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09/12/2017 (3)
BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY FLORIDA COMMISSION AGENDA TUESDAY, SEPTEMBER 12, 2017 - 9:00 AM Commission Chambers Indian River County Administration Complex 1801 27th Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com COUNTY COMMISSIONERS Joseph E. Flescher, Chairman, District 2 Peter D. O'Bryan, Vice Chairman, District 4 Susan Adams, District 1 Bob Solari, District 5 Tim Zorc, District 3 Jason E. Brown, County Administrator Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller 1. CALL TO ORDER 2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS 2.B. INVOCATION Stan Boling, Community Development Director 3. PLEDGE OF ALLEGIANCE Commissioner Susan Adams 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS 6. APPROVAL OF MINUTES 6.A. Regular Meeting of July 11, 2017 6.B. Budget Workshop July 12, 2017 6.C. Regular Meeting of July 18, 2017 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION September 12, 2017 Page 1 of 5 7.A. Florida Public Service PSC -2017 -0321 -CO -EQ makes final; docket to be closed. In re: standard offer contract, by Florida the Office of the Clerk to the Board. Commission- Consummating Order Order PSC -2017 -0278 -PAA -EQ effective and Petition for approval of renewable energy tariff and Power & Light Company. Is on file for review in 7.B. Resignation of Duane Weise, as Citizen Member Adjustment Board Appointee to the Value 7.C. Florida Public Service Commission - Consummating Order PSC -2017 -0331 -CO -EI In re: Petition for approval of revised underground residential distribution tariffs, by Duke Energy Florida, LLC. Is on file for review in the Office of the Clerk to the Board. 7.D. Florida Public Service Commission Order No. PSC -2017 -0336 -PAA -EQ In re: Petition for approval of amended standard offer contract and amended interconnection agreement, by Duke Energy Florida, LLC. Is on file for review in the Office of the Clerk to the Board. 7.E. Update On All Aboard Florida/Vero Electric Expenses 7.F. City of Fellsmere Ordinance 2017-19 Annexation of 9.92 Acres, is on file in the Office of the Clerk to the Board 7.G. Tri -County Meeting to Discuss Joint Legislative Matters 8. CONSENT AGENDA 8.A. Checks and Electronic Payments August 4, 2017 to August 10, 2017 8.B. Checks and Electronic Payments August 11, 2017 to August 17, 2017 8.C. Checks and Electronic Payments August 18, 2017 to August 24, 2017 8.D. Checks and Electronic Payments August 25, 2017 to August 31, 2017 8.E. Acceptance and Approval of Expenditures for Emergency Federally -Funded Subgrant Agreement (EMPG) 18 -FG -XX -10 -40 -01 -XXX 8.F. Acceptance and Approval of Expenditures for Emergency State -Funded Subgrant Agreement (EMPA) 18 -BG -XX -XX -XX -XXX 8.G. U.S. Dollar LIBOR -Based Instrument Class Action Lawsuit Management Management 8.H. Thomas F. Scott's Request for Extension of Site Plan Approval for an Assisted Living Facility Development to be Known as Reflections ALF (SP -MA -15-1 1-32 / 2003070312) 8.I. Approval of Extension of FX Software Agreement 8.J. Invitation from John's Island Golf Club for Staff to Participate in a "Public Safety Day" Golf Outing September 12, 2017 Page 2 of 5 8.K. Request to Waive Bid Process for Supplemental Building Inspection Services for Fiscal Year 2017/2018 8.L. JWD Automotive, Inc. d/b/a Napa Auto Care of Cape Coral v. DJM Advisory Group LLC et al. Class Action Lawsuit 8.M. Resolution of Support for Application to the Florida Highway Beautification Council for a Highway Beautification Grant for South US Highway 1 in Indian River County 8.N. 2017/2018 State/County Contract Indian River County Health Department 8.0. Release of Retainage - Work Order No. 3 Morgan & Eklund, Inc. 2017 Beach Profile Monitoring Surveys (Summer) 8.P. Carole Jean Jordan, Tax Collector, Request for the Tax Roll to be Extended Prior to the Completion of the Value Adjustment Board Hearings Pursuant to Florida Statute 197.323 8.Q. Miscellaneous Budget Amendment 023 8.R. State Aid to Libraries New Library Director Grant Certification of Credentials Form DLIS/SA01 8.S. Work Order No. 15 with Kimley-Horn and Associates for the Control System Implementation for Well No. 4 and 7 at South County RO Plant (SCRO) 8.T. Assignment of Leases and Rents from Sebastian Corners Retail Center, LLC 8.U. Approval of Agreement with Florida Blue for the County's Excess Loss/Reinsurance Policy 8.V. Request for Approval of Library System's Plan of Service 2017/2018 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 10. PUBLIC ITEMS A. PUBLIC HEARINGS 10.A.1. Deferred Compensation Ordinance Change (Legislative) 10.A.2. Konover Acquisitions Corporation's Request to Rezone Approximately 9.66 Acres from CL, Limited Commercial to PD, Planned Development and to Obtain Conceptual PD Plan Approval for a Project Known as Vero Beach Square [PD -17-04-02 / 2007110117-78442] (Quasi -Judicial) B. PUBLIC DISCUSSION ITEMS C. PUBLIC NOTICE ITEMS 11. COUNTY ADMINISTRATOR MATTERS September 12, 2017 Page 3 of 5 11.A.1. Collective Bargaining Agreement Between Indian River County and Teamsters, Local Union No. 769 - FY2017/18 General Wage Increase 12. DEPARTMENTAL MATTERS A. Community Development B. Emergency Services C. General Services 1. Human Services 2. Sandridge Golf Club 3. Recreation D. Human Resources E. Office of Management and Budget F. Public Works G. Utilities Services 13. COUNTY ATTORNEY MATTERS 14. COMMISSIONERS MATTERS A. Commissioner Joseph E. Flescher, Chairman B. Commissioner Peter D. O'Bryan, Vice Chairman C. Commissioner Susan Adams D. Commissioner Bob Solari E. Commissioner Tim Zorc 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District 15.A.1. Approval to Purchase Sole Source Equipment for Fire Rescue B. Solid Waste Disposal District C. Environmental Control Board 16. ADJOURNMENT September 12, 2017 Page 4 of 5 BCC Agenda of September 12, 2017 Agenda Item 2.B — Invocation Stan Boling is unable to attend. Susan Adams will provide invocation Agenda Item 4. — Additions/Deletions to the Agenda / Emergency Items Request to Add Emergency Addition Item 154 Tenth Amendment to Republic Services Request to move all items on this agenda to the September 19`h Commissioner Meeting With the following Exceptions: Public Hearings: 10.A.1 and 10.A.2 Emergency Services District: 15.A.1 Added Item for Solid Waste Disposal District: 15.B.1. Public Hearings: Open Item 10.A.1. and Defer to the Meeting of September 19, 2017 Open Item 10.A.2. and Defer to the Meeting of September 19, 2017 Emergency Services District: Take Action on Item 15.A.1 — Approval to Purchase Sole Source Equipment for Fire Rescue Solid Waste Disposal District: Take Action on Emergency Addition Item 15.B.i. - Tenth Amendment to Republic Services 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. Commission Meetings are broadcast live on 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. September 12, 2017 Page 5 of 5 FILED 8/10/2017 DOCUMENT NO. 06898-20171 FPSC - COMMISSION CLERK BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION In re: Petition for approval of renewable energy tariff and standard offer contract, by Florida Power & Light Company. BY THE COMMISSION: DOCKET NO. 20170077 -EQ ORDER NO. PSC -2017 -0321 -CO -EQ ISSUED: August 10, 2017 CONSUMMATING ORDER pl-onq /14. By Order No. PSC -2017 -0278 -PAA -EQ, issued July 18, 2017, this Commission proposed to take certain action, subject to a Petition for Formal Proceeding as provided in Rule 25-22.029, Florida Administrative Code. No protest has been filed in response to the Order, in regard to the above mentioned docket. It is, therefore, ORDERED by the Florida Public Service Commission that Order No. PSC -2017 -0278 - PAA -EQ has become effective and final. It is further KFC • ORDERED that this docket shall be closed. By ORDER of the Florida Public Service Commission this 10th day of August, 2017. avd„,,y-od CARLOTTA S. STAUF‘Vt(11- Commission Clerk Florida Public Service Commission 2540 Shumard Oak Boulevard Tallahassee, Florida 32399 (850) 413-6770 www.floridapsc.com Copies furnished: A copy of this document is provided to the parties of record at the time of issuance and, if applicable, interested persons. ORDER NO. PSC -2017 -0321 -CO -EQ DOCKET NO. 20170077 -EQ PAGE 2 NOTICE OF FURTHER PROCEEDINGS OR JUDICIAL REVIEW The Florida Public Service Commission is required by Section 120.569(1), Florida Statutes, to notify parties of any judicial review of Commission orders that is available pursuant to Section 120.68, Florida Statutes, as well as the procedures and time limits that apply. This notice should not be construed to mean all requests for judicial review will be granted or result in the relief sought. Any party adversely affected by the Commission's final action in this matter may request judicial review by the Florida Supreme Court in the case of an electric, gas or telephone utility or the First District Court of Appeal in the case of a water and/or wastewater utility by filing a notice of appeal with the Office of Commission Clerk and filing a copy of the notice of appeal and the filing fee with the appropriate court. This filing must be completed within thirty (30) days after the issuance of this order, pursuant to Rule 9.110, Florida Rules of Appellate Procedure. The notice of appeal must be in the form specified in Rule 9.900(a), Florida Rules of Appellate Procedure. • s FILED 8/18/2017 DOCUMENT NO. 07142-2017 FPSC - COMMISSION CLERK BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION In re: Petition for approval of revised underground residential distribution tariffs, by Duke Energy Florida, LLC. BY THE COMMISSION: (1,6 b DOCKET NO. 20170069 -EI ORDER NO. PSC -2017 -0331 -CO -EI • ISSUED: August 18, 2017 CONSUMMATING ORDER By Order No. PSC -2017 -0283 -TRF -EI, issued July 24, 2017, this Commission proposed to take certain action, subject to a Petition for Formal Proceeding as provided in Rule 25-22.029, Florida Administrative Code. No response has been filed to the order, in regard to the above mentioned docket. It is, therefore, ORDERED by the Florida Public Service Commission that Order No. PSC -2017 -0283 - TRF -EI has become effective and final. It is further MAD ORDERED that this docket shall be closed. By ORDER of the Florida Public Service Commission this 18th day of August, 2017. CARLOTTA S. STAUF ER Commission Clerk Florida Public Service Commission 2540 Shumard Oak Boulevard Tallahassee, Florida 32399 (850) 413-6770 www.floridapsc.com Copies furnished: A copy of this document is provided to the parties of record at the time of issuance and, if applicable, interested persons. • • • • ORDER NO. PSC -2017 -0331 -CO -EI DOCKET NO. 20170069 -EI PAGE 2 NOTICE OF FURTHER PROCEEDINGS OR JUDICIAL REVIEW The Florida Public Service Commission is required by Section 120.569(1), Florida Statutes, to notify parties of any judicial review of Commission orders that is available pursuant to Section 120.68, Florida Statutes, as well as the procedures and time limits that apply. This notice should not be construed to mean all requests for judicial review will be granted or result in the relief sought. Any party adversely affected by the Commission's final action in this matter may request judicial review by the Florida Supreme Court in the case of an electric, gas or telephone utility or the First District Court of Appeal in the case of a water and/or wastewater utility by filing a notice of appeal with the Office of Commission Clerk and filing a copy of the notice of appeal and the filing fee with the appropriate court. This filing must be completed within thirty (30) days after the issuance of this order, pursuant to Rule 9.110, Florida Rules of Appellate Procedure. The notice of appeal must be in the form specified in Rule 9.900(a), Florida Rules of Appellate Procedure. i FILED 8/24/2017 DOCUMENT NO. 07277-2017 FPSC - COMMISSION CLERK BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION In re: Petition for approval of amended standard offer contract and amended interconnection agreement, by Duke Energy Florida, LLC. DOCKET NO. 20170072 -EQ q7/2117 /i 17 ORDER NO. PSC -2017 -0336 -PAA -EQ 9/Z ISSUED: August 24, 2017 The following Commissioners participated in the disposition of this matter: JULIE I. BROWN, Chairman ART GRAHAM RONALD A. BRISK DONALD J. POLMANN NOTICE OF PROPOSED AGENCY ACTION ORDER APPROVING DUKE ENERGY FLORIDA, LLC'S STANDARD OFFER CONTRACT AND RATE SCHEDULE BY THE COMMISSION: NOTICE is hereby given by the Florida Public Service Commission that the action discussed herein is preliminary in nature and will become fmal unless a person whose interests are substantially affected files a petition for a formal proceeding, pursuant to Rule 25-22.029, Florida Administrative Code (F.A.C.). Background Section 366.91(3), Florida Statutes (F.S.), requires that each investor-owned utility (IOU) continuously offers to purchase capacity and energy from renewable generating facilities and small qualifying facilities. Florida Public Service Commission (Commission) Rules 25-17.200 through 25-17.310, Florida Administrative Code (F.A.C.), implement the statute and require each IOU to file with this Commission, by April 1 of each year, a standard offer contract based on the next avoidable fossil fueled generating unit of each technology type identified in the utility's current Ten -Year Site Plan. On March 30, 2017, Duke Energy Florida, LLC (DEF) filed a petition for approval of its amended standard offer contract and rate schedule and amended interconnection agreement based on its 2017 Ten -Year Site Plan. The standard offer contract requires execution of the interconnection agreement; however, the interconnection agreement can be utilized without the standard offer contract. At the Commission Conference held on July 13, 2017, we discussed concerns regarding certain terms of the amended standard offer contract, such as changes to completion/performance security provisions and inclusion of language for right of refusal regarding environmental attributes. We deferred the item and on July 14, 2017, DEF filed a revised amended standard offer contract to address these concerns. ORDER NO. PSC -2017 -0336 -PAA -EQ DOCKET NO. 20170072 -EQ PAGE 2 This Commission has jurisdiction over this standard offer contract pursuant to Sections 366.04 through 366.06 and 366.91, F.S. Review Standard Offer Contract Rule 25-17.250, F.A.C., requires that DEF, an IOU, continuously makes available a standard offer contract for the purchase of firm capacity and energy from renewable generating facilities (RF) and small qualifying facilities (QF) with design capacities of 100 kilowatts (kW) or less. Pursuant to Rule 25-17.250(1) and (3), F.A.C., the standard offer contract must provide a term of at least 10 years, and the payment terms must be based on the Utility's next avoidable. fossil -fueled generating unit identified in its most recent Ten -Year Site Plan or, if no avoided unit is identified, its next avoidable planned purchase. DEF has identified a 228 MW natural gas - fueled combustion turbine (CT) facility as its next planned generating unit in its 2017 Ten -Year Site Plan. The projected in-service date of the unit is June 1, 2024. The RF/QF operator may elect to make no commitment as to the quantity or timing of its deliveries to DEF. Under such a scenario, the energy is delivered on an as -available basis and the operator receives only an energy payment. Alternatively, the RF/QF operator may elect to commit to certain minimum performance requirements based on the identified avoided unit, such as being operational and delivering an agreed upon amount of capacity by the in-service date of the avoided unit, and thereby become eligible for capacity payments in addition to payments received for energy. The standard offer contract may also serve as a starting point for negotiation of contract terms by providing payment information to an RF/QF operator, in a situation where one or both parties desire particular contract terms other than those established in the standard offer. In order to promote renewable generation, we require each IOU to offer multiple options for capacity payments, including the options to receive early or levelized payments. If the RF/QF operator elects to receive capacity payments under the normal or levelized contract options, it will receive as -available energy payments only until the in-service date of the avoided unit (in this case June 1, 2024), and thereafter begin receiving capacity payments in addition to the energy payments. If either the early or early levelized option is selected, then the operator will begin receiving capacity payments earlier than the in-service date of the avoided unit. However, payments made under the early capacity payments options tend to be lower in the later years of the contract term because the net present value (NPV) of the total payments must remain equal for all contract payment options. The table below estimates the annual payments for each payment option available under the revised amended standard offer contract to an operator with a 50 MW facility operating at a capacity factor of 95 percent, which is the minimum capacity factor required under the contract to qualify for full capacity payments. Normal and levelized capacity payments begin in 2024, reflecting the projected in-service date of the avoided unit (June 1, 2024). ORDER NO. PSC -2017 -0336 -PAA -EQ DOCKET NO. 20170072 -EQ PAGE 2 This Commission has jurisdiction over this standard offer contract pursuant to Sections 366.04 through 366.06 and 366.91, F.S. Review Standard Offer Contract Rule 25-17.250, F.A.C., requires that DEF, an IOU, continuously makes available a standard offer contract for the purchase of firm capacity and energy from renewable generating facilities (RF) and small qualifying facilities (QF) with design capacities of 100 kilowatts (kW) or less. Pursuant to Rule 25-17.250(1) and (3), F.A.C., the standard offer contract must provide a term of at least 10 years, and the payment terms must be based on the Utility's next avoidable. fossil -fueled generating unit identified in its most recent Ten -Year Site Plan or, if no avoided unit is identified, its next avoidable planned purchase. DEF has identified a 228 MW natural gas - fueled combustion turbine (CT) facility as its next planned generating unit in its 2017 Ten -Year Site Plan. The projected in-service date of the unit is June 1, 2024. The RF/QF operator mayelect to make no commitment as to the quantity or timing of its deliveries to DEF. Under such a scenario, the energy is delivered on an as -available basis and the operator receives only an energy payment. Alternatively, the RF/QF operator may elect to commit to certain minimum performance requirements based on the identified avoided unit, such as being operational and delivering an agreed upon amount of capacity by the in-service date of the avoided unit, and thereby become eligible for capacity payments in addition to payments received for energy. The standard offer contract may also serve as a starting point for negotiation of contract terms by providing payment information to an RF/QF operator, in a situation where one or both parties desire particular contract terms other than those established in the standard offer. In order to promote renewable generation, we require each IOU to offer multiple options for capacity payments, including the options to receive early or levelized payments. If the RF/QF operator elects to receive capacity payments under the normal or levelized contract options, it will receive as -available energy payments only until the in-service date of the avoided unit (in this case June 1, 2024), and thereafter begin receiving capacity payments in addition to the energy payments. If either the early or early levelized option is selected, then the operator will begin receiving capacity payments earlier than the in-service date of the avoided unit. However, payments made under the early capacity payments options tend to be lower in the later years of the contract term because the net present value (NPV) of the total payments must remain equal for all contract payment options. The table below estimates the annual payments for each payment option available under the revised amended standard offer contract to an operator with a 50 MW facility operating at a capacity factor of 95 percent, which is the minimum capacity factor required under the contract to qualify for full capacity payments. Normal and levelized capacity payments begin in 2024, reflecting the projected in-service date of the avoided unit (June 1, 2024). ORDER NO. PSC -2017 -0336 -PAA -EQ DOCKET NO. 20170072 -EQ PAGE 3 Estimated Annual Payments to a 50 MW Renewable Facility 95% Capacity Factor Year Energy Payment Capacity Payment (By Type) Normal Levelized Early Early Levelized $(000) $(000) $(000) $(000) $(000) 2018 10,914 - -- - 2019 8,896 - -- - 2020 7,374 - -- - 2021 7,703 - -- - 2022 8,159 - - 2,003 2,321 2023 8,417 - - 2,054 2,324 2024 8,784 1,529 1,751 2,105 2,328 2025 9,122 2,687 3,007 2,158 2,332 2026 9,518 2,754 3,012 2,211 2,335 2027 9,654 2,823 3,016 2,267 2,339 2028 9,856 2,894 3,021 2,323 2,343 2029 10,073 2,966 3,026 2,382 2,347 2030 10,307 3,040 3,032 2,441 2,351 2031 10,801 3,116 3,037 2,502 2,356 2032 11,373 3,194 3,042 2,565 2,360 2033 11,738 3,274 3,048 2,629 2,365 2034 12,126 3,356 3,054 2,694 2,369 2035 12,728 3,440 3,060 2,762 2,374 2036 13,245 3,526 3,066 2,831 2,379 2037 13,811 3,614 3,072 2,902 2,384 Total 204,600 42,211 41,244 38,828 37,606 NPV (2018$) 100,862 16,647 16,647 16,647 16,647 Along with the updated avoided unit and payment information, DEF's 2017 revised amended standard offer contract includes content not seen in previous versions. Section 6.3 requires any RF/QF wishing to sell environmental attributes (EAs) to provide notice to DEF of its intent to sell the EAs, along with a "reasonable opportunity to offer to purchase such EAs." We asked DEF to provide an explanation of the term "reasonable opportunity," along with a discussion of how this term relates to the right of first refusal, which was expressly disallowed in standard offer contracts. DEF responded that a reasonable opportunity simply means that it ORDER NO. PSC -2017 -0336 -PAA -EQ DOCKET NO. 20170072 -EQ PAGE 4 would have the same opportunity to purchase the EAs at the same terms and conditions as any other potential purchaser, and that the term "reasonable opportunity" does not rise to the level of a right of first refusal. We find that the inclusion of this section does not conflict with this Commission's intent. As agreed to by DEF at the July 13, 2017 Commission Conference, the revised amended standard offer contract filed on July 14, 2017, removes potential conflicting language that was originally proposed in Section 6.2. In addition, DEF has revised Section 11.4 to return Completion/Performance security deposits once certain conditions are met. Therefore, this version addresses the concerns expressed by this Commission at the July 13, 2017 Commission Conference. Interconnection Agreement The updated interconnection agreement contains two notable revisions. The first revision is a requirement that, in order to proceed with the project, the RF/QF must provide DEF with written notification of its intent to continue to the next study phase of the project after each previous study phase is completed, and also of its intent to proceed with construction. The second revision is a section noting DEF's right to limit the physical capacity of any RF/QF connection based on the results of static and dynamic testing. The type -and -strike format versions of the revised amended standard offer contract and associated rate schedule, as well as the updated interconnection agreement, are included as Attachment A of this Order. All of the changes made to DEF's tariff sheets are consistent with the updated avoided unit. Decision The provisions of DEF's revised amended. standard offer contract and associated rate schedule conform to all requirements of Rules 25-17.200 through 25-17.310, F.A.C. and address the concerns raised at the July 13, 2017 Commission Conference. The revised amended standard offer contract provides flexibility in the arrangements for payments so that a developer of renewable generation may select the payment stream best suited to its financial needs. The updated interconnection agreement provides the Utility an opportunity to limit the physical capacity of any new connection based on testing results. We find that the revisions to the rate schedule and standard offer contract, as well as the updated interconnection agreement shall be approved as filed. Based on the foregoing, it is ORDERED by the Florida Public Service Commission that Duke Energy Florida, LLC's, revised amended standard offer contract and associated rate schedule are approved as filed. It is further ORDER.NO. PSC -2017 -0336 -PAA -EQ DOCKET NO, 20170Q72 -EQ PAGE 5 ORDERED that Duke Energy Florida, LLC'Sr, updated interconnection agreement is approved as filed It is further .ORDERED that:dip provisions of this Order, :issued as proposed agency action, shall become final and 'effective upon the issuance of ra Consummating Order unless an appropriate petition, in the form provided by Rule 28.106.201, Florida Administrative Code, is received by the Commission Clerk, 2540 Shumard Oak Boulevard, Tallahassee, 'Florida 32399-0850, by the Olose:of'bUSiness on the date set forth in the "Notice of Further Proeeedings'-' attached hefeto. It is further ORDERED that potential signatories should be aware that ifa timely proiest is. filed; Duke Energy Florida, LLC's standard offer contract may subsequently be ttvised. It is further ORDERED that in the event this OrdefbecorrieS- final, this docket shall be'cloSed. By ORDER of the Florida.Pliblic Service commission this 24th day Of August, 2017. -.0114 S • 'CARLOTTA -.S.'STAVFFFR Commission Clerk Florida Public Service Commission 2540 Shumard Oak Boulevard Tallahassee, Florida 32399 (850) 41-3-6770 •Vi.ww,floridapsc,corn .Copies- furnished A copy of this document is provided to the. :parties of record at the tirri...uT. issuance and, if applicablei::interested persons.. SAC ORDER NO. PSC -2017 -0336 -PAA -EQ DOCKET NO. 20170072 -EQ PAGE 6 NOTICE OF FURTHER PROCEEDINGS OR JUDICIAL REVIEW The Florida Public Service Commission is required by Section 120.569(1), Florida Statutes, to notify parties of any administrative hearing that is available under Section 120.57, Florida Statutes, as well as the procedures and time limits that apply. This notice should not be construed to mean all requests for an administrative hearing will be granted or result in the relief sought. Mediation may be available on a case-by-case basis. If mediation is conducted, it does not affect a substantially interested person's right to a hearing. The action proposed herein is preliminary in nature. Any person whose substantial interests are affected by the action proposed by this order may file a petitionfor a formal proceeding, in the form provided by Rule 28-106.201, Florida Administrative Code. This petition must be received by the Office of Commission Clerk, 2540 Shumard Oak Boulevard, Tallahassee, Florida 32399-0850, by the close of business on September 14, 2017. In the absence of such a petition, this order shall become final and effective upon the issuance of a Consummating Order. Any objection or protest filed in this/these docket(s) before the issuance date of this order is considered abandoned unless it satisfies the foregoing conditions and is renewed within the specified protest period. ORDER NO. PSC -2017 -0336 -PAA -EQ DOCKET NO. 20170072 -EQ PAGE 7 Attachment A AMENDED STANDARD OFFER CONTRACT (Legislative format) DUKE ENERGY FLORIDA ORDER NO. PSC -2017 -0336 -PAA -EQ DOCKET NO. 20170072 -EQ PAGE 8 Attachment A DUKE ENERGY. SECTION No. IX SECOND REVISED SHEET NO. 9.400 CANCELS FIRST REVISED SHEET NO. 9.400 STANDARD OFFER. CONTRACT FOR THE PURCHASE OF FIRM CAPACITY AND ENERGY FROM A RENEWABLE ENERGY PRODUCER OR QUALIFYING FACILITY LESS THAN 100 KW TABLE OF CONTENTS SHEET NO: Standard Offer Contract 9.400 Appendix A - Monthly Capacity Payment Calculation 9.442 Appendix B - Termination Fee 9.444 Appendix C - Detailed Project Information 9.446 Appendix D - Rate Schedule COG -2 . 9.452 Appendix E -Agreed Upon Payment Schedules and Other Mutual 9.470 Agreements Appendix F - FPSC Rules 25-17.080 through 25-17.310 9.475 ISSUED BY: Javier Portuondo, Director, Rates & Regulatory Strategy - FL EFFECTIVE: AprI 29. 2013 ORDER NO. PSC -2017 -0336 -PAA -EQ DOCKET NO. 20170072 -EQ PAGE 9 Attachment A tDUKEENERGY. SECTION NO. IX FIRST REVISED SHEET NO. 9.401 CANCELS ORIGINAL SHEET NO. 9.401 STANDARD OFFER CONTRACT FOR THE PURCHASE OF FIRM CAPACITY AND ENERGY FROM A RENEWABLE ENERGY PRODUCER OR QUALIFYING FACILITY LESS THAN 100 KW between and DUKE ENERGY FLORIDA ISSUED BY: Javier Portuondo, Director, Rates & Regutatory Strategy • FL EFFECTIVE AprO 29, 2013 ORDER NO. PSC -2017 -0336 -PAA -EQ DOCKET NO. 20170072 -EQ PAGE 10 Attachment A DUKE ENERGY° SECTION NO. IX SECOND REVISED SHEET NO.9.402 CANCELS FIRST REVISED SHEET NO. 9.402 TABLE OF CONTENTS SHEET NO: Introduction & Parties' Recitals 9.404 1. Definitions 9.405 2. Facility; Renewable Facility or Qualifying Facility Status 9.414 3. Term of Contract 9.415 4. Minimum Specifications and Milestones 9.415 5. Conditions Precedent 9.416 6. Sale of Electricity by the RF/QF 9.417 7. Committed Capacity/Capacity Delivery Date 9.418 8. Testing Procedures 9.419 9. Payment for Electricity Produced by the Facility 9.420 10. Electricity Production and Plant Maintenance Schedule 9.421 11. Completion/Performance Security 9.423 12. Termination Fee 9.425 13. Performance Factor 9.426 14. Default 9.427 15. Rights in the Event of Default 9.428 16. Indemnification 9.428 ISSUED BY: Javier Portuondo, Director, Rates S Regulatory Strategy - FL EFFECTIVE April 29.2013 • ORDER NO. PSC -2017 -0336 -PAA -EQ DOCKET NO. 20170072 -EQ PAGE 11 Attachment A (� DUKE t ENERGY° SECTION NO. IX FOURTH REVISED SHEET NO.9.403 CANCELS THIRD REVISED SHEET NO. 9.403 TABLE OF CONTENTS ii 17 Insurance 9.429 18. Force Majeure 9.431 19. Representations, Warranties, and Covenants of RF/QF 9.433 20. General Provisions 9.435 Execution 9.441 ISSUED BY: Javier Portrwndo, Director, Rates & Regulatory Strategy - FL EFFECTIVE: July 10, 2014 ORDER NO. PSC -2017 -0336 -PAA -EQ DOCKET NO. 20170072 -EQ PAGE 12 Attachment A () DUKE ENERGY. SECTION NO. IX TNIRO-FOURTH REVISED SHEET NO. 9.404 CANCELS SECOND-THIRD REVISED SHEET NO. 9.404 STANDARD OFFER CONTRACT FOR THE PURCHASE OF FIRM CAPACITY AND ENERGY FROM A RENEWABLE ENERGY PRODUCER OR QUALIFYING FACILITY LESS THAN 100 KW THIS STANDARD OFFER CONTRACT FOR THE PURCHASE OF FIRM CAPACITY AND ENERGY (hereinafter referred to as the "Contract") is made and entered this _ day of , (hereinafter referred to as the "Execution Date"), by and between (hereinafter the Renewable Energy Provider/Qualifying Facility ("RF/QF"), and Duke Energy Florida, Inc. d/b/a Duke Energy (hereinafter "DEF"), a private utility corporation organized and existing under the laws of the State of Florida. The RF/QF and DEF shall be individually identified herein as the "Party" and collectively as the "Parties". This Contract contains €tvesix -Appendices which are incorporated into and made part of this Contract: Appendix A: Monthly Capacity Payment Calculation; Appendix B: Termination Fee; Appendix C: Detailed Project Information; Appendix D: Rate Schedule COG -2; Appendix E: Agreed Upon Payment Schedules and Other Mutual Agreements; and Appendix F: Florida Public Service Commission ("FPSC") Rules 25-17.080 through 25- 17.310, F.A.C. WITNESSETH: WHEREAS, the RF/QF desires to sell, and DEF desires to purchase electricity to be generated by the RF/QF consistent with Florida Statutes 366.91 (2006) and FPSC Rules 25- 17.080 through 25-17.310 F.A.C.; and WHEREAS, the RF/QF will acquire an interconnection/transmission service agreement with the utility in whose service territory the Facility is to be located, pursuant to which the RF/QF assumes contractual responsibility to make any and all transmission -related arrangements (including ancillary services) between the RF/QF and the Transmission Provider for delivery of the Facility's firm capacity and energy to DEF. The Parties recognize that the Transmission Provider may be DEF and that the transmission service will be provided under a separate agreement; and WHEREAS, the FPSC has approved this Contract for the Purchase of Firm Capacity and Energy from a Renewable Energy Producer, and WHEREAS, the RF/QF guarantees that the Facility is capable of delivering firm capacity and energy to DEF for the term of this Contract in a manner consistent with the provision of this Contract; NOW, THEREFORE, for mutual consideration the Parties agree as follows: ISSUED BY: Javier Pmtuondo, Director, Rates 8 Regulatory Strategy - FL 1 EFFECTIVE July -10,2011 ORDER NO. PSC -2017 -0336 -PAA -EQ DOCKET NO. 20170072 -EQ PAGE 13 Attachment A ' DUKE ENERGYe SECTION NO. IX SECOND REVISED SHEET NO. 9.405 CANCELS FIRST REVISED SHEET NO. 9.405 1. Definitions "AFR" means the Facility's annual fuel requirement. "AFTR" means the Facility's annual fuel transportation requirement "Annual Capacity Billing Factor" or "ACBF" means 12 month rolling average of the Monthly Availability Factor as further defined and explained in Appendix A. "Appendices" shall mean the schedules, exhibits, and attachments which are appended hereto and are hereby incorporated by reference and made a part of this Contract. Such Appendices include: "Appendix A" sets forth the Monthly Capacity Payment Calculation. "Appendix B" sets forth the Termination Fee. "Appendix C" sets forth the Detailed Project Information. "Appendix D" sets forth Rate Schedule COG -2. "Appendix E" sets forth the Agreed Upon Payment Schedules and Other Mutual Agreements "Appendix F" sets forth Florida Public Service Commission ("FPSC") Rules 25-17.080 through 25-17.310, F.A.C. "As -Available Energy Rate" means the rate calculated by DEF in accordance with FPSC Rule 25-17.0825, F.A.C., and DEFs Rate Schedule COG -1, as they may each be amended from time to time "Authorization to Construct" means authorization issued by any appropriate Government Agency to construct or reconstmct the Facility granted to RF/QF in accordance with the laws of the State of Florida and any relevant federal law. "Avoided Unit" means the electrical generating unit described in Section 4 upon which this Contract is based. "Avoided Unit Energy Cost" has the meaning assigned to it in Appendix D. "Avoided Unit Fuel Cost" bas the meaning assigned to it in Appendix D. "Avoided Unit Heat Rate" means the average annual heat rate of the Avoided Unit as defined in Section 4. "Avoided Unit In -Service Date" means the date upon which the Avoided Unit would have started commercial operation as specified in Section 4. "Avoided Unit Life" means the economic life of the Avoided Unit. "Avoided Unit Variable O&M" means the Avoided Unit variable operation and maintenance expenses as defined in Section 4. The annual escalation will begin in the payment for January deliveries. ISSUED BY: Javier Portuondo, Director. Rates & Regulatory Strategy - FL EFFECTIVE Apia 29.2013 ORDER NO. PSC -2017 -0336 -PAA -EQ DOCKET NO. 20170072 -EQ PAGE 14 Attachment A DUKE 1 ENERGY. SECTION No. IX FOURTH FIFTH REVISED SHEET NO. 9.406 CANCELS ZNIRD¢OURTH REVISED SHEET NO. 9.406 "Base Capacity Payment" or "BCP" means capacity payment rates defined in Appendix D and further defined by the selection of Option A,B,C or D in Section 9.2 or in Appendix E if applicable. "Base Year" means the year that this Contract was approved by the FPSC. "Business Day" means any day except a day upon which banks licensed to operate in the State of Florida are authorized, directed or permitted to close, Saturday, Sunday or a weekday that is observed as a public holiday in the State of Florida. "CAMD" means the Clean Air Markets Division of the Environmental Protection Agency or successor administrator (collectively with any local, state, regional, or federal entity given jurisdiction over a program involving transferability of Environmental Attributes). "Capacity" means the minimum average hourly net capacity (generator output minus auxiliary load) measured over the Committed Capacity, Test Period' "Capacity Delivery Date" means the first calendar day immediately following the date of the Facility's successful completion of the first Committed Capacity Test. "Capacity Payment" means the payment defined in Section 9.2 and Appendix A. "Committed Capacity" or "CC" means the capacity in kMW that the RF/QF commits to sell to DEF;; the amount of which shall be determined in accordance with Section 7 and shall be greater than zero. "Committed Capacity Test" means the testing of the capacity of the Facility performed in accordance with the procedures set forth in Section 8. "Committed Capacity Test Period" means a test period of twenty-four (24) consecutive hours. "Completed Permits Date" means the date by which the RF/QF must complete licensing and certification, and obtain all federal, state and local governmental, environmental, and licensing approvals required to initiate construction of the Facility including Qualifying Facility status. This date is specified in Section 4. "Completion/Performance Security" means the security described in Section 11. "Conditions Precedent" shall have the meaning assigned to it in Section 5. "Contract" means this standard offer contract for the purchase of Firm Capacity and Energy' from a Renewable Energy Producer or Qualifying Facility with a nameplate capacity of less than 100 kW. "Credit Support Provider" means any Person that has provided an RF/QF Guarantee in connection with this Agreement. ISSUED 8Y: Javier Portuondo, Motor, Rates & Regulatory Strategy - Fl 1 EFFECTIVE: July -24r2016 ORDER NO. PSC -2017 -0336 -PAA -EQ DOCKET NO. 20170072 -EQ PAGE 15 Attachment A (� DUKE ENERGY° SECTION No. IX FOURTH REVISED SHEET NO. 9.407 CANCELS THIRD REVISED SHEET NO. 9.407 "Creditworthy" with respect to a Party or its Credit Support Provider, as applicable, means a party is rated at least BBB by Standard & Poor's (S&P), or at least Baa3 by Moody's Investor Services (Moody's). Rating shall be the unsecured, senior long-term debt rating (not supported by third party credit enhancement) or the issuer rating will be used if not available. If a Party or its Credit Support Provider, as applicable, is rated by both S&P and Moody's, then the lower of the two ratings will apply. "DEF" has the meaning assigned to it in the opening paragraph of this Contract. "DEF Entities" has the meaning assigned to it in Section 16. "Demonstration Period" means a sixty -hour period in which the Committed Capacity Test must be completed. "Distribution System" means the distribution system consisting of electric lines, electric plant, transformers and switchgear used for conveying electricity to ultimate consumers, but not including any part of the Transmission System. "Dispute" shall have the meaning assigned to it in Section 20.9. "Prop Dead Date" means the date which is twelve (12) months following the Execution Date except for the condition defined in Section 5(a)(i). The Parties recognize that firm transmission service agreements can take up to 24 months to obtain so for Section 5(a)(i) only the Drop Dead Date means the date which is twenty four (24) months following the Execution Date. "Eastern Prevailing Time" or "EPT' means the time in effect in the Eastern Time Zone of the Unites States of America, whether Eastern Standard Time or Eastern Daylight Savings Time. "Effective Date" has the meaning assigned to it in Section 5. "Electrical Interconnection Point" means the physical point at which the Facility is connected with the Transmission System or, if RF/QF interconnects with a Transmission System other than DEF's, DEF's interconnection with the Transmission Provider's Transmission System, or such other physical point on which RF/QF and DEF may agree. ISSUED BY: Javier Po,tuondo, Dlreetor, Rates & Regulatory Strategy - FL EFFECTIVE June 9. 2016 ORDER NO. PSC -2017 -0336 -PAA -EQ DOCKET NO. 20170072 -EQ PAGE 16 Attachment A debt, DUKE 1 ENERGY. SECTION No. IX FOUR -TN -FIFTH REVISED SHEET NO. 9.408 CANCELS THIRD-FOURTH REVISED SHEET NO. 9.408 "Eligible Collateral" means (i) a Letter of Credit from a Qualified Institution or (ii) cash deposit provided to DEF by RF/QF or a combination of (i), and/or (ii) as outlined in Section 11. "Energy" means megawatt -hours generated by the Facility of the character commonly known as three-phase, sixty hertz electric energy that is delivered at a nominal voltage at the Electrical Interconnection Point. "Environmental Attributes" or "EA" means all attributes of an environmental or other nature that are created or otherwise arise from the Facility's generation of electricity from a renewable energy source in contrast with the generation of electricity using nuclear or fossil fuels or other traditional resources. Forms of such attributes include, without limitation, any and all environmental air quality credits, green credits, renewable energy credits ("RECs"), carbon credits, emissions reduction credits, certificates, tags, offsets, allowances, or similar products or rights, howsoever entitled, (i) resulting from the avoidance of the emission of any gas, chemical, or other substance, including but not limited to, mercury, nitrogen oxide, sulfur dioxide, carbon dioxide, carbon monoxide, particulate matter or similar pollutants or contaminants of air, water or soil gas, chemical, or other substance, and (ii) attributable to the generation, purchase, sale or use of Energy from or by the Facility, or otherwise attributable to the Facility during the Term. Environmental Attributes include, without limitation, those currently existing or arising during the Term under local, state, regional, federal, or international legislation or regulation relevant to the avoidance of any emission described in this Contract under any governmental, regulatory or voluntary program, including, but not limited to, the United Nations Framework Convention on Climate Change and related Kyoto Protocol or other programs, laws or regulations involving or administered by the Clean Air Markets Division of the Environmental Protection Agency ("CAMD") or successor administrator (collectively with any local, state, regional, or federal entity given jurisdiction over a program involving transferability of Environmental Attributes,). "Event of Default" has the meaning assigned to it in Section 14. "Execution Date" has the meaning assigned to it in the opening paragraph .of this Contract. "Exemplary Early Capacity Payment Date" means the exemplary date used to calculate Capacity Payments for Option B and D. This date is specified in Section 4. The actual Capacity Payments for Option B and D will be calculated based upon the Required Capacity Delivery Date. "Expiration Date" means the final date upon which this Contract can be executed. This date is specified infection 4. "Facility" means all equipment, as described in this Contract, used to produce electric energy and, and all equipment that is owned or controlled by the RF/QF required for parallel operation with the Transmission System. In the case of a cogenerator the Facility includes all equipment that is owned or controlled by the RF/QF to produce useful thermal energy through the sequential use of energy. ISSUED BY: Javier Portuondo, Director. Rates & Regulatory Strategy - FL 1 EFFECTIVE duty -21,2045 ORDER NO. PSC -2017 -0336 -PAA -EQ DOCKET NO. 20170072 -EQ PAGE 17 Attachment A eI DUKE ENERGYe SECTION No. IX SECOND REVISED SHEET NO. 9.409 CANCELS FIRST REVISED SHEET NO. 9.409 "Financial Closing" means the fulfillment of each of the following conditions: (a) the execution and delivery of the Financing Documents; and (b) all Conditions Precedent to the initial availability for disbursement of funds under the Financing Documents (other than relating to the effectiveness of this Contract) are satisfied or waived. "Financing Documents" shall mean documentation with respect to any private equity investment in RF/QF, any loan agreements (including agreements for any subordinated debt), notes, bonds, indentures, guarantees, security agreements and hedging agreements relating to the financing or refinancing of the design, development, construction, Testing, Commissioning, operation and maintenance of the Facility or any guarantee by any Financing Party of the repayment of all or any portion of such financing or refinancing. "Financing Partv" means the Persons (including any trustee or agent on behalf of such Persons) providing financing or refinancing to or on behalf of RF/QF for the design, development, construction, testing, commissioning, operation and maintenance of the Facility (whether limited recourse, or with or without recourse). "Firm Capacity and Energy" has the meaning assigned to it in Appendix D. "Firm Capacity Rate" has the meaning assigned to it in Appendix D. "Firm Energy Rate" has the meaning assigned to it in Appendix D. "Force Majeure" has the meaning given to it in Section 18: "FPSC" means the Florida Public Service Commission or its successor. "Government Agency" means the United States of America, or any state or any other political subdivision thereof, including without limitation, any municipality, township or county, and any domestic entity exercising executive, legislative, judicial, regulatory or administrative functions of or pertaining to government, including, without limitation, any corporation or other entity owned or controlled by any of the foregoing. ISSUED BY: Javier Portuondo, Director, Rates & Regulatory Strategy - FL EFFECTIVE: July 10.2014 ORDER NO. PSC -2017 -0336 -PAA -EQ DOCKET NO. 20170072 -EQ PAGE 18 Attachment A trig& SECTION No. IX FOURTH REVISED SHEET NO. 9.410 CANCELS THIRD REVISED SHEET NO 9.410 "IEEE" means the Institute of Electrical and Electronics Engineers, Inc. "Indemnified Party" has the meaning assigned to it in Section 16. "Indemnifying Party" has the meaning assigned to it in Section 16. "Initial Reduction Value" has the meaning assigned to it in Appendix B. "Insurance Services Office" has the meaning assigned to it in Section 17. "KVA" means one or more kilovolts -amperes of electricity, as the context requires. "kW" means one or more kilowatts of electricity, as the context requires. "kWh" means one or more kilowatt-hours of electricity, as the context requires. "Letter of Credit" means a stand-by letter of credit from a Qualified Institution that is acceptable to DEF whose approval may not be unreasonably withheld. The Letter of Credit must provide that DEF has the right to draw on the Letter of Credit in the event that less than twenty (20) Business Days remain until its expiration and RF/QF has failed to renew the Letter of Credit or provide replacement Eligible Collateral as required under this Agreement. "LOP' means a letter of intent for fuel supply. "MCPC" means the Monthly Capacity Payment for Option A. "Monthly Billing Period" means the period beginning on the first calendar day of each calendar month, except that the initial Monthly Billing Period shall consist of the period beginning 12:01 a.m., on the Capacity Delivery Date and ending with the last calendar day of such month. "Monthly Availability Factor" or "MAF' means the total energy received during the Monthly Billing Period for which the calculation is made, divided by the product of Committed Capacity and the total hours during the Monthly Billing Period. "Monthly Capacity Payment" or "MCP" means the payment for Capacity calculated in accordance with Appendix A. "MW" means one or more megawatts of electricity, as the context requires. "MWh" means one or more megawatt -hours of electricity, as the context requires. ISSUED BY: Javier Portuondo, Director, Rates d Regulatory Strategy - FL EFFECTIVE: June 9, 2018 ORDER NO. PSC -2017 -0336 -PAA -EQ DOCKET NO. 20170072 -EQ PAGE 19 Attachment A :t DUKE ENERGYe SECTION No. DC SECOND REVISED SHEET NO. 9.411 CANCELS FIRST REVISED SHEET NO. 9.411 "Option A" means normal Capacity Payments as described in Appendix D. "Option B" means early Capacity Payments as described in Appendix D. "Option C" means levelized Capacity Payments as described in Appendix D. "Option D" means early levelized Capacity Payments as described in Appendix D. "Party" or "Parties" has the meaning assigned to it in the opening paragraph of this Contract. "Person" means any individual, partnership, corporation, association, joint stock company trust, joint venture, unincorporated organization, or Governmental Agency (or any department, agency, or political subdivision thereof). "project Consents" mean the following Consents, each of which is necessary to RF/QF for the fulfillment of RF/QF's obligations hereunder (a) the Authorization to Construct; (b) planning permission and consents in respect of the Facility, and any electricity substation located at the Facility site, including but not limited to, a prevention of significant deterioration permit, a noise, proximity and visual impact permit, and any required zoning permit; and (c) any integrated pollution control license. "Project Contracts" means this Contract, and any other contract required to construct, operate and maintain the Facility. The Project Contracts may include, but are not limited to, the turnkey engineering, procurement and construction contract, the electrical interconnection and operating agreement, the fuel supply agreement, the facility site lease, and the operation and maintenance agreement. "Prudent Utility Practices" means any of the practices, methods, standards and acts (including, but not limited to, the practices, methods and acts engaged in or approved by a significant portion of owners and operators of power plants of technology, complexity and size similar to the Facility in the United States) that, at a particular time, in the exercise of reasonable judgment in light of the facts known or that should reasonably have been known at the time a decision was made, could have been expected to accomplish the desired result and goals (including such goals as efficiency, reliability, economy and profitability) in a manner consistent with applicable facility design limits and equipment specifications and applicable laws and regulations. Prudent Utility Practice is not intended to be limited to the optimum practice, method or act to the exclusion of all others, but rather to be a spectrum of acceptable practices, methods or acts in each case taking into account the Facility as an independent power project. ISSUED BY: Javier Porwortdo, Otrestor, Rates & Regulatory Strategy - FL • EFFECTIVE Judy 21.2015 ORDER NO. PSC -2017 -0336 -PAA -EQ DOCKET NO. 20170072 -EQ PAGE 20 Attachment A DUKE I'� ENERGY. SECTION No. IX 744IRB.FOURTH REVISED SHEET NO. 9.412 CANCELS SEGO THIRD REVISED SHEET NO. 9.412 "Qualifying Facility" or "Qr means a cogenerator, small power producer, or non-utility generator that has been certified or self -certified by the FERC as meeting certain ownership, operating and efficiency criteria established by the Federal Energy Regulatory Commission pursuant to the Public Utility Regulatory Policies Act of 1978 ("PURPA"), the criteria for which are currently set forth in 18 C.F.R. § 292, et seq. (2006), Section 210 of PURPA, 16 U.S.C. § 824a-3 (2005), 16 U.S.C. 796 et seq. (2006), and Section 1253 of EPAct 2005, Pub. L. No. 109-58, § 1253, 119 Stat. 594 (2005) or, alternatively, analogous provisions under the laws of the State of Florida. "Oualified Institution" means the domestic office of a United States commercial bank or trust company or the United States branch of a foreign bank having total assets of at least ten billion dollars (510,000,000,000) (which is not an affiliate of either party) and a general long-term senior unsecured debt rating of A- or higher (as rated by Standard & Poor's Ratings Group), or A3 or higher (as rated by Moody's Investor Services). "Rate Schedule COG -1" means DEF's Agreement for Purchase of As -Available Energy and/or Parallel Operation with a Qualifying Facility as approved by the FPSC and as may be amended from time to time. "REC" means renewable energy credits, green tags, green tickets, renewable certificates, tradable renewable energy credits ("T-REC") or any tradable certificate that is produced by a renewable generator in addition to and in proportion to the production of electrical energy. "Reduction Value" has the meaning assigned to it in Appendix B. "Remedial Action Plan" has the meaning assigned to it in Section 20.3. "Renewable Facility" or "RF/OF" means an electrical generating unit or group of units at a single site, interconnected for synchronous operation and delivery of electricity to an electric utility, where the primary energy in British Thermal Units used for the production of electricity is from one or more of the following sources: hydrogen produced from sources other than "fossil fuels, biomass, solar energy, geothermal energy, wind energy, ocean energy, hydroelectric power or waste heat from a commercial or industrial manufacturing process. "Required Capacity Deliver Date" means the date specified in Appendix E. In the event that no Required Capacity Delivery Date is specified in Appendix E then the RF/QF shall achieve the Capacity Delivery Date on or before the Avoided Unit In -Service Date "RF/QF Entities" has the meaning assigned to it in Section 16. ISSUED BY: Javier Portuondo, Director, Rates & Regulatory Strategy - Fl EFFECTIVE: Juy.241.2045 ORDER NO. PSC -2017 -0336 -PAA -EQ DOCKET NO. 20170072 -EQ PAGE 21 Attachment A DUKE ENERGY. SECTION No. IX THIRD REVISED SHEET NO. 9.413 CANCELS SECOND REVISED SHEET NO. 9.413 "RF/OF Insurance" has the meaning assigned to it in Section 17. "RF/QF Performance Security" has the meaning assigned in Section 11. "Security Documentation" has the meaning assigned to it in Section 12. "Terni" has the meaning assigned to it in Section 3. "Termination Date" means the date upon which this Contract terminates unless terminated earlier in accordance with the provisions hereo£ This date is specified in Section 4. "Termination Fee" means the fee described in Appendix B as it applies to any Capacity Payments made under Option B, C or D. "Termination Security" has the meaning assigned to it in Section 12. "Transmission Provider" means the operator(s) of the Transmission System(s) or any successor thereof or any other entity or entities authorized to transmit Energy on behalf of RF/QF from the Electrical Interconnection Point. "Transmission System" means the system of electric lines comprised wholly or substantially of high voltage lines, associated system protection, system stabilization, voltage transformation, and capacitance, reactance and other electric plant used for conveying electricity from a generating station to a substation, from one generating station to another, from one substation to another, or to or from any Electrical Interconnection Point or to ultimate consumers and shall include any interconnection owned by the Transmission Provider or DEF, but shall in no event include any lines which the Transmission Provider has specified to be part of the Distribution System except for any distribution facilities required to accept capacity and energy fmm the Facility. ISSUED 6Y: Javier Portuondo, Mostar, Rates a Rogutatory Strategy - Ft. EFFECTIVE Jtdy21.2015 ORDER NO. PSC -2017 -0336 -PAA -EQ DOCKET NO. 20170072 -EQ PAGE 22 Attachment A tez) DUKE ENERGY° SECTION No. IX SECOND REVISED SHEET NO. 9.414 CANCELS FIRST REVISED SHEET NO. 9.414 2. Facility; Renewable Facility or Qualifying Facility Status The Facility's location and generation capabilities are as described in Table 1 below. TABLE 1 TECHNOLOGY AND GENERATOR CAPABILITIES Location: Specific legal description (e.g., metes and bounds or other legal description with street address required) City: County Generator Type (Induction or Synchronous) Technology Fuel Type and Source Generator Rating (KVA) Maximum Capability (kW) Net Output (kW) Power Factor (%) Operating Voltage (kV) Peak Internal Load kW The RF/QF's failure to complete Table 1 in its entirety shall render this Contract null and void and of no further effect. The RF/QF shall use the same fuel or energy source and maintain the status as a Renewable Facility or a Qualifying Facility throughout the term of this Contract. RF/QF shall at all times keep DEF informed of any material changes in its business which affects its Renewable Facility or Qualifying Facility status. DEF and RF/QF shall have the right, upon reasonable notice of not less than seven (7) Business Days, to inspect the Facility and to examine any books, records, or other documents reasonably deemed necessary to verify compliance with this Contract. In the event of an emergency at or in proximity to the RF/QF site that impacts DEF's system, DEF shall make reasonable efforts to contact the Facility and make arrangements for an emergency inspection. On or before March 31 of each year during the term of this Contract, the RF/QF shall provide to DEF a certificate signed by an officer of the RF/QF certifying that the RF/QF continuously maintained its status as a Renewable Facility or a Qualifying Facility during the prior calendar year. ISSUED BY: Javier Portuondo, Director, Rates 8 Regulatory Strategy - Ft. EFFECTIVE: April 29, 2013 ORDER NO. PSC -2017 -0336 -PAA -EQ DOCKET NO. 20170072 -EQ PAGE 23 Attachment A DUKE 1 ENERGY. 