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Item U1County of Monroe <r BOARD OF COUNTY COMMISSIONERS � Mayor David Rice, District 4 IleOI1da Keys ��x t t 0. Mayor Pro Tem Sylvia J. Murphy, District 5 Danny L. Kolhage, District I P f,< George Neugent, District 2 a Heather Carruthers, District 3 County Commission Meeting March 21, 2018 Agenda Item Number: U.1 Agenda Item Summary #4007 BULK ITEM: Yes DEPARTMENT: Project Management / Facilities TIME APPROXIMATE: STAFF CONTACT: Raymond Sanders (305) 295 -4338 N/A AGENDA ITEM WORDING: Approval to enter into a site access agreement with Florida Department of Environmental Protection and a subsequent site access agreement with the FDEP selected contractor for petroleum contamination assessment and cleanup at the Plantation Key Courthouse Campus. ITEM BACKGROUND: In an effort to encourage detection, reporting and cleanup of contamination caused by discharges of petroleum or petroleum products, the Florida Legislature created the Petroleum Cleanup Participation Program (PCPP) to provide rehabilitative funding assistance for property contaminated by discharges of petroleum or petroleum products occurring before January 1, 1995. FDEP has reviewed its records for Facility 444 9102657 and discharge, Monroe County Public Works Division — Garage, 186 Key Heights Drive, Tavernier, FL and has determined that the September 1, 1991 discharge reported at the closed tank location is eligible for the PCP program. If executed, the access agreement allows a FDEP contractor to enter the County property and conduct an assessment and potential cleanup of the reported petroleum contamination. Project Management staff are awaiting receipt of additional information from FDEP to questions that they have. If the information is received prior to the March 21 BOCC meeting, then an additional information memorandum will be supplied to the BOCC and supplemented to this AIS. PREVIOUS RELEVANT BOCC ACTION: None. CONTRACT /AGREEMENT CHANGES: Site Access Agreement with FDEP STAFF RECOMMENDATION: Recommend approval as outlined above. DOCUMENTATION: FDEP Site Access Agreement 2018.02.23 - FDEP Notice Letter FDEP Instructions and FAQs FINANCIAL IMPACT: Effective Date: April 19, 2018 Expiration Date: Total Dollar Value of Contract: $0 Total Cost to County: $0 Current Year Portion: $0 Budgeted: N/A Source of Funds: N/A CPI: N/A Indirect Costs: $0 Estimated Ongoing Costs Not Included in above dollar amounts: $0 Revenue Producing: No Grant: No County Match: N/A Insurance Required: No Additional Details: If yes, amount: N/A REVIEWED BY: Ann Mytnik Completed 03/09/2018 7:02 AM Cary Knight Completed 03/09/2018 11:16 AM Kevin Wilson Completed 03/09/2018 2:19 PM Chris Ambrosio Completed 03/09/2018 3:03 PM Budget and Finance Completed 03/09/2018 3:07 PM Maria Slavik Completed 03/09/2018 3:08 PM Kathy Peters Completed 03/09/2018 4:41 PM Board of County Commissioners Pending 03/21/2018 9:00 AM pe par, tk Petroleum Restoration Program SITE ACCESS AGREEMENT 1. The Parties The undersigned real property owner, MONROE COUNTY ( " Owner "), hereby give(s) permission to the State of Florida, Department of Environmental Protection (FDEP) ( "Department ") and its Contractor, subcontractors, and vendors ( "Contractor "), to enter the Owner's property ( "the Property') 88770 OVERSEAS HWY, PLANTATION KEY 33036 with FDEP Facility ID# 9102657 The Property Owner owns the certain parcel(s) 00416020000000 of real property located at 88770 OVERSEAS HWY, PLANTATION KEY, MONROE COUNTY, FLORIDA 33036 (the "Property "), depicted on the attached legal description as Exhibit "A." 2. Permissible Activities This Site Access Agreement ( "Agreement ") is limited to activities which may be performed by the Department or its Contractors pursuant to Chapter 62 -780, Florida Administrative Code (F.A.C.), without cost to the Owner (unless required in a separate agreement) to locate contamination, determine contamination levels and, when necessary, remove and remediate contamination which may be performed by the Department and its Contractor. This access is provided only for the contamination either eligible for a state - funded cleanup or is being investigated pursuant to a consent order with the Department. The following activities are included in this Agreement but are not limited to this list: • conduct soil, surface, subsurface, and groundwater investigations, including but not limited to entry by a drill rig vehicle and /or support vehicles, • install and remove groundwater monitoring wells; • use geophysical equipment; • use an auger for collecting soil and sediment samples; • locate existing wells; • collect waste, soil, and water samples; • remove, treat and /or dispose of contaminated soils and water; • remove contaminated soil by digging with backhoes, large diameter augers and similar equipment; • install, operate, and remove remedial equipment; • install and remove utility connections; • trenching for connection of remediation wells to equipment; and • conduct surveys, prepare site sketches, and take photographs. 