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j OVIi a /0,? la -C.a , 0Cf MASTER AGREEMENT FOR DEMAND SIDE MANAGEMENT AND ENERGY EFFICIENCY SERVICES (STATE GOVERNMENTAL ENTITIES) THIS MASTER AGREEMENT is made and entered into as of August 19, 2008 (the "Effective Date"), by and between FPL Energy Services, Inc., a Florida corporation, license No.QB0017858, and Indian River County, a political subdivision of the State of Florida, with reference to the following: RECITALS A. Pursuant to Florida Statutes Section 489.145, known as the Guaranteed Energy Performance Savings Contracting Act, the Customer issued a Request for Qualifications to the 12 entities listed as "Energy Service Companies/Guaranteed Energy Performance Savings Contractors" currently approved under a State of Florida Master Procurement. The Guaranteed Energy Performance Savings Contractors were selected in compliance with Florida Statutes Section 287.055, the Consultants Competitive Negotiation Act; B. The Customer formed a selection committee to review the submittals and short-listed 3 firms; on June 3, 2008, the County Board of County Commissioners approved the selection of the Company to perform the Services contemplated in this Master Agreement; C. The Company is a guaranteed energy performance savings contractor as defined in Florida Statutes section 489.145(3)(e); is licensed under Chapters 471, 481, and 489, Florida Statutes; and is in the business of providing demand side management energy efficiency Services for its customers pursuant to a Company initiated Program; D. The Customer has agreed to participate in the Program by considering the furnishing and upgrading of its facilities with energy efficient equipment and systems in order to achieve potential water and energy savings; and E. Pursuant to this Master Agreement, the Parties wish to set forth their understanding concerning certain Services which may be provided by the Company to the Customer under the Program. NOW, THEREFORE, in consideration of the mutual promises and covenants set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties, intending to be legally bound, hereby agree as follows: ARTICLE 1 — DEFINITIONS 1.1 Authorization Form means a form prepared by the Company for the purpose of identifying the Customer's options for proceeding with the evaluation, design or installation of specific ECO's identified at one or more Service Locations. An Authorization Form shall accompany each of the following types of documents prepared by the Company under this Master Agreement, Feasibility Study Proposals and Feasibility Reports. 1.2 Chane means a request by the Customer that changes the Services, which may consist of modifications or additions to, or deletions from, any Services to be performed or materials to be provided by the Company arising under this Master Agreement. 1.3 Company means FPL Energy Services, Inc., a Florida corporation, including its successors and assigns. 1.4 Confidential Information shall mean all information marked as "confidential" or "proprietary" by an appropriate stamp, label, legend or other written notice thereon if transmitted electronically or other written form, Page 1 of 20 Rev 08/15/08