3. Term of Contract SECTION No. IX i6N144€LEVENTH REVISED SHEET NO. 9.415 CANCELS NI441-TENTH REVISED SHEET NO. 9.415 Except as otherwise provided herein, this Contract shall become effective immediately upon its execution by the Parties and shall end at 12:01 a.m. on the Termination Date, (the "Tenn") unless terminated earlier in accordance with the provisions hereof Notwithstanding the foregoing, if the Capacity Delivery Date of the Facility is not accomplished by the RF/QF before the Required Capacity Delivery Date (or such later date as may be permitted by DEF pursuant to Section 7), this Contract shall be rendered null and void and DEFs shall have no obligations under this Contract. 4. Minimum Specifications and Milestones. As required by FPSC Rule 25-17.0832(4)(e), the minimum specifications pertaining to this Contract and milestone dates are as follows: Avoided Unit Undesignated Combustion Turbine Avoided Unit Capacity 228849 MW Avoided Unit In -Service Date June 1, 2024 Avoided Unit Heat Rate 10,672839 BTU/kWh Avoided Unit Variable O&M 0.09511152¢ per kWh in mid -20176 dollars escalating annually at 2.50% Avoided Unit Life 35 year; Capacity Payments begin Avoided Unit In -Service Date unless Option B, or D is selected or amended in Appendix E Termination Date May 31, 2034 (10 years) unless amended in Appendix E Minimum Performance Standards — On Peak Availability Factor* 95% Minimum Performance Standards — Off Peak Availability Factor 95% Minimum Availability Factor Required to qualify for a Capacity payment 75% Expiration Date April 1, 2018-7 Completed Permits Date June 1, 2022 Exemplary Early Capacity Payment Date January 1, 20228 * RF/QF performance shall be as measured and/or described in Appendix A. ISSUED BY: Javier Portuorato, Dtroetor, Rates 8 Regulatory Strategy - R. 1 EFFECTIVE .Juno -0,2016 ORDER NO. PSC -2017 -0336 -PAA -EQ DOCKET NO. 20170072 -EQ PAGE 24 Attachment A DUKE. ENERGYe 5. Conditions Precedent SECTION No. IX SIX:MI-SYNTH REVISED SHEET NO. 9.416 CANCELS 14X1:14,SIXTH REVISED SHEET NO.9.416 (a) Unless otherwise waived in writing by DEF, on or before the Drop Dead Date, RF/QF shall satisfy the following Conditions Precedent: (i) RF/QF shall have obtained firm transmission service necessary to deliver Capacity and energy from the Facility to the Electrical Interconnection Point, in a form and substance satisfactory to RF/QF in its sole discretion; (ii) RF/QF shall have obtained the Project Consents and any other Consents for which it is responsible under the terms hereof in a form and substance satisfactory to RF/QF in its sole discretion; (iii) RF/QF shall have entered into Financing Documents relative to the construction of the Facility and have achieved Financial Closing in a form and substance satisfactory to RF/QF in its sole discretion; (iv) RF/QF shall have entered into the Project Contracts in a form and substance satisfactory to RF/QF in its sole discretion; (v) RF/QF shall have obtained insurance policies or coverage in compliance with. Section 17; (vi) Each Party shall have delivered to the other Party (i) a copy of its constitutional documents (certified by its corporate secretary as true, complete and up-to-date) and (ii) a copy of a corporate resolution approving the terms of this Contract and the transactions contemplated hereby and authorizing one or more individuals to execute this Contract on its behalf (such copy to have been certified by its corporate representative as true, complete and up-to-date); (vii) RF/QF shall have obtained Qualifying Facility status from either the FPSC or FERC. The RF/OF shall provide the Duke Energy Florida Director of Qualified Facility Contracts a copy of the certification of OF status filing and anv re -filings required to reflect subsequent changes to the previously certified Facility. (b) Promptly upon satisfaction of the Conditions Precedent to be satisfied, the Party having satisfied the same shall deliver to the other Party a certificate evidencing such satisfaction. DEF may waive the satisfaction of a Condition Precedent at its sole discretion. Such waiver must be made in writing. Subject to there being no Event of Default which has occurred and/or is continuing as of the date upon which the Last of such certificates is delivered, the date of such Last certificate shall constitute the effective date of this Contract (the "Effective Date"). (c) Unless all Conditions Precedent are satisfied on or before the Drop Dead Date or such Conditions Precedent are waived in writing , this Contract shall terminate on such date and neither Party shall have any further liability to the other Party hereunder. (d) RF/QF shall achieve the Capacity Delivery Date on or before the Required Capacity Delivery Date. ISSUED BY: Javier Portuondo, Director, Rates & Regulatory Strategy - FL. 1 EFFECTIVE: July21,2045 ORDER NO. PSC -2017 -0336 -PAA -EQ DOCKET NO. 20170072 -EQ PAGE 25 Attachment A DUKE 1 �� ENERGY. SECTION No. IX THIRD-FOURTH REVISED SHEET NO.8.417 CANCELS SECOND-THIRD REVISED SHEET NO. 9.417 (e) RF/QF shall ensure that before the initial Committed Capacity Test: (a) the Facility shall have been constructed so that the Committed Capacity Test may be duly and properly undertaken in accordance with Section 7; and (b) an operable physical connection from the Facility to the Transmission System shall have been effected in accordance with the electrical interconnection and operating agreement required by the Transmission Provider, provided, however, that such physical connection shall be made consistent with the terms hereof. 6. Sale of Electricity by the RF/QF 6.1 Consistent with the terms hereof, the RF/QF shall sell to DEF and DEF shall purchase from the RF/QF electric power generated by the Facility. The purchase and sale of electricity pursuant to this Contract shall be a ( ) net billing arrangement or ( ) simultaneous purchase and sale arrangement; provided, however, that no such arrangement shall cause the RF/QF to sell more than the Facility's net output. The billing methodology may be changed at the option of the RF/QF, subject to the provisions of Appendix D. 6.2 Ownership and Offering For Sale Of Renewable Energy Attributes Subject to Section 6.3. theme RF/QF shall retain any and all rights to own and to sell any and all Environmental Attributes associated with the electric generation of the Facility. 6.3 In the event that the RF/OF decides to sell any or all EAs that result from the electric generation of the RF/OF during the term of this Contract. the RF/OF shall provide notice to the Company of its intent to sell such EAs and provide the Company a reasonable opportunity to offer to purchase such EAs. 6.34 The RF/QF shalt not rely on interruptible or curtailable standby service for the start up requirements (initial or otherwise) of the Facility. 6.45 The RF/QF shall be responsible for the scheduling of required transmission and for all costs, expenses, taxes, fees and charges associated with the delivery of energy to DEF. The RF/QF shall enter into a transmission service agreement with the Transmission Provider in whose service territory the Facility is to be located and the RF/QF shall make any and all transmission -related arrangements (including interconnection and ancillary services) between the RF/QF and the Transmission Provider for delivery of the Facility's firm Capacity and energy to DEF. The Capacity and energy amounts paid to the RF/QF hereunder do not include transmission losses. The RF/QF shall be responsible for transmission losses that occur prior to the point at which the RF/QF's energy is delivered to DEF. The Parties recognize that the Transmission Provider may be DEF and that ISSUED 8Y: Jester Portuondo, Director. Rates & Regutatory Strategy - FL EFFECTNE: NA -20,2M ORDER NO. PSC -2017 -0336 -PAA -EQ DOCKET NO. 20170072 -EQ PAGE 26 Attachment A DUKE. 1 di) ENERGY. SECTION No. IX THIRD-FOURTH REVISED SHEET NO.9.417 CANCELS S€6OND-THIRD REVISED SHEET NO. 9.417 if DEF is the Transmission Provider, the transmission service will be provided under a separate agreement. ISSUED BY: Javier Portiondo, Director, Rates & Regulatory Strategy - FL 1 EFFECTIVE: AprIF29.2013 ORDER NO. PSC -2017 -0336 -PAA -EQ DOCKET NO. 20170072 -EQ PAGE 27 Attachment A (t) DUKE 1 ENERGY. 7. Committed Capacity/Capacity Delivery Date SECTION No. IX FIFTH SIXTH REVISED SHEET NO. 9.418 CANCELS FOURTH -FIFTH REVISED SHEET NO. 9.418 7.12 If the RF/QF commits to sell capacity to DEF, the amount of which shall be determined in accordance with this Section 7. Subject to Section 7.34, the Committed Capacity is set at kW, with an expected Capacity Delivery Date on or before the Required Capacity Delivery Date. 7.23 Capacity testing of the Facility (each such test a Committed Capacity Test) shall be performed in accordance with the procedures set forth in Section 8. The Demonstration Period for the first Committed Capacity Test shall commence no earlier than ninety (90) days before the Required Capacity Delivery Date and testing must be completed before the Avoided Unit In -Service Date or an earlier date in Appendix E. The first Committed Capacity Test shall not be successfully completed unless the Facility demonstrates a Capacity of at least one hundred percent (100%) of the Committed Capacity set forth in Section 7.13. Subject to Section 8.1, the RF/QF may schedule and perform up to three (3) Committed Capacity Tests to satisfy the requirements of the Contract with respect to the first Committed Capacity Test 7.34 In addition to the first Committed Capacity Test, DEF shall have the right to require the RF/QF, after notice of no less than ten (10) Business Days prior to such proposed event, to validate the Committed Capacity by means of a Committed Capacity Test at any time, up to two (2) times per year, the results of which shall be provided to DEF within seven (7) calendar days of the conclusion of such test On and after the date of such requested Committed Capacity Test, and until the completion of a subsequent Committed Capacity Test, the Committed Capacity shall be set at the lower of the Capacity tested or the Committed Capacity as set forth in Section 7.12. Provided however, any such second test requested within a twelve (12) month period must be for cause. ISSUED BY: Javier Portuondo, Director, Rates 8 Regulatory Strategy - FL 1 EFFECTIVE: July -39r2044 ORDER NO. PSC -2017 -0336 -PAA -EQ DOCKET NO. 20170072 -EQ PAGE 28 Attachment A () DUKE 1 ENERGY. SECTION No. IX Sl H.SEVENTH REVISED SHEET NO. 9.419 CANCELS FIFTH -SIXTH REVISED SHEET NO. 9.419 7.4r Notwithstanding anything contrary to the terms hereof, the Committed Capacity may not exceed the amount set forth in Section 7.12 without the consent of DEF, which consent shall be granted in DEF's sole discretion. 736 Unless Option B or D as contained in Appendix D or Appendix E is chosen by RF/QF, DEF shall make no Capacity Payments to the RF/QF prior to the Avoided Unit In -Service Date. 7.67 The RF/QF shall be entitled to receive Capacity Payments beginning on the Capacity Delivery Date, provided the Capacity Delivery Date occurs before the Required Capacity Delivery Date (or such later date permitted by DEF). If the Capacity Delivery Date does not occur before the Required Capacity Delivery Date, DEF shall immediately be entitled to draw down the Completion/Performance Security in full. 8. Testing Procedures 8.1 The Committed Capacity Test must be completed successfully within the Demonstration Period, which period, including the approximate start time of the Committed Capacity Test, shall be selected and scheduled by the RF/QF by means of a written notice to DEF delivered at least thirty (30) calendar days prior to the start of such period. The provisions of the foregoing sentence shall not apply to any Committed Capacity Test ordered by DEF under any of the provisions of this Contract. DEF shall have the right to be present onsite to monitor firsthand any Committed Capacity Test required or permitted under this Contract. 8.2 The Committed Capacity Test results shall be based on a test period of twenty- four (24) consecutive hours (the "Committed Capacity Test Period") at the highest sustained net kW rating at which the Facility can operate without exceeding the design operating conditions, temperature, pressures, and other parameters defined by the applicable manufacturer(s) for steady state operations at the Facility. The Committed Capacity Test Period shall commence at the time designated by the RF/QF pursuant to Section 8.1 or at such time requested by DEF pursuant to Section 7.14; provided, however, that the Committed Capacity Test Period may commence earlier than such time in the event that DEF is notified of, and consents to, such earlier time. 8.3 Normal station service use of unit auxiliaries, including, without limitation, cooling towers, heat exchangers, and other equipment required by law, shall be in service during the Committed Capacity Test Period. 8.4 The Capacity of the Facility shall be the minimum hourly net output in kW (generator output minus auxiliary) measured over the Committed Capacity Test Period. ISSUED BY: Javier Poituondo, Director. Rates & Regulatory Strategy - FL 1 EFFECTIVE Juno -0.2016 ORDER NO. PSC -2017 -0336 -PAA -EQ DOCKET NO. 20170072 -EQ PAGE 29 Attachment A e' DUKE I ENERGY. SECTION No. IX FOURTHf IFTH REVISED SHEET NO. 9.420 CANCELS VNIRD-FOURTH REVISED SHEET NO. 9A20 8.5 The Committed Capacity Test shall be performed according to standard industry testing procedures for the appropriate technology of the RF/QF. 8.6 The results of any Committed Capacity Test, including all data related to Facility operation and performance during testing, shall be submitted to DEF by the RF/QF within seven (7) calendar days of the conclusion of the Committed Capacity Test. The RF/QF shall certify that all such data is accurate and complete. 9. Payment for Electricity Produced by the Facility 9.1 Energy 9.1.1 DEF agrees to pay the RF/QF for energy produced by the Facility and delivered to DEF in accordance with the rates and procedures contained in Appendix D, as it may be amended from time to time. The Parties agree that this Contract shall be subject to all of the provisions contained in Rate Schedule COG -1 or Appendix D whichever applies as approved and on file with the FPSC. 9.1.2 DEF may, at its option, limit deliveries under this Contract to 110% of the Committed Capacity as set forth in Section 7. In the event that DEF chooses to limit deliveries, any energy in excess of 110% of the Committed Capacity will be paid for at the rates defined in Rate Schedule COG -1 and shall not be included in the calculations in Appendix A hereto. 9.2 Capacity DEF agrees to pay the RF/QF for the Capacity described in Section 7 in accordance with the rates and procedures contained in Appendix D, as it may be amended and approved from time to time by the FPSC, and pursuant to the election of Option of Appendix D or an alternative rate schedule in Appendix E. The RF/QF understands and agrees that Capacity Payments will only be made if the Capacity Delivery Date occurs before the Required Capacity Delivery Date and the Facility is delivering firm Capacity and Energy to DEF. Once so selected, this Option, the Firm Capacity Rate and/or the Firm Energy Rate cannot be changed for the term of this Contract. ISSUED BY: Javier Portuondo, Director. Rates 8 Regulatory Strategy - FL 1 EFFECTIVE: July -70,-2834 ORDER NO. PSC -2017 -0336 -PAA -EQ DOCKET NO. 20170072 -EQ PAGE 30 Attachment A BIL y. SECTION No. IX FOURTH REVISED SHEET NO. 9.421 CANCELS THIRD REVISED SHEET NO. 9.421 9.3 Payments for Energy and Capacity 9.3.1 Payments due the RF/QF will be made monthly, and normally by the twentieth Business Day following the end of the billing period. The kilowatt-hours sold by the RF/QF and the applicable avoided energy rate at which payments are being made shall accompanythe payment to the RF/QF. 9.3.2 Payments to be made under this Contract shall, for a period of not longer than two (2) years; remain subject to adjustment based on billing adjustments due to error or omission by either Party, providedthat such adjustments have been agreed to between the Parties. 10. Electricity Production and Plant Maintenance Schedule 10.1 No later than sixty (60) calendar days prior to the Required Capacity Delivery Date, and prior to October t of each calendar year thereafter during the term of this Contract, the RF/QF shall submit to DEF in writing a good -faith estimate of the amount of electricity to be generated by the Facility and delivered to DEF for each month of the following calendar year, including the time, duration and magnitude of any scheduled maintenance period(s) or reductions in Capacity. The RF/QF agrees to provide updates to its planned maintenance periods as they become known. The Parties agree to discuss coordinating scheduled maintenance schedules. 10.2 By October 31 of each calendar year, DEF shall notify the RF/QF in writing whether the requested scheduled maintenance periods in the detailed plan are acceptable. If DEF does not accept any of the requested scheduled maintenance periods, DEF shall advise the RF/QF of the time period closest to the requested period(s) when the outage(s) can be scheduled. The RF/QF shall only schedule outages during periods approved by DEF, and such approval shall not be unreasonably withheld. Once the schedule for the detailed plan has been established and approved, either Party requesting a subsequent change in such schedule, except when such change is due to Force Majeure, must obtain approval for such change from the other Party. Such approval shall not be unreasonably withheld or delayed. Scheduled maintenance outage days shall be limited to twenty four days per calendar year. In no event shall maintenance periods be scheduled during the following periods: June 1 through September 15 and December 1 through and including the last day of February. 10.3 The RF/QF shall comply with reasonable requests by DEF regarding day-to-day and hour -by -hour communication between the Parties relative to electricity production and maintenance scheduling. ISSUED BY: Javier Portuondo, Director, Rates & Regulatory Strategy - FL EFFECTIVE: Juy 10.2014 ORDER NO. PSC -2017 -0336 -PAA -EQ DOCKET NO. 20170072 -EQ PAGE 31 Attachment A (e, DUKE ENERGY. SECTION No. IX FIFTH REVISED SHEET No. 9.422 CANCELS FOURTH REVISED SHEET NO. 9.422 10.4 The Parties recognize that the intent of the availability factor in Section 4 of this Contract includes an allowance for scheduled outages, forced outages and forced reductions in the output of the Facility. Therefore, the RF/QF shall provide DEF with notification of any forced outage or reduction in output which shall include the time and date at which the forced outage or reduction occurred, a brief description of the cause of the outage or reduction and the time and date when the forced outage or reduction ceased and the Facility was able to return to normal operation. This notice shall be provided to DEF within seventy-two (72) hours of the end of the forced outage or reduction. The RF/QF is required to provide the total electrical output to DEF except (i) during a period that was scheduled in Section 10.2, (ii) during a period in which notification of a forced outage or reduction was provided, (iii) during an event of Force Majeure or (iv) during a curtailment period as described in Section 10.5.5. In no event shall the RF/QF deliver any portion of their electrical output to a third Ply. 10.5 Dispatch and Control 10.5.1 Power supplied by the RF/QF hereunder shall be in the form of three- phase 60 hertz alternating current, at a nominal operating voltage of volts ( kV) and power factor dispatchable and controllable in the range of 90% lagging to 90% leading as measured at the interconnection point to maintain system operating parameters, including power factor, as specified from time to time by DEF. 10.5.2 The RF/QF shall operate the Facility with all system protective equipment in service whenever the Facility is connected to, or is operated in parallel with, DEF's system, except for normal testing and repair in accordance with good engineering and operating practices as agreed by the Parties. The RF/QF shall provide adequate system protection and control devices to ensure safe and protected operation of all energized equipment during normal testing and repair. All RF/QF facilities shall meet IEEE and utility standards. The RF/QF shall have independent, third party qualified personnel test, calibrate and certify in writing all protective equipment at least once every twelve (12) months in accordance with good engineering and operating practices. A unit functional trip test shall be performed after each overhaul of the Facility's turbine, generator or boilers and results provided to DEF in writing prior to returning the equipment to service. The specifics of the unit functional trip test will be consistent with Prudent Utility Practices. ISSUED BY: Javier Portuondo, Director. Rates a Regulatory Strategy - FI. EFFECTIVE: July 21.2015 ORDER NO. PSC -2017 -0336 -PAA -EQ DOCKET NO. 20170072 -EQ PAGE 32 Attachment A (r DUKE ENERGYe SECTION No. IX SEVENTH REVISED SHEET NO. 9423 CANCELS SIXTH REVISED SHEET NO. 9.423 10.5.3 If the Facility is separated from the DEF system for any reason, under no circumstances shall the RF/QF reconnect the Facility to DEFs system without first obtaining DEFS specific approval. 10.5.4 During the term of this Contract, the RF/QF shall employ qualified personnel for managing, operating and maintaining the Facility and for coordinating such with DEF. The RF/QF shall ensure that operating personnel are on duty at all times, twenty-four (24) hours a calendar day and seven (7) calendar days a week. Additionally, during the term of this Contract, the RF/QF shall operate and maintain the Facility in such a manner as to ensure compliance with its obligations hereunder and in accordance with applicable law and Prudent Utility Practices. 10.5.5 DEF shall not be obligated to purchase, and may require curtailed or reduced deliveries of energy to the extent allowed under FPSC Rule 25- 17.086 and under any curtailment plan which DEF may have on file with the FPSC from time to time. 10.5.6 During the term of this Contract, the RF/QF shall maintain sufficient fuel on the site of the Facility to deliver the capacity and energy associated with the Committed Capacity for an uninterrupted seventy -two -(72) hour period. At DEF's request, the RF/QF shall demonstrate this capability to DEF's reasonable satisfaction. During the term of this Contract, the RF/QF's output shall remain within a band of plus or minus ten percent (10%) of the dailyoutput level or levels specified by the plant operator, in ninety percent (90%) of all operating hours under normal operating conditions. This calculation will be adjusted to exclude forced outage periods and periods during which the. RF/QF's output is affected by a Force Majeure event. 11. Completion/Performance Security 11.1 Simultaneous with the execution of this Contract RF/QF shall deliver to DEF Eligible Collateral in an amount equal to $30.00/kw of Committed Capacity as Completion/Performance Security. ISSUED BY: Javier Portoondo, Director. Rates & Regulatory Strategy - FL EFFECTIVE July 10. 2014 ORDER NO. PSC -2017 -0336 -PAA -EQ DOCKET NO. 20170072 -EQ PAGE 33 Attachment A DUKE 1tVa ENERGY. SECTION No. IX SEVENTH -EIGHTH REVISED SHEET NO. 9.424 CANCELS SORT -SEVENTH REVISED SHEET NO. 9.424 11.2 The choice of the type of Eligible Collateral by the RF/QF may be selected from time to time by the RF/QF and upon receipt of substitute Eligible Collateral, DEF shall promptly release sueh-the Eligible Collateral that has been replaced by the substitute Eligible Collateral. Following any termination of this Contract, the Parties shall mutually agree to a final settlement of all obligations under this Contract which such period shall not exceed 90 days from such termination date unless extended by mutual agreement between the Parties. After such settlement, any remaining Eligible Collateral posted by the RF/QF that has not been drawn upon by DEF pursuant to its rights under this Contract shall be returned to the RF/QF. Any dispute between the Parties regarding such final settlement shall be resolved according to applicable procedures set forth in Section 20.9. 11.3 Draws, Replenishment - DEF may draw upon Eligible Collateral provided by the RF/QF following the occurrence of an Event of Default or pursuant to the other provisions of this Contract in order to recover any damages to which DEF is entitled to under this Contract. In the event of such a draw then, except in the circumstance when this Contract otherwise terminates, the RF/QF shall within five (5) Business Days replenish the Eligible Collateral to the full amounts required. ISSUED BY: Javier Reduce do, Dtreetor, Rates & Regulatory Strategy - FL 1 EFFECTIVE: July-lOn2014 ORDER NO. PSC -2017 -0336 -PAA -EQ DOCKET NO. 20170072 -EQ PAGE 34 Attachment A a DUKE 1 ENERGY. SECTION No. IX FIFTH SIXTH REVISED SHEET NO. 9.425 CANCELS FOURTH -FIFTH REVISED SHEET NO. 9.425 11.4 In the event that the (a) Capacity Delivery Date occurs before the Required Capacity Delivery Date and (b) the ACBF is equal to or greater than 95% for the first twelve (12) months following the Capacity Delivery Date then DEF will return the Completion/Performance Security to the RF/QF within ninety (90) days of the first anniversary of the Capacity Delivery. Date. In the event that the Capacity Delivery Date does not occur before the Required Capacity Delivery Date then DEF shall immediately be entitled to draw down the Completion/Performance Security in full. In the event that the ACBF is less than 95% for any of the first twelve (12) months following the Capacity Delivery Date then DEF shall Fetain-be entitled to draw upon the Completion/Security until the ACBF is equal to or greater than 95% for 12 consecutive months. Upon the completion of twelve (12) consecutive months with the ACBF greater than or equal to 95% then DEF will return the Completion/Performance Security within ninety (90) days. 113 Reporting - RF/QF shall promptly notify DEF of any circumstance that results in RF/QF's failure to be in compliance with the RF/QF Performance Security Requirements of this Section 11. From time to time, at DEF's written request, RF/QF shall provide DEF with such evidence as DEF may reasonably request, that RF/QF Letter of Credit or Security Account is in full compliance with this Contract. 12. Termination Fee and Security 12.1 In the event that the RF/QF receives Capacity Payments pursuant to Option B, Option C, or Option D of Appendix D or any Capacity Payment schedule in Appendix E that differs from a Normal Capacity Payment Rate as calculated in FPSC Rule 25-17.0832(6)(a), then upon the termination of this Contract, the RF/QF shall owe and be liable to DEF for the Termination Fee. The RF/QF's obli tion to pay the Termination Fee shall survive the termination of this Contract. DEF shall provide the RF/QF, on a monthly basis, a calculation of the Termination Fee. 12.1.1 The Termination Fee shall be secured by the RF/QF by: (i) an unconditional, irrevocable, standby letter(s) of credit issued by a Qualified Institution in form and substance acceptable to DEF (including provisions (a) permitting partial and full draws and (b) permitting DEF to draw upon such Letter of Credit, in full, if such Letter of Credit is not renewed or replaced at least twenty (20) Business Days prior to its expiration date); (ii) a bond issued to DEF by a financially sound company in form and substance acceptable to DEF in its sole discretion; or (iii) a cash deposit with DEF (any of (i), (ii), or (iii), the "Termination Security"). ISSUED BY: Javier Portuondo, Director, Rates & Regulatory Strategy- FL EFFECTIVE: June•0r2046 ORDER NO. PSC -2017 -0336 -PAA -EQ DOCKET NO. 20170072 -EQ PAGE 35 Attachment A tENDUERKE GYe SECTION No. IX THIRD REVISED SHEET NO. 9A28 CANCELS SECOND REVISED SHEET NO. 9.42B 12.1.2 DEF shall have the right and the RF/QF shall be required to monitor the financial condition of (i) the issuer(s) in the case of any Letter of Credit and (ii) the insurer(s), in the case of any bond. In the event the senior debt rating of any issuer(s) or insurer(s) has deteriorated to the extent that they fail to meet the requirements of a Qualified Institution,DEF may require the RF/QF to replace the letter(s) of credit or the bond, as applicable. In the event that DEF notifies the RF/QF that it requires such a replacement, the replacement letter(s) of credit or bond, as applicable, must be issued by a Qualified Institution, and meet the requirements of Section 12.1.1 within thirty (30) calendar days following such notification. Failure by the RF/QF to comply with the requirements of this Section 12.1.2 shall be grounds for DEF to draw in full on any existing Letter of Credit or bond and to exercise any other remedies it may have hereunder. 12.1.3 After the close of each calendar quarter (March 31, June 30, September 30, and December 31) occurring subsequent to the Capacity Delivery Date, upon DEFs issuance of the Termination Fee calculation as described in Section 12.1, the RF/QF must provide DEF, within ten calendar (10) days, written assurance and documentation (the "Security Documentation"), in form and substance acceptable to DEF, that the amount of the Termination Security is sufficient to cover the balance of the Termination Fee through the end of the following quarter. In addition to the foregoing, at any time during the term of this Contract, DEF shall have the right to request and the RF/QF shall be obligated to deliver within five (5) calendar days of such request, such Security Documentation. Failure by the RF/QF to comply with the requirements of this Section 12.1.3 shall be grounds for DEF to draw in full on any existing Letter of Credit or bond or to retain any cash deposit, and to exercise any other remedies it may have hereunder. 12.1.4 Upon any termination of this Contract following the Required Capacity Delivery Date, DEF shall be entitled to receive (and in the case of the Letter(s) of Credit or bond, draw upon such Letter(s) of Credit or bond) and retain one hundred percent (100%) of the Termination Security. 13. Performance Factor DEF desires to provide an incentive to the RF/QF to operate the Facility during on -peak and off-peak periods in a manner that approximates the projected performance of the Avoided Unit. A formula to achieve this objective is attached as Appendix A. ISSUED BY: Javier Portuondo, Director, Rates 8 Regulatory Strategy - FL EFFECTIVE July 21.2015 ORDER NO. PSC -2017 -0336 -PAA -EQ DOCKET NO. 20170072 -EQ PAGE 36 Attachment A etab, DUKE ENERGY. 14. Default SECTION No. IX SIXTH REVISED SHEET NO. 9.427 CANCELS FIFTH REVISED SHEET NO. 9.427 Notwithstanding the occurrence of any Force Majeure as described in Section 18, each of the following shall constitute an Event of Default: (a) the RF/QF changes or modifies the Facility from that provided in Section 2 with respect to its type, location, technology or fuel source, without the prior written approval of DEF; (b) after the Capacity Delivery Date, the Facility fails for twelve (12) consecutive months to maintain an Annual Capacity Billing Factor, as described in Appendix A, of at least seventy five percent (75%); (c) the RF/QF fails to satisfy its obligations to maintain sufficient fuel on the site of the Facility to deliver the capacity and energy associated with the Committed Capacity for an uninterrupted seventy -two -(72) hour period under Section 10.5.6 hereof; (d) the failure to make when due, any payment requited pursuant to this Contract if such failure is not remedied within three (3) Business Days after written notice; (e) either Party, or the entity which owns or controls either Party, ceases the conduct of active business; or if proceedings under the federal bankruptcy law or insolvency laws. shall be instituted by or for or against either Party or the entity which owns or controls either Party; or if a receiver shall be appointed for either Party or any of its assets or properties, or for the entity which owns or controls either Party; or if any part of either Party's assets shall be attached, levied upon, encumbered, pledged, seized or taken under any judicial process, and such proceedings shall not be vacated or fully stayed within thirty (30) calendar days thereof; or if either Party shall make an assignment for the benefit of creditors, or admit in writing its inability to pay its debts as they become due; (f) the RF/QF fails to give proper assurance of adequate performance as specified under this Contract within thirty (30) calendar days after DEF, with reasonable grounds for insecurity, has requested in writing such assurance; the RF/QF fails to achieve licensing, certification, and all federal, state and local governmental, environmental, and licensing approvals required to initiate construction of the Facility by no later than the Completed Permits Date; (g) (h) the RF/QF fails to comply with the provisions of Section 11 hereof; (i) any of the representations or warranties, including the certification of the completion of the Conditions Precedent, made by either Party in this Contract is false or misleading in any material respect as of the time made; ISSUED BY: Javier Portuondo, Director, Rates a Regulatory Strategy - R. EFFECTIVE June 9.2016 ORDER NO. PSC -2017 -0336 -PAA -EQ DOCKET NO. 20170072 -EQ PAGE 37 Attachment A DUKE 1 �� ENERGY. SECTION No. IX FOURTH -FIFTH REVISED SHEET NO. 9.428 CANCELS TWO -FOURTH REVISED SHEET NO. 9.428 (j) if, at any time after the Capacity Delivery Date, the RF/QF reduces the Committed Capacity due to an event of Force Majeure and fails to repair the Facility and reset the Committed Capacity to the level set forth in Section 7.12 (as such level may be reduced by Section 7.34) within twelve (12) months following the occurrence of such event of Force Majeure; or (k) (1) either Party breaches any material provision of this Contract not specifically mentioned in this Section 14; the RF/QF fails to maintain its status as a Qualifying Facility. (ml the RF/OF sells any energy or firm capacity to an entity other than DEF. 15. Rights in the Event of Default 15.1 Upon the occurrence of any of the Events of Default in Section 14, the DEF may, at its option: 15.1.1 immediately terminate this Contract, without penalty or further obligation, except as set forth in Section 15.2, by written notice to the RF/QF, and offset against any payment(s) due from DEF to the RF/QF, any monies otherwise due from the RF/QF to DEF; 15.1.2 enforce the provisions of the Completion/Performance Security pursuant to Section 11 and/or the Termination Security requirement pursuant to Section 12 hereof, as applicable; and 15.1.3 exercise any other remedy(ies) which may be available to DEF at law or in equity. 15.2 Termination shall not affect the liability of either Party for obligations arising prior to such termination or for damages, if any, resulting from any breach of this Contract. 16. Indemnification 16.1 DEF and the RF/QF shall each be responsible for its own facilities. DEF and the RF/QF shall each be responsible for ensuring adequate safeguards for other DEF customers, DEF's and the RF/QF's personnel and equipment, and for the protection of its own generating system. Each Party (the "Indemnifying Party") agrees, to the extent permitted by applicable law, to indemnify, pay, defend, and hold harmless the other Party (the "Indemnified Party") and its officers, directors, employees, agents and contractors (hereinafter called respectively, "DEF Entities" and "RF/QF Entities") from and against any and all claims, demands, costs or expenses for loss, damage, or injury to persons or property of the Indemnified Party (or to third parties) directly caused by, arising out of, or resulting from: ISSUED BY: Javier Portuondo,.rector, Rates 8 Regulatory Strategy • FL EFFECTIVE: July -24r2048 2815 ORDER NO. PSC -2017 -0336 -PAA -EQ DOCKET NO. 20170072 -EQ PAGE 38 Attachment A DUKE ENERGY. SECTION No. IX SECOND REVISED SHEET NO. 9.429 CANCELS FIRST REVISED SHEET NO. 9.429 (a) a breach by the Indemnifying Party of its covenants, representations, and warranties or obligations hereunder, (b) any act or omission by the Indemnifying Party or its contractors, agents, servants or employees in connection with the installation or operation of its generation system or the operation thereof in connection with the other Party's system; (0) any defect in, failure of, or fault related to, the Indemnifying Party's generation system; (d) .the negligence or willful misconduct of the Indemnifying Party or its contractors, agents, servants or employees; or (e) any other event or act that is the result of, or proximately caused by, the Indemnifying Party or its contractors, agents, servants or employees related to the Contract or the Parties' performance thereunder. 16.2 Payment by an Indemnified. Party to a third party shall not be a condition precedent to the obligations of the Indemnifying Party under Section 16. No Indemnified Party under Section 16 shall settle any claim for which it claims indemnification hereunder without first allowing the Indemnifying Party the right to defend such a claim. The Indemnifying Party shall have no obligations under Section 16 in the event of a breach of the foregoing sentence by the Indemnified Party. Section 16 shall survive termination of this Contract. 17. Insurance 17.1 The RF/QF shall procure or cause to be procured and shall maintain throughout the entire Term of this Contract, a policy or policies of liability insurance issued by an insurer acceptable in the state of Florida on a standard "Insurance Services Office commercial general liability and/or excess liability form or equivalent and Workers' Compensation in accordance with the statutory requirements of the state of Florida (such policy or policies, collectively, the "RF/QF Insurance"). A certificate of insurance shall be delivered to DEF at least fifteen (15) calendar days prior to the start of any interconnection work. At a minimum, the RF/QF Insurance shall contain (a) an endorsement providing coverage, including products liability/completed operations coverage for the term of this Contract, and (b) premises and operations liability, (c) a broad form contractual liability endorsement covering liabilities (i) which might arise under, or in the performance or nonperformance of, this Contract or (ii) caused by operation of the Facility or any of the RF/QF's equipment. Without limiting the foregoing, the RF/QF Insurance must be reasonably acceptable to DEF. Any premium assessment or deductible shall be for the account of the RF/QF and not DEF. ISSUED BY: Javier Portuondo, Director, Rates & Regulatory Strategy. FL EFFECTIVE: July 10.2014 ORDER NO. PSC -2017 -0336 -PAA -EQ DOCKET NO. 20170072 -EQ PAGE 39 Attachment A (� DUKE 1 ENERGY. SECTION No. IX THIRD-FOURTH REVISED SHEET NO. 9.430 CANCELS SECOND-THIRD REVISED SHEET NO. 9.430 17.2 The RF/QF Insurance for liability shall have a minimum limit of five million dollars ($5,000,000.00) per occurrence for bodily injury (including death) or property damage. This liability limit can be met by any combination of commercial general and excess liability insurance policies. 17.3 To the extent that the RF/QF Insurance is on a " claims made " basis, the retroactive date of the policy(ies) shall be the Effective Date of this Contract or an earlier date. Furthermore, to the extent the RF/QF Insurance is on a "claims made" basis, the RF/QF's duty to provide insurance coverage shall survive the termination of this Contract until the expiration of the maximum statutory period of limitations in the State of Florida for actions based in contract or in tort To the extent the RF/QF Insurance is on an "occurrence" basis, such insurance shall be maintained in effect at all times by the RF/QF during the term of this Contract. 17.4 The RF/QF shall provide DEF with a copy of any material communication or notice related to the RF/QF Insurance within ten (10) Business Days of the RF/QF's receipt or issuance thereof. 17.5 DEF shall be designated as an additional named insured under the RF/QF Insurance (except Workers' Compensation). The RF/QF Insurance shall be be primary to any coverage maintained by DEF and provide, where permitted by law, waiver of any rights of subrogation against DEF. Any deductibles or retentions shall be the sole responsibility of RF/QF. RF/QF's compliance with these provisions and the limits of insurance specified herein shall not constitute a limitation of RF/QF's liability or otherwise affect RF/QF's indemnification obligations pursuant to this Contract Any failure to comply with all of these provisions shall not be deemed a waiver of any rights of DEF under this Contractor with respect to any insurance coverage required hereunder. DEF may request the RF/QF to provide a copy of any or all of its required insurance policies, including endorsements in which DEF is included as an additional insured for any claims filed relative to this Contract. ISSUED BY: Javier Portuondo, Director, Rates & Regulatory Strategy - FL EFFECTIVE: Juty48r2044 ORDER NO. PSC -2017 -0336 -PAA -EQ DOCKET NO. 20170072 -EQ PAGE 40 Attachment A t DUKEENERGY° SECTION No. IX THIRD REVISED SHEET NO. 9.431 CANCELS SECOND REVISED SHEET NO. 9.431 18. Force Majeure 18.1 "Force Majeure" is defined as an event or circumstance that is not reasonably foreseeable, is beyond the reasonable control of and is not caused by the negligence or lack of due diligence of the Party claiming Force Majeure or its contractors or suppliers and adversely affects the performance by that Party of its obligations under or pursuant to this Contract. Such events or circumstances may include, but are not limited to, actions or inactions of civil or military authority (including courts and governmental or administrative agencies), acts of God, war, riot or insurrection, blockades, embargoes, sabotage, epidemics, explosions and fires not originating in the Facility or caused by its operation,, hurricanes, floods, strikes, lockouts or other labor disputes or difficulties (not caused by the failure of the affected party to comply with the terms of a collective bargaining agreement). Force Majeure shall not be based on (i) the Toss of DEF's markets; (ii) DEF's economic inability to use or resell the Capacity and Energy purchased hereunder, or (iii) RF/QF's ability to sell the Capacity or Energy at a price greater than the price herein. Equipment breakdown or inability to use equipment caused by its design, construction, operation, maintenance or inability to meet regulatory standards, or otherwise caused by an event originating in the control of a Party, or a Party's failure to obtain on a timely basis and maintain a necessary permit or other regulatory approval, shall not be considered an event of Force Majeure, unless such Party can reasonably demonstrate, to the reasonable satisfaction of the non -claiming Party, that the event was not reasonably foreseeable, was beyond the Party's reasonable control and was not caused by the negligence or lack of due diligence of the Party claiming Force Majeure or its agents, contractors or suppliers and adversely. affects the performance by that Party of its obligations under or pursuant to this Contract. 18.2 Except as otherwise provided in this Contract, each Party shall be excused from performance when its nonperformance was caused, directly or indirectly by an event of Force Majeure. 18.3 In the event of any delay or nonperformance resulting from an event of Force Majeure, the Party claiming Force Majeure shall notify the other Party in writing within five (5) Business Days of the occurrence of the event of Force Majeure, of the nature cause, date of commencement thereof and the anticipated extent of such delay, and shall indicate whether any deadlines or date(s), imposed hereunder may be affected thereby. The suspension of performance shall be of no greater scope and of no greater duration than the cure for the Force Majeure requires. A Party claiming Force Majeure shall not be entitled to any relief therefore unless and until conforming notice is provided. The Party claiming Force Majeure shall notify the other Party of the cessation of the event of Force Majeure or of the conclusion of the affected Party's cure for the event of Force Majeure in either case within two (2) Business Days thereof. ISSUED BY: Javier Portuondo, Otrector, Rates & Regulatory Strategy • FL EFFECTIVE Judy 10, 2014 ORDER NO. PSC -2017 -0336 -PAA -EQ DOCKET NO. 20170072 -EQ PAGE 41 Attachment A efuN DUKE 1 ENERGY. SECTION No. IX SECONB•THIRD REVISED SHEET NO. 9.432 CANCELS FIRST-SECOND REVISED SHEET NO. 9.432 18.4 The Party claiming Force Majeure shall use its best efforts to cure the cause(s) preventing its performance of this Contract provided, however, the settlement of strikes, lockouts and other labor disputes shall be entirely within the discretion of the affected Party and such Party shall not be required to settle such strikes, lockouts or other labor disputes by acceding to demands which such Partydeems to be unfavorable. 18.5 If the RF/QF suffers an occurrence of an event of Force Majeure that reduces the generating capability of the Facility below the Committed Capacity, the RF/QF may, upon notice to DEF temporarily adjust the Committed Capacity as provided in Sections 18.6 and 18.7. Such adjustment shall be effective the first calendar day immediately following DEFs receipt of the notice or such later date as may be specified by the RF/QF. Furthermore, such adjustment shall be the minimum amount necessitated by the event of Force Majeure. 18.6 If the Facility is rendered completely inoperative as a result of Force Majeure, the RF/QF shall temporarily set the Committed Capacity equal to 0 kW until such time as the Facility can partially or fully operate at the Committed Capacity that existed prior to the Force Majeure. If the Committed Capacity is 0 kW, DEF shall have no obligation to make Capacity Payments hereunder. 18.7 If, at any time during the occurrence of an event of Force Majeure or during its cure, the Facility can partially or fully operate, then the RF/QF shall temporarily set the Committed Capacity at the maximum capability that the Facility can reasonably be expected to operate. 18.8 Upon the cessation of the event of Force Majeure or the conclusion of the cure for the event of Force Majeure, the Committed Capacity shall be restored to the Committed Capacity that existed immediately prior to the Force Majeure. Notwithstanding any other provisions of this Contract, upon such cessation or cure, DEF shall have right to require a Committed Capacity Test to demonstrate the Facility's compliance with the requirements of this Section 18.8. Any such Committed Capacity Test required by DEF shall be additional to any Committed Capacity Test under Section 7.34. 18.9 During the occurrence of an event of Force Majeure and a reduction in Committed Capacity under Section 18.5 all Monthly Capacity Payments shall reflect, pro rata, the reduction in Committed Capacity, and the Monthly Capacity Payments will continue to be calculated in accordance with the pay -for - performance provisions in Appendix A. ISSUED BY: Javier Portuoedo, Director, Rates a Regulatery Strategy - FL 1 EFFECTIVE: duly -19.2974 ORDER NO. PSC -2017 -0336 -PAA -EQ DOCKET NO. 20170072 -EQ PAGE 42 Attachment A t DENERUKE GYe SECTION No. IX SECOND REVISED SHEET NO. 9433 CANCELS FIRST REVISED SHEET NO. 9.433 18.10 The RF/QF agrees to be responsible for and pay the costs necessary to reactivate the Facility and/or the interconnection with DEF's system if the same is (are) rendered inoperable due to actions of the RF/QF, its agents, or Force Majeure events affecting the RF/QF, the Facility or the interconnection with DEF. DEF agrees to reactivate, at its own cost, the interconnection with the Facility in circumstances where any interruptions to such interconnections are caused by DEF or its agents. 19. Representations, Warranties, and Covenants of RF/QF Each Party hereto represents and warrants that as of the Effective Date: 19.1 Organization, Standing and Qualification DEF is a corporation duly organized and validly existing in good standing under the laws of Florida and has all necessary power and authority to carry on its business as presently conducted to own or hold under lease its properties and to enter into and perform its obligations under, this Contract and all other related documents and agreements to which it is or shall be a Party. The RF/QF is a (corporation, partnership, or other, as applicable) duly organized and validly existing in good standing under the laws of and has all necessary power and authority to carry on its business as presently conducted to own or hold under lease its properties and to enter into and perform its obligations under this Contract and all other related documents and agreements to which it is or shall be a Party. Each Party is duly qualified or licensed to do business in the State of Florida and in all other jurisdictions wherein the nature of its business and operations or the character of the properties owned or leased by it makes such qualification or licensing necessary and where the failure to be so qualified or licensed would impair its ability to perform its obligations under this Contract or would result in a material liability to or would have a material adverse effect on the other Party. 19.2 Due Authorization, No Approvals, No Defaults Each of the execution, delivery and performance by each Party of this Contract has been duly authorized by all necessary action on the part of such Party, does not require any approval, except as has been heretofore obtained, of the shareholders DEF or of the (shareholders, partners, or others, as applicable) of the RF/QF or any consent of or approval from any trustee, lessor or holder of any indebtedness or other obligation'of such Party, except for such as have been duly obtained, and does not contravene or constitute a default under any law, the articles of incorporation of DEF or the (articles of incorporation, bylaws, or other as applicable) of such Party, or any agreement, judgment, injunction, order, decree or other instrument binding upon such Party, or subject the Facility or any component part thereof to any lien other than as contemplated or permitted by this Contract. ISSUED BY: Javier Portuondo. Director. Rates & Regulatory Strategy - FL EFFECTIVE April 29.2013 ORDER NO. PSC -2017 -0336 -PAA -EQ DOCKET NO. 20170072 -EQ PAGE 43 Attachment A DUKE ENERGY. 