge/ 7 3,477. gay DOOM Ready Room 10 7,500 Exit off-Kitchen - 327 Bunk 11 9,400; Front/Main Entry 1,790 Weight room •Contact Information Bruce Kelman, PhD, Veritox, Inc. DABT,ATS, ERT Principal 18372 Redmond Way Redmond, WA 98052 (425) 556-5555 bkelman@veritox.com www.veritox.com % • A - 13 Dose Calculations 114 A. 14 Calculating Exposure - Mycotoxin Model D=dose of mycotoxin(ug/kg day) Croycotoxin=concentration of mycotoxin per spore(ug/spore) N=number of spores/m3 of air BR=breathing rate(m3/day) FR =fraction of inhaled spores retained in the lungs T=exposure duration Wt=body weight of the individual exposed(kg) 29 Calculating Maximum Exposure • Dose • Dose from 24h in Fire Station Weight Room • air spore concentration • 1,790 spores/m3 • breathing rate • 0.67 m3/hr • fraction retained • 100% • exposure duration • 24 hours divided by divided by • weight of person • 80 kg $4' • A • 15 Maximum Possible Dose iM c i ore , �°Ma Possible Dose frorn McotoXin r ,g1 rn Is ore� � indoor sir r Fumitremorgen 1.20 x 101 4.06 x 10-9 Satratoxin H 1.00 x 1010 3.38 x 10-8 Trichoverrols A/B 1.50 x 1012 5.07 x 1010 Aflatoxin B1 4.80 x 1010 1.62 x 10 •Maximum ever measured 31 • Maximum Possible Dose �» 1 ��` Mycotoci n aper. p E exirtpore � f� INNIaxQPossibie r � 1 Dose { g/k .9`."0 iinAtspore • Fumitremorgen 1.20 x 1011 4.06 x 10-9 Satratoxin H 1.00 x 10 t0 3.38 x 10-8 Trichoverrols A/B 1.50 x 1012 5.07 x 1010 Aflatoxin B1 4.80 x 101° 1.62 x 10' 32 6 • A•16 Scientific Notation • a waywrite to w to very large or very small numbers 4.06 x 10-9 = 0.0000000046 Learned Bodies IOM and WHO t6A' 17 Institute of Medicine; Committee on Damp Indoor Spaces and ;' Health. 2004. Damp =oo ' ; ,> Indoor Spaces and ° ,, ,� 4,ii, a Dam Indoor Spaces Health. National p D HEALTH Academies Press, ., .w » . ," #,, Washington, DC ', k � ; 1 v .i a .. .�, , - N isel• gas. . T Institute of Medicine, 2004 TABLE ES-I Summary of Findings Regarding the Association Between Health Outcomes and Exposure to Damp Indoor Environments" Sufficient Evidence of a Causal Relationship (no outcomes met this definition) Sufficient Evidence of an Association Upper respiratory(nasal and throat)tract symptoms Wheeze Cough Asthma symptoms in sensitized asthmatic persons Limited or Suggestive Evidence of an Association Dyspnca(shortness of breath) Asthma development Tower respiratory illness in otherwise-healthy children Inadequate or Insufficient Evidence to Determine Whether an Association Exists Airflow obstruction(in otherwise-healthy persons) Skin symptoms Mucous membrane irritation syndrome Gastrointestinal tract problems Chronic obstructive pulmonary disease Fatigue Inhalation fevers Inonoccupational exposures) Neuropsychiatric symptoms Lower respiratory illness in otherwise-healthy adults Cancer Acute idiopathic pulmonary hemorrhage in infants Reproductive effects Rheumarologic and other immune diseases °Thew conclusions are Int applicable to immunocompromised persons,who are at increased risk for fungal colonization or opportunistic infections. Bt . Ig . 18 • • • • Institute of Medicine, 2004 • TABLE ES-2 Summary of Findings Regarding the Association Between Health Outcomes and the Presence of Mold or Other Agents in Damp • indotir Environments' • Sufficient Evidence of a Causal Relationship (no outcomes tier this definition) Sufficient Evidence of an Association• - Upper respiratory(nasal and throat)tract sympnnns Wheeze • • Asthma symptoms in sensitized asthmatic(sersons ' 'Cough Hypersensitivity pneumonitis in susceptible perconsb Limited or Suggestive Evidence of an Association • Lower respiratory illness in otherwise-healthy children Inadequate or Insufficient Evidence to Determine Whether an Association Exists Dyspnea(shortness of breath) Skin symptoms Airflow obstruction(in otherwise-healthy persons) Asthma development Mucous membrane irritation syndrome Gastrointestinal tract problems • Chronic obstructive pulmonary disease Fatigue Inhalation fevers Immoccupational exposures) Neurop<ychiatnc symptoms Lower respiratory illness in otherwise-heSdthy adults Cancer Rheumatologic and ruiner immune diseases Reproductive effects Acute idiopathic pulmonary hemorrhage in infants - ((These conclusions arc not applicable to immunocompromised persons.who ate at increased risk for fungal colonization or opportunistic infections. I'For mold or bacteria in damp indoor environments. • World Health ---.-� m:.p: Organization. WHO Guidelines for. ac • Indoor Air Quality: .z. ^few" ;'4 :._ Dampness • and %31,rN,ESs • r ' I3.: lO.ULD . Mould. 2009. Copenhagen, WHO • �' t • � � . Regional Office for Europe.• • • • ti,Y • • • • 86 • A. 19 World Health Organization, 2009 '4.4 (Synthesis of available evidence on health effects In this chapter.we have presented several types of evidence-epidemiological. clinical and toxicological-relevant to answering the question of whether damp- ness or dampness-related exposures cause adverse human health effects.This summary is based initially on the epidemiological and clinical evidence fur causal relations between dampness-related factors and specific human health outcomes. Then.the available toxicological evidence Is considered as either supporting or not supporting the biological plausibility of any potentially causal association. The epidemiological evidence is based on qualitative assessments of dampness- ' related factors,such as visible dampness,mould,water damage or mould odour. as the epidemiological findings based on quantitative measurements of specific microbial agents were ten inconsistent and,fur specific nmconm,too few far ,h)persensithity pneumonitis,alkrg,r nbeolitisand mould infections in suaep• dear conduspans' tilde individuals,and humidifier fever and inhalation levers.This is the only con- The epidemiological evidence's not snifietem to conclude masa'relationships elusion that is based primarily on clinical evidence and also the only conclusion between indoor dampness or mould and any specific human health effect,al- that refers explicitly to microbial agents.as opposed to dampness-related factors. though the findings alone strong epidemiological intervention sandy,in con Limited or suggestive epidemiological evidence elan association between in- junction with the other mailable studies,suggest that dampness or mould exne• rebates asthma in children. door dampness or mould and allergic rhinitis and bronchitis is available. Their is su1TTNent epidemiological evidence of associationsbetween damp- The evidence for effects on lung function.allergy or atopy and'asthma,ever is inadequate mess or mould and asthma development,asthma exacerbation,current asthma, or insufficient.The evidence does not suggest that any specific replratory•infections(except otitis media),upper respiratory tract symptoms, measure of microorganisms rgantsms or microns suhstmwes„salts in a dtn onstmhly 'cough.wfirrrr and dlxpnnea.,Tiiere is'suffident clinical evidence of associm more specific or sensitive assessment of a particular dampness-related exposure ,tions between mould and other dampness-aso dated microbiological agents and ret t to hyallb effects.\s t theirs,although specpfie Causal agent,haw eat been identified conclusively,microbial exposure is often ssggested to play a role. Further studies with valid,quantitative exposure assessment methods are re- quired in eluckiate the role of fungi and other microorganisms to damp.induced health conditions.The available epidemiological and clinical evidence suggests that both atopic and a matopk people are suseeptible to adverse health effects front exposure to dampness and mould.even if sonic outcomes are commoner in maple people.Therefore,both allergic and non-allergic mechanisms may be involved in the biological re.sonsr. gb• A' 20 BOARD OF COUNTY COMMISSIONERS 74 Joseph E. Flescher Wesley S. Davis District 2 Chairman ffVE . ,�,� 6 District 1 7 : '< Tim Zorc Bob Solari * * District 3 Vice Chairman iIOR�A Peter D. O'Bryan District 5 June 10, 2015 District 4 Bill Spivey, Executive Director Florida Development Finance Corporation 800 N. Magnolia Avenue Suite 1100 Orlando, FL 32803 RE: Florida Development Finance Corporation Board Meeting Dear Mr. Spivey, Today, I am writing to you on behalf of the Board of County Commissioners of Indian River County concerning the upcoming Florida Development Finance Corporation meeting to consider the adoption of a resolution to authorize the issuance of $1.75 billion of bonds to finance the proposed All Aboard Florida project. As you know, the Florida Development Finance Corporation meeting was initially scheduled for May 28th at 9 a.m. to 5 p.m. but was cancelled at the request of the applicant. On June 1st, the meeting was then re-scheduled for June 10th from 3 p.m. to 6 p.m. However, on Friday last week, the Florida Development Finance Corporation cancelled the June 10th meeting. In an email from the Florida Development Finance Corporation attorney, Mr. Joseph Stanton, to Mr. Stephen Ryan, dated June 5th, it was noted that "[e]fforts are underway to reschedule the meeting for another date in June, if possible." As you work with the Florida Development Finance Corporation Board to re-schedule the next meeting, I respectfully request that the groups opposed to the proposed All Aboard Florida project be afforded the same notice and opportunity to speak as that provided to the applicant. All parties should be on a level playing field. Specifically, I request the Florida Development Finance Corporation provide all interested parties and citizens with at least 30 days' notice of the next Florida Development Finance Corporation meeting. Please understand many interested citizens are trying to make summer travel plans and the pattern of scheduling hearings and re-scheduling hearings has made it difficult for people to plan accordingly. 1801 27th Street, Building A Vero Beach, FL 32960 (772)226-1490 87 Bill Spivey, Executive Director June 10, 2015 Page Two Additionally, the Board of County Commissioners of Indian River County respectfully requests that the opposition groups be given an equal amount of time to present their position as that provided to the applicant. And all interested parties and citizens must be provided an opportunity to speak. Our Board understands the difficulties that often come with setting special meetings. There is often pressure to omit certain things in order to get the work done. We hope, however, the Florida Development Finance Corporation Board remembers that while it has specific tasks to accomplish, it also has a general duty to at all times promote good government. Thank you very much for your consideration of this request. Sincerely, Bob Solari Vice Chairman BS:dr 88 U.S.Department of Homeland Security Washington.DC 20528 Homeland N.4 0, .: Security June 8.2015 Ernest B. Abbott, Esq. Baker Donelson 920 Massachusetts Avenue, N.W. Suite 900 Washington, D.C. 20001 Re: Indian River County Project Worksheet(PW) 6495, FEMA-1561-DR-FL, PA ID 061- 99061-00 Dear Mr. Abbott: I am in receipt of your December 31, 2014 letter which requests the Assistant Administrator for Recovery reconsider the Second Appeal Decision de-obligating$2,827,524 for Indian River County's Rockridge Sewer Mitigation Project(FEMA-1561-DR-FL, PW 6495) (the Project)in light of the United States District Court for the Southern District of Florida decision in South Florida Water Management District v. FEMA (SFWMD). I reviewed the facts of this matter and discussed your request with the Assistant Administrator. Pursuant to 44 C.F.R. § 206.206, FEMA's Public Assistance Second Appeal determinations represent the agency's final administrative decision on eligibility issues appealed by applicants. FEMA only reconsiders its final administrative decisions in exceptional situations, such as when a new material fact arises after FEMA makes its final decision and justice requires its consideration. In this instance, the relevant new material fact is the September 2014 SFWMD decision issued after FEMA's Second Appeal Decision on the Project. Although FEMA does not agree with the District Court's decision in SFWMD and maintains its interpretation of Section 705(c)of the Stafford Act as presented in the SFWMD case is legally valid, FEMA recognizes the applicability of the Court's holding in the Southern District of Florida. Here the Project occurred in Indian River County, which is located in the Southern District of Florida, making the SFWMD decision material to FEMA's analysis. Further, the Project's Second Appeal was pending while the SFWMD case was in litigation. As a result of the project's location, timing of the Applicant's Second Appeal, applicability of the SFWMD decision,and interest in avoiding further litigation, the Assistant Administrator for Recovery finds that the unique 89 • Ernest B. Abbott. Esq. • Page 2 • circumstances presented justify reconsideration of the previously issued Second Appeal response. Accordingly, the Second Appeal decision will be appended to direct the Regional Administrator for FEMA Region iV to re-obli atc $2.827.524. Please legal free to reach out to me to discuss this case or FEMA's application of Section 705(c). For specific questions regarding the status of the re-obligation. please contact Stuart Baker, Regional Counsel for FEMA Region IV, at (770)2211-8810. Sincerely. • • drian Sevier • Chief Counsel cc: Alex Amparo, FEMA Assistant Administrator for Recovery • Gracia Szc ech, FEMA Regional Administrator, Region IV 'Bryan W. Koon, Director, Florida Division of Emergency Management • • • • • • 90 --- JEFFREY R.. SMIT .H, CPA, CGFO, CGMA o Clerk of Circuit Court&Comptroller ! 60 yC°.. Finance Department " j p•�.�' em 1801 27th Street 711111, Vero Beach,FL 32960 � ; ",.,u►p `' TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: DIANE BERNARDO, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: June 4, 2015 SUBJECT: APPROVAL OF WARRANTS May 29, 2015 to June 4, 2015 In compliance with Chapter 136.06, Florida Statutes, all warrants (checks and electronic payments) issued by the Board of County Commissioners are to be recorded in the Board minutes. Approval is requested for the attached list of warrants, issued by the Comptroller's office, for the time period of May 29, 2015 to June 4, 2015 Attachment: DLB: DB • 91 CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 326722 6/1/2015 LINDSEY GARDENS LTD 716.00 326723 6/1/2015 CREATIVE CHOICE HOMES XVI LTD 2,655.00 326724 6/1/2015 TREASURE COAST HOMELESS SERVICES 260.00 326725 6/1/2015 PINNACLE GROVE LTD 597.00 326726 6/1/2015 VERO CLUB PARTNERS LTD 562.00 326727 6/1/2015 THE PALMS AT VERO BEACH 2,272.00 326728 6/1/2015 PELICAN ISLES LP 870.00 326729 6/1/2015 LINDSEY GARDENS II LTD 320.00 326730 6/1/2015 ABS HOLDINGS GROUP LLC 575.00 326731 6/1/2015 DANIEL CORY MARTIN 1,073.00 326732 6/1/2015 SARAH SPANN 811.00 326733 6/1/2015 MADISON CAY LTD 539.00 326734 6/1/2015 FOUNDATION FOR AFFORDABLE RENTAL HOUSING 1,884.00 326735 6/1/2015 ORANGE COUNTY HOUSING&C D 515.54 326736 6/1/2015 ALL FLORIDA REALTY SERVICES INC 3,531.00 326737 6/1/2015 VERO BEACH EDGEWOOD PLACE(305-113) 731.00 326738 6/1/2015 GRACES LANDING LTD 9,019.00 326739 6/1/2015 MICHAEL JACKOWSKI 496.00 326740 6/1/2015 PAUL JULIN 369.00 326741 6/1/2015 TERRY A LAWRENCE 39.00 326742 6/1/2015 LINDSEY GARDENS LTD 4,816.00 326743 6/1/2015 BRYAN D BLAIS 762.00 326744 6/1/2015 RIVER PARK ASSOCIATES 15,949.00 326745 6/1/2015 RICHARD C THERIEN 493.00 326746 6/1/2015 CREATIVE CHOICE HOMES XVI LTD 6,917.00 326747 6/1/2015 DAVID YORK 506.00 326748 6/1/2015 ST FRANCIS MANOR OF VERO BEACH 436.00 326749 6/1/2015 CITY OF VERO BEACH 353.00 326750 6/1/2015 TREASURE COAST HOMELESS SERVICES 2,506.00 326751 6/1/2015 FLORIDA POWER AND LIGHT 380.00 326752 6/1/2015 FULCHINI ENTERPRISES INC 281.00 326753 6/1/2015 PATRICIA MEZZINA 850.00 326754 6/1/2015 VENETIAN APARTMENTS OF VERO BEACH 864.00 326755 6/1/2015 HERMOSA PROPERTIES LLC 294.00 326756 6/1/2015 PINNACLE GROVE LTD 7,763.00 326757 6/1/2015 VERO CLUB PARTNERS LTD 18,996.00 326758 6/1/2015 INDIAN RIVER COUNTY HOUSING AUTHORITY 173.00 326759 6/1/2015 INDIAN RIVER COUNTY HOUSING AUTHORITY 393.00 326760 6/1/2015 CRAIG MERRILL 1,199.00 326761 6/1/2015 CHRISTINE SALTER 484.00 326762 6/1/2015 HAGGERTY FAMILY LTD 299.00 326763 6/1/2015 THE PALMS AT VERO BEACH 12,415.00 326764 6/1/2015 THE PALMS AT VERO BEACH 306.00 326765 6/1/2015 FELLSMERE COMM ENRICHMENT PROGRAM INC 93.00 326766 6/1/2015 HENRY 0 SPEIGHT 78.00 326767 6/1/2015 DAVID CONDON 628.00 326768 6/1/2015 HILARY MCIVOR 680.00 326769 6/1/2015 PAULA LANE 405.00 326770 6/1/2015 JOHN A CAPPELLO 277.00 326771 6/1/2015 TCG SONRISE II LLC 390.00 326772 6/1/2015 TCG SONRISE II LLC 1,475.00 326773 6/1/2015 PELICAN ISLES LP 5,311.00 326774 6/1/2015 PELICAN ISLES LP 463.00 326775 6/1/2015 SUNCOAST REALTY&RENTAL MGMT LLC 7,722.00 326776 6/1/2015 OAK RIVER PROPERTIES INC 861.00 326777 6/1/2015 MICHAEL KANNER 611.00 326778 6/1/2015 ADINA GOLDMAN 530.00 326779 6/1/2015 INDIAN RIVER RDA LP 1,669.00 92 1 TRANS NBR DATE VENDOR AMOUNT 326780 6/1/2015 GEORGE THUYNS 640.00 326781 6/1/2015 LAZY J LLC 1,280.00 326782 6/1/2015 SYLVIAMCNEILL 647.00 326783 6/1/2015 SKOKIE HOLDINGS INC 744.00 326784 6/1/2015 ROGER WINSLOW 482.00 326785 6/1/2015 TAMMY MEEKS 489.00 326786 6/1/2015 COURTYARD VILLAS OF VERO LLC 709.00 326787 6/1/2015 VINCENT PILEGGI 593.00 326788 6/1/2015 OSLO VALLEY PROPERTIES INC 850.00 326789 6/1/2015 SAID S MOOBARK 398.00 326790 6/1/2015 VICKY L STANLEY 795.00 326791 6/1/2015 CORY J HOWELL 222.00 326792 6/1/2015 CHOICE RENTALS INC 825.00 326793 6/1/2015 OSCEOLA COUNTY SECTION 8 643.54 326794 6/1/2015 LINDSEY GARDENS II LTD 4,937.00 326795 6/1/2015 ANTHONY ARROYO 295.00 326796 6/1/2015 AHS HOLDINGS GROUP LLC 4,362.00 326797 6/1/2015 YVONNE KOUTSOFIOS 363.00 326798 6/1/2015 ALAN R TOKAR 736.00 326799 6/1/2015 VILLAS OF VERO BEACH 483.00 326800 6/1/2015 BRIAN E GALLAGHER 470.00 326801 6/1/2015 MANUEL V CAMACHO SR LLC 686.00 326802 6/1/2015 HOUSING AUTHORITY 875.54 326803 6/1/2015 STEPHANIE WATCHEK FOUNTAIN TRUST 223.00 326804 6/1/2015 MICHAEL STILES 526.00 326805 6/1/2015 BLTREJV3 PALM BEACH LLC 2,095.00 326806 6/1/2015 RACHEL G SIDMAN 462.00 326807 6/1/2015 SCOT WILKE 467.00 326808 6/1/2015 MARK BAER 483.00 326809 6/1/2015 WANELL DONNELLI 353.00 326810 6/1/2015 J&K PALMER ENTERPRISES LLC 221.00 326811 6/1/2015 THEODORE BARTOSIEWICZ 468.00 326812 6/1/2015 FOUNDATION FOR AFFORDABLE RENTAL HOUSING 11,994.00 326813 6/1/2015 BRADLEY C LEEDHAM 538.00 326814 6/1/2015 RICHARD KUSSEROW 475.00 326815 6/4/2015 PORT CONSOLIDATED INC 714.39 326816 6/4/2015 JORDAN MOWER INC ' 652.26 326817 6/4/2015 RANGER CONSTRUCTION IND INC 1,153.60 326818 6/4/2015 VERO CHEMICAL DISTRIBUTORS INC 480.85 326819 6/4/2015 RICOH USA INC 45.22 326820 6/4/2015 KIMLEY HORN&ASSOC INC 7,423.80 326821 6/4/2015 STEWART MATERIALS INC 3,727.65 326822 6/4/2015 AT&T WIRELESS 2.01 326823 6/4/2015 AT&T WIRELESS 100.00 326824 6/4/2015 BRENDA DICKHART 84.75 326825 6/4/2015 E-Z BREW COFFEE&BOTTLE WATER SVC 94.87 326826 6/4/2015 GRAINGER 608.13 326827 6/4/2015 KELLY TRACTOR CO 1,380.60 326828 6/4/2015 SAFETY KLEEN SYSTEMS INC 306.15 326829 6/4/2015 REPUBLIC SERVICES INC 305.50 326830 6/4/2015 AMERIGAS EAGLE PROPANE LP 1,227.56 326831 6/4/2015 GAYLORD BROTHERS INC 149.58 326832 6/4/2015 HACH CO 1,029.74 326833 6/4/2015 LFI FORT PIERCE INC 4,936.33 326834 6/4/2015 KSM ENGINEERING&TESTING INC 2,192.00 326835 6/4/2015 HD SUPPLY WATERWORKS,LTD 2,841.12 326836 6/4/2015 PETES CONCRETE 3,500.00 326837 6/4/2015 EGP INC 1,154.79 326838 6/4/2015 VERO INDUSTRIAL SUPPLY INC 357.50 326839 6/4/2015 ACE PLUMBING INC 91.50 93 2 TRANS NBR DATE VENDOR AMOUNT 326840 6/4/2015 JAMAR TECHNOLOGIES INC 311.17 326841 6/4/2015 EXPRESS REEL GRINDING INC 3,000.00 326842 6/4/2015 FLORIDA VETERINARY LEAGUE 73.60 326843 6/4/2015 TIRESOLES OF BROWARD INC 2,257.68 326844 6/4/2015 OXFORD UNIVERSITY PRESS 44.80 326845 6/4/2015 BFS RETAIL OPERATIONS LLC 413.36 326846 6/4/2015 BARTH CONSTRUCTION INC 22,363.00 326847 6/4/2015 CHILDCARE RESOURCES OF IRC INC 360.00 326848 6/4/2015 DELL MARKETING LP 43,362.41 326849 6/4/2015 LAWMENS&SHOOTERS SUPPLY INC 1,473.25 326850 6/4/2015 JOHN C HINTON 120.00 326851 6/4/2015 GENERAL PART INC 719.09 326852 6/4/2015 GOODYEAR AUTO SERVICE CENTER 49.00 326853 6/4/2015 BAKER&TAYLOR INC 2,604.79 326854 6/4/2015 COMPUTYPE INC 660.88 326855 6/4/2015 MIDWEST TAPE LLC 599.30 326856 6/4/2015 PRECISION CONTRACTING SERVICES INC 1,720.00 326857 6/4/2015 MICROMARKETING LLC 200.41 326858 6/4/2015 K&M ELECTRIC SUPPLY 158.71 326859 6/4/2015 NEWSBANK INC 3,603.50 326860 6/4/2015 CLERK OF CIRCUIT COURT 1,943.35 326861 6/4/2015 INDIAN RIVER COUNTY HEALTH DEPT 125.00 326862 6/4/2015 INDIAN RIVER COUNTY HEALTH DEPT 250.00 326863 6/4/2015 INDIAN RIVER COUNTY HEALTH DEPT 250.00 326864 6/4/2015 INDIAN RIVER COUNTY HEALTH DEPT 250.00 326865 6/4/2015 ROGER J NICOSIA 7,400.00 326866 6/4/2015 CITY OF VERO BEACH 6,903.24 326867 6/4/2015 ILLINOIS STATE DISBURSEMENT UNIT 142.32 326868 6/4/2015 CHAPTER 13 TRUSTEE 478.38 326869 6/4/2015 INDIAN RIVER ALL FAB INC 2,737.92 326870 6/4/2015 UNITED PARCEL SERVICE INC 18.14 326871 6/4/2015 JANITORIAL DEPOT OF AMERICA INC 53.60 326872 6/4/2015 TREASURE COAST HOMELESS SERVICES 36,858.50 326873 6/4/2015 HUMANE SOCIETY 29,607.50 326874 6/4/2015 PUBLIX SUPERMARKETS 9.95 326875 6/4/2015 GEAR FOR SPORTS INTL INC 192.23 326876 6/4/2015 GEOSYNTEC CONSULTANTS INC 12,310.35 326877 6/4/2015 INDIAN RIVER HABITAT 400.00 326878 6/4/2015 INDIAN RIVER MALL 3,000.00 326879 6/4/2015 FEDERAL EXPRESS CORP 21.43 326880 6/4/2015 FEDERAL EXPRESS CORP 32.67 326881 6/4/2015 FEDERAL EXPRESS CORP 42.82 326882 6/4/2015 TYLER TECHNOLOGIES INC 30,000.00 326883 6/4/2015 CALLAWAY GOLF SALES COMPANY 4,935.67 326884 6/4/2015 SUBSTANCE AWARENESS COUNCIL OF IRC INC 6,204.79 326885 6/4/2015 FLORIDA RECREATION&PARK ASSOC INC 160.00 326886 6/4/2015 FLORIDA POWER AND LIGHT 6,222.65 326887 6/4/2015 FLORIDA POWER AND LIGHT 750.32 326888 6/4/2015 STATE ATTORNEY 11,490.74 326889 6/4/2015 CITY OF FELLSMERE 182.67 326890 6/4/2015 STRUNK FUNERAL HOMES&CREMATORY 425.00 326891 6/4/2015 JOSEPH A BAIRD 169.00 326892 6/4/2015 HILTON GARDEN INN 139.00 326893 6/4/2015 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 75.00 326894 6/4/2015 CENTRAL FLORIDA PRIMA 25.00 326895 6/4/2015 INDIAN RIVER FARMS WATER CNTRL DIST 6,592.40 326896 6/4/2015 NATIONAL ALLIANCE FOR YOUTH SPORTS 60.00 326897 6/4/2015 PITNEY BOWES INC 201.00 326898 6/4/2015 ALAN C KAUFFMANN 65.00 326899 6/4/2015 A M BEST COMPANY INC 175.75 94 3 TRANS NBR .DATE VENDOR AMOUNT 326900 6/4/2015 G K ENVIRONMENTAL INC 4,559.02 326901 6/4/2015 THE FLORIDA BAR 150.00 326902 6/4/2015 THE.FLORIDA BAR 300.00 326903 6/4/2015 THE FLORIDA BAR 300.00 326904 6/4/2015 THE FLORIDA BAR 300.00 326905 6/4/2015 JEFF WEST 22.00 326906. 