3. Duration and Termination of Access This Agreement is granted, without any fee or charge to the Department or Contractor, for so long as is necessary to assess, remove, monitor and remediate the contamination on the Property. Access shall be allowed forthe Department (including its employees and contracted site managers with Teams 5 and 6 or local government, if applicable) immediately upon the execution of this Agreement. PRPSiteAccessAgreement 071117 Facility ID# 9102657 Page 1 of 5 However, access for a Contractor can be contingent upon the Owner timely entering into a separate site access agreement with the Contractor (if the Owner wants a separate agreement with the Contractor please check the appropriate box at the end of this document). Such agreement with a Contractor is not binding upon the Department. This Agreement shall continue until the Department's entry of a site rehabilitation completion order pursuant to Rule 62- 780.680, Florida Administrative Code, or low- scored site initiative no further action order pursuant to Section 376.3071(12)(b), Florida Statutes ( "Order "). At which time the Owner shall be provided a copy of the Order and this Agreement shall be automatically terminated. 4. Work Performed during Business Hours The Department and Contractor may enter the Property during normal business hours and may also make arrangements to enter the Property at other times after agreement from the Owner. 5. Environmental Infrastructure and Well Permits The owner authorizes the Department and the Contractor to act as its authorized representative in signing all required forms and documents necessary for obtaining applicable permits related to environmental infrastructure improvements including well construction, repair, maintenance, modification, and abandonment pursuant to Chapter 373 F.S. 6. Activities Comply with Applicable Laws. The Department and Contractor agree that any and all work performed on the Property and in association with this Agreement shall be done in a good, safe, workmanlike manner, and in accordance with applicable federal and state statutes, rules and regulations. 7. Proper Disposal of Contaminated Media The Department and Contractor shall ensure that soil cuttings, any work materials, and water generated shall be disposed of in accordance with Environmental Laws. All soil cuttings, waste materials and development water generated shall be promptly removed from the Property. 8. Property Restoration The Department shall pay the reasonable costs of restoring the Property as nearly as practicable to the conditions which existed before activities associated with contamination assessment or remedial action were taken. 9. Owner's Non - Interference The Owner shall not interfere with the Department or Contractor when performing the Permissible Activities. Owner shall not damage any equipment including wells, piping, and remediation system that may be located on the Property. Owner shall notify the Department 90 days prior to commencement of any construction, demolition or other work on the Property that may damage or destroy any part of the equipment installed under this Agreement. If the Department anticipates that the remediation equipment will not be used for over one calendar year, the Owner can request removal of the remediation equipment if it is interfering with the operation of the business or with planned construction activities. 10. Non - revocable If Property is the source of the discharge that is eligible for State funded remediation pursuant to Chapter 376, Florida Statutes, access to the Property is required and Owner may not revoke this Agreement with the Department until the appropriate site PRPSiteAccessAgreement 071117 Facility ID# 9102657 Page 2 of 5 rehabilitation completion order is issued under Chapter 62- 780.680 or a low- scored site initiative order issued pursuant to Section 376.3071(12)(b), Florida Statutes, is final. 11. No Admission The granting of this Agreement by the Owner is not intended, nor should it be construed, as an admission of liability on the part of the Owner for any contamination discovered on the Property. 12. Owner's Use of Property The Owner retains the right to use the Property, and the Department and its Contractors will work with the Owner regarding minimizing activities that may interfere with the Owner's management and use of the Property. However, neither the Department nor the Contractor are responsible for any inconvenience, economic injury, or business damage that Owner may suffer due to the performance of any Permissible Activity. This agreement does not modify any legal right the parties may have regarding negligent acts. 13. Owner's Release of Claim If Owner selected a qualified contractor (not an agency term contractor), the Owner hereby releases the Department from any and all claims against the Department performed by the Owner's selected contractor arising from or by virtue of, the Permissible Activities. 