19.3 Compliance with Laws SECTION No. IX SECOND REVISED SHEET NO. 9.434 CANCELS FIRST REVISED SHEET NO. 9.434 Each party has knowledge of all laws and business practices that must be followed in performing its obligations under this Contract. Each party also is in compliance with all laws, except to the extent that failure to comply therewith would not, in the aggregate, have a material adverse effect on the other Party. 19.4 Governmental Approvals Except as expressly contemplated herein, neither the execution and delivery by each Party of this Contract, nor the consummation by each Party of any of the transaction contemplated thereby, requires the consent or approval of, the giving of notice to, the registration with, the recording or filing of any document with, or the taking of any other action with respect to governmental authority, except with respect to permits (a) which have already been obtained and are in full force and effect or (b) are not yet required (and with respect to which the RF/QF has no reason to believe that the same will not be readily obtainable in the ordinary course of business upon due application therefore). 19.5 No Snits, Proceedings There are no actions, suits, proceedings or investigations pending or, to the knowledge of each Party, threatened against it at law or in equity before any court or tribunal of the United States or any other jurisdiction which individually or in the aggregate could result in any materially adverse effect on each Party's business, properties, or assets or its condition, financial or otherwise, or in any impairment of its ability to perform its obligationsunder this Contract. Each Party has no knowledge of a violation or default with respect to any law which could . result in any such materially adverse effect or impairment. 19.6 Environmental Matters To the best of its knowledge after diligent inquiry, each Party knows of no (a) existing violations of any environmental laws at the Facility, including those governing hazardous materials or (b) pending, ongoing, or unresolved administrative or enforcement investigations, compliance orders, claims, demands, actions, or other litigation brought by governmental authorities or other third parties alleging violations of any environmental law or permit which would materially and adversely affect the operation of the Facility as contemplated by this Contract. ISSUED BY: Javier Portcando, Director. Rates & Regulatory Strategy - FL EFFECTIVE: April 29.2013 ORDER NO. PSC -2017 -0336 -PAA -EQ DOCKET NO. 20170072 -EQ PAGE 44 Attachment A drat, DUKE ENERGY. 20. General Provisions 20.1 Project Viability SECTION No. IX ThIRDfOURTH REVISED SHEET NO. 9.435 CANCELS SECOND-THIRD REVISED SHEET NO. 9.435 To assist DEF in assessing the RF/QF's financial and technical viability, the RF/QF shall provide the information and documents requested in Appendix C or substantially similar documents, to the extent the documents apply to the type of Facility covered by this Contract and to the extent the documents are available. All documents to be considered by DEF must be submitted at the time this Contract is presented to DEF. Failure to provide the following such documents may result in a determination of non -viability by DEF. 20.2 Permits The RF/QF hereby agrees to obtain and maintain any and all permits, certifications, licenses, consents or approvals of anygovernmental authority which the RF/QF is required to obtain as a prerequisite to engaging in the activities specified in this Contract. 20.3 Project Management If requested by DEF, the RF/QF shall submit to DEF its integrated project schedule for DEF's review within sixty (60) calendar days from the execution of this Contract, and a start-up and test schedule for the Facility at least sixty (60) calendar days prior to start-up and testing of the Facility. These schedules shall identify key licensing, permitting, construction and operating milestone dates and activities. rr reguocted by DEFT -Tthe RF/QF shall submit 'monthly progress reports in a form satisfactory to DEF within fifteen (15) calendar days after the close of each month from the first month following the Effective Date until the Capacity Delivery Date. The RF/OF Delivery -Date -and shall notify DEF of any changes in such schedules within ten (10) calendar days after such changes are determined. If for any reason, DEF has reason to believe that RF/OF may fail to achieve the Capacity Delivery Date, then, upon DEF's request, RF/OF shall submit to DEF, within ten (10) business days of' such request. a remedial action plan ("Remedial Action Plan") that sets forth a detailed description of RF/OF's proposed course of action to promptly achieve the Capacity Delivery Date. Delivery of a Remedial Action Plan does not relieve RF/OF of its obligation to the Capacity Delivery Date. DEF shall have the right to monitor the construction, start-up and testing of the Facility, either on-site or off-site. DEF's technical review and inspections of the Facility and resulting requests, if any, shall not be construed as endorsing the design thereof or as any warranty as to the safety, durability or reliability of the Facility. ISSUED BY: Javier Portuondo, Director, Rates 8 Regutatory Strategy • FL 1 EFFECTIVE: Apd429,2013 ORDER NO. PSC -2017 -0336 -PAA -EQ DOCKET NO. 20170072 -EQ PAGE 45 Attachment A ORDER NO. PSC -2017 -0336 -PAA -EQ DOCKET NO. 20170072 -EQ PAGE 46 Attachment A DUKE I V' ENERGY. SECTION No. IX SraGOND-THIRD REVISED SHEET NO. 9.436 CANCELS FIRST-SECOND REVISED SHEET NO. 9.436 The RF/OF shall provide DEF with the final designer's/manufacturer's generator capability curves. protective relay types, proposed protective relay settings, main one -line diagrams. protective relay functional diagrams, and alternating current and direct elementary diagrams for review and inspection at DEF no later than one hundred eighty (180) calendar days prior to the initial synchronization date. 20.4 Assignment Either Party may not assign this Contract, without the other Party's prior written approval, which approval may not be unreasonably withheld or delayed. The RF/OF shall be responsible for DEF's reasonable costs and expenses associated with the review, negotiation, execution and delivery of any such documents or information pursuant to such collateral assignment, including reasonable attorney's fees. 20.5 Disclaimer In executing this Contract, DEF does not, nor should it be construed, to extend its credit or financial support for benefit of any third parties lending money to or having other transactions with the RF/QF or any assigns of this Contract. 20.6 Notification All formal notices relating to this Contract shall be deemed duly given when delivered in person, or sent by registered or certified mail, or sent by fax if followed immediately with a copy sent by registered or certified mail, to the individuals designated below. The Parties designate the following individuals to be notified or to whom payment shall be sent until such time as either Party furnishes the other Party written instructions to contact another individual: For the RF/QF: For DEF: Duke Energy Florida Cogeneration Manager DEF 155 299 First Avenue North St. Petersburg, FL 33701 249 First awe_.e Ne41h •- m st ISSUED BY: Javier Portuondo, Director, Rates 8 Regulatory Strategy - FL EFFECTNE: Ppl-29.2633 ORDER NO. PSC -2017 -0336 -PAA -EQ DOCKET NO. 20170072 -EQ PAGE 47 Attachment A ORDER NO. PSC -2017 -0336 -PAA -EQ DOCKET NO. 20170072 -EQ PAGE 48 Attachment A tim) DUKE I ENERGY. SECTION No. IX FIRST-SECOND REVISED SHEET NO. 9.437 CANCELS ARl6INAlfIRST REVISED SHEET NO. 9.437 Ponca and .Late documents t y-kxoailed to theaddre below oar deliv_esed during ft4tma1 busines lours..(, '.00 a.m to 4 45 o m 1 soibrisitors' entrance at the_asldres _______ElkcjAhRoyirgrelpigaliariDuke Energy Florida, LLC d/_b/a Duke Enerfp+ltiefida-irle 299 First Avenue N SS Petersburg FL 33701 Attntion• Cogeneration Manager DEF 155 20.7 Applicable Law This Contract a .- ... 1._- • I . . . •.veued the Sta _d_ELorida, and thights of the nartisyS h l be construed in accordance wit a lays of the State of Florida 20.8 Taxation ..._: e_ _...:. _:_ - ... :... The RF/OF shall hold DEF and its general body of ratepayers harmless from the effects of any additional taxes, assessments or other impositions that arise as a result of the purchase of energy and capacity from the RF/OF in lieu of other energy and capacity. Any savings in regards to taxes or assessments shall be included in the avoided cost payments made to the RF/OF to the extent permitted by law. In the event DEF becomes liable for additional taxes. assessments or impositions arising out of its transactions with the RF/OF under this tariff schedule or any related interconnection agreement or due to changes in laws affecting DEF's purchases of energy and capacity from the RF/OF occurring after the execution of an agreement under this tariff schedule and for which DEF would not have been liable if it had produced the energy and/or constructed facilities sufficient to provide the capacity contemplated under such agreement itself, DEF may bill the RF/OF monthly for such additional expenses or may offset them ISSUED BY: Javier Portuondo, Director, Rates & Regulatory Strategy - FL EFFECTIVE: A 26;3 ORDER NO. PSC -2017 -0336 -PAA -EQ DOCKET NO. 20170072 -EQ PAGE 49 Attachment A efeeN DUKE 1 ENERGY. SECTION No. IX MST -SECOND REVISED SHEET NO. 9.437 CANCELS ORIGINAL -FIRST REVISED SHEET NO. 9A37 against amounts due to the RF/OF from DEF. Any savings in taxes, assessments or impositions that accrue to DEF as a result of its purchase of energy and capacity under this tariff schedule that are not already reflected in the avoided energy or avoided capacity payments made to the RF/OF hereunder, shall be passed on to the RF/OF to the extent permitted by law without consequential penalty or loss of such benefit to DEF. ISSUED BY: Javier Poiluondo, Director, Rates & Regutatory Strategy - FL 1 EFFECTIVE: ORDER NO. PSC -2017 -0336 -PAA -EQ DOCKET NO. 20170072 -EQ PAGE 50 Attachment A efeeN DUKE 1 ENERGY. 20.9 Resolution of Disputes 20.9.1 Notice of Disnute SECTION No. IX SECOND-THIRD REVISED SHEET NO. 9.438 CANCELS FIRST-SECOND REVISED SHEET NO. 9.438 1__. .1 1: :, • • C.1t. et, • i 1! i� SLD 0 Lola •1l Contract or the breach, to ra ation or validita. thereof should apse between the Parties (a "Dispute') the Parsyjilay_de 1a eta Disnute by deliverine to the other Party a written nonce identif ngjb_e, disputed sue 20.9.2 Resolution by Parties yimaiesedlLof a wri eejo notices(aimins a Disnute execxtim of_ )]_ iA 1 e Aaie,ar&_ydthbiLiciatIlO.L.WsinesA I!._.. _ _ /I _ S.1 day after delivery of such nous tld thereafter as often as they reasona1I,y dgem necessary to_exchanue relevant information and jo Alento resolve the, Dis__ outg 4n c h_mgdngs and ntchmuts, a Pa hall have th_e rip. t to designates as Qnfide.--__ of aL 1 any iefomiatian that such Party offers No confidential info matron exchanged in sumeets pslor the nuroose of resolvine a Djspute may be used by a Pam in lit ,ation aFai the 1h t Part& If the matte as not calendar d0 _ ti. ' o meetwithin ten (1O1bRusjMss dDays •--I l" 1 -. .I 1 1 .1 1 1• I1• 1' •1 -• 1 as required above, either party may initiate binding arbitratiost in St, Peteaburg, Florida conducted in accord nce with the then current Ameencaritrati�t} AccociaM1on's (" AA A"1 La a omplex Commercial Ru1eI Qr otherut mually agreed uDon_orocedas, 20.10 Limitation of Liability IN NO EVENT SHALL DEF, ITS PARENT CORPORATION, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR MULTIPLE DAMAGES RESULTING FROM ANY CLAIM OR CAUSE OF ACTION, WHETHER BROUGHT IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR STRICT LIABILITY), OR ANY OTHER LEGAL THEORY. ISSUED BY: Javlor Po tuondo, Olroctor, Rates & Regulatory Strategy - FL EFFECTIVE A$1.29, 2043 ORDER NO. PSC -2017 -0336 -PAA -EQ DOCKET NO. 20170072 -EQ PAGE 51 Attachment A ORDER NO. PSC -2017 -0336 -PAA -EQ DOCKET NO. 20170072 -EQ PAGE 52 Attachment A /� DUKE 1 ENERGY. 20.11 Severabi llitx SECTION No. IX SECOND-THIRD REVISED SHEET NO. 9.439 CANCELS PIRST-SECOND REVISED SHEET NO. 9.439 If any part of this ConOora rea.s_ov_alid orunenforceable by public authority of aopropriate jurisdiction. then such decision shall not affect 0_e_v lidjtyQf tjle remainder of the Cotntrac, whicch remainder shall remain in 1 L : 1 •1.St, le. unenformbleRortion, 20.12 Complete Agreement and Amendments 4L yini .r mmupjcations or at*reements between the, „ whether veru( or written_ with referenQe 1p the subi matt of this Contract a hereby ab%Rated. No amendment or modeation to this Contractshall a bind'n unless it shall be set forth in writing and duly executed by both Parties. This . I t1- _at 2013 Survival of Contract ,Subject to the req hements of erection 20.4, this Contract. asjLlmay be amended from time to time,awl _e bindin,,e,_n��oo�n. an�•inure to the befitneo the Patti�es� e cc - - o 1. ' 1 's eless and let?a epptatiyes. • 20.14 Record Retention, Each Pay sha1J maintain for a panod of five (5) years from the date of 111 1 .1 . 1 1 (-• 1. . 1- ..t •111.1 • .. '{s .I hereunder, 20.15 No Waiver No waiver of any of the terms and conditions of this Contract shall be effective unless in writing and signed by the Party against whom such waiver is sought to be enforced. Any waiver of the terms hereof shall be effective only in the specific instance and for the specific purpose given. The failure of a Party to insist, in any instance, on the strict performance of any of the terms and conditions hereof shall not be construed as a waiver of such Party's right in the future to insist on such strict performance. 20.16 Set -Off DEF may at any time, but shall be under no obligation to, set off or recoup any and all sums due from the RF/QF against suras due to the RF/QF hereunder without undergoing any legal process. ISSUED BY: Javier Po,tuondo, Director, Rates 8 Regulatory Strategy • FL 1 EFFECTIVE: duty 10, 2014 ORDER NO. PSC -2017 -0336 -PAA -EQ DOCKET NO. 20170072 -EQ PAGE 53 Attachment A DUKE I V= ENERGY. SECTION No. IX SECOND-THIRD REVISED SHEET NO. 9.439 CANCELS RRSTSECOND REVISED SHEET NO. 9.439 ISSUED BY: Ja4tor Portuondo, Director, Rates & Regulatory Strategy - FL 1 EFFECTIVE .sty -79t2934 ORDER NO. PSC -2017 -0336 -PAA -EQ DOCKET NO. 20170072 -EQ PAGE 54 Attachment A (et, DUKE 1 ENERGY. SECTION No. IX FOURTH -FIFTH REVISED SHEET NO. 9.440 CANCELS TWRD•FOURTH REVISED SHEET NO. 9.440 • t.1i11111 .•', II. ty' .Itt•I •it• • (a---As_us"gd_lte[ein,T'r�k�ange(Sl in Enyjmnra tat Law 2r_tb_eregul r_y Le gpirements"mean.S.tbte_eu; tmen adoR'on nromlllgation. kmplementation or issuance of terpretation an Lute. nik. Cepulation D_ermit. licens usig ent• order o]C�DRToval by a governmental entity that specifically addresses environm¢ital-od reeulatory issues andshat takes effe��heffgctiYl�ate. j ---Thehi3i uckaawledge that chapg.dfi in Environmental Law or Other t ' Y • • t. _ It - t 1 41 • 1. • i =- _t ' • ... • _t - Avoided Unit ("Avoided! it Costehanes'1 and agree t(>�t, lQy such cbangei(sIshould affect the cost of the Avoided Unit more thane ttc. 16 1 • 11. t 1'4, t- .. I j - t 1 phanee(sl may avail elf of the remedvset forth in Section 20.17(d) be1Q]LaS.jts sQ(e and exclusive r_ emedv" rti .ce r cd2pnjz antagree that certain hanee(sl in .pyjronm nta Law or Other Regulatary_ReAlujrements may occur that do net rise to a bevel that the Parties desire to imaact this Contract. According(,y the Parties agree that for the-numoss of this Contrac uchshang&s1 will not be deemed to have occurred unless the ch n e in void est resulting _such changel excel a mutually agreed unon amount This mutually agreed upon amount is attachedi tQ 4s Contract in Anoendi , (d) If an Avoided Unit Cost Change meets the threshold set forth in Section 20.17(c) above, the affected Party may request the avoided cost payments under this Contract be recalculated and that the avoided cost payments for the remaining tens of the Contract be adjusted based on the recalculation, subject to the approval of the FPSC. Any dispute regarding the application of this Section 20.17 shall be resolved in accordance with Section 20.9. 20.18 Provision of Information. Within a reasonable period of time after receiving a written request therefore from the requesting Party, the other Party hereto shall provide the requesting Party with information that is reasonable and related to the non -requesting Party and/or the facilities or operations of the non -requesting Party that the requesting Party reasonably requires in order to comply with a Requirement of Law or any requirement of Generally Accepted Accounting Principles promulgated by the Financial Accounting Standards Board (or any successor thereto), (including, but not limited to, FIN 46-R) applicable to the requesting Party. In the event that a party requires information or reports that are not within its possession to meet financial reporting requirements, the parties will work in good faith to enable the requesting party to meet its financial reporting requirements. ISSUED BY: Javier Portuondo, Director. Rates a Regulatory Strategy - FL 1 EFFECTIVE J4431.2016 ORDER NO. PSC -2017 -0336 -PAA -EQ DOCKET NO. 20170072 -EQ PAGE 55 Attachment A t� DUKE 1 ENERGY. SECTION No. IX • SECOND-THIRD REVISED SHEET NO. 9.441 CANCELS FIRS;SECOND...REVISED SHEET NO. 9.441 IN WITNESS WHEREOF, the RF/QF has executed this Contract on the date set forth below. RF/QF Signature Print Name Title Date IN WITNESS WHEREOF, DEF has acknowledged receipt of this executed Contract. 1 DUKE ENERGY FLORIDA, INGLLC. Signature Print Name Title Date ISSUED BY: Javier Portuorrdo, Director, Rates & Regulatory Strategy - FL 1 EFFECTIVE: July -10,49U ORDER NO. PSC -2017 -0336 -PAA -EQ DOCKET NO. 20170072 -EQ PAGE 56 Attachment A DUKE V ENERGY° SECTION No. IX SEVENTH REVISED SHEET NO. 9.442 CANCELS SIXTH REVISED SHEET NO. 9.442 APPENDIX A TO DUKE ENERGY FLORIDA RENEWABLE OR QUALIFYING FACILITY LESS THAN 100 KW STANDARD OFFER CONTRACT MONTHLY CAPACITY PAYMENT CALCULATION Capitalized terms not otherwise defined herein have the meaning ascribed to them in the Standard Offer Contract for the Purchase of Firm Capacity and Energy from a Renewable Energy Producer or a Qualifying Facility less than 100 kW. A. In the event that the ACBF is less than or equal to 75%, then no Monthly Capacity Payment shall be due. That is: MCP = 0 B. In the event that the ACBF is greater than 75% but less than 95%, then the Monthly Capacity Payment shall be calculated by using the following formula: MCP = BCP x [1 - [5 x (.95 - ACBF)] x CC C. In the event that the ACHF is equal to or greater than 95%, then the Monthly Capacity Payment shall be calculated by using the following formula: MCP = BCP x CC Where: MCP = Monthly Capacity Payment in dollars. BCP = Base Capacity Payment in $/kW/Month as specified in Appendix D or E. CC = Committed Capacity in kW. ISSUED BY: Javier Partuondo, °Rector, Rates S Regulatory Strategy - FL EFFECTIVE June 9, 2016 ORDER NO. PSC -2017 -0336 -PAA -EQ DOCKET NO. 20170072 -EQ PAGE 57 Attachment A DUKE ENERGY. ACBF SECTION No. IX SECOND REVISED SHEET NO. 9.443 CANCELS FIRST REVISED SHEET NO. 9.443 Annual Capacity Billing Factor. The ACBF shall be the electric energy actually received by DEF for the 12 consecutive months preceding the date of calculation excluding any energy received during an event of Force Majeure in which the Committed Capacity is temporarily set equal to 0 kW, divided by the product of the Committed Capacity and the number of hour; in the 12 consecutive months preceding the date of calculation excluding the hours during an event of Force Majeure in which the Committed Capacity is temporarily set equal to 0 kW. If an event of Force Majeure occurs during the 12 consecutive months preceding the date of calculation in which the Committed Capacity is temporarily set to a value greater than 0 kW then the 12 month rolling average will be pro- rated accordingly. During the first 12 consecutive Monthly Billing Periods commencing with the first Monthly Billing Period in which Capacity Payments are to be made, the calculation of 12 -month rolling average ACBF shall be performed as follows (a) during the first Monthly Billing Period, the ACBF shall be equal to the Monthly Availability Factor, (b) thereafter, the calculation of the ACBF shall be computed by summing the electric energy actually received by DEF for the number of full consecutive months preceding the date of calculation excluding any energy received during an event of Force Majeure in which the Committed Capacity is temporarily set equal to 0 kW, divided by the product of the Committed Capacity and the number of hours in the number of full consecutive months preceding the date of calculation excluding the hours during an event of Force Majeure in which the Committed Capacity is temporarily set equal to 0 kW. If an event of Force Majeure occurs during the months preceding the date of calculation in which the Committed Capacity is temporarily set to a value greater than 0 kW then the 12 month rolling average will be pro- rated accordingly. This calculation shall be performed at the end of each Monthly Billing Period until enough Monthly Billing Periods have elapsed to calculate a true 12 -month rolling average ACBF. MAF a Monthly Availability Factor. The total energy received during the Monthly Billing Period for which the calculation is made, divided by the product of Committed Capacity times the total hours during the Monthly Billing Period. Monthly = The period beginning on the first calendar day of each calendar Billing month, except that the initial Monthly Billing Period shall consist of Period the period beginning 12:01 a.m., on the Capacity Delivery Date and ending with the last calendar day of such month. ISSUED BY: Javier Pofiwndo, Director, Rates & Regulatory Strategy - FL EFFECTIVE AprIl 29.2013 ORDER NO. PSC -2017 -0336 -PAA -EQ DOCKET NO. 20170072 -EQ PAGE 58 Attachment A (; DUKRGYE ENE. SECTION No. IX THIRD REVISED SHEET 9.444 CANCELS SECOND REVISED SHEET NO. 9.444 APPENDIX B TO DUKE ENERGY FLORIDA RENEWABLE OR QUALIFYING FACILITY LESS THAN 100 KW STANDARD OFFER CONTRACT TERMINATION FEE Capitalized terms not otherwise defined herein have the meaning ascribed to them in the Standard Offer Contract for the Purchase of Firm Capacity and Energy from a Renewable Energy Producer or a Qualifying Facility less than 100 kW. The "Termination Fee" shall be the sum of the values for each month beginning with the month in which the Capacity Delivery Date occurs through the month of the Termination Date (or month of calculation, as the case may be) computed according to the following formula: where n E (MCP' — MCPC') • (1 + r)t°'t i=1 with: MCPC = 0 for all periods prior to the in-service date of the Avoided Unit: number of Monthly Billing Periods commencing with the Capacity Delivery Date (i.e., the month in which Capacity Delivery Date occurs = 1; the month following this month in which Capacity Delivery Date occurs = 2 etc.) n = the number of Monthly Billing Periods which have elapsed from the month in which the Capacity Delivery Date occurs through the month of termination (or month of calculation, as the case may be) r = DEFs incremental after-tax avoided cost of capital (defined as r in Appendix D). MCP' = Monthly Capacity Payment paid to RF/QFQF corresponding to the Monthly Billing Period i, calculated in accordance with Appendix A. MCPCI = Monthly Capacity Payment for Option A corresponding to the Monthly Billing Period i, calculated in accordance with this Contract. ISSUED BY: Javier Portuondo. Director. Rates a Regulatory Strategy • FL EFFECTIVE: April 29.2013 ORDER NO. PSC -2017 -0336 -PAA -EQ DOCKET NO. 20170072 -EQ PAGE 59 Attachment A ik DUKE ENERGY. SECTION No. IX SIXTH REVISED SHEET NO. 9.445 CANCELS FIFTH REVISED SHEET NO. 9.445 In the event that for any Monthly Billing Period, the computation of the value of the Termination Fee for such Monthly Billing Period (as set forth above) yields a value less than zero, the amount of the Termination Fee shall be decreased by the amount of such value expressed as a positive number (the "Initial Reduction Value"); provided, however, that such Initial Reduction Value shall be subject to the following adjustments (the Initial Reduction Value, as adjusted, the "Reduction Value"): a. In the event that in the applicable Monthly Billing Period the Annual Capacity Billing Factor, as defined in Appendix A is less than or equal to 75%, then the Initial Reduction Value shall be adjusted to equal zero (Reduction Value = 0), and the Termination Fee shall not be reduced for the applicable Monthly Billing Period. b. In the event that in the applicable Monthly Billing Period the Annual Capacity Billing Factor , as defined in Appendix A, is greater than 75% but less than 95%, than the Reduction Value shall be determined as follows: c. Reduction Value = Initial Reduction Value x (5 x (ACBF - .95)] For the applicable Monthly Billing period, the Termination Fee shall be reduced by the amount of such Reduction Value. In the event that in the applicable Monthly Billing Period the Annual Capacity Billing Factor, as defined in Appendix A, is equal to or greater than 95%, then the Initial Reduction Value shall not be adjusted (Reduction Value = Initial Reduction Value), and the Termination Fee shall be reduced for the applicable Monthly Billing period by the amount of the Initial Reduction Value. In no event shall DEF be liable to the RF/QF at any time for any amount by which the Termination Fee, adjusted in accordance with the foregoing, is less than zero (0). ISSUED BY: Javier Portuondo, Director. Rates & Regulatory Strategy • FL EFFECTIVE: June 9. 2016 ORDER NO. PSC -2017 -0336 -PAA -EQ DOCKET NO. 20170072 -EQ PAGE 60 Attachment A (� DUKE V' ENERGY. SECTION No. IX FIRST REVISED SHEET NO. 9.446 CANCELS ORIGINAL SHEET NO. 9.446 APPENDIX C TO DUKE ENERGY FLORIDA RENEWABLE OR QUALIFYING FACILITY LESS THAN 100 KW STANDARD OFFER CONTRACT • DETAILED PROJECT INFORMATION Capitalized terms not otherwise defined herein have the meaning ascribed to them in the Standard Offer Contract for the Purchase of Firm Capacity and Energy from a Renewable Energy Producer or a Qualifying Facility less than 100 kW. Each eligible Contract received by DEF will be evaluated to determine if the underlying RF/QF project is financially and technically viable. The RF/QF shall, to the extent available, provide DEF with a detailed project proposal which addresses the information requested below: I. FACILITY DESCRIPTION • Project Name • Project Location * Street Address * Size Plot Plan * Legal Description of Site • Generating Technology • Primary Fuel • Altercate Fuel (if applicable) • Committed Capacity • Expected In -Service Date • Contact Person * Individual's Name and Title * Company Name * Address * Telephone Number * Fax Number II. PROJECT PARTICIPANTS • Indicate the entities responsible for the following project management activities and provide a detailed description of the experience and capabilities of the entities: ISSUED BY: Javier Portuondo, Director, Rates 8 Regulatory Strategy - FL EFFECTIVE: Apr1129. 2013 ORDER NO. PSC -2017 -0336 -PAA -EQ DOCKET NO. 20170072 -EQ PAGE 61 Attachment A DUKE ENERGY• • Project Development • Siting and Licensing the Facility • Designing the Facility • Constructing the Facility " Securing the Fuel Supply • Operating the Facility SECTION No. IX FIRST REVISED SHEET NO. 9.447 CANCELS ORIGINAL SHEET NO. 9.447 • Provide details on all electrical facilities which are currently under construction or operational which were developed by the RF/QF. • Describe the financing structure for the projects identified above, including the type of financing used, the permanent financing tens, the major lenders and the percentage of equity invested at Financial Closing. m. FUEL SUPPLY • Describe all fuels to be used to generate electricity at the Facility. Indicate the specific physical and chemical characteristics of each fuel type (e.g. Btu content, sulfur content, ash content, etc.). Identify special considerations regarding fuel supply origin, source and handling, storage and processing requirements. • Provide AFR necessary to support planned levels of generation and list the assumptions used to determine these quantities. • Provide a summary of the status of the fuel supply arrangements in place to meet the AFR, in each year of the proposed operating life of the Facility. Use the categories below to describe the current arrangement for securing the AFR. Category Description of Fuel Supply Arrangement owned = fuel is from a fully developed source owned by one or more of the project participants contract = fully executed firm fuel contract exists between the developer(s) and fuel supplier(s) LOI = a letter of intent for fuel supply exists between developer(s) and fuel supplier(s) SPP = small power production facility will burn biomass, waste, or another renewable resource spot = fuel supply will be purchased on the spot market none = no firm fuel supply arrangement currently in place other = fuel supply arrangement which does not fit any of the above categories (please describe) • Indicate the percentage of the Facility's AFR which is covered by the above fuel supply arrangement(s) for each proposed operating year. The percent of AFR covered for each operating year must total 100%. For fuel supply arrangements identified as owned, contract, or LOI, provide documentation to support this category and explain the fuel price mechanism of the arrangement. In addition, indicate whether or not the fuel price includes delivery and, if so, to what location. ISSUED BY: Javier Portuortdo, Director. Rates 8 Regulatory Strategy - FL EFFECTIVE: April 29. 2013 ORDER NO. PSC -2017 -0336 -PAA -EQ DOCKET NO. 20170072 -EQ PAGE 62 Attachment A i DUKE ENERGY• SECTION No. IX FIRST REVISED SHEET NO. 9.448 CANCELS ORIGINAL SHEET NO, 9.448 • Describe fuel transportation networks available for delivering all primary and secondary fuel to the Facility site. Indicate the mode, route and distance of each segment of the journey, from fuel source to the Facility site. Discuss the current status and pertinent factors impacting future availability of the transportation network. • Provide AFTR necessary to support planned levels of generation and list the assumptions used to determine these quantities. • Provide a summary of the status of the fuel transportation arrangements in place to meet the AFTR in each year of the proposed operating life of the Facility. Use the categories below to describe the current arrangement for securing the AFTR. owned = fuel transport via a fully developed system owned by one or more of the project participants contract = fully executed firm transportation contract exists between the developer(s) and fuel transporter(s) LOI = a letter of intent for fuel transport exists between developer(s) and fuel transporter(s) spot = fuel transportation will be purchased on the spot market none = no firm fuel transportation arrangement currently in place other = fuel transportation arrangement which does not fit any of the above categories (please describe) • Provide the maximum, minimum and average fuel inventory levels to be maintained for primary and secondary fuels at the Facility site. List the assumptions used in determining the inventory levels. • Provide information regarding RF/QF's plans to maintain sufficient on site fuel to deliver capacity and energy for an uninterrupted seventy-two (72) hour period. IV. PLANT DISPATCHABILITY/CONTROLLABILITY • Provide the following operating characteristics and a detailed explanation supporting the performance capabilities indicated: • Ramp Rate (MW/minute) • Peak Capability (% above Committed Capacity) * Minimum power level (% of Committed Capacity) • Facility Turnaround Time, Hot to Hot (hours) • Start-up Time from Cold Shutdown (hours) • Unit Cycling (# cycles/yr.) * MW and MVAR Control (ACC, Manual, Other (please explain)) ISSUED BY: Javier Portuondo, Director, Rates & Regulatory Strategy - FL EFFECTIVE: April 29, 2013 ORDER NO. PSC -2017 -0336 -PAA -EQ DOCKET NO. 20170072 -EQ PAGE 63 Attachment A t) Pea Gy. V. SITING AND LICENSING SECTION No. IX FIRST REVISED SHEET NO. 9.449 CANCELS ORIGINAL SHEET NO. 9.449 • Provide a licensing/permitting milestone schedule, which lists all permits, licenses and variances, required to site the Facility. The milestone schedule shall also identify key milestone dates for baseline monitoring, application preparation, agency review, certification and licensing/siting board approval, and agency permit issuance. • Provide a licensing/permitting plan that addresses the issues of air emission, water use, wastewater discharge, wetlands, endangered species, protected properties, surrounding land use, zoning for the Facility, associated linear facilities and support of and opposition to the Facility. • List the emission/effluent discharge limits the Facility will meet and describe in detail the pollution control equipment to be used to meet these limits. VL FACILITY DEVELOPMENT AND PERFORMANCE • Submit a detailed engineering, procurement, construction, startup and commercial operation schedule. The schedule shall include milestones for site acquisition, engineering phases, selection of the major equipment vendors, architect engineer, and Facility operator, steam host integration and delivery of major equipment A discussion of the current status of each milestone should also be included where applicable. • Attach a diagram of the power block arrangement Provide a list of the major equipment vendors and the name and model number of the major equipment to be installed. • Provide a detailed description of the proposed environmental control technology for the Facility and describe the capabilities of the proposed technology. • Attach preliminary flow diagrams for the steam system, water system, and fuel system, and a main electrical one line diagram for the Facility. • State the expected heat rate (HHV) at 75 degrees Fahrenheit for loads of 100%, 75% and 50%. In addition, attach a preliminary heat balance for the Facility. VII. FINANCIAL • Provide DEF with assurances that the proposed RF/QF project is financially viable in accordance with FPSC Rule 25-17.0832(4)(c) by attaching a detailed pro -forma cash flow analysis. The pro - forma must include, at a minimum, the following assumptions for each year of the project. ISSUED BY: Javier Portuondo, Dtreetor, Rates & Regulatory Strategy • FL EFFECTIVE: April 29, 2013 ORDER NO. PSC -2017 -0336 -PAA -EQ DOCKET NO. 20170072 -EQ PAGE 64 Attachment A fes DUKE ENERGY. • Annual Project Revenues * Capacity Payments ($ and $/kW/Mo.) * Variable O&M ($ and $/MWh) * Energy ($ and $/MWh) * Tipping Fees ($ and $/ton) * Interest Income * Other Revenues * Variable O&M Escalation (%/yr.) * Energy Escalation (%/yr.) * Tipping Fee Escalation (%/yr.) • Annual Project Expense SECTION No. IX FIRST REVISED SHEET NO. 9.450 CANCELS ORIGINAL SHEET NO. 9.450 * Fixed O&M ($ and $/kW/Mo.) * Variable O&M ($ and $/MWh) * Energy ($ and $/MWh) * Property Taxes ($) * Insurance ($) * Emission Compliance ($ and S/MWh) * Depreciation ($ and %/yr.) • * Other Expenses ($) * Fixed O&M Escalation (%/yr.) * Variable O&M Escalation (%/yr.) * Energy Escalation (%/yr.) • Other Project Information * Installed Cost of the Facility ($ and $/kW) * Committed Capacity (kW) * Average Heat Rate - HHV (MBTU/kWh) * Federal Income Tax Rate (%) * Facility Capacity Factor (%) * Energy Sold to DEF (MWh) • Permanent Financing * Permanent Financing Term (yr.) * Project Capital Structure (percentage of long-term debt, subordinated debt, tax exempt debt and equity) * Financing Costs (cost of long-term debt, subordinated debt, tax exempt debt and equity) ' * Annual Interest Expense * Annual Debt Service ($) * Amortization Schedule (beginning balance, interest expense, principal reduction, ending balance) ISSUED BY: Javier Portuondo, Director, Rates S Regulatory Strategy - FL EFFECTIVE April 29.2013 ORDER NO. PSC -2017 -0336 -PAA -EQ DOCKET NO. 20170072 -EQ PAGE 65 Attachment A i DUKE t ENERGY• SECTION No. IX FIRST REVISED SHEET NO. 9.451 - CANCELS ORIGINAL SHEET NO. 9.451 • Provide details of the financing plan for the project and indicate whether the project will be non-recourse project financed. If it will not be project financed please explain the altemative financing arrangement. • Submit financial statements for the last two years on the principals of the project, and provide an illustration of the project ownership structure. ISSUED BY: Javier Porbmndo. Otrector. Rates 8 Regulatory Strategy - FL EFFECTIVE: April 29.2013 ORDER NO. PSC -2017 -0336 -PAA -EQ DOCKET NO. 20170072 -EQ PAGE 66 Attachment A :j 'RELY. ENERGY. SECTION No. IX FIRST REVISED SHEET NO. 9.452 CANCELS ORIGINAL SHEET NO. 9.452 APPENDIX D TO DUKE ENERGY FLORIDA RENEWABLE OR QUALIFYING FACILITY LESS THAN 100 KW STANDARD OFFER CONTRACT RATE SCHEDULE COG -2 Capitalized terms not otherwise defined herein have the meaning ascribed to them in the Standard Offer Contract for the Purchase of Firm Capacity and Energy from a Renewable Energy Producer or a Qualifying Facility less than 100 kW. SCHEDULE COG -2, Firm Capacity and Energy from a Renewable Facility ("RF/QF") or a Qualifying Facility less than 100 kW ("QF") AVAILABLE, DEF will, under the provisions of this schedule and the Contract to which this Appendix is attached and incorporated into by reference, purchase firm capacity and energy offered by a RF/QF as defined in the contract. DEF's obligation to contract to purchase firm capacity from such RF/QF by means of this schedule and the Contract will continue no later than the Expiration Date. APPLICABLE To RF/QFs as defined in the Contract producing capacity and energy for sale to DEF on a firm basis pursuant to the terms and conditions of this schedule and the Contract. "Firm Capacity and Energy" are described by FPSC Rule 25-17.0832, F.A.C., and are capacity and energy produced and sold by a RF/QF pursuant to the Contract provisions addressing (among other things) quantity, time and reliability of delivery. CHARACTER OF SERVICE Purchases within the territory served by DEF shall be, at the option of DEF, single or three phase, 60 -hertz alternating current at any available standard DEF voltage. Purchases from outside the territory served by DEF shall be three phase, 60 -hertz alternating current at the voltage level available at the interchange point between DEF and the entry delivering the Firm Capacity and Energy from the RF/QF. ISSUED BY: Javier Portaorcdo, Director. Rates & Regulatory Strategy - FL EFFECTIVE: AprIl 29.2013 ORDER NO. PSC -2017 -0336 -PAA -EQ DOCKET NO. 20170072 -EQ PAGE 67 Attachment A �� DUKE ENERGYe LIMITATION SECTION No. IX FIRST REVISED SHEET NO. 9.453 CANCELS ORIGINAL SHEET NO, 9.453 Purchases under this schedule are subject to FPSC Rules 25-17.080 through 25-17.310, F.A.C., and are limited to those RF/QFs which: A. Are defined in the Contract; B. Execute a Contract; RATES FOR PURCHASES BY DEF Firm Capacity and Energy are purchased at unit cost, in dollars per kilowatt per month and cents per kilowatt-hour, respectively, based on the value of deferring additional capacity required by DEF. For the purpose of this schedule, an Avoided Unit has been designated by DEF. DEF's next Avoided Unit has been identified in Section 4 of the Contract. Schedule 1 to this Appendix describes the methodology used to calculate payment schedules, general terms, and conditions applicable to the Contract filed and approved pursuant to FPSC Rules 25-17.080 through 25- 17.310, F.A.C. A. Firm Capacity Rates Four options, A through D, as set forth below, are available for payments of firm capacity that is produced by a RF/QF and delivered to DEF. Once selected, an option shall remain in effect for the term of the Contract. Exemplary payment schedules, shown below, contain the monthly rate per kilowatt of firm Capacity which the RF/QF has contractually committed to deliver to DEF and are based on a contract term which extends through the Termination Date in Section 4 of the Contract. Payment schedules for other contract terms wiU be made available to any RF/QF upon request and may be calculated based on the methodologies described in Schedule 1. The currently approved parameters used to calculate the following schedule of payments are found in Schedule 2 to this Appendix. Option A - Fixed Value of Deferral Payments - Normal Capacity Payment schedules under this option are based on the value of a year -by -year deferral of DEF's Avoided Unit with an in-service date as of the Avoided Unit In -Service Date in Section 4 of the Contract, calculated in accordance with FPSC Rule 25-17.0832, F.A.C., as described in Schedule 1. Once this option is selected, the current schedule of payments shall remain fixed and in effect throughout the term of the Contract. The payment schedule for this option follows in Table 3. ISSUED SY: Javter Portu ndo, ohoetor, Rates & Rogatatory Strategy - FL EFFECTIVE Apel 29.2013 ORDER NO. PSC -2017 -0336 -PAA -EQ DOCKET NO. 20170072 -EQ PAGE 68 Attachment A DUKE ENERGY. SECTION No. IX FIRST REVISED SHEET NO. 9.454 CANCELS ORIGINAL SHEET NO. 9.454 Option B - Fixed Value of Deferral Payments - Early Capacity Payment schedules under this option are based upon the early capital cost component of the value of a year -by -year deferral of the Avoided Unit. The term "early" with respect to Option B means that these payments can start prior to the anticipated in-service date of the Avoided Unit; provided, however, that under no circumstances may payments begin before this RF/QF is delivering Firm Capacity and Energy to DEF pursuant to the terms of the Contract. When this option is selected, the Capacity Payments shall be made monthly commencing no earlier than the Capacity Delivery Date of the RF/QF and calculated as shown on Schedule 1. Capacity Payments under Option B do not result in a prepayment or create a future benefit. The RF/QF shall select the month and year in which the deliveries of firm capacity and energy to DEF are to commence and Capacity Payments are to start. DEF will provide the RF/QF with a schedule of capacity payment rates based on the month and year in which the deliveries of firm capacity and energy are to commence and the term of the Contract. The exemplary payment schedule in Table 3 is based on a contract term that begins on the Exemplary Early Capacity Payment Date in Section 4 of the Contract. Option C - Fixed Value of Deferral Payment - Levelized Capacity Payment schedules under this option are based upon the levelized capital cost component of the value of a year -by -year deferral of the Avoided Unit. The capital portion of Capacity Payments under this option shall consist of equal monthly payments over the term of the Contract, calculated as shown on Schedule 1. The fixed operation and maintenance portion of Capacity Payments shall be equal to the value of the year -by -year deferral of fixed operation and maintenance expense associated with the Avoided Unit. These calculations are shown in Schedule 1. The payment schedule for this option is contained in Table 3. Capacity Payments under Option C do not result in a prepayment or create a future benefit. Option D - Fixed Value of Deferral Payment - Early Levelized Capacity Payment schedules under this option are based upon the early levelized capital cost component of the value of a year -by -year deferrak of the Avoided Unit. The capital portion of Capacity Payments under this option shall consist of equal monthly payments over the term of the Contract, calculated as shown on Schedule 1. The fixed operation and maintenance expense shall be calculated as shown in Schedule 1. The RF/QF shall select the month and year in which the deliveries of firm capacity and energy to DEF are to commence and Capacity Payments are to start. DEF will provide the RF/QF with a schedule of capacity payment rates based on the month and year in which the deliveries of firm capacity and energy are to commence and the term of the Contract. The exemplary payment schedule in Table 3 is based on a contract term that begins on the Exemplary Early Capacity Payment Date in Section 4 of the Contract. ISSUED BY: Javier Portuondo, Director, Rates a Regulatory Strategy - FL EFFECTIVE: April 29, 2013 ORDER NO. PSC -2017 -0336 -PAA -EQ DOCKET NO. 20170072 -EQ PAGE 69 Attachment A eft) DUKE 1 V9 ENERGY. SECTION No. IX ENTh- LEVENTH REVISED SHEET NO. 9.455 CANCELS NINTH -TENTH REVISED SHEET NO. 9.455 TABLE 3 EXAMPLE MONTHLY CAPACITY PAYMENT 114$/kW/MONTH DEFS June 1, 2024 Undesignated CT Renewable or Qualifying Facility Standard Offer Contract Avoided Capacity Payments ($/kW/MONTH) Option A Option B Normal Early Capacity Capacity Contract Payment Starting Payment Starting Year on the Avoided on the Unit In -Service Exemplary. Date Capacity Payment Date Option C Option D Levelized Early Levelized Capacity Capacity Payment Starting Payment Starting on the Avoided on the Unit In -Service Exemplary Date Capacity Payment Date 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 3�-1�36 3803.45 4824.37 3903.53 4,144.48 4-00362 3:874.59 4-103.71 3-1.94_70 4403.81 5.324.82 4.303.90 5:464.94 4414.00 5495.07 4424.10 3435.19 4:63420 3585.32 4:734.31 6025.46 4574.41 645.59 4.994.52 4+93.80 4403.80 5.354.84 4403.81 3464.85 443.82 5.364.86 4233.82 3:374.87 4433.83 5484.87 4433.83 5.394.88 443.84 3-404.89 4443.85 5414.90 4,43.86 3424.91 4443.86 5,434.92 4:373.87 3:444.93 4.38-3.88 1. The Capacity Payment schedules contained in this Contract assume a term of ten years from the Avoided Unit In -Service Date. In the event the RF/QF requests a term greater than ten years but less than the Avoided Unit Life then DEF shall prepare a schedule of Capacity Payments for the requested term. Such Capacity Payment rates shall be calculated utilizing the value -of -deferral methodology described in FPSC Rule 25-17.0832(6). ISSUED BY: Javier Portuondo, Director, Raton 8 Regulatory Strategy - FL EFFECTIVE June -9-2638 ORDER NO. PSC -2017 -0336 -PAA -EQ DOCKET NO. 20170072 -EQ PAGE 70 Attachment A () DUKE I vie ENERGY. SECTION No. IX 1RST,SECOND REVISED SHEET NO. 9.456 CANCELS OR16INA141RST REVISED SHEET NO. 9.456 2. The RF/QF may also request an altemative Capacity Payment rate stream from DEF as authorized by Rule 25-17.250(4). Regardless of the Capacity Payment rate stream requested by the RF/QF, the cumulative present value of the capital cost payments made to the RF/QF over the term of the Contract shall not exceed the cumulative present value of the capital cost payments had such payments been made pursuant to FPSC Rule 25-17.0832(4)(g)(i). Fixed operation and maintenance expense shall be calculated to conform with FPSC Rule 25- 17.0832(6)(b). Such an alternative Capacity Payment rate shall be subject to the Termination Fee in Appendix B. In the event that alternative Capacity Payment rates are agreed upon, such Capacity Payment rate schedule shall be attached to the Contract in Appendix E. B. Energy Rates Payments Prior to the Avoided Unit In -Service Date 1. The energy rate, in cents per kilowatt-hour (¢/kWh), shall be based on DEF's actual hourly avoided energy costs which are calculated by DEF in accordance with FPSC Rule 25-17.0825, F.A.C. The calculation of payments to the RF/QF shall be based on the sum over all hours of the billing period, of the product of each hour's avoided energy cost times the amount of energy (kWh) delivered to DEF from the Facility for that hour. All purchases shall be adjusted for losses from the point of metering to the point of interconnection. Upon request of the RF/QF, DEF shall provide the RF/QF the option of receiving energy payments based on DEF's year -by -year projection of system incremental costs prior to hourly economy energy sales to other utilities, based on normal weather and fuel conditions plus a mutually agreed upon market volatility risk premium. Payments Starting on Avoided Unit In -Service Date The calculation of payments to the RF/QF for energy delivered to DEF on and after the Avoided Unit In -Service Date shall be the sum, over all hours of the Monthly Billing Period, of the product of (a) each hour's Finn Energy Rate (¢/kWh); and (b) the amount of energy (kWh) delivered to DEF from the Facility during that hour. ISSUED BY: Javier Portuondo, Director, Rates S Regulatory Strategy - FL I EFFECTIVE: A9n1-29r20t3 ORDER NO. PSC -2017 -0336 -PAA -EQ DOCKET NO. 20170072 -EQ PAGE 71 Attachment A DUKE I �� ENERGY. SECTION No. IX ENm 4-gLEVENTH REVISED SKEET NO. 9.457 CANCELS NIN114I ENTH REVISED SHEET NO. 9.457 For any period during which energy is delivered by the RF/QF to DEF, the Firm Energy Rate in cents per kilowatt hour (¢/kWh) shall be the following on an hour -by -hour basis: the lesser of (a) the As -Available Energy Rate and (b) the Avoided Unit Energy Cost. The Avoided Unit Energy Cost, in cents per kilowatt - hour (¢/kWh) shall be defined as the product of (a) the Avoided Unit Fuel Cost and (b) the Avoided Unit Heat Rate; plus (c) the Avoided Unit Variable O&M. For the purposes of this agreement, the Avoided Unit Fuel Cost shall be determined from gas price published in Platts Inside FERC, Gas Market Report, first of the month posting for Florida Gas Transmission ("FGT") Zone 3, plus other charges, surcharges and percentages that are in effect from time to time. The Parties may mutually agree to fix a minority portion of the base firm energy payments associated with the Avoided Unit and amortize that fixed portion, on a present value basis, over the term of the Contract. Such fixed firm energy payments may, at the option of the RF/QF, start as early as the Avoided Unit In -Service Date. For purposes of this paragraph, "base firm energy payments associated with the Avoided Unit" means the energy costs of the Avoided Unit to the extent that the Avoided Unit would have been operated. If this option is mutually agreed upon, it will be attached to this Contract in Appendix E. ESTIMATED AS -AVAILABLE ENERGY COST Average On -Peak O€ -Peak 011e, -,W14 1t1/4( -W14 291-6 33 33 3-4 204-7 3-6 3 33 248 37 38 376 2044 34 38 3,6 2020 39 4-8 38 As required in Section 25-17.0825. F.A.C.. information relating to as -available energy cost projections will be provided within 30 days of a written request for such projections by any interested person. ISSUED BY: Javier Portuondo, Director. Rates & Regulatory Strategy - FI. 1 EFFECTIVE: Juee.9,2046 ORDER NO. PSC -2017 -0336 -PAA -EQ DOCKET NO. 20170072 -EQ PAGE 72 Attachment A : DUKE ENERGY. ESTIMATED UNIT FUEL COST SECTION No. IX TENT4FLEVENTH REVISED SHEET NO. 9.458 CANCELS N NTk4TENTH REVISED SHEET NO. 9.458 $ U 207 2818 281-9 2020 202-1- 2022 2023 2024 3:44- 3:49 3:84 4-64 3-34 3:96 449 6,43 6 As required m Section 25-17.0832, F.A.C., the estimated fuel costs associated w.th DEF's Avoided Unit are based on current estimates of the price of natural .gas and will be provided within 30 days of a written request for such projections by any interested person. pELIVERY VOLTAGE ADJUSTMENT DEF's average system line losses are analyzed annually for the prior calendar year, and delivery efficiencies are developed for the transmission, distribution primary, and distribution secondary voltage levels. This analysis is provided in the DEF's Procedures For Changing The Real Power Loss Factor (currently Attachment Q) in its Open Access Transmission Tariff and DEF's fuel cost recovery filing with the FPSC. An adjustment factor, calculated as the reciprocal of the appropriate delivery efficiency factor, is applicable to the above determined energy costs if the RF/QF is within DEF's service territory to reflect the delivery voltage level at which RF/QF energy is received by the DEF. The current delivery voltage adjustment factors are: Delivery Voltage Adjustment Factor Transmission Voltage Delivery Primary Voltage Delivery Secondary Voltage Delivery PERFORMANCE CRITERIA 1.01368 1.02368 1.0629333 Payments for firm Capacity are conditioned on the RF/QF's ability to maintain the following performance criteria: A. Capacity Delivery Date The Capacity Delivery Date shall be no later than the Required Capacity Delivery Date. B. Availability and Capacity Factor ISSUED BY: Javier Portuondo, Director, Rates 8 Regulatory Strategy - FL 1 EFFECTIVE: June -9,2048 ORDER NO. PSC -2017 -0336 -PAA -EQ DOCKET NO. 20170072 -EQ PAGE 73 Attachment A (ca) DUKE 1 ENERGY. SECTION No. IX i€N 4. _LEVENTH REVISED SHEET NO. 9.458 CANCELS NINTH -TENTH REVISED SHEET NO. 9.458 The Facility's availability and capacity factor are used in the determination of firm Capacity Payments through a performance based calculation as detailed in Appendix A to the Contract. ISSUED BY: Javier Portuondo. DIredor. Rates 8 Regulatory Strategy - F7. 