6/4/2015 NABORS GIBLIN&NICKERSON PA 1,081.96 326907 6/4/2015 BRIDGE DESIGN ASSOCIATES INC 1,008.00 326908 6/4/2015 BRIGGS GOLF CONSTRUCTION INC 61,800.00 326909 6/4/2015 SYMBIONT SERVICE CORP 129.00 326910 6/4/2015 HAYTH,HAYTH&LANDAU 125.00 326911 6/4/2015 ' FLORIDA ASSOC OF CODE ENFORCEMENT 55.00 326912 6/4/2015 HOMETOWN NEWS 569.00 326913 6/4/2015 MICHAEL QUIGLEY 80.00 326914 6/4/2015 ED SCHLITT LC 500.00 326915 6/4/2015 RUSSELL PAYNE INC 1,014.09 326916 6/4/2015 FOX MARINE 214.47 326917 6/4/2015 CELICO PARTNERSHIP 120.05 326918 6/4/2015 JEAN PETERS 200.00 326919 6/4/2015 BETTY DAVIS 405.00 326920 6/4/2015 VAN WAL INC 9.00 326921 6/4/2015 JOSEPH W VASQUEZ 50.00 326922 6/4/2015 M T CAUSLEY INC 5,557.50 326923 6/4/2015 MBV ENGINEERING INC 7,062.50 326924 6/4/2015 CENTRAL PUMP&SUPPLY INC 613.95 326925 6/4/2015 STREAMLINE TECHNOLOGIES INC 180.00 326926 6/4/2015 MASTELLER&MOLER INC 5,745.50 326927 6/4/2015 DICKERSON FLORIDA INC 118,763.78 326928 6/4/2015 PELICAN ISLES LP 500.00 326929 6/4/2015 ADMIN FOR CHILD SUPPORT ENFORCEMENT 219.57 326930 6/4/2015 ADMIN FOR CHILD SUPPORT ENFORCEMENT 222.55 326931 6/4/2015 ADMIN FOR CHILD SUPPORT ENFORCEMENT 124.18 326932 6/4/2015 JOHN DEERE LANDSCAPES 5,026.03 326933 6/4/2015 CAROLE J MADIGAN 518.00 326934 6/4/2015 RF CONCRETE CONSTRUCTION INC 75.00 326935 6/4/2015 AMERICAN WATER WORKS ASSOCIATION 214.00 326936 6/4/2015 ALL PRO PAINT&BODY INC 3,388.20 326937 6/4/2015 JOHNNY B SMITH 100.00 326938 6/4/2015 GLOBALSTAR USA 119.62 326939 6/4/2015 THOR GUARD INC 995.00 326940 6/4/2015 FISHER&PHILLIPS LLP 551.35 326941 6/4/2015 INDIAN RIVER RDA LP 400.00 326942 6/4/2015 REDLANDS CHRISTIAN MIGRANT ASSOC 2,281.29 326943 6/4/2015 COAST TO COAST LANDSCAPING INC 12,355.00 326944 6/4/2015 KATHLEEN P DOUGHERTY 160.00 326945 6/4/2015 RENAE CHANDLER 80.00 326946 6/4/2015 TREASURE COAST SPRINKLERS INC 275.00 326947 6/4/2015 JOHN MESKILL 375.00 326948 6/4/2015 K'S COMMERCIAL CLEANING 17,829.08 326949 6/4/2015 NICOLACE MARKETING INC 200.00 326950 6/4/2015 EQ THE ENVIRONMENTAL QUALITY COMPANY 44,548.08 326951 6/4/2015 TRITEL INC 99.00 326952 6/4/2015 DE LA HOZ BUILDERS INC 21,555.00 326953 6/4/2015 YAMAHA GOLF CAR COMPANY 204.82 326954 6/4/2015 WITTENBACH BUSINESS SYSTEMS INC 147.00 326955 6/4/2015 MURPHY&WALKER P L 12,077.14 326956 6/4/2015 DELRAY MOTORS 1,167.71 326957 6/4/2015 CIT FINANCE LLC 186.21 326958 6/4/2015 ROSEMARY JEFFERSON 350.00 326959 6/4/2015 GFA INTERNATIONAL INC 4,071.00 95 4 TRANS NBR DATE VENDOR AMOUNT 326960 6/4/2015 CLOSE CONSTRUCTION LLC 69,268.96 326961 6/4/2015 TIM ZORC 195.45 326962 6/4/2015 HOUSING AUTHORITY 249.00 326963 6/4/2015 REPROGRAPHIC SOLUTIONS INC 10.08 326964 6/4/2015 LOWES HOME CENTERS INC 2,666.23 326965 6/4/2015 LABOR READY SOUTHEAST INC 9,768.72 326966 6/4/2015 CB&I COASTAL PLANNING&ENGINEERING INC 18,492.52 326967 6/4/2015 GAUDETASSOCIATES INC 500.00 326968 6/4/2015 J&H WATERSTOP UTILITIES INC 14,250.00 326969 6/4/2015 ALEX MIKLO 25.00 326970 6/4/2015 BURNETT LIME CO INC 6,413.40 326971 6/4/2015 COMMERCIAL BUILDING MAINTENANCE 1,643.00 326972 6/4/2015 PENGUIN RANDOM HOUSE LLC 204.00 326973 6/4/2015 DESIGNERS TOUCH FLOORING INC 3,450.00 326974 6/4/2015 WADE WILSON 25.00 326975 6/4/2015 BAKER DONELSON BEARMAN CALDWELL&BERKOW 3,623.50 326976 6/4/2015 BRUCE SABOL 80.00 326977 6/4/2015 FAMILY SUPPORT REGISTRY 9.66 326978 6/4/2015 CARA COBB 80.00 326979 6/4/2015 MONA MOSHKI 80.00 326980 6/4/2015 KESSLER CONSULTING INC 6,132.50 326981 6/4/2015 TRINOVA-FLORIDA INC 169.06 326982 6/4/2015 VALERIE WATERS 710.00 326983 6/4/2015 ANDREW D.FLEISHER,ESQ 150.00 326984 6/4/2015 NAPIER&ROLLIN PLLC 300.00 326985 6/4/2015 eMAINT ENTERPRISES LLC 3,000.00 326986 6/4/2015 EMA INC 1,038.32 * 326987 6/4/2015 KB HOME JACKSONVILLE LLC 7,612.00 326988 6/4/2015 CHAD COOLEY 22.00 326989 6/4/2015 CORNERSTONE FAMILY SERVICES OF WEST VIRGINIA 425.00 326990 6/4/2015 SYLIVIA MILLER 80.00 326991 6/4/2015 ANFIELD CONSULTING GROUP INC 10,000.00 326992 6/4/2015 KEECLEAN MANAGEMENT INC 6,565.00 326993 6/4/2015 ENCORE ONE LLC 2,271.86 326994 6/4/2015 LONGHORN LANDSCAPING AND SOD LLC 3,928.50 326995 6/4/2015 TK6 INC 3,777.00 326996 6/4/2015 PROFESSIONAL BINDING PRODUCTS 1,285.00 326997 6/4/2015 SUN AQUATICS LLC 190.00 326998 6/4/2015 KAMAN INDUSTRIAL TECHNOLOGLES CORPORATION 24,468.90 326999 6/4/2015 ROBERT SMITH 49.50 327000 6/4/2015 CENTURY PLACE II LLC 1,140.00 327001 6/4/2015 LINDA WALL 80.00 327002 6/4/2015 COCA COLA BEVERAGES FLORIDA LLC 225.36 327003 6/4/2015 JOSEPH DIZONNO 25.00 327004 6/4/2015 LAWRENCE S.GENDIZER 3,000.00 327005 6/4/2015 ROSEMARY JEFFERSON 55.00 327006 6/4/2015 KEN PARKS 50.00 327007 6/4/2015 COURTNEY ADAMS 50.00 327008 6/4/2015 ANGELINA PETERSON 50.00 327009 6/4/2015 TIFFANY LYFORD 50.00 327010 6/4/2015 SYNGENTA SEEDS INC 6,965.18 327011 6/4/2015 MIAMI INC 495.00 327012 6/4/2015 BIANCA'S CLEANING SERVICES LLC 45.00 327013 6/4/2015 THE OPEN STUDIOS PRESS 89.00 327014 6/4/2015 KARYN BRYANT 14.54 327015 6/4/2015 C THOM INC 75.00 327016 6/4/2015 NATHAN J ROODHOUSE 217.41 Grand Total: 1,014,014.16 96 5 ELECTRONIC PAYMENT - VISA CARD TRANS.NBR DATE VENDOR AMOUNT 1006633 5/29/2015 OFFICE DEPOT BSD CUSTOMER SVC 771.49 1006634 5/29/2015 COMCAST 102.85 1006635 5/29/2015 BRIDGESTONE GOLF INC 829.04 1006636 5/29/2015 EVERGLADES FARM EQUIPMENT CO INC 7,431.06 1006637 5/29/2015 PARKS RENTAL&SALES INC 768.06 1006638 5/29/2015 COMMUNICATIONS INTERNATIONAL 26,362.38 1006639 5/29/2015 COPYCO INC 58.86 1006640 5/29/2015 SAFETY PRODUCTS INC 11,828.35 1006641 5/29/2015 HELENA CHEMICAL 532.70 1006642 5/29/2015 COLD AIR DISTRIBUTORS WAREHOUSE 442.22 1006643 5/29/2015 INDIAN RIVER BATTERY 91.45 1006644 5/29/2015 DAVIDSON TITLES INC 59.54 1006645 5/29/2015 DAVES SPORTING GOODS&TROPHIES 132.00 1006646 5/29/2015 APPLE INDUSTRIAL SUPPLY CO 92.31 1006647 5/29/2015 ABCO GARAGE DOOR CO INC 519.50 1006648 5/29/2015 ALLIED UNIVERSAL CORP ' 5,201.73 1006649 5/29/2015 IRRIGATION CONSULTANTS UNLIMITED INC 129.54 1006650. 5/29/2015 ARAMARK UNIFORM&CAREER APPAREL LLC 1,425.01 1006651 5/29/2015 SOUTHERN COMPUTER WAREHOUSE 2,813.02 1006652 5/29/2015 FIRST HOSPITAL LABORATORIES INC 25.50 1006653 5/29/2015 NEC CORPORATION OF AMERICA 1,121.99 1006654 5/29/2015 CENGAGE LEARNING CORPORATION 74.37 1006655 5/29/2015 FERGUSON ENTERPRISES INC 15,519.19 1006656 5/29/2015 HD SUPPLY FACILITIES MAINTENANCE LTD 36.59 1006657 5/29/2015 COMO OIL COMPANY OF FLORIDA 58.30 1006658 5/29/2015 SHRIEVE CHEMICAL CO 5,844.22 1006659 5/29/2015 MIDWEST MOTOR SUPPLY CO 444.23 1006660 5/29/2015 ECONOLITE CONTROL PRODUCTS INC 13,024.00 1006661 5/29/2015 FLAGLER CONSTRUCTION EQUIPMENT LLC 2,760.37 1006662 5/29/2015 SYNAGRO-WWT INC 63,147.32 1006663 5/29/2015 SOUTHERN JANITOR SUPPLY INC 843.13 1006664 5/29/2015 CAPITAL OFFICE PRODUCTS 448.58 1006665 5/29/2015 METRO FIRE PROTECTION SERVICES INC • 619.74 1006666 5/29/2015 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 311.34 1006667 5/29/2015 BENNETT AUTO SUPPLY INC 50.93 1006668 5/29/2015 AUTO PARTNERS LLC 59.76 1006669 5/29/2015 S&.S AUTO PARTS 61.28 1006670 5/29/2015 - WRIGHT FASTENER COMPANY LLC 170.00 1006671 5/29/2015 HORIZON DISTRIBUTORS INC 1,705.77 • 1006672 5/29/2015 IMAGENET CONSULTING LLC 160.00 1006673 6/3/2015 ADRON FENCE COMPANY INC 743.00 1006674 6/3/2015 EVERGLADES FARM EQUIPMENT CO INC 15,059.81 1006675 6/3/2015 COMMUNICATIONS INTERNATIONAL 9,804.52 1006676 6/3/2015 INDIAN RIVER OXYGEN INC 153.45 1006677 6/3/2015 DEMCO INC 123.06 1006678 6/3/2015 DAVIDSON TITLES INC 1,000.00 1006679 6/3/2015 GALLS LLC 101.95 1006680 6/3/2015 ALLIED UNIVERSAL CORP 5,283.68 1006681 6/3/2015 IRRIGATION CONSULTANTS UNLIMITED INC 161.05 1006682 6/3/2015 GROVE WELDERS INC 410.21 1006683 6/3/2015 . APPLE MACHINE& SUPPLY CO 307.93 1006684 6/3/2015 FERGUSON ENTERPRISES INC 1,125.00 1006685 6/3/2015 DUNKELBERGER ENGINEERING&TESTING 2,100.00 1006686 6/3/2015 COMO OIL COMPANY OF FLORIDA 1,039.70 1006687 6/3/2015 GLOBAL GOLF SALES INC 517.53 1006688 6/3/2015 . COMPLETE ELECTRIC INC 190.00 1006689 6/3/2015 MIDWEST MOTOR SUPPLY CO 952.19 1006690 6/3/2015 FLAGLER CONSTRUCTION EQUIPMENT LLC 283.18 97 1 TRANS.NBR DATE VENDOR AMOUNT 1006691 6/3%2015 CAPITAL OFFICE PRODUCTS 721.38 1006692 6/3/2015 HARCROS CHEMICALS,INC. 19,500.00 1006693 6/3/2015 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 350.78 1006694 6/3/2015 BENNETT AUTO SUPPLY INC 521.58 1006695 6/3/2015 CM&S INDUSTRIES INC 5,327.00 Grand Total: 231,854.72 98 2 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 3616 5/29/2015 INDIAN RIVER COUNTY SUPERVISOR OF ELECTIONS 72,425.59 3617 5/29/2015 CLERK OF.CIRCUIT COURT 78,885.33 3618 5/29/2015 INDIAN RIVER COUNTY SHERIFF 3,245,621.36 3619 6/1/2015 AGENCY FOR HEALTH CARE ADMIN 13,173.89 3620 6/1/2015 AMERICAN FAMILY LIFE ASSURANCE CO O 16,059.40 3621 6/1/2015 ALLSTATE 447.76 3622 6/1/2015 MUTUAL OF OMAHA 6,279.45 3623 6/2/2015 FL RETIREMENT SYSTEM 406,648.61 Grand Total:. 3,839,541.39 • 99 1 Office of Consent 06/16/15 �a ,1-3) INDIAN RIVER COUNTY �* oRly ATTORNEY Dylan Reingold,County Attorney William K.DeBraal,Deputy County Attorney Kate P. Cotner,Assistant County Attorney MEMORANDUM TO: Board of County Commissioners THROUGH: Dylan Reingold, County Attorney QQ7-- FROM: William K. DeBraal, Deputy County Attorney DATE: June 10, 2015 RE: Approval of Mediated Settlement Agreement - parcel of property owned by Laurel Homes, Inc. located on 66th Avenue south of 16th Street I. Background. Laurel Homes, Inc. (Peter and Debb Robinson are officers in the corporation) owns a 20.80 acre parcel of property that lies south of 16th Street on 66th Avenue. This irregularly shaped property contains no structures or improvements at the current time. The property is zoned A-1, agricultural, 1 unit per five acres. The 20.80 acre property consists of two separate parcels: • The western most parcel, Tract 1, is 15.26 acres in size and roughly rectangular in shape. • The eastern most parcel, Tract 4, is 5.54 acres in size and is triangle shaped. Please see the aerial photo of the property attached as Exhibit A. These parcels abut the urban service boundary but lie just outside of it to the south. The County has water and sewer lines running along 16th Street and the newly improved 66th Avenue. The property is bordered on the south by the main relief canal, to the east by a canal and Indian River State College property, to the west by five 1 and 2 acre undeveloped agricultural lots and to the north by 16th Street. The property to the north of the Laurel Homes parcel is zoned RM-6, residential multifamily up to 6 units per acre. f 1 Indian River Ca Avpprrsved !D ie /.. _ 1 / „_ 15 Admin. �� /� APPROVED FOR ((J (� i IN Legal B.C.0 MEETING - AG Budget latium mai DeCit COUNTY,ATTORNEY, Risk Mgr, yr 100 MEMORANDUM — Laurel Homes Mediation Agreement for 66th Avenue June 10, 2015 Page 12 The extension of 66th Avenue splits the parent properties. Pursuant to a stipulated Order of Take, the County deposited its good faith estimate of value of $745,000 (based on an appraisal) and received title to a 2.72 acre parcel (Parcel 16) of right-of-way needed for road improvements and a 0.81 acre parcel (Parcel 16A) needed for a stormwater retention pond. Parcel 16 included a 25-foot temporary construction easement and Parcel 16A included a 5-foot temporary construction easement. The remainder parcels are 11.37 acres on the west side of 66th Avenue and 5.90 acres on the east side of 66th Avenue. II. Evaluation. The trial appraisal performed by the Spivey Group, Inc., Glen Spivey MAI, (Spivey) establishes the value of the 3.53 acres of property to be taken as follows: Parcel 16 Right-of-Way Parcel Parcel 16 A Pond Parcel Land Value (2.72 A) $217,600 Land Value (0.81 A) $64,800 Value of Improvements 1,900 Value of Improvements 1,000 Severance/Cost to cure 443,700 Severance/Cost to Cure 0 Total $663,200 Total $65,800 Parcel 16 A Temporary Construction Parcel 16 Temporary Construction Easement Easement Land Value (0.05 A) $700 Land Value (0.93A) $11,800 Value of Improvements 100 Value of Improvements 500 Severance/Cost to Cure 0 Severance/Cost to Cure 0 Total $800 Total $12,300 Acquisition of all four parcels needed comes to a total of $742,100. In the trial appraisal, Spivey considered the property's highest and best use would be for an institutional use such as a church or school, taking into account that the two previous comprehensive plan amendments that moved the urban service boundaries to accommodate residential development were basic failures. Both uses, church and school, are permitted outside of the urban service boundary without a comprehensive plan amendment. In establishing their value of the property, Laurel Homes' appraiser considered the property's proximity to Indian River State College, the Indian River Mall, the zoning and future land use designation of adjoining property and concluded that the highest and best use of the property would be multi-family zoning. In appraising the value of the land, the Laurel Homes' appraiser took into consideration the costs of applying for a future land use amendment and rezoning, the length of time involved and the chances of a successful outcome. He then studied the effect of the take to the remainder properties. In the before condition, the property consists of over 20 contiguous acres of land in a desirous location. In the after condition, the property is bifurcated by the road, leaving the owner with less desirable acreages of 5.90 acres and 11.37 acres on opposite sides of the road. The value of the property taken, bifurcation and loss of land value resulted in damages of 101 • MEMORANDUM — Laurel Homes Mediation Agreement for 66th Avenue June 10, 2015 Page 13 $1,552,000 according to the Laurel Homes' appraiser. The County had formerly been represented by the outside law firm of Policastro and LeRoux and were subsequently replaced by William Doney of Caldwell Pacetti. Laurel Homes is represented by attorney Mark Leavitt of the law firm of Dean Meade in Orlando. The County filed suit in eminent domain and negotiated a Stipulated Order of Take. The parties attended a mediation conference in an attempt to settle the issue of compensation on May 15, 2015. Present on behalf of the County at Mediation were Joseph Baird, County Administrator, Mr. Doney and me. The parties reached the attached agreement that now must be approved by the Board. III. Risk Assessment. If the case proceeds to trial (approximately a 5-day jury trial) the County is obligated by statute to pay all reasonable attorneys' fees and expert witness fees on both sides of the case. The County's attorney's fees are conservatively estimated at $60,000. Laurel Homes' attorney's fees are set by statute and will equal 33-1/3% of the difference between the County's first offer of $745,000 and the final jury verdict. If the difference between the verdict and the County's offer exceeds $250,000, the fee drops to 25% of the benefit gained for the next $750,000 and 20% of the benefit thereafter. The range in fees in this case will be between $0 for a verdict equal to the county's estimate of value and $221,750 for the Laurel Homes estimate of value. Using a verdict favorable to the County of $990,850 (which is 33% above the appraised value of $745,000) Laurel Homes' attorney's fees would be $81,130.50. In addition, the County will have to pay all expert witness fees. There are six total expert witnesses in this case, three for each side. Conservatively, total expert witness fees through trial will be approximately $140,000. When added with the County paying its own attorney's fees of $60,000, the total estimated cost of trying the case would be $1,271,980.50 plus prejudgment interest. Using a verdict favorable to Laurel Homes of $1,035,184 (which is 33% below their appraised value of $1,552,000), the attorney's fees would be $92,543 expert witness fees of $140,000 and our own attorney's fees of $60,000, the total cost would be $1,327,727 plus prejudgment interest. IV. Mediation. The parties agreed (subject to Board approval) to a settlement of all issues as follows: • The County would pay the sum of $1,300,000 in full and final settlement for title to the right-of-way property. The County will receive a credit of $745,000 already paid into the registry of the court. • Statutory attorney's fees and expert witness fees as of the date of mediation are to be decided by the parties and approved by the Board at a future date. If the parties cannot agree on expert witness fees, they will be determined by the court. V. Discussion. The risks have been set forth above. There is no way to predict how much a jury would award Laurel Homes in this case, although juries tend to favor the 102 MEMORANDUM — Laurel Homes Mediation Agreement for 66th Avenue June 10, 2015 Page 14 landowner in cases like this one, where the property has been held by Laurel Homes for almost 30 years and the road has split the property into two parcels. If a jury would return a verdict of a 50/50 "split" of the difference between the parties' estimates of value ($745,000 + 1,552,000 = 2,297,000 _ 2 = 1,148,500) the total cost to the County will be approximately $1,469,375 after attorney's fees and expert costs ($120,875 attorney's fees plus the County's attorney's fees, both parties costs added to the $1,148,500 verdict). Thus, the effect of the settlement is to cap the County's total cost below the mid-point of the risk range. VI. Funding. Funding for this expenditure is not currently budgeted. A budget amendment from Optional Sales Tax/Cash Forward can fund the $555,000 needed from acct # 31521441-066120-06021 — Optional Sales Tax/ROW/66th Avenue- 12th Street to SR 60. VII. Recommendation. The County Attorney's Office recommends that the Board approve the Mediated Settlement Agreement and authorize the Chairman to execute any documents in furtherance of the agreement on behalf of the Board. All appraisal reports, expert reports and copies of invoices are not attached to this memo due to their length but are available for review at the County Attorney's Office. Copy to: Bill Doney Mark Leavitt Attachments:Aerial Photo Mediated Settlement Agreement 103 IN THE NINETEENTH CIRCUIT COURT OF FLORIDA IN AND FOR THE COUNTY OF INDIAN RIVER INDIAN RIVER COUNTY,FLORIDA, a Political subdivision of the State of Florida, Petitioner, CIVIL ACTION NO.: 31-2011-CA-002645 -vs- PARCEL NO.: 16, 16-SLOPE, 16- TCE 16A, 16A-TCE LAUREL HOMES, INC., a Florida Corporation,CAROLE JEAN JORDAN, as Tax Collector; et al. Respondents. MEDIATED SETTLEMENT AGREEMENT As a result of a Mediation Conference held on May 15, 2015 the parties reached the following Settlement Agreement contingent upon the approval of the Indian River County Board of Commissioners: 1. Petitioner will pay to Respondent, Laurel Homes, Inc.,the sum of $1,300,000.00 in full settlement of all claims for compensation from Petitioner whatsoever, including interest and business damages,but excluding attorney's fees, experts' fees, and costs. 2. The parties agree to reserve the issues of attorney's fees and attorney litigation costs in this case, including fees related to monetary and non-monetary benefits and supplemental proceedings, if any and experts' fees and costs in this case. 3. Counsel for Petitioner and Respondent will jointly submit to the Court for signature a mutually approved Stipulated Final Judgment in this matter as soon as practical hereafter,but not prior to the satisfaction of all conditions contained herein. 4. Petitioner is entitled to a credit for the initial deposit in the Court Registry in the amount of$745,000.00 5. Petitioner will pay Respondent the balance due of$555,000.00 104 within thirty(30)days of the actual date of receipt by the Petitioner's counsel of a conformed copy of the aforesaid Stipulated Final Judgment from the Court and disbursement of funds to Respondent shall be stipulated as part of the final judgment as soon as practical. 6. Attached hereto is an addendum to this Agreement. Yes X No 7. This Agreement, dated May 15,2015,contains all of the agreements of the parties. C //' B ' 1 .0.,„, i Ni , , (VP- .....44k .1%, _ ..A 2_____,___ Petitio er, Indian River Co. Respond- , Laurel Homes, Inc. ("By: Joseph A. Baird :y: I eeEllen Robinson,Vice President A-Mk igiik 1 - 111111L— ____ . (-- 4 %---- Attorney for Petitioner, William Don.