14. Injury to Department The Owner shall not be liable for any injury, damage or loss on the Property suffered by the Department, Department employees or Contractors not caused by the negligence or intentional acts of the Owner's agents oremployees. 15. Indemnification The Department does not indemnify the Owner, see paragraph 16. The Contractor has indemnified the Department. However, if the Owner chooses to enter into a separate access agreement with the Contractor, the Contractor is not prohibited from indemnifying Owner as long as such indemnification does not conflict with the Contractor's indemnification of the Department. Where no conflicts exist, any subsequent indemnification by the Contractor to any party associated with the Permissible Activities is subservient and subordinate to the Contractor's indemnification of the Department. 16. Sovereign Immunity The Department acknowledges and accepts its responsibility under applicable law (Section 768.28, Florida Statutes) for damages caused by the acts of its employees while on the Property. 17. Public Records All documents created or received associated with the Permissible activities are a public record pursuant to Chapter 119, Florida Statutes. The Owner may retrieve any documents or other information related to the Permissible Activities online using the facility number reference above. http. ZZdepedms. dep. state.fl.usZOculusZservletZloin ?action =login 18. Entire Agreement This Agreement shall constitute the entire agreement between the Department and the Owner regarding this grant of access to the Department as stated herein. No modification, amendment or waiver of the terms and conditions of this Agreement shall be binding upon Department unless approved in writing by an authorized representative of Owner and Department PRPSiteAccessAgreement 071117 Facility ID# 9102657 Page 3 of 5 19. Governing Law and Venue This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Venue for any action or proceeding arising from or relating to this Agreement shall be in the appropriate Florida court having jurisdiction located in Leon County, Florida. 20. Severability Any provision of this Agreement that is prohibited or unenforceable shall be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof. 21. No Third Party Beneficiaries This Agreement is solely for the benefit of the parties hereto and their respective successors and assigns and shall not be deemed to confer upon third parties any remedy, claim, liability, or reimbursement, claim of action or other right. A. Are additional requirements attached to this agreement? Note: Additional requirements must be on a separate page titled Exhibit B and include the facility ID #, owner signature and date on the page. YES U NO B. Do you wish to participate or provide input with respect to rehabilitation of this facility? is YES () NO C. -Do you wish to exercise the option to reject one Contractor priorto assignment of work? Ip YES NO D. Do you want the Contractor to contact you to obtain a separate site access agreement? Note: Additional site access agreements must be completed between the owner and Contractor within ninety (90) calendar days. Ip YES 0 NO PRPSiteAccessAgreement 071117 Facility ID# 9102657 Page 4 of 5 Date Property Owner Telephone or Cell Phone Number ______ Date Austin Hofmcister Program Administrator RM Signature of Witness ME PRPSitcAccessAgmement 071117 Facility M# 9102657 Page 5 of J, Exhibit A Short Legal Description: KEY HEIGHTS SECTION 2 PLANTATION KEY P133 -159 LOTS 1 -5 & LOT 6 LESS THE W'LY 10' BK 4 OR123- 192/93 OR147 -410 OR257 -408 OR646 -399 OR707- 856/46 OR842- 1533/1534E (RE #'S 41601 & 41603 COMBINED FOR ASSMT PURPOSES 4- 21 -94) FDEP Coordinates(Degrees Minutes Seconds) for Facility 44/ 9102657: Latitude 24 ° 58' 45.5592 " Longitude 80 33' 3.0312" Exhibit B Facility ID# 44 9102657 The Florida Department of Environmental Protection (FDEP) will provide Monroe County the proposed scope of work and construction schedule and obtain approval from the Director of Project Management or designee prior to any construction activities by the FDEP contractor. Signature of Property Owner Date 2/23/2018 Florida Department of Environmental Protection Bob Martinez Center 2600 Blair Stone Road Tallahassee, Florida 32399 -2400 MONROE COUNTY 500 WHITEHEAD STREET KEY WEST, FL 33040 Subject: Notice of Funding Availability for Assessment MONROE CNTY PUBLIC WORKS DIV- GARAGE 186 KEY HEIGHTS DR TAVERNIER, MONROE COUNTY FDEP Facility ID#44 9102657 Eligible Discharge Date: 9/1/1991 (PCPP) Priority Score: 9 Dear Property Owner: Rick Scott Governor Carlos Lopez - Cantera Lt. Governor Noah Valenstein Secretary Your property has been identified as a site affected by petroleum contamination that is eligible for an assessment funded by the State of Florida. On 1/19/2018, the Florida Department of Environmental Protection (Department) sent you a letter with a Site Access Agreement attached. To