1 EFFECTIVE: duae-9r2838 ORDER NO. PSC -2017 -0336 -PAA -EQ DOCKET NO. 20170072 -EQ PAGE 74 Attachment A rc DUKE 1 ENERGY. METERING REQUIREMENTS SECTION No. IX SECOND-THIRD REVISED SHEET No. 9.459 CANCELS FIRST-SECOND REVISED SHEET NO. 9.459 The RF/QFs within the territory served by DEF shall be required to purchase from DEF hourly recording meters to measure their energy deliveries to DEF. Energy purchases from the RF/QFs outside the territory of DEF shall be measured as the quantities scheduled for interchange to DEF by the entity delivering Firm Capacity and Energy to DEF. BILLING OPTIONS A RF/QF, upon entering into this Contract for the sale of firm capacity and energy or prior to delivery of as -available energy, may elect to make either simultaneous purchases from and sales to DEF, or net sales to DEF; provided, however, that no such arrangement shall cause the RF/QF to sell more than the Facility's net output. A decision on billing methods may only be changed: 1) when a RF/QF selling as -available energy enters into this Contract for the sale of firm capacity and energy; 2) when a Contact expires or is lawfully terminated by either the RF/QF or DEF; 3) when the RF/QF is selling as -available energy and has not changed billing methods within the last twelve months; 4) when the election to change billing methods will not contravene the provisions of FPSC Rule 25-17.0832 or a contract between the RF/QF and DEF. If a RF/QF elects to change billing methods, such changes shall be subject to the following: 1) upon at least thirty days advance written note to DEF; 2) the installation by DEF of any additional metering equipment reasonably required to effect the change in billing and upon payment by the RF/QF for such metering equipment and its installation; and 3) upon completion and approval by DEF of any alteration(s) to the interconnection reasonably required to effect the change in billing and upon payment by the RF/QF for such alteration(s).. Payments due a RF/QF will be made monthly and normally by the twentieth business day following the end of the billing period. The kilowatt-hours sold by the RF/QF and the applicable avoided energy rates at which payment are being made shall accompany the payment to the RF/QF. ISSUED BY: Javier Fo,tucndo, Director, Rates Ii Regulatory Strategy - FL 1 EFFECTIVE P4:41-29,-2043 ORDER NO. PSC -2017 -0336 -PAA -EQ DOCKET NO. 20170072 -EQ PAGE 75 Attachment A lt DUKE ENERGY° SECTION No. IX FOURTH REVISED SHEET NO. 9.460 CANCELS THIRD REVISED SHEET NO. 9.460 CHARGES TO RENEWABLE ENERGY PROVIDER The RF/QF shall be responsible for all applicable charges as currently approved or as they may be approved by the Florida Public Service Commission, including, but not limited to: A. Retail Service Charges The RF/QF shall be responsible for all FPSC approved charges for any retail service that may be provided by DEF. The RF/QF shall be billed at the customer charge rate stated in DEF's applicable standby tariff monthly for the costs of meter reading, billing, and other administrative costs. B. Interconnection Charges Applicable Interconnection Charges are included in the transmission arrangements entered into with the Transmission Provider. Notwithstanding the above, Interconnection Charges must be in accordance with the provisions of FPSC Rule 25-17.087. C. Transmission Charges Applicable Transmission Charges are included in the transmission arrangements entered into with the Transmission Provider. Notwithstanding the above, Transmission Charges must be in accordance with the provisions of FPSC Rule 25-17.087. ISSUED BY: Javier Poduondo, Dlredor, Rates & Regulatory Strategy - FL EFFECTIVE April 29, 2013 ORDER NO. PSC -2017 -0336 -PAA -EQ DOCKET NO. 20170072 -EQ PAGE 76 Attachment A DUKE ENERGY. TERMS OF SERVICE SECTION No. IX FIRST REVISED SHEET NO. 9.461 CANCELS ORIGINAL SHEET NO, 9.461 A. It shall be the RF/QFs responsibility to inform DEF of any change in its electric generation capability. B. Any electric service delivered by DEF to a RF/QF located in DEFs service area shall be subject to the following terms and conditions: (1) A RF/QF shall be metered separately and billed under the applicable retail rate schedule(s), whose terms and conditions shall pertain. (2) A security deposit will be required in accordance with FPSC Rules 25- 17.082(5) and 25-6.097, F.A.C., and the following: (i) In the first year of operation, the security deposit should be based upon the singular month in which the RF/QFs projected purchases from DEF exceed, by the greatest amount, DEFs estimated purchases from the RF/QF. The security deposit should be equal to twice the amount of the difference estimated for that month. The deposit is required upon interconnection. (ii) For each year thereafter, a review of the actual sales and purchases between the RF/QF and DEF will be conducted to determine the actual month of maximum difference. The security deposit should be adjusted to equal twice the greatest amount by which the actual monthly purchases by the RF/QF exceed the actual sales in DEF in that month. (3) DEF shall specify the point of interconnection and voltage level. (4) The RF/QF must enter into an interconnection to DEF's system. Specific features of the RF/QF and its interconnection to DEFs facilities will be considered by DEF in preparing the interconnection agreement. Notwithstanding the above, interconnection with, and delivery into, the Company's system must be accomplished in accordance with the provisions of FPSC Rule 25-17.087. C. Service under this rate schedule is subject to the rules and regulations of the FPSC. ISSUED BY: Javier Portuondo, Director, Rams & Regulatory Strategy - FL EFFECTIVE April 29, 2013 ORDER NO. PSC -2017 -0336 -PAA -EQ DOCKET NO. 20170072 -EQ PAGE 77 Attachment A DUKE ENERGY. SECTION No. IX FIRST REVISED SHEET NO. 9.462 CANCELS ORIGINAL SHEET NO. 9.462 SCHEDULE TO RATE SCHEDULE COG -2 CALCULATION OF VALUE OF DEFERRAL PAYMENTS APPLICABILITY This Schedule 1 provides a detailed description of the methodology used by DEF to calculate the monthly values of deferring or avoiding the Avoided Unit identified in the Contract. When used in conjunction with the current FPSC-approved cost parameters associated with the Avoided Unit contained in Schedule 2, a RF/QF may determine the applicable value of deferral capacity payment rate associated with the timing and operation of its particular facility should the RF/QF enter into a Contract with DEF. Also contained in this Schedule 1 is the discussion of the types and forms of surety bond requirements or equivalent assurance for payment of the Termination Fee acceptable to DEF in the event of contractual default by a RF/QF. CALCULATION OF VALUE OF DEFERRAL OPTION A FPSC Rule 25-17.0832(5) specifies that avoided capacity costs, in dollars per kilowatt per month, associated with capacity sold to a utility by a RF/QF pursuant to Contract shall be defined as the year -by -year value of deferral of the Avoided Unit. The year -by - year value of deferral shall be the difference in revenue requirements associated with deferring the Avoided Unit one year, and shall be calculated as follows: VAC. =1/12[Kla(1—R)/(1— RL) +On] Where, for a one year deferral: VAC. = utility's monthly value of avoided capacity, in dollars per kilowatt per month, for each month of year n; K = present value of carrying charges for one dollar of investment over L years with carrying charges computed using average annual rate base and assumed to be paid at the middle of each year and present valued to the middle of the first year, R= (1 + ip)/ (1 + r); to = total direct and indirect cost, in mid -year dollars per kilowatt including AFUDC but excluding CWIP, of the Avoided Unit with an in-service date of year n, including all identifiable and quantifiable costs relating to the construction for the Avoided Unit which would have been paid had the Avoided Unit been constructed; ISSUED BY: Javter Parti endo, Director, Rates 8 Regulatory Strategy - FL EFFECTIVE April 29, 2013 ORDER NO. PSC -2017 -0336 -PAA -EQ DOCKET NO. 20170072 -EQ PAGE 78 Attachment A tDUKEENERGY® SECTION No. IX FIRST REVISED SHEET NO. 9.483 CANCELS ORIGINAL SHEET NO. 9A53 Oe = total fixed operation and maintenance expense for the year n, in mid -year dollars per kilowatt per year, of the Avoided Unit; ip = annual escalation rate associated with the plant cost of the Avoided Unit; b = annual escalation rate associated with the operation and maintenance expense of the Avoided Unit; r = annual discount rate, defined as the utility's incremental after-tax cost of capital; L = expected life of the Avoided Unit; and n = year for which the Avoided Unit is deferred starting with the Avoided Unit In -Service Date and ending with the Termination Date. CALCULATION OF FIXED VALUE OF DEFERRAL PAYMENTS - EARLY CAPACITY -OPTION 0 Under the fixed value of deferral Option A, payments for firm capacity shall not commence until the in-service date of the Avoided unit(s). At the option of the RF/QF, however, DEF may begin making payments for capacity consisting of the capital cost component of the value of a year -by -year deferral of the Avoided .Unit prior to the anticipated in-service date of the Avoided Unit. When such payments for capacity are elected, the avoided capital cost component of Capacity Payments shall be paid monthly commencing no earlier than the Capacity Delivery Date of the RF/QF, and shall be calculated as follows: Where: AM=[A,(1+.i,)te1II+Ae(1+i)t°'It]/12 for m=1 to t AM monthly payments to be made to the RF/QF for each month of the contract year n, in dollars per kilowatt per month in which RF/QF delivers capacity pursuant to the early capacity option; ip = annual escalation rate associated with the plant cost of the Avoided Unit; = annual escalation rate associated with the operation and maintenance expense of the Avoided Unit; ISSUED BY: Javier Portuondo, Director, Rates & Regulatory Strategy - FL EFFECTIVE: April 29, 2013 ORDER NO. PSC -2017 -0336 -PAA -EQ DOCKET NO. 20170072 -EQ PAGE 79 Attachment A (s DUKE ENERGYe Where: Where: SECTION No. IX FIRST REVISED SHEET NO. 9.464 CANCELS ORIGINAL SHEET NO, 9.464 m = year for which the fixed value of deferral payments under the early capacity option are made to a RF/QF, starting in year one and ending in the year t t = the Term, in years, of the Contract: Ac = F[(l—R)/(1-1t`)] F = the cumulative present value, in the year that the contractual payments will begin, of the avoided capital cost component of Capacity Payments which would have been made bad Capacity Payments commenced with the Avoided Unit In -Service Date; R (1+ip)/(1+r) r = annual discount rate, defined as DEFs incremental after- tax cost of capital; and Ao = G[(1—R)/(1-10] G = The cumulative present value, in the year that the contractual payments will begin, of the avoided fixed operation and maintenance expense component of Capacity Payments which would have been made had Capacity Payments commenced with the Avoided Unit In -Service Date. R = (1+io)/(1+r) The currently approved parameters applicable to the formulas above are found in Schedule 2. CALCULATION OF FIXED VALUE OF DEFERRAL PAYMENTS - LEVELIZED AND EARLY LEVELIZED CAPACITY - OPTION C & OPTION D, RESPECTIVELY Monthly fixed value of deferral payments for levelized and early levelized capacity shall be calculated as follows: ISSUED BY: Javier Portuondo, Dtroctor, Rates 8 Regulatory Strategy - FL EFFECTIVE: April 29.2013 ORDER NO. PSC -2017 -0336 -PAA -EQ DOCKET NO. 20170072 -EQ PAGE 80 Attachment A tDUKE ENERGY® Where: PL=(F/12)• [r/ 1—(1+r){]+O PL SECTION No. IX FIRST REVISED SHEET NO. 9.465 CANCELS ORIGINAL SHEET NO. 9.465 = the monthly levelized capacity payment, starting on or prior to the in-service date of DEFs Avoided Unit(s): F = the cumulative present value, in the year that the contractual payments will begin, of the avoided capital cost component of the Capacity Payments which would have been made had the Capacity Payments not been levelized; r = the annual discount rate, defined as DEFs incremental after-tax cost of capital; = the Tenn, in years of the Contract 0 = the monthly fixed operation and maintenance component of the Capacity Payments, calculated in accordance with calculation of the fixed value of deferral payments for the levelized capacity or the early levelized capacity options. RISK -RELATED GUARANTEES With the exception of governmental solid waste facilities covered by FPSC Rule 25- 17.091, FPSC Rule 25-17.0832 (4)(e)10 requires that, when fixed value of deferral payments - early capacity, levelized capacity, or early levelized capacity are elected, the RF/QF must provide a surety bond or equivalent assurance of securing the payment of a Termination Fee in the event the RF/QF is unable to meet the terms and conditions of its Contract. Depending on the nature of the RF/QFs operation, financial health and solvency, and its ability to meet the terms and conditions of the Contract, one of the following may constitute an equivalent assurance of payment: (1) Bond; (2) Cash deposit(s) with DEF; (3) Unconditional, irrevocable, direct pay Letter of Credit; (4) Unsecured promise by a municipal, county or state government to repay payments for early or levelized capacity in the event of default, in conjunction with a legally binding commitment from such government allowing the utility to levy a surcharge on either the electric bills of the government's electricity consuming facilities or the constituent electric customers of such government to assure that payments for early or levelized capacity are repaid; (5) Unsecured promise by a privately -owned RF/QF to repay payments for early or levelized capacity in the event of default, in conjunction with a legally binding commitment from the owners) of the RF/QF, parent company, and/or subsidiary companies located in Florida to assure that payments for early, levelized or early levelized capacity are repaid; or (6) Other guarantees acceptable to DEF. ISSUED BY: Javier Pootuondo, Otrector, Rates a Regulatory Strategy - FL EFFECTIVE: Aprtl 29, 2013 ORDER NO. PSC -2017 -0336 -PAA -EQ DOCKET NO. 20170072 -EQ PAGE 81 Attachment A (9 DUKE t ENERGY. SECTION No. IX FIRST REVISED SKEET NO. 9.466 CANCELS ORIGINAL SHEET NO. 6.466 DEF will cooperate with each RF/QF applying for fixed value of deferral payments under the early, levelized or early levelized capacity options to determine the exact form of an "equivalent assurance for payment of the Termination Fee to be required based on the particular aspects of the RF/QF. DEF will endeavor to accommodate an equivalent assurance of repayment which is in the best interests of both the RF/QF and DEF's ratepayers. ISSUED BY: Javier PwWondo, Director. Rates & Regulatory Strategy - Fl- EFFECTIVE: LEFFECTIVE Aped 29.2013 ORDER NO. PSC -2017 -0336 -PAA -EQ DOCKET NO. 20170072 -EQ PAGE 82 Attachment A () DUKE 1 ENERGY. SECTION No. IX TENTH -ELEVENTH REVISED SHEET NO. 9.467 CANCELS NINTH -TENTH REVISED SHEET NO. 9.487 SCHEDULE 2 TO RATE SCHEDULE COG2CAPACITY OPTION PARAMETERS FIXED VALUE OF DEFERRAL PAYMENTS - NORMAL CAPACITY OPTION PARAMETERS Where, for one year deferral: ViCm, = DEFs value of avoided capacity and O&M, in dollars per kilowatt per month, during month m; K1 = present value of carrying charges for one dollar of investment over L years with carrying charges computed using average annual rate base and assumed to be paid at the middle of each year and present valued to the middle of the first year, In I = total direct and indirect cost, in mid -year dollars per kilowatt including AFUDC but excluding CWIP, of the Avoided Unit with an in-service date of year n; OJ = total fixed operation and maintenance expense, for the year n, in mid -year dollars per kilowatt per year, of the Avoided Unit: ip = annual escalation rate associated with the plant cost of the Avoided Unit; ie annual escalation rate associated with the operation and maintenance expense of the Avoided Unit ✓ 1 = annual discount rate, defined as DEFs incremental after-tax cost of capital; L = expected life of the Avoided Unit; n • year for which the Avoided Unit is deferred starting with the Avoided Unit In -Service Date and ending with the Termination Date. ISSUED BY: Javier Portuondo, Director, Rates 8 Regulatory Strategy - FL 1 EFFECTNE: June -94046 Value 4.8237 1.31709 7765697.2 7 3:873.67 2.50% 2.50% 6.8592% 35 2024 ORDER NO. PSC -2017 -0336 -PAA -EQ DOCKET NO. 20170072 -EQ PAGE 83 Attachment A f DUKE 1 ENERGY. SECTION No. IX T68 M -ELEVENTH REVISED SHEET NO. 9.468 CANCELS NIN:F .TENTH REVISED SHEET NO. 9.468 FIXED VALUE OF DEFERRAL PAYMENTS - EARLY CAPACITY OPTION PARAMETERS lAak = monthly avoided capital cost component of Capacity Payments to 3.1354 - be made to the RF/QF starting as early as two years prior to the Avoided Unit In -Service Date, in dollars per kilowatt per month; ip = annual escalation rate associated with the plant cost of the Avoided Unit; n • year for which early Capacity Payments to a RF/QF are to It begin; • the cumulative present value of the avoided capital cost component of Capacity Payments which would have been made had Capacity Payments commenced with the anticipated in- service date of the Avoided Unit and continued for a period of 10 years; = annual discount rate, defined as DEF's incremental after-tax cost of capital; = the Term, in years, of the Contract for the purchase of firm capacity commencing prior to the in-service date of the Avoided Unit; • the cumulative present value of the avoided fixed operation and maintenance expense component of Capacity Payments which would have been made had Capacity Payments commenced with the anticipated in-service date of the Avoided Unit and continued until the Termination Date. ISSUED BY: Javier Portuondo, Director, Rates & Regulatory Strategy - FL 1 EFFECTIVE: Juee.8r28t8 2.50% 2022 304.22276. 38 6.854?% 4413 201.80 ORDER NO. PSC -2017 -0336 -PAA -EQ DOCKET NO. 20170072 -EQ PAGE 84 Attachment A (� DUKE ENERGY SECTION No. IX FIRST REVISED SHEET NO. 9.470 CANCELS ORIGINAL SHEET NO, 9.470 APPENDIX E TO DUKE ENERGY FLORIDA RENEWABLE OR QUALIFYING FACILITY LESS THAN 100 KW STANDARD OFFER CONTRACT AGREED UPON PAYMENT SCHEDULES AND OTHER MUTUAL AGREEMENTS ISSUED BY: Javier Portuondo, Director. Rates & Regulatory Strategy - FL EFFECTIVE April 29.2013 ORDER NO. PSC -2017 -0336 -PAA -EQ DOCKET NO. 20170072 -EQ PAGE 85 Attachment A DUKE ENERGY. SECTION No. IX FIRST REVISED SHEET NO. 9.475 CANCELS ORIGINAL SHEET NO. 9.475 APPENDIX F FPSC RULES 25-17.080 THROUGH 25-17.310 ARE PROVIDED IN SECTION VIII ON THIS TARIFF BOOK ISSUED BY: Javtor Portuondo. DIreetor. Rates & Regulatory Strategy - FL EFFECTIVE: April 29.2013 ORDER NO. PSC -2017 -0336 -PAA -EQ DOCKET NO. 20170072 -EQ PAGE 86 Attachment A ,EXHIBIT E AMENDED INTERCONNECTION AGREEMENT (Legislative copy) Tariff Sheets: 9.700 through 9.717 DUKE ENERGY FLORIDA ORDER NO. PSC -2017 -0336 -PAA -EQ DOCKET NO. 20170072 -EQ PAGE 87 Attachment A WILY. SECTION No. IX WRSTSECOND REVISED SHEET No. 9.700 CANCELS FIRST REVISED SHEET No. 9.700 INTERCONNECTION AGREEMENT INTERCONNECTION ARRANGEMENTS AND COST RESPONSIBILITY 1_01.0 Purpose 1.1. This Interconnection Agreement ("Agreement") sets forth the terms and conditions pursuant to which ("QF") has agreed to comply with and pay Duke Energy Florida, LLC ("Company") to interconnect with Company's electrical system. -This Agreement provides the procedures for the scheduling of construction for the Company's Interconnection Facilities as well as the cost responsibility of a QF Facility for the payment of Interconnection Costs. This Agreement also provides for operating, testing, and inspection procedures for the safe parallel operation of the Facility with the Company's electrical system. This Agreement applies to QFs directly interconnected with the Company's system and providing all net electrical output for sale to the Company . All requirements contained herein shall apply in addition to and not in lieu of the provisions of the Power Purchase Agreement. 2.0 24 -Definitions 2.1. 2.1—"Agreement" means this Interconnection Agreement 2.2. 2,1—"Company" means Duke Energy Florida, LLC. 2.3. 2. -"Company's Interconnection Facilities" means all equipment located on the Company's side of the Point of Delivery, including without limitation, equipment for connection, switching, transmission, distribution, protective relaying and safety ISSUED BY: Javier Pmtrrendo, Director, Rates & Regulatory Strategy - FL EFFECTIVE October14,-3018 ORDER NO. PSC -2017 -0336 -PAA -EQ DOCKET NO. 20170072 -EQ PAGE 88 Attachment A (� DUKE ENERGY. SECTION No. IX FIRST-SECOND REVISED SHEET No. 9.700 CANCELS FIRST REVISED SHEET No. 9.700 provisions which in the Company's sole discretion are required to be installed for the delivery into the Company's system, measurement of electric energy injected into the Company's system, and upgrades to the Company's electrical system required for the Company to receive, use, and deliver the energy to Company's load, including all metering and telemetering equipment installed for the measurement of such energy delivered by the Facility, regardless of the Facility's location in relation to the Point of Delivery. 2.4. 2.3 "Default" means the failure of a_breaching Party to cure its breach under this Agreement. ISSUED BY: Javier Portuondo, Director. Rates 8 Regulatory Strategy - FL EFFECTIVE: Ootobor43,201.8 ORDER NO. PSC -2017 -0336 -PAA -EQ DOCKET NO. 20170072 -EQ PAGE 89 Attachment A DUKE ENERGY. SECTION No. IX FIRST-SECOND REVISED SHEET No. 9.701 CANCELS FIRST REVISED SHEET No. 9.701 2.5. 24—"Emergency Condition" means (a) any urgent, abnormal, operationally unstable, dangerous, and/or public safety condition that is existing on the Company's system; (b) any urgent, abnormal, operationally unstable, dangerous, and/or public safety condition that is likely to result in any of the following: (i) loss or damage to the Facility and/or the Company's system, (ii) disruption of generation by the Facility, (iii) disruption of service or stability on the Company's system, and/or (iv) endangerment to human life or public safety; and/or, (c) any circumstance that requires action by the Company's System Operator to comply with standing NERC regulations or standards, including without limitation actions to respond to, prevent, limit, or manage loss or damage to the Facility, loss or damage to the Company's system, disruption of generation by the Facility, disruption of service on the Company's system, an abnormal condition on the Company's system, and/or endangerment to human life or safety. An Emergency Condition will be an excuse to QF's performance only if such condition is not due to QF's negligence, willful misconduct, and/or failure to perform as required under this Agreement. 2.6. 23—"Execution Date" means the date on which the Co y-Pafies executes this Agreement. 23. 2:6-7acility" means all equipment used to produce electrical output- and, for a cogeneration facility, used to produce useful thermal energy through the sequential use of energy. 2.8. 2.—"Facilities Study" means a written cost estimate of all the required materials and labor to complete the interconnection of the Facility with the Company's electrical system, and an estimate of the date by which construction of the interconnection will be completed. 2.9. 2$ --"Feasibility Study" means a review of the alternatives and operational requirements reasonably available to interconnect the Facility to the Company's electric system and identification of a feasible interconnection alternative. 2.10.2:4—"Indemnified Party" has the meaning assigned to it in Section 12.1. 2.11.2.1.0")ndemning Party" has the meaning assigned to it in Section 12.2, ISSUED BY: Javier Portuondo, Director. Rates 8 Regulatory Strategy - FL EFFECTIVE October -14.2036 ORDER NO. PSC -2017 -0336 -PAA -EQ DOCKET NO. 20170072 -EQ PAGE 90 Attachment A �b RELY. ENERGY. SECTION No. IX FIRST-SECOND REVISED SHEET No. 9.701 CANCELS FIRST REVISED SHEET No. 9.701 2:12.2.1-1= `Interconnection Costs" means the actual costs incurred by the Company under this Agreement and for the Company's Interconnection Facilities, including, without limitation, the cost of equipment, engineering, communication, labor, and operations, maintenance, and administrative activities. ISSUED BY: Jester Portuondo, Director. Rates 6 Regulatory Strategy - FL EFFECTIVE: As or -i1, 2016 ORDER NO. PSC -2017 -0336 -PAA -EQ DOCKET NO. 20170072 -EQ PAGE 91 Attachment A DUKE ENERGY. SECTION No. IX FIRST-SECOND REVISED SHEET No. 9.702 CANCELS FIRST REVISED SHEET No. 9.702 2.13.22"Interconnection Costs Offset" means the estimated costs included in the Interconnection Costs that the Company would have incurred if it were not purchasing electric energy from the Facility but instead would have provided electrical service to the Facility as if it were a non -generating customers. 2.14.2-13 "Interconnection Request Application" means a form used to provide the Company with the information required to study an interconnection request. 2.15.;1-14= `Part(v1(iesl" means the Company or/and the QF. 2.16.24x—"Point of Delivery" means the point(s) on the Company's side of the electrical system where electric energy generated exclusively by the Facility is delivered into the Company system pursuant to this Agreement. 2.17.—"Point of Metering" means the point(s) where electric energy made available for delivery to the Company, subject to adjustment for losses to the Point of Delivery that are the sole responsibility of the QF, is measured. 2.18.247—"Power Purchase Agreement" means either the (i) Agreement for Purchase of As - Available Energy, (ii) the Standard Offer Contract for the Purchase of Firm Capacity and Energy from a Renewable Energy Producer or a Qualifying Facility less than 100 kW or (iii) a negotiated contract based upon (i) or (ii). 2.19. 248—"Oualifying Facility" or "QF" means a facility that meets the requirements defined in FPSC Rule 25-17.080. For the purposes of this Agreement only, a Distributed Resource as defined in the Institute of Electrical and Electronics Engineers ("IEEE") Standard 1547 for Interconnecting Distributed Resources with Electric Power Systems, as they may be amended from time to time, will be deemed to be a QF, consistent with the Stipulation approved by the Florida Public Service Commission in Order No. PSC- 06-0707-PAA-EI, SG06-0707-PAA-EI, issued August 18, 2006 in Docket No. 060410 -EI. 2.20.249—"QF Insurance" has the meaning assigned to it in Section 13.1. ISSUED BY: Javier Portuoodo, Director. Rates & Regulatory Strategy - FL EFFECTIVE October44,3848 ORDER NO. PSC -2017 -0336 -PAA -EQ DOCKET NO. 20170072 -EQ PAGE 92 Attachment A c FITLY. ENERGY. SECTION No. IX FIRST -,SECOND REVISED SHEET No. 9.702 CANCELS FIRST REVISED SHEET No. 9.702 2.21. 2720—"System Impact Study" means a preliminary written cost estimate of all the Company's Interconnection Facilities, including without limitation, required materials and labor to complete the interconnection and a preliminary estimate of the date by which construction of the interconnection will be completed. ISSUED BY: Javier Portuondo, Director, Rates 8 Regulatory Strategy • FL EFFECTIVE: 0ctober.-144046 ORDER NO. PSC -2017 -0336 -PAA -EQ DOCKET NO. 20170072 -EQ PAGE 93 Attachment A b DUKE ENERGY° SECTION No. IX SGEOND- HIRD REVISED SHEET No. 9.703 CANCELS SECOND REVISED SHEET No. 9.703 3.0 3:0 -Submission of Plans and Development of Interconnection Schedules and Cost Estimates 3.1. 3.1 No later than sixty (60) days after the Execution Date, the QF shall specify the date it desires the Company's Interconnection Facilities to be available for receipt of the electric energy and shall complete and submit, along with a deposit to cover Company's costs to perform interconnection studies, an Interconnection Request Application, to the Company. At such time, the QF shall deliver to the Company the Facility's preliminary design, engineering, and operational specifications for purposes of interconnecting with Company's system. Based upon the information provided, the Company shall consider the reasonable alternatives available to interconnect the QF in a Feasibility Study within sixty (60) dans after all information requested by the Company is provided by the OF. 3.2. The QF shall, within thirty (30) days from receipt of the Feasibility Study, send written notification to the Company as to whether or not it will continue the Facility to the next study phase. The Company will consider no response as OF's withdrawal of the Facility from further consideration. No more than thirty (30) dans following receipt of such notice. The -the Company and the QF shall meet and discuss interconnection alternatives and the QF's reasonable preference for interconnecting the Facility to the Company's electrical system. Once the QF has communicated a reasonable- interconnection preference, the Company shall develop in a System Impact Study preliminary written Interconnection Costs and scheduling estimates for the Company's Interconnection Facilities within sixty (60) days after all information requested by the Company is provided by the QF. The schedule developed hereunder will indicate when the QF's final electrical plans must be submitted to the Company pursuant to sectien-Section 3.2-3 hereof. 3.3. 3 --The OF shall, within thirty (30) dans from receipt of the System Impact Study, send written notification to the Company as to whether or not it will continue the Facility to the next study phase. The Company will consider no response as OF's withdrawal of the Facility from further consideration. The -Along with such notification, the QF shall submit the Facility's final design, engineering, and operational specifications and all revisions to the information previously submitted under section -Section 3.1 hereof to the Company no later than the date specified pursuant toSection 3.1 hereof, unless such date is modified in the Company's sole discretion. Based upon the information provided and within sixty (60) days after the information is provided, the Company shall update its written Interconnection Costs and schedule estimates, provide the estimated time period required for construction of the Company's Interconnection Facilities, and specify the date by which the Company must receive notice from the QF ISSUED BY: Javier Portuondo. Director. Rates & Regulatory Strategy - FL EFFECTIVE:October-434M ORDER NO. PSC -2017 -0336 -PAA -EQ DOCKET NO. 20170072 -EQ PAGE 94 Attachment A tat)DUENERKE GY° SECTION No. IX SECOND-THIRD REVISED SHEET No. 9.703 CANCELS SECOND REVISED SHEET No. 9.703 to initiate construction, which date shall, to the extent practical, be consistent with the QF's schedule for delivery of energy into the Company's system in a Facilities Study. ISSUED BY: Javier Poduondo, Director, Rates & Regulatory Strategy - FL EFFECTIVE October 44r2046 ORDER NO. PSC -2017 -0336 -PAA -EQ DOCKET NO. 20170072 -EQ PAGE 95 Attachment A titN DUKE ENERGY° No. 9.104 The OF shalt, within one hundred eighty (180) days from receipt of the Facilities Study, send written notification to the Company as to whether or not it will initiate construction of the Facility. The Company will consider no response as OF's withdrawal of the Facility from further consideration. The final electrical plans shall include the following information, unless all or a portion of such information is waived by the Company in its discretion: SECTION No. IX SECOND-THIRD REVISED SHEET No. 9.793104 CANCELS RR$T—SECOND REVISED SHEET a. 4 ---Physical layout drawings, including dimensions; b_b—All associated equipment specifications and characteristics including technical parameters, ratings, basic impulse levels, electrical main one -line diagrams, schematic diagrams, system protections, frequency, voltage, current and interconnection distance; c_e.—Functional and logic diagrams, control and meter diagrams, conductor sizes and length, and any other relevant data which might be necessary to understand the Facility's proposed system and to be able to make a coordinated system; d_d—Power requirements in watts and vars; e. 4 ---Expected radio -noise, harmonic generation and telephone interference factor, f. fes—Synchronizing methods; g„ _1k—facility operating/instruction manuals; and h_h—The maximum amount of energy anticipated to be delivered to the Company. ISSUED BY: Javier Raimondo, Director. Rates & Regulatory Strategy - FL EFFECTIVE Octobes43r2646 ORDER NO. PSC -2017 -0336 -PAA -EQ DOCKET NO. 20170072 -EQ PAGE 96 Attachment A �� DUKE ENERGY. SECTION No. IX SECOND-THIRD REVISED SHEET No. 9.703l 4 CANCELS FIRST—SECOND REVISED SHEET No. 9.704 The final design specification documents delivered by the QF shall be labeled as "FINAL", and shall be signed, sealed, and dated by a licensed Florida Professional Engineer for purposes of establishing the final design submitted by the QF based on • which Company will determine impacts to its system and construct interconnection facilities for the QF to interconnect with the system. 3.4. 3.3 --Any subsequent change in the final electrical plans shall be submitted to the Company and the QF understands and agrees that any such changes could affect the Company's schedules and Interconnection Costs as previously estimated. The QF understands that any changes in system design after the "FINAL" design is submitted shall be deemed as material or significant design changes by the QF and may result in Company terminating this Agreement and re -starting the interconnection process, as may be determined by the Company in its sole discretion. The QF shall be responsible for all costs incurred by Company as a result of any modifications to the "FINAL" design. ISSUED BY: Jester Portuondo, °tractor, Rates & Regulatory Strategy - FL EFFECTIVE: Octobos44n3016 ORDER NO. PSC -2017 -0336 -PAA -EQ DOCKET NO. 20170072 -EQ PAGE 97 Attachment A 4", DUKE ENENo. 9.RGY° 7Q5 3.5. 3:4—Without limiting the QF's responsibility to pay for all costs under this Agreement, the QF understands and agrees that the QF shall pay the actual costs incurred by the Company to develop all estimates pursuant to sestiea-Sections 3.1 and—through 3.2-3 hereof and to evaluate any changes proposed by the QF as a result of the final design specifications. The Company will issue an adjusted bill reflecting actual costs following completion of the cost estimates. SECTION No. IX SECOND-THIRD REVISED SHEET No. 9.7O3ZQ§ CANCELS FIRST ,4ECOND REVISED SHEET 3.6. 3.5 The Parties agree that any cost or scheduling estimates provided by the Company hereunder shall be prepared in good faith but shall not be binding. The Company may modify such schedules as necessary to accommodate contingencies that affect the Company's ability to initiate or complete the Company's Interconnection Facilities and actual costs will be used as the basis for all fmal charges hereunder. 3.7. 3.6—All studies required for interconnection and the construction of any interconnection facilities required shall be placed in the queue in a non-discriminatory and non -preferential manner relative to any other interconnection requests so that Company can process all interconnection requests to the Company's system in accordance with the Company's current practices and operational procedures. 3.8. The Company reserves the right to perform static and dynamic tests, incorporating the Facility in the Company's models, that may limit/reduce the amount ofphvsical capacity that OF can interconnect at Facility. In such case. the Company will report the limitation to the QF who may then decide to adiust its capacity level for the next level of study. 3.9. The Company will consider failure by the QF to meet any of the schedule deadlines herein as a withdrawal of the Facility from further consideration. ISSUED BY: Javier Pordmndo, Meter, Rates & Regulatory Strategy -FL EFFECTIVE: October -44,2046 ORDER NO. PSC -2017 -0336 -PAA -EQ DOCKET NO. 20170072 -EQ PAGE 98 Attachment A (� DUKE ENERGY. No. aloe 4_0 4:0–Payment Obligations for Interconnection Costs: SECTION No. IX MCA/ND-THIRD REVISED SHEET No. 9.705Z11 CANCELS FIRST -,SECOND REVISED SHEET 4.1. 4.1=The Company shall have no obligation to initiate construction of the Company's Interconnection Facilities prior to a written notice from the QF agreeing to the Company's interconnection design requirements and notifying the Company to initiate its activities to construct the Company's Interconnection Facilities; provided, however, that such notice shall be received not later than the date specified by the Company under Section 3:2 hereof. The QF shall be liable for and agrees to pay all Interconnection Costs incurred by the Company. 4/. 4.2 The QF agrees to pay all of the Company's actual Interconnection Costs as such costs are incurred and billed in accordance with the Power Purchase Agreement, if applicable.– Such amounts shall be billed pursuant to seetien-Section 4.2.1 if the QF elects the payment option permitted by FPSC Rule 25-17.087(3). Otherwise the QF shall be billed pursuant to sestien-Section 4.2.2. If the QF does not have a Power Purchase Agreement for the Facility, then the QF agrees to pay the amounts billed by Company within thirty (30) days after Company notifies the QF that such interconnection work has been completed. 4.2.1. -44A—Upon a showing of credit worthiness, the QF shall have the option of making monthly installment payments for Interconnection Costs over a period no longer than thirty–six (36) months. The period selected is months. Principal payments will be based on the estimated Interconnection Costs less the Interconnection Costs Offset, divided by the repayment period in months to determine the monthly principal payment. Payments will be invoiced in the first month following first incurrence of Interconnection Costs by the Company. Invoices to the QF will include principal payments plus interest on the unpaid balance, if any, calculated at a rate equal to the thirty (30) day highest grade commercial paper rate as published in the Wali Street Journal on the first business day of each month. The final payment or payments will be adjusted to cause the sum of principal payments to equal the actual Interconnection Costs. 4.2/. 4.2.2 When Interconnection Costs are incurred by the Company, such costs will be billed to the QF to the extent that they exceed the Interconnection Costs Offset. The QF agrees to provide, at least fifteen (15) calendar days before the initiation of interconnection field work, cash or a letter of credit as adequate assurances, in a form acceptable to Company in its sole discretion, to cover the estimated Interconnection Costs. ISSUED BY: Javier Portuondo, Director, Rates & Regulatory Strategy -FL EFFECTIVE: October44,2838 ORDER NO. PSC -2017 -0336 -PAA -EQ DOCKET NO. 20170072 -EQ PAGE 99 Attachment A DU ENERKE GY. SECTION No. IX SECOND-THIRD REVISED SHEET No. a OS CANCELS FIRST—SECOND REVISED SHEET No. 9.Za 4.3. 1.3 If the QF notifies the Company in writing to interrupt or cease interconnection work at any time and for any reason, the QF shall nonetheless be obligated to pay the Company for all costs incurred in connection with the Company's Interconnection Facilities through the date of such notification and for all additional costs for which the Company is responsible pursuant to binding contracts with third parties. ISSUED BY: Javier Portuondo, Director. Rates 8 Regulatory Strategy - FL EFFECTIVE: October -14,-2046 ORDER NO. PSC -2017 -0336 -PAA -EQ DOCKET NO. 20170072 -EQ PAGE 100 Attachment A 44?) DUKE ENERGY. SECTION No. IX S6GONQ-T11;RD REVISED SHEET No. 9.7091 CANCELS FIRST—SECOND REVISED SHEET No. 9.707 5_0 3,0 -Payment Obligation for Operation, Maintenance and Repair of the Company's Interconnection Facilities - 5.1. The QF shall be billed monthly for the costs associated with the operation, maintenance, and repair of the interconnection: These include (a) the Company's inspections of the interconnection and (b) maintenance of any equipment beyond that which would be required to provide normal electric service to the Qualifying Facility if no sales to the Company were involved. 5.2. The QF shall pay a monthly charge equal to 0.50% of the Interconnection Costs less the Interconnection Costs Offset. 6_0 6,0 -Schematic Diagram 6.1. Exhibit B-1, attached hereto and made a part hereof, is a schematic diagram showing the major circuit components connecting the Facility and -with the Company's (substation]electrical system and showing the Point of Delivery and the Point of Metering and/or Point of Ownership, if different. All switch number designations initially leR blank on Exhibit B-1 will be inserted by the Company on or before the date on which the Facility first operates in parallel with the Company's system. 7_0 3:8 -Operating Standards 7.1. 3 -1 --The QF and the Company will independently provide for the safe operation of their respective facilities, including periods during which the other Party's facilities are unexpectedly energized or de -energized. 7.2. 7,2—The QF shall reduce, curtail, or interrupt electrical generation or take other appropriate action for so long as it is reasonably necessary, which in the judgment of the QF or the Company may be necessary to operate and maintain a part of either Party's system, to address, if applicable, an Emergency Condition on either Party's system. The QF shall also reduce, curtail, or interrupt electrical generation during the situations defined in Rule 25-17.086, F.A.C. ISSUED BY: Javier Portuondo, Director, Rates & Regulatory Strategy - FL EFFECTIVE October -144016 ORDER NO. PSC -2017 -0336 -PAA -EQ DOCKET NO. 20170072 -EQ PAGE 101 Attachment A reiN DUKE ENERGY. No. 9.70Z SECTION No. IX SECOND-THIRD REVISED SHEET No. 9.7082 CANCELS SECOND REVISED SHEET 7.3. 7.3 The operation and net energy deliveries to the Company from the QF shall not exceed the amount studied and approved by the Company's pursuant to the studies performed under this Agreement. ISSUED BY: Javier Po tuondo Director. Rates a Regulatory Strategy - Ft. EFFECTIVE: OctoboM4 ORDER NO. PSC -2017 -0336 -PAA -EQ DOCKET NO. 20170072 -EQ PAGE 102 Attachment A f�DUKE SECTION No. IX ENERGY. CES EET SECANCR S ECPIRO ONDREEVIO SHEET No. 8.708 7.4. 7:4 -The QF shall not operate the Facility's electric generation equipment in parallel with the Company's system without prior written consent of the Company. Such consent shall not be given until the QF has satisfied all criteria under the Power Purchase Agreement, if applicable and has: (i) (i)—submitted to and received consent from the Company of its as -built electrical specifications; (ii) (ii) demonstrated to the Company's satisfaction that the Facility is in compliance with the insurance requirements of the Power Purchase Agreement, if applicable; and (iii) (iii) demonstrated to the Company's satisfaction that the Facility is in compliance with all regulations, rules, orders, or decisions of any governmental or regulatory authority having jurisdiction over the Facility's generating equipment or the operation of such equipment. 73. 75Any proposed modifications to the electrical equipment of the Facility will be submitted to the Company for approval. It is further understood that the scope of some modifications may require new interconnection studies that will result in additional interconnections costs along with other costs detailed in Section 5 of the Agreement, and such costs shall be the sole responsibility of the QF. After any approved Facility modifications are completed, the QF shall not resume parallel operation with the Company's system until the QF has demonstrated that it is in compliance with all the requirements of section -Section 8.2 hereof. 7.6. 7:6 --The QF shall be responsible for coordination and synchronization of the Facility's equipment with the Company's electrical system, and assumes all responsibility for damage that may occur from improper coordination or synchronization of the generator with the utility's system. 7.7..7 The Company shall have the right to open and lock, with a Company padlock, manual disconnect switch numbers(s) and isolate the Facility's generation system without prior notice to the QF. To the extent practicable, however, prior notice shall be given. Any of the following conditions shall be cause for disconnection: ISSUED BY: Javier Portuondo, Director, Rates a Regulatory Strategy - FL EFFECTIVE: Qc ober43,26i6 ORDER NO. PSC -2017 -0336 -PAA -EQ DOCKET NO. 20170072 -EQ PAGE 103 Attachment A (k DUKE ENERGY° No. 9.7O SECTION No. IX SECOND-THIR REVISED SHEET No. 9.7074 CANCELS FIRS -SECOND REVISED SHEET 1. -Emergency Conditions and/or maintenance repair and construction requirements; 2. 2. hazardous conditions existing on the Facility's generating or protective equipment as determined by the Company; 3. 3: --adverse effects of the Facility's generation to the Company's other electric consumers and/or system as determined by the Company; 4. 4. --failure of the QF to maintain any required insurance; or ISSUED BY: Javier PoRuond% Ekector. Rates & Regutatory.Stratogy - FL EFFECTIVE: Octobo i8 ORDER NO. PSC -2017 -0336 -PAA -EQ DOCKET NO. 20170072 -EQ PAGE 104 Attachment A ( DUKE ENERGY. No. 970$ SECTION No. IX SECOND-THIRD REVISED SHEET No. 9.708$ CANCELS FIRST—SECOND REVISED SHEET 5. 5. failure of the QF to comply with any existing or future regulations, rules, orders or decisions of any governmental or regulatory authority having jurisdiction over the Facility's electric generating equipment or the operation of such equipment. 7.8. 7. The Facility's electric generation equipment shall not be operated in parallel with the Company's system when auxiliary power is being provided from a source other than the Facility's electric generation equipment. 7.9. 7.9 Neither Party shall operate switching devices owned by the other Party, except that the Company may open the manual disconnect switch number(s) owned by the QF pursuant to seetie:rSection 7.7 hereof. 7.10.7.10 Should one Party desire to change the operating position of a switching device owned by the other Party, the following procedures shall be followed: f it (i)—The Party requesting the switching change shall orally agree with an authorized representative of the other Party regarding which switch or switches are to be operated, the requested position of each switching device, and when each switch is to be operated. iii) (ii)—The Party performing the requested switching shall notify the requesting Party when the requested switching change has been completed. (iii) (iii)—Neither Party shall rely solely on the other party's switching device to provide electrical isolation necessary for personnel safety. Each Party will perform work on its side of the Point of Ownership as if its facilities are energized or test for voltage and install grounds prior to beginning work. (iv) (-iv)—Each Party shall be responsible for returning its facilities to approved operating conditions, including removal of grounds, prior to the Company authorizing the restoration of parallel operation. ISSUED BY: Javier Poituondo, Director, Rates & Regulatory Strategy - Ft. EFFECTIVE October -432016 ORDER NO. PSC -2017 -0336 -PAA -EQ DOCKET NO. 20170072 -EQ PAGE 105 Attachment A (� DUKE ENER0GY. No. 9.7 SECTION No. IX SECOND-THIRD REVISED SHEET No. 9.708$ CANCELS FIS -SECOND REVISED SHEET (v) (y) The Company shall install one or more red tags on all open switches. Only Company personnel on the Company's switching and tagging list shall remove and/or close any switch bearing a Company red tag under any circumstances. 7.11.7.11 Should any essential protective equipment fail or be removed from service for maintenance or construction requirements, the Facility's electric generation equipment shall be disconnected from the Company's system. To accomplish this disconnection, the QF shall either (i) open the generator breaker number(s) ; or (ii) open the manual disconnect switch number(s) ISSUED BY: Javier Portuondo, Director. Rates & Regulatory Strategy - FL EFFECTIVE: OctobeM4, 2036 ORDER NO. PSC -2017 -0336 -PAA -EQ DOCKET NO. 20170072 -EQ PAGE 106 Attachment A ts DUKE ENERGY SECTION No. IX SECOND-THIRD REVISED SHEET No. 9.2097.12 CANCELS RRST-SECOND REVISED SHEET No. 9.710 7.11.1. 7,4 -14 -If the QF elects option (i), the breaker assembly shall be opened and drawn out by QF personnel. As promptly as practicable, Company personnel shall install a Company padlock and a red tag on the breaker enclosure door. 7.11.2. 7.11.2 If the QF elects option (ii), the switch shall be opened by QF personnel or by Company personnel and, as promptly as practicable, Company personnel will install a Company padlock and a red tag. 8_0 &O. -Inspection and Testing 8.1. 84—The inspection and testing of all electrical relays governing the operation of the generator's circuit breaker shall be performed in accordance with manufacturer's recommendations, but in no case less than once every 12 months. This inspection and testing shall include, but not be limited to, the following: (i) (i) etectrical checks on all relays and verification of settings electrically; (ii) (ii) cleaning of all contacts; (iiil (iii) complete testing of tripping mechanisms for correct operating sequence and proper time intervals; and (iv) (ivy -visual inspection of the general condition of the relays. 8.2. 8.2—In the event that any essential relay or protective equipment is found to be inoperative or in need of repair, the QF shall notify the Company of the problem and cease parallel operation of the generator until repairs or replacements have been made. The QF shall be responsible for maintaining records of all inspections and repairs and shall make said records available to the Company upon request. ISSUED BY: Javier Portuondo, Director, Rates 8 Regulatory Strategy - FL EFFECTIVE: October -44,2046 ORDER NO. PSC -2017 -0336 -PAA -EQ DOCKET NO. 20170072 -EQ PAGE 107 Attachment A :1 DUKE ENERGY. No. 9.710 8.3. 84—The Company shall have the right to operate and test any of the Facility's protective equipment to assure accuracy and proper operation. This testing shall not relieve the QF of the responsibility to assure proper operation of its equipment and to perform routine maintenance and testing. SECTION No. IX SECOND THIRD REVISED SHEET No. ETBSZIQ CANCELS FIRST-SECOND REVISED SHEET ISSUED BY: Javier Patuottd°. Olreetor. Rates 8 Regulatory Strategy - FL EFFECTIVE WebeF44,2M ORDER NO. PSC -2017 -0336 -PAA -EQ DOCKET NO. 20170072 -EQ PAGE 108 Attachment A tDUKEENERGY. No. 9.7110 2,k9,0–Notification SECTION No. IX FIRST-SECOND REVISED SHEET No. 9.7116 CANCELS ORIGWWI,-FIRST REVISED SHEET 9A. 9.1 Communications made for emergency or operational reasons may be made to the following persons and shall thereafter be confirmed promptly in writing: To The Company: ,System Dispatcher on Duty Title: S tem Dispatcher Telephone: (72713847211 Facsimile: 8271384-7865 To The OF: Title: Telephone: Facsimile: To The Company: System Dispatcher on Duty Tcicphone: £7271351 7211 Telocopier: ( )381 7865o Tho QF: Name: Title Telephone: 9.2. 9:2—Each Party shall provide as much notification as practicable to the other Party regarding planned outages of equipment that may affect the other Party's operation. 