` i Attorney for Respondent,Mark Leavitt if 6Ii/ ediator, Lawr- l-endzier . • • 105 Indian River County, Florida Property Appraiser- Printer Friendly Map Page 1 of l Print I Back Indian River County GIS r ._._, l I • 167H t5'1 et— 4 33390$00001Ot4UU0",13r.. ,. 1 3 39g,780D01O1000001.o • C • t r , i fizy-ri 3 ParcelID OwnerName ProParh'Address 31391800010000000038.0 LAUREL HOMES INC 108 BLUE HERON WAY SEBASTIAN,FL 32958 31391800010000000002.0 LAUREL HOMES INC 103 WOOD STORK WAY SEBASTIAN, FL 32958 31391800010000000035.0 LAUREL HOMES INC 109 BLUE HERON WAY SEBASTIAN, FL 32958 31391800010000000001.0 LAUREL HOMES INC 101 WOOD STORK WAY SEBASTIAN,FL 32958 31391800010000000036.0 LAUREL HOMES INC 111 BLUE HERON WAY SEBASTIAN, FL 32958 Notes A w 106 http://www.ircpa.org/PrintMap.aspx 6/10/2015 CALDWELL PACETTI EDWARDS SCHOECH 8c VIATOR LLP ATTORNEYS AT LAW MANLEY P.CALDWELL.JR. ONE CLEARLAKE CENTRE PARALEGAL KENNETH W. EDWARDS 250 SOUTH AUSTRALIAN AVENUE EMILIE PEARSON.CP CHARLES F.SCHOECH SUITE 600 MARY M.VIATOR WILLIAM P.OONEY WEST PALM BEACH,FLORIDA 33401 www.caldwe1lpaCettl.com FRANK S.PALEN JOHN A.WEIG TELEPHONE: 1561) 655-0620 OF COUNSEL TELECOPIER:1561) 655.3775 BETSY S.BURDEN RUTH P.CLEMENTS June 10. 2015 VIA EMAIL: bdebralla,,ircgov.com • William K. DeBraal Deputy County Attorney Indian River County • 1801 27"Street Vero Beach, FL 32960 Re: Indian River County vs. Laurel Homes, Inc. Proposed Settlement Dear Mr. DeBraal: This letter is written in support of a proposed settlement of this eminent domain lawsuit. At a mediation conference held on May IS. 2015. the parties agreed to a tentative settlement in the amount of $1.300,000.00. excluding attorney's lees and costs, subject to Board of County Commissioner approval. . Background The subject property (the "Property") has been owned by Laurel Homes. Inc. since 1989. Prior to the eminent domain acquisition. the Property was comprised of approximately 20.78 acres. The Property abuts and is directly south of l6th Street at the intersection of 66111 Avenue. The Property is bounded on its north, cast and south sides by canals and abuts, but is outside of. the County's Urban Service Area (USA). The Property has an agricultural zoning and land use designation. Water and sewer lines have been installed along 1611 Street. An aerial photograph depicting the Property and surrounding neighborhood is attached. In 2000. the County first contacted the property owners indicating a desire to acquire right-of-way needed for the extension of 66th1 Avenue. Over the next ten (10) years. the County periodically presented oilers to Laurel Homes to acquire the lands needed for the road project. The parties were unable to agree on a purchase price Dor the lands. 107 In 2011, the County initiated the eminent domain lawsuit to acquire the right-of-way to extend 66th Avenue southward through the Property. The effect of the acquisition was to bisect the Property. The acquisition included a 130 foot right of way for 66'x' Avenue (comprising 2.72 acres). a 25 foot permanent slope easement along the east side of the new right of way (comprising .46 acres) and an area for the construction of a retention pond at the south end of the Property (comprising .81 acres). Temporary construction easements were also acquired. Following the eminent domain taking, the eastern remainder of the Property consists of 5.89 acres and the western remainder consists of 11.36 acres. Sketches of the Property depicting the areas of taking and after taking conditions are attached. The County's appraisal of lull compensation for the lands taken and damages to the remainder is $745.000.00. The landowner's appraisal of full compensation for the lands taken and damages to the remainder is $1.552.000.00. plus interest from the date of taking for a total full compensation claim of$1,690.000.00. As will be discussed below. a significant factor in the difference in opinion between the appraisers is the highest and best use of the Property. Issues The County's land planner and appraiser consider the highest and best use of the Property to be agricultural with the opinion that it was unlikely that the County would expand its USA in order to permit a higher intensity use of the Property. The County's appraiser concluded that the most likely use for the property would be for some type of institutional development and utilized comparable sales accordingly. On the other hand. the experts obtained by the property owner are of the opinion that as of the date of taking there existed a reasonable probability that the zoning and land use of the Property could be amended to permit multi-family development and that the County would have expanded its USA accordingly. The appraiser for the property owner then relied on sales of multi-family properties in arriving at his opinion of value. Experts for both parties acknowledge that: 1) the acquisition by the County created an eastern remainder parcel that suffered a significant loss of utility due to its reduced size and configuration; 2) the acquisition of the road right-of-way and construction of 66th Avenue created the need for a substantial amount of additional fill in order to develop the remaining lands; and 3) the bisecting • of the property would result in substantially higher development costs. The appraiser and land planner on behalf of the property owner relied primarily on the following factors in support of their conclusion that there was a reasonable probability of rezoning. amended land use and expansion of the USA: 1. The proximity of the Property to commercial development along State Road 60: the proximity of the property to Indian River State College; and the residential zoning use of the property located directly north of the Property on the north side of and land p p P , 16'x' Street: and 2. The main relief canal (300 loot right of way) located along the south boundary of the Property natural huller between a residential use on the P y would create a logical and Property and agricultural uses to the south. Expanding the USA in this location would affect only two other properties that are located north or the main relief canal and cast • CALDWELL PACETTI EDWARDS SCHOECH aC VIATOR LLP 108 of the Pointe West development. The unique location of the Property being hounded on three sides by canals lends itself to a multi-family use: and 3. Existing development at Pointe West (located approximately mile west of the Property) already extends residential development south of 16° Street to the main relief canal. therefore. extending the USA south to the main relief crural would be consistent with this pattern of development. Additionally. there is only one vacant property between the Property and the Pointe West development that would he affected by a zoning and land use chanties of the Property. Conclusion In consideration of the above, it is my recommendation that the County appro\e the tentative settlement in the amount of $1.300,000.00. A jury trial in this matter would likely require a full week of trial. Expert costs. other trial expenses and the County's attorneys fees would be substantial and could easily exceed 5250.000.00. Al trial_ a jury is permitted to ward any amount between the highest and lowest opinions of value. However. in my experience. a jur\ rarely awards the high or low amount as full compensation but more typically ''splits the difference" to some extent. Given the complex and significant issues pertaining to zonin4g. land use uutd expansion of the USA, as well as issues pertaining to increased development cost; and a property owner who has been under the "threat of condemnation" for approximately 15 y.eats. I ilm of the opinion that settlement on the terms set forth above is in the best interests of the County. Sincerely yot. 'S - 1A1•► 11%illi am P. Donee. Esq. • \VPI)/stb CAE DAVE EL PAC1 TTI EDWvAR.DS SCHOECH & VIATOR LLP 109 • IRC vs. Laurel Homes (Parcels 16 / 16A) Exhibit C 2 - Aerial Map (After Take) Indian River County, FL V.rY ''. 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N \ AREA SUMMARY ,r_.„,..... ,-7.--1 1 • •/1,4 7 r\it, rr PARENT TRACT ., TAKING 016 2.72 AC <,) ._ -?4-.... (;;;;;;IN, I - I 71,17,A AREA OF WINO 016A ... 0.81 AC 1.• - -,.,...., :,,,,, 1 1, fll.'1;'/1 ...>\\\.;\ X.,, PE 16 R1GNT „kritu. ,,,,,v.. ... .......4„... ,- - e A*/I 1 • ':.--"' TOE 16 LEFT •,- 0.47 AC TOE 16A. .. 0.05 AC ..- :'.' ----1 c__Li.s0 •--f-.4-1.<4-.......Lt'l‘...._....:,'. -I ',C.S 15. r:,,.•.,t'ilf-a, gi, , st,;!v, ,,-,..gayt , A •y? ..... . 1 REMAINDER LEFT ... *11.36 AC <5••••-kj:56.1" 1. •---.7:'".<":-'-'::..;- ": REMAINDM 19011T *5.89 AC un DETAIL'A' ..••• *.- 1.1A,, .F. .... v CA ,----':--"-'' :>:; -,''''._,...•."'"' ti ' - 4 ;•!' ,,_ ,.--,,,,,..---.1.7...:-..-- -..-- • ,-.., -•,• R=8.5.10", , 1 :1,/, ,1,1 fl.o• 11,/" _ ' - 2.:•`,"":.---,......--"- '4, , • o Vt.15..E5V 7' '*••P''•,,t)* 9.A& 000. ..,..• ...,:', ,.?„,.. ...-f-_-•,;•?-• t'' .,/'' .*" ;41,111 • ,r,' .7.4‹,r.4'r.""K'•KELLY, -41,)3 11 ,_,,..!,-'51::::::„.•-•::,--"":„" IC-. ' -1;* •,••: coiunts a .t.:: ----:•1......-.' ":„..7: 1";°... - KCG.' 5 1.447' .....4,=,....‘ ..„ :„•,...._ .:Goo.ret.:rilv..:7„...... '3"-•• al. ,,„ ..... ,'-..:,:.-;.-• ,:,;-::: -.. 1.144, ___..:-", „......„.,4:4,, ..„,- __,.,.-. .-- .17.! ,...-,... .-•• . • PARENT TRACT & AREA TAKING 1 1:•,,,,.. ..,- PARCEL 016 8 ------ - - „--<::---- -. --<:- -:.--1:--,.----- ":---::>' - !;:'-'111 ;11:::/;--------;5:1-.'''' LAUREL HOMES a ------- - - —,-- _ IJ rt.......Ton INDIAN RIVER COUNTY --- .-- -- ...„..--''..7. -,.......-*"...;;;,:; ....... PROJECT: 6-6D4 AVENUE ..E. .,•-• ••;.", ..___,--'' .-----':'..-..- .- '...•;;;''. . -'."-..'''' i, :0.1 . -COUNTh INC4A.4 RIVER ..- ..- Pic._ It1:1 MO NO.: KCC JOB NO.: I;12°5.5015 fi. „,...• ,.• - ,..- ..-.:_,_...:... .....-!._i.-.. ...------ .1..L.A.73 a. ORme:aYt-ta . 04EEXED BY: WE DATE:06/16/13 0 • . , . . , --- - ----- N CM , NOTES CM 1 I. Pe 6 9K1,0 1.001 WSWP.tpgtm tT.o,.i.Wtw r!COMMNNrvPYBIiC.0.0. 'C VI C.M A>mul A! .I.X. 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I %. - 1232I COU-Ne& GENTRY.INC. .101 S S'{'t _`� AFTER CONDITION �. .�+ fit.. ;,i'.- ' `" ' 14 - PARCEL 028 / r LAUREL HOMES !,/' M.. ,/ I :: ...o.M r., INDIAN RIVER COUNTY " r-- f �- •C mOJECT 681N AYEIHUE .-.� ,j' CORM n arosAN RIVER ' r / r l7i a CFO Nat AtO$3 r 4- KW JOB N4 621416 fL �� ORAM4 9n CRP QIECNED Dn MC GATE:05/16/13 a % PUBLIC NOTICE In accordance with Section 5A(a)(1)(A) and (B) of the 1937 Housing Act, the Indian River County Board of County Commissioners Rental Assistance Department-Housing Choice Voucher (Section 8) Program has drafted their Five Year and Annual Year Plan FY 2016 — 2021, their HCV Administrative Policy and the Enterprise Income Verification Policy. The purpose of the Five Year/Annual Plan, Administrative Policy and Enterprise Income Verification Policy, is to give the public an opportunity to provide their comments regarding the proposed activities regarding the Indian River County Board of County Commissioners Housing Choice Voucher-Section 8 Programs mission for serving the needs of extremely and very low-income families in Indian River County and the strategy for addressing those needs. The effective date of the Plan and Policies will be October 1, 2015. This proposed Plan and Policies are available for public review for the required 45)day period starting May 1, 2015 through June 15, 2015. Copies of the Indian River County Five Year and Annual Plan, Housing Choice Voucher Administrative Plan and Enterprise Income Verification (EIV)policy may be reviewed at the Indian River County Annex Building, 1028 20th Place, Suite C, Vero Beach, Florida 32960; viewing hours are Tuesday, Wednesday and Thursday, 8:00 a.m. until 4:00 p.m. Please send written comments during the comment period to: IRC Rental Assistance Department, 1028 20th Place, Suite C, Vero Beach, Florida 32960, Attention: Robin Miller. A public hearing will be held on Tuesday, June 23, 2015, 9:00 a.m., or shortly after that time, at the Indian River County Board of County Commissioners Building 1801 27th Street, Vero Beach, Florida 32960. 113 CONSENT: June 16, 2015 Office of INDIAN RIVER COUNTY ATTORNEY a - Dylan Reingold,County Attorney William K.DeBraal,Deputy County Attorney Kate Pingolt Cotner,Assistant County Attorney MEMORANDUM TO: Board of County Commissioners FROM: William K. DeBraal—Deputy County Attorney I� / DATE: June 9,2015 YY�� SUBJECT: Escheated Property: Lot 1, Block 12,Tropical Village Estates, Unit 2 Indian River County recently became the legal owner of vacant property identified as Lot 1, Block 12, Tropical Village Estates, Unit 2, located in Fellsmere, Florida. The County became the owner by virtue of an Escheatment Tax Deed issued by the Clerk of Circuit Court and recorded in the public records on April 20,2015. The property was formerly owned by Miriam Ocampo. Ms.Ocampo contacted this office to inquire whether she was able to reacquire the property. Ms.Ocampo was informed that there is a provision under Section 197.592, Florida Statutes whereby the Board of County Commissioners may, at its discretion, convey the property back to the record fee simple owner, however before the Board could make such a determination, she was required to submit a signed letter detailing the necessary information required by law. Ms. Ocampo did submit the required information (copy attached) and, additionally she has delivered a cashier's check in the amount of$3,478.64 which represents all taxes, which had become delinquent, together with interest and costs, and omitted taxes calculated through June 30,2015. By receipt of these funds,the County and the various taxing authorities have, in essence, been made whole. Funding: There is no expenditure of funds with regard to the conveyance of the property to Ms.Ocampo. If the Board approves the conveyance,Ms.Ocampo will be responsible for the recordation fees associated with the conveyance. Additionally,if approved,the$3,478.64 will be sent to the Tax Collector's Office for disbursement to the various taxing authorities, including Indian River County. Recommendation: Staff recommends that the Board (1)approve the conveyance of the property back to the record fee simple owner (Miriam Ocampo); (2) authorize the Chairman to execute the attached County Deed; and (3)authorize the$3,478.64 to be sent to the Tax Collector's Office for disbursement to the various taxing authorities, including Indian River County. nhm attachments I^:an River Ca Appr• 'd Date r Admin. Approved for June 16,2015 BCCLegal ^_�O �► CONSENT Budget I/�'►�!�/�� Dept. �ef d BY Risk Mgr. COUNTY ATTORNEY - 114 INDIAN RIVER COUNTY RECEIVED BOARD OF COUNTY COMMISSIONERS JUN 0 5 2015 Tax Deed File Number: 2012-0009TD COUNTY ATTORNEY'S Tax Certificate Number: 2009-0227 OFFICE Property Identification Number: 31-37-00-00008-0120-00001.0 Property Location: Tropical Village Estates Unit 2 BL 12 1 PBI 5-65 Vero Beach,June 5, 2015 Dear Sir: I respectfully write this letter to you with the sole purpose of asking to consider returning the property above described that was originally in my name and that was recently confiscated because I had not paid the corresponding property taxes for a long period of time; This,off course,after having fulfilled my debt with Indian River County in full according to the law. • The property is located behind my house and is, in essence,the backyard of the same. Farther,soon the water service to the house will be installed by passing through this property. My house, fruits of many years of sacrifices and work, without its backyard would loose a good portion of its value since the areas around the house are extremely small and narrow. Being a single mother and grandmother and having to fulfill the needs of my large family by hard and continuous work made me forget about the taxes obligations for this property.This is not an excuse, off course,yet it is a fact that explains my negligence. Farther all notifications you sent me to collect never reached me because of my last three years continuous change of address. I,the signer of this letter, am actually living at the following address: Miriam Ocampo 1476 25th ct SW Vero Beach, FL 32962. Finally, all taxes including municipal taxes,interests and costs prescribed by the law have been defined in $ 3,478.64 and paid to Indian River County. Hoping you will understand my situation, forgive my error and return the property to me, I thank you,in the meanwhile for your attention on such an important matter for me. Miriam Ocampo 115 • -•• ' • . • • ,, . , . • • • . • • . . • •14 W,ITES4rEFt,:;!':'f.;!,c..„71.4;;....;.1},:.:-..f,,....;,'.-...i...':.::, ",':••':: '•. •,' ' 6s1„ilt • , . -,....-7--,--„,--,-...,:...i•-.. .',=,;. :;'':,: .''. 1 :'.--. , , .,..-J.F.-7\-!:'--- • ;,,,ii,./.a • . ,•• • . ,•.3,-..,.-5....,„)-:;-4-5.•.p.:,:.: 1'.:•-,•-•••-•',-. .•,,.. .,,.,...,•.,,k:::;,,,,....y.,.o...,,,..z.-,-.,--:,-,- IT •:' ,--- n'l to c„,'..i.,,,,, - -•r-'-•,...,:-4•2:•?:::-1,1:-,"4".,--,„'..7..;•'. ,. .,.:'••-*.,. :1,,I.!i-A-..,:,-10••,-....*2' ..-%;,,,,,,,........ ,,.-• ,, ,. , ., .....,.. 0..,. ... .. . . . I e ,.„„„,.......„.„...,„w4:7M"5-47iii.Ogs.q1151!'" ti'.%.,Age.:•,7!•:?..:'I'.:z!' 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' . . . • . • . • . - • .. 116 • • . • 3120150023776 RECORDED IN THE RECORDS OF JEFFREY R.SMITH,CLERK OF CIRCUIT COURT INDIAN RIVER CO FL BK: 2840 PG: 671,4/20/2015 3:02 PM Tax Deed File Number: 2012-0009TD Tax Certificate Number: 2009-0227 Property Identification Number: 31-37-00-00008-0120-00001.0 Escheatment Tax Deed State of Florida County of Indian River This Tax Deed is issued pursuant to Section 197.502(8), Florida Statutes,wherein three years have passed from the day'the subject land was offered for public sale and placed on the list of"lands available for taxes"in accordance with Section 197.502(7),Florida Statutes,without having been purchased. As provided in Section 197.502(8),Florida Statutes,the property has escheated to the County free and clear of any and all tax certificates,accrued taxes,and liens of any nature against the property shall be deemed canceled as a matter of law and of no further legal force and effect. Now on this 20th day of April , 2015 the undersigned Clerk conveys to Indian River County through its Board of County Commissioners,whose address is 1801 27th Street, Bldg A,Vero Beach,FL 32960,together with ail hereditaments,buildings,fixtures and improvements of any kind and description,the following legally described land situated in Indian River County, Florida: TROPICAL VILLAGE ESTATES UNIT 2 BLK 12 LOT 1 PBI 5-65 Property Assessed to: MIRIAM OCAMPO *-Proof of Publication and Certificate of Mailing attached. Jeffrey R.Smith, 4/3.1-Lan Indian River County Clerk of Circuit Court 8:;•‘:•,. (Witnes Brandon Y ng V c6 co Mar el1i cox Christie A.Price o (Witness) Donna Brooksp Deputy Clerk o �� State of Florida 'r. -ae.asoe`a. C County of Indian River ."- my1491' BEFORE ME,the undersigned notary public, personally appeared, Christie A. Price , Deputy Clerk for Jeffrey R.Smith, Clerk of the Circuit Court&Comptroller, in and for the State and this county,who is known to me to be the person described in,and who executed the foregoing instrument,and acknowledged the execution of this instrument to be of his own free act and deed for the uses and purposes therein mentioned. SWORN TO AND SUBSCRIBED BEFORE ME ON THIS 20th DAY OF April , 2015 . „e"utNt, MARYELLEN G SHORTLE /, • • MY COMMISSION#FF076745 �;....�; 2 M: Elle Shortie ;►a�dF EXPIRES December 11,2017 »«� NOTARY PUBLIC STATE OF FLORIDA AT LARGE (407)3984,53 FloridallotarySer Ice.com Prepared By: Christie Price,Supervisor,Recording Division,Tax Deed Specialist,2000 16th Avenue,Vero Beach,FL 32960 117 BK: 2840 PG: 672 JEFFREY K. BARTON �rA Clerk of the Circuit Court and Comptroller / ' P.O. Box 1028 i ,!' Vero Beach, FL 32961-1028 * pi!