date, a response to this letter has not been received by the Department. Providing site access to your property to allow cleanup of the contamination is a required condition to maintain eligibility in the State - funded Petroleum Restoration Program. Should you fail to execute and return the Agreement to the Department within 14 calendars of the date of this letter, the Department may begin the process of revoking your eligibility in the program. If such eligibility is revoked, the total cost to cleanup your property will become your responsibility. For additional information regarding the Petroleum Restoration Program, please find a list of Frequently Asked Questions attached to this letter. Additional information is also posted on our website at https - ./ /floridadep.Zov /waste /petroleum- restoration https:Hfloridadep.gov/ Second Letter- version 115116 MONROE COUNTY FDEP Facility ID# 9102657 Page 2 of 2 2/23/2018 If you have any questions, please contact Grace Rivera, 850- 245 -8882, Grace.Rivera @ dep. state. fl. us Sincerely, Alan Sakole Environmental Supervisor York Risk Services Group, Inc. Administrative Services Contractor Ajan.SakojL@yorkrsg.com Enclosure: Oculus Instructions Site Access Agreement Instructions for Completion of Site Access Agreement Frequently Asked Questions ec: File Note, this cover letter is for your records and should not be returned Access to Oculus Storage Tank Database Files Type in the Florida Department of Environmental Protection (DEP) web page, as shown: https: / /floridadep. Zov /waste Click OCULUS link on left side of screen, located under Waste Management Quick Links. On OCULUS sign -in screen, click PUBLIC OCULUS LOGIN button. In OCULUS Search, located on the left, the following selections need to be made: Catalog - Storage Tanks, Search By - Property, Property - Facility -Site ID. Please note that you may need to scroll down in each search box to locate the selection needed (refer to below screen capture). In the Facility -Site ID space, enter the Facility /Site ID #. This number can be located within the subject matter on your letter. When keying the Facility /Site ID #, the first two numbers and the space will need to be removed. For example, Facility /Site ID # 52 8624585 is to be entered as 8624585. Upon entry, hit "Enter" on your keyboard. The entered property name should appear to the right of the Facility /Site ID #. Click on the "Search" button to continue (refer to below screen capture). On Search Results page, the user can select and view the displayed files in a variety of ways via the column headers (Document Date, Received Date, Document Type, or Document Subject). Viewing preference can be done by date or alpha. Click on the column header that is blue and underlined. Continue to click on the column header until the desired viewing arrangement (ascending date, descending date, or alpha order) is reached. Recommended viewing is: Document Date, descending order (see below screen capture). To select and view a file, please click on the File Type column image icon shown for that line (see below screen capture). When the yellow box appears at the bottom of the screen, click Open — am Page I of 1 If you have any questions regarding Oculus, you can contact the Service Desk at DEP via email at ser€ icedesk@ &D.state.ffus INSTRUCTIONS FOR COMPLETION OF SITE ACCESS AGREEMENT This agreement is required to allow FDEP and the Agency Term Contractor (ATC) personnel to enter your property to perform remediation services. Upon issuance of a Closure Order, your site will be restored as nearly as practical to the conditions which existed before the activities, and the access agreement shall be terminated. The Agreement includes 21 standard paragraphs. Alteration may not be made directly on the original agreement. In addition, there are four questions concerning owner access preference that must be answered by checking the corresponding boxes. Any additional requirements or agreements may not result in the FDEP incurring additional expenses. Please see the instructions following each question for more information. A. Are additional requirements attached to this agreement? Note: Additional requests must be on a separate page titled Exhibit B and include the facility ID #, owner signature and date on the page. Some property owners require additional access conditions, such as those mandated in the Jessica Lundsford Act for school properties, or have specific requirements regarding notification of work. Additional requirements may be requested on a separate signed and dated page to this agreement, to be titled Exhibit B. Such requests are subject to evaluation and approval by the Department. You will be informed if the Department cannot accept your request. Any changes or alterations to the standard access agreement must be made in Exhibit B, and not on the original agreement. B. Do you wish to participate or provide input with respect to rehabilitation of this facility? If you wish to be in