9.3. Communication for contract administrative purposes may be made to the following persons: To The Company: Title: Wholesale/Renewable Manager Address: 299 First Avenue North Mail Code FL -155 St Petersburg, FL 33701 ISSUED BY: Javier Portuondo, Motor, Rates 88 Regulatory Strategy - FL EFFECTIVE: Oc*obor4r2878 71E INFORMATIONAL INDIAN RIVER COUNTY INTER-OFFICE MEMORANDUM OFFICE OF MANAGEMENT AND BUDGET TO: Members of the Board of County Commissioners DATE: August 31, 2017 FROM: Michael Smykowski Director, Office of Management& Budget SUBJECT: UPDATE ON ALL ABOARD FLNERO ELECTRIC EXPENSES DESCRIPTION Staff is providing an update to the Board of County Commissioners on actual expenses for All Aboard Florida and Vero Electric/FMPA issues. Please see the attached documents for expenses incurred as of 8/31/17. ATTACHED: • All Aboard FL expenses through 8/31/17 spreadsheet. • Vero Beach Electric/FPL/FMPA expenses through 8/31/17 spreadsheet. P1 All Aboard Florida Expenses Indian River County Board approved expenses of$186,921 prior to 3/24/15 autorization 3/24/15 Litigation-Board Approved a total of$2.7 million FY 14/15-16/17 in addition to prior authorizations Acct#00110214-033110-15023 Legal Services • Date Vendor Amount Note 5/15/2017 Bryan Cave LLP $5,893.00 Fees for Legal Services-June 2017 7/17/2017 Bryan Cave LLP $20,729.17 Fees for Legal Services-May 2017 private activity bonds 7/17/2017 Bryan Cave LLP $1,551.00 Fees for Legal Services-May 2017 6/13/2017 Bryan Cave LLP $823.50 Fees for Legal Services-April 2017 5/12/2017 Bryan Cave LLP $2,608.50 Fees for Legal Services-March 2017 5/12/2017 Bryan Cave LLP $77.02 Fees for Legal Service-March 2017 private activity bonds 4/10/2017 Bryan Cave LLP $3,385.90 Fees for Legal Services-Feb 2017 4/10/2017 Bryan Cave LLP $375.00 Fees for Legal Services-Feb 2017 private activity bonds 3/8/2017 Bryan Cave LLP $11,097.20 Fees for Legal Services-Jan 2017 3/8/2017 Bryan Cave LLP $14,886.78 Fees for Legal Services-Jan 2017 private activity bonds 2/20/2017 Bryan Cave LLP $342.50 Fees for Legal Services-Dec 2016 2/20/2017 Bryan Cave LLP $53,720.93 Fees for Legal Services-Dec 2016 private activity bonds 1/24/2017 Shubin&Bass PAS $4,795.00 Fees for Legal Services-Nov 2016 1/17/2017 Bryan Cave LLP $534.50 Fees for Legal Services-Nov 2016 1/17/2017 Bryan Cave LLP $15,931.78 Fees for Legal Services-Nov 2016-private activity bonds 12/1/2016 Bryan Cave LLP $1,722.50 Fees for Legal Services-Oct 2016 12/1/2016 Bryan Cave LLP $16,457.70 Fees for Legal Services-Oct 2016-private activity bonds 12/1/2016 Shubin&Bass PAS $9,387.20 Fees for Legal Services-Oct 2016 Subtotal Expenses FY 16/17 $164,319.18 9/30/2016 Bryan Cave LLP $5,060.15 Fees for Legal Services-Sept 2016 9/30/2016 Bryan Cave LLP $46,369.62 Fees for Legal Services-Sept 2016-private activity bonds 9/30/2016 Bryan Cave LLP $20,358.95 Fees for Legal Services-Aug 2016 9/30/2016 Bryan Cave LLP $8,496.08 Fees for Legal Services-Aug 2016-private activity bonds 9/30/2016 Shubin&Bass PAS $28,277.00 Fees for Legal Services-Sept 2016 9/28/2016 Shubin&Bass PAS $22,949.40 Fees for Legal Services-Aug 2016 9/28/2016 Shubin&Bass PAS $15,581.00 Fees for Legal Services-July 2016 9/14/2016 Bryan Cave LLP $14,149.70 Fees for Legal Services-July 2016 9/14/2016 Bryan Cave LLP $3,457.13 Fees for Legal Services-July 2016-private activity bonds 8/16/2016 Bryan Cave LLP $72,430.59 Fees for Legal Services-June 2016-private activity bonds 8/16/2016 Bryan Cave LLP $1,754.00 Fees for Legal Services-June 2016 7/27/2016 Shubin&Bass PAS $17,550.50 Fees for Legal Services-June 2016 7/19/2016 Bryan Cave LLP $3,561.50 Fees for Legal Services-May 2016 7/19/2016 Bryan Cave LLP $9,255.65 Fees for Legal Services-May 2016-private activity bonds 6/21/2016 Shubin&Bass PAS $11,591.49 Fees for Legal Services-May 2016 6/14/2016 Bryan Cave LLP $27,804.30 Fees for Legal Services-April 2016 6/14/2016 Bryan Cave LLP $386.10 Fees for Legal Services-April 2016-private activity bonds 5/24/2016 Shubin&Bass PAS $29,983.35 Fees for Legal Services-April 2016 5/3/2016 Shubin&Bass PAS $21,968.25 Fees for Legal Services-March 2016 4/19/2016 Bryan Cave LLP $19,845.75 Fees for Legal Services-March 2016 4/19/2016 Bryan Cave LLP $128,696.58 Fees for Legal Services-March 2016-private activity bonds 4/6/2016 Bryan Cave LLP $112,572.86 Fees for Legal Services-Feb 2016-private activity bonds 4/6/2016 Nabors&Giblin $150.00 Fees for Legal Services-August 2015 3/30/2016 Shubin&Bass PAS $7,575.75 Fees for Legal Services-Feb 2016 3/16/2016 Bryan Cave LLP $31,795.61 Fees for Legal Service-Jan 2016-private activity bonds 3/16/2016 Bryan Cave LLP $22,207.65 Fees for Legal Services-Jan 2016 2/9/2016 Bryan Cave LLP $16,410.09 Fees for Legal Service-Dec 2015 private activity bonds 2/9/2016 Bryan Cave LLP $6,767.90 Fees for Legal Service-Dec 2015 1/20/2016 Bryan Cave LLP $50,663.10 Fees for Legal Service-Nov 2015 private activity bonds 1/20/2016 Bryan Cave LLP $20,948.09 Fees for Legal Services Nov 2015 12/8/2015 Bryan Cave LLP $27,303.95 Fees for Legal Services Oct 2015 12/8/2015 Bryan Cave LLP $1,245.06 Fees for Legal Services-Oct 2015 private activity bonds Subtotal Expenses FY 15/16 $807,167.15 9/30/2015 Bryan Cave LLP $54,812.80 Fees for Legal Services Sept 2015 9/30/2015 Bryan Cave LLP $7,113.36 Fees for Legal Services-Sept 2015 private activity bonds 9/30/2015 Bryan Cave LLP $81,436.99 Fees for Legal Services-Aug 2015 9/30/2015 Bryan Cave LLP $55,354.02 Fees for Legal Services-Aug 2015 private activity bonds 8/28/2015 Bryan Cave LLP $51,636.09 Fees for Legal Services-July 2015 private activity bonds 8/28/2015 Bryan Cave LLP $6,307.05 Fees for Legal Services-July 2015 F:\Budget\All Aboard FL Expenses P2 All Aboard Florida Expenses Indian River County 8/12/2015 Bryan Cave LLP $50,710.86 Fees for Legal Services-June 2015 private activity bonds 8/12/2015 Bryan Cave LLP $37,687.25 Fees for Legal Services-June 2015 7/1/2015 Bryan Cave LLP $178,503.50 Fees for Legal Services-May 2015 private activity bonds 7/1/2015 Bryan Cave LLP $37,048.25 Fees for Legal Services-May 2015 7/2/2015 Bryan Cave LLP $177,071.70 Fees for Legal Services-April 2015 7/1/2015 Bryan Cave LLP, $28,871.78 Fees for Legal Services-April 2015 private activity bonds 6/18/2015 Nabors Giblin&Nickerson PA ($250.00) Martin county paid 1/2 5/20/2015 Nabors Giblin&Nickerson PA $500.00 Fees for Legal Services 05/12/15 Bryan Cave LLP $28,877.05 Fees for Legal Services 05/12/15 Bryan Cave LLP $145,105.00 Fees for Legal Services 04/20/15 Bryan Cave LLP $4,107.50 Fees for Legal Services 3/24/15 Nabors Giblin&Nickerson PA* $617.49 IRC 1/3 Portion of Legal Fees 2/24/15 Nabors Giblin&Nickerson PA` $5,593.56 IRC 1/3 Portion of Legal Fees 12/22/14 Bryan Cave LLP $33,252.60 Fees for Legal Services 12/10/14 Bryan Cave LLP $79,962.30 Fees for Legal Services Subtotal Expenses FY 14/15 $1,064,319.15 9/30/14 Bryan Cave LLP ry $26,975.60 Fees for Legal Services 9/30/14 Bryan Cave LLP $638.70 Fees for Legal Services 9/17/14 Bryan Cave LLP $937.50 Fees for Legal Services Subtotal Expenses FY 13/14 $28,551.80 'Split between St.Lucie,Indian River,and Martin Counties Acct#00110214-033190-15023 Other Professional Services 4/28/2017 Martin County 50%reimbursement -$3,380.35 50%reimbursement 4/18/2017 Triad Railroad Consultants $6,760.69 Expert Witness 2/20/2017 Atkins North America,lnc. $1,607.00 Drainage Reports&calculations 1/24/2017 Triad Railroad Consulants $13,396.11 12/1/2016 VB Court Reporters $300.00 St Johns Admin Hearing • 12/1/2016 Scripps $95.70 Legal Advertising Subtotal Expenses FY 16/17 $18,779.15 9/30/2016 GK Environmental $5,580.00 9/30/2016 Triad Railroad Consulants $24,758.59 Review AAF 90%&plans 9/30/2016 Atkins North America,lnc. $20,782.50 Drainage Reports&calculations 9/30/2016 Federal Express $8.18 8/5/2016 GK Environmental $2,040.00 7/12/2016 Dylan Reingold-travel to Wash DC $928.37 AAF Hearing 6/1/2016 US Legal Support Inc. $160.80 AAF Hearing Certified Transcriber 5/23/2016 Federal Express $6.10 Shipping 5/11/2016 GK Environmental $6,000.00 Prelim wetland determination 4/19/16 GK Environmental $1,875.00 Prelim wetland determination • 1/26/2016 Federal Express $6.85 Shipping 1/25/2016 VB Court Reporting $417.50 IRC vs Rogoff Subtotal Expenses FY 15/16 $62,563.89 9/30/2015 Dyland Reingold $412.00 Reimburse for case filing 9/16/2015 Federal Express $3.92 Shipping 8/25/2015 Railroad Consultant Group $36,053.97 Rail Safety Study 8/25/2015 Railroad Consultant Group $435.00 Rail Safety Study 7/14/2015 Federal Express $6.31 Shipping 7/2/2015 William M Sampson $6,875.00 Rail Crossing Analysis 6/16/2015 Federal Express $7.84 Shipping 6/10/2015 Dylan Reingold-travel to Wash DC $446.11 Preliminary Hearing 5/12/2015 Treasury of the United States $570.00 Public Records Subtotal Expenses FY 14/15 $44,810.15 F:\Budget\All Aboard FL Expenses P3 All Aboard Florida Expenses Indian River County Acct#00110214-034020-15023 All Travel 6/28/2017 Kate Cotner-Tag Meeting $60.07 mileage to Cocoa Subtotal Expenses FY 16/17 $60.07 4/20/2016 Dylan Reingold $106.26 Hearing • 4/6/2016 Aloft Hotel $109.00 MHG Tallahasse AL P-Dylan Reingold 12/16/2015 Kimberely Graham $901.76 Fed Railway Assoc.Mtg-Washington DC 12/2/2015 Kate Cotner-FAC Legislative Conference $19.44 Subtotal Expenses FY 15/16 $1,136.46 9/8/2015 Doubletree Orlando $271.36 Orlando-Travel-Fl.Dev.Finance Corp 8/26/2015 Dylan Reingold $75.26 8/26/2015 Kate Cotner ($5.36) Orlando-Tavel-FI Dev.Finance Corp Subtotal Expenses FY 14/15 $341.26 Acct#11124319-033190 Other Professional Services 7/02/15 CDM Smith Inc $23,454.00 Work Order 10 EIS 1/02/15 CDM Smith Inc $6,973.40 Work Order 13 Noise Monitoring 1/02/15 CDM Smith Inc $2,122.50 Work Order 10 EIS 11/26/14 CDM Smith Inc $5,605.00 Work Order 10 EIS 11/21/14 CDM Smith Inc $6,585.80 Work Order 13 Noise Monitoring Subtotal Expenses FY 14/15 $44,740.70 9/30/14 CDM Smith Inc $1,937.00 Work Order 13 Noise Monitoring 9/30/14 CDM Smith Inc $8,077.00 Work Order 10 EIS 8/29/14 CDM Smith Inc $4,135.00 Work Order 10 EIS 8/08/14 CDM Smith Inc $3,125.00 Work Order 10 EIS Subtotal Expenses FY 13/14 $17,274.00 Total Expenses 16/17 $183,158.40 Total Expenses 15/16 $870,867.50 Total Expenses 14/15 $1,154,211.26 Total Expenses 13/14 $45,825.80 Total expenses processed as of 8/31/17 $2,254,062.96 Total Board authorized budget for FY 16/17 $816,015.00 Total Board authorized budget for FY 15/16 $870,868.00 Total Board authorized budget for FY 14/15 $1,154,212.00 Total Board authorized budget for FY 13/14 $45,826.00 Total budgeted 13/14-16/17 $2,886,921.00 Remaining Balance $632,858.04 F:\Budget\AII Aboard FL Expenses P4 Indian River County Vero Beach Electric/Florida Power&Light/FMPA expenses Acct#00410214-033110-15024 Legal Services 2/20/2017 Berger Singerman $880.00 Subtotal Expenses FY 16/17 $880.00 9/30/2016 Berger Singerman $1,072.50 9/20/2016 Berger Singerman $632.50 8/16/2016 Berger Singerman $275.00 7/19/2016 Berger Singerman $275.00 6/14/2016 Berger Singerman $605.00 5/24/2016 Berger Singerman $495.00 5/4/2016 Berger Singerman $1,650.00 2/9/2016 Berger Singerman $1,265.00 1/20/2016 Berger Singerman $11,722.50 12/22/2015 Berger Singerman $15,090.00 12/8/2015 King Reporting&Video $457.75 11/17/2015 Berger Singerman $2,172.50 Subtotal Expenses FY 15/16 $35,712.75 9/30/2015 Berger Singerman $5,462.50 9/21/2015 Berger Singerman $25,370.00 8/18/2015 Berger Singerman $10,150.00 7/22/2015 Berger Singerman $7,855.00 7/1/2015 Berger Singerman $29,622.50 6/3/2015 Nabors Giblin&Nickerson $312.50 5/20/2015 Carolos Alvarez,Esq $1,878.10 4/20/2015 Gonzalez Saggio&Harlan $10,582.50 4/2/2015 Gonzalez Saggio&Harlan $26,713.48 3/23/2015 Gonzalez Saggio&Harlan $10,312.50 3/23/2015 Nabors Giblin&Nickerson $4,161.72 2/2/2015 Gonzalez Saggio&Harlan $22,882.98 1/16/2015 Gonzalez Saggio&Harlan $16,610.00 12/3/2014 Gonzalez Saggio&Harlan $8,824.24 Subtotal Expenses FY 14/15 $180,738.02 9/30/2014 Gonzalez Saggio&Harlan $7,821.90 9/30/2014 Gonzalez Saggio&Harlan $30,144.31 8/15/2014 Gonzalez Saggio&Harlan $12,292.50 7/22/2014 Gonzalez Saggio&Harlan $8,415.00 Subtotal Expenses FY 13/14 $58,673.71 P5 Indian River County Vero Beach Electric/Florida Power&Light/FMPA expenses Acct#00410214-033110-15024 Legal Services Other Prof.Services/Legal Advertising 5/27/2016 RW Wilson&Assoc $4,090.00 4/22/2016 RW Wilson&Assoc $4,090.00 4/8/2016 RW Wilson&Assoc $4,090.00 3/24/2016 RW Wilson&Assoc $4,090.00 3/24/2016 RW Wilson&Assoc $4,090.00 2/9/2016 Federal Express $4.85 1/20/2016 RW Wilson&Assoc $4,090.00 1/8/2016 RW Wilson&Assoc $4,090.00 12/22/2015 RW Wilson&Assoc $4,090.00 Subtotal Expenses FY 15/16 $32,724.85 9/30/2015 RW Wilson&Assoc $4,090.00 9/11/2015 RW Wilson&Assoc $4,090.00 8/14/2015 RW Wilson&Assoc $4,090.00 7/21/2015 Kate Cotner Reimbursement $50.00 7/10/2015 RW Wilson&Assoc $4,090.00 5/26/2015 RW Wilson&Assoc $4,090.00 5/21/2015 Scripps Treasure Coast $71.76 3/4/2015 RB Oppenheim Assoc $4,625.00 2/13/2015 FMPA-copy of audio $119.13 1/16/2015 Scripps Treasure Coast $70.98 11/19/2014 Scripps Treasure Coast $63.96 Subtotal Expenses FY 14/15 $25,450.83 9/30/2014 Scripps Treasure Coast $87.36 9/10/2014 Scripps Treasure Coast $88.92 Subtotal Expenses FY 13/14 $176.28 Travel 3/16/2016 Dylan Reingold-FL Senate Committee mtg $394.25 3/8/2016 Courtyard by Mariott $98.00 1/20/2016 Dylan Reingold-FMPA mtg/Tallahassee $372.39 1/6/2016 Dylan Reingold-FMPA mtg/Tallahassee $149.00 10/12/2015 Dylan Reingold-Joint Legislative mtg/Tallahassee $437.53 Subtotal Expenses FY 15/16 $1,451.17 8/26/2015 Dylan Reingold-FMPA mtg/Tallahassee $75.26 8/26/2015 Kate Cotner-FMPA mtg/Tallahassee $36.00 Subtotal Expenses FY 14/15 $111.26 P6 Indian River County Vero Beach Electric/Florida Power&Light/FMPA expenses Acct#00410214-033110-15024 Legal Services Total expenses FY 16/17 $880.00 Total expenses FY 15/16 $69,888.77 Total expenses FY 14/15 $206,300.11 Total expenses FY 13/14 $58,849.99 Total expenses processed as of 8/31/17 $335,918.87 Budget Authorization Budget 10/1/2016 FY 16/17 Budget $69,789.00 10/1/2015 FY 15/16 Budget $69,889.00 9/15/2015 Legal Services $35,150.00 3/18/2015 Legal Services $130,000.00 5/5/2014 Legal Services $100,000.00 Total Board Authorized Budget $404,828.00 Remaining Balance $68,909.13 P7 c9C• 1 Tyson, Mayor •' • Jason Garicadm ally Manager �r + 13_bit N � 1 eultsva e. ggAga o i 117 & erif CERTIFIED MAIL 7014 3490 0000 3075 8379 912.10 River_County_ _. August 28, 2017 Mr. Jason Brown, County Administrator AUG 3 0 201? Indian River County Office of the 1801 — 27th Street County Administrator Vero Beach, FL 3296o -3365 RE: Voluntary Annexation Dear Mr. rown. Pursuant to F.S. 171.044(3) we are advising you of a voluntary annexation of 9.92 acres, more or less, located at 13875 and 13945 — 89th Street, into the City of Fellsmere on August 17, 2017. There are no residents occupying the property. We are enclosing a copy of the recorded Ordinance outlining the ordinance number, legal description, map with acreage along with and effective date. Should you have any questions or require any additional information please feel free to contact me. Sincerely, on R. Nunemaker ity Manager JRN/d CC: file 22 South Orange Street Fellsmere, Florida 32948-6700 Phone: 772-571-1616 Fax: 772-571-8615 WWD 4-4-17 4-28-17 ORDINANCE No. 2017-19 AN ORDINANCE OF THE CITY OF FELLSMERE, INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR VOLUNTARY ANNEXATION OF TWO PARCELS OF LAND CONSISTING OF 9.92 ACRES MORE OR LESS, LOCATED AT 13875 AND 13945 89T" STREET RESPECTIVELY, SOUTH OF DITCH 18 AND THE GAROFALO TRACT INTO THE CITY OF FELLSMERE; PROVIDING FOR RATIFICATION; PROVIDING FOR LEGAL DESCRIPTION OF THE PROPERTY ANNEXED;PROVIDING FOR REDEFINING THE BOUNDARY OF THE CITY LIMITS; PROVIDING FOR INTERIM LAND USE AND ZONING CLASSIFICATION; PROVIDING FOR FILING WITH THE CLERK OF THE -CIRCUIT COURT, DEPARTMENT OF -STATE AND THE CHIEF ADMINISTRATIVE OFFICER OF INDIAN RIVER COUNTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS AND.PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Gerald W. Renick, as Trustee of the Gerald W. Renick Revocable Trust U/T/A dated sTOctober'21;201 5''(the"Owner"),the Owner of tlie'land described herein,has petitioned the City for voluntary annexation of said land-and due public notice of this action has been given; and WHEREAS, the City Council has determined that the land described herein is substantially contiguous to the present boundary of the City,will not result in the creation of any enclaves and constitutes a reasonably compact addition to the incorporated territory of the City;and WHEREAS, the City Council of the City of Fellsmere, Florida, finds and determines that the annexation of said land is in the best interest of the City. NOW THEREFORE, BE IT ORDAINED BY THE. CITY COUNCIL OF THE CITY OF FELLSMERE, INDIAN RIVER COUNTY, FLORIDA, AS FOLLOWS: SECTION 1. ,RATIFICATION. The above recitals are hereby ratified,confirmed, adopted and incorporated herein as legislative findings of the City Council. SECTION 2. PROPERTY ANNEXED. The following described land being situated in the unincorporated area of Indian River County, State of Florida, is hereby annexed into the City of Fellsmere, Florida: The East Y2 of Tract 1930,of unsurveyed Township 31 South, Range 37 East, as shown on the Plat of FELLSMERE FARMS COMPANY, according to the map or plat thereof, as recorded in Plat Book 2, Pages 1 and 2, of the Public Records of St. Lucie County, Florida; said land now lying and being in Indian River County, Florida;comprising 5.0 acres more or less. Parcel ID No.: 31-37-00-00001-1930-00001.0 The West 1/2 of Tract 1931, of unsurveyed Township 31 South, Range 37 East, as shown on the Plat of FELLSMERE FARMS COMPANY,according to the map or plat thereof, as recorded in Plat Book 2, Pages 1 and 2,of the Public Records of St. Lucie County, Florida; said land now lying and being in Indian River County, Florida; comprising 4.92 acres more or less. Parcel ID No.: 31-37-00-00001-1931-00001.0 The annexed land is also shown on the map attached hereto, as Exhibit "A", and by this reference made a part hereof. 3120170050146 (00058249.DOC.1} --Page 1 of 3— RECORDED IN THE PUBLIC RECORDS OF JEFFREY R SMITH, CLERK OF COURT INDIAN RIVER COUNTY FL BK: 3051 PG: 1622 Page 1 of 10 8252017 2:38 PM . WWD 4-4-17 4-28-17 SECTION 3. BOUNDARY OF CITY LIMITS REDEFINED. On the effective date of this Ordinance,the corporate limits and boundary lines of the City of Fellsmere,Indian River County,Florida,shall be redefined to include therein the above described land. SECTION 4. INTERIM LAND USE AND ZONING CLASSIFICATION. The interim land use and zoning classifications for this property shall be consistent with the provisions of State law. SECTION 5. FILING. Following adoption of this Ordinance,the City Clerk is hereby directed to file a copy with the Clerk of Circuit Court, Indian River County,Florida,the Chief Administrative Officer of Indian River County,Florida and with the Department of State within seven(7)days after adoption. Following adoption of this Ordinance, the City Clerk is hereby directed to file a revision of Article I Boundaries of the City Charter with the Department of State within thirty(30)days after adoption. The City Clerk is also hereby directed to submit within said thirty (30) days a copy of such revision to the Office of Economic and Demographic Research along with a statement specifying the population census effect and the affected land area. SECTION 6. SEVERABILITY. If any section, part of a sentence, phrase or word of this Ordinance is for any reason held to be unconstitutional,inoperative or void,such holdings shall not affect the remaining portions hereof and it shall be construed to have been the legislative intent to pass this Ordinance without such unconstitutional, invalid or inoperative part. SECTION 7. CONFLICTS. All ordinances or parts of ordinances in conflict herewith are repealed to the extent of conflict. SECTION 8. EFFECTIVE DATE. Following its adoption and recordation, including the Annexation Agreement attached hereto as Exhibit"B",signed by the Owner/Developer and any Mortgagee(s), this Ordinance shall become effective. The foregoing Ordinance was moved for ad tion by Council Member 0/. The motion was seconded by Council Member�4i lJ(j),A, and,upon bein put to a vote,the vote was as follows: Mayor, Joel Tyson (,1-,1,d - Council Member Fernando Herrera 4 0- Council Member Gerald J. Piper L. t Council Member Sara J. Savage ..w Council Member Jessica Salgado The Mayor thereupon declared this Ordinance fully passed and adopted this 1D-4 day of autut , 2017. CITY OF FELLSMERE, FLORIDA Jo•I ' son, /or ATTES • Debora C. Krages,CMC, City Clerk (00058249.DOC.I) --Page 2 of 3 (00056725.DOC.I} —Page 3 of 3 >La =NUN NINON ■E■■■i MIIIN ■IIi.•II �.■■u■■■a ■■u■■■1 l 1 II 11 1 1 I11NE ■llm1 - num H 1 11 III I I I 11111 11N1U111 I I Ill 1 1 1 - 1 • m----1" u4 I 111111111I 11 I 1 1 1 III 1 I I I I a A1=11111111/ U III II . I I 1- I 1 l 111111:11r11I 1 I11 1I ' i I1 111 1 N 1 1111111181 ...._ a6uo� l l 1 1 1 1 1 1 11 1 1 1 1 1 I� 1 1 1 \ 1 I is abuoi I ssa�dc ' III ! lilt I I ■1111 ■ I III 1 1 1 III0 1I1I111IIII sue . ■1111$ II �� to j I III 11 I I 1 I I 1 ' IY (\\ 4RI I I I I I n oiIoubor I i_ I .....4m.\ 1 1111■ l I I I S 111 1 1 I 11111 ('1\ \ I 11 mini a`don > 1 1 ,I I I I low \ III 11 1 Q}� ,d p0Jj)f :: II 1 1 1 1 fol 1 1 I 1 d CO 11 1 la I 1 CEO Lill 111_o1 . ,111pIlu�IlIll U111° I . 1 E Q 0 U = 0 S `l) a X I'UOO IOJa)01 >Jo. W a anuany lslbl, louo3 icua}oi Tod ..„,,,_ ... ....... S e.„-:,,,z,„ 1 v y co, �� Z 4-28-17 ANNEXATION AGREEMENT THIS ANNEXATION AGREEMENT, entered into this /7`-i1 day of(, , 2017, between the CITY OF FELLSMERE, FLORIDA, a political subdivision of the State of Florida (hereinafter referred to as "City") and GERALD W. RENICK, Trustee of the Gerald W. Renick Revocable Trust U/T/A dated October 21, 2015 (hereinafter referred to as "Owner/Developer"). RECITALS WHEREAS, Owner/Developer owns property (hereinafter referred to as the "Property") in Indian River County, Florida, as more particularly described in Exhibit "1" attached hereto and incorporated herein by this reference; and WHEREAS, at this time the Owner/Developer has no specific plans to develop the Property and has requested that the Indian River County Comprehensive Plan designation and zoning district classification remain in place on the Property; and WHEREAS, as a part of its plan for annexation, future comprehensive plan amendment and rezoning of the Property, the Owner/Developer and City wish to plan for compatibility with the surrounding area and assure the installation of proper public and private facilities and services; and WHEREAS,the City is authorized to regulate development of the Property. NOW, THEREFORE, for and in consideration of the premise, the annexation of the Property and other good and valuable consideration the receipt and sufficiency of which is hereby acknowledge,the parties agree as follows: 1. The City shall not be required or obligated in any way to pay for, construct or maintain or participate in the construction or 'maintenance of the improvements required by this Agreement, except for maintenance of improvements dedicated to and accepted by the City. The Owner/Developer, its grantees, successors or assigns in interest or an association and/or assigns satisfactory to the City shall be responsible for the perpetual maintenance of all {00058250.DOC.1 } EXHIBIT"B" To ORDINANCE No.2017-19 —Page 1of5 - 4-28-17 improvements not dedicated to and accepted by the City. 2. In connection with its development of the Property, Owner/Developer shall be required to install or have installed by private providers, where applicable, all private utilities (electric, cable, gas), surface water or stormwater management systems, water and wastewater facilities, that relate to the overall development to meet City specifications and determination, concurrency management requirements of the City, County or other regulatory agencies, and the City's Land Development Codes. All utilities shall be underground. 3. The Owner/Developer acknowledges responsibility to obtain all required Federal, State, County and Local permits as may be applicable to the development of the Property. The Owner/Developer shall comply with all regulations and ordinances of the City for the development of the Property. 4. In connection with the development of the Property, the Owner/Developer shall construct both on-site and off-site wastewater collection and force main system facilities per City specifications and determination. Upon request by the City, the Owner/Developer shall dedicate the utility improvements to the City. Any line sizing beyond the level required to support development of the Property shall be constructed by the Owner/Developer with provisions made to allow the Owner/Developer to recover any costs resulting from the upsizing from future developers. The Owner/Developer shall provide permanent standby emergency generators and radio telemetry units with each sewer pump station constructed by the Owner/Developer to serve the development of the Property. 5. All public or private improvements required under the terms of this Agreement or by the City's regulations/codes, shall be constructed at the expense of and by the Owner/Developer as approved by the City. 6. Owner/Developer shall contract for solid waste pick up services to serve the Property at such time it is developed. 7. The Owner/Developer owns land fronting on 89th Street and shall dedicate without compensation one-half (1/2) of land for the ultimate right-of-way for 89th Street as {00058250.DOC.1 } EXHIBIT"B" To ORDINANCE No.2017-19 Page 2 of 5--- 4-28-17 determined by the City when requested by the City. 8. In the event of a violation of any of the provisions contained in this Agreement,the City shall have the right to refuse to issue any Building Permits or Certificates of Occupancy as the case may be for the development of the Property until such violation(s) is/are corrected. This Agreement may also be enforced by all appropriate Sections of the Code of Ordinances and the Land Development Code of the City, as they may be amended, as well as through Code Enforcement action and/or other appropriate legal action. 9. Owner/Developer, upon execution of this Agreement, shall pay to the City the cost of recording Ordinance No. 2017-19 in the Indian River County Clerk's Office. 10. This Annexation is subject to various provisions contained in Chapter 171 Florida Statutes, Municipal Annexation or Contraction. A substantial portion of the boundary of the Property is contiguous to the City. "Contiguous"is defined in Section 171.031(11)F.S. to mean "that a substantial part of a boundary of the territory sought to be annexed by a municipality is coterminous with a part of the boundary of the municipality." Should there be any legal challenge to the annexation of the Property, whether based on contiguity, enclaves, Comprehensive Plan inconsistencies, zoning or otherwise, the Owner/Developer agrees to assume all risk to Owner/Developer associated with the challenge. The Owner/Developer further agrees to indemnify and hold harmless the City from all claims, suits, judgments, attorneys' fees and costs in any way arising out of or relating to the annexation of the Property. 11. This Agreement shall be binding on and inure to the benefit of the parties hereto and their successors or assigns. This Agreement shall run with the Property and be binding upon any person, firm or other entity who may become the successor in interest directly or indirectly to the Property, and such successor shall be subject to the above referenced conditions as approved by the City Council on , r 17- 2017. In the event a court of competent jurisdiction issues a final order declaring the annexation to be in violation of the law, the Owner/Developer agrees that the City will adopt an ordinance in accordance with Section 171.051 for the sole purpose of contraction of the municipal boundaries to remove the Property from the City limits,without any liability whatsoever to the City. {00058250.DOC.1 } EXHIBIT"B" To ORDINANCE No.2017-19 Page 3 of 5 4-28-17 • • 12. The terms "dedicate", "dedication" or "convey" as used in this Agreement mean to transfer ownership to the City or other governmental body without any cost to or payment by the City or other governmental body. IN WITNESS WHEREOF, the parties hereto have caused these presents to be signed all as of the date and year first written above. ATTEST: CITY OF FELLSMERE,FLORIDA 22 S. Orange Street Fellsmere, Florida 32948 DEBORAH C.KRAGES,CMC,O11? CLERK As Approved by the Council on 7/Xi J (SEAL) STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this .210 day of ltust. , 2017, by JOEL TYSON, Mayor of the CITY OF FELLSMERE,FLORIDA, who is personally known to me or who produced as identification. cam, ( SEAL ) NOTARY PUBLIC, STATE OF FLORIDA Print Name: L 5a Corse ,,.ti;;;': usAcoRTE My Commission Expires: 7ut 5, , c).2.1i MYCOMMISSION1GG079703 My Commission No.: GG o'i9'703 EXPIRES:July 5,2021 'f Od:��: Banded n u Notary Pik un ertoes •tiH,«r. {00058250.DOC.1 } EXHIBIT"B" To ORDINANCE No.2017-19 Page 4 of 5 4-28-17 Owner/Developer GERALD W. RENICK, as Trustee of the Gerald W. Renick Revocable Trust U/T/A dated October 21, 2015 ADDRESS • (iya 4741111111 Melkota 11,) . IZI,IA Witness Print N. -: ' k 1►Of 4A. Gerald W. Renick, Trustee fitness Print Name: j)./A/ go7T- STATE OF FLORIDA COUNTY OF INDIAN RIVER I HEREBY CERTIFY that on this day, before me an Officer duly authorized in the State and in the County aforesaid to take acknowledgements, personally appeared Gerald W. Renick, as Trustee of the Gerald W. Renick Revocable Trust U/T/A dated October 21, 2015, personally known to me to be the person described in the foregoing instrument or who has provided a driver's license as identification, who executed the foregoing instrument and acknowledged before me that they executed the same. WITNESS my hand and official seal this 111(1 day of 1-UN , 2017. • CYNDY LITTLE ti :;. 4_ NOTARY PUBLIC , • (S l —STATE OF FLORIDA ;:�`�.�.� Com FF108252 ; Expires 3131!2018 NOTAR` PUB 'C STjAT O LORIDA Print Name: - VU �i My Commission ,.1 Iire•- 1111MIg1 My Commission No.: c I1 flI' {00058250.DOC.1 } Exi-ILBiT`B" To ORDINANCE No.2017-19 Page 5 of 5-- 7�• Informational Items-B.C.C. 9.12.17 - iv . Office of INDIAN RIVER COUNTY . ATTORNEY AOR►_: Dylan Reingold,County Attorney William K.DeBraal,Deputy County Attorney Kate Pingolt Cotner,Assistant County Attorney MEMORANDUM TO: Board of County Commissioners FROM: Kate Pingolt Cotner, Assistant County Attorn(9)0 DATE: September 1, 2017 SUBJECT: Tri-County Meeting to Discuss Joint Legislative Matters Pursuant to section 125.001, Florida Statutes, and Indian River County Resolution Number 2017-066, Indian River. County will be participating in a tri-county meeting with St. Lucie County and Martin County to discuss shared legislative priorities for the State of Florida's upcoming 2018 legislative session. The meeting will be held on Thursday, September 14, 2017, at 2:30 p.m., at the Indian River State College, Brown Center located at 3209 Virginia Avenue, Fort Pierce, FL. The following topics will be discussed at the referenced meeting: -Home Rule Authority of Local Governments -The Indian River Lagoon -High Speed Passenger Rail Act -Dedicated Funding for Beach Renourishment Projects - Continued Funding for Visit Florida -Regulations for Composting with Biosolids • P8 Ur 1 JEFFREY R. SMITH, CPA, CGFO, CGMA DOM,TRv Clerk of Circuit Court&Comptroller eo „`� , Finance Department j ffa ' 1801 27th Street ' ° !, Vero Beach,FL 32960 '��0'�,.n•• COU' TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: August 10, 2017 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS August 4, 2017 to August 10, 2017 In compliance with Chapter 136.06, Florida Statutes, all 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 lists of checks and electronic payments, issued by the Comptroller's office, for the time period of August 4, 2017 to August 10, 2017. Attachment: ERN P9 • CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 356711 08/10/2017 PORT CONSOLIDATED INC 65,500.53 356712 08/10/2017 JORDAN MOWER INC 279.46 356713 08/10/2017 RANGER CONSTRUCTION IND INC 408.68 356714 08/10/2017 VERO CHEMICAL DISTRIBUTORS INC 90.75 356715 08/10/2017 RICOH USA INC 22.83 356716 08/10/2017 KIMLEY HORN&ASSOC INC 18,550.55 356717 08/10/2017 VELDE FORD INC 1,199.05 356718 08/10/2017 SAFETY PRODUCTS INC 199.20 356719 08/10/2017 DATA FLOW SYSTEMS INC 180.30 356720 08/10/2017 E-Z BREW COFFEE&BOTTLE WATER SVC 26.45 356721 08/10/2017 GRAINGER 874.20 356722 08/10/2017 GENES AUTO GLASS INC 530.00 356723 08/10/2017 SAFETY KLEEN SYSTEMS INC 130.00 356724 08/10/2017 GRAYBAR ELECTRIC 2,260.81 356725 08/10/2017 MY RECEPTIONIST INC 314.57 356726 08/10/2017 AMERIGAS EAGLE PROPANE LP 1,158.20 356727 08/10/2017 AMERIGAS EAGLE PROPANE LP 1,203.01 356728 08/10/2017 HACH CO 912.67 356729 08/10/2017 LFI FORT PIERCE INC 3,157.89 356730 08/10/2017 LFI FORT PIERCE INC 2,217.96 356731 08/10/2017 CLIFF BERRY INC 245.00 356732 08/10/2017 PARKSON CORPORATION 1,479.53 356733 08/10/2017 RD SUPPLY WATERWORKS, LTD 31,907.03 356734 08/10/2017 PETES CONCRETE 850.00 356735 08/10/2017 TIRESOLES OF BROWARD INC 10,485.70 356736 08/10/2017 AMERICAN WATER CHEMICALS INC 3,196.00 356737 08/10/2017 ARMFIELD WAGNER APPRAISAL AND RESEARCH INC 3,700.00 356738 08/10/2017 DELL MARKETING LP 74.62 356739 08/10/2017 THE GOODYEAR TIRE& RUBBER COMPANY 1,445.32 356740 08/10/2017 BLAKESLEE SERVICES INC 710.00 356741 08/10/2017 BAKER&TAYLOR INC 2,442.49 356742 08/10/2017 MIDWEST TAPE LLC 569.63 356743 08/10/2017 ATKINS NORTH AMERICA INC 1,814.58 356744 08/10/2017 PALM TRUCK CENTERS INC 319.07 356745 08/10/2017 SUNSHINE REHABILATION CENTER OF IRC INC 30.00 356746 08/10/2017 PARKS AND SON INC 4,645.01 356747 08/10/2017 CITY OF VERO BEACH 21,369.13 356748 08/10/2017 CHAPTER 13 TRUSTEE 201.08 356749 08/10/2017 COMPBENEFITS COMPANY 80.16 356750 08/10/2017 INDIAN RIVER ALL FAB INC 1,698.00 356751 08/10/2017 UNITED PARCEL SERVICE INC 6.10 356752 08/10/2017 FERGUSON ENTERPRISES INC 53,750.79 356753 08/10/2017 LIVINGSTON PAGE 36.00 356754 08/10/2017 JANITORIAL DEPOT OF AMERICA INC 643.36 356755 08/10/2017 FLORIDA DEPT OF EDUCATION 214.60 356756 08/10/2017 FLORIDA DEPT OF AGRICULTURE AND 216.00 356757 08/10/2017 FLORIDA WATER&POLLUTION CONTROL 30.00 356758 08/10/2017 FEDERAL EXPRESS CORP 16.27 356759 08/102017 FEDERAL EXPRESS CORP 41.96 356760 08/102017 FLORIDA POWER AND LIGHT 10,263.34 356761 08/10/2017 FLORIDA POWER AND LIGHT 1,882.85 356762 08/10/2017 FLORIDA POWER AND LIGHT 6,398.39 356763 08/10/2017 THOMAS S LOWTHER FUNERAL HOME CORP 425.00 356764 08/102017 AMERICAN PLANNING ASSOCIATION 3,086.00 356765 08/10/2017 GIFFORD YOUTH ACHIEVEMENT CENTER INC 7,256.35 356766 08/10/2017 PEACE RIVER ELECTRIC COOP INC 273.88 356767 08/10/2017 CATHOLIC CHARITIES DIOCESE OF PALM BCH 1,905.51 • 356768 08/10/2017 JASON E BROWN 175.00 P10 TRANS NBR DATE VENDOR AMOUNT 356769 08/10/2017 CHRISTOPHER S STUCKEY 90.00 356770 08/10/2017 HENRY SMITH 108.00 356771 08/10/2017 INDIAN RIVER FARMS WATER CNTRL DIST 100.00 356772 08/10/2017 KURT STEFFEN 60.00 356773 08/10/2017 ALAN C KAUFFMANN 100.00 356774 08/10/2017 CHILDRENS HOME SOCIETY OF FL 1,250.00 356775 08/10/2017 MASTER METER INC 38,467.50 356776 08/10/2017 BRIDGESTONE AMERICAS INC 2,500.15 356777 08/10/2017 HOMETOWN NEWS 716.00 356778 08/10/2017 ECONOLITE CONTROL PRODUCTS INC 132,415.00 356779 08/10/2017 RUSSELL PAYNE INC 686.91 356780 08/10/2017 TRANE US INC 27,429.17 356781 08/10/2017 CELICO PARTNERSHIP 1,166.61 356782 08/10/2017 ANIXTER INC 263.48 356783 08/102017 BOYLE& DRAKE INC 2,450.00 356784 08/10/2017 CINTAS CORPORATION NO 2 649.82 356785 08/10/2017 HIMANSHU MEHTA 359.16 356786 08/10/2017 VAN WAL INC 600.00 356787 08/102017 DASIE BRIDGEWATER HOPE CENTER INC 2,439.09 356788 08/10/2017 THE SHERWIN WILLIAMS CO 164.36 356789 08/102017 FRANK BLAKE 500.00 356790 08/10/2017 OCLC ONLINE COMPUTER LIBRARY CENTER 437.01 356791 08/10/2017 MBV ENGINEERING INC 17,737.50 356792 08/102017 MASTELLER&MOLER INC 1,630.00 356793 08/102017 ETR LLC 284.56 • 356794 08/10/2017 STAPLES CONTRACT&COMMERCIAL INC 1,981.05 356795 08/102017 GLOVER OIL COMPANY INC 847.56 356796 08/10/2017 ADMIN FOR CHILD SUPPORT ENFORCEMENT 269.15 356797 08/10/2017 ADMIN FOR CHILD SUPPORT ENFORCEMENT 272.80 356798 08/10/2017 ADMIN FOR CHILD SUPPORT ENFORCEMENT 152.22 356799 08/102017 LARRY STEPHENS 90.00 356800 08/10/2017 DAYSPRING 250.00 356801 08/10/2017 • ORCHID ISLAND PROPERTY MGMT II INC 3,250.00 356802 08/10/2017 ALL PRO PAINT&BODY INC 632.00 356803 08/102017 JOHNNY B SMITH 74.00 356804 08/10/2017 MUNICIPAL WATER WORKS INC 927.50 356805 08/102017 SAINT EDWARDS SCHOOL INC 2,225.00 356806 08/10/2017 MOORE MEDICAL LLC 634.70 356807 08/10/2017 CHARLES A WALKER • 20.00 356808 08/102017 INDIAN RIVER RDA LP 400.00 356809 08/10/2017 TODD TARDIF SR 118.23 356810 08/10/2017 BILLYS AUTO SERVICE 2,414.57 356811 08/10/2017 KATHLEEN P DOUGHERTY 130.00 356812 08/10/2017 KRISTIN DANIELS 23.85 356813 08/102017 K'S COMMERCIAL CLEANING 1,873.89 356814 08/10/2017 LESLIE SWAN 235.77 356815 08/10/2017 SERVICE INSURANCE COMPANY 6,646.00 356816 08/10/2017 NICOLACE MARKETING INC 100.00 356817 08/10/2017 TERESA PULIDO 180.00 356818 08/10/2017 WINSUPPLY OF VERO BEACH 205.59 356819 08/10/2017 OMNI ORLANDO RESORT 417.00 356820 08/10/2017 LARIAT ENTERPRISES INC 209.32 356821 08/102017 VERA SMITH 54.00 356822 08/10/2017 GARRETT SMITH 108.00 356823 08/10/2017 ISLAND AWNING CO INC 2,865.00 356824 08/10/2017 WOERNER DEVELOPMENT INC 165.00 356825 08/10/2017 OSCEOLA COUNTY SECTION 8 768.00 356826 08/10/2017 ATLANTIC COASTAL LAND TITLE CO LLC 25.00 356827 08/102017 KEMPER BUSINESS SYSTEMS 27.50 356828 08/10/2017 BOULEVARD TIRE CENTER 3,869.20 P11 • • TRANS NBR DATE VENDOR AMOUNT 356829 08/10/2017 ECMC 260.09 356830 08/10/2017 THOMPSONS REMODELING&HOME REPAIR INC 7,350.00 356831 08/10/2017 YOUR AQUA INSTRUCTOR LLC 70.00 356832 08/10/2017 FLORIDA ARMATURE WORKS INC 6,506.01 356833 08/10/2017 SYN-TECH SYSTEMS INC 825.00 356834 08/10/2017 BERMUDA SANDS APPAREL LLC 182.56 356835 08/10/2017 CIT FINANCE LLC 186.21 356836 08/10/2017 ALAN JAY CHEVROLET CADILLAC 46,670.80 356837 08/10/2017 HEATHER HATTON 180.00 356838 08/102017 MOORE MOTORS INC 52.50 356839 08/102017 JOSHUA HARVEY GHIZ 1,121.51 356840 08/10/2017 NEWSOM OIL COMPANY 736.93 356841 08/10/2017 TIM ZORC 229.55 356842 08/10/2017 LOWES HOME CENTERS INC 2,652.26 356843 08/10/2017 KELLY LORRAINE HAMLIN 290.00 356844 08/10/2017 ALEX MIKLO 50.00 356845 08/102017 STEVEN G HANSEN 90.00 356846 08/102017 BURNETT LIME CO INC 3,190.60 356847 08/10/2017 TREASURE COAST TURF INC 1,652.32 356848 08/10/2017 CARMEN LEWIS 168.00 356849 08/102017 STRAIGHT OAK LLC 174.08 356850 08/102017 CALDWELL PACETTI EDWARDS 2,962.50 356851 08/10/2017 KANSAS STATE BANK OF MANHATTAN 276.80 356852 08/102017 STEWART& STEVENSON FDDA LLC 1,660.32 356853 08/102017 DEBORAH CUEVAS 54.00 356854 08/102017 FAMILY SUPPORT REGISTRY 156.45 356855 08/10/2017 MARKETING SPECIALTIES OF GEORGIA LLC 397.25 356856 08/10/2017 BERNARD EGAN&COMPANY 25,621.65 356857 08/10/2017 AMERITAS 27,371.58 356858 08/10/2017 ARROW INTERNATIONAL 1,118.55 356859 08/10/2017 RELIANT FIRE SYSTEMS INC 212.00 356860 08/10/2017 CORNERSTONE FAMILY SERVICES OF WEST VIRGINIA 425.00 356861 08/10/2017 SYLIVIA MILLER 2,206.00 356862 08/10/2017 ANFIELD CONSULTING GROUP INC 10,000.00 356863 08/10/2017 ENCORE ONE LLC 3,355.73 356864 08/10/2017 SCRIPPS NP OPERATING LLC 219.00 356865 08/102017 JOSEPH DIZONNO 20.00 356866 08/10/2017 RED THE UNIFORM TAILOR 2,083.76 356867 08/10/2017 JENNIFER E PROPER 140.00 356868 08/10/2017 CATHEDRAL CORPORATION 19,843.90 356869 08/10/2017 GERELCO TRAFFIC CONTROLS INC 820.00 356870 08//02017 UNIFIRST CORPORATION 1,458.54 356871 08/10/2017 SERVICE LIGHTING&ELECTRICAL SUPPLIES INC 538.37 356872 08/10/2017 SCHUMACHER AUTOMOTIVE DELRAY LLC 79.59 356873 08/10/2017 SITEONE LANDSCAPE SUPPLY LLC 1,105.04 356874 08/10/2017 BARSALOU VENTURES LLC 517.78 356875 08/10/2017 ADVANCE STORES COMPANY INCORPORATED 208.65 356876 08/10/2017 DENISE GILLESPIE 70.00 356877 08/102017 EGP DOCUMENT SOLUTIONS LLC 662.51 356878 08/102017 NORTH AMERICAN OFFICE SOLUTIONS INC 20.43 356879 08/10/2017 WURTH USA INC 237.97 356880 08/10/2017 HARN R/O SYSTEMS INC 8,566.36 356881 08/10/2017 EDWARD ILLIDGE 70.00 356882 08/102017 OKLAHOMA SIMMS 144.00 356883 08/10/2017 REBECCA CARSWELL 120.00 356884 08/10/2017 DEBBIE CARSON 75.00 356885 08/102017 MATHESON TRI-GAS INC 3,802.50 356886 08/10/2017 PEOPLE READY INC 13,208.32 356887 08/10/2017 ROBERT O RICHARDSON III 70.00 356888 08/102017 PIT STOP CYCLE INC 133.00 3 - P12 • TRANS NBR DATE VENDOR AMOUNT 356889 08/10/2017 EMILY GOUGE 20.00 356890 08/10/2017 RAUL E VIVANCO. 180.00 356891 08/10/2017 COLE AUTO SUPPLY INC 2,605.24 356892 08/10/2017 WANSER CONSTRUCTION COMPANY INC 5,766.10 356893 08/10/2017 MARISA ALEXANDER 360.00 356894 08/10/2017 KONICA MINOLTA BUSINESS SOLUTIONS 87.45 356895 08/10/2017 CH2M HILL ENGINEERS INC 29,900.00 356896 08/10/2017 BETH NOLAN 50.00 356897 08/10/2017 ALLAN D KELLERMAN 35,189.00 356898 08/10/2017 THOMAS R PILIERO 64.00 356899 08/10/2017 SARAH KELLY 60.00 356900 08/10/201.7 RECYCLING ROCKS LLC 800.00 356901 08/10/2017 FLORIDA BULB&BALLAST INC 3,579.03 356902 08/10/2017 AQUATIC SYNERGY LLC 160.00 356903 08/10/2017 US DEPT OF TREASURY 112.53 356904 08/10/2017 MARY STEPH:ENS 72.00 356905 08/10/2017 JULIO SOSA 150.00 356906 08/10/2017 JUAN CHAVEZ 401.00 356907 08/10/2017 CASSANDRA CUMMINGS 40.00 356908 08/10/2017 FLORIDA COLLEGE SYSTEM ACTIVITIES ASSOC. 15,000.00 356909 08/10/2017 DE LA PARTE&GILBERT P.A. 45.00 356910 08/10/2017 LYNNE KELLEHER 38.99 Grand Total: 835,518.39 4 P13 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1011849 08/04/2017 EVERGLADES FARM EQUIPMENT CO INC 1,731.03 1011850 08/04/2017 COLD AIR DISTRIBUTORS WAREHOUSE 325.86 1011851 08/04/2017 ABCO GARAGE DOOR CO INC 2,617.50 1011852 08/042017 BARKER ELECTRIC,AIR CONDITIONING 400.00 1011853 08/04/2017 ECONOLITE CONTROL PRODUCTS INC 0.00 1011854 08/04/2017 BENNETT AUTO SUPPLY INC 99.35 1011855 08/04/2017 AUTO PARTNERS LLC 568.20 1011856 08/07/2017 ROBINSON EQUIPMENT COMPANY INC 2,396.01 1011857 08/072017 COPYCO INC 120.27 1011858 08/07/2017 RING POWER CORPORATION 7,511.53 1011859 08/07/2017 ST LUCIE BATTERY&TIRE CO 2,268.22 1011860 08/072017 SOUTHERN COMPUTER WAREHOUSE 185.71 1011861 08/07/2017 STAT MEDICAL DISPOSAL INC 440.00 1011862 08/08/2017 AT&T 3,776.96 1011863 08/08/2017 OFFICE DEPOT BSD CUSTOMER SVC 627.48 1011864 08/08/2017 WASTE MANAGEMENT INC 2.980.86 1011865 08/08/2017 COMCAST 314.95 1011866 08/09/2017 SSES INC 1,994.60 1011867 08/09/2017 HENRY SCHEIN INC 13.50 1011868 08/092017 HELENA CHEMICAL 877.88 1011869 08/09/2017 INDIAN RIVER BATTERY 1,253.80 1011870 08/09/2017 RING POWER CORPORATION 7,225.00 1011871 08/09/2017 MEEKS PLUMBING INC 317.50 1011872 08/09/2017 IRRIGATION CONSULTANTS UNLIMITED INC 22.63 1011873 08/09/2017 GROVE WELDERS INC 39.55 1011874 08/09/2017 SOUTHERN COMPUTER WAREHOUSE 600.00 1011875 08/09/2017 SHRIEVE CHEMICAL CO 2,412.50 1011876 08/09/2017 SOUTHERN JANITOR SUPPLY INC 1,154.84 1011877 08/09/2017 SIMS CRANE&EQUIPMENT CO 1,177.00 1011878 08/09/2017 L&L DISTRIBUTORS 755.32 1011879 08/09/2017 HYDRA SERVICE(S)INC 25,608.61 1011880 08/09/2017 PACE ANALYTICAL SERVICES INC 4,660.92 1011881 08/09/2017 ALLIED DIVERSIFIED OF VERO BEACH LLC 35.00 Grand Total: 74,512.58 • 1 --__ P14 ELECTRONIC PAYMENTS - WIRE & ACH 5318 08/04/2017 HEALTH ADVOCATE 1,179.75 5319 08/04/2017 BLUE CROSS&BLUE SHIELD OF FLORIDA INC 35,714.25 5320 08/04/2017 BLUE CROSS&BLUE SHIELD OF FLORIDA INC 18,275.40 5321 08/04/2017 CHARD SNYDER&ASSOCIATES INC 286.00 5322 08/04/2017 CDM SMITH INC 12,454.79 5323 08/07/2017 AMERICAN FAMILY LIFE ASSURANCE CO 18,146.30 5324 08/07/2017 ALLSTATE 292.22 5325 08/07/2017 MUTUAL OF OMAHA 7,092.38 5326 08/07/2017 COLONIAL LIFE&ACCIDENT INS CO 21.24 P-CARD 08/08/2017 WELLS FARGO BANK,N.A. 2,935.09 5327 08/10/2017 IRS-PAYROLL TAXES 13,642.12 Grand Total: 110,039.54 I j P15 _ _ --- JEFFREY R. SMITH, CPA, CGFO, CGMA � b GOMPT Clerk of Circuit Court&Comptroller4 '�' Finance Department u 1801 27`h Street o Vero Beach, FL 32960 ►� 0 h E F TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, FINANCE DIRECTOR • THRU: JEFFREY R. SMITH, COMPTROLLER DATE: August 17, 2017 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS August 11, 2017 to August 17, 2017 In compliance with Chapter 136.06, Florida Statutes, all 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 lists of checks and electronic payments, issued by the Comptroller's office, for the time period of August 11, 2017 to August 17, 2017. Attachment: ERN _ P16 CHECKS WRITTEN 1 TRANS NBR DATE VENDOR AMOUNT 356911 08/17/2017 UTIL REFUNDS 16.91 356912 08/17/2017 UTIL REFUNDS 11.60 356913 08/17/2017 UTIL REFUNDS 33.69 356914 08/17/2017 UTIL REFUNDS 39.07 356915 08/17/2017 UTIL REFUNDS 130.27 356916 08/17/2017 UTIL REFUNDS 69.02 356917 08/17/2017 UTIL REFUNDS 153.05 356918 08/17/2017 UTIL REFUNDS 81.23 356919 08/17/2017 UTIL REFUNDS 75.16 356920 08/17/2017 UTIL REFUNDS 70.43 356921 08/17/2017 UTIL REFUNDS 39.03 356922 08/17/2017 UTIL REFUNDS 17.03 356923 08/17/2017 UTIL REFUNDS 177.75 356924 08/17/2017 UTIL REFUNDS 55.93 356925 08/17/2017 UTIL REFUNDS 1.33 356926 08/17/2017 UTIL REFUNDS 50.00 356927 08/17/2017 UTIL REFUNDS 33.04 356928 08/17/2017 UTIL REFUNDS 41.52 356929 08/17/2017 UTIL REFUNDS 77.07 356930 08/17/2017 UTIL REFUNDS 17.25 356931 08/17/2017 UTIL REFUNDS 72.74 356932 08/17/2017 UTIL REFUNDS 26.01 356933 08/17/2017 UTIL REFUNDS 54.08 356934 08/17/2017 UTIL REFUNDS 26.36 356935 08/17/2017 UTIL REFUNDS 47.78 356936 08/17/2017 UTIL REFUNDS 58.38 356937 08/17/2017 UTIL REFUNDS 19.89 356938 08/17/2017 UTIL REFUNDS 37.23 356939 08/17/2017. UTIL REFUNDS 35.63 356940 08/17/2017 UTIL REFUNDS 77.37 356941 08/17/2017 UTIL REFUNDS 8.24 356942 08/17/2017 UTIL REFUNDS 59.07 356943 08/17/2017 UTIL REFUNDS 43.97 356944 08/17/2017 UTIL REFUNDS 3.13 356945 08/17/2017 UTIL REFUNDS 25.99 356946 08/17/2017 UTIL REFUNDS 60.64 356947 08/17/2017 UTIL REFUNDS 37.80 356948 08/17/2017 UTIL REFUNDS 80.49 356949 08/17/2017 UTIL REFUNDS 13.18 356950 08/17/2017 UTIL REFUNDS 21.96 356951 08/17/2017 UTIL REFUNDS 82.44 356952 08/17/2017 UTIL REFUNDS 40.13 356953 08/17/2017 UTIL REFUNDS 69.08 356954 08/17/2017 UTIL REFUNDS 83.21 356955 08/17/2017 UTIL REFUNDS 49.40 356956 08/17/2017 UTIL REFUNDS 79.14 356957 08/17/2017 CLEMENTS PEST CONTROL 155.00 356958 08/17/2017 PORT CONSOLIDATED INC 529.53 356959 08/17/2017 JORDAN MOWER INC 62.55 356960 08/17/2017 COMMUNICATIONS INTERNATIONAL 4,658.87 356961 08/17/2017 TEN-8 FIRE EQUIPMENT INC 5,854.27 356962 08/17/2017 VERO CHEMICAL DISTRIBUTORS INC 280.00 356963 08/17/2017 RICOH USA INC 148.32 356964 08/17/2017 VELDE FORD INC 768.55 356965 08/17/2017 SAFETY PRODUCTS INC 844.03 356966 08/17/2017 STEWART MATERIALS INC 6,233.27 356967 08/17/2017 ATT WIRELESS 2,777.66 356968 08/17/2017 DELTA SUPPLY CO 330.72 1 P17 TRANS NBR DATE VENDOR AMOUNT 356969 08/17/2017 GRAYBAR ELECTRIC 297.45 356970 08/17/2017 REPUBLIC SERVICES INC 955,359.65 356971 08/17/2017 AMERIGAS EAGLE PROPANE LP 70.98 356972 08/17/2017 AMERIGAS EAGLE PROPANE LP 144.00 356973 08/17/2017 AMERIGAS EAGLE PROPANE LP 144.00 356974 08/17/2017 AMERIGAS EAGLE PROPANE LP 357:37 356975 08/17/2017 AMERIGAS EAGLE PROPANE LP 1,136.61 356976 08/17/2017 HACH CO 869.12 356977 08/17/2017 LFI FORT PIERCE INC 1,052.63 356978 08/17/2017 LFI FORT PIERCE INC 1,207.09 356979 08/17/2017 CLIFF BERRY INC 507.50 356980 08/17/2017 HD SUPPLY WATERWORKS, LTD 21,942.14 356981 08/17/2017 SCHULKE BITTLE&STODDARD LLC 8,630.00 356982 08/17/2017 VERO INDUSTRIAL SUPPLY INC 89.40 356983 08/17/2017 EXPRESS REEL GRINDING INC 3,500.00 356984 08/17/2017 ARM FIELD WAGNER APPRAISAL AND RESEARCH INC 11,600.00 356985 08/17/2017 DELL MARKETING LP 199.35 356986 08/17/2017 THE GOODYEAR TIRE& RUBBER COMPANY 3,913.34 356987 08/17/2017 BAKER&TAYLOR INC 3,950.50 356988 08/17/2017 K&M ELECTRIC SUPPLY 13.83 356989 08/17/2017 MELODY MUSIC 13.99 356990 08/17/2017 BAKER DISTRIBUTING CO LLC 45.24 356991 08/17/2017 CENGAGE LEARNING INC 136.50 356992 08/17/2017 VERO BEACH EDGEWOOD PLACE LP 395.00 356993 08/17/2017 LINDSEY GARDENS LTD 500.00 356994 08/17/2017 CREATIVE CHOICE HOMES XVI LTD 494.00 356995 08/17/2017 CLERK OF CIRCUIT COURT 153.66 356996 08/17/2017 CITY OF VERO BEACH 145,726.35 356997 08/17/2017 UNITED PARCEL SERVICE INC 50.74 356998 08/17/2017 FERGUSON ENTERPRISES INC 9,701.65 356999 08/17/2017 LIVINGSTON PAGE 258.00 357000 08/17/2017 JANITORIAL DEPOT OF AMERICA INC 108.82 357001 08/17/2017 HENRY FISCHER&SONS INC 660.00 357002 08/17/2017 HUMANE SOCIETY 24,630.00 357003 08/17/2017 PUBLIX SUPERMARKETS 20.90 357004 08/17/2017 UNIVERSITY OF FLORIDA 90.00 357005 08/17/2017 FLORIDA WATER&POLLUTION CONTROL 30.00 357006 08/17/2017 FLORIDA WATER&POLLUTION CONTROL 30.00 357007 08/17/2017 FLORIDA WATER&POLLUTION CONTROL 30.00 35.7008 08/17/2017 FLORIDA WATER&POLLUTION CONTROL 30.00 357009 08/17/2017 WEST PUBLISHING CORPORATION 415.64 357010 08/17/2017 FEDERAL EXPRESS CORP 118.77 357011 08/17/2017 ATHENS TECHNICAL SPECIALISTS INC 371.21 357012 08/17/2017 SIEMENS INDUSTRY INC 1,200.00 357013 08/17/2017 TRAFFIC PARTS INC 410.00 357014 08/17/2017 UNITED BLOWER INC .381.00 357015 08/17/2017 SUBSTANCE AWARENESS COUNCIL OF IRC INC 4,875.06 357016 08/17/2017 SUBSTANCE AWARENESS COUNCIL OF IRC INC 7,837.52 357017 08/17/2017 FLORIDA POWER AND LIGHT 41,429.96 357018 08/17/2017 PUBLIC DEFENDER 3,579.16 357019 08/17/2017 GIFFORD YOUTH ACHIEVEMENT CENTER INC 7,410.00 357020 08/17/2017 STATE ATTORNEY 11,076.42 357021 08/17/2017 NEW HORIZONS OF THE TREASURE COAST 23,931.00 357022 08/17/2017 HILTON GARDEN INN 549.99 • 357023 08/17/2017 CHRISTOPHER S STUCKEY 90.00 357024 08/17/2017 ALAN C KAUFFMANN 200.00 357025 08/17/2017 WESTSIDE REPROGRAPHICS OF VERO BEACH INC 566.48 357026 08/17/2017 DONADIO AND ASSOCIATES ARCHITECTS 2,618.71 357027 08/17/2017 BRIDGESTONE AMERICAS INC 860.46 357028 08/17/2017 THE PALMS AT VERO BEACH 997.00. 2 i P18 • TRANS NBR DATE VENDOR AMOUNT 357029 08/17/2017 PERKINS COMPOUNDING PHARMACY 75.43 357030 08/17/2017 LINCOLN EQUIPMENT INC 1,306.00 357031 08/17/2017 MICHAEL QUIGLEY 460.00 357032 08/17/2017 CELICO PARTNERSHIP 2,028.02 357033 08/17/2017 FLORIDA DEPT OF JUVENILE JUSTICE 34,108.33 357034 08/17/2017 VAN WAL INC 2,315.00 357035 08/17/2017 SYNAGRO-WWT INC 45,915.99 357036 08/17/2017 FLORIDA FLOODPLAIN MANAGERS ASSOC 50.00 357037 08/17/2017 FLORIDA FLOODPLAIN MANAGERS ASSOC 150.00 357038 08/17/2017 M TCAUSLEY INC 18,287.50 357039 08/17/2017 STAPLES CONTRACT&COMMERCIAL INC 212.64 357040 08/17/2017 LARRY STEPHENS 90.00 357041 08/17/2017 CAROLE J MADIGAN 1,084.00 357042 08/17/2017 DAVID SMITH 4.00 357043 08/17/2017 D&S ENTERPRISES OF VERO BCH LLC 11.55 357044 08/17/2017 PAK MAIL 122.00 357045 08/17/2017 TOTAL TEMPERATURE INSTRUMENTATION INC 338.00 357046 08/17/2017 SCNS INC 97.20 357047 08/17/2017 JOHNNY B SMITH 244.00 357048 08/17/2017 MUNICIPAL WATER WORKS INC 13,991.98 357049 08/17/2017 GATES HOUSE ENTERPRISES LLC 164.95. 357050 08/17/2017 CHARLES A WALKER 60.00 357051 08/17/2017 LAZY J LLC 105.00 357052 08/17/2017 KATHLEEN P DOUGHERTY 150.00 357053 08/17/2017 WILLIAM RICE - 309.00 357054 08/17/2017 GIS SERVICES 646.00 357055 08/17/2017 K'S COMMERCIAL CLEANING 660.00 357056 08/17/2017 YOUTH GUIDANCE DONATION FUND 1,250.00 357057 08/17/2017 EQ THE ENVIRONMENTAL QUALITY COMPANY 39,588.80 357058 08/17/2017 EXPRESS SUPPLY INC 51,199.84 357059 08/17/2017 WINSUPPLY OF VERO BEACH 308.92 357060 08/17/2017 GARRETT SMITH 54.00 357061 08/17/2017 ATLANTIC COASTAL LAND TITLE CO LLC 150.00 357062 08/17/2017 CLOVERLEAF CORPORATION 4,307.00 357063 08/17/2017 TORRES ELECTRICAL SUPPLY COMPANY INC 840.00 357064 08/17/2017 JANCY PET BURIAL SERVICE INC 17.00 357065 08/17/2017 FLORIDA ARMATURE WORKS INC 6,231.08 357066 08/17/2017 MARIA RESTO 180.00 357067 08/17/2017 PROMATIC INC 212.42 3570.68 08/17/2017 MOORE MOTORS INC 43.50 357069 08/17/2017 TIM ZORC 70.23 357070 08/17/2017 REPROGRAPHIC SOLUTIONS INC 6.24 357071 08/17/2017 LOWES HOME CENTERS INC 2,198.64 357072 08/17/2017 GAUDET ASSOCIATES INC 1,025.00 357073 08/17/2017 CARDINAL HEALTH 110 INC 5,638.03 357074 08/17/2017 KELLY LORRAINE HAMLIN 120.00 357075 08/17/2017 ALEX MIKLO 60.00 357076 08/17/2017 TRV ADVERTISTING&MARKETING INC 740.00 357077 08/17/2017 PENGUIN RANDOM HOUSE LLC 64.80 357078 08/17/2017 CARMEN LEWIS 112.00 357079 08/17/2017 STRAIGHT OAK LLC 81.80 357080 08/17/2017 SCADA SOLUTIONS LLC 1,500.00 357081 08/17/2017 CALDWELL PACETTI EDWARDS 2,677.50 357082 08/17/2017 KANSAS STATE BANK OF MANHATTAN 138.40 357083 08/17/2017 DEBORAH CUEVAS 90.00 357084 08/17/2017 KATE P COTNER 112.14 357085 08/17/2017 WADE WILSON 170.00 357086 08/17/2017 BERNARD EGAN &COMPANY 59,939.82 357087 08/17/2017 BRYAN CAVE LLP 5,893.00 357088 08/17/2017 RONALD NICHELSON 220.00 3 - --- - P19 . TRANS NBR DATE VENDOR AMOUNT 357089 08/17/201.7 RELIANT FIRE SYSTEMS INC 561.20 357090 08/17/2017 HAWKINS INC 2,262.00 357091 08/17/2017 ENCORE ONE,LLC 1,580.18 357092 08/17/2017 HUDSON VINYL PRODUCTS INC 10 270.00 357093 08/17/2017 DIMICHELLI'S CATERING INC 4,200.00 357094 08/17/2017 ANDERSEN ANDRE CONSULTING ENGINEERS INC 22,410.00 357095 08/17/2017 SCRIPPS NP OPERATING LLC 2,502.11 357096 08/17/2017 JOSEPH DIZONNO 120.00 357097 08/17/2017 GERELCO TRAFFIC CONTROLS INC 15,766.61 357098 08/17/2017 UNIFIRST CORPORATION 1,229.18 357099 08/17/2017 GOTTA GO GREEN ENTERPISES INC 159.54 357100 08/17/2017 BARSALOU VENTURES LLC 9,893.19 357101 08/17/2017 ADVANCE STORES COMPANY INCORPORATED 46.38 357102 08/17/2017 DENISE GILLESPIE 120.00 357103 08/17/2017 STEVES FROZEN CHILLERS OF FLORIDA SPACE COAS-. 576.00 357104 08/17/2017 EDWARD.ILLIDGE 170.00 357105 08/17/2017 COVERALL NORTH AMERICA INC 2,015.00 357106 08/17/2017 PEOPLE READY INC 13,791.04 357107 08/17/2017 ROBERT O RICHARDSON III 60.00 357108 08/17/2017 EMILY GOUGE 120.00 357109 08/17/2017 RAUL E VIVANCO 180.00 357110 08/17/2017 MCCI LLC 900.00 357111 08/17/2017 COLE AUTO SUPPLY INC 3,952.37 357112 08/17/2017 MARISA ALEXANDER 32.00 357113 08/17/2017 CANON FINANCIAL SERVICES INC 229.30 357114 08/17/2017 DANBRANLEY LLC 736.00 357115 08/17/2017 KONICA MINOLTA BUSINESS SOLUTIONS 373.44 357116 08/17/2017 KIMBERLY RICCIARDONE 110.00 357117 08/17/2017 RCI ROOF SERVICES INC 1,200.00 357118 08/17/2017 THOMAS RPILIERO 32.00 357119 08/17/2017 BEST CHOICE PROFESSIONAL CLEANING LLC 160.00 357120 08/17/2017 BEST CHOICE PROFESSIONAL CLEANING LLC 1,385.00 357121 08/17/2017 BEST CHOICE PROFESSIONAL CLEANING LLC 2,000.00 357122 08/17/2017 BOWMAN CONSULTING GROUP 24,700.96 357123 08/17/2017 GRANVILLE ASSOCIATES INC 2,042.00 357124 08/17/2017 ANNA S FULLER 202.00 357125 08/17/2017 WILLIAM KYLE WEBB 32.00 357126 08/17/2017 JEFFREY R MASI 7.50 357127 08/17/2017 JANET PALUIv1BO 140.80 357128 08/17/2017 RHONDAJAMES 20.00 357129 08/17/2017 HOLLY BAILEY 40.00 357130 08/17/2017 FIRST LADY ON THE MOVE 150.00 357131 08/17/2017 JESSIKA GONZALEZ 45.00 357132 08/17/2017 NATHAN BISTIS 45.00 357133 08/17/2017 ARBOR ONE FLCA 15,246.89 357134 08/17/2017 WRGUSA VERO MANAGER LLC 3,344.22 357135 08/17/2017 UTIL REFUNDS 16.77 357136 08/17/2017 UTIL REFUNDS 74.54 357137 08/17/2017 UTIL REFUNDS 131.08 357138 08/17/2017 UTIL REFUNDS 134.93 357139 08/17/2017 UTIL REFUNDS 45.91 357140 08/17/2017 UTIL REFUNDS 91.76 357141 08/17/2017 UTIL REFUNDS 36.60 357142 08/17/2017 UTIL REFUNDS 39.76 357143 08/17/2017 UTIL REFUNDS 44.80 357144 08/17/2017 UTIL REFUNDS 63.48 357145 08/17/2017 UTIL REFUNDS 24.07 357146 08/17/2017 UTIL REFUNDS 147.66 357147 08/17/2017 UTIL REFUNDS 83.85 357148 08/17/2017 UTIL REFUNDS 38.91 4 - ---- -- P20 TRANS NBR DATE VENDOR AMOUNT 357149 08/17/2017 UTIL REFUNDS 33.72 357150 08/17/2017 UTIL REFUNDS 49.30 357151 08/17/2017 UTIL REFUNDS 41.34 357152 08/17/2017 UTIL REFUNDS 106.33 357153 08/17/2017 UTIL REFUNDS 91.89 357154 08/17/2017 UTIL REFUNDS 41.17 357155 08/17/2017 UTIL REFUNDS 47.91 357156 08/17/2017 UTIL REFUNDS 32.78 357157 08117/2017 UTIL REFUNDS 74.70 357158 08/17/2017 UTIL REFUNDS 90.95 357159 08/17/2017 UTIL REFUNDS 23.13 357160 08/17/2017 UTIL REFUNDS 47.12 357161 08/17/2017 UTIL REFUNDS 100.00 357162 08/17/2017 UTIL REFUNDS 12.28 357163 08/17/2017 UTIL REFUNDS 86.22 357164 08/17/2017 UTIL REFUNDS 17.33 357165 08/17/2017 UTIL REFUNDS 81.48 357166 08/17/2017 UTIL REFUNDS 47.78 357167 08/17/2017 UTIL REFUNDS 39.04 357168 08/17/2017 UTIL REFUNDS 65.82 357169 08/17/2017 UTIL REFUNDS 79.11 357170 08/17/2017 UTIL REFUNDS 82.50 357171 08/17/2017 UTIL REFUNDS 47.95 357172 08/17/2017 UTIL REFUNDS 19.00 357173 08/17/2017 UTIL REFUNDS 75:05 357174 08/17/2017 UTIL REFUNDS 33.92 357175 08/17/2017 UTIL REFUNDS 42.05 357176 08/17/2017 UTIL REFUNDS 52.94 357177 08/17/2017 UTIL REFUNDS 1.90 357178 08/17/2017 UTIL REFUNDS 28.62 Grand Total: 1,788,007.79 5 1 - P21 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 5328 08/11/2017 KIMLEY HORN&ASSOC INC 4,342.04 5329 08/11/2017 IRC FIRE FIGHTERS ASSOC 6,690.00 5330 08/11/2017 VETERANS COUNCIL OF I R C 5,743.53 5331 08/11/2017 FLORIDA DEPARTMENT OF REVENUE 16,969.39 5332 08/11/2017 ICMA RETIREMENT CORPORATION 2,210.00 5333 08/11/2017 ICMA RETIREMENT CORPORATION 12,610.08 5334 08/11/2017 RUSSELL PAYNE INC 178,950.83 5335 08/11/2017 BENEFITS WORKSHOP 4,901.46 5336 08/11/2017 MUTUAL OF OMAHA 16,492.46 5337 08/11/2017 FLORIDA LEAGUE OF CITIES, INC 4,216.89 5338 08/11/2017 VEROTOWN LLC 74,899.61 5339 08/11/2017 NATIONWIDE SOLUTIONS RETIREMENT INC 27,654.72 5340 08/11/2017 NATIONWIDE SOLUTIONS RETIREMENT INC 1,726.05 5341 08/142017 FL SDU 5,930.52 5342 08/14/2017 FLORIDA DEPT OF FINANCIAL SERVICES 17,088.53 5343 08/142017 IRS-PAYROLL TAXES 418,920.53 5344 08/15/2017 IRS-PAYROLL TAXES 13.38 5345 08/15/2017 INEOS NEW PLANET BIOENERGY LLC 89,845.11 Grand Total: 889,205.13 - --- P22 ELECTRONIC PAYMENT - VISA CARD TRANS.NBR DATE VENDOR AMOUNT 1011882 08/11/2017 T-MOBILE USA INC 344.25 1011883 08/11/2017 EVERGLADES FARM EQUIPMENT CO INC 15.05 1011884 08/11/2017 COLKITT SHEET METAL&A/C INC 250.00 1011885 08/11/2017 COLD AIR DISTRIBUTORS WAREHOUSE 174.69 1011886 08/11/2017 ALLIED UNIVERSAL CORP 5,010.38 1011887 08/11/2017 COMO OIL COMPANY OF FLORIDA 220.76 1011888 08/11/2017 CUMMINS INC 2,491.39 1011889 08/11/2017 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 368.47 1011890 08/14/2017 EVERGLADES FARM EQUIPMENT CO INC 658.43 1011891 08/14/2017 COLIUTT SHEET METAL&A/C INC 259.95 1011892 08/14/2017 COPYCOINC 225.79 1011893 08/14/2017 INDIAN RIVER OXYGEN INC 3,000.50 1011894 08/14/2017 DAVES SPORTING GOODS&TROPHIES 1,468.60 1011895 08/14/2017 ABC.O GARAGE DOOR CO INC 191.37 1011896 08/14/2017 FIRST HOSPITAL LABORATORIES INC 1,096.50 • 1011897 08/14/201.7 MIDWEST MOTOR SUPPLY CO 451.24 1011898 08/14/2017 METRO FIRE PROTECTION SERVICES INC 240.65 1011899 08/14/2017 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 115.00 1011900 08/14/2017 L&L DISTRIBUTORS 150.06 1011901 08/14/2017 STAT MEDICAL DISPOSAL INC 200.00 1011902 08/14/2017 NEXAIR LLC 34.38 1011903 08/15/2017 AT&T 1,604.46 1011904 08/15/2017 OFFICE DEPOT BSD CUSTOMER SVC 1,462.76 1011905 08/15/2017 WASTE MANAGEMENT INC 1,831.69 1011906 08/17/2017 PARKS RENTAL&SALES INC 388.00 1011907 08/17/2017 SSES INC 579.70 1011908 08/17/2017 RECORDED BOOKS LLC 553.20 1011909 08/17/2017 SOUTHERN COMPUTER WAREHOUSE 1,922.38 1011910 08/17/2017 SOUTHERN PLUMBING INC 1,390.00 1011911 08/17/2017 SHRIEVE CHEMICAL CO 4,778.33 1011912 08/17/2017 RECHTIEN INTERNATIONAL TRUCKS 171.22 1011913 08/17/2017 SOUTHERN JANITOR SUPPLY INC 3,827.83 1011914 08/17/2017 PACE ANALYTICAL SERVICES INC 4,569.20 Grand Total: 40,046.23 1 P23 JEFFREY R. SMITH, CPA, CGFO, CGMA �, ;°.;�o� Clerk of Circuit Court&Comptroller �J< . o0,,cm Finance.Department j C) :`ham, • p 1801 27th Street , i 11111 ', • ,� o�� Vero Beach, FL 32960 9,�n„ .