# Telephone: (772)770-5185 CERTIFICATE OF MAILING FILE NUMBER 2012-0009TD TAX CERTIFICATE NO 2009-0227 ISSUED ON 05/29/2009 CERTIFICATE HOLDER INDIAN RIVER COUNTY SALE DATE March 20, 201211:00 AM I HEREBY CERTIFY THAT I HAVE MAILED BY CERTIFIED AND/OR REGISTERED MAIL, A COPY OF THE FOREGONG NOTICE TO EACH OF THE FOLLOWING AT THE ADDRESS STATED ON THIS 3rd DAY OF FEBRUARY 2012. HERMAN D CRAWFORD, 4221 SE 28TH ST, OKEECHOBEE,FL 34974 ANNETTE MORRISON, P 0 BOX 1429, CLEWISTON, FL 33440 HERMAN CRAWFORD, 4221 SE 8TH ST, OKEECHOBEE,FL 34974 LUCILLE W CRAWFORD, 4221 SE 8TH ST, OKEECHOBEE, FL 34974 ANNETTE CARROLL, 9436 126TH CT, FELLSMERE, FL 32948 JIMMY R CONNEU, 9436 126TH CT, FELLSMERE, FL 32948 COASTAL TITLE SERVICES INC, 1701 HWYAIA STE 206, VERO BEACH, FL 32963 ANNETTE CARROLL MORRISON,FKA ANNETTE CARROLL,312 KILPATRICK LP, CLEWISTON, FL 33440 JIMMY R CONNELL, 185 HICKORY ST, OLD TOWN,FL 32680 MIRIAM OCAMPO, 12635 CR 512, FELLSMERE,FL 32948 MIRIAN OCAMPO, 9446 125TH DR, FELLSMERE, FL 32948 MIRIAN OCAMPO, 189 BROADWAY ST, FELLSMERE, FL 32948 MIRHIAM OCAMPO, P 0 BOX 137, FELLSMERE,FL 32948 KARL L ZIMMERMANN, P 0 BOX 643626, VERO BEACH,FL 329643626 GL FUNDING LIMITED, 14901 QUORUM DR, STE 900, DALLAS,TX 75254 MIRIAM OCAMPO, 9445 126TH AVE, FELLSMERE,FL 32948 LEONARD G MANKOWSKI, NO ADDRESS LISTED ON TC CERT, , , HERMAN CRAWFORD, 1001 NE 22ND ST, BELLE GLADE, FL 33430 LUCILLE W CRAWFORD, 1001 NE 22ND ST, BELLE GLADE,FL 33430 PROFESSIONAL TITLE OF IR INC, P 0 BOX 1780, SEBASTIAN,FL 32958 WITNESS MY HAND OFFICIALLY AND THE SEAL OF MY OFFICE AT THE COURTHOUSE IN VERC BEACH, FLORIDA THIS 3rd DAY OF FEBRUARY 2012. JEFFERY K. BARTON t0;" �. CLERK OF THE CIRCUIT COURT AND COMPTROLLER J� ovum/ �,% OF INDIAN RIVER, FLORIDA ft c. tip 1 BY 1 1 _ - i CHRISTIE A. KLOCK, DEPUTY CLERK N/IINI00 118 • BK: 2840 PG: 673 - ��� mSCRIPPS TREASURE COAST NEWSPAPERS Indian River Press Journal 1801 U.S. 1, Vero Beach, FL 32960 SCRIPPS AFFIDAVIT OF PUBLICATION STATE OF FLORIDA COUNTY OF INDIAN RIVER Before the undersigned authority personally appeared,Sherri Cipriani,who on oath says that she is Classified Inside Sales Manager of the Indian River Press Journal,a daily newspaper published at Vero Beach in Indian River County,Florida:that the attached copy of advertisement was publshed in the Indian River Press Journal in the following issues below. Affiant further says that the said Indian River Press Journal is a newspaper published In Vero Beach In said Indian River County,Florida,end that said newspaper has heretofore been continuously published In said Indian River County,Florida,daily and distributed in Indian River County,Florida,for a period of one year next preceding the first publication of the attached copy of advertisement: and affiant further says that she has neither paid or promised any person,firm or corporation any discount,rebate,commission or refund for the purpose of securing this advertisement for publication in the said newspaper.The Indian River Press Journal has been entered as Periodical Matter at the Post Offices In Vero Beach,Indian River County,Florida and has been for a period of one year next preceding the first publication of the attached copy of advertisement. Ad Pub Customer • Number Date Copvline PO# • CLERK OF THE CIRCUIT COURT 2362363 2/1/2012 TAX DEED 2012-0009 OCAMPO CLERK OF THE CIRCUIT COURT 2/8/2012 CLERK OF THE CIRCUIT COURT 2/15/2012 • NEWSPAPER E-Sheet® CLERK OF THE CIRCUIT COURT 2/22/2012 LEGAL NOTICE ATTACHED ********************* DO NOT SEPARATE PAGES Swot d subscribed fore me,this day of, February 22, 2012, byt/L ` J L , who is Sherri Cipriani J J /� [personally known to me or O R I G I N A L [ ] who hasduced as identification. __-----,rr ( b it • Mary T. Byrne Notary Public /101:"4":. MARY T BYRNE Nip • Notary(Public•SWo of Florida My Corton.Enpkaa Mi2,2014 ' ;4; Cotlwbtllat i EE 7131 119 • • • to Ad Number: 2362363 Client Name: /PO#2012-0009 OCAMPO - E Scripps Treasure Coast Newspapers Insertion Number: Advertiser: CLERK OF THE CIRCUIT COURT - News/Press-Tribune •Jupiter Courier • Sebastian Sun Size: 1 x 103 Section/Page/Zone: 1/101/Indian River Press Journal 0 Publication Date: 02/22/2012 Color Type: B&W Description: NOTICE OF APPLICATIO Z2 This E-Sheet(R)Is provided as conclusive evidence that the ad appeared in Treasure Coast News/Press-Tribune on the date and page Indicated.You may not create derivative works,or In any way exploit or repurpose any content. >< i 73;1' �$ $° � �' : ss ¢ - - £ :` ? e rgr:� '$-r Fi p -: : t r =_ s gxo ¢ ' itiI! IliuI1I �fi$ y gi ¢ 4 : 1Itdfie$ . $ ip . NWW j$ Ig; V - ta�ti 1 3 g s a< s: { #i p _mi ,zi Y Zsi gs ... ,f€ 1$+? . a 1 S 4.14.,011 . !II? '¢ tt�. 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I✓ N 0 This document was prepared by: Indian River County Attorney's Office 1801 27th Street Vero Beach, FL 32960 (772) 226-1425 • COUNTY DEED INDIAN RIVER COUNTY, FLORIDA THIS DEED, made this day of June, 2015, by INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida, whose mailing address is 1801 27th Street, Vero Beach, Florida 32960, party of the first part, and MIRIAM OCAMPO, whose mailing address is 1476 25th Court, SW, Vero Beach, Florida 32962, party of the second part. WITNESSETH that the said party of the first part, for and in consideration of the sum of Three Thousand Four Hundred Seventy-Eight and 641100 Dollars ($3,478.64) to it in hand paid by the party of the second part, receipt whereof is hereby acknowledged, in accordance with Section 197,592(1), Florida Statutes, has granted, bargained and sold to the party of the second part, its successors, heirs and assigns forever, the following described land lying and • being in Indian River County, Florida: Lot 1, Block 12, TROPICAL VILLALGE ESTATES, UNIT 2, according to the Plat filed in the Office of the Clerk of the Circuit Court in Plat Book 5, Page 65, Public Records of Indian River County, Florida. IN WITNESS WHEREOF the said party of the first part has caused these presents to be executed in its name by its Board of County Commissioners, acting by the Chairman of said Board, the day and year aforesaid. INDIAN RIVER COUNTY, FLORIDA By its Board of County Commissioners Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: By: Deputy Clerk Wesley S. Davis, Chairman BCC approved: APPROVED AS TO (Official Seal) FORM ANDL • S F • z,:.„n4 / 17 ay WILLIAM .. ;• • ITY COMM ATTORNEY 121 71) Consent Agenda-B.C.C. 6.16.15 .v Office of Q -` INDIAN RIVER COUNTY { ATTORNEY • Dylan Reingold,County Attorney William K.DeBraal,Deputy County Attorney Kate Pingolt Cotner,Assistant County Attorney MEMORANDUM TO: Board of County Commissioners • FROM: Dylan Reingold, County Attorney �\ DATE: June 3, 2015 SUBJECT: Revised and Restated Joint Fiber Optics Project Interlocal Agreement BACKGROUND In 1999, the City of Vero Beach, the Indian River County School Board and Indian River County entered into the Joint Fiber Optics Project Interlocal Agreement establishing a combined fiber optics network throughout the City of Vero Beach and Indian River County for the transmission of voice and data. This fiber optics network primarily serves the communication needs of the three parties but the use of unused or "dark" fiber has been and can be licensed to other parties. Indian River Co. A t . oved Date Admin. 6 /i �5A Approved for June 2,2015 BCC Meeting Consent Agenda Co.Atty. /; _.+( IS �' Budget �� q Department Risk Management --- --- COUNTY ATTORNEY F.UttomrylLindAIGENER9LIB C CLlgend,AfemosIPoArr Consortium Agnrement doc 122 Board of County Commissioners June 3. 2015 Page Two • • Staff involved with the fiber optics network for the three parties recognized the need to update and revise the Joint Fiber Optics Project Interlocal Agreement. Over the past two years the staffs of the three parties have worked together in drafting the attached proposed Revised and Restated Joint Fiber Optics Project Interlocal Agreement which improves and clarifies various provisions and comports with the needs of the three parties for governing the expansion, operation, maintenance, and management of the fiber optics network. The proposed Revised and Restated Joint Fiber Optics Project Interlocal Agreement continues to govern the operation of the fiber optics network but updates and modifies many of the provisions for clarity and consistency. The revised agreement continues to provide for maintenance and expansion of the network, sharing of costs and revenue, licensing of dark fiber, disposition of a member's interest in all or portions of the network, and other network matters. The attached proposed Revised and Restated Joint Fiber Optics Project Interlocal Agreement has been reviewed and approved by the staff and legal counsel for all three parties and was approved by the City of Vero Beach City Council on May 19, 2015. The Indian River County School Board will consider the proposed Revised and Restated Joint Fiber Optics Project Interlocal Agreement at its meeting scheduled for May 26, 2015. FUNDING Funding for the County's portion of operating and maintenance costs associated with the fiber optics network is provided by the M.S.T.U. Fund. Infrastructure/capital costs are typically funded from Optional Sales Tax. The County's portion of the recording fee for this item ($62.83) will be funded from the General Fund/County Attorney's Office/Recording Fees account(00110214-034830). RECOMMENDATION The County Attorney recommends that the Board approve the proposed Revised and Restated Joint Fiber Optics Project Interlocal Agreement and authorize the Chairman of the Board to execute any documents necessary to effectuate the Revised and Restated Joint Fiber Optics Project Interlocal Agreement. ATTACHMENT(S). Revised and Restated Joint Fiber Optics Project Interlocal Agreement IAtta neyVJnd.tGENERALIB C ClAttenda MentneWthrr Conant-num Agreement.dem 123 Return to: City Attorney City of Vero Beach Courthouse Box 40 P.O.Box 1389 Vero Beach.FL 32961-1389 REVISED AND RESTATED JOINT FIBER OPTICS PROJECT INTERLOCAL AGREEMENT This Revised and Restated Joint Fiber Optics Project Interlocal Agreement ("Agreement") is made and entered into as of the I y v' day of 2015 ("Effective Date") by and among the School Board of Indian R1r County, Florida ("School District"), Indian River County ("County"), and the City of Vero Beach ("City"). The School District, County, and City are also referred to individually herein as a "member" and collectively as "members" or the "CONSORTIUM." WHEREAS, the individual members of the CONSORTIUM previously recognized the need for a fiber optics network joining their facilities throughout the City of Vero Beach and Indian River County for the transmission of voice and data; and WHEREAS, recognizing this need and the ability of cities, counties, and school districts to enter into interlocal agreements pursuant to section 163.01, Florida Statutes, in order to make the most efficient use of their respective powers for their mutual advantage, the CONSORTIUM entered into that certain Joint Fiber Optics Project Interlocal Agreement in 1999 ("1999 Agreement") which established joint use of a fiber optics network by the members and established policies for its use; and WHEREAS, the members continue to have a demonstrated need for a fiber optics network and each member owns and maintains certain assets which render such a network cost-effective and beneficial for the members; and WHEREAS, the members desire to revise and restate the 1999 Agreement in order to update its terms as set forth herein, NOW, THEREFORE, in consideration of the mutual covenants herein contained and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the members agree as follows: SECTION 1. Mission Statement. The purpose of this Agreement is to create and maintain a fiber optics network that can be utilized for the mutual benefit of the CONSORTIUM to provide communications cost- effectively and/or new applications which are not possible without the development and maintenance of such a network and to provide the policies and terms for use and maintenance of the network. Page 1 of 19 2015.2.06.Edited.Fiber Optic AgreementCLEAN.doc 124 SECTION 2. Definitions. Fiber Optics Network("NETWORK") -The cable, associated fibers, splice enclosures, and all other related equipment located throughout Indian River County constructed, installed, and maintained by the members for use by one or more members and authorized third-parties. License Agreement — An agreement entered into by one or more members with another member or a third-party for use of NETWORK fiber/facilities by such other member or third-party. Licensee — A member or third-party authorized to use NETWORK fiber/facilities pursuant to a License Agreement. Reconciliation — Dissemination and sharing of sectionalization, ownership, and locational information; discussion of administration, operations, and maintenance of the NETWORK; discussion of fiber licensing and License Agreements; reconciliation of funds owed to or by each member(s); and discussion of other pertinent topics concerning the NETWORK by the respective Staff of each member. Staff— The employee(s) of each respective member charged by such member with the duties of day-to-day administration and operations associated with the NETWORK for such member. SECTION 3. NETWORK Administration. Staff shall be responsible for the routine, day-to-day administration of the NETWORK and Reconciliation whenever there are additions or deletions to the NETWORK or transfer of ownership of any part of the NETWORK, entering into License Agreements, or otherwise at least annually by June 30 of each year. The governing body of each member shall retain authority for final approval (pursuant to its own policies and procedures) of: (a) its anticipated purchases related to the NETWORK; (b) any contracts and agreements for the development, operation, maintenance, or use of the NETWORK, such as, but not limited to, construction, maintenance or service contracts; attachment agreements; license agreements; or leases; (c) each Reconciliation; (d) sale of the member's ownership or other interest in the NETWORK or any portion thereof; and (e) election to abandon any portion of the NETWORK or to withdraw from or terminate this Agreement. SECTION 4. Ownership of NETWORK and Licensing to Members. The NETWORK shall be jointly owned by all members to the extent that they have contributed funding for a specific number of fibers during the initial or subsequent construction. Each member's ownership percentage in the NETWORK shall vary according to the percentage of fibers it has funded or otherwise purchased in each section of the NETWORK according to the sectionalization of the NETWORK as provided for herein. Each member shall keep accurate records of its ownership interests and asset locations in the NETWORK and shall report on and provide said records to Page 2 of 19 2015.2.06.Edited.Fiber Optic Agreement.CLEAN.doc 125 • the other members at each Reconciliation in order to reconcile each member's ownershipof the NETWORK, provide consistencymembers' in the records, and to ensure compliance with applicable rules, regulations, laws, and policies governing the custody and accountability of public assets. Each member shall take appropriate steps to protect information regarding the NETWORK and not divulge critical infrastructure information to non-essential third-parties as is provided for in the Code of Federal Regulations, Title 6, Domestic Security, Part 29, Protected Critical Infrastructure Information, and as is exempted from disclosure under Florida's public records law in Florida Statutes Chapter 119.071(3)(a). A member may sell all or a portion of its ownership interest in the NETWORK or specific fiber(s) to one or more other members. Any such sale shall be only in full section increments consistent with the most recent sectionalization or, if necessary due to changes, an updated sectionalization pursuant to a new Reconciliation. The purchase price for such ownership interest in the NETWORK or specific fiber(s) shall be calculated pursuant to the total cost to the selling member for the ownership interest being sold, including original installation plus subsequent investment. The method and timing of payment of compensation for such transferred ownership interest shall be as agreed by the affected members. Upon full payment to the selling member for the fiber sold, the apportionment of member ownership in each affected section shall be adjusted by Reconciliation to appropriately reflect the transfer in ownership. Thereafter, all calculations regarding apportionment of revenue and expenses shall be based on the recalculated percentage of ownership of each member. As an alternative to sale and transfer of ownership, a member may enter into a License Agreement for use of its fiber by one or more other members where such members do not have a fiber ownership interest in a particular section sufficient for the member's needs. The terms of any such License Agreement shall be as agreed between the affected members. Whenever such licensed fiber is to be retired or replaced, the member(s) using the licensed fiber shall be provided an opportunity to participate in the fiber replacement or to assume ownership of the fiber to be retired as agreed between the affected members. SECTION 5. Contribution of Use of Member Assets. In order to make the NETWORK a financially feasible project, the members recognize the need to provide without charge to other members the use of certain existing infrastructure and assets for NETWORK establishment and operation. Such assets shall include but are not limited to member-owned utility poles and related assets, conduit crossing various roadways, and publicly dedicated rights-of-way within the jurisdiction of and maintained by members. Infrastructure owned by a single member shall not under any circumstances become or be deemed property owned by the CONSORTIUM or jointly-owned by its members, except as may be otherwise provided in this Agreement and agreed between or among the governing bodies of each member. Upon the termination of participation or withdrawal of a member from this Agreement, any such infrastructure or assets of the terminating/withdrawing member the use of Page 3 of 19 20152.06.Edited.Fiber Optic Agreement.CLEAN.doc 126 which was contributed to the NETWORK shall remain in service if continuation is necessary for the NETWORK. However, the withdrawing member may charge for use of such assets, which charges .shall be consistent with the amount charged similar customers for like usage. Such costs shall be paid by the remaining members in proportion to their revised ownership interest in the NETWORK. Notwithstanding the foregoing or any other provision of this Agreement, any member may, in its sole discretion, sell or dispose of all or any part its infrastructure or assets the use of which was contributed to the NETWORK so long as such sale or disposal shall not cause an interruption in operation or use of the NETWORK. However, the disposition of a member's assets to a third-party which results in the institution of charges to the CONSORTIUM or any member for use of such assets shall not be deemed an interruption in operation or use of the NETWORK and shall be permitted. SECTION 6. NETWORK Use. Each member may use its NETWORK fibers for any purpose and in any manner it desires so long as such use does not interfere with the fair and reasonable use of the NETWORK by the other members and licensed third-parties, individually or collectively. Nothing in this Agreement shall preclude a member from licensing its own fiber or capacity to third-parties so long as it is in accordance with all applicable laws and regulations and not in conflict with this Agreement. SECTION 7. Sectionalization, Apportionment, and Fiber Allocation. A. Sectionalization and Apportionment. In addition to the other reporting requirements provided herein, in order to accurately apportion the revenues that may be derived from the NETWORK, as well as the costs associated with its operation and maintenance, each unique section of the NETWORK shall be identified with information that will enable determination of the proportion of each member's ownership interest in the NETWORK and each member's corresponding percentage share in revenues and costs. The distance measurement to be used for apportionment shall be Fiber KiloFeet (FKF). The apportionment of member ownership in a NETWORK section shall be based on the number of fibers each member owns in the particular section. At Reconciliation, a unique section shall be assigned or appropriately modified for each portion of the NETWORK whenever there has been a change in the size, year of placement, structure, or ownership from the preceding Reconciliation. Unless otherwise agreed by Staff, miscellaneous items associated with a section, minor variations within the section, or minor changes made to the section after it is originally established need not be a consideration in the identification of sections. For example, if in 1999 a particular span of 36 fiber cable placed in 1985 is damaged and that one span of fiber optic cable is replaced with a piece of 72 fiber cable that was available on hand, the appropriate footage, year of placement, method of placement, size, etc. for such Page 4 of 19 2015.2.06.Edited.Fiber Optic Agreement.CLEAN.doc 127 replacement may be recorded in the NETWORK location records, but it will not be absolutely necessary to re-sectionalize the NETWORK to account for that one span that is modified. If, however, changes of a significant nature are made to a section of the NETWORK, it may be advantageous to re-sectionalize that portion of the NETWORK. For example, if a large office complex is being established midway in one of the sections of the NETWORK and two thousand five hundred feet (2,500') of the pole line supporting the fiber optic cable will have to be placed closer to the office complex property line and it is determined that one of the customers in the complex will be leasing fiber so the size of the fiber optic cable is increased from thirty-six (36) to seventy-two (72) fibers, then a new section of NETWORK should be established and the old section of the NETWORK that has now been divided will be adjusted appropriately. The purpose of the sectionalization and apportionment process is for planning, routing, and cost/revenue sharing and is not meant to be an accounting tool for property records or tax purposes. A list of parameters for designating a section of NETWORK is attached as Appendix "A" and incorporated herein. B. Fiber Allocation. Whenever a third-party desires to license the use of any portion of the NETWORK, the fibers to be used by the potential Licensee pursuant to the License Agreement shall be in the same proportion as those owned by each member in the particular section(s) of the NETWORK to be licensed. For example, where a potential Licensee desires to lease twelve (12) fibers of a seventy-two (72) fiber cable in a NETWORK section, of which one member owns thirty-six (36) fibers and the other two members each own eighteen (18) fibers and assuming all three members have fiber available that they are willingto license, six (6) of such first member's fibers would be used and three (3) each of the other two member's fiber would be used for licensing. If a member does not wish to participate in a License Agreement, such non- participating member's proportion of fiber owned shall be disregarded in determining the quantity of participating members' fibers to be used by the Licensee pursuant to the License Agreement. In the example above, should a member owning eighteen (18) fibers not wish to license any of its fibers, then the total fiber count in the section to be considered would be reduced to fifty-four (54) after deducting such non-participating member's eighteen (18) fibers. In such instance, and assuming the capacity is available, eight (8) fibers from the member owning thirty-six (36) fibers and four (4) from the other member's eighteen (18) fibers would be used for licensing. Likewise, should a member desire to limit its participation to a lesser number of fibers, the number of each participating member's fibers used for the License Agreement may be adjusted accordingly. Page 5 of 19 2015.2.06.Edited.Fiber Optic Agreement.CLEAN.doc 128 Should a member license any portion of its fibers to a third-party and subsequently develop its own needs for additional fiber or its needs otherwise increase, that member may license fiber from other members for its use as provided in this Agreement, assuming the availability of necessary fiber and the absence of alternatives to meet the demand of the member in need of the additional fiber. A member may also purchase as provided herein the needed fiber from another member willing to sell such fiber. SECTION 8. Record Keeping In addition to the other reporting requirements provided herein, each member shall be responsible for keeping records of additions to the NETWORK and payments made by the member for extensions, expansions, repairs, and maintenance to the NETWORK. A joint GIS record system shall be maintained by the County and, until direct access to the records system can be provided to the members, paper maps and Compact Discs of such GIS records shall be provided to the members by the County as reasonably requested. GPS location points will be provided by members for inclusion on the maps as requested by members. Each member shall pay, pursuant to section 9 regarding cost sharing, their fair share of the costs (e.g., contractor, material, duplicating costs) incurred in development and maintenance of the GIS record system and providing data to members, as well as expenses for enhancements to the record system for the purposes and benefit of the NETWORK and CONSORTIUM beyond the basic system which has been developed by the County, as such enhancement expenses may be approved by the members' governing bodies. However, whenever possible, the County shall use existing CONSORTIUM resources coordinated with the other members in order to avoid third-party costs. Expansion of the GIS record system (e.g., member direct access) may require that each member provide its own equipment to connect directly to a shared server. The GIS record system shall contain distance, location, ownership, construction method, address, and other pertinent information and data as can be reasonably and cost-effectively gathered. Hyper-linking of photographs and assignment information to enhance maintenance and administration of the NETWORK is possible and each member may provide the detail and data for inclusion that each member desires. SECTION 9. Cost Sharing. The actual costs of planning, designing, installing, repairing, and maintaining the NETWORK, including, but not limited to, the total cost of labor and materials, including fiber optics cable and equipment, shall be shared among the members in accordance with the sectionalization and ownership interest apportionment in the affected portion(s) or section(s) of the NETWORK as provided in Sections 4 and 7. This cost sharing arrangement shall be used whether such costs are incurred internally by one or more members or through a contractual agreement between a third-party vendor and one or more members. However, consideration shall be given for adjustment of each affected member's proportionate share of costs when the needs of only one or two affected members require the repairs or replacement to be accomplished other than during normal business hours (e.g., repair is needed at night or on weekends) at additional or increased costs while repairs to meet the needs of the other affected member(s) could Page 6 of 19 20152.06.Edited.Fiber Optic Agreement.CLEAN.doc 129 be delayed. No member shall be required to share in the costs of any section of the NETWORK in which such member does not have any ownership interest. All costs of connecting a member's facility to the NETWORK shall be paid by such member. Such costs include, but are not limited to, the drop from the NETWORK to the facility, all materials and equipment necessary to connect to and utilize the NETWORK for the intended purpose of the member, and all associated labor costs. In any instance where the connection to a member's facility could result in a benefit to other members, such other members may elect to participate in the connection and pay their proportionate share of the costs. For example, extending a new fiber into a member's facility to develop a strategic cross-connect location could potentially benefit more than just that member and the costs may be shared based on the proportion of the cross- connect benefit and corresponding expense attributable to the other member as agreed by the affected members. Periodically, other operational expenses such as franchise fees, taxes, pole attachment charges, metered usages, engineering, record keeping, marketing, legal fees, accounting, and billing shall be reviewed by the members' Staff and, if necessary, any needed addendum or amendment to this Agreement may be prepared and presented to the governing body of each member for consideration. In addition, amendments to this Agreement are contemplated as new situations or changes in law are encountered. Each revision shall be subject to review and approval of each member's governing body. Whenever an individual member contracts with any third-party for services to the NETWORK benefiting only that member, such contracting member shall be solely responsible for paying the third-party for the services. In such instance, the non- contracting members shall not be responsible or held liable for payment to such third- party and the contracting member shall indemnify and hold the non-contracting members harmless for the expenditure. Should circumstances dictate that one member will contract for work or services for the NETWORK that will benefit other members and the affected members, through their Staff or their governing body depending upon their respective purchasing authority, approve of such contract, the costs of such work or services shall be shared between the affected members in accordance with the sectionalization and ownership apportionment of the NETWORK as provided herein and consideration of the proportion of benefit to each affected member. Notwithstanding the foregoing, affected members shall have the option of being included as a party to any such contracts for work or services for the NETWORK. SECTION 10. Upgrade Expenses. Whenever upgrades to the NETWORK are required for its continued usefulness, all affected members shall approve any expenditure and share the associated expense in the same proportions as their ownership interest in the affected portion(s) or section(s) of the NETWORK. Page 7 of 19 2015.2.06.Edited.Fiber Optic Agreement.CLEAN.doc 130 SECTION 11. Taxes, Assessments and Charges. Except as otherwise provided herein, no member shall tax, assess, or charge any other member for any routine, recurring assessment, fee, or charge arising from ownership, operation, or use of the NETWORK or any portion of the NETWORK, such as but not limited to, license fees, fees for pole attachments or use of rights-of-way, or franchise fees, unless otherwise agreed in writing by the affected member(s) or as may be required by current or future law or other pertinent regulation. Each member shall pay when due its share, determined in accordance with the sectionalization and ownership apportionment of the NETWORK as provided herein, of any and all NETWORK taxes, assessments, fees, and charges of any kind whatsoever lawfully levied or assessed. The total of any such payments may be remitted by one member on behalf of the CONSORTIUM upon agreement among the members, with reimbursement from the other members for their respective share. All taxes, assessments,s essments fees, and charges shall bepaid bythe members in accordance 9 with the cost sharing provisions of this Agreement, except to the extent that the taxes, assessments, fees, and charges are paid or reimbursed by a third-party. SECTION 12. Revenue Sharing. As optical fibers or services of the NETWORK are licensed to third-parties, the revenue from such licensing shall be shared by the members in a logical, fair, and reasonable manner calculated by using the data for the percentage of each member's ownership interest in the NETWORK sections and facilities through which the licensed fiber or service travels. Such revenues shall be collected by the licensing or designated member and routinely distributed to the appropriate members. Distribution shall be as funds are received or as otherwise agreed between the affected members. The revenue apportionment among the members shall be determined when a License Agreement is established and thereafter as may be adjusted at Reconciliation. SECTION 13. Payments. A. Payments to Members. Any payments due a member by another member shall be paid pursuant to the Florida Local Government Prompt Payment Act. B. Payments to Contractors. If a third-party contractor is used for the installation or maintenance of any portion of the NETWORK, final payment shall not be made to the contractor until as-built drawings, test results, or report from the contracting member(s) has been reviewed and approved by all affected members. Failure by any affected member to object or otherwise respond within thirty (30) days of receipt of the drawings or such reports by the member shall be deemed to be an approval of same by the non-responding member Page 8 of 19 20152.06.Edited.Fiber Optic AgreementCLEAN.doc 131 C. Payment of Recurring Bills. As the CONSORTIUM becomes responsible for recurring assessments such as franchise fees, taxes, pole attachment charges, metered usages, and the like, the members' Staff shall coordinate and assign one member the task of paying such assessments as they become due. The paying member shall be reimbursed, minus its obligated share, by the other members at Reconciliation. SECTION 14. Licensing to Third-Parties. This provision recognizes the excess capacity of the NETWORK, the growing demand for the use of such facilities by public and private entities, and the need to establish revenue sources for the recovery of expenses related to the installation and maintenance of the NETWORK. In addition, this provision provides for licensing to third-parties the use of the NETWORK cable casing for purposes of electric utility system grounding. Any member may enter into a License Agreement with one or more third-parties for use of that member's NETWORK fiber and/or facilities. License Agreements that contemplate the use of fiber or facilities of more than one member shall include all affected members as parties. License Agreements shall not contain provisions that would result in impairment of normal NETWORK operation. Final approval and execution of License Agreements shall be by each affected member's governing body. Unless provided otherwise in the License Agreement, the primary contact member dealing with a third-party regarding licensing shall be responsible for the negotiations, maintaining, and administering the License Agreement, as well as collecting payments due from the Licensee. In addition to fiber License Agreements, members are authorized to enter into License Agreements for use of the NETWORK cable casing and other facilities by third-parties for purposes of electric utility system grounding. Any costs associated with the connection of a Licensee's facilities to the NETWORK shall be governed by the License Agreement with consideration of the negotiated license fees, term length, and fiber quantity licensed. Sub-licensing of fiber or other facilities by a Licensee shall only be permitted following submission of the proposal to and approval by the governing body of the licensing member(s). Such proposal shall include all information requested by the licensing members, including, but not limited to, the identity of the proposed sub-licensee, the nature of the proposed NETWORK use, and the location and nature of the connection(s). Revenue derived from all License Agreements shall be shared by the members in accordance with the sectionalization and ownership apportionment of the NETWORK as provided herein. Page 9 of 19 2015.2.06.Edited.Fiber Optic Agreement.CLEAN.doc 132 Members entering into agreements with third-parties shall be solely responsible for any and all obligations contained in such agreements and nothing in any third-party agreement shall be binding or enforceable against any other member unless such member is a party to such agreement and consents to such obligation. SECTION 15. Modifications to NETWORK. Should the planned activities of a member require NETWORK upgrades or modifications to accommodate such member's use of the NETWORK, that member shall be solely responsible for all costs associated with such upgrades and modifications, except to the extent any other member(s) agree to participate in a cost- sharing arrangement for the upgrades or modifications. Any member proposing a NETWORK upgrade or modification, including but not limited to, any new connection, shall notify and submit all applicable construction documents to the other members at least thirty (30) calendar days prior to the date construction activities are expected to commence. The other members shall review the proposal as soon as practicable and promptly provide comments, if any, on the proposed upgrade and modification to the proposing member. Whenever a member plans to extend a fiber optic cable the other members shall be provided the option to participate in the project unless the proposing member requires 100% usage of such fiber extension. If other members elect to participate in the fiber extension, the construction costs shall be shared by all participating members based on the proportionate ownership share in such fiber extension to be assigned to each member. Any NETWORK upgrades, modifications, or connections that may cause disruption or interference of NETWORK service shall be coordinated with the other members and any affected Licensees such that the work is performed at a time so as to minimize disruption and interference of NETWORK service. SECTION 16. Relocation of NETWORK. If relocation of any portion of the NETWORK is required by a member, all expenses of such relocation, including but not limited to engineering, construction, materials, and labor, shall be borne by the member requiring the relocation, except to the extent that another member may agree to participate in such relocation for their own benefit. If relocation of any portion of the NETWORK is required by a third-party (e.g., Florida Department of Transportation or other governmental agency or public utility doing work in the rights-of-way), the net expenses of such relocation, including but not limited to engineering, construction, materials, and labor, shall be shared by the affected members pursuant to the expense sharing provisions of this Agreement after deduction for all applicable payments, reimbursements, allowances, and credits given or made for such NETWORK relocation by any third-party. SECTION 17. Construction Locates. The City shall add any underground portions of the NETWORK within its utility service areas (electric, water, and wastewater) to its membership in Sunshine 811. The County Page 10 of 19 20152.06.Edited.Fibcr Optic Agreement.CLEAN.doc 133 shall add all other areas of the NETWORK to its membership in said organization. In accordance with procedures established by Sunshine 811, the City and County shall receive requests for locates and perform, or cause the performance of, the associated work necessary to determine the location of such underground portions of the NETWORK. The members shall cooperate to develop and maintain a current map depicting which member will be responsible for locates in the various sections of the NETWORK. If damage occurs to the NETWORK, the net costs to repair the damage shall be shared by the affected members in accordance with the cost sharing, provisions of this Agreement after deduction for all payments, reimbursements, allowances, and credits given or made by any third-party causing or responsible for the damage. Members shall not be entitled to payment from each other for damages to the NETWORK due to inaccurate or inadequate locates. Any costs to repair damage to the NETWORK caused by work performed by or for a member notwithstanding an accurate locate shall be the sole responsibility of that member. SECTION 18. Grants. Should a member receive grant funds to assist with the construction or maintenance of the NETWORK, any provisions, limitations or restrictions associated with the grant(s) shall not affect or apply to the other members not a party to the grant. In addition, no grant provisions, limitations, or restrictions shall in any way affect the ownership interests of the other members in the NETWORK or restrict or affect the intended use of the NETWORK by the other members or Licensees. Should a member submit an application for grant funding associated with the NETWORK and such application requires the concurrence of the other members, such concurrence shall not be unreasonably withheld so long as such concurrence does not limit, restrict, or in any way affect ownership or use of the NETWORK by the member providing its concurrence and such concurrence does not subject or extend any requirements, provisions, or liability'associated with the grant application to the member providing its concurrence. Whenever application is proposed by a member for a grant which will or can benefit one or more other members, such other members shall have the option to become a co-applicant and participant for the grant unless doing so would detrimentally affect the likelihood of approval. Members not participating in a grant shall not be liable in any manner whatsoever for repayment of grant funds which have been received by a member. The member receiving such a grant(s) associated with the NETWORK shall be solely responsible for satisfying any and all reporting requirements associated with the receipt of such grant funds, submittal of any and all documentation necessary for reimbursement of expenses under any associated grant agreement, and repayment of any grant funds received by such member that are required by the granting agency to be repaid for whatever reason, unless otherwise agreed by the other members. Page 11of19 2015.2.06.Edited.Fiber Optic Agreement.CLEAN.doc 134 SECTION 19. Insurance. The members acknowledge that the NETWORK is not generally covered by a commercial property insurance policy, with limited exceptions. Any costs associated with repairs to or restoration of the NETWORK that are not covered by insurance or otherwise reimbursed by any third-party shall be shared among the members pursuant to the cost sharing provisions of this Agreement. Property insurance coverage for any section or portion of the NETWORK jointly owned by two or more members may be acquired when all members having an ownership interest in such section or portion agree on the need for property insurance coverage. Should property insurance coverage be acquired, the premium and other costs thereof shall be shared among the members pursuant to the cost sharing provisions of this Agreement. However, nothing contained herein shall prohibit any member from acquiring insurance coverage for any section or portion of the NETWORK at their sole expense should they so desire. Each member shall bear the risk of its own actions and inaction, as it does with its day- to-day operations, and determine for itself what kinds of insurance, including but not limited to liability insurance coverage, and in what amounts, it should carry relative to the associated risks arising out of ownership and use of the NETWORK. • SECTION 20. Indemnification. Each member, to the extent permitted by law and subject to the limitations of section 768.28, Florida Statutes, and any subsequent revisions thereto, shall indemnify and hold harmless the other members and their respective elected officials, officers, and employees against any claim, action, loss, damage, injury, liability, cost, or expense, including but not limited to reasonable attorneys' fees and court costs, arising out of or caused by the negligence of the indemnifying member in performance of this Agreement or such member's installation, use, or maintenance of the NETWORK. Neither this nor any other provision of this Agreement shall be deemed a contractual waiver of sovereign immunity by any member or of the limitations of liability provided by section 768.28, Florida Statutes, contractual or otherwise. SECTION 21. Damage Caused by Disasters. Should all or any portion or section of