close communication with the ATC and receive notifications of work, copies of reports and recommendations for the site, select "yes" for this option. If you prefer to be hands off and let the ATC conduct all work as directed by the FDEP, please select "no." C. Do you wish to exercise the option to reject one Agency Term Contractor prior to assignment of work? As required by legislation outlined in Chapter 62 -772 Florida Administrative Code, FDEP will use a competitive procurement process to select an ATC to conduct the assessment/remediation activities. Checking "yes" for the above option allows you to be informed by FDEP which ATC is selected before they are authorized to initiate activities, and reject one selected ATC, if you so choose. D. Do you want the Contractor to contact you to obtain a separate site access agreement? Note: Additional site access agreements between the owner and ATC must be completed within ninety (90) calendar days. If "yes" is selected, you will be contacted by the ATC to discuss the terms of your additional site access agreement prior to beginning any work at your site. The State of Florida does not review or give advice regarding these separate agreements. If you choose to do this, the separate access agreement cannot contradict, and must be subservient to, the agreement between the owner and the FDEP. Page 1 of 1 FREQUENTLY ASKED QUESTIONS FOR SITES SCORED 19 AND BELOW What is the Petroleum Restoration Program? The Department of Environmental Protection (DEP) Petroleum Restoration Program (PRP) includes the technical oversight, management, and administration of the assessment and cleanup of property contaminated by discharges of petroleum and petroleum products from stationary petroleum storage systems. Petroleum contaminated sites that are eligible for cleanup by the State will be funded in priority order based on the potential threat to the public health and the environment. What facility or site is this letter referring to? For information specific to your property please visit the Department's Contamination Locator Map (CLM) on its website: 1. Go to the PRP main page hi.i.ps://floridadep.gov/wasi.e 2. Click on the blue CLM — Contamination Locator Map under the Waste Management Quick Links on the left of the screen 3. Select "Petroleum" from the search criteria, select "Continue." 4. Search for the site using an address, a 5 -digit zip code or a city. Is this Site Access Agreement required? Yes, property owners must provide permission for the Department and its contractors to access the property that is the location of the contamination. Such permission is required by state law to retain the state - funded eligibility and so that the Department and its contractors can conduct the work necessary to cleanup the property. Owners are asked to grant that permission by signing a Site Access Agreement. Please review all pages of the document provided, and don't hesitate to call the Department with any questions you may have. Will the site assessment or remediation work impact my business? Contractors are required to notify the property owner and any operator on the property before the contractor comes to the property to perform field work. This is your opportunity to inform the contractor of anything that is happening on your property or that has changed since the last time the contractor was on the property. Site rehabilitation may temporarily block parts of your parking lot while work is being conducted. You will be informed when this may happen. What will my property look like when this is done? Your property will be restored as nearly as practicable to the conditions which existed prior to activities associated with contamination assessment or remedial action were taken. Page 1 of 4 1/18/2018 FREQUENTLY ASKED QUESTIONS FOR SITES SCORED 19 AND BELOW What if there is an issue with the work conducted at my site? Once you sign the Site Access Agreement, you will be assigned a PRP site manager. The site manager is responsible for overseeing the technical and administrative aspects of the site cleanup. Your assigned site manager will be contacting you at various times during the process but you may contact the PRP site manager any time to discuss any problems or concerns you may have about the work. You will also have an opportunity to evaluate the performance of the contractor that works on your contaminated site. If you would like to participate or provide input with respect to how site rehabilitation proceeds on your property, please select (YES) to paragraph 21 B of Site Access Agreement. Will I be expected to pay for this work? Look on the PRP cover letter for this request and you will see what program(s) for which your contamination is eligible. If your contamination is eligible for the Early Detection Incentive Program (EDI), and that is the only contamination on your property, then you should not have to pay for anything. If your contaminated site is in a state - funded eligibility program that