►F`oQ `TR COUN� TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER' DATE: August 24, 2017 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS August 18, 2017 to August 24, 2017 In compliance with Chapter 136.06, Florida Statutes, all 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 lists of checks and electronic payments, issued by the Comptroller's office, for the time period of August 18, 2017 to August 24, 2017. Attachment: ERN — — - — - P24 • CHECKS WRITTEN i I I' {` TRANS NBR DATE VENDOR AMOUNT L 357179 08/24/2017 PAUL CARONE 4,483.00 i- 357180 08/24/2017 LINDSEY GARDENS LTD 751.00 357181 08/24/2017 WILLIE C REAGAN 1,350.00 357182 08/24/2017 LARRY STALEY 593.00 357183 08/24/2017 PINNACLE GROVE LTD 1,057.00 (- • 357184 08/24/2017 VERO CLUB PARTNERS LTD 587.00 357185 08/24/2017 VERO CLUB PARTNERS LTD 1,394.00 357186 08/24/2017 DAVID SPARKS 1,407.00 357187 08/24/2017 THE PALMS AT VERO BEACH 1,102.00 357188 08/24/2017 ED SCHLITT LC 3,055.00 357189 08/24/2017 JOHN OLIVIERA 716.00 357190 08/24/2017 ARTHUR PRUETT 484.00 357191 08/24/2017 JOSEPH LOZADA 677.00 357192 08/24/2017 MICHAEL JAHOLKOWSKI 547.00 • 357193 08/24/2017 LUCY B HENDRICKS 573.00 357194 08/24/2017 R MAX OF INDIAN RIVER INC 2,900.00 357195 0824/2017 SYLVESTER MC INTOSH 355.00 357196 0824/2017 PAULA W1-IIDDON 553.00 357197 08/24/2017 JAMES W DAVIS 372.00 { 357198 08/24/2017 NITA EZELL 609.00 357199 08/24/2017 LINDSEY GARDENS II LTD 616.00 357200 08/24/2017 MISS INC OF THE TREASURE COAST 2,174.00 357201 08/24/2017 DANIEL CORY MARTIN 2,680.00 357202 08/24/2017 CRAIG LOPES 498.00 357203 0824/2017 PAULA ROGERS&ASSOCIATES INC 600.00 357204 08/242017 FIVE STAR PROPERTY HOLDING LLC 847.00 357205 08242017 MARK BAER 3,458.00 357206 08/24/2017 JUAN CHAVES 700.00 357207 08/24/2017 REID REALTY 556.00 357208 08/24/2017 MELISSA CAMARATA 838.00 357209 08/24/2017 FOUNDATION FOR AFFORDABLE RENTAL 1,491.00 357210 08/242017 INDIANTOWN NON-PROFIT HOUSING INC 670.00 1 357211 08242017 AUGUSTUS B FORT JR 564.00 357212 08242017 H&H SHADOWBROOK LLC 568.00 357213 08/24/2017 HUMAYUN SHAREEF 963.00 357214 0824/2017 VERO BEACH PLACE LLC 5,242.00 4 357215 08/24/2017 WEDGEWOOD RENTALS LLC 615.00 ' 357216 08/24/2017 GNS REAL ESTATE HOLDINGS LLC 4,724.00 _ 357217 08/24/2017 COALITION FOR ATTAINABLE HOMES INC 1,270.00 357218 08/24/2017 HELPING HANDS REAL ESTATE&INVESTMENT CO 2,850.00 357219 08/24/2017 ALIX DENAEAU 922.00 _ 357220 08242017 JOHN K GERRATO 597.00 357221 08/24/2017 1135 RENTALS LLC 750.00 357222 08/24/2017 STEVEN J BERGAMINO 750.00 357223 08/24/2017 BLUE DRAGON MANAGEMENT LLC 1,100.00 • 357224 08/24/2017 MCLAUGI-ILIN PROPERTIES LLC 536.00 r. 357225 08/24/2017 HOWARD R BRENNAN 556.00 357226 08/24/2017 NKW PIP HOLDINGS I LLC 3,154.00 357227 08/242017 MAXIPLEX LLC 7,513.00 1+ 357228 08/24/2017 UTIL REFUNDS 75.16 357229 08/24/2017 UTIL REFUNDS 29.48 .'� 357230 08/24/2017 UTIL REFUNDS 44.14 357231 08/24/2017 UTIL REFUNDS 69.75 357232 08/24/2017 UTIL REFUNDS 70.10 357233 08/24/2017 UTIL REFUNDS 33.96 357234 08/24/2017 UTIL REFUNDS 14.72 '� 357235 08/24/2017 UTIL REFUNDS 15.72 357236 08/24/2017 UTIL REFUNDS 39.58 . 1 P25 TRANS NBR DATE VENDOR AMOUNT 357237 08/24/2017 UTIL REFUNDS 46.44 357238 08/24/2017 UTIL REFUNDS 47.95 357239 08/24/2017 UTIL REFUNDS 70.60 357240 08/24/2017 UTIL REFUNDS 75.61 357241 08242017 UTIL REFUNDS 79.15 357242 08242017 UTIL REFUNDS 20.44 357243 08/24/2017 UTIL REFUNDS 139.76 357244 08/24/2017 UTIL REFUNDS 74.44 357245 08/24/2017 UTIL REFUNDS 50.00 357246 08/24/2017 UTIL REFUNDS 74.72 357247 08/24/2017 UTIL REFUNDS 167.76 357248 08/24/2017 UTIL REFUNDS 24.03 • 357249 08242017 UTIL REFUNDS 52.76 357250 08/24/2017 UTIL REFUNDS 28.40 357251 08/24/2017 UTIL REFUNDS 100.00 357252 08242017 UTIL REFUNDS 64.28 357253 08/24/2017 UTIL REFUNDS 71.21 357254 08/24/2017 UTIL REFUNDS 17.32 357255 08/24/2017 UTIL REFUNDS 68.06 357256 08/242017 UTIL REFUNDS 100.58 357257 08/242017 UTIL REFUNDS 59.87 357258 08/24/2017 UTIL REFUNDS 63.02 357259 08/24/2017 UTIL REFUNDS 6.96 357260 08/24/2017 UTIL REFUNDS 66.01 357261 08/24/2017 UTIL REFUNDS 79.90 357262 08/24/2017 UTIL REFUNDS 82.50 357263 .08/24/2017 UTIL REFUNDS 43.87 357264 08/24/2017 UTIL REFUNDS 32.81 357265 08/24/2017 UTIL REFUNDS 44.64 357266 08/24/2017 UTIL RL--FUNDS 116.12 357267 0824/2017 UTIL REFUNDS 47.07 357268 08/24/2017 UTIL REFUNDS 35.05 357269 08/24/2017 UTIL REFUNDS 17.91 357270 08/24/2017 UTIL REFUNDS 387.14 357271 0824/2017 UTIL REFUNDS 39.72 357272 08/24/2017 UTIL REFUNDS 5.63 357273 08242017 UTIL REFUNDS 53.65 357274 08/24/2017 UTIL REFUNDS 34.38 357275 08/24/2017 UTIL REFUNDS 14.52 357276 08/24/2017 UTIL REFUNDS 65.85 357277 08/24/2017 UTIL REFUNDS 38.21 357278 08/24/2017 UTIL REFUNDS 36.03 357279 08/24/2017 PORT CONSOLIDATED INC 33,275.40 357280 08/242017 JORDAN MOWER INC 8,313.56 357281 0824/2017 COMMUNICATIONS INTERNATIONAL 798.62 357282 0824/2017 TEN-8 FIRE EQUIPMENT INC 1,702.53 357283 08/24/2017 RANGER CONSTRUCTION IND INC 841.16 357284 08/24/2017 VERO CHEMICAL DISTRIBUTORS INC 694.70 357285 08/24/2017 PERERS ENTERPRISES INC 1,727.40 357286 08/24/2017 RICOH USA INC 107.05 357287 08/24/2017 VELDE FORD INC 1,767.08 357288 08242017 SAFETY PRODUCTS INC 148.42 357289 08/24/2017 AT&T WIRELESS 76.28 357290 08242017 DATA FLOW SYSTEMS INC 1,717.14 357291 08/24/2017 BRENDA DICKHART 119.00 357292 0824/2017 E-Z BREW COFFEE& BOTTLE WATER SVC 203.27 357293 08/24/2017 SAFETY KLEEN SYSTEMS INC 590.80 357294 08242017 LFI FORT PIERCE INC 1,052.63 357295 08/24/2017 CLIFF BERRY INC 70.00 357296 08/24/2017 PARKSON CORPORATION 18,921.95 2 P26 TRANS NBR DATE VENDOR AMOUNT 357297 08/24/2017 JIMMYS TREE SERVICE 1,500.00 357298 08/24/2017 HD SUPPLY WATERWORKS,LTD 2,236.18 357299 08/24/20I 7 PETES CONCRETE 5,350.00 357300 08/24/2017 ECOTECH CONSULTANTS INC 2864.00 357301 08/24/2017 VERO INDUSTRIAL SUPPLY INC 817.00 357302 08/24/2017 TIRESOLES OF BROWARD INC 1,387.64 357303 08/24/2017 BARTH CONSTRUCTION INC 292,317.50 357304 08/242017 CARTER ASSOCIATES INC 16,310.00 357305 08242017 ARMFIELD WAGNER APPRAISAL AND RESEARCH INC 4,700.00 357306 08/24/2017 DELL MARKETING LP 2,663.65 357307 08/24/2017 BAKER&TAYLOR INC 2,211.81 357308 08/242017 MIDWEST TAPE LLC 2,696.75 357309 08242017 MWI CORP 1,362.00 357310 08242017 MICROMARKETING LLC 1,326.65 357311 08242017 CENGAGE LEARNING INC 984.57 357312 08/242017 PEN WORTHY COMPANY 998.21 357313 08242017 RIVER PARK ASSOCIATES LIMITED 234.00 357314 08242017 RICHARD C THERIEN 500.00 357315 08242017 PST SERVICES INC 33,329.07 357316 08/24/2017 PARKS AND SON INC 2,505.20 357317 08/24/2017 CLERK OF CIRCUIT COURT 2,300.5.0 357318 08/24/2017 CITY OF VERO BEACH 3,817.73 357319 08242017 CDM SMITH INC 11,392.25 357320 08/24/2017 CHAPTER 13 TRUSTEE 201.08 357321 08242017 UNITED WAY OF INDIAN RIVER COUNTY 560.00 357322 08242017 FERGUSON ENTERPRISES INC 5,101.00 357323 08/242017 LIVINGSTON PAGE 60.00 357324 08/24/2017 TREASURE COAST HOMELESS SERVICES 998.46 357325 08/24/2017 FLORIDA DEPT OF EDUCATION 163.50 357326 08/24/2017 PUBLIX SUPERMARKETS 52.05 357327 08/24/2017 INTERNATIONAL GOLF MAINTENANCE INC 990.00 ( 357328 08/24/2017 DEANGELO BROTHERS INC 695.50 357329 08/24/2017 EXCHANGE CLUB CASTLE 5,410.08 357330 08242017 EXCHANGE CLUB CASTLE 2,152.33 357331 08/24/2017 ST JOHNS RIVER WATER MGMT DISTRICT 250.00 357332 08242017 FEDERAL EXPRESS CORP 65.19 357333 08/24/2017 MORGAN&EKLUND INC 29,205.00 357334 08/24/2017 CITY OF SEBASTIAN 24,218.71 357335 08/24/2017 TIMOTHY ROSE CONTRACTING INC 61,687.20 • 357336 08/24/2017 TRAFFIC PARTS INC 2,085.00 357337 08242017 CALLAWAY GOLF SALES COMPANY 233.67 357338 08/24/2017 FLORIDA POWER AND LIGHT 93,397.44 357339 08242017 FLORIDA POWER AND LIGHT 19,200.94 357340 08/24/2017 PHILLIP J MATSON 159.22 357341 08/24/2017 GIFFORD YOUTH ACHIEVEMENT CENTER INC 7,410.00 357342 08/24/2017 CITY OF FELLSMERE 16.78 357343 08/24/2017 SUNSHINE STATE ONE CALL OF FL INC 1,264.17 357344 08242017 LANGUAGE LINE SERVICES INC 71.21 357345 08/242017 STRUNK FUNERAL HOMES&CREMATORY 425.00 357346 08/242017 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 650.00 357347 08/24/2017 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 500.00 • 357348 08/242017 TREASURE COAST SPORTS COMMISSION INC 4,659.00 • 357349 08/24/2017 IRC HEALTHY START COALITION INC 500.00 357350 0824/2017 IRC HEALTHY START COALITION INC 2,500.00 357351 08/24/2017 IRC HEALTHY START COALITION INC 1,000.00 357352 08/24/2017 IRC HEALTHY START COALITION INC 1,666.66 357353 08/24/2017 BELA NAGY 74.16 357354 08/24/2017 KENNETH JAMES BINGHAM JR 60.00 357355 0824/2017 INDIAN RIVER FARMS WATER CNTRL DIST 100.00 357356 08/24/2017 ALAN C KAUFFMANN 200.00 3 P27 • TRANS NBR DATE VENDOR AMOUNT 357357 08/24/2017 OSCEOLA COUNTY 10,219.45 357358 08/24/2017 WESTSIDE REPROGRAPHICS OF VERO BEACH INC 59.02 357359 08/24/2017 ELXSI INC 220.09 357360 08/24/2017 PINNACLE GROVE LTD 1,000.00 357361 08242017 VERO CLUB PARTNERS LTD 1,044.00 357362 08/24/2017 FELLSMERE COMM ENRICHMENT PROGRAM INC 395.00 357363 08/24/2017 RUSSELL PAYNE INC 189.63 357364 08/24/2017 CELICO PARTNERSHIP 309.79 • 357365 08/24/2017 CINTAS CORPORATION NO 2 37.35 357366 08/24/2017 JOSEPH W VASQUEZ 60.00 357367 08/24/2017 CENTRAL PUMP& SUPPLY INC 671.03 357368 08/24/2017 MICHAEL ZITO 120.10 357369 08242017 MASTELLER&MOLER INC 3,815.00 357370 08/242017 STAPLES CONTRACT&COMMERCIAL INC 473.10 357371 08/24/2017 ADMIN FOR CHILD SUPPORT ENFORCEMENT 269.15 357372 08/24/2017 ADMIN FOR CHILD SUPPORT ENFORCEMENT 272.80 357373 08/24/2017 ADMIN FOR CHILD SUPPORT ENFORCEMENT 152.22 357374 08/24/2017 ORCHID ISLAND PROPERTY MGMT II INC 4,500.00 357375 08/24/2017 IST FIRE&SECUR.ITY INC 210.00 357376 08/24/2017 JOHNNY B SMITH 170.00 357377 08/24/2017 MOORE MEDICAL LLC 533.62 357378 08/24/2017 CHARLES A WALKER 120.00 357379 08/24/2017 DYNAMIC AIR QUALITY&COOLING INC 950.55 • • 357380 08/24/2017 BRIAN FREEMAN 16.91 357381 08/242017 GUARDIAN COMMUNITY RESOURCE MANAGEMENT 3,250.00 357382 08242017 MOLTER, WILLIAM OR NADA 76.52 357383 08242017 WILLIS,JAMES&GLORIA 75.00 • 357384 08/24/2017 KATHLEEN P DOUGHERTY 30.00 357385 08/24/2017 NICOLACE MARKETING INC 2,985.00 357386 08/24/2017 OMNI ORLANDO RESORT 417.00 357387 08/24/2017 HELPING ANIMALS LIVE-OVERCOME 59.00 357388 08/24/2017 WOERNER DEVELOPMENT INC 4,174.00 357389 08/24/2017 ECMC 260.09 357390 08/242017 ORLANDO FREIGHTLINER INC 59.09 357391 08/242017 HEATHER HATTON 200.00 357392 08/24/2017 GFA INTERNATIONAL INC 17,734.50 357393 08/24/2017 MOORE MOTORS INC 84.81 357394 08/24/2017 TIM ZORC 24.39 357395 08/24/2017 LOWES HOME CENTERS INC 908.84 357396 08/24/2017 CB&1 COASTAL PLANNING& ENGINEERING INC 20,978.72 357397 08/24/2017 ADAMS FENCE 2 LLC 4,835.00 357398 08/24/2017 BURNETT LIME CO INC 9,627.80 • 357399 08242017 CARMEN LEWIS 96.00 357400 08/24/2017 STRAIGHT OAK LLC 224.95 357401 08242017 KRAUS ASSOCIATES INC 9,937.50 357402 08/24/2017 SOUTHERN MANAGEMENT LLC 267.00 • 357403 08242017 CHEMTRADE CHEMICALS CORPORTATION 2,275.23 357404 08/24/2017 WADE WILSON 60.00 357405 08242017 FAMILY SUPPORT REGISTRY 156.45 357406 08242017 COAST TO COAST COMPUTER PRODUCTS 159.98 357407 08/24/2017 MONA MOSHKI FEDERICI 40.00 357408 08/242017 EXTREME GOLF INC 745.00 357409 08/24/2017 KESSLER CONSULTING INC 2,584.72 357410 08/24/2017 FORTILINE INC 114.99 357411 08/2420.17 THE LAW OFFICES OF 850.00 357412 08/24/2017 EAST COAST VETERINARY SERVICES LLC 103.00 357413 08/24/2017 NAPIER&ROLLIN PLLC 162.50 357414 08/24/2017 RONALD NICHELSON 60.00 357415 08/24/2017 FOUNDATION FOR AFFORDABLE RENTAL 516.00 357416 082420I7 RELIANT FIRE SYSTEMS INC 50.00 4 - - P28 TRANS NBR DATE VENDOR AMOUNT 357417 08/24/2017 THE TRANSIT GROUP INC 13,052.57 357418 08/24/2017 FLORITURF SOD INC 160.00 357419 08/24/2017 JOSEPH DIZONNO 120.00 357420 08/24/2017 BERGER SINGERMAN LLP 825.00 357421 08/24/2017 CATHEDRAL CORPORATION 2,582.46 357422 08/24/2017 GERELCO TRAFFIC CONTROLS INC 5,342.67 357423 08/24/2017 UNIFIRST CORPORATION 1,231.70 357424 08/24/2017 CDA SOLUTIONS INC 3,369.36 357425 08/24/2017 SITEONE LANDSCAPE SUPPLY LLC 62.31 357426 08/24/2017 GOTTA GO GREEN ENTERPISES INC 312.78 357427 08/24/2017 L M SANDLER& SONS INC 139,079.58 357428 08/24/2017 ADVANCE STORES COMPANY INCORPORATED 667.08 357429 08/24/2017 EGP DOCUMENT SOLUTIONS LLC 355.79 357430 08/24/2017 FLORIDA EAST COAST HOLDINGS CORP 1,701.00 357431 08/24/2017 RUSSELL L OWEN III 120.00 357432 08/24/2017 EZLINKS GOLF LLC 300.00 357433 08/24/2017 HARN R/O SYSTEMS.INC 56,032.69 357434 08/24/2017 NWI RECYCLING INC 2,088.96 357435 08/24/2017 EDWARD ILLIDGE 230.00 357436 08/24/2017 EDUCATION FOUNDATION OF INDIAN RIVER COUNTY 43,752.72 357437 08/24/2017 MATHESON TRI-GAS INC 1,755.00 357438 08/24/2017 PEOPLE READY INC 13,226.53 357439 08/24/2017 ROBERT O RICHA.RDSON III 170.00 357440 08/24/2017 EMILY GOUGE 120.00 357441 08/24/2017 AQSEPTENCE GROUP INC 1,015.32 357442 08/24/2017 RAUL E VIVANCO 180.00 357443 08/24/2017 COLE AUTO SUPPLY INC 1,618.11 357444 08/24/2017 PROCTOR CONSTRUCTION COMPANY LLC 202,721.99 357445 08/24/2017 KIMBERLY RICCIARDONE 140.00 357446 08/24/2017 BETH NOLAN 80.00 357447 08/24/2017 ALLAN D KELLERMAN 27,680.00 357448 08/24/2017 BRIGHT WHITE PAPER CO 121.37 357449 08/24/2017 THOMAS R PILIERO 68.00 357450 08/24/2017 RECYCLING ROCKS LLC , 720.00 357451 08/24/2017 FLORIDA BULB&BALLAST INC 74.00 357452 08/24/2017 AQUATIC SYNERGY LLC 80.00 357453 08/24/2017 US DEPT OF TREASURY 112.53 357454 08/24/2017 JUDY COULL 45.00 357455 08/24/2017 ANNE ROLLO 300.00 357456 08/24/2017 ANNE TOBIN 34.07 357457 08/24/2017 WILLARD BRIGHT-JR 100.00 357458 08/24/2017 ELLIBY TI-IEODOR.E 43.56 357459 08/24/2017 LEANNE HARKINS 45.00 357460 08/242017 ROBYN KONCELIK 100.00 357461 08/24/2017 MICHAEL REED 40.00 357462 08/24/2017 JACQUIE MURPHY 150.00 357463 08/24/2017 LISA LOMBARDO 138.92 357464 08/24/2017 DAVID WHEATLEY' 138.92 357465 08/24/2017 UTIL REFUNDS 79.27 357466 08/24/2017 UTIL REFUNDS 79.11 357467 08/24/2017 .UTIL REFUNDS 108.90 357468 08/24/2017 UTIL REFUNDS 69.34 357469 08242017 UTIL REFUNDS 225.01 357470 08/24/2017 UTIL REFUNDS 70.42 357471 08/24/2017 UTIL REFUNDS 5.80 357472 08/24/2017 UTIL REFUNDS 86.22 357473 08/24/2017 UTIL REFUNDS 120.06 357474 08/24/2017 UTIL REFUNDS • - 61.70 357475 0824/2017 UTIL REFUNDS 33.61 357476 08/24/2017 UTIL REFUNDS 63.05 5 -P29 TRANS NBR DATE VENDOR AMOUNT 357477 0824/2017 UTIL REFUNDS 15.15 357478 08/24/2017 UTIL REFUNDS 67.16 357479 08/24/2017 UTIL REFUNDS 69.80 357480 08/24/2017 UTIL REFUNDS 68.22 357481 08/24/2017 UTIL REFUNDS 75.49 357482 08/24/2017 UTIL REFUNDS 36.86 357483 08242017 UTIL REFUNDS 32.98 357484 08/24/2017 UTIL REFUNDS 49.54 357485 08/24/2017 UTIL REFUNDS 61.28 357486 08/24/2017 UTIL REFUNDS 57.65 357487 08/24/2017 UTIL REFUNDS 144.54 357488 08/24/2017 UTIL REFUNDS 77.52 357489 08/24/2017 UTIL REFUNDS 100.00 357490 08/242017 UTIL REFUNDS 32.86 357491 08242017 UTIL REFUNDS 36.57 357492 08/24/2017 UTIL REFUNDS 30.97 357493 08/24/2017 UTIL REFUNDS 100.80 357494 08/24/2017 UTIL REFUNDS 44.60 357495 08/24/2017 UTIL REFUNDS 2.38 357496 08/24/2017 UTI L REFUNDS 69.80 357497 08/24/2017 UTIL REFUNDS 28.81 357498 08242017 UTIL REFUNDS 24.58 357499 08242017 UTIL REFUNDS 27.99 357500 08/24/2017 UTIL REFUNDS 73.12 357501 08242017 UTIL REFUNDS 103.32 357502 08/24/2017 UTIL REFUNDS 73.78 357503 08/24/2017 UTIL REFUNDS 30.30 357504 08/24/2017 UTIL REFUNDS 57.49 357505 08/24/2017 UTIL REFUNDS 18.41 357506 08/24/2017 UTIL REFUNDS 88.81 357507 08/24/2017 UTIL REFUNDS 75.32 357508 08/24/2017 UTIL REFUNDS 313.92 357509 08242017 UTIL REFUNDS 76.28 Grand Total: 1,443,984.70 6 P30 ELECTRONIC PAYMENT - VISA CARD TRANS.NBR DATE VENDOR AMOUNT 1011915 08/18/2017 EVERGLADES FARM EQUIPMENT CO INC 900.12 1011916 08/18/2017 NORTH SOUTH SUPPLY INC 630.86 1011917 08/18/2017 COLD AIR DISTRIBUTORS WAREHOUSE 76.19 1011918 08/18/2017 INDIAN RIVER BATTERY 1,774.85 1011919 08/18/2017 MIKES GARAGE& WRECKER SERVICE INC 110.00 1011920 08/18/2017 ABCO GARAGE DOOR CO INC 325.30 1011921 08/18/2017 ALLIED UNIVERSAL CORP 9,937.59 1011922 08/18/2017 GROVE WELDERS INC 337.44 1011923 08/18/2017 'SOUTHERN COMPUTER WAREHOUSE 255.23 1011924 08/182017 FIRST HOSPITAL LABORATORIES INC 161.25 1011925 08/18/2017 MIDWEST MOTOR SUPPLY CO 181.00 1011926 08/18/2017 CUMMINS INC 12,162.06 1011927 08/18/2017 METRO FIRE PROTECTION SERVICES INC 2,4.10.06 1011928 08/182017 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 612.36 1011929 08/18/2017 HYDRA SERVICE(S)INC 1,420.19 1011930 08/18/2017 NEXAIR LLC 343.36 1011931 08/18/2017 AT&T 3,768.56 1011932 08/18/2017 OFFICE DEPOT BSD CUSTOMER SVC 392.12 1011933 08/18/2017 WASTE MANAGEMENT INC 4;360.14 1011934 08/18/2017 POLY DYNE INC 2,507.00 1011935 08/18/2017 WHEELABRATOR RIDGE ENERGY INC 2,693.65 1011936 08/23/2017 EVERGLADES FARM EQUIPMENT CO INC 32.64 1011937 08/23/2017 PARKS RENTAL&SALES INC 66.00 1011938 08/23/2017 COPYCO INC 234.73 1011939 08/23/2017 UNIVERSAL SIGNS&ACCESSORIES 2,965.50 1011940 08/23/2017 COLD AIR DISTRIBUTORS WAREHOUSE 1,247.49 1011941 08/23/2017 DEMCO INC 132.33 1011942 08/232017 ST LUCIE BATTERY&TIRE CO 320.00 1011943 08/23/2017 HD SUPPLY FACILITIES MAINTENANCE LTD 805.65 1011944 08/232017 COMO OIL COMPANY OF FLORIDA 178.97 1011945 08/23/2017 SOUTHERN JANITOR SUPPLY INC 130.53 • 1011946 08/23/2017 BENNETT AUTO SUPPLY INC 48.95 1011947 08/23/2017 PACE ANALYTICAL SERVICES INC 428.00 1011948 08/24/2017 NORTH SOUTH SUPPLY INC 69.40 1011949 08/24/2017 INDIAN RIVER BATTERY 317.95 1011950 08/24/2017 MIKES GARAGE& WRECKER SERVICE INC 1,170.00 1011951 08/24/2017 GALLS LLC 113.50 1011952 08/24/2017 IRRIGATION CONSULTANTS UNLIMITED INC 80.52 1011953 08/24/2017 4IMPRINT INC 1,115.70 1011954 08/24/2017 HARCROS CHEMICALS, INC. 4,435.25 1011955 08242017 L&L DISTRIBUTORS 539.90 1011956 08/24/2017 NEXAIR LLC 8I5.38 Grand Total: 60,607.72 • 1 — - P31 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 5346 08/182017 SCHOOL DISTRICT OF I R COUNTY 58,838.00 5347 08/18/2017 IRC CHAMBER OF COMMERCE 6,930.55 5348 08/18/2017 WRIGHT EXPRESS FSC 18,795.42 5349 08/21/2017 INDIAN RIVER COUNTY PROPERTY APPRAISER 25,468.75 5350 08/21/2017 INDIAN RIVER COUNTY SHERIFF 25,035.45 5351 08/22/2017 SENIOR RESOURCE ASSOCIATION 362,142.26 5352 08/22/2017 IRC CHAMBER OF COMMERCE 28,063.59 5353 08/22/2017 IRC CHAMBER OF COMMERCE 17,534.83 Grand Total: 542,808.85 1 P32 C067A r U Q s o JEFFREY R. SMITH, CPA, CGFO, CGMA 4iScount,rRvCClerk of Circuit Court&Comptroller c°`.(mFinance Department • �' 1801 27th Street 1,Q, i4/ o Vero Beach, FL 32960 �4L•...... 'op Fq COtS" TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: August 31, 2017 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS August 25, 2017 to August 31, 2017 • In compliance with Chapter 136.06, Florida Statutes, all 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 lists of checks and electronic payments, issued by the Comptroller's office, for the time period of August 25, 2017 to August 31, 2017. Attachment: ERN P33 ELECTRONIC PAYMENT - VISA CARD TRANS.NBR DATE VENDOR AMOUNT 1011957 08/25/2017 AT&T 12,201.79 1011958 08/25/2017 OFFICE DEPOT BSD CUSTOMER SVC 2,020.66 1011959 08/25/2017 COMCAST 84.90 1011960 08/25/2017 POLYDYNE INC 2,507.00 1011961 08/30/2017 EVERGLADES FARM EQUIPMENT CO INC 708.23 • 1011962 08/30/2017 PARKS RENTAL&SALES INC 501.75 1011963 08/30/2017 COLKITT SHEET METAL&A/C INC 437.00 1011964 08/30/2017 SSES INC 5,662.68 . 1011965 08/30/2017 HENRY SCHEIN INC 3,540.24 1011966 08/30/2017 COLD AIR DISTRIBUTORS WAREHOUSE 488.27 1011967 08/30/20I 7 INDIAN RIVER BATTERY 201.00 1011968 08/30/2017 MIKES GARAGE&WRECKER SERVICE INC 210.00 1011969 08/30/2017 MEEKS PLUMBING INC 214.00 1011970 08/30/2017 ABCO GARAGE DOOR CO INC 158.00 1011971 08/30/2017 ALLIED UNIVERSAL CORP 5,353.42 1011972 08/30/2017 IRRIGATION CONSULTANTS UNLIMITED INC 23.57 1011973 08/30/2017 GROVE WELDERS INC 201.66 1011974 08/30/2017 SOUTHERN COMPUTER WAREHOUSE 2,437.08 1011975 08/30/2017 COMO OIL COMPANY OF FLORIDA 342.36 1011976 08/30/2017 PRIDE ENTERPRISES 3,043.95 1011977 08/30/2017 SOUTHERN PLUMBING INC 175.00 1011978 08/30/2017 SHRIEVE CHEMICAL CO 4,728.81 1011979 08/30/2017 MIDWEST MOTOR SUPPLY CO 53.00 1011980 08/30/2017 RECHTI EN INTERNATIONAL TRUCKS 327.67 1011981 08/30/2017 SOUTHERN JANITOR SUPPLY INC 2,237.60 1011982 08/30/2017 HARCROS CHEMICALS,INC. 6,930.01 1011983 08/30/2017 METRO FIRE PROTECTION SERVICES INC 147.50 1011984 08/30/2017 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 80.00 1011985 08/302017 SPINNAKER VERO INC 300.00 1011986 • 08/30/2017 CUMMINS POWER SOUTH LLC 4,841.61 1011987 08/30/2017 L&L DISTRIBUTORS 2,037.78 1011988 08/30/2017 RADWELL INTERNATIONAL INC 397.96 1011989 08/30/2017 WRIGHT FASTENER COMPANY LLC 301.00 1011990 08/30/2017 PACE ANALYTICAL SERVICES INC 108.00 Grand Total: 63,003.50 1 P34 CHECKS WRITTEN TRANS INBR DATE VENDOR AMOUNT . 357510 08/28/2017 GREENE INVESTMENT PARTNERSHIP LTD 3,713.54 357511 08/28/2017 INDIAN RIVER COUNTY HEALTH DEPT 50,235.75 357512 08/28/2017 MEDICAL EXAMINERS OFFICE 30,915.91 357513 08/28/2017 VICTIM ASSISTANCE PROGRAM 5,633.75 357514 08/28/2017 ROGER.1 NICOSIA 1,500.00 357515 08/28/2017 CITY OF VERO BEACH 2,072.78 357516 08/28/2017 CITY OF VERO BEACH 11,700.00 357517 08/31/2017 PORT CONSOLIDATED INC 68,920.23 357518 08/31/2017 JORDAN MOWER INC 261.10 357519 08/31/2017 COMMUNICATIONS INTERNATIONAL 81.00 357520 08/31/2017 COMMUNICATIONS INTERNATIONAL 80,795.61 357521 08/31/2017 TEN-8 FIRE EQUIPMENT INC 4,322.70 357522 08/31/2017 RANGER CONSTRUCTION IND INC 522.24 357523 08/31/2017 VERO CHEMICAL DISTRIBUTORS INC 198.45 357524 08/31/2017 RICOH USA INC 162.98 357525 08/31/2017 RICOH USA INC 8.86 357526 08/31/2017 KIMLEY HORN&ASSOC INC 2,386.30 357527 08/31/2017 VELDE FORD INC 258.79 357528 08/31/2017 SAFETY PRODUCTS INC 975.77 357529 08/31/2017 STEWART MATERIALS INC 4,883.15 357530 08/31/2017 AT&T WIRELESS 120.94 357531 08/31/2017 DATA FLOW SYSTEMS INC 5,277.10 357532 08/31/2017 PARALEE COMPANY INC 500.00 357533 08/31/2017 E-Z BREW COFFEE&BOTTLE WATER SVC 6.49 357534 08/31/2017 GRAINGER 233.12 357535 08/31/2017 KELLY TRACTOR CO 5,986.18 357536 08/31/2017 SAFETY KLEEN SYSTEMS INC 213.29 357537 08/31/2017 GRAYBAR ELECTRIC 648.65 357538 08/31/2017 AMERIGAS EAGLE PROPANE LP 302.64 357539 08/31/2017 AM.ERIGAS EAGLE PROPANE LP 846.77 357540 08/31/2017 HACH CO 533.02 357541 08/31/2017 LFI FORT PIERCE INC 1,127.15 357542 08/31/2017 LFI FORT PIERCE INC 2,095.78 357543 08/31/2017 CLIFF BERRY INC 242.50 357544 08/31/2017 ALLIED ELECTRONICS INC 863.66 357545 08/31/2017 HD SUPPLY WATERWORKS,LTD 13,731.50 357546 08/31/2017 BOUND TREE MEDICAL LLC 16,022.39 357547 08/31/2017 VERO INDUSTRIAL SUPPLY INC 87.50 357548 08/31/2017 ANIMAL CARE EQUIPMENT&SERVICES 184.60 357549 08/31/2017 DIVE RESCUE INTERNATIONAL INC 496.11 357550 08/31/2017 TIRESOLES OF BROWARD INC. 1,024.69 357551 08/31/2017 PRECISION SMALL ENGINE CO INC 462.97 357552 08/31/2017 DELL MARKETING LP 5,728.49 357553 08/312017 THE GOODYEAR TIRE&RUBBER COMPANY 2,808.94 357554 08/31/2017 BAKER&TAYLOR INC 1,165.82 357555 08/31/2017 MIDWEST TAPE LLC 1,730.81 357556 08/31/2017 MWI CORP 1,533.45 357557 08/31/2017 MICROMA.RKETING LLC 448.28 357558 08/31/2017 VERO COLLISION CENTER 8,775.75 357559 08/31/2017 TY COBB SERVICE INC 90.00 357560 08/31/2017 BAKER DISTRIBUTING CO LLC 93.60 357561 08/312017 PALM TRUCK CENTERS INC 854.11 357562 08/312017 JIMMYS AIR& REFRIGERATION INC 360.75 357563 08/31/2017 GO COASTAL INC 150.00 357564 08/31/2017 SOFTWARE HARDWARE INTEGRATION 328.00 357565 08/31/2017 RICHARD C TI-IERIEN 500.00 357566 08/31/2017 TINDALE-OLIVER&ASSOCIATES INC 1,413.15 357567 08/31/2017 PING INC 836.02 1 P35 • TRANS NBR DATE VENDOR AMOUNT 357568 08/31/2017 INDIAN RIVER COUNTY HEALTH DEPT 734.00 357569 08/31/2017 INDIAN RIVER COUNTY HEALTH DEPT 132.00 357570 08/31/2017 CITY OF VERO BEACH 10,721.61 357571 08/31/2017 CITY OF VERO BEACH 2,500.00 357572 08/31/2017 LANDIA INC 18,823.00 357573 08/31/2017 UNITED PARCEL SERVICE INC 20.18 357574 08/31/2017 FERGUSON ENTERPRISES INC 2,677.57 357575 08/31/2017 LIVINGSTON PAGE 40.00 357576 08/31/2017 HENRY FISCHER& SONS INC 660.00 357577 08/31/2017 PUBLIX SUPERMARKETS 20.10 357578 08/31/2017 PUBLIX SUPERMARKETS 6.75 357579 08/31/2017 PUBLIX SUPERMARKETS 59.42 357580 08/31/2017 INTERNATIONAL GOLF MAINTENANCE INC 88,148.43 357581 08/31/2017 GEOSYNTEC CONSULTANTS INC 1;731.72 357582 08/31/2017 FEDERAL EXPRESS CORP 32.99 357583 08/31/2017 JOHN KING 237.86 357584 08/31/2017 FLORIDA POWER AND LIGHT 25,619.23 357585 08/31/2017 FLORIDA POWER AND LIGHT 2,499.42 357586 08/31/2017 GIFFORD YOUTH ACHIEVEMENT CENTER INC 11,705.12 357587 08/31/2017 WASTE MANAGEMENT INC 183,767.28 357588 08/31/2017 JASON E BROWN 35.00 357589 08/31/2017 SHERILEE D PARSELL 178.00 357590 08/31/2017 BUILDING OFFICIALS ASSOC OF FLORIDA 444.24 357591 08/31/2017 FLORIDA STATE GOLF ASSOCIATION 877.00 357592 08/31/2017 KENNETH JAMES BINGHAM JR 60.00 357593 08/31/2017 INDIAN RIVER FARMS WATER CNTRL DIST 200.00 357594 08/31/2017 ALAN C KAUFFMANN 200.00 357595 08/31/2017 JOHN BROWN& SONS INC 4,000.00 357596 08/31/2017 BLUE CROSS BLUE SHIELD 318.87 357597 08/31/2017 IN WATER RESEARCH GROUP INC 3,000.00 357598 08/31/2017 HUMANA 245.75 357599 08/3I/20I7 FLORIDA LEGISLATURE 600.00 357600 08/31/2017 BRIDGESTONE AMERICAS INC 517.60 357601 08/31/2017 ECONOLITE CONTROL PRODUCTS INC 2,708.00 357602 08/31/2017 RUSSELL PAYNE INC 213.57 357603 08/31/2017 ANIXTER INC 340.00 357604 08/31/2017 AAC BUILDERS INC 4,096.00 357605 08/31/2017 CINTAS CORPORATION NO 2 244.52 357606 08/31/2017 VAN WAL INC 100.00 357607 08/31/2017 BIG BROTHERS AND BIG SISTERS 625.00 357608 08/31/2017 BIG BROTHERS AND BIG SISTERS 2,852.05 357609 08/31/2017 FLORIDA RURAL LEGAL SERVICES INC 3,937.52 357610 08/31/2017 THE SHERWIN WILLIAMS CO 724.70 357611 08/31/2017 THOMPSON PUMP 9,710.00 357612 08/31/2017 MBV ENGINEERING INC 8,300.00 357613 08/31/2017 CENTRAL PUMP&SUPPLY INC 370.45 357614 08/31/2017 MASTELLER&MOLER INC 3,915.75 357615 08/31/2017 STAPLES CONTRACT&COMMERCIAL INC 391.28 357616 08/31/2017 GLOVER OIL COMPANY INC 13,177.56 357617 08/31/2017 GARY L EMBREY 40.00 357618 08/31/2017 ORCHID ISLAND PROPERTY MGMT 11 INC 1,639.00 357619 08/31/2017 1ST FIRE& SECURITY INC 422.48 357620 08/31/2017 MICHAEL W El RLS 2,600.00 357621 08/31/2017 JOHNNY B SMITH 150.00 357622 08/31/2017 MOORE MEDICAL LLC 2,979.92 357623 08/31/2017 GLOBALSTAR USA 146.66 357624 08/31/2017 CHARLES A WALKER 100.00 357625 08/31/2017 AQUA-AEROBIC SYSTEMS INC 3,127.05 357626 08/31/2017 CEMEX 3,691.00 357627 08/31/2017 GEORGE MARTIN 94.14 i2 - -- r36 TRANS NBR DATE VENDOR AMOUNT 357628 08/31/2017 GREGORY J MCCARTY 500.00 357629 08/31/2017 BILLYS AUTO SERVICE 345.21 357630 08/31/2017 DANA SAFETY SUPPLY INC 132.60 357631 08/31/2017 K'S COMMERCIAL CLEANING 16,954.08 357632 08/31/2017 NICOLACE MARKETING INC 1,369.00 357633 08/31/2017 WINSUPPLY OF VERO BEACH 558.33 357634 08/31/2017 HMA-SOLANTIC JOINT VENTURE LLC DBA 180.00 357635 08/31/2017 TITANIA GOLF INC 523.00 357636 08/31/2017 CREATIVE POWER SOLUTIONS INC 920.00 357637 08/31/2017 TREASURE COAST MOTOR CYCLE CENTER INC 283.31 357638 08/31/2017 DATA TRANSFER SOLUTIONS LLC 7,200.00 357639 08/31/2017 ALAN JAY CHEVROLET CADILLAC 26,301.20 357640 08/31/2017 MOORE MOTORS INC 86.98 357641 08/31/2017 FREEDOM HEALTH 293.47 357642 08/31/2017 JOSHUA HARVEY GHIZ 1,927.98 357643 08/31/2017 NEWSOM OIL COMPANY 561.00 357644 08/31/2017 LOWES HOME CENTERS INC 2,133.67 357645 08/31/2017 MUNICIPAL EMERGENCY SERVICES INC 112.50 357646 08/31/2017 ALEX MIKLO 110.00 357647 08/31/2017 BURNETT LIME CO INC 9,667.00 357648 08/31/2017 TREASURE COAST TURF INC 675.00 357649 08/31/2017 PENGUIN RANDOM HOUSE LLC 262.65 357650 08/31/2017 CARMEN LEWIS 100.00 357651 08/31/2017 STRAIGHT OAK LLC 434.85 357652 08/31/2017 KANSAS STATE BANK OF MANHATTAN 1,781.14 357653 08/31/2017 C E R SIGNATURE CLEANING 850.00 357654 08/31/2017 ALEXIS PERA LTA 31.97 • 357655 08/31/2017 CH.EMTRADE CHEMICALS CORPORTATION 2,181.72 357656 08/31/2017 SAMBA HOLDINGS INC 3,186.24 357657 08/312017 WADE WILSON 120.00 357658 08/312017 DUININCK INC 221,350.00 357659 08/31/2017 FORTILINE INC 6,401.11 357660 08/31/2017 THE LAW OFFICES OF 881.00 357661 08/31/2017 BERNARD EGAN&COMPANY 7,025.55 357662 08/31/2017 RONALD NICH.ELSON 100.00 357663 08/31/2017 RELIANT FIRE SYSTEMS INC 1,305.00 357664 08/31/2017 COBRA GOLF INCORPORATED 3,493.99 357665 08/31/2017 CORNERSTONE FAMILY SERVICES OF WEST VIRGINIA 850.00 357666 08/31/2017 HAWKINS INC 1,007.75 357667 08/31/2017 JOSEPH DIZONNO 120.00 357668 08/31/2017 MOLINA HEALTHCARE MEDICAID 102.74 357669 08/31/2017 RONALD RENNICK 495.00 357670 08/31/2017 TR!BOND LLC 8,167.44 357671 08/31/2017 CATHEDRAL CORPORATION 22,702.00 357672 08/31/2017 GERELCO TRAFFIC CONTROLS INC 32,416.53 357673 08/31/2017 UNIFIRST CORPORATION 979.46 357674 08/31/2017 MSDS ONLINE 3,599.00 357675 08/31/2017 SITEONE LANDSCAPE SUPPLY LLC 104.45 357676 08/31/2017 GOTTA GO GREEN ENTERPISES INC 56.54 357677 08/31/2017 HYDROMAX USA LLC 27,144.78 357678 08/31/2017 ADVANCE STORES COMPANY INCORPORATED 273.85 357679 08/31/2017 THE GIFFORD FLORIDA YOUTH ORCHESTRA 2,884.10 357680 08/31/2017 .DENISE GILLESPIE 190.00 357681 08/31/2017 EGP DOCUMENT SOLUTIONS LLC 1,072.00 357682 08/31/2017 WURTH USA INC 37.50 357683 08/31/2017 RUSSELL L OWEN III 40.00 357684 08/31/2017 SIEVES FROZEN CHILLERS OF FLORIDA SPACE COAST 546.00 357685 08/31/2017 NWI RECYCLING INC 3,504.22 357686 08/31/2017 RECYCLE ACROSS AMERICA 846.00 357687 08/31/2017 AC VETERINARY SPECIALTY SERVICES 308.35 3 P37 TRANS NBR • DATE VENDOR AMOUNT 357688 08/31/2017 EDWARD ILLIDGE 120.00 357689 08/31/2017 CDW LLC 439.72 357690 08/31/2017 ASPHALT PAVING SYSTEMS INC 46,494.65 357691 08/31/2017 MAGELLAN COMPLETE MEDICAID 88.42 357692 08/31/2017 MATHESON TRI-GAS INC 3.997.50 357693 08/31/2017 PEOPLE READY INC 23,579.05 357694 08/31/2017 KEITH ADAMS 100.00 357695 08/31/2017 ROBERT O RICHARDSON III 170.00 357696 08/31/20I7 IBIS GARDENS APTS LLC 500.00 357697 08/31/2017 PIT STOP CYCLE INC 282.80 357698 08/31/2017 EMILY GOUGE 120.00 357699 08/31/2017 HANNABRI SERVICES INC 4,750.20 357700 08/31/2017 AQSEPTENCE GROUP INC 704.07 357701 08/312017 STRIVING 4 SUCCESS 1,673.20 357702 08/312017 COLE AUTO SUPPLY INC 610.35 357703 08/31/2017 MARISA ALEXANDER 32.00 357704 08/31/2017 CANON FINANCIAL SERVICES INC 241.72 357705 08/31/2017 GARLAND DBS INC 1,767.00 357706 08/31/2017 GARLAND DBS INC 583.66 357707 08/31/2017 TERRELL W BALL 93.12 357708 08/31/2017 BETH NOLAN 70.00 357709 08/31/2017 FLUKE ELECTRONICS CORP 200.00 357710 08/31/2017 THOMAS R PILIERO 64.00 357711 08/31/2017 AUTOMOTIVE SERVICE EQUIPMENT LLC 6,135.00 357712 08/31/2017 DAVE FORD PAINTING INC 2,750.00 357713 08/31/2017 NESTLE WATERS NORTH AMERICA 100.78 357714 08/31/2017 GARY D GESTEWITZ 275.00 357715 08/31/2017 JD POWER 115.00 357716 08/31/2017 BRAY SALES INC1,441.13 357717 08/31/2017 CAROL WAILES 329.20 357718 08/31/2017 WALTER UNGERBUECHLER 80.04 357719 08/312017 VIRGINIA W RUSSELL 75.01 357720 08/31/2017 JUDITH PALMER 92.10 357721 08/31/2017 STUART RUBBER STAMP&SIGN CO INC 86.38 357722 08/31/2017 4206 TWENTIETH ASSOCIATES LLC 500.00 357723 08/31/2017 RUSSELL PODGORNY 75.00 357724 08/31/2017 PRECISION GRADING SERVICES LLC 75.00 357725 08/31/2017 EVELYN MC MANUS 76.17 357726 08/31/2017 ROSANNE B MCABOY 96.91 357727 08/31/2017 KASIMIRAA MAZZARELLA 438.92 357728 08/31/2017 DOROTHY C FRUTIG 98.80 357729 08/31/2017 ROBERT K FLYNN 93.23 357730 08/312017 JACK DROBISH 110.53 357731 08/31/2017 JEANETTE BRINKERHOFF 104.93 357732 08/31/2017 BRITTANY L BOYLES 100.72 357733 08/31/2017 JOHN C COLLINS 500.00 357734 08/31/2017 MICHAELAJOHEJL 9,506.28 Grand Total: 1,312,607.77 4 - P38 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 5354 08/25/2017 VEROTOWN LLC 30,532.89 5355 08/25/2017 SENIOR RESOURCE ASSOCIATION 20,758.00 5356 08/25/2017 BENEFITS WORKSHOP 6,293.43 5357 08/25/2017 NATIONWIDE SOLUTIONS RETIREMENT INC 1,676.15 5358 08/25/2017 NATIONWIDE SOLUTIONS RETIREMENT INC 27,594.42 5359 08/25/2017 FLORIDA LEAGUE OF CITIES,INC 4,228.73 5360 08/25/2017 ICMA RETIREMENT CORPORATION 12,629.45 5361 08252017 TEAMSTERS LOCAL UNION#769 5,471.00 5362 08/25/2017 IRC FIRE FIGHTERS ASSOC 6,720.00 5363 08/25/2017 ICMA RETIREMENT CORPORATION 2.210.00 5364 08/25/2017 INTEGRITY LAWNS LLC 1,750.00 5365 08/25/2017 C E R SIGNATURE CLEANING 5,000.00 5366 08/25/2017 KIMLEY HORN&ASSOC INC 13,639.58 5367 08/25/2017 CDM SMITH INC 11,931.10 5368 0825/2017 CDM SMITH INC 2,696.30 5369 08252017 KIMLEY HORN&ASSOC INC 27,232.00 5370 08252017 1 R C HEALTH INSURANCE-TRUST 576,037.40 5371 08/28/2017 BLUE CROSS& BLUE SHIELD OF FLORIDA INC 35,464.50 5372 08/28/2017 BLUE CROSS&BLUE SHIELD OF FLORIDA INC 18,147.60 5373 08/28/2017 WEST HEALTH ADVOCATE SOLUTIONS INC 1,171.50 5374 0828/2017 CHARD SNYDER&ASSOCIATES INC 284.00 5375 08/28/2017 FL SDU 5,930.52 5376 08/28/2017 IRS-PAYROLL TAXES 410,644.36 5377 08/31/2017 WHITNEY BANK 1,043,133.50 5378 08/31/2017 BANK OF NEW YORK 2,440,500.00 Grand Total: 4,711,676.43 . I P39 CONSENT Q' INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Honorable Board of County Commissioners THROUGH: Jason E. Brown, County Administrator THROUGH: John King, Director Department of Emergency Services FROM: Etta LoPresti, Emergency Management Coordinator Department of Emergency Services DATE: August 21, 2017 SUBJECT: Acceptance and Approval of Expenditures for Emergency Management Federally- Funded Subgrant Agreement (EMPG) 18-FG-XX-10-40-01-XXX It is respectfully requested that the information contained herein be given formal consideration by the Board of County Commissioners at the next scheduled meeting. DESCRIPTION AND CONDITIONS: The intent of the EMPG Base Grant Agreement is to provide each county with the means to successfully maintain and operate an Emergency Management Program. Counties must be able to prepare for, respond to, recover from, and mitigate against natural and man-made disasters/ emergencies. EMPG Base Grant funding is intended to enhance county emergency management plans and programs that are consistent with the State Comprehensive Emergency Management Plan and Program (reference Rule Chapter 27P-6, Florida Administrative Code and Chapter 252, Florida Statutes). The Scope of Work recognizes that each recipient is at a varying level of preparedness, and it is understood that each county has a unique geography, faces unique threats and hazards, and serves a unique population. The Florida Division of Emergency Management provides funding to Indian River County Emergency Management. The total funding allocated with this agreement (18-FG-XX-10-40-01-XXX) is $77,858.00. EMPG allowable costs are divided into the following categories as referenced in the 2016-2019 Emergency Management Strategic Plan: organizational, planning, training, exercise & equipment. FUNDING: This is a 100% funded agreement and no match is required by Indian River County. The term of the agreement is from July 1, 2017 through June 30, 2018. The state recognizes line-item changes may occur after execution of the contract(i.e.due to cost savings or reprioritization by the FDEM), with their written approval. For these reasons, staff requests authorization to make these adjustments rather than return the funding for reallocation to other counties. P40 Item Amount Account Number Software Services $32,020.00 00120825-035120-05050 (Annual recurring costs - "Sole Source") • ShareFile (Citrix Online LLC) $840.00 • WebEOC (ESI Acquisition, Inc.) $28,734.00 • VueToo (FGX LLC) $2,446.00 EOC AN Upgrade—replacement of equipment $45,838.00 00120825-066490-05050 TOTAL $77,858.00 RECOMMENDATION: Staff recommends the acceptance of the Federally Funded Subgrant Agreement (18-FG-XX-10- 40-01-XXX), associated expenditures and authorization for the Chairman to execute this agreement between Indian River County Emergency Management and the State of Florida Division of Emergency Management. ATTACHMENTS: 1. Budget Office Grant Form 2. Three (3) Original Copies of EMPG Agreement(18-FG-XX-10-40-01-XXX) P41 GRANT NAME: EMPG Grant GRANT#I 8-FG-XX-10-40-01-XXX AMOUNT OF GRANT:$ 77,858.00 DEPARTMENT RECEIVING GRANT: Emergency Services CONTACT PERSON: John King PHONE NUMBER: 772-226-3859 1. How long is the grant for? 1 year Starting Date: July 1,2017 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 N/A 0% 5. Grant match amount required$ N/A 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? N/A Yes No If no,how much do you think will be needed in capital costs or startup costs? (Attach a detail listing of costs) $ N/A 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 N/A N/A N/A N/A N/A 011.13 Other Salaries&Wages(PT) N/A N/A N/A N/A N/A 012.11 Social Security N/A N/A N/A N/A N/A 012.12 Retirement-Contributions N/A N/A NIA N/A N/A 012.13 Insurance-Life&Health N/A N/A N/A N/A N/A 012.14 Worker's Compensation N/A N/A N/A N/A N/A 012.17 S/Sec.Medicare Matching N/A N/A N/A N/A N/A TOTAL N/A N/A N/A N/A N/A 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 N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A 10. What is the estimated cost of the grant to the county over five years?S N/A Grant Other Match Costs First Year $N/A $N/A S N/A $N/A Second Year S N/A $NIA $N/A S N/A Third Year $N/A S N/A S N/A $N/A Fourth Year S N/A $N/A $N/A $N/A Fifth Year $N/A / $N/A S N/A S N/A Signature of Preparer: \t _, Date: August 2,2017 P42 • Contract Number: 18-FG- -10-40-01- FEDERALLY-FUNDED SUBAWARD AND GRANT AGREEMENT 2 C.F.R.§200.92 states that a"subaward may be provided through any form of legal agreement, including an agreement that the pass-through entity considers a contract." As defined by 2 C.F.R.§200.74,"pass-through entity"means"a non-Federal entity that provides a subaward to a subrecipient to carry out part of a Federal program." As defined by 2 C.F.R.§200.93,°Sub-Recipient"means°a non-Federal entity that receives a subaward from a pass-through entity to carry out part of a Federal program." As defined by 2 C.F.R.§200.38,"Federal award"means"Federal financial assistance that a non-Federal entity receives directly from a Federal awarding agency or indirectly from a pass-through entity." As defined by 2 C.F.R.§200.92,"subaward'means"an award provided by a pass-through entity to a subrecipient for the subrecipient to carry out part of a Federal award received by the pass-through entity.° The following information is provided pursuant to 2 C.F.R.§200.331(a)(1): Sub-Recipient's name: Indian River County Sub-Recipient's unique entity identifier(DUNS): 07-920-8989 Federal Award Identification Number(FAIN): Federal Award Date: Subaward Period of Performance Start and End Date: July 1,2017—June 30.2018 Amount of Federal Funds Obligated by this Agreement: $77,858.00 Total Amount of Federal Funds Obligated to the Sub-Recipient by the pass-through entity to include this Agreement $77.858.00 Total Amount of the Federal Award committed to the Sub-Recipient by the pass-through entity: $15.865.902 Federal award project description(see FFATA):The purpose of the Emergency Manaqement Performance Grant(EMPG) Program is to provide federal funds to states to assist state,local,territorial,and tribal qovemments in preparing for all hazards, as authorized by Section 662 of the Post Katrina Emergency Management Reform Act(6 U.S.C.$762)and the Robert T. Stafford Disaster Relief and Emergency Assistance Act(42 U.S.C.4$5121 et seg.).Title VI of the Stafford Act authorizes . DHS/FEMA to make grants for the purpose of providing a system of emergency preparedness for the protection of life and property in the United States from hazards and to vest responsibility for emergency preparedness jointly in the Federal Government,states,and their political subdivisions.The Federal Government,through the EMPG Program,provides necessary direction,coordination,and guidance,and provides necessary assistance,as authorized in this title,to support a comprehensive all hazards emergency preparedness system.The FY 2016 EMPG will provide federal funds to assist state, local,tribal,and territorial emergency management agencies to obtain the resources required to support the National Preparedness Goal's(the Goal's)associated mission areas and core capabilities.The EMPG program supports the Quadrennial Homeland Security Review Mission to Strengthen National Preparedness and Resilience. Name of Federal awarding agency: The Department of Homeland Security(DHS) Name of pass-through entity. Florida Division of Emergency Management Contact information for the pass-through entity: 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 Catalog of Federal Domestic Assistance(CFDA)Number and Name: 97.042 Whether the award is Research&Development: No(N/A) Indirect cost rate for the Federal award: 24.13% 1 P43 THIS AGREEMENT is entered into by the State of Florida, Division of Emergency Management, with headquarters in Tallahassee, Florida(hereinafter referred to as the"Division"), and Indian River County, (hereinafter referred to as the"Sub-Recipient"). For the purposes of this Agreement,the Division serves as the pass-through entity for a Federal award, and the Sub-Recipient serves as the recipient of a sub-award. THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS: 9 The Sub-Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein; > The State of Florida received these grant funds from the Federal government,and the Division has the authority to subgrant these funds to the Sub-Recipient upon the terms and conditions outlined below; and, ➢ The Division has statutory authority to disburse the funds under this Agreement. THEREFORE,the Division and the Sub-Recipient agree to the following: 1. LAWS, RULES, REGULATIONS AND POLICIES The Division and the Sub-Recipient shall be governed by all applicable State and Federal laws, rules and regulations, including those identified in Attachment C. Any express reference in this Agreement to a particular statute, rule, or regulation in no way implies that no other statute, rule, or regulation applies. A. The Sub-Recipient's performance under this Agreement is subject to 2 C.F.R. Part 200, entitled"Uniform Administrative Requirements,Cost Principles,and Audit Requirements for Federal Awards." B. 2 C.F.R. §200.302 provides: "Each state must expend and account for the Federal award in accordance with state laws and procedures for expending and accounting for the state's own funds." Therefore, section 215.971, Florida Statutes, entitled"Agreements funded with federal or state assistance", applies to this Agreement. C. This Agreement involves"Federal financial assistance,"as that term is defined in section 215.97(2)(f), Florida Statutes. D. As required by Section 215.971(1), Florida Statutes, this Agreement includes: (1) A provision specifying a scope of work that clearly establishes the tasks that the Sub-Recipient is required to perform. (2) A provision dividing the agreement into quantifiable units of deliverables that must be received and accepted in writing by the Division before payment. Each deliverable must be directly related to the scope of work and specify the required minimum level of service to be performed and the criteria for evaluating the successful completion of each deliverable. (3) A provision specifying the financial consequences that apply if the Sub-Recipient fails to perform the minimum level of service required by the agreement. 2 • P44 (4) A provision specifying that the Sub-Recipient may expend funds only for allowable costs resulting from obligations incurred during the specified agreement period. (5) A provision specifying that any balance of unobligated funds which has been advanced or paid must be refunded to the Division. (6) A provision specifying that any funds paid in excess of the amount to which the Sub-Recipient is entitled under the terms and conditions of the agreement must be refunded to the Division. 2. TERMS AND CONDITIONS This Agreement,to include the attachments, contains all the terms and conditions agreed upon by the parties,which terms and conditions shall govern all transactions between the Division and the Sub-Recipient. 3. EXECUTION This Agreement may be executed in counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 4. MODIFICATION This Agreement may only be modified or amended upon mutual written agreement of the Division and the Sub-Recipient. No oral agreements or representations shall be valid or binding upon either party to this Agreement. 5. SCOPE OF WORK The Sub-Recipient shall perform the work in accordance with the Budget and Scope of Work, Attachment A and Attachment B of this Agreement. 6. CONTACT A. In accordance with section 215.971(2), Florida Statutes,the Division's Grant Manager shall be responsible for enforcing performance of this Agreement's terms and conditions and shall serve as the Division's liaison with the Sub-Recipient. As part of his/her duties, the Grant Manager for the Division shall: (1) Monitor and document Sub-Recipient performance;and, (2) Review and document all deliverables for which the Sub-Recipient requests payment. B. The Division's Grant Manager for this Agreement is: Joshua Bradt 2555 Shumard Oak Boulevard Tallahassee, Fl 32399 • Telephone: 850-813-4348 Email:Joshua.bradt@em.myflorida.com 3 P45 C. The name and address of the Representative of the Sub-Recipient responsible for the administration of this Agreement is: John King 4225 43rd Avenue Vero Beach, FL 32967-1671 Telephone: 772-226-3859 Fax:772-567-9323 Email:jking@ircgov.com D. In the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of the name,title and address of the new representative will be provided to the other party. 7. PERIOD OF AGREEMENT. This Agreement shall begin on July 1,2017 and shall end on June 30,2018, unless terminated earlier in accordance with the provisions of Paragraph(19)of this Agreement. Consistent with the definition of"period of performance"contained in 2 C.F.R. §200.77, the term"period of agreement" refers to the time during which the Sub-Recipient"may incur new obligations to carry out the work authorized under"this Agreement. In accordance with 2 C.F.R. §200.309, the Sub- Recipient may receive reimbursement under this Agreement only for"allowable costs incurred during the period of performance." In accordance with section 215.971(1)(d), Florida Statutes,the Sub-Recipient may expend funds authorized by this Agreement"only for allowable costs resulting from obligations incurred during"the period of agreement. 8. FUNDING A. This is a cost-reimbursement Agreement, subject to the availability of funds. B. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with either Chapter 216, Florida Statutes, or the Florida Constitution. C. The Division will reimburse the Sub-Recipient only for allowable costs incurred by the Sub-Recipient in the successful completion of each deliverable. The maximum reimbursement amount for each deliverable is outlined in Attachment A and Attachment B of this Agreement("Budget and Scope of Work"). The maximum reimbursement amount for the entirety of this Agreement is$77,858.00. D. As required by 2 C.F.R. §200.415(a),any request for payment under this Agreement must include a certification, signed by an official who is authorized to legally bind the Sub-Recipient, which reads as follows: "By signing this report, I certify to the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any false,fictitious,or fraudulent information,or the omission of any material fact, may subject me to criminal, 4 P46 civil or administrative penalties for fraud,false statements,false claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and 3801-3812)." E. If authorized by the Federal Awarding Agency,then the Division will reimburse the Sub-Recipient for overtime expenses in accordance with 2 C.F.R. §200.430("Compensation—personal services")and 2 C.F.R. §200.431 ("Compensation—fringe benefits"). If the Sub-Recipient seeks reimbursement for overtime expenses for periods when no work is performed due to vacation, holiday, illness,failure of the employer to provide sufficient work, or other similar cause(see 29 U.S.C. §207(e)(2)),then the Division will treat the expense as a fringe benefit. 2 C.F.R. §200.431(a)defines fringe benefits as"allowances and services provided by employers to their employees as compensation in addition to regular salaries and wages." Fringe benefits are allowable under this Agreement as long as the benefits are reasonable and are required by law, Sub-Recipient-employee agreement,or an established policy of the Sub-Recipient. 2 C.F.R. §200.431(b)provides that the cost of fringe benefits in the form of regular compensation paid to employees during periods of authorized absences from the job, such as for annual leave,family-related leave, sick leave, holidays,court leave, military leave, administrative leave, and other similar benefits, are allowable if all of the following criteria are met: (1) They are provided under established written leave policies; (2) The costs are equitably allocated to all related activities, including Federal awards;and, (3) The accounting basis(cash or accrual)selected for costing each type of leave is consistently followed by the non-Federal entity or specified grouping of employees. • F. If authorized by the Federal Awarding Agency,then the Division will reimburse the Sub-Recipient for travel expenses in accordance with 2 C.F.R. §200.474. As required by the Reference Guide for State Expenditures, reimbursement for travel must be in accordance with section 112.061, Florida Statutes,which includes submission of the claim on the approved state travel voucher. If the Sub- Recipient seeks reimbursement for travel costs that exceed the amounts stated in section 112.061(6)(b), Florida Statutes($6 for breakfast, $11 for lunch,and$19 for dinner),then the Sub-Recipient must provide documentation that: (1) The costs are reasonable and do not exceed charges normally allowed by the Sub-Recipient in its regular operations as a result of the Sub-Recipient's written travel policy; and, (2) Participation of the individual in the travel is necessary to the Federal award. G. If authorized by the Federal Awarding Agency,then the Division will reimburse the Sub-Recipient for attendance at a conference. (1) 2 C.F.R. §200.432 defines the term conference as"a meeting, retreat, seminar, symposium,workshop or event whose primary purpose is the dissemination of technical information beyond the non-Federal entity and is necessary and reasonable for successful performance under the Federal award." 5 P47 (2) Any reimbursement from the Division to the Sub-Recipient for the costs associated with attending a conference is subject to the Department of Financial Services'Reference Guide for State Expenditures,which states: "Reimbursement for registration fees and travel expenses in connection with attendance at conferences or conventions will not be paid unless: a) "The main purpose of the convention or conference is directly related to the statutory duties and responsibilities of the agency; b) "The duties and responsibilities of the traveler is related to the objectives of the convention or conference; and, c) "The activity provides a direct benefit supporting the work and public purpose of the person attending." 