the NETWORK be damaged or destroyed by a natural or man-made event to the extent that the cost of repair or replacement exceeds 50% of the original installation costs of the affected portion(s) or section(s), the owning member(s) shall determine if the NETWORK or such affected portion(s) or section(s) will be repaired or replaced, recognizing the need for agreement when more than one member is affected and cost sharing is desired. However, should one or more affected member(s) elect to not participate in the repair or replacement any other member(s) desiring to make the repairs and replacements shall have an option to purchase the non-participating member(s) interest in the affected NETWORK portion(s) or sections(s) at an agreed price established as provided in Section 4 above with consideration given Page 12 of 19 2015.2.06.Edited.Fiber Optic Agreement.CLEAN.doc 135 for the actual documented cost of the repairs and replacements and payments or reimbursements from third-parties. Notwithstanding the foregoing provisions, those portions of the NETWORK which are: (1) licensed for use to a Licensee with a License Agreement requiring replacement of the associated portion of the NETWORK for the continuation of such License Agreement, and/or; (2) used for operation of the 800 MHz radio system; shall be repaired or replaced in order to provide for the continuation of the License Agreement(s) and/or operation of.the radio system. In such instance, the costs of the repairs and replacements shall be shared among the members pursuant to the cost sharing provisions of this Agreement unless otherwise agreed by the affected members, and with consideration given for any payments or reimbursements by third-parties. SECTION 22. Term and Termination. The term of this Agreement shall be for one (1) year from the Effective Date and shall automatically renew for successive one (1) year terms except for any member that gives the other members written notice of its intent to withdraw from the Agreement at least one-hundred twenty (120) days prior to the end of the then current term. Such notice of intent to withdraw shall be made in writing and shall be served on the other members in accordance with the notice provisions of this Agreement. This Agreement shall otherwise remain in full force and effect for the non-withdrawing members so long as at least two (2) members remain. This provision is in addition and supplemental to but does not replace or pre-empt any other provisions of this Agreement regarding termination by a member. Upon notice of a member's intent to withdraw from this Agreement, the remaining member(s) shall have the option to purchase the withdrawing member's ownership interest in all or any portion of the NETWORK as provided in Section 4 above and upon such other terms and conditions as may be negotiated between the withdrawing member and the other member(s). Should the non-withdrawing member(s) fail to exercise such option to purchase within 60 days after notice by the withdrawing member provided for above, the withdrawing member may offer its ownership interest to any third-party qualified to own such interest so long as such third-party's ownership would have no detrimental affect on the other members and the status or continued operation of the NETWORK. On or after the effective date of the withdrawal and without liability on the part of the remaining members, the withdrawing member shall be disconnected from the NETWORK unless or until alternate arrangements are made for continued NETWORK use based on applicable rates and charges (e.g., License Agreement, service contract with provider). SECTION 23. Dispute Resolution. The members shall negotiate in good faith resolution of any dispute arising under this Agreement or under any instrument made to carry out the terms of this Agreement. Failing resolution, the affected members shall submit the dispute to non-binding Page 13 of 19 20152.06.Edited.Fiber Optic Agreement.CLEAN.doc 136 mediation with a Florida circuit court certified civil mediator with the cost of such mediation divided equally between such affected members. If the dispute is not resolved by such mediation, the affected members shall attempt resolution by use of the Florida Governmental Conflict Resolution Act, section 164.101, Florida Statutes, et seq., before seeking redress in a court of competent jurisdiction. Each member shall bear their own attorneys' fees and costs in resolution of any dispute. SECTION 24. Classification as Telecommunications Provider. If the CONSORTIUM or any member receives notice or otherwise learns that the CONSORTIUM or any member will be or has become classified as a telecommunications company, telecommunications carrier, telecommunications service, or any other telecommunications entity, or will or has come under the jurisdiction of existing or future regulation by any State or Federal regulatory agency as a telecommunications company, including but not limited to the Federal Communications Commission or the Florida Public Service Commission, the members' Staff shall promptly meet upon notice of such event and cooperate so as to determine if it is necessary to oppose or remove such classification and, if so, whether and to what extent this Agreement can be amended by the members to avoid or remove such classification and to accordingly make appropriate recommendations to their respective governing bodies. If the members' governing bodies determine that it is appropriate or necessary to oppose or remove such classification and this Agreement cannot be so amended or if there is no agreement by the members' governing bodies as to such amendment, then any member may withdraw from this Agreement in accordance with its provisions. SECTION 25. No Third-Party Beneficiaries. This Agreement shall inure to the sole benefit of and shall be enforceable solely by the members and, with respect to any indemnification or limitation of liability provisions, to the benefit of each member's officers, employees and agents. No other person or entity shall be considered a third-party beneficiary to this Agreement. SECTION 26. Assignment. Except as otherwise provided herein, neither this Agreement nor any right, interest, or obligation hereunder shall be sold, assigned, transferred, or otherwise alienated or disposed of by any member without the prior written consent of the governing bodies of the other members, which consent shall be in the sole discretion of each member's governing body. Under no circumstances shall any assignment be made that would result in a detrimental impact on that status or operation of the NETWORK or any tax exempt status of any member or the development or operation of the NETWORK. SECTION 27. Notices. Any notice, request, instruction, demand, consent, or other communication required or permitted to be given under this Agreement shall be in writing and shall be delivered either by hand or by certified mail, postage prepaid, and certified return receipt Page 14 of 19 20152.06.Edited.Fiber Optic Agreement.CLEAN.doc 137 requested to the following address or such other address as the members may provide to each other in writing: To SCHOOL DISTRICT: Superintendent School District of Indian River County 1990 25th Street Vero Beach, FL 32960 Telephone: 772-564-3000 Facsimile: 772-569-0424 With a copy to: Director of Facilities School District of Indian River County 6055 62nd Avenue Vero Beach, FL 32967 Telephone: 772-564-5017 Facsimile: .772-564-5109 To COUNTY: County Administrator Indian River County 1800 27th Street Vero Beach, FL 32960 Telephone: 772-567-8000 Facsimile: 772-770-5095 With a copy to: Director of Public Works Indian River County 1800 27th Street Vero Beach, FL 32960 Telephone: 772-567-8000 Facsimile: 772-770-5095 To CITY: City Manager City of Vero Beach 1053 20th Place 32960 P. O. Box 1389 Vero Beach, FL 32961-1389 Telephone: 772-978-4710 Facsimile: 772-778-3856 With a copy to: Director of T&D City of Vero Beach 3455 Airport West Drive 32960 P. O. Box 1389 Vero Beach, FL 32961-1389 Telephone: 772-978-5410 Facsimile: 772-978-5490 SECTION 28. Entire Agreement and Amendment. This Agreement represents the entire agreement between the members and supersedes and replaces in its entirety the 1999 Agreement and all other prior Page 15 of 19 2015.2.06.Edited.Fiber Optic Agreement.CLEAN.doc 138 agreements and representations between the members, whether written or oral, with respect to the subject matter of this Agreement. No provision of this Agreement may be changed or amended except by written agreement approved by each member's governing body and signed by each member's duly authorized representative SECTION 29. Waiver of Terms or Conditions. Any term or condition of this Agreement may be waived by the member that is entitled to the benefit thereof, but no such waiver shall be effective unless set forth in a written instrument duly executed by or on behalf of the member waiving such term or condition. Any waiver by any member of any condition, or of the breach of any provision, term, covenant, representation, or warranty contained in this Agreement, in any one or more instances, shall not invalidate this Agreement, nor shall such waiver be deemed to be nor construed as a furthering or continuing waiver of any such condition, or of the breach of any other provision, term, covenant, representation or warranty of this Agreement. Except as otherwise provided herein, the failure of a member to assert any of its rights under this Agreement or otherwise shall not constitute a waiver of such rights. A waiver by a member shall not invalidate this Agreement, nor shall such waiver be construed as a waiver of any other covenant, condition, representation, or warranty. A waiver by a member of the time for performing any act shall not constitute a waiver of time for performing any other act or the time for performing an identical act required to be performed at a later time. SECTION 30. Severability. Should any portion, provision, section, or subsection of this Agreement be held to be invalid by a court of competent jurisdiction, that fact shall not affect or invalidate any other portion, provision, section, or subsection and the remaining portions of this Agreement shall remain in full force and effect without regard to the portion, provision, section, or subsection invalidated. SECTION 31. Parties Bound. This Agreement is binding upon, inures to the benefit of, and is enforceable by the members and their respective successors and permitted assigns. SECTION 32. Counterparts. This Agreement may be executed in three (3) or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. SECTION 33. Effective Date. This force Agreement shall be in full g rc and effect as of the Effective Date first entered above, which shall be the date upon which the last member executes this Agreement. SIGNATURE PAGES FOLLOW Page 16 of 19 2015.2.06.Edited.Fiber Optic Agreement.CLEAN.doc 139 SCHOOL BOARD OF INDIAN RIVER COUNTY SCHOOL BOARD OF INDIAN RIVER COUNTY, FLORIDA By: Matthew McCain Chairman Attest: By: Frances J. Adams, Ed.D. Superintendent Dated this day of .. , 2015.. Page 17of19 140 INDIAN RIVER COUNTY INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By: By: Deputy Clerk Wesley S. Davis, Chairman BCC approved: Approved as to form an sufficiency: By: Dylan Reingold • County Attorney • Page 18of19 2015 2 06 Edited Fiber Optic Agreement CLEAN(2)in recordable form.doc 141 CITY OF VERO BEACH ATTEST: City of Vero : -. r lorrnm-uLAA) Tammy K. Voc 4 Richard Winger City Clerk Mayor Dated this 19 Lr day of ill C , 2015. Approved as to form and Approved as conforming to legal sufficiency: municipal policy: i AA Way; R. Convent J. es R. O'Connor City orney ity Manager Approved as to technical requirements: �p d Ted Fletcher Electric T & D Director Page 19 of 19 2015.2.06.Edited.Fiber Optic Agreement.CLEAN.doc 142 APPENDIX A PARAMETERS FOR ESTABLISHING SECTIONS OF PLANT • A unique section number will be assigned to the facilities that comprise the NETWORK based on the following events: • There is a change in the size of the fiber optic cable • There is a change in the ownership split of the fiber optic cable • There is a change in the performance parameters of the fiber optic cable • There is a change in the structure carrying the cable (pole line, conduit, buried) • There is a change in the year of placement of the fiber optic cable • There is a point of service provision • There is a point of expected service provision • A major geographic point of significance is crossed(railroad, intercostal, etc.) • A major change in the capacity of the structure occurs • Some significant transmission boundary or benchmark is encountered The member organizations will develop and adopt a standard for numbering sections within the first year that the CONSORTIUM is established. • Fiber optic cable pricing shown on the costing model, is sourced from the current IRC master contract agreement with Precision Contracting Services Inc. (PCS ). This is current contracted fiber optic cable pricing, and is subject to adjusted cost changes when the PCS master contract is re-negotiated. • Joint Fiber Optics Project - Interlocal Agreement Appendix A — Page 1 of 3 143 Fiber Optic Costing Model Aerial Fiber Optic Cable- Single-mode-Loose Tube Fiber Optic Cable - 12 ct. Fiber SM LT Aerial - Per Linear Foot Cost: $1.35 Fiber Optic Cable - 24 ct. Fiber SM LT Aerial -Per Linear Foot Cost: $1.45 Fiber Optic Cable - 48 ct. Fiber SM LT Aerial - Per Linear Foot Cost: $1.65 Fiber Optic Cable - 72 ct. Fiber SM LT Aerial - Per Linear Foot Cost: $1.95 Fiber Optic Cable - 96 ct. Fiber SM LT Aerial - Per Linear Foot Cost: $2.25 Fiber Optic Cable - 144 ct. Fiber SM LT Aerial - Per Linear Foot Cost: $2.75 Aerial Fiber Optic Cable - Single-mode-ADSS Fiber Optic Cable - 12 ct. Fiber SM ADSS Aerial - Per Linear Foot Cost: $1.65 Fiber Optic Cable - 24 ct. Fiber SM ADSS Aerial - Per Linear Foot Cost: $1.85 Fiber Optic Cable - 48 ct. Fiber SM ADSS Aerial - Per Linear Foot Cost: $2.10 Fiber Optic Cable - 72 ct. Fiber SM ADSS Aerial - Per Linear Foot Cost: $2.45 Fiber Optic Cable - 96 ct. Fiber SM ADSS Aerial - Per Linear Foot Cost: $2.75 Fiber Optic Cable - 144 ct. Fiber SM ADSS Aerial - Per Linear Foot Cost: $2.95 Underground Fiber Optic Cable- Single-mode-Loose Tube Fiber Optic Cable - 12 ct. Fiber SM LT Underground-Per Linear Foot Cost: $1.15 Fiber Optic Cable- 24 ct. Fiber SM LT Underground -Per Linear Foot Cost: $1.25 Fiber Optic Cable- 48 ct. Fiber SM LT Underground-Per Linear Foot Cost: $1.45 Fiber Optic Cable - 72 ct. Fiber SM LT Underground - Per Linear Foot Cost: $1.65 Fiber Optic Cable - 96 ct. Fiber SM LT Underground-Per Linear Foot Cost: $1.95 Fiber Optic Cable- 144 ct. Fiber SM LT Underground-Per Linear Foot Cost: $2.25 Underground Fiber Optic Cable-Multi-mode-Loose Tube Fiber Optic Cable - 12 ct. Fiber MM LT Underground -Per Linear Foot Cost: $2.25 Fiber Optic Cable - 24 ct. Fiber MM LT Underground -Per Linear Foot Cost: $3.50 Fiber Optic Cable - 48 ct. Fiber MM LT Underground - Per Linear Foot Cost: $6.15 Fiber Optic Cable - 72 ct. Fiber MM LT Underground - Per Linear Foot Cost: $8.95 Fiber Optic Cable - 96 ct. Fiber MM LT Underground - Per Linear Foot Cost: $12.35 Fiber Optic Cable - 144 ct. Fiber MM LT Underground- Per Linear Foot Cost: $18.25 Fiber Optic Cable - Single-mode-Riser Rated ( OFNR) Fiber Optic Cable- 12 ct. Fiber SM Riser-Per Linear Foot Cost: $1.85 • Fiber Optic Cable - 24 ct. Fiber SM Riser-Per Linear Foot Cost: $2.75 Fiber Optic Cable - 48 ct. Fiber SM Riser- Per Linear Foot Cost: $5.75 Fiber Optic Cable - 72 ct. Fiber SM Riser- Per Linear Foot Cost: $7.95 Fiber Optic Cable - 96 ct. Fiber SM Riser- Per Linear Foot Cost: $10.00 Fiber Optic Cable- 144 ct. Fiber SM Riser- Per Linear Foot Cost: $13.95 Joint Fiber Optics Project - Interlocal Agreement Appendix A — Page 2 of 3 • 144 Fiber Optic Costing Model Fiber Optic Cable- Single-mode- Plenum Rated Fiber Optic Cable- 12 ct. Fiber SM Plenum-Per Linear Foot Cost: $2.25 Fiber Optic Cable - 24 ct. Fiber SM Plenum-Per Linear Foot Cost: $3.50, Fiber Optic Cable - 48 ct. Fiber SM Plenum - Per Linear Foot Cost: $7.95 Fiber Optic Cable - 72 ct. Fiber SM Plenum -Per Linear Foot Cost: $11.25 Fiber Optic Cable - 96 ct. Fiber SM Plenum - Per Linear Foot Cost: $14.15 Fiber Optic Cable - 144 ct. Fiber SM Plenum - Per Linear Foot Cost: $18.50 Fiber Optic Cable- Multi-mode-Riser Rated ( OFNR) Fiber Optic.Cable - 12 ct. Fiber MM Riser - Per Linear Foot Cost: $1.90 Fiber Optic Cable - 24 ct. Fiber MM Riser - Per Linear Foot Cost: $3.75 Fiber Optic Cable -48 ct. Fiber MM Riser- Per Linear Foot Cost: $8.75 Fiber Optic Cable - 72 ct. Fiber MM Riser- Per Linear Foot Cost: $13.25 Fiber Optic Cable - 96 ct. Fiber MM Riser- Per Linear Foot Cost: $17.75 Fiber Optic Cable - 144 ct. Fiber MM Riser- Per Linear Foot Cost: $25.25 Fiber Optic Cable- Multi-mode -Plenum Rated Fiber Optic Cable- 12 ct. Fiber MM Plenum- Per Linear Foot Cost: $2.25 Fiber Optic Cable- 24 ct. Fiber MM Plenum- Per Linear Foot Cost: $4.85 Fiber Optic Cable-48 ct. Fiber MM Plenum- Per Linear Foot Cost: $11.55 Fiber Optic Cable- 72 ct.Fiber MM Plenum -Per Linear Foot Cost: $16.95 Fiber Optic Cable- 96 ct. Fiber MM Plenum -Per Linear Foot Cost: $22.75 Fiber Optic Cable - 144 ct. Fiber MM Plenum-Per Linear-Foot Cost: $31.50 Joint Fiber Optics Project - Interlocal Agreement Appendix A — Page 3 of 3 145 INDIAN RIVER COUNTY, FLORIDA CONSENT MEMORANDUM TO: Joseph A. Baird,County Administrator THROUGH: Christopher R. Mora, P.E., Public Works Director 1. FROM: Christopher J. Kafer,Jr., P.E.,County Engine SUBJECT: Work Order No. 2 Release of Retainage - Bridge Design Associates, Inc. for 66th Avenue Bridge Replacements for 41St Street,45th Street,49th Street, 33rd Street and 37th Street Bridges IRC Project No.0545 DATE: June 2, 2015 DESCRIPTION AND CONDITIONS 'On November 6, 2012, the Board of County Commissioners approved Work Order No. 2 with Bridge Design Associates, Inc. services for the bridges below for the 6e Avenue (SR60 to 49th Street) project for a lump sum amount of$102,745.00: 66th Avenue Bridge over 41st Street—Professional Structural Engineering Services 66th Avenue Bridge over 45th Street—Professional Structural Engineering Services 66th Avenue Bridge over 49th Street—Professional Structural Engineering Services 66th Avenue Bridge over 33rd Street—Construction Assistance Services 6e Avenue Bridge over 37th Street—Construction Assistance Services 26th Street Headwall—Construction Assistance Services The Florida Department of Transportation has inspected and approved each component and Bridge Design Associates, Inc. has submitted Invoice No.05-619/Ret dated 3/18/2015 for release of retainage in the amount of$10,101.50. Bridge Design Associates, Inc. has been paid$101,015.00 to date,with$10,101.50 held in retainage. FUNDING Funding is budgeted and available from the following: Traffic Impact Fees/District II Account No. 102-206001-06040 6e Avenue(SR60 to 49th Street) ($3,281.50) Optional Sales Tax Account No.315-206000-06040 66th Avenue(SR60 to 49th Street) ($6,540.00) Traffic Impact Fees/District II Account No. 102-206001-07806 66th Avenue(49th Street—77th Street) ($220.00) Optional Sales Tax Account No. 315-206000-07806 66th Avenue(49th Street—77th Street) ($60.00) 146 F:\Public Works\ENGINEERING DIVISION PROJECTS\0545-66Th Ave SR60 to 57th St(ArcadisMdmin\agenda items\BCC Agenda for BDA Release Retainage 6-16-2015.doc Page Two Bridge Design Associates, Inc. Release Retainage WO No. 2 • For BCC Meeting June 16, 2015 • RECOMMENDATION • Staff recommends approval of Bridge Design Associates, Inc. Invoice No.05-619/Ret,dated 3/18/2015 in the amount Of$10,101.50 for release of retainage for Work Order No. 2. ATTACHMENTS Bridge Design Associates, Inc. Invoice No:05=619/Ret DISTRIBUTION • Brian C. Rheault, P.E., Bridge Design Associates, Inc. Indian River County EMZE Date APPROVED AGENDA ITEM Administration worm 4, " /3 Legal - -(5 FOR: June 16 2015 Budget 9 <6aLfla MI VIM seph A. aird,County Administrator Public Works Engineering Division IIID_ AB= • • • • F:\Public Works\ENGINEERING DIVISION PROJECTS\0a .545-66Th Ave SR60 to 57th St(Arcadis)\Admin\ genda items\BCC Agenda 147 for BDA Release Retainage 6-16-2015.doc BRIDGE DESIGN ASSOCIATES, INC. CONSULTING ENGINEERS BRIAN C.RHEAULT, P.E. Invoice President Bill To Indian River County 1800 27th Street Vero Beach, Florida 32960 Attn: Christopher Kafer, P.E. Date Invoice# 3/18/2015 05-619/Ret Description Amount FOR ENGINEERING SERVICES ON: 10,101.50 66TH AVENUE BRIDGE REPLACEMENTS CONSTRUCTION PHASE SERVICES, WORK ORDER 2 Contract Amount: $102,745.00 100% Complete: $101,015.00 RETAINAGE DUE: $10,101.50 Please Mail All Correspondence To The Address Below Total $10,101.50 1402 Royal Palm Beach Boulevard • Building 200 • Royal Palm Beach, Florida 33411 148 (561) 686-3660 • Fax: (561) 791-1995 Consent Agenda Indian River County Interoffice Memorandum Office of Management & Budget To: Members of the Boar ounty Commissioners From: Jason E. Brown Director, Office of Man gem nt & Budget Date: June 10, 2015 Subject: Miscellaneous Budget Amendment 17 Description and Conditions The attached budget amendment appropriates funding necessary for the following: 1. The County Attorney's Office is in receipt of a grant in the amount of $2,500 from the Florida Bar Association to fund a summer intern position. The attached entry appropriates these grant funds. 