has a deductible: Petroleum Liability and Restoration Insurance Program (PLRIP), Abandoned Tank Restoration Program (ATRP), and Innocent Victim Petroleum Storage System Restoration Program (IVPSSRP), the deductible payment is not required for the assessment work under the Low -Score Assessment (LSA) or Low - Score Site Initiative (LSSI). If a site is under an LSA and qualifies for closure, after completion of the assessment work, the deductible payment will need to be received before the closure order is issued by the Department. For contaminated sites that are in a cost share program: Petroleum Cleanup Participation Program (PCPP), the 25% cost share copayment, the Limited Contamination Assessment Report (LCAR), and the PCPP agreement are not required for the work under the LSA and LSSI. In FPLRIP and PCPP, the Department is limited as to how much state money it can expend for assessment and remediation of the site. When the site becomes within funding range for the remediation, and if the contamination cannot be remediated under those funding caps, then you may be required to expend funds to complete the cleanup. Who will be doing the work on my property? The Department has competitively procured qualified cleanup contractors through Agency Term Contracts. One of our Agency Term Contractors (ATCs) will be selected for your site, unless your site is eligible under a cost share program such as PCPP or Advanced Cleanup where the owner or other responsible party can recommend a contractor to the Department. You will be notified of the selected ATC and have the option to evaluate and reject the ATC prior to work assignment if you are not satisfied with the selection. See paragraph 21 C & 21 D of the Site Access Agreement. Page 2 of 4 1/18/2018 FREQUENTLY ASKED QUESTIONS FOR SITES SCORED 19 AND BELOW What is the Difference between the Low -Score Site Initiative (LSSI) and the Low - Score Assessment (LSA)? Low -Score Site Initiative I Low -Score Assessment Voluntary program for owners /responsible parties that provides a faster assessment to the qualified sites with the intent of closing sites below funding range. Department led assessment to determine risk of contamination at sites below funding range. Authorized and described in Section 376.3071(12), Florida Statutes. Up to $35,000 for assessment activities and up to $35,000 for remediation. Not all low score sites qualify for LSSI. Florida law requires certain criteria for a site to be considered for the LSSI. An executed Site Access Agreement is not required, and the DEP does NOT solicit the owner /responsible party for such agreements. The owner only needs to submit the LSSI application to participate. However, the DEP must be provided access to the property should DEP in fact visit the property. Owner acknowledges that minimal contamination may remain onsite and agrees to the DEP issuing a "LSSI No Further Action" determination. LSSI NFA sites are logged on to the DEP's online Institutional Control Registry. Authorized in Section 376.3071(4), Florida Statutes Provides enough funding to complete assessment, no limit on the funds needed to assess the site except for the statutory limits tied to the specific eligibility program (PCPP & FPLRIP) All low score petroleum contaminated sites eligible for state - funded cleanup may be considered for LSA. The DEP requires an executed Site Access Agreement from the real property owner(s) (and recorded leaseholders) before an LSA is conducted. The data collected will determine if the contaminated site is a health risk, requires monitoring, remediation, or qualifies for closure. If additional monitoring or remediation is required, the site will be placed back in the line to await priority funding. Page 3 of 4 1/18/2018 FREQUENTLY ASKED QUESTIONS FOR SITES SCORED 19 AND BELOW For additional LSA or LSSI information please visit the Petroleum Restoration Program website http://Floridadeov/ waste / petroleum - resto ratio n /content /petroleum- cleanup- rograms How long will it be before something is done on my site after access is granted? Once the signed Site Access Agreement is received by the Department, a site manager will be assigned to your site. The assigned site manager will then contact you within 30 days to discuss the next steps and will be able to answer any questions you have about the program. Who do I contact about my site? For general questions concerning your site and the Site Access process or agreement, please contact Grace Rivera at 850 - 245 -8882. If you are considering the LSSI, please contact Graham Witt at (850) 222 -6446, ext. 260 For specific questions about the eligibility program of your discharge Early Detection Initiative (EDI), Abandoned Tank Restoration Program (ATRP), Petroleum Liability and Restoration Insurance Program (PLRIP), Innocent Victim Petroleum Storage System Restoration Program (IVPSSRP), or Petroleum Cleanup Participation Program (PCPP) contact Lewis Cornman at 850 - 245 -8846. Page 4 of 4 1/18/2018