9. PAYMENTS A. Invoices shall be submitted at least quarterly and shall include the supporting documentation for all costs of the project or services. The final invoice shall be submitted within sixty(60) days after the expiration date of the agreement. An explanation of any circumstances prohibiting the submittal of quarterly invoices shall be submitted to the Division grant manager as part of the Sub- Recipient's quarterly reporting as referenced in Paragraph 15 of this Agreement. B. As required by 2 C.F.R. §200.415(a), any request for payment under this Agreement must include a certification, signed by an official who is authorized to legally bind the Sub-Recipient, which reads as follows: °By signing this report, I certify to the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any false,fictitious,or fraudulent information,or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud,false statements, false claims or otherwise. (U.S. Code Title 18, . Section 1001 and Title 31, Sections 3729-3730 and 3801-3812)." C. The Division will review any request for reimbursement by comparing the documentation provided by the Sub-Recipient against a performance measure, outlined in Attachment A and Attachment B, that clearly delineates: (1) The required minimum acceptable level of service to be performed;and, (2) The criteria for evaluating the successful completion of each deliverable. D. The Division's grant manager, as required by section 215.971(2)(c), Florida Statutes, shall reconcile and verify all funds received against all funds expended during the grant agreement period and produce a final reconciliation report. The final report must identify any funds paid in excess of the expenditures incurred by the Sub-Recipient. E. As defined by 2 C.F.R. §200.53,the term"improper payment"means or includes: 6 P48 (1) Any payment that should not have been made or that was made in an incorrect amount(including overpayments and underpayments) under statutory, contractual, administrative, or other legally applicable requirements;and, (2) Any payment to an ineligible party, any payment for an ineligible good or service, any duplicate payment, any payment for a good or service not received (except for such payments where authorized by law), any payment that does not account for credit for applicable discounts, and any payment where insufficient or lack of documentation prevents a reviewer from discerning whether a payment was proper. F. Any advance payment under this Agreement is subject to 2 C.F.R. §200.305 and, as applicable, section 216.181(16), Florida Statues. All advances are required to be held in an interest- bearing account. If an advance payment is requested,the budget data on which the request is based and a justification statement shall be included in this Agreement as Attachment E. Attachment E will specify the amount of advance payment needed and provide an explanation of the necessity for and proposed use of these funds. No advance shall be accepted for processing if a reimbursement has been paid prior to the submittal of a request for advanced payment. After the initial advance, if any, payment shall be made on a reimbursement basis as needed. G. If the necessary funds are not available to fund this Agreement as a result of action by the United States Congress, the federal Office of Management and Budgeting,the State Chief Financial Officer or under subparagraph (9)B. of this Agreement, all obligations on the part of the Division to make any further payment of funds shall terminate, and the Sub-Recipient shall submit its closeout report within thirty days of receiving notice from the Division. 10. REPAYMENTS A. All refunds or repayments due to the Division under this Agreement are to be made payable to the order of"Division of Emergency Management", and mailed directly to the following address: Division of Emergency Management Cashier 2555 Shumard Oak Boulevard Tallahassee FL 32399-2100 B. In accordance with Section 215.34(2), Florid Statutes, if a check or other draft is returned to the Division for collection,Sub-Recipient shall pay the Division a service fee of$15.00 or 5% of the face amount of the returned check or draft,whichever is greater. 11. PROCUREMENT A. The Sub-Recipient shall ensure that any procurement involving funds authorized by the Agreement complies with all applicable federal and state laws and regulations, to include 2 C.F.R. • 7 P49 H200.318 through 200.326 as well as Appendix II to 2 C.F.R. Part 200(entitled"Contract Provisions for Non-Federal Entity Contracts Under Federal Awards"). B. As required by 2 C.F.R. §200.318(b), the Sub-Recipient shall"maintain records sufficient to detail the history of procurement. These records will include, but are not necessarily limited to the following: rationale for the method of procurement, selection of contract type, contractor selection or rejection, and the basis for the contract price." - C. As required by 2 C.F.R.§200.318(i),the Sub-Recipient shall"maintain oversight to ensure that contractors perform in accordance with the terms, conditions, and specifications of their contracts or purchase orders." In order to demonstrate compliance with this requirement,the Sub- Recipient shall document, in its quarterly report to the Division,the progress of any and all subcontractors performing work under this Agreement. D. Except for procurements by micro-purchases pursuant to 2 C.F.R. §200.320(a)or procurements by small purchase procedures pursuant to 2 C.F.R. §200.320(b), if the Sub-Recipient chooses to subcontract any of the work required under this Agreement,then the Sub-Recipient shall forward to the Division a copy of any solicitation(whether competitive or non-competitive) at least fifteen (15)days prior to the publication or communication of the solicitation. The Division shall review the solicitation and provide comments, if any,to the Sub-Recipient within three(3)business days. Consistent with 2 C.F.R. §200.324,the Division will review the solicitation for compliance with the procurement standards outlined in 2 C.F.R. §§200.318 through 200.326 as well as Appendix II to 2 C.F.R. Part 200. Consistent with 2 C.F.R. §200.318(k), the Division will not substitute its judgment for that of the Sub- Recipient. While the Sub-Recipient does not need the approval of the Division in order to publish a competitive solicitation,this review may allow the Division to identifydeficiencies in the vendor requirements or in the commodity or service specifications. The Division's review and comments shall not constitute an approval of the solicitation. Regardless of the Division's review, the Sub-Recipient remains bound by all applicable laws, regulations, and agreement terms. If during its review the Division identifies any deficiencies, then the Division shall communicate those deficiencies to the Sub-Recipient as quickly as possible within the three(3)business day window outlined above. If the Sub-Recipient publishes a competitive solicitation after receiving comments from the Division that the solicitation is deficient, then the Division may: (1) Terminate this Agreement in accordance with the provisions outlined in paragraph 19 below; and, (2) Refuse to reimburse the Sub-Recipient for any costs associated with that solicitation. E. Except for procurements by micro-purchases pursuant to 2 C.F.R. §200.320(a)or procurements by small purchase procedures pursuant to 2 C.F.R. §200.320(b), if the Sub-Recipient chooses to subcontract any of the work required under this Agreement, then the Sub-Recipient shall 8 P50 forward to the Division a copy of any contemplated contract prior to contract execution. The Division shall review the unexecuted contract and provide comments, if any,to the Sub-Recipient within three(3) business days. Consistent with 2 C.F.R.§200.324, the Division will review the unexecuted contract for compliance with the procurement standards outlined in 2 C.F.R. §§200.318 through 200.326 as well as Appendix II to 2 C.F.R. Part 200. Consistent with 2 C.F.R. §200.318(k),the Division will not substitute its judgment for that of the Sub-Recipient. While.the Sub-Recipient does not need the approval of the Division in order to execute a subcontract, this review may allow the Division to identify deficiencies in the terms and conditions of the subcontract as well as deficiencies in the procurement process that led to the subcontract. The Division's review and comments shall not constitute an approval of the subcontract. Regardless of the Division's review,the Sub-Recipient remains bound by all applicable laws, regulations, and agreement terms. If during its review the Division identifies any deficiencies,then the Division shall communicate those deficiencies to the Sub-Recipient as quickly as possible within the three(3)business day window outlined above. If the Sub-Recipient executes a subcontract after receiving a communication from the Division that the subcontract is non-compliant,then the Division may: (1) Terminate this Agreement in accordance with the provisions outlined in paragraph 19 below; and, (2) Refuse to reimburse the Sub-Recipient for any costs associated with that subcontract. F. The Sub-Recipient agrees to include in the subcontract that(i)the subcontractor is bound by the terms of this Agreement, (ii)the subcontractor is bound by all applicable state and federal laws and regulations, and(iii)the subcontractor shall hold the Division and Sub-Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement,to the extent allowed and required by law. G. As required by 2 C.F.R. §200.318(c)(1),the Sub-Recipient shall"maintain written standards of conduct covering conflicts of interest and governing the actions of its employees engaged in the selection, award and administration of contracts." H. As required by 2 C.F.R. §200.319(a),the Sub-Recipient shall conduct any procurement under this agreement"in a manner providing full and open competition." Accordingly, the Sub-Recipient shall not: (1) Place unreasonable requirements on firms in order for them to qualify to do business; (2) Require unnecessary experience or excessive bonding; (3) Use noncompetitive pricing practices between firms or between affiliated companies; (4) Execute noncompetitive contracts to consultants that are on retainer contracts; (5) Authorize,condone, or ignore organizational conflicts of interest; 9 P51 (6) Specify only a brand name product without allowing vendors to offer an equivalent; (7) Specify a brand name product instead of describing the performance, • specifications, or other relevant requirements that pertain to the commodity or service solicited by the procurement; (8) Engage in any arbitrary action during the procurement process; or, (9) Allow a vendor to bid on a contract if that bidder was involved with developing or drafting the specifications, requirements, statement of work, invitation to bid, or request for proposals. • I. "[E]xcept in those cases where applicable Federal statutes expressly mandate or encourage"otherwise,the Sub-Recipient, as required by 2 C.F.R. §200.319(b), shall not use a geographic preference when procuring commodities or services under this Agreement. J. The Sub-Recipient shall conduct any procurement involving invitations to bid(i.e. sealed bids)in accordance with 2 C.F.R. §200.320(c)as well as section 287.057(1)(a), Florida Statutes. K. The Sub-Recipient shall conduct any procurement involving requests for proposals (i.e.competitive proposals) in accordance with 2 C.F.R. §200.320(d)as well as section 287.057(1)(b), Florida Statutes. L. For each subcontract,the Sub-Recipient shall provide a written statement to the Division as to whether that subcontractor is a minority business enterprise, as defined in Section 288.703, Florida Statutes. Additionally, the Sub-Recipient shall comply with the requirements of 2 C.F.R. §200.321 ("Contracting with small and minority businesses,women's business enterprises,and labor surplus area firms"). 12. RECORDS A. As required by 2 C.F.R. §200.336,the Federal awarding agency, Inspectors General, the Comptroller General of the United States,and the Division,or any of their authorized representatives, shall enjoy the right of access to any documents, papers, or other records of the Sub-Recipient which are pertinent to the Federal award, in order to make audits, examinations,excerpts, and transcripts. The right of access also includes timely and reasonable access to the Sub-Recipient's personnel for the purpose of interview and discussion related to such documents. Finally, the right of access is not limited to the required retention period but lasts as long as the records are retained. B. As required by 2 C.F.R. §200.331(a)(5),the Division, the Chief Inspector General of the State of Florida, the Florida Auditor General, or any of their authorized representatives, shall enjoy the right of access to any documents,financial statements, papers, or other records of the Sub-Recipient which are pertinent to this Agreement, in order to make audits, examinations, excerpts, and transcripts. The right of access also includes timely and reasonable access to the Sub-Recipient's personnel for the purpose of interview and discussion related to such documents. 10 • P52 C. As required by 2 C.F.R. §200.333,the Sub-Recipient shall retain sufficient records to show its compliance with the terms of this Agreement, as well as the compliance of all subcontractors or consultants paid from funds under this Agreement,for a period of three(3)years from the date of submission of the final expenditure report. The following are the only exceptions to the three(3)year requirement: (1) If any litigation, claim, or audit is started before the expiration of the 3-year period,then the records must be retained until all litigation, claims, or audit findings involving the records have been resolved and final action taken. (2) When the Division or the Sub-Recipient is notified in writing by the Federal awarding agency, cognizant agency for audit, oversight agency for audit, cognizant agency for indirect costs, or pass-through entity to extend the retention period. (3) Records for real property and equipment acquired with Federal funds must be retained for 3 years after final disposition. (4) When records are transferred to or maintained by the Federal awarding agency or pass-through entity, the 3-year retention requirement is not applicable to the Sub-Recipient. (5) Records for program income transactions after the period of performance. In some cases recipients must report program income after the period of performance. Where there is such a requirement, the retention period for the records pertaining to the earning of the program income starts from the end of the non-Federal entity's fiscal year in which the program income is earned. (6) Indirect cost rate proposals and cost allocations plans. This paragraph applies to the following types of documents and their supporting records: indirect cost rate computations or proposals,cost allocation plans, and any similar accounting computations of the rate at which a particular group of costs is chargeable(such as computer usage chargeback rates or composite fringe benefit rates). D. In accordance with 2 C.F.R. §200.334, the Federal awarding agency must request transfer of certain records to its custody from the Division or the Sub-Recipient when it determines that the records possess long-term retention value: E. In accordance with 2 C.F.R. §200.335, the Division must always provide or accept paper versions of Agreement information to and from the Sub-Recipient upon request. If paper copies are submitted,then the Division must not require more than an original and two copies. When original records are electronic and cannot be altered, there is no need to create and retain paper copies. When original records are paper, electronic versions may be substituted through the use of duplication or other forms of electronic media provided that they are subject to periodic quality control reviews, provide reasonable safeguards against alteration, and remain readable. F. As required by 2 C.F.R. §200.303,the Sub-Recipient shall take reasonable measures to safeguard protected personally identifiable information and other information the Federal awarding 11 P53 agency or the Division designates as sensitive or the Sub-Recipient considers sensitive consistent with applicable Federal, state, local, and tribal laws regarding privacy and obligations of confidentiality. G. Florida's Government in the Sunshine Law(Section 286.011, Florida Statutes) provides the citizens of Florida with a right of access to governmental proceedings and mandates three, basic requirements: - (1) Meetings of public boards or commissions must be open to the public; (2) Reasonable notice of such meetings must be given; and, (3) Minutes of the meetings must be taken and promptly recorded. The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that entity within the ambit of the open government requirements. However,the Government in the Sunshine Law applies to private entities that provide services to governmental agencies and that act on behalf of those agencies in the agencies'performance of their public duties. If a public agency delegates the performance of its public purpose to a private entity,then, to the extent that private entity is performing that public purpose,the Government in the Sunshine Law applies. For example, if a volunteer fire department provides firefighting services to a governmental entity and uses facilities and equipment purchased with public funds,then the Government in the Sunshine Law applies to board of directors for that volunteer fire department. Thus,to the extent that the Government in the Sunshine Law applies to the Sub-Recipient based upon the funds provided under this Agreement,the meetings of the Sub- Recipient's governing board or the meetings of any subcommittee making recommendations to the governing board may be subject to open government requirements. These meetings shall be publicly noticed,open to the public, and the minutes of all the meetings shall be public records,available to the public in accordance with Chapter 119, Florida Statutes. H. Florida's Public Records Law provides a right of access to the records of the state and local governments as well as to private entities acting on their behalf. Unless specifically exempted from disclosure by the Legislature, all materials made or received by a governmental agency(or a private entity acting on behalf of such an agency)in conjunction with official business which are used to perpetuate, communicate,or formalize knowledge qualify as public records subject to public inspection. The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that entity within the ambit of the public record requirements. However,when a public entity delegates a public function to a private entity,the records generated by the private entity's performance of that duty become public records. Thus,the nature and scope of the services provided by a private entity determine whether that entity is acting on behalf of a public agency and is therefore subject to the requirements of Florida's Public Records Law. I. The Sub-Recipient shall maintain all records for the Sub-Recipient and for all subcontractors or consultants to be paid from funds provided under this Agreement, including documentation of all program costs, in a form sufficient to determine compliance with the requirements 12 P54 and objectives of the Budget and Scope of Work-Attachment A-and all other applicable laws and regulations. 13. INTELLECTUAL PROPERTY A. Except as provided below, intellectual property rights to all property created or otherwise developed under or in connection with the performance of this Agreement are hereby reserved to and shall be owned by the State of Florida. B. If the Sub-Recipient has pre-existing intellectual property rights, then the Sub- Recipient shall retain all rights and entitlements to that pre-existing intellectual property unless the Agreement provides otherwise. C. If any intellectual property is developed in the course of or as a result of work or services performed under this Agreement, or in any way connected with it,the Sub-Recipient shall refer the intellectual property to the Division for a determination whether the State of Florida will seek patent, copyright, trademark, or other intellectual property protection in its name. D. Within thirty days of execution of this Agreement,the Sub-Recipient shall disclose all intellectual properties relating to the performance of this Agreement which he or she knows or should know could give rise to a patent, copyright,trademark,or other intellectual property protection. Failure to disclose will indicate that no such property exists. The Division shall then, under Subparagraph A above, have the right to all intellectual property which accrues during performance of the Agreement. E. If the Sub-Recipient qualifies as a state university under Florida law, then, pursuant to section 1004.23, Florida Statutes, any invention conceived exclusively by the employees of the Sub- Recipient shall become the sole property of the Sub-Recipient. In the case of joint inventions, that is inventions made jointly by one or more employees of both parties hereto, each party shall have an equal, undivided interest in and to such joint inventions. The Division shall retain a perpetual, irrevocable,fully- paid, nonexclusive license, for its use and the use of its contractors of any resulting patented, copyrighted or trademarked work products,developed solely by the Sub-Recipient, under this Agreement, for Florida government purposes. 14. AUDITS A. The Sub-Recipient shall comply with the audit requirements contained in 2 C.F.R. Part 200, Subpart F. B. In accounting for the receipt and expenditure of funds under this Agreement, the Sub-Recipient shall follow Generally Accepted Accounting Principles("GAAP"). As defined by 2.C.F.R. §200.49, GAAP"has the meaning specified in accounting standards issued by the Government Accounting Standards Board(GASB)and the Financial Accounting Standards Board (FASB)." C. When conducting an audit of the Sub-Recipient's performance under this Agreement, the Division shall use Generally Accepted Government Auditing Standards("GAGAS"). As defined by 2 C.F.R. §200.50, GAGAS, "also known as the Yellow Book, means generally accepted government 13 P55 • auditing standards issued by the Comptroller General of the United States,which are applicable to financial audits:" • • . D. If an audit shows that all or any portion.of the funds disbursed were not spent in accordance with the conditions of this Agreement,the Sub-Recipient shall be held liable for reimbursement to the Division of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty days after the Division has notified the Sub-Recipient of such non- compliance. E. The Sub-Recipient shall have all audits completed by an independent auditor,which is defined in section 215.97(2)(h), Florida Statutes, as"an independent certified public accountant licensed under chapter 473.° The independent auditor shall state that the audit complied with the applicable provisions noted above. The audit must be received by the Division no later than nine months from the end of the Sub-Recipient's fiscal year. F. The Sub-Recipient shall send copies of reporting packages for audits conducted in accordance with 2 C.F.R. Part 200, by or on behalf of the Sub-Recipient, to the Division at the following address: DEMSinale Audit@em.mvflorida.com DEMSingle Audit@em.myflorida.com • OR • Office of the Inspector General • 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 G. The Sub-Recipient shall send the Single Audit reporting package and Form SF-SAC to the Federal Audit Clearinghouse by submission online at: http://harvester.census.gov/fac/collect/ddeindex.html H. The Sub-Recipient shall send any management letter issued by the auditor to the Division at the following address: DEMSinale Auditna em.mvflorida.com DEMSingle_Audit@em.myflorida.com OR Office of the Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 15. REPORTS A. Consistent with 2 C.F.R.§200.328, the Sub-Recipient shall provide the Division with quarterly reports and a close-out report. These reports shall include the current status and progress by • 14 • • P56 the Sub-Recipient and all subcontractors in completing the work described in the Scope of Work and the expenditure of funds under this Agreement, in addition-to any other information requested by the Division. B. Quarterly reports are due to the Division no later than 30 days after the end of each quarter of the program year and shall be sent each quarter until submission of the administrative close- out report. The ending dates for each quarter of the program year are March 31, June 30, September 30 and December 31. C. The close-out report is due 60 days after termination of this Agreement or 60 days after completion of the activities contained in this Agreement,whichever first occurs. D. If all required reports and copies are not sent to the Division or are not completed in a manner acceptable to the Division,then the Division may withhold further payments until they are completed or may take other action as stated in Paragraph (18) REMEDIES. "Acceptable to the Division"means that the work product was completed in accordance with the Budget and Scope of Work. E. The Sub-Recipient shall provide additional program updates or information that may be required by the Division. F. The Sub-Recipient shall provide additional reports and information identified in Attachment D. 16. MONITORING. A. The Sub-Recipient shall monitor its performance under this Agreement, as well as that of its subcontractors and/or consultants who are paid from funds provided under this Agreement, to • ensure that time schedules are being met,the Schedule of Deliverables and Scope of Work are being accomplished within the-specified time periods, and other performance goals are being achieved. A • review shall be done for each function or activity in Attachment A and Attachment B to this Agreement, • and reported in the quarterly report. B. In addition to reviews of audits, monitoYing procedures may include, but not be limited to, on-site visits by Division staff, limited scope audits, and/or other procedures. The Sub-Recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Division. In the event that the Division determines that a limited scope audit of the Sub-Recipient is appropriate,the Sub-Recipient agrees to comply with any additional instructions provided by the Division to the Sub-Recipient regarding such audit. The Sub-Recipient further agrees to comply and cooperate • with any inspections, reviews, investigations or audits deemed necessary by the Florida Chief Financial Officer or Auditor General. In addition, the Division will monitor the performance and financial management by the Sub-Recipient throughout the contract term to ensure timely completion of all tasks. - 17. DEFAULT. - If any of the following events occur("Events of Default"), all obligations on the part of the Division to make further payment of funds shall terminate and the Division has the option to exercise any of its remedies set forth in Paragraph (18); however,the Division may make payments or partial payments 15 P57 after any Events of Default without waiving the right to exercise such remedies, and without becoming • liable to make any further payment if: A. Any warranty or representation made by the Sub-Recipient in this Agreement or any previous agreement with the Division is or becomes false or misleading in any respect, or if the Sub- Recipient fails to keep or perform any of the obligations,terms or covenants in this Agreement or any previous agreement with the Division and has not cured them in timely fashion,or is unable or unwilling to meet its obligations under this Agreement; B. Material adverse changes occur in the financial condition of the Sub-Recipient at any time during the term of this Agreement,and the Sub-Recipient fails to cure this adverse change within thirty days from the date written notice is sent by the Division; C. Any reports required by this Agreement have not been submitted to the Division or have been submitted with incorrect, incomplete or insufficient information; or, D. The Sub-Recipient has failed to perform and complete on time any of if obligations under this Agreement. 18. REMEDIES. If an Event of Default occurs,then the Division shall, after thirty calendar days written notice to the Sub-Recipient and upon the Sub-Recipient's failure to cure within those thirty days, exercise any one or more of the following remedies, either concurrently or consecutively: A. Terminate this Agreement, provided that the Sub-Recipient is given at least thirty days prior written notice of the termination. The notice shall be effective when placed in the United • • States,first class mail,postage prepaid, by registered or certified mail-return receipt requested, to the • address in paragraph(6)herein; •B. Begin an appropriate legal or equitable action to enforce performance of this Agreement; C. Withhold or suspend payment of all or any part of a request for payment; D. Require that the Sub-Recipient refund to the Division any monies used for ineligible purposes under the laws, rules and regulations governing the use of these funds. E. Exercise any corrective or remedial actions, to include but not be limited to: (1) Request additional information from the Sub-Recipient to determine the reasons for or the extent of non-compliance or lack of performance, (2) Issue a written warning to advise that more serious measures may be taken if the situation is not corrected, • (3) Advise the Sub-Recipient to suspend, discontinue or refrain from incurring costs for any activities in question or (4) Require the Sub-Recipient to reimburse the Division for the amount of costs • incurred for any items determined to be ineligible; 16 • • • • P58 F. Exercise any other rights or remedies which may be available under law. • Pursuing any of the above remedies will not stop the Division from pursuing any other remedies in this Agreement or provided at law or in equity. If the Division waives any right or remedy in this Agreement or fails to insist on strict performance by the Sub-Recipient, it will not affect,extend or waive any other right or remedy of the Division,or affect the later exercise of the same right or remedy by the Division for any other default by the Sub-Recipient. 19. TERMINATION. A. The Division may terminate this Agreement for cause after thirty days written notice. Cause can include misuse of funds,fraud, lack of compliance with applicable rules, laws and regulations, failure to perform on time, and refusal by the Sub-Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Florida Statutes, as amended. B. The Division may terminate this Agreement for convenience or when it determines, in its sole discretion,that continuing the Agreement would not produce beneficial results in line with the further expenditure of funds, by providing the Sub-Recipient with thirty calendar days prior written notice. C. The parties may agree to terminate this Agreement for their mutual convenience through a written amendment of this Agreement. The amendment will state the effective date of the termination and the procedures for proper closeout of the Agreement. D. In the event that this Agreement is terminated,the Sub-Recipient will not incur new obligations for the terminated portion of the Agreement after the Sub-Recipient has received the notification of termination. The Sub-Recipient will cancel as many outstanding obligations as possible. Costs incurred after receipt of the termination-notice will be disallowed. The Sub-Recipient shall not be relieved of liability to the Division because of any breach of.Agreement by the Sub-Recipient. The Division may, to the extent authorized by law,withhold payments to the Sub-Recipient for the purpose of set-off until the exact amount of damages due the Division from the Sub-Recipient is determined. 20. LIABILITY A. Unless Sub-Recipient is a State agency or subdivision, as defined in section 768.28(2), Florida Statutes,the Sub-Recipient is solely responsible to parties it deals with in carrying out the terms of this Agreement; as authorized by section 768.28(19), Florida Statutes, Sub-Recipient shall hold the Division harmless against all claims of whatevernature by third parties arising from the work performance under this Agreement. For purposes of this Agreement, Sub-Recipient agrees that it is not an employee or agent of the Division, but is an independent contractor. • B. As required by section 768.28(19), Florida Statutes, any Sub-Recipient which is a state agency or subdivision, as defined in section 768.28(2), Florida Statutes, agrees to be fully • responsible for its negligent or tortious acts or omissions which result in claims or suits against the Division,and agrees to be liable for any damages proximately caused by the acts or omissions to the extent set forth in Section 768.28, Florida Statutes. Nothing herein is intended to serve as a waiver of .17 • • • • • • • • • • P59 sovereign immunity by any Sub-Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in- any matter arising out of any contract. 21. ATTACHMENTS A. All attachments to this Agreement are incorporated as if set out fully. B. In the event of any inconsistencies or conflict between the language of this Agreement and the attachments, the language of the attachments shall control, but only to the extent of the conflict or inconsistency. C. This Agreement has the following attachments: (1) Attachment A—Budget (2) Attachment B—Scope of Work/Deliverables (3) Attachment C—Program Statutes and Regulations (4) Attachment D—Reports (5) Attachment E—Justification of Advance Payment (6) Attachment F—Warranties and Representations (7) Attachment G—Certification Regarding Debarment (8) Attachment H—Statement of Assurances (9) Attachment I—Mandatory Contract Provisions • (10)Attachment J—Allowable Costs and Eligible Activities • 22. MANDATED CONDITIONS A. The validity of this Agreement is subject to the truth and accuracy of all the • information, representations,and materials submitted or provided by the Sub-Recipient in this Agreement, in any later submission or response to a Division request, or in any submission or response to fulfill the requirements of this Agreement. All of said information, representations, and materials are incorporated by reference. The inaccuracy of the submissions or any material changes shall, at the option of the Division and with thirty days written notice to_the Sub-Recipient, cause the termination of this Agreement and the release of the Division from all its obligations to the Sub-Recipient. B. This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall be in the Circuit•Court of Leon County. If any provision of this Agreement is in conflict with any applicable statute or rule, or is unenforceable,then the provision shall be null and void to the extent of the conflict,and shall be severable, but shall not invalidate any other provision of this Agreement. C. Any power of approval or disapproval granted to the Division under the terms of this Agreement shall survive the term of this Agreement. • D. The Sub-Recipient agrees'to comply with the Americans with Disabilities Act(Public Law 101-336, 42 U.S.C. Section 12101 et seq.),which prohibits discrimination by public and private • • • 18 • P60 • entities on the basis of disability in employment, public accommodations, transportation, State and local • government services, and telecommunications. • • . E. Those who have been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of$25,000.00 for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. F. Any Sub-Recipient which is not a local government or state agency, and which receives funds under this Agreement from the federal government,certifies,to the best of its knowledge and belief, that it and its principals: (1) Are not presently debarred, suspended, proposed for debarment, declared ineligible,or voluntarily excluded from covered transactions by a federal department or agency; (2) Have not,within a five-year period preceding this proposal been convicted of or had a civil judgment rendered against them for fraud or a criminal offense in connection with obtaining, attempting to obtain,or performing a public(federal,state or local)transaction or contract under public transaction; violation of federal or state antitrust statutes or commission of embezzlement,theft; forgery, bribery,falsification or destruction of records, making false statements, or receiving stolen property; • (3) Are not presently indicted or otherwise criminally or civilly charged by a_ • governmental entity.(federal, state or local)with commission of any offenses enumerated in paragraph• 22(F)(2). of this certification; and, .. (4) Have not within a five-year period preceding this Agreement had one or more public transactions(federal, state or local)terminated far cause or default. G. If the Sub-Recipient is unable to certify to any of the statements in this certification, then the Sub-Recipient shall attach an explanation to this Agreement. ._ H. In addition,the Sub-Recipient shall send to the Division (by email or by facsimile transmission)the completed"Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion" (Attachment G)for each intended subcontractor which Sub-Recipient plans to fund under this Agreement. The form must be received by the Division before the Sub-Recipient enters into a contract with any subcontractor. I. The Division reserves the right to unilaterally cancel this Agreement if the Sub • - Recipient refuses to allow public access to all documents, papers, letters or other material subject to the • -provisions of Chapter 119, Florida Statutes,which the Sub-Recipient created or received under this Agreement. . • 19 • • P61 J. If the Sub-Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to the Division or be applied against the Division's obligation to pay the contract amount. K. The State of Florida will not intentionally award publicly-funded contracts to any contractor who knowingly employs unauthorized alien workers,constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e)[Section 274A(e)of the Immigration and Nationality Act ("INA")]. The Division shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e)of the INA. Such violation by the Sub-Recipient of the employment provisions contained in Section 274A(e)of the INA shall be grounds for unilateral cancellation of this Agreement by the Division. L. All unmanufactured and manufactured articles, materials and supplies which are . acquired for public use under this Agreement must have been produced in the United States as required under 41 U.S.C. 10a, unless it would not be in the public interest or unreasonable in cost. (23)LOBBYING PROHIBITION A. 2 C.F.R. §200.450 prohibits reimbursement for costs associated with certain lobbying activities. B. Section 216.347, Florida Statutes, prohibits"any disbursement of grants and aids appropriations pursuant to a contract or grant to any person or organization unless the terms of the grant orcontract prohibit the expenditure of funds for the purpose of lobbying the Legislature,the judicial branch, or a state agency." • C. No funds or other resources received from the Division under this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. D. The Sub-Recipient certifies, by its signature to this Agreement, that to the best of his or her knowledge and belief: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the Sub-Recipient, to any person for influencing or attempting to influence an officer or. employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee,of Congress, or an employee of a Member of Congress in • 20. P62 connection with this Federal contract,grant, loan or cooperative agreement,the Sub-Recipient shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities. (3) The Sub-Recipient shall require that this certification be included in the award documents for all subawards(including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements)and that all Sub-Recipients shall certify and disclose. (4) This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352,Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. (24)EQUAL OPPORTUNITY EMPLOYMENT M. In accordance with 41 C.F.R.§60-1.4(b),the Sub-Recipient hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work,or modification thereof, as defined in the regulations of the Secretary of Labor at 41 CFR Chapter 60,which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant,contract, loan insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance,or guarantee,the following equal opportunity clause: During the performance of this contract, the contractor agrees as follows: i. The contractor will not discriminate against any employee or applicant for employment because of race;color, religion, sex, or • • national origin. The contractor will take affirmative action to ensure that • applicants are employed,and that employees are treated during. • employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not-be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The • contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. .ii. The contractor will, in all solicitations or advertisements for. employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without • regard to race, color, religion, sex, or national origin. iii. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places • available to employees and applicants for employment. • • : 21 • • • • P63 iv. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant • orders of the Secretary of Labor. v. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965,and by rules, • regulations, and orders of the Secretary of Labor,or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. vi. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled,terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation,or order of the Secretary of Labor, or as otherwise provided by law. vii. The contractor will include the portion of the sentence immediately preceding paragraph(1)and the provisions of paragraphs (1)through(7)in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that • suchprovisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency-may direct as a means of enforcing such provisions, including sanctions for noncompliance: • • provided, however,that in the event a contractor becomes involved in,or is threatened with, litigation.with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States. N. The Sub-Recipient further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: provided, that if the applicant so participating is a State or local government,the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. O. The Sub-Recipient agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractorsand subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor,that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist . the administering agency in the discharge of the agency's primary responsibility for securing compliance. • 22 • . • • • • P64 P. The Sub-Recipient further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965,with a contractor • debarred from,or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive order. In addition, the Sub-Recipient agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: cancel, terminate, or suspend in whole or in part this grant(contract, loan, insurance, guarantee); refrain from extending any further assistance to the Sub-Recipient under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such Sub-Recipient; and refer the case to the Department of Justice for appropriate legal proceedings. (25)COPELAND ANTI-KICKBACK ACT The Sub-Recipient hereby agrees that, unless exempt under Federal law, it will incorporate or cause to be incorporated into any contract for construction work,or modification thereof, the following clause: i. Contractor. The contractor shall comply with 18 U.S.C. §874, 40 U.S.C. §3145, and the requirements of 29 C.F.R. pt. 3 as may be . applicable,which are incorporated by reference into this contract. • . ii. Subcontracts..The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may • by appropriate instructions require;and also a clause requiring the • subcontractors to include these clauses in any lower tier subcontracts. • . The prime contractor shall be responsible for.the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. • iii. Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. §5.12. (26)CONTRACT WORK HOURS AND SAFETY STANDARDS If the Sub-Recipient,with the funds authorized by this Agreement, enters into a contract that exceeds$100,000 and involves the employment of mechanics or laborers,then any such contract must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations(29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide • that no laborer or mechanic must be required to work in surroundings or under working conditions which . 23 . • • • P65 are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation. (27)CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT If the Sub-Recipient,with the funds authorized by this Agreement, enters into a contract that exceeds$150,000, then any such contract must include the following provision: Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act(42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended(33 U.S.C. 1251-1387), and will report violations to FEMA and the Regional Office of the Environmental Protection Agency(EPA). (28)SUSPENSION AND DEBARMENT If the Sub-Recipient,with the funds authorized by this Agreement, enters into a contract, then any such contract must include the following provisions: i. This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals(defined at 2 C.F.R. § 180.995),or its affiliates(defined at 2 C.F.R. § 180.905)are excluded (defined at 2 C.F.R. §180.940)or disqualified(defined at 2 C.F.R. § 180.935). ii. The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. iii. This certification is a material representation of fact relied upon by the Division. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180,subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the Division,the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. iv. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. (29)BYRD ANTI-LOBBYING AMENDMENT If the Sub-Recipient, with the funds authorized by this Agreement, enters into a contract, then any such contract must include the following clause: Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352 (as amended).— Contractors who apply or bid for an award of$100,000 or more shall file - the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency,a member of Congress, officer or employee of Congress,or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 24 P66 U.S.C. § 1352. Each tier shall also disclose any lobbying with non- Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. (30)CONTRACTING WITH SMALL AND MINORITY BUSINESSES,WOMEN'S BUSINESS ENTERPRISES,AND LABOR SURPLUS AREA FIRMS A. If the Sub-Recipient,with the funds authorized by this Agreement, seeks to procure goods or services, then, in accordance with 2 C.F.R. §200.321, the Sub-Recipient shall take the following affirmative steps to assure that minority businesses,women's business enterprises, and labor surplus area firms are used whenever possible: (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (3) Dividing total requirements,when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; (4) Establishing delivery schedules, where the requirement permits,which encourage participation by small and minority businesses, and women's business enterprises; (5) Using the services and assistance, as appropriate,of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce;and (6) Requiring the prime contractor, if subcontracts are to be let,to take the affirmative steps listed in paragraphs(1)through (5)of this section. B. The requirement outlined in subparagraph A. above, sometimes referred to as 'socioeconomic contracting,'does not impose an obligation to set aside either the solicitation or award of a contract to these types of firms. Rather, the requirement only imposes an obligation to carry out and document the six affirmative steps identified above. C. The"socioeconomic contracting" requirement outlines the affirmative steps that the Sub-Recipient must take;the requirements do not preclude the Sub-Recipient from undertaking additional steps to involve small and minority businesses and women's business enterprises. D. The requirement to divide total requirements,when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises,does not authorize the Sub-Recipient to break a single project down into smaller components in order to circumvent the micro-purchase or small purchase thresholds so as to utilize streamlined acquisition procedures(e.g. "project splitting"). 25 P67 (31)ASSURANCES. The Sub-Recipient shall comply with any Statement of Assurances incorporated as Attachment H. (32)LEGAL AUTHORIZATION. The Sub-Recipient certifies that it has the legal authority to receive the funds under this Agreement and that its governing body has authorized the execution and acceptance of this Agreement. The Sub-Recipient also certifies that the undersigned person has the authority to legally execute and bind Sub-Recipient to the terms of this Agreement. 26 P68 IN WITNESS WHEREOF,the parties hereto have executed this Agreement. IN WITNESS WHEREOF,the parties hereto have executed this Agreement. INDIAN RIVER COUNTY By: Name and Title: Joesph E. Flescher, Chairman APPROVED Date:August 15, 2017 FID#: 59-6000-674 DUNS#: 07-920-8989 County Administrator Include a copy of the designation of authority for the signatory, if applicable. STATE OF FLORIDA Attest: Jeffrey R. Smith, Clerk of DIVISION OF EMERGENCY MANAGEMENT Court and Comptroller By: By: Deputy Cler.. Name and Title: Michael Kennett, Deputy Director Date: 27 P69 ATTACHMENT A PROPOSED PROGRAM BUDGET • Funding from the Emergency Management Performance Grant is intended for use by the Sub- Recipient to perform eligible activities as identified in Notice of Funding Opportunity(NOFO), Fiscal Year 2017 EMPG, Appendix B—FY 2017 EMPG Funding Guidelines and programs that are consistent with 2 C.F.R. Part 200, State Rule Chapter 27P-6, Florida Administrative Code and Chapter 252, Florida Statutes). O Below is a general budget which outlines eligible categories and their allocation under this award. The Sub-recipient is to utilize the"Proposed Program Budget'as a guide for completing the"Budget Detail Worksheet" below. o The Equipment category will require Authorized Equipment List(AEL) reference number. The Authorized Equipment List(AEL) is a list of approved equipment types allowed under FEMA's preparedness grant programs.The intended audience of this tool is emergency managers,first responders, and other homeland security professionals. The AEL can be found at https://www.fema.gov/authorized-equipment-list. O The transfer of funds between the categories listed in the Proposed Program Budget is permitted. If funds need to be moved in categories, send a revised Proposed Program Budget to your grant manager. rat�tz -.`-w ecl'ient} ency, rat gorY•• i � r ,, • . ' wm .yt.'1 <S Ert "4eYfXir'a`* T S --i ra¢'1' - c _Y.at2r.., .�3_�.1� `..��%f _ Sur �n�i•'�,�t .u^:.i .;c .;tE��+3 _.,`„4...2 �e_f Planning Expenditures FY 2017—Emergency Organization Expenditures $32,020.00 Management Performance INDIAN RIVER COUNTY Grant Program Training Expenditures Exercise Expenditures Equipment Expenditures $45,838.00 Management and Administration Expenditures(no greater than 5%) co'" t .t' r- .. .s, . K} * r _.,iL-S'T 'z :c ''r,'r ,''�.y :z, 's`z .+:l' i' tR"s -<,, `say .e � vee.' s5 e zr,,G. 'w.i"'3'k y� . :',,-- : „r; c 4- #,. ..Z'°L' .o-� yk'l:S'A11�.�^"�. F • t c S'•f r� .1 "A. ��C`x.,�"�Ti�-�4 � +!'��f=..r�'��..'S �y1la la � ti �� '�' �.; rr r �K k£ S�`. R'."' >"'� � �Y dam` . �'✓' 9r < .'` "K�'E e''2, - `4f- h4Q5 t. S''A�`����`_ �� ��r� �� �.:}� {�-nes '� ��' „ � ".s ?ss�a,. �`�'� �°����''3'� � i�r 28 P70 O EY 2017 UDGE DET l WORKSHEET ;E GI EWEIACTIVITtES Not fire ited:tb'factevoti below) L 3 S<.�Z v,-:...�=-�' S'„v5's� ,.,,�"ter „'�`.- �� �yt ���• ��� x. b,� '� e Etyma,,' ��..�iQ s�S��5-' ��t �-. Emergency Management/Operation Plan Communications Plans Continuity/Administrative Plans Whole Community Engagement/Planning Resource Management Planning Evacuation Planning Recovery Planning Credentialing and Validation Hiring of full or part-time staff or contractors/consultants to assist with planning activities(not for the purpose of hiring public safety personnel fulfilling traditional public safety duties) Materials required to conduct planning activities Travel/per diem related to planning activities Overtime and backfill costs W 'Wg57 i, ...i`,'�7`cy , a 3,3-.• F�"`' p�'Y 2 1�4.-;. �:i mo, a... r� qr -Y 2.. ,� y 3 -G'-r ,� �' +#'ar .+`t1-5 -i "i `ae._i^t' -sfa''- ..e �£ .'`ssF f --c° ^�e3.�a' ra�- +aw� 3`",- .ez,ra',s.={ram`-R.a,•= Allow rganrzaton,Costs ;I 3 '.`Quantity Unrt Cost Total¢+ st > +S; t#`svttr..s. ,n )X, Hiring of full or part-time staff or contractors/consultants (temporary employees, student or graduate assistant fellowships, part time academic employment, consultants and other services) Overtime and backfill costs Utility(electric, water and sewage) Telephone Bills(landlines, cellular and satellite) Internet Services Maintenance agreements for equipment or series Supplies Software and Upgrades 1 $32,020.00 $32,020.00 Computers, printers, copiers and fax machines Radios Satellite telephones 29 P71 Storage and shelving for storage Other emergency response communication Furniture Postage Apparel for identification Fuel Memberships and Conference Travel Vehicle(s) Publications `A• VZAON UES�0' iT x302i ii:rai-E YyvY L .- `Ve ' OA RGANITIA6XPENDITR -'z•F ,t._,,— ...� 1a::42-24 '. wt,-, -m,.]•=rzf62wciiAl:t� llowabietl=x®rase Costs , Quantity Unit Cost Total Design, Develop, Conduct and Evaluate an Exercise Exercise Planning Workshop - Funds may be used to plan and conduct an Exercise Planning Workshop to include costs related to planning, meeting space and other meeting costs, materials and supplies, travel and exercise plan development. Full or Part-Time Staff or Contractors/Consultants - (Full or part-time staff may be hired to support exercise -related activities. Payment of salaries and fringe benefits must be in accordance with the policies of the state or local unit(s) of government and have the approval of the state or the awarding agency, whichever is applicable.) Overtime and backfill costs — Overtime and backfill costs, including expenses for part-time and volunteer emergency response personnel participating in approved exercises. Implementation of Homeland Security Exercise and Evaluation Program Travel - Travel costs (i.e., airfare, mileage, per diem, hotel, etc.) are allowable as expenses by employees who are on travel status for official business related to the planning and conduct of the exercise project(s). These costs must be in accordance with state law. States must also follow state regulations regarding travel. If a state or territory does not have a travel policy they must follow federal guidelines and rates. Supplies - Supplies are items that are expended or consumed during the course of the planning and conduct of the exercise project(s) (e.g., copying paper, gloves, tape, non-sterile masks, and disposable protective equipment). 