2. The SHIP Program has received more loan repayments than anticipated. The attached entry appropriates funding in the amount of$150,000 from SHIP/Cash Forward-Oct 1st. 3. On June 2, 2015, the Board of County Commissioners approved a cost-share agreement with the St. Johns River Water Management District for repair/plugging of abandoned artesian wells. The attached entry appropriates $20,000 from MSTU/Cash Forward-Oct 1st. 4. The Florida Department of Labor has invoiced the County for unemployment compensation. The attached entry appropriates $1,593 from Section 8 Housing/Cash Forward-Oct 1st. 5. Health Insurance claims are exceeding budgeted figures by approximately $2,900,000. The attached entry appropriates funding from Health Insurance Fund/Cash Forward Oct 1st. 6. One of the Courthouse A/C controllers needs to be replaced. The attached entry appropriates funding in the amount of$ 52,610 from Optional Sales Tax/Cash Forward-Oct 1st. 7. On April 7, 2015, the Board of County Commissioners approved the partial refunding of the Limited (Land Acquisition) General Obligation Bonds, Series 2006 in the amount of $20,369,000. The attached entry appropriates various accounting entries that must be made to record the refund. 149 Board of County Commissioners June 10, 2015 Page 2 of 2 8. Various equipment is needed for the startup of Fire Station # 13. The attached entry appropriates $277,000 for Emergency Services/Cash Forward-Oct 1St 9. Funding for rent costs associated with the Fire Station # 7 modular site has not been appropriated. The attached entry provides $12,000 to cover rent payments for the proposed location from Emergency Services/Reserve for Contingency. 10. The Community Transportation Coordinator is in receipt of various grants including the Older American Act in the amount of $484,535, the Community Care for the Elderly in the amount of $ 403,247, the Alzheimer's Disease initiative in the amount of $102,282 and the Home Care for the Elderly in the amount of$55,357. The attached entry appropriates funding for the grant matches in the amount of$116,159 from General Fund-Cash Forward-Oct 1St Staff Recommendation Staff recommends that the Board of Commissioners approve the attached budget resolution amending the fiscal year 2014/2015 budget. Attachments Budget Amendment 017 and Resolution Indian River County Approved Date Administrator Legal ) )U ( APPR VED AGENDA IT Budget C/1/ t b` Department BY: ftei d, .I - VI Jos:-.h A. Baird Risk County Administrator Management FOR: June 16, 2015 150 RESOLUTION NO. 2015- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FISCAL YEAR 2014-2015 BUDGET. WHEREAS, certain appropriation and expenditure amendments to the adopted Fiscal Year 2014-2015 Budget are to be made by resolution pursuant to section 129.06(2), Florida Statutes; and WHEREAS, the Board of County Commissioners of Indian River County desires to amend the fiscal year 2014-2015 budget, as more specifically set forth in Exhibit "A" attached hereto and by this reference made a part hereof, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Fiscal Year 2014-2015 Budget be and hereby is amended as set forth in Exhibit "A" upon adoption of this Resolution. This Resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner and, upon being put to a vote, the vote was as follows: Chairman Wesley S. Davis Vice Chairman Bob Solari Commissioner Joseph E. Flescher Commissioner Peter D. O'Bryan Commissioner Tim Zorc The Chairman thereupon declared this Resolution duly passed and adopted this day of , 2015. INDIAN RIVER COUNTY, FLORIDA Attest: Jeffrey R. Smith Board of County Commissioners Clerk of Court and Comptroller By . By Deputy Clerk Wesley S. Davis, Chairman APPROVED AS TO FORM AND LEGA FICIENCY BY COUNTY ATTORNEY 151 hibit "A" Resolution No.2015- Budget Office Approval: 110 Budget Amendment 017 Jason E. rown, :udget Director Entry Fund/Depart ent/• count Name Account Number Increase Decrease Number 1. Revenue General Fund/Miscellaneous/Florida Bar Intern Grant 001038-366044 $2,500 $0 Expense General Fund/County Attorney/Budgeted Temporary 00110214-011190 $2,318 $0 Position General Fund/County Attorney/Social Security Matching 00110214-012110 $143 $0 General Fund/County Attomey/Worker's Compensation 00110214-012140 $4 $0 General Fund/County Attorney/Medicare Matching 00110214-012170 $35 $0 2. Revenue SHIP/Cash Forward-Oct 1st 123034-346900 $150,000 $0 Expense SHIP/Impact Fee Loan/New-Rehab 12322869-088040 $39,200 $0 SHIP/Purchase Assistance Loan 12322869-088050 $62,000 $0 SHIP/Rehab Loan/Owner Occupied 12322869-088070 $47,800 $0 SHIP/Loan Processing Charges 12322869-088960 $1,000 $0 3. Revenue MSTU Fund/Cash Forward-Oct 1st 004034-346900 $20,000 $0 Expense MSTU Fund/Env.Planning/Other Professional Services 00420724-033190 $20,000 $0 4. Revenue Section 8 Housing/Cash Forward-Oct 1st 108039-389040 $1,593 $0 Expense Section 8/Rental Assistance/Unemployment 10822264-012150 $15,936 $0 Compensation 152 Resolution No.2015- xhibit"A" Budget Office Approval: Budget Amendment 017 Jason E. =own, :.udget Director Entry Fund/Departm•n ccount Name Account Number Increase Decrease Number 5. Revenue Health Insurance Fund/Non-Revenue/Cash Forward 504039-389040 $2,900,000 $0 Oct 1st Expense C cams h Insurance Fund/Health Insurance/Insurance 50412719-034580 $2,900,000 $0 i6. Revenue Optional Sales Tax/Cash Forward-Oct 1st 315039-389040 $52,610 $0 Expense Optional Sales Tax/Facilities MainUOther 31522019-066390 $52,610 $0 lmprovemensts Except Bldgs 7. Revenue GO Bond 2006/Misc/Other Financing Sources-Refund 245039-385013 $20,369,000 $0 GO Bond 2006/Cash Forward-Oct 1st 245039-389040 $8,745 $0 Expense GO Bond 2006/Debt Service/Other Debt Service Cost 24511717-077310 $62,626 $0 GO Bond 2006/Debt Service/Payment to Refunded 24511785-077910 $20,315,119 $0 Escrow Agent 8. Revenue Emergency Services/Cash Forward-Oct 1st 114039-389040 $277,000 $0 Expense Emergency Services/Fire Rescue/Operating Supplies 11412022-035290 $9,150 $0 Emergency Services/Fire Rescue/Office Furniture& 11412022-066490 $237,350 $0 Equipment Emergency Services/Fire Rescue/EDP Equipment 11412022-066470 $10,500 $0 Emergency Servces/Fire Rescue/Communication 11412022-066450 $20,000 $0 Equipment 9. Expense Emergency Services/Fire Rescue/Rent-Land 11412022-034410 $12,000 $0 Emergency Services/Fire Rescue/Reserve for 11412022-099910 $0 $12,000 Contingency 10. Revenue General Fund/Cash Forward-Oct 1st 001039-389040 $116,159 $0 Expense General Fund/Community Transportation Coordinator/ 00111041-088230-54001 $116,159 $0 Senior Resource Association 153 INDIAN RIVER COUNTY, FLORIDA CONSENT MEMORANDUM TO: Joseph A. Baird, County Administrator THROUGH: Christopher R. Mora, P.E., Public Works Director THROUGH: Christopher J. Kafer,Jr., P.E., County Engine FROM: Richard B.Szpyrka P.E., Project Engineer SUBJECT: Award of Bid No. 2015011 45th Street Canal Enclosure(43rd Avenue—Family Dollar Entrance) IRC Project No. 1427 DATE: June 8, 2015 DESCRIPTION AND CONDITIONS This project consists of the construction of approximately 260 linear feet of 54" reinforced concrete pipe and catch basins to enclose the existing Indian River Farms Water Control District Sub-Lateral 'H-3'canal. Included with this project will be the installation of underdrain,sand cement endwall, swale grading and placement of sod.These improvements extend from 43rd Avenue to east of the future Family Dollar Store entrance. On January 20, 2015, the Board of County Commissionerrexecuted a Developers Agreement between Indian River County and Hutton Growth One,LLC.providing$30,000.00 to Indian River County to assist in the funding of the project. A bid opening for the canal enclosure of the Indian River Farms Water Control District Sub-Lateral "H-3" Canal along 45th Street east of 43rd Avenue was held on June 3, 2015. Five (5) bids were received and opened. A detailed bid tabulation is on file and available for viewing in the County Engineering Division. Bid totals are as follow: Johnson-Davis, Inc. Lantana, Florida $160,035.00 Jobear Contracting, Inc. Palm Bay, Florida $173,801.00 Timothy Rose Contracting, Inc. Vero Beach, Florida $177,965.68 Sunshine Land Design, Inc. Stuart, Florida $186,705.46 Douglas N. Higgins, Inc. Ann Arbor, Michigan $223,895.00 Johnson-Davis, Inc.is considered to be the lowest, responsive,responsible bidder for the project with a bid totaling$160,035.00. Johnson-Davis, Inc. has completed various construction projects for Palm Beach County and has consistently performed work in a satisfactory manner. F:\Public Works\ENGINEERING DIVISION PROJECTS\1427-45th St Canal Enclosure at 43rd Ave\Admin\agenda items\BCC Agenda Memo Award 154 of Bid.doc Page 2 Award of Bid 2015011 BCC Agenda Item for June 16, 2015 FUNDING Funding is budgeted and available from Secondary Roads/45th Street Canal Enclosure-Account#10921441- 066510-14015.Per the Developer's Agreement$30,000.00 has been received and credited to the Secondary Roads account. RECOMMENDATION Staff recommends the Board approve award to the lowest responsive and responsible bidder,Johnson- Davis, Inc. for$160,035.00. Staff further recommends the Board authorize the Chairman to execute the attached agreement upon review and approval of both the agreement and required public construction bond by the County Attorney as to form and legal sufficiency, and the receipt and approval of required insurance by the Risk Manager. ATTACHMENTS Sample Agreement APPROVED AGENDA ITEM FOR: i - . • By. 1 # 41T1* Administration Date ) coovvel P!!!!!Ml!PIM, Administration IffirtMERFAII Budget 1111117/ PEINIIIM211 •-10—( AMMER= Public Works IT 521- F:\Public Works\ENGINEERING DIVISION PROJECTS\1427-45th St Canal Enclosure at 43rd Ave\Admin\agenda items\BCC Agenda Memo Award 155 of Bid.doc • SECTION 00520 -Agreement(Public Works) TABLE OF CONTENTS The Page • ARTICLE 1 -WORK • 2 ARTICLE 2-THE PROJECT • 2 ARTICLE 3—ENGINEER 2 *I-MiA5" • ARTICLE 4-CONTRACT TIMES 2 ARTICLE 5-CONTRACT PRICE . 3 . .42ME ARTICLE 6-PAYMENT PROCEDU& ARTICLE 7-INDEMNIFIGAZ ON 4 • ARTICLE 8-CONTRACTORiS:REP" NT, IONS 5 -"!ta v•CNKPf.. ARTICLE 9-CONTRACT B.00UME = • 6 • 11‘ • ARTICLE 10-MISCELL >OUS • 7 NW' _ _ •W. • At* fTHE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLY' • • 00520-Agreement(Public Works)Sample 156 00520-1 F:tPublic Works\ENGINEERING DIVISION PROJECTS11427-45th St Canal Enclosure at 43rd AvetAdmintagenda items\00520-Agreement(Public Works)Sample.doc I SECTION 00520 -Agreement(Public Works) THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called OWNER) and (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: 4-* AI ARTICLE 1 -WORK I * 1.01 CONTRACTOR shall complete all Work as specified soF.E4indjelkd in the Contract -'4,.%i• ;s-re Documents. The Work is generally described as follows -*,;.1-•- tProject shall consist of the construction of approximatelytitlyn?pr feet of 54" reinforced concrete pipe and catch basins close existing India..7c'-;'iver Farms Water Control District Sub-Lateral 1.1-35:41nal.'inC.ludeeirwth this project will be the installation of underdrain, sand cement endwall, sWita gradOand p:Xement of sod VI', W: 1:-:,•,.. :.4'.,4-:Wg' ARTICLE 2 -THE PROJECT 4,T,tSVr. 2.01 The Project for which the Work urLderkfieContradDocuments may be the whole or only a part is generally described as folloM '---., k---v•-•., ,-•.c. Project Name::- .. ' . treet Ca: I Enclosure at 43rd Avenue County Project o.,„j'ecNit:‘;C4' , x-.bi_. t4 4'': %27 aN Biduber: 20150di PrcjVdress45thWtreet Indian C ounty, Florida ARTICLE3 -ENGI R -.... ..-1;,---- 3.01 ;.tii e Indian Riverwiry Publi6Works Department is hereinafter called the ENGINEER rgl will act as 0 • -R's representative, assume all duties and responsibilities, and have ik,-011011-0:,at4thoraassigned to ENGINEER in the Contract Documents in connection withithe:eCim' p-6titofftte Work in accordance with the Contract Documents. nit ARTICLE 4 -CONTRACSITIMES .,.. ... 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Days to Achieve Substantial Completion, Final Completion and Final Payment A. The Work will be substantially completed on or before the 75th calendar day after the date when the Contract Times commence to run as provided in paragraph 2.03 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.07 of the General Conditions on or before the 90th calendar day after the date when the Contract Times commence to run. 00520-Agreement(Public Works)Sample 157 00520-2 F:\Public WorkslENGINEERING DIVISION PROJECTS11427-45th St Canal Enclosure at 43rd AvelAdminlagenda Items‘00520-Agreement(Public Works)Sample doc 4.03 Liquidated Damages A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. Liquidated damages will commence for this portion of work. The parties also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, O ER and CONTRACTOR agree that as liquidated damages for delay (but not as a CONTRACTOR shall pay OWNER $884.00 for each calendar day that exeres after the time specified in paragraph 4.02 for Substantial Completion until the Worgvubstantially complete. After Substantial Completion, if CONTRACTOR shall neglect, reLise, detail to complete the:. remaining Work within the Contract Time or any proper el -',-, 110`ri thereof granted by OWNER, CONTRACTOR shall pay OWNER $884.00 for each .6".A.Lendar dayAat expires after the time specified in paragraph 4.02 for corptetion and readss for...fp payment until the Work is completed and ready forfin761$0aymerit., ARTICLE 5 -CONTRACT PRICE • 5.01 OWNER shall pay CONTRA for tel letion,of the Work in accordance with the Contract Documents, an am&ift:J1 :,,current nds equal to the sum of the amounts determined pursuant to paragrap -.*0 ands arized in paragraph 5.01.B, below: A. For all Work, at the -ces stated in NT' IGTOR'sid, attached hereto as an exhibit. B. THE CONTRACT SUM be to •-ddi ciris an• seductions provided in the Contract:: Numeribinount: $ Wriften A punt: ARTICL .ArABANMENT P7414CEDURES 6.01 Submittal and Ptieessng of Payments A. CONTWOR shall submit Applications for Payment in accordance with Article 14 of the Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions and the Contract Documents. 6.02 Progress Payments. A.The OWNER shall make progress payments to the CONTRACTOR on the basis of the approved partial payment request as recommended by ENGINEER in accordance with the provisions of the Local Government Prompt Payment Act, Florida Statutes section 218.70 et. seq. The OWNER shall retain ten percent (10%) of the payment amounts due to the CONTRACTOR until fifty percent (50%) completion of the work. After fifty percent (50%) completion of the work is attained as certified to OWNER by ENGINEER in writing, OWNER shall retain five percent (5%) of the payment amount due to CONTRACTOR until final 00520-Agreement(Public Works)Sample 158 00520-3 F:\Pubtic WorksIENGINEERING DIVISION PROJECTS11427-45th St Canal Enclosure at 43rd AvelAdmin1agenda items‘00520-Agreement(Public Works)Sample doc completion and acceptance of all work to be performed by CONTRACTOR under the Contract Documents. Pursuant to Florida Statutes section 218.735(8)(b), fifty percent (50%) completion means the point at which the County as OWNER has expended fifty percent (50%) of the total cost of the construction services work purchased under the Contract Documents, together with all costs associated with existing change orders and other additions or modifications to the construction services work provided under the Contract Documents. 6.03 Pay Requests. A.Each request for a progress payment shall be submitted on the application for payment form supplied by OWNER and the applicatWfor payment shall contain the CONTRACTOR'S certification. All progress paients will be on the basis of progress of the work measured by the schedule.©f values established, or in the case of unit price work based on the number of'units completed. After fifty percent (50%) completion, and pursuant to Statutes section 218.735(8)(d), the CONTRACTOR may;-submit a payest to the County as OWNER for up to one half(1/2) of the retaikage held by the County as OWNER, and the County as OWNER shall:a-:oxnptly make payment to C,O'NTRACTOR unless such amounts are the y-object:'oy a goo faith dispute; the subject of a claim pursuant to Florida Stat:tes sectio. 255.06(2005), or of erwise the subject of a claim or demand by then ty asrOWNER o they: sNTRACTOR. The CONTRACTOR ackno edges that,, h-. '.such retain, a is attributable to the labor, services, or mat-Mal °;supplied%one or more subcontractors or suppliers, the Contractor shall timely;:.remit •ayment of such retainage to those subcontractors and slie Pursnt to Florida Statutes section 218.735(8)(c005), CONTACTOR further _acknowledges and agrees that: 1) the County s O ,ER sh II recei immediate written notice of all decisions made by CONT.'.CTo:7 to wi bhold retainage on any subcontractor at greater than five percent;;..(5°01 fter fifty percent (50%) completion; and 2) C CTOR wills<no_t seek ra�hease from the County as OWNER of the with'held�ret-ainage until` he final pay request. 6.04 Pa agraphs 6. F,2and 6:403d_ o_ .not apply to construction services work purchased by the County as OWNER whiEtl ar-';paid"orr in whole or in part, with federal funds and are subject to federa =rantor laws an. �;eg. i ations or requirements that are contrary to any provision of the Local Governmenti'ro pt`m'ayment Act. In such event, payment and retainage provisions shall be governed by t rli _licabi lgrant requirements and guidelines. Ntitp30- 6.05 6.05 Acceptance of F1 al Payment as Release. A. The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work under this Contract and for every act and neglect of the OWNER and others relating to or arising out of the work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations under the Contract Documents or the Public Construction Bond. ARTICLE 7 - INDEMNIFICATION 00520-Agreement(Public Works)Sample 159 00520-4 F:\Public Works\ENGINEERING DIVISION PROJECTS\1427-45th St Canal Enclosure at 43rd AvelAdmin\agenda items\00520-Agreement(Public Works)Sample.doc 7.01 CONTRACTOR shall indemnify OWNER, ENGINEER, and others in accordance with paragraph 6.20 (Indemnification) of the General Conditions to the Construction Contract. ARTICLE 8 -CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. CONTRACTOR has visited the Site and become familiar and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. :',%:: -}zaR. n C. CONTRACTOR is familiar with and is satisfied as to all federal,, tate, and local Laws and Regulations that may affect cost, progress, andrformance of tl,:Work. x D. CONTRACTOR has carefully studied ;all:--.{>.(1) reports of explorations and tests of subsurface conditions at or contiguo .o the-Site and all rawings of physical conditions in or relating to existing surface or'rysubsurface structures at or co `tiguous to the Site (except Underground Facilities) which*:have been identified::.` -the Supplementary Conditions as provided in paragra-h 4.02`of thej eneral Coriditioiis and (2) reports and drawings of a Hazardous EnvirWental Coi*►©itjoh, if any, at the Site which have been identified in the Supplementary Vd,ndttjdos as proa(ded in paragraph 4.06 of the General Conditions. >>�> -a:-, E. CONTRACTOR has'=obarned and carully stued (or assumes responsibility for having done so) all additional"or: u pie entar; examinations, investigations, explorations, tests, studies, and data concerni`:�cconditio"ns (41rface, subsurface, and Underground Facilities) at or contiguo L o the SiteNul-'iich may ffect cost, progress, or performance of the Work or which relate'to n aspect f the means, methods, techniques, sequences, and procedures ofx%tons )ction to bee ployed by CONTRACTOR, including applying the ._ pe ific means;*,t ethod;,;tech iques, sequences, and procedures of construction, if any, expressly requiree s 4Ie C pt Documents to be employed by CONTRACTOR, and :safety precautions ..pd%programs incident thereto F. CO' TRA -TSR=$tdoe- not consider that any further examinations, investigations, explorations, tests, , tu.o ies, or data are necessary for the performance of the Work at the Contract Price, Within the Contract Times, and in accordance with the other terms and conditions of „€ontract Documents. G. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. H. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. I. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. 00520-Agreement(Public Works)Sample 160 00520-5 F:%Public Works\ENGINEERING DIVISION PROJECTS\1427-45th St Canal Enclosure at 43rd AveWdmin\agenda items\00520-Agreement(Public Works)Sample.doc J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 9 -CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement (pages 00520-1 to 00520-9, inclusive); 2. Notice to Proceed (page 00550-1) 3. Public Construction Bond (pages 00610-1 to 00610- ;,inclusive); s<: •s�T"ci'. :;err. 4. Sample Certificate of Liability Insurance (page 00620-1); I; 5. Contractor's Application for Payment (pages 00622-1 to 00622-6'inclusive, 6. General Conditions (pages 00700706'00700;45, inclusive); 7. Supplementary Conditions (pages 00800-i to .00800-11, irnclusid•; 8. Specifications as listed in Do 1 (Gen:er.ame quirements) and Division 2 (Technical Provisions) Nik 4 •: 9. Drawings consistmg,of a cover sheet a d heets r bered 1 through 8, inclusive, with each sheet be ng{" follows o,�•ene sal title: 45th Street Canal Enclosure at 43rd Avenue; 10. Addenda umbers o 'ars usive 11. Appendices^to this- greement =enumerated as follows): Appendix A•-••:-Pe ' `itsA '1' ;CONS. CTOR'' :ID (pages 00310-1 to 00310-6, inclusive); 13. Bid Bond .• (page 04430-1 inclusive), Qualifications Questionnaire (page 00456-1 to 00456-4, inclus eve), List of Subcontractors (page 00458-1 inclusive). 14. Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships (pages 00452-1 to 00452-2, inclusive); 15. Sworn Statement Under the Florida Trench Safety Act (pages 00454-1 to 00454-2, inclusive); 16. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a) Written Amendments; 00520-Agreement(Public Works)Sample 161 00520-6 F:\Public Works\ENGINEERING DIVISION PROJECTS11427.45th St Canal Enclosure at 43rd Ave\Admin\agenda items100520-Agreement(Public Works)Sample.doc b) Work Change Directives; c) Change Order(s); 17. Contractor's Final Certificate of the Work (page 00632-1 to 00632-2 of the Specifications) ARTICLE 10 - MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings indicatn the General Conditions. 10.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests:i n the Contract will be sAkt binding on another party hereto without the written consent of:=;the party seught to be bound; and, specifically but without limitation, mores that may become due;'=+rad moneys that are due may not be assigned wit out such conse t (except to'',he:• "extent that the v,d effect of this restriction may be limited by a.. ';, and nless specific.Ily stated to the ow contrary in any written consent to an assignmen , o assignment will. ; .lease or discharge ix the assignor from any duty or responsibil tyfunder the Contra-10o-irnents. '?,•:-:::!*:;:- ; Wz h r 10.03 Successors and Assigns -1.„--,f j A. OWNER and CONTRACTOR ea1b ro's itself, =its partners, successors, assigns, and legal re resentatives? e-- he other pr&he-Mb' its paers, successors, assigns, and legal representatives in respect,:to all cove ra ants, agreements, and obligations contained in the Contract Documents. • 0 '"+a`" -. `I 10.04 SeverabilitY k = r 'Y<: '::_ . A. Any provisions apart�of__the ContraDocuments held to be void or unenforceable under ati Y Law or R ,ulatio„_,s.`all be deemed stricken, and all remaining provisions shall rx y<. ;:continue to be valid a .d •indin upon OWNER and CONTRACTOR, who agree that the I'Contract Documentr hall be reformed to replace such stricken provision or part thereof th;;a:valid and enforceable provision that comes as close as possible to expressing the int--ntiRks o=i'ofW:r:.icke'_ erovision. ;kF 10.05 Venue F: A. This Contradt9`hall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Contract shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. 10.06 Public Records Compliance A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: 00520-Agreement(Public Works)Sample 162II 00520-7 F:1Public Works\ENGINEERING DIVISION PROJECTS11427.45th St Canal Enclosure at 43rd Ave%Adminlagenda items\00520-Agreement(Public Works)Sample.doc (1) Keep and maintain public records that ordinarily and necessarily would be required by the County in order to perform the service. (2) Provide the public with access to public records on the same terms and conditions that the County would provide the records and at a cost that does not exceed the cost provided in chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (4) Meet all requirements for retaining public records antransfer, at no cost, to the County all public records in possession of the Contractor upon termination of the Agreement and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the Counf iii."n•a fothiaat that is compatible with the information technology systems of the County`' <v B. Failure Failure of the Contractor to comply with these requirements shall be,-.;_a materribreach of this Agreement. `•: ¢ice x -^f}` :;�,.q. �'t:-. X7.4.,. ..c5:1,:}'-•., ;v%{341'4.- [The remaineer_:•f this page was;..left blank intentionally] ?ltd'-`::i1::+• '':��} - �'"'�%a<, :i4:i• _ ,,,fig• •?-u�� :rx f`l• .'':i;.-'_�.`.''a`x, •}YOU): n ii Ji4}i: •'v�fJ: tyL:. mii 00520-Agreement(Public Works)Sample 163 00520-8 F:\Public Works\ENGINEERING DIVISION PROJECTS\1427-45th St Canal Enclosure at 43rd Ave1Admin\agenda items%00520-Agreement(Public Works)Sample.doc IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. This Agreement will be effective on , 20_(the date the Contract is approved by the Indian River County Board of County Commissioners, which is the Effective Date of the Agreement). OWNER: CONTRACTOgqR: INDIAN RIVER COUNTY a , By: By: = b:>, _ . Wesley S. Davis, Chairman ;Contractor) k. By ::` - (CORPORATfE•S_EAL) Joseph A. Baird County Administrator ::=•�rf-rt rk r=`-> % hest .�. .'.fir-• •-+L•=•4 i::Xv-:.,I• APPROVED AS TO FORM AND LEGAL •.. `` =' SUFFICIENCY: "`- -,s::;.5--..,,, h." Dylan Reingold, County Attorney {'r, xs for giving noticesJeffrey R: Smith, Clerk of Cou _$d"Cbmptroll 2.U:.: mss:=.. ...: v License No. :, ry'- t_. "3'Y_. (Where applicable) , Attest: ,>:-: .. .:�<�:, ,, Dpt�y, Cle - •:.F-?; . (SEAL) vs - '� - ti • Agent for service of process: :..,c, Designated Representative t,<:-. Name: :risco her:J::Kafer=" r. P.E. p. Designated Representative: Title: Count kEngtneefiw .. Vii,: Name: 1801 27th Street ?<'• Title: Vero Beach, Florida 329.a Address: (772) 226-1221 _ ; a is�-}i9?Q-�� Facsimile: (772) 778'¢9391 Phone: Facsimile: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) ** END OF SECTION ** 00520-Agreement(Public Works)Sample 164 00520-9 F:\Public WorkstENGINEERING DIVISION PROJECTS 1427-45th St Canal Enclosure at 43rd AveWdminlagenda items100520-Agreement(Public Works)Sample.doc „, cl'A im.....14,\______ OV11N`4 -� Sheriff Deryl Loar ``f A. " *_ T* Indian River County i ..,ORI.', June 1, 2015 Mr. Joe Baird, County Administrator Indian River County 1840 25th St Vero Beach, Florida 32960 RE: Notice of Request to be placed on the June 16. 2015 Board of County Commission Agenda Dear Mr. Baird, Please allow this letter to serve as a request to be added to the Constitutional Officers and Governmental Agencies portion of the June 16, 2015 BCC agenda. Indian River County Sheriffs Office is applying for the Target Corporation Grant. This grant, if approved, will provide funds to purchase tactical force-on-force training equipment. The total dollars earmarked for this grant is $14,990. The application, along with the Indian River County Finance Office grant form, is included with this request. Should you have any questions, please contact Planner, Amber Grier, at 772-978-6214. Thank you for your assistance. Sincerely, \ / Deryl Loar, Sheriff Indian River County DUamg Enclosure cc: file 4055 41st Avenue,Vero Beach,Florida 32960 www.ircsheriff.org (772) 569-6700 i GRANT NAME: Target Corporation-IRCSO Stress and Inoculation Training GRANT# AMOUNT OF GRANT: $14,990.00 DEPARTMENT RECEIVING GRANT: Indian River County Sheriffs Office CONTACT PERSON: Amber Grier.Planner TELEPHONE: 772-978-6214 1. How long is the grant for? One Year Starting Date: September 1,2015 2. Does the grant require you to fund this function after the grant is over? Yes X No 3. Does the grant require a match? Yes X No If yes,does the grant allow the match to be In-Kind services? Yes X No 4. Percentage of match to grant NONE 5. Grant match amount required NONE 6. Where are the matching funds coming from(i.e. In-Kind Services;Reserve for Contingency)? N/A 7. Does the grant cover capital costs or start-up costs? X Yes No If no,how much do you think will be needed in capital costs or start-up costs: $ N/A (Attach a detail listing of costs) 8. Are you adding any additional positions utilizing the grant funds? Yes X No If yes,please list. (If additional space is needed,please attach a schedule.) Acct. Description Position Position Position Position Position 011.12 Regular Salaries 011:13 Other Salaries&Wages(PT) 012.11 Social Security . 012.12 Retirement—Contributions 012.13 Insurance-Life&Health 012.14 Worker's Compensation 012.17 S/Sec.Medicare Matching TOTAL 9. What is the total cost of each position including benefits,capital,start-up,auto expense,travel and operating? Salary and Benefits Operating Costs Capital Total Costs 10. What is the estimated cost of the grant to the county over five years? $ 14,990.00 • Grant Amount Other Match Costs Not Covered Match Total First Year $ 14,990.00 $ $ $14,990.00 Second Year $ $ $ $ Third Year Fourth Year $ $ $ $ Fifth Year $ $ $ $ Signature of Preparer: ^ Date: May 29,2015 166 611/2015 Target Corporate 0 Welcome to our Online Grant Application 0 Review Your Application Please review your proposal information. If you are not ready to submit your proposal at this time, click the"Save Only"button.The proposal will then be available to edit from the Welcome page. Clicking the Submit button will immediately send the application to Target and you will then be unable to perform further editing. Contact Information * Prefix Miss * First Name Amber * Last Name Grier Suffix *Address 4055 41st Ave * City Vero Beach * State Florida *Zip 32960 *Title Planner/Grant Manager * Telephone 7729786214 * E-mail Address agrier©ircsheriff.org * Contact Type Application Primary Contact Organization Information *Year Established 1926 * Organization Type (US) Police/Law Enforcement Official Name * Organization Name County of Indian River Office of Sheriff AKA Name Indian River County Sheriffs Office * Street Address or P.O. 4055 41st Ave Box 167 https1/www.cybergran1s.corn/pis/cybergrants/ao req.formcheck 1/6 6/1/2015 Target Corporate * City Vero Beach * State Florida * Zip/Postal Code 32960 * 4-Digit Extension 1802 * Main Phone Number 772-569-6700 * General Email Address no-reply@ircsheriff.org * Organization Website www.ircsheriff.org * Target Application Current No Year Mission Statement It is the mission of the Sheriff's Office to protect the community, prevent crime, and solve problems. It is the vision of the Sheriff's Office to strive for excellence in service through partnerships with the community. Government Affirmation No Letter? 501(c)3 Subordinate Status? No Organization Request Details Organization History On June 29, 1925, Indian River County was created at which time several appointments by the Governor were made for the various county positions. Vero Beach Police Chief Joel W. Knight was appointed to be the first Sheriff. On November 2, 1926, Sheriff Knight was elected to office. There has been a total of ten (10) Sheriff's elected to office to date and the current Sheriff is Deryl Loar. The Sheriff is the highest ranking law enforcement official in Indian River County. With a population of approximately 142,000 residents, Indian River County is comprised of five cities: City of Vero Beach, City of Sebastian, City of Felismere, Indian River Shores Township, and the Town of Orchid; and the unincorporated county. According to the 2010 census, the county has a total area of 616.92 square miles (1,597.8 km2), of which 502.87 square miles (1,303.4 km2) (or 81.57%) is land. The Indian River County Sheriffs Office (IRCSO) is responsible for law enforcement, corrections, and court services within all of Indian River County. IRCSO is the primary backup system for each of the five cities, and may also make arrests and conduct investigations within them. Currently, IRCSO consists of the Sheriffs Administration and three bureaus: the Bureau of Law Enforcement, the Bureau of Corrections, and the Bureau of Administration. Each bureau is broken down into several units that handle specific functions in order to accomplish the agency's mission and achieve its'vision. Each of the 500 employees works diligently to encompass the agency's values of integrity, leadership, and service year round. 168 dtpsJMw.cybergrai1s.com/pls/cybergrar1s/aoeq.formcheck 2/6 6/1/2015 Target Corporate In 2014, the Indian River County Sheriffs Office made 3,970 arrests, housed approximately 436 inmates on a daily average, reported 2,281 crimes, and responded to over 211,000 calls for service. Organization Goals The established 2015 goals for the Sheriffs Office are: To provide for the security, safety, and well-being of the citizens of Indian River County through the delivery of law enforcement services. To operate the County Jail. To function as the Executive Officer of the Courts. To fulfill all other official responsibilities mandated by the State Constitution and Florida Statues. Organization Changes Our agency is still attempting to recover from the "Great Recession" which has resulted in the reallocation of several positions and duty assignments. * Total Operating Budget $41,538,433; $40,783,969 * Change In Net Assets ($) $754,464.00 *Total Unrestricted funds $0.00 * Sources of Revenue County Revenue 90% Grant Funding 10% Target Initiative Involvement No Current Elected Official No Target Board Members No List Non-Target Board N/A Members * Previous Target Funding No for This Program Proposal Details * Group/Region/Distribution DC-3892 Center * Request Amount $14,990.00 * Project/Program Title IRCSO Stress and Inoculation Training * Project/Program Start Date 09/01/2015 * Project/Program End Date 09/30/2016 * Program Area Law Enforcement Partner 169 https://www.cybergrants.com/p1s/cybergrants/ao req.formcheck 3/6 6/112015 Target Corporate * Year Project/Program was 2015 first implemented * Total Project/Program $14,990.00 Budget * Primary Project/Program StressVest Units x 4: $10,996 Expenses SIRT Glock Pistols x 4: $1,596 StressVest Training Rifles x 4: $2,398 * Project/Program The Indian River County Sheriffs Office would like to Description requests stress and inoculation training equipment to advance the skills and expertise of our law enforcement deputies in combative situations requiring responses to resistance. Given the renewed focus on the use of lethal force versus non-lethal force, and with development of advance training techniques and equipment, there is immeasurable value to both law enforcement and communities they serve to have deputies receive the most technologically advanced force-on-force training. This Agency is committed to community oriented policing and strives to provide the best law enforcement service possible and provide to our deputies the best training programs available. The StressVest Force-on-Force Training System utilizes non-projectile laser pulse technology, with an adjustable electric pain penalty to,induce stress to the user during scenario based training. Basic skills learned by static firearms training, use of strike pads/dummies don't translate into real world skills where targets move independently, hide behind objects, and actively resist/respond. To prevent injury while using Airsoft or Simunition weapons, participants must wear goggles, face masks and protective gear, detracting from the realism of the scenario. The best training for law enforcement duplicates real world scenarios as closely as possible, and is a critical part of basic and advanced training. • This form of advanced tactical education will help this Agency evolve the way law enforcement training is conducted. The recorded training responses will be used in After Action Reviews, allowing the trainees to receive feedback on their training session and allowing the trainers to perform in-depth studies of the trainee activities. * Primary project/program 32960 location zip code * Recognition Opportunities? Yes List Recognition IRCSO would issue a press release through all social media Opportunities platforms and the press, acknowledging the opportunity Target has provided our agency. We would also prepare a check presentation to appear on the front page of our agency's website. Volunteer Opportunities? No 170 httpsiiwww.cybergrants.corn/p1s/cybergrants/ao reqlormcheck 416 6/1(2015 Target Corporate Demographics * Estimated Number of People 142000 Served * Ethnicity 1% American Indian or Alaskan Native 2% Asian 7% Black or African American 8% Hispanic or Latino 82% White or Caucasian * Gender 48% Male 52% Female *Age Groups 100% Unknown Population Served by this Project/Program * Active Military Served % 0 * BlindNision Impaired % 0 * Deaf/Hearing Impaired % 0 * Economically Disadvantaged % 0 * Immigrants/Newcomers/Refugees 0 * Lesbian, Gay, Bisexual, 0 Transgender and Ally (LGBTA) % * Persons with Developmental 0 Disability pi° * Physically Impaired % 0 * Single Parents % 0 *Veterans % 0 * General Population % 100 Additional Information * Key Metrics The Indian River County Sheriffs Office will conduct pre- and post-training surveys with all participants in order to gage respondent's perception of the following topics: 1) Enhanced threat assessment capabilities 2) Increased confidence in making discretionary decision under pressure 3) Improved scenario based performance training 4) Overall satisfaction on improvement of firearms training 171 t*tpsiMww.cybergrails.com/pls/cyborgrarits/aoJeqformcheck 5/6 641/2015 Target Corporate The program's success will be evaluated based on an overall cumulative improvement rating of at least 75% of the training process. Additional Files I Submit 1 [-Save Only Need Support? Copyright©Target 2015.All Rights Reserved 172 haps://www.cybergrants.corn/p1s/cybergrants/ao req.formcheck 6/6 Office of BCC 06/16/15 Pub/ie 11 r�ire INDIAN RIVER COUNTY L4R1�? ATTORNEY JO Dylan Reingold,County Attorney William K.DeBraal,Deputy County Attorney Kate P.Cotner,Assistant County Attorney MEMORANDUM TO: Board of County Commissioners FROM: William K. DeBraal, Deputy County Attorney DATE: June 10, 2015 RE: Public Notice — Public Hearing Please be advised that the following public hearing has been scheduled for the June 23, 2015, meeting of the Board of County Commissioners: PUBLIC NOTICE In accordance with Section 5A(a)(1)(A) and (B) of the 1937 Housing Act, the Indian River County Board of County Commissioners Rental Assistance Department-Housing Choice Voucher (Section 8) Program has drafted their Five Year and Annual Year Plan FY 2016 — 2021, their HCV Administrative Policy and the Enterprise Income Verification Policy. The purpose of the Five Year/Annual Plan, Administrative Policy and Enterprise Income Verification Policy, is to give the public an opportunity to provide their comments regarding the proposed activities regarding the Indian River County Board of County Commissioners Housing Choice Voucher- Section 8 Programs mission for serving the needs of extremely and very low-income families in Indian River County and the strategy for addressing those needs. The effective date of the Plan and Policies will be October 1, 2015. This proposed Plan and Policies are available for public review for the required 45 day period starting May 1, 2015 through June 15, 2015. Copies of the Indian River County Five Year and Annual Plan, Housing Choice Voucher Administrative Plan and Enterprise Income Verification (EIV) policy may be reviewed at the Indian River County Annex Building, 1028 20th Place, Suite C, Vero Beach, Florida 32960; viewing hours are Tuesday, Wednesday and Thursday, 8:00 a.m. until 4:00 p.m. Please send written comments during the comment period to: IRC Rental Assistance Department, 1028 20th Place, Suite C Vero Beach, Florida 32960, Attention: Robin Miller. APPROVED FOR _10--ft"` Jai B.C.0 MEETING p :.•+�' O , items 173 COUNTY ATTORNEY A public hearing will be held on Tuesday, June 23, 2015, 9:00 a.m., or shortly after that time, at the Indian River County Board of County Commissioners Building 1801 27th Street, Vero Beach, Florida 32960. Please contact me.with any questions. Indian diva Ca �ved Date Admin. 11 �IrIBEILegal �� e nn Budget w�Y�r1L Dept. 11,41111 , fF1 lr. Risk Mgr. 111121. - • 174 13,E County Attorney's Matters-B.C.C. 6.16.15 A - ; - w Office of n INDIAN RIVER COUNTY ' ATTORNEY Dylan Reingold,County Attorney William K.DeBraal,Deputy County Attorney Kate Pingolt Cotner,Assistant County Attorney MEMORANDUM TO: Board of County Commissioners f FROM: Kate Pingolt Cotner, Assistant County Atto y DATE: June 8, 2015 SUBJECT: 2016 Legislative Priorities Background: The 2016 Legislative Session is scheduled to begin on January 12, 2016. Indian River County Attorney's Office ("Attorney's Office") is expecting the legislative committee meetings to start in early September. Additionally, our local delegation meeting is likely to occur in either the second or third week in September. Due to the fact that the 2016 Legislative Session is early this year, it would be in Indian River County's ("County") best interest for the Indian River County Board of County Commissioners ("Board") to begin the process of discussing and identifying the County's legislative priorities. Attached for your convenience is a list of the County's priorities for the 2015 Regular Legislative Session. Please be advised that in light of the unique opportunity that has been created with regards to the "Sale of the City of Vero Beach Electricity to Florida Power and Light" and "FMPA Oversight" issues, both the County Attorney's Office and our outside lobbying team are of the opinion that it would be in the County's best interest to focus primarily on the electricity issues and remove the "Florida State Statute Chapter 180- Utility Service Areas" issue from the 2016 legislative priority list. Recommendation: The County Attorney's Office recommends that the Board adopt a preliminary priority list for the 2016 Regular Legislative Session. The County Attorney's Office also recommends that the Board authorize one Board member to serve as the primary point person to attend any meetings relating to community outreach. Indian River Co. A A. : ed Date Approved for June 16,2015 BCC Meeting Admin. T� !1 )' TICounty Attorney's Matters Co.Atty. ! Budgetiii /S Department Risk Management --- --- COUNTY ATTORNEY 175