30 P72 Develop, DeRver and Evaluate Training Overtime and backfihl for emergency preparedness and response personnel attending sponsored and approved training classes Overtime and backfihl expenses for part-time and votunteer emergency response personnel participating in approved training Training Workshops and Conferences Full or Part -Time Staif orContractors/Consultants Certification/Recertification of Instructors Travel Supplies are items that are expended or consumed during the course of the planning and conduct of the exercise project(s) (e.g., coingpope[g|ovem.bope.non'oteh|emoahs.and disposable protective equipment) Instructor certification/re-certification Coordination with Citizen Corps Councils in conducting baini . Eligible Equipment Acquisition Costs Quantity Unit Cost Total Cost 31 P73 CBRNE Reference Materials -., ... . CBRNEIncidentResponse Vehicles,.. , i _ Physical'• Secunty Enhancement Equipment CBRNE Logistical Support E • quipment Other au honzed.egWpment 0$ y �� , EOC Audio Visual Upgrade -Replacement 1 $45,838.00 $45,838.00 TOTAL EQUIPMENT EXPENDITURES $45,838.00 ,„V 4,.,P-,•-:`4.-;, j- C ry r - -� k --t- �?4zs `, ,. zilAT `r1k'''..3" R! iX4%-;'ms's "Ys � S >aY �� .. >- A 7 S 1 ,7.," -. in. ?'c 't. IT• P��,� �-�f� i �. z 1.} .� -k.{T a� - TO�AL-�E.�x/PEt�i�1.�`URE'ST� ?t ;;- A.'�iz_s73fi zi,.. �.z c ..*}.... r+hl: 5+.. o. r. E'Jty .e e.-�'..1tUt.,* .Jt— ',''.' .jr .i �?a ' k3/4 xa.+' .e �a,frx { r_..14. --7e-4-41 T .r. ' p�'p�,s/�, !.05A..%O..O `xgz-fw ^l aW4� 44,1AW a zJ3't'. t� F^ Z=" '� , _.Y .x,- igibie Mana.gemenkand Aydminis�tration Costs , k-., x. C $a .Std` -i-.ye Ya�i< .'X�i fi4s`: '�,$".:-�Y iez., ._r.: ,.. hri 4 .w �T - S Qua itity+w T , V:.;'.-4k.'.#44!t..M .y ,i� pi.r s-v_i `�. fFUnet Cont 't..%'.: -,:';:',',i,.., i t r"..i:.stI T.otaiAost ; 4 i'''s`4W Hiring of full-time or part-time staff or contractors/consultants: to assist with the management of the respective grant program; application requirements, and compliance with reporting and data collection requirements Overtime and backfill costs — Overtime expenses are defined as the result of personnel who worked over and above their normal scheduled daily or weekly worked time in the performance of FEMA — approved activities. Backfill Costs also called "Overtime as Backfill" are defined as expenses from the result of personnel who are working overtime in order to perform the duties of other personnel who are temporarily assigned to FEMA — approved activities outside their core responsibilities. Neither overtime nor backfill expenses are the result of an increase of Full — Time Equivalent (FTEs) employees. These costs are allowed only to the extent the payment for such services is in accordance with the policies of the state or unit(s) of local govemment and has the approval of the state or the awarding agency, whichever is applicable. In no case is dual compensation allowable. That is, an employee of a unit of govemment may not receive compensation from their unit or agency of government AND from an award for a single period of time (e.g., 1:00 pm to 5:00 pm), even though such work may benefit both activities. Fringe benefits on overtime hours are limited to Federal Insurance Contributions Act (FICA), Workers' Compensation and Unemployment Compensation. , Travel expenses Meeting -related expenses Authorized office equipment: including personal computers, laptop computers, printers, LCD projectors, and other equipment or software which may be required to support the implementation of the homeland security strategy. The following are allowable only within the agreement period: 32 P74 Recurring fees/charges associated with certain equipment, such as cell phones, faxes. Leasing and/or renting of space for newly hired personnel to administer programs within the grant program. x WW,1. 6LM4V ;> Wi"S ' TOTAL AA EX.�PgAitIIRES $ � � iii:� W� MA- ' O�I�L E]C�E iT l4.ar W - s�� ._.r ' . '�. 33 P75 Attachment B Scope of Work/Deliverables The Emergency Management Performance Grant (EMPG) funding agreement is provided to perform eligible activities as identified in the Notice of Funding Opportunity (NOFO), Fiscal Year 2017 EMPG, Appendix B — FY 2017 EMPG Funding Guidelines. EMPG Program Guidance, FY2017 allowable costs are divided into the following categories: planning, organization, training, exercise, equipment, and management and administration. Eligible activities are outlined in Allowable Costs and Eligible Activities.. The intent of the EMPG Base Grant Agreement is to provide each.county with the means to successfully manage and operate an Emergency Management Program by enhancing county emergency management plans and programs that are consistent with 2 C.F.R. Part 200, the State Comprehensive Emergency Management Plan and Program (reference Rule Chapter 27P-6, Florida Administrative Code and Chapter 252, Florida Statutes). Counties must be able to prepare for, respond to, recover from, and mitigate against natural and man-made disasters/ emergencies. Each Emergency Managementstaff person must work the number of hours and assume the responsibilities for the duties in their official position description as well as provide the coordination and support for all incidents within their jurisdiction. By signing this Agreement, the Sub -Recipient certifies that it will use these funds to enhance the county's Emergency Management Program. Federal funds provided under this Agreement shall be matched by the Sub -Recipient dollar for dollar from non-federal funds. Monitoring: Monitoring will be accomplished through desk -based reviews, on-site monitoring visits, or both. Monitoring will involve the review and analysis of the financial, programmatic, performance, . compliance and administrative processes, policies, activities, and other attributes of each county and will identify areas where technical assistance, corrective actions and other support may be needed. Desk monitoring is the review of projects, financial activity and technical assistance between the Division and the applicant via e-mail and telephone. On -Site Monitoring are actual visits to the Sub -Recipient agencies by a Division representative who examines records, procedures and equipment. The Division may request additional monitoring/information if the activity, or lack thereof, generates questions from the region, the sponsoring agency or Division leadership. The method of gathering this information will be determined on a case-by-case basis. Procurement: All Procurement transactions will be conducted in a manner providing full and open competition and shall comply with the standards articulated in: • 2 C.F.R. Part 200; • Chapter 287, Florida Statues; and, • Any local procurement policy. Piggy -backing: The practice of one agency using the procurement/agreement of another agency is called piggybacking. The existing contract must contain language or other legal authority authorizing third parties to make purchases from the contract with the vendor's consent. The terms and conditions of the new contract, including the scope of work, must be substantially the same as those of the existing contract. The piggyback contract may not exceed the existing contract in the scope of volume of goods or services. An agency may not use the preexisting contract merely as a "basis to begin negotiations" for P76 a broader or materially different contract. Only piggy -back agreements that meet all requirements as outline in the Sub -Recipient shall be allowable. At a minimum the County is to successfully complete the following tasks throughout the contract period to ensure compliance and coordination with the state emergency management. Quarterly Tasks (Form1 B) will need to be provided each quarter to show completion or working towards the completion of each task. Items will also be reviewed during the mid -year and end -of year progress report prepared in conjunction with the Division's Regional Coordinator to validate compliance. All back-up documentation listed below shall be uploaded to the Division's SharePoint portal, https://portal.floridadisaster.orq Task(s): 1. 24-7 Operations. The minimum acceptable standard for payment is to maintain a 24-7 operation. The County Emergency Operation Center must be able to operate within the minimum acceptable standard to maintain a 24-7 operation, 7 days a week. Monthly acknowledgement during the State Watch Office's monthly communication test from either NAWAS, State EMNet Voice Manager, EMnet Message Manager, or via landline phone if the aforementioned systems are reported to the SWO as inoperable. 2. Proposed Match Plan (Form 3) is due with the signed agreement and will be used to compare with the match portion of your close out report. If your proposed match plan changes, an update should be provided. Federal funds provided under this Agreement shall be matched by the Sub -Recipient dollar for dollar from non-federal funds. NOTE: If the amount is NOT EMPA or if the federal • obligation exceeds EMPA then you need to identify the other non-federal match. In the space provided on the form, provide a narrative description on how you plan to meet the dollar for dollar match requirement. The Chief Financial Officer or equal authority must sign the Proposed Match form. 3. All Emergency Management personnel. Each quarter must provide.Quarterly Tasks (Form 1B) to show you are able to maintain a minimum level of capability. Submit current EMAP accreditation certification OR for each emergency management.positiori, provide certificates for the following training via SharePoint and/or SERT TRAC: . • IS 100 - Introduction to Incident Command System . • IS 200 — ICS for Single Resources and .lnitial Action Incidents • IS 700 — National Incident Management Systems (NIMS) • IS 800 — National Response Framework 4. EMPG Funding Positions Only - Training and Exercise - To ensure that each county emergency management agency complies with EMPG Guidance; each EMPG funded position during this contract period (Date of Execution — June 30, 2018) MUST provide the following items. County Emergency Management employee(s) should participate in no less than three (3) exercises within the 12 month Agreement period Submit an After Action Report (AAR) for each exercise conducted by the Sub -Recipient and/or provide sufficient exercise documentation (Le., sign in sheet, certificate, etc.) for participation in each exercise not conducted by the Sub -Recipient Complete the following training requirements and record proof of completion: NIMS Training, Independent Study (IS) 100, IS 200, IS 700, and IS 800. In addition, personnel shall complete either the Independent Study courses identified in the Professional Development Series or the National Emergency Management Basic Academy delivered either by the Emergency Management Institute (EMI) or at a sponsored State, local, tribal, territorial, regional or other, designated location. 35: P77 5. National Incident Management System (NIMS) - The Sub -Recipient will be required to complete a NIMS survey and provide the NIMS implementation status of your jurisdiction no later than December lst This survey, upon receipt, is designed to provide a self-assessment instrument to evaluate and report on your jurisdiction's implementation of the National Incident Management System (NIMS). 6. Coordination and Collaboration - Utilizing the elements below, county emergency management agencies will have an ongoing process that provides for coordinated and collaborated input in the preparation, implementation, evaluation and revision of emergency management programs. - • Attend the Regional Training and Exercise Planning (TEP) Workshop and provide an agenda and a copy of the sign in sheets or certificate to show participation during this contract period (July 1, 2017 — June 30, 2018) 7. Multi -Year Training and Exercise Plan (MYTEP) — Sub -Recipient is required to develop a MYTEP that identifies combination of exercises, along with associated trainings requirements, that addresses the priorities identified in the State TEPW. The county TEP will be included in the state submission of the MYTEP. Develop and submit no later than June 1st. Deliverable Subject to the funding limitations of this Agreement, the Division shall reimburse the Recipient on a quarterly basis for the documented allowable costs incurred during the successful completion of the task(s) required to be performed in that quarter. Additionally, the submission of the certified Quarterly Tasks form is required. Financial Consequence Failure to successfully complete each of the required tasks, as outlined in the identified quarter(s), will .result in a reduction of the Agreement amount by 10% per quarter. P78 Attachment C Program Statutes and Regulations 1. Age Discrimination Act of 1975 42 U.S.C. § 6101 et seq. 2. Americans with Disabilities Act of 1990 42 U.S.C. § 12101-12213 3. Chapter 473, Florida Statutes 4. Chapter 215, Florida Statutes 5. Chapter 252, Florida Statutes 6. Title VI of the Civil Rights Act of 1964 42 U.S.C. § 2000 et seq. 7. Title VIII of the Civil Rights Acts of 1968 42 U.S.C. § 3601 et seq. 8. Copyright notice 17 U.S.C. §§ 401 or 402 9. Assurances, Administrative Requirements and Cost Principles 2 C.F.R. Part 200 10. Debarment and Suspension Executive Orders 12549 and 12689 11. Drug Free Workplace Act of 1988 41 U.S.C. § 701 et seq. 12. Duplication of Benefits 2 C.F.R. Part 200, Subpart E 13. Energy Policy and Conservation Act 42 U.S.C. § 6201 14. False Claims Act and Program Fraud Civil Remedies 31 U.S.C. § 3729 also 38 U.S.C. § 3801-3812 15. Fly America Act of 1974 49 U.S.C. § 41102 also 49 U.S.C. § 40118 16. Hotel and Motel Fire Safety Act of 1990 15 U.S.C. § 2225a 17. Lobbying Prohibitions 31 U.S.C. § 1352 18. Patents and Intellectual Property Rights 35 U.S.C. § 200 et seq. 19. Procurement of Recovered Materials section 6002 of. Solid Waste Disposal Act 20. Terrorist Financing Executive Order 13224 . • 21. Title IX of the Education Amendments.of 1972 (Equal Opportunity in Education Act) U.S.C: § 1681 et seq. 22. Trafficking Victims Protection Act of 2000 22 U.S.C. § 7104 23. Rehabilitation Act of 1973 Section 504, .29 U.S.C. § 794 24. USA Patriot Act of 2001 18 U.S.C. § 175-172c 25. Whistleblower Protection Act 10 U.S.C. § 2409, 41 US.C. 4712, and 10 U.S.C. §. 26. 2324, 41 U.S.C. § § 4304 and 4310 27. 53 Federal Register 8034 28. Rule Chapters 27P-6, 27P-11 , and 27P-19, Florida Administrative Code 29. 2 C.F.R. Part 200: Uniform Administrative Requirements, Cost Requirements for Federal Awards 30. To the extent that 2 C.F.R. Part 200 supersedes any provision outlined above, 2 C.F.R. Part 200 shall apply Principles, and Audit 37 • P79 Attachment D Reports Sub -Recipient shall provide the Division with quarterly financial reports, mid -year and end -of -year summary progress reports prepared in conjunction with the Division's Regional Coordinator, and a final close-out report. Quarterly financial reports are due to the Division no later than thirty days after the end of each quarter of the program year; and shall continue to be submitted each quarter until submission of the final close-out report. The ending dates for each quarter of this program year are September 30, December 31, March 31 and June 30. Reporting Period Report due to FDEM no later than January 1 through March 31 April 30 April 1 through June 30 July 31 July 1 through September 30 October 31 October 1 through December 31 January 31 The Sub -Recipient shall provide the Division with full support documentation for the quarterly financial. reports. To eliminate Targe files and mailings, the Division will accept back up documentation on a CD if desiredby the Sub -Recipient. (Backup Documentation should reflect the amount requested on the Expenses Detail of Claims form.). • Planning Costs: Provide copies of contracts, MOUs or agreements with consultants or sub- contractors providing services. Copies of invoices/receipts and canceled checks or general ledger for proof of payment. May also request copies of planning materials and work products (i.e., meeting documents, copies of completed plans (if submission of plans is for the Division then only need to provide date of submission and who submitted plan/product to), etc.). Any costs for planning activities provided by in-house staff MUST be reported under "Organizational Activities". • Organizational Activities: Includes salaries and expenses (depending upon eligibility). Supply copies of timesheets (if applicable) documenting hours worked and proof employee was paid (i.e., earning statements/payroll registries). Expense items need to have copies of invoices/receipts and canceled checks or general ledger for proof of payment. All documentation for reimbursement MUST include exact amounts and MUST be clearly visible and defined (i.e., highlighted, underlined, circled &/or individually identified on a spreadsheet). • • Training Costs: Provide copies of contracts, MOUS or agreements with consultants or sub- contractors providing services. Copies of invoices/receipts and canceled checks or general ledger for proof of payment and a copy of the agenda and sign in rosters (if using pre 38 P80 populated sign in sheets they must be certified by the Emergency Management Director verifying attendance). May also request any training materials provided. • Exercise Costs: Provide copies of contracts, MOUs or agreements with consultants or sub- contractors providing services. Copies of invoices/receipts and canceled checks or general ledger for proof of payment and a copy of the agenda and sign in rosters (if using pre populated sign in sheets they must be certified by the Emergency Management Director verifying attendance). May also request any training materials provided. • Equipment Acquisition Costs: Copies of Invoices/receipts and canceled checks or general ledger for proof of payment. AEL# for each purchase (if applicable). • Management and Administrative Costs: Supply copies of timesheets documenting hours worked and proof employee was paid (i.e., earning statements/pavroll registries). • For travel and conferences related to EMPG activities, copies of all receipts must be submitted (i.e., airfare, proof of mileage, toll receipts, hotel receipts, car rental receipts, etc.) Receipts must be itemized and match the dates of traveUconference. If conference, a copy of the agenda must be provided. Proof of payment is also required for all travel and conferences. If the Sub -Recipient seeks reimbursement for travel costs that exceed the amounts stated in section 112.061(6)(b), Florida Statutes ($6 for breakfast, $11 for lunch, and $19 for dinner), then the Sub -Recipient must provide documentation that: The costs are reasonable and do not exceed charges normally allowed by the Sub -Recipient in its regular operations as a result of the Sub -Recipient's written travel policy; and participation of the individual in the travel is necessary to the Federal award. • If cancelled checks are NOT available, copies of the general ledger MUST be provided. A. The Quarterly Tasks Form is due with your quarterly financial report each quarter. This form identifies EMPG funded employees, the required training completed (or working towards completion), and the required amount of exercises during the agreement period. B. Proposed Match Plan (Form 3) is due with:the signed agreement and will be used to compare with the match portion of your close out report. If your proposed match plan changes an update should be provided. Federal funds provided under this Agreement shall be matched by the Sub - Recipient dollar for dollar from non-federal funds. NOTE: If the amount is NOT EMPA or if the federal obligation exceeds EMPA then you need to identify the other non-federal match. In the space provided on the form, provide a narrative description on how you plan to meet the dollar for dollar match requirement. The Proposed Match form must be signed by the Chief Financial Officer or equal authority. C. Mid -Year and End -of -Year summary progress reports are to be scheduled and reviewed by the Division's Regional Coordinator and submitted to the grant manager. D. The final Close Out report is due sixty (60) days after termination of this •Agreement. Federal funds provided under this agreement shall be matched by the Sub -Recipient dollar for dollar from non-federal funds. If the funds are being matched with EMPA and are Tess than the expended EMPA, no additional back-up/supporting documentation is needed. However, if your EMPG funds exceed EMPA, or if you are not using EMPA for match, the appropriate back-up/supporting documentation needs to be provided (i.e. general ledger with highlighted matching non-federal funds). E.: Programmatic. Point of Contact: 39 P81 Contractual Point of Contact Programmatic Point of Contact Joshua Bradt FDEM 2555 Shumard Oak Blvd. Tallahassee, FL 32399-2100 (850) 813-4348 Joshua.bradt@em.myflorida.com Karen Lyons FDEM 2555 Shumard Oak Blvd. Tallahassee, FL 32399-2100 (850) 815-4325 Karen.lyons@em.myflorida.com • The Division shall determine eligibility of projects and approve changes in Scope of Work. • The Division shall administer the financial processes. 40 P82 Attachment E JUSTIFICATION OF ADVANCE PAYMENT SUB -RECIPIENT: If you are requesting an advance, indicate same by checking the box below. [ ] ADVANCE REQUESTED Advance payment of $ is requested. Balance of payments will be made on a reimbursement basis. These funds are needed to pay staff, award benefits to clients, duplicate forms and purchase start-up supplies and equipment. We would not be able to operate the program without this advance. If you are requesting an advance, complete the following chart and Zine item justification below. ESTIMATED EXPENSES BUDGET CATEGORY/LINE ITEMS (list applicable line items) 20_-20_ Anticipated Expenditures for First Three Months of Contract For example ADMINISTRATIVE COSTS (Include Secondary Administration.) For example PROGRAM EXPENSES TOTAL EXPENSES LINE ITEM JUSTIFICATION (For each line item, provide a detailed justification explaining the need for the cash advance. The justification must include supporting documentation that clearly shows the advance will be expended within the first ninety (90) days of the contract term. Support documentation should include quotes for purchases, delivery timelines, salary and expense projections, etc. to provide the Division reasonable and necessary support that the advance will be expended within the first ninety (90) days of the contract term. Any advance funds not expended within the first ninety (90) days of the contract term shall be returned to the Division Cashier, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399, within thirty (30) days of receipt, along with any interest earned on the advance) 41 P83 Attachment F Warranties and Representations Financial Management The Sub -Recipient's financial management system must comply with 2 C.F.R. §200.302. Procurements Any procurement undertaken with funds authorized by this Agreement must comply with the requirements of 2 C.F.R. §200, Part D—Post Federal Award Requirements—Procurement Standards (2 C.F.R. §§200.317 through 200.326). Business Hours The Sub -Recipient shall have its offices open for business, with the entrance door open to the public, and at least one employee on site, from: 8:30 AM to 5:00 PM Monday through Friday Licensing and Permitting All subcontractors or employees hired by the Sub -Recipient shall have all current licenses and permits required for all of the particular work for which they are hired by the Sub -Recipient. 42 P84 Attachment G if_:Cern nation=R ardin=��'°�'�=�� arment Suspension; Inehg�bIlity�. Andf,Voluntarry, Exclusjon!_ `.: tin:=;./....-.... Subcontractor Covered Transactions (1) The prospective subcontractor of the Sub -Recipient, certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the Sub -Recipient's subcontractor is unable to certify to the above statement, the prospective subcontractor shall attach an explanation to this form. SUBCONTRACTOR: By: Signature Sub -Recipient's Name Name and Title DEM Contract Number Street Address Project Number City, State, Zip Date 43 P85 Attachment H Statement of Assurances The Sub -Recipient hereby assures and certifies compliance with all Federal statutes, regulations, policies, guidelines and requirements, including 2 C.F.R. Part 200; E.O. 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements 28 CFR, Part 66, Common rule, that govem the application, acceptance and use of Federal funds for this federally -assisted project. Also the Applicant assures and certifies that: 1. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (P.L. 91-646) which provides for fair and equitable treatment of persons displaced as a result of Federal and federally -assisted programs. 2. It will comply with provisions of Federal law which limit certain political activities of employees of a State or local unit of government whose principal employment is in connection with an activity financed in whole or in part by Federal grants. (5 USC 1501,et. seq.) 3. It will comply with the minimum wage and maximum hour's provisions of the Federal Fair Labor Standards Act. 4. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. 5. It will give the sponsoring agency or the Comptroller General, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the grant. 6. It will comply with all requirements imposed by the Federal sponsoring agency concerning special requirements of law, program requirements, and other administrative requirements. 7. It will ensure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. 8. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat. 975, approved December 31, 1976, Section 102(a) requires, on and after March 2, 1975, the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phrase "Federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance. 9. It will assist the Federal grantor agency in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593, and the Archeological and Historical Preservation Act of 1966 (16 USC 569a-1 et seq.) by (a) consulting with the State Historic 44 P86 Preservation Officer on the conduct of Investigations, as necessary, to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR Part 800.8) by the activity, and notifying the Federal grantor agency of the existence of any such properties and by (b) complying with all requirements established by the Federal grantor agency to avoid or mitigate adverse effects upon such properties. 10. It will comply, and assure the compliance of all its sub -recipients and contractors, with the applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, the Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act, as appropriate; the provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for Grants, M7100.1; and all other applicable Federal laws, orders, circulars, or regulations. 11. It will comply with the provisions of 28 CFR applicable to grants and cooperative agreements including Part 18, Administrative Review Procedure; Part 20, Criminal Justice Information Systems; Part 22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence Systems Operating Policies; Part 30, Intergovernmental Review of Department of Justice Programs and Activities; Part 42, Nondiscrimination/Equal Employment Opportunity Policies and Procedures; Part 61, Procedures for Implementing the National Environmental Policy Act; Part 63, Floodplain Management and Wetland Protection Procedures; and Federal laws or regulations applicable to Federal Assistance Programs. 12. It will comply, and all its contractors will comply, with the non-discrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789(d), or Victims of Crime Act (as appropriate); Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1973, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; Department of Justice Non -Discrimination Regulations, 28 CFR Part 42, Subparts C,D,E, and G; and Department of Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39. 13. In the event a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing on the Grounds of race, color, religion, national origin, sex, or disability against a Sub -Recipient of funds, the Sub -Recipient will forward a copy of the finding to the Office for Civil Rights, Office of Justice Programs. 14. It will provide an Equal Employment Opportunity Program if required to maintain one, where the application is for $500,000 or more. 15. It will comply with the provisions of the Coastal Barrier Resources Act (P.L. 97-348) dated October 19, 1982 (16 USC 3501 et seq.) which prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System. 16. DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug - Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67 Sections 67.615 and 67.620. 45 P87 Attachment 1 Mandatory Contract Provisions Provisions: Any contract or subcontract funded by this Agreement must contain the applicable provisions outlined in Appendix II to 2 C.F.R. Part 200. It is the responsibility of the sub -recipient to include the required provisions. The Division provides the following list of sample provisions that may be required: 46 P88 OMB Guidance (D) Davis.Bacon Act. as amended (10 U.S:C. 3191-3148). When required b. Federal program legislation. all prima construction contracts to excess of 52.E awarded by non -Federal entities must Include a provision for compli- ance with the Dace -flacon Act 140 U.S.C- 3141-3114. and 314G-2148) as supplemented by Department, of Labor regulations f CFR Part 5. "Labor Standards Provisions Appli- cable to Contracts Covering Federally P1- nanced and Assisted Construction"). in ac- cordance with the ttute. contractors mast he required to pay wages to laborers and me- chanics at a rate not less than the prevailing wagon specified in a wage determination made by the Secretary of Labor. In addition. contractors must be required to pay wages nor. less than once a week. The non -Federal entity must place a copy of the current pre- vailing wage determination Issued by the De- partment of Labor In each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non -Federal en- tity* must report all suspected or reported violations to the Pederal awarding agency. Tho contracts must also Include a provision for compliance with the Copeland -Anti- Kickback" Act (40 U.S.C. 31451. as supple- mented by Department of Labor re;ulatlons { CPR Part. 3. "Contractors and Sub- contractors on Public Building or Public Work Financed In Whole or in Part by (mans or Grants frons the United States"). The Act provides that each contractor or sub- reinplent must be prohibited from inducing. by any means. any person employed in the construction. completion. or repair of public work. to ¢rye up any part. of the compensa- tion to which be or she Is otherwise entitled. The non -Federal entity must report all sus- pected or reported violations to the Federal awarding agency. (E) Contract Work Boars and Safety Standards Act (40 U.S.C. 3701$709). Where applicable. all contracts awarded by the non- Federii entity in excess of 5100.000 that in- volve the-emplovmoni of mechanics or labor- ers must-tnclude a provision for compliance with 40 U.S.C. 3702 a.nd 3704. as supplemented by Depart.msnt of Labor regulations CPR Part 5). Linder 10 U.S.C. 370^ of the Act. each contractor met be required to compute the wallies of every mechanic and laborer on the basis of a standard work week of 40 hours. WorkIn excess of the standard work wook is permissible providod that tho worker is com- pensated at a rata of not less than ono and a half times the basic rale of pry for all hours worked to excess of 40 hour: ui the work wink. The re-quiremonts of 40 U.S.C.. 3701 are a,plicable to construction work and provide that no laborer no mechanic must. bo re- quired to work In s-urruundines or under working conditions which are unsanitary. h.•tznrdous or dangerous. These requirements de not apply to the purchases. of supplies or 47 Pt. 200, App. 11 materials or articles ordinarily available on the open market. or contracts for transpor- tation or transmission of intelligence. (F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of "funding agreement- ander _ementi'ander 27 CFR 14012 (a) and the recipient or subreciplent wishes to enter Into a contract with a small business firm or nonprofit orga- nization' regarding the substitution of par- va. assignment or performance of experi- mental- developmental- or research work under that "funding a¢tn'rnent." the recipi- ent or subreciplent must comply with the re- quirements of 37 CFR Part 401. "Rights to In- ventions Made by Nonprofit Organization and Small Busines Firms Under Govern- ment Grants. Contracts and Cooperative Agreements." and any implementing regula- tions issued by the awarding agency. (G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Pederal Water Pollution Control Act (33 U.S.C. 1251-1387). as amended—Contracts and subgrants of amounts in 0308.,' of 5150.000 must contain a provision that requires the non -Federal award to agree to comply with all applicable standards. orders or regula- tions Issued pursuant to the Clean Air Act (42 U.S.C. 7401-7{71q) and the Federal Water Pollution Control Act, as amended (32 C.S.C. 1251-1387). Violations must be reported to the Federal awarding sconce, and the Regional Office of the Environmental Protection Agency !EPA). (7i) Mandatory standards and pohcles re- lating to energy efficiency which aro con- tained to tho state energy conservation plan issued In compliance with the Energy Policy and Conservation Act (42 U.S.C. 1i21t). (I) Debarment and Suspension (Executive 'Orders 12510 and 12689)—A contract award (sea 2 CFR 180220) must not be made to par- ties listed on the governntentwide cluded Parties List System In the System for Award Management (SAM). in accordance with the OMB guidelines at 2 CFR 180 that Implement Executive Orders -F.1540 (3 CPR Part 1986 Comp.. p. 189) and 11 (3 CFR- Part 1989 Comp.. R 2"41. "Debarment and Suspension." The Excludod Parties List System In SAM contains the names of parties debarred. sus- pended. or othorwiso excluded by agencies. as welLas parties declared ineligible under stat- utory or regulatory authority Other than Ex- ectrtave Order 12519. 0) Byrd Anti -Lobbying Arnendment (31 U.S.C. 133)—Contractors that apply or bid for an award of 5100.000 or more must- file the requlral eerllftcat•ton. }nch tier certifies to the tier above (.bat. It will not and has riot. used Poderal appropriated funds to pay any person or or_antzataan for influencing or at- tempting W influeneo an officer or employee of any agency. a member of Conurc_ax officer or employee of Congress. or an employee of a member of Congress In connection with ob- talning any Federal contract, grantor any 195 P89 P1.200, App. 111 other award covered by a1 U.S.C. 1252. Each . tier must also disclose any lobbyinc with non -Federal funds that takes place in oon- nection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non -Federal award. (K) See g.272 Procurement of recovered materials. FF NDIX 11I TO PART 200--LmmmftECT (F&A) COSTS IDENTIFICATION AND ASSIGN -MEM', AND RATE DE'r n.MINi- TION FOR INSTITUTIONS OF RICHER EDUCATION (IBIS) A Grzentiar. This appendix provides criteria for identi- fying and computing indirect (or indirect (F&A)) rates at Ill2s (institutions). Indirect (F&A) costs are those that are incurred for common or joint objectives and therefore cannot be identified readily and specifically with a particular sponsored project. an in- structional activity. or any other Institu- tional activity. See subsection 111. Defini- tion of Facilities and Administration. for a discussion of the components of indirect (F&A) costs. I. Major Functions of an institution Refers to instruction. organized research. other sponsored activities and other institu- tional activities as defined to this section: a. Instruction means the teaching and training activities of an institution_ Except for research training as provided in sub- section b. this terns includes all teaching and training activities_ whether they are offered for credits toward a decree or certificate or on a non-credit 'basis. and whether they are offered through resular academic depart- ments or separate divisions. such as a sum- mer school division or an extension division. Also considered part of this major function are departanent.'tl research. and. where agreed to. university resoarch: • (1) Sponsored instruction and training means specific instructional or training activity es- tablished by grant. contract, or cooperative agreement. For 'purposes of the cost prin- ciples. this activity may be considered a major function oven though an institution's accounting treatment may include It in the instruction function. (.2_) i OIATInitutat rcaeorch meson research. development and scholarly activities that are not organized research and. con- sequently. aro not serarately budgeted and accounted for. l)eparianental research. for purposes of this document, is not considered as a major function. hut as a part of the in- struction function of the Institution. b. Ortanized research means all research and development activities of an Institution that are separately bud_etel and accounted for. It Includes: 48 2 CFR Ch. 11 (1-1-14 Edition) (1) Sponsored research means all research and development activities that are. spon- sored by Federal and non -Federal agencies and orcanizations. This term includes activi- ties involving the training of individuals in research techniques iconimonly called re- search training) where such activities uwlize the same redlitdes as other research and de- velopment activities and where such activi- ties are not included In the instruction func- tion. (2) iit:irersftp research means all research and development activities that are sepa- rately budgeted and accounted for by the in- stitution under an Internal application of in- stitutional funds. University research. for purposes of this document. muss be com- bined with sponsored research -under the function of organized research. c. Other sponsored activities means programs and projects financed by Federal and non - Federal agencies and organizations which in- volve the performance of work other than in- struction and organized research_ Examples of such programs and projects are health service projects and community service pro- grams. However. when any of these activities are undertaken by the institution without outside support, they may be classified as other institutional activities. d. Other inalifullonat aclttnites meenv all ac- tivities of an institution except for instruc- tion. departmental research. organized re- search. and other sponsored activities. as de- fined in this section: indirect (F&A) cost ac- tivities identified In this Appendix para- . - graph R. Identification and assignment of in- direct (F&A) costs: and specialized services facilities described In §200.468 Specialized servnce facilities of this Part-. Examples of other Institutional activities include operation of residence halls. dinino halls. hospitals and clinics. student unions. intercollegiate athletics. bookstores. faculty housing.. student apartments. guest houses. chapels. theaters. public museums. and other similar auxiliary enterprises. This definition also includes any other categories 'of activi- ties costs of which aro "unallowable" to Federal swards. unless otherwise indicated in an award. - 2. C.rUeno for Disrbution a. !lose period. A base period for distribu- tion of indirect (FSA) costs is the period clurine which the costs are Incurred. The base period normally should coincide with the fiscal year established by the Institution. but In any event tho baso period should be so selected as to avoid Inequities in iiia dis- tribution of costs. b, Need for cast groupirifis. The overall ob- joctavo of the indirect: (F&A) cost allocation process Is to distribute the Indirect tF&Al costs_doscribed in Section A. Identification and asst nmont. of Indirect (F&A( costs. to 196 P90 Attachment J Allowable Cost and Eligible Activities I. Categories and Eligible Activities The 2017 EMPG Funding Guidance allowable costs are divided into the following categories: planning, organization, training, exercise, equipment, and management and administration. Allowable Costs A. Planning Planning spans all five National Preparedness Goal (the Goal) mission areas and provides a baseline for determining potential threats and hazards, required capabilities, required resources, and establishes a framework for roles and responsibilities. Planning provides a methodical way to engage the whole community in the development of a strategic, operational, and/or community-based approach to preparedness. Plans should have prior review and approval from the respective DEM state program. Funds may not be reimbursed for any plans that are not approved. EMPG Program funds may be used to develop or enhance emergency management planning activities. Some examples include: • Emergency Management/Operation Plans • Communications Plans • Continuity/Administrative Plans Whole Community Engagement/Planning • Resource Management Planning • Evacuation planning • Recovery Planning • Federal (and Mutual Aid) Emergency Response Official.(F/ERO)Credentialing and Validation B. Organization Per the Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended, (42 U.S.C. §§ 5121-5207), EMPG Program funds may be used for all -hazards emergency management operations, staffing, and other day-to-day activities in support of emergency management. Sub - Recipients are encouraged to fund at least one dedicated Planner, Training Officer, and Exercise Officer. Personnel costs, including salary, overtime, compensatory time off, and associated fringe benefits, are allowable costs with EMPG Program funds. These costs must comply with 2 C.F.R. Part 200, Subpart E — Cost Principles. The quarterly minimum acceptable standard is to have the qualified staffing level for the county based upon Rules 27P-11.004 and 27P-11.0061 (definition below). Each Emergency Management staff person must be available to work the number of hours and assume the responsibilities for the duties in their official position description as well as s provide the coordination and support for all incidents within the jurisdiction on a 24 hour basis. Personnel costs 27P-11.004, 27P-11.0061 (1) Counties with populations of 75,000 or more must have a full time emergency management director. Counties with populations of less than 75,000 or partyto an interjurisdictional emergency management agreement entered into pursuant to. Section 252.38(3)(b), F.S., that is recognized by the 49 P91 Govemor by executive order or rule, are encouraged to have a full time director, but, must, as a minimum, have an emergency management coordinator who works at least 20 hours a week in that capacity. "Full-time Emergency Management Director' means a single professional emergency management program Administrator working full-time as identified in the position description established by the governing body of the jurisdiction. (2) The county must have an emergency management program which has been approved by the Division of Emergency Management. Program approval will require: compliance with appropriate federal and state laws, rules and regulations; satisfactory completion of work elements of the previous year, and, a current proposal containing work elements commensurate with the needs of that county and a proposed budget. Eligible County Emergency Management Agencies in the state shall be allocated annual Federal Emergency Management Agency (FEMA) Emergency Management Performance Grant (EMPG) funding based on the following factors: an amount initially allocated to the county under its Fiscal Year 1994-95 Emergency Management Assistance agreement with the Division of Emergency Management (Division), a base amount distributed equally to each county and an amount commensurate with each county's proportionate share of the state's total population based on the most recent official population estimates. These amounts shall be increased or decreased to reflect additions or reductions in the availability of FEMA EMPG funds to the Division and the Division's distribution of funds to local governments. After providing for the initial allocation and the base amount allocation as described above, each county's increase or decrease shall be commensurate with its proportionate share of the state's total population based on the most recent official population estimates. Federal funds shall be used by the county for personnel, travel and operational expenses. Each county must be able to provide a non-federal match for federal funds on a dollar for dollar basis. Mandatory Training and Exercise Requirements for EMPG funded emplovees only All EMPG Program funded personnel shall complete the following training requirements and record proof of completion: NIMS Training, Independent Study (IS) 100, IS 200, IS 700, and IS 800. In addition, personnel shall complete eitherthe Independent Study courses identified in the Professional Development Series or the National Emergency Management Basic Academy delivered either by the Emergency Management Institute (EMI) or at a sponsored State, local, tribal, territorial, regional or other, 'designated location. The Quarterly Tasks (Form 1 B) is due every quarter with your quarterly financial report. This is to identify all EMPG funded employees, the completion of the required training (or working towards completion) and the required amount of exercises during the agreement period. Eligible "Organization" items include, but are not limited to: • Utility (electric, water and sewage) and Telephone Bilis (landlines, cellular, and satellite) • Internet Service • Maintenance Agreements for equipment or services (reimbursement can only be claimed for services within the Agreement period) • General Office Supplies • Dues and Conference Travel as it relates to the Scope of Work • Equipment (that does not require an AEL #) • Software and upgrades • Publications and Training Materials • Postage • Apparel for identification of Emergency Management Staff in the field • Fuel for Emergency Management vehicles • Food/Beverages for activations (must have Governor's Executive Order or a declared Local State of Emergency or prior approval from DEM/DFS) • Travel to/from meetings and conferences related to emergency management • Travel to training and/or exercises related to emergency management • Other PersonaUContractual Services • Reimbursement for services by a person(s) who is not a regular or full time employee filling established positions: This includes but is not limited to, temporary employees, student or 50 P92 graduate assistants, fellowships, part time academic employment, board members, consultants, and other services. • Consultant Services require a pre -approved Contract or purchase order by the Division. Copies of additional quotes should also be supplied when requesting pre -approval. These requests should be sent to the grant manager for the Division for review. • Maintenance and Enhancement • Major repairs to the County Emergency Operations Center • Central Heat/Air • Out buildings for storage of Emergency Management Equipment (Need prior EHP approval) • Security Improvements (Le. Cameras and equipment to operate) • Generators and Installation (Need prior EHP approval) C. Training EMPG Program funds may be used for a range of emergency management -related training activities to enhance the capabilities of local emergency management personnel through the establishment, support, conduct, and attendance of training. Training activities should align to a current, Multi -Year TEP developed through an annual TEPW. Further guidance concerning the TEP and the TEPW can be found at http://www.fema.gov/exercise. Training should foster the development of a community oriented approach to emergency management that emphasizes engagement at the community level, strengthens best practices, and provides a path toward building sustainable resilience. EMPG Program funds used for training should support the nationwide implementation of NIMS. The NIMS Training Program establishes a national curriculum for NIMS and provides information on NIMS courses; Sub -Recipients are encouraged to place emphasis on the core competencies as defined in the NIMS Training Program. The NIMS Training Program can be found at http://www.fema.pov/traininp-0. The NIMS Guideline for Credentialing of Personnel provides guidance on the national credentialing standards. The NIMS Guidelines for Credentialing can be found at http://www.fema.qov/nims- doctrine-supporting-guides-tools. Professional Development Series courses include: • IS -120.a An Introduction to Exercises • IS -230.d Fundamentals of Emergency Management • IS -235.b Emergency Planning • IS -240.b Leadership and Influence • IS -241.b Decision Making and Problem Solving • IS -242.b Effective Communication • IS -244.b Developing and Managing Volunteers To ensure the professional development of the emergency management workforce, the Sub - Recipients must ensure a routine capabilities assessment is accomplished and a TEP is developed and implemented. For additional information on review and approval requirements for training courses funded with preparedness grants please refer to the following policy: http://www.fema.gov/media-library- data/1115d44e06367bb89510aafbe79c1875/FINAL GPD+Training+Three+for+Free+Policv 09+10+ 13.pdf. Additional typesof training or training related activities include, but are not limited to, the following: • Developing/enhancing systems to monitor training programs • • Conducting all hazards emergency management training • Attending Emergency Management Institute (EMI) training or delivering EMI.train-the-trainer courses • Attending other FEMA -approved emergency management training • • State -approved; locally -sponsored CERT training . 51 P93 • Mass evacuation training at local, state, and tribal levels Allowable training -related costs include the following: • Funds Used to Develop, Deliver, and Evaluate Training. This includes costs related to administering the training: planning, scheduling, facilities, materials and supplies, reproduction of materials, and equipment. Training should provide the opportunity to demonstrate and validate skills learned, as well as to identify any gaps in these skills. Any training or training gaps, including those for children and individuals with disabilities or access and functional needs, should be identified in the Multi-year TEP and addressed in the training cycle. States are encouraged to use existing training rather than developing new courses. When developing new courses states are encouraged to apply the Analysis Design Development and Implementation Evaluation (ADDIE) model for instruction design. • Overtime and Backfill. The entire amount of overtime costs, including payments related to backfilling personnel, which are the direct result of attendance at FEMA and/or approved training courses and programs are allowable. These costs are allowed only,to the extent the payment for such services is in accordance with the policies of the state or unit(s) of local government and has the approval of the state or FEMA, whichever is applicable. In no case is dual compensation allowable. That is, an employee of a unit of government may not receive compensation from their unit or agency of government AND from an award for a single period of time (e.g., 1:00 p.m. to 5:00 p.m.), even though such work may benefit both activities. • Travel. Travel costs (e.g., airfare, mileage, per diem, and hotel) are allowable as expenses by employees who are on travel status for official business related to approved training. • Hiring of Full or Part -Time Staff or Contractors/Consultants. Full or part-time staff or contractors/consultants may be hired to support direct training -related activities. Payment of salaries and fringe benefits must be in accordance with the policies of the state or unit(s) of local government and have the approval of the state or FEMA, whichever is applicable. • Certification/Recertification of Instructors. Costs associated with the certification and re- certification of instructors are allowed. States are encouraged to follow the FEMA Instructor Quality Assurance Program to ensure a minimum level of competency and corresponding levels of evaluation of student learning. This is particularly important for those courses which involve training of trainers. D. Exercises All EMPG-funded personnel are REQUIRED to participate in no less than three exercises in a 12 month period. Allowable -exercise -related costs include: • Funds Used to Design, Develop, Conduct and Evaluate an Exercise. This includes costs related to planning, meeting space and other meeting costs, facilitation costs, materials and supplies, travel, and documentation. Sub -Recipients are encouraged to use free public space/locationsffacilities, whenever available, prior to the rental of space/locations/facilities. Exercises should provide the opportunity to demonstrate and validate skills teamed, as well as to identify any gaps in these skills. Gaps identified during an exercise including those for children and individualswith disabilities or access and functional needs, should be identified in the AAR/IP and addressed in the exercise cycle. • Hiring of Full or Part -Time Staff or Contractors/Consultants. Full or part—time staff may be hired to support direct exercise activities. Payment of salaries and fringe benefits must be in accordance with the policies of the state or unit(s) of local government and have the approval of the state or FEMA, whichever is applicable. The services of contractors/consultants may also be procured to support the design, development, conduct and evaluation of exercises. • Overtime and Backfill. The entire amount of overtime costs, including payments related to backfilling personnel, which are the direct result of time spent on the design, development and conduct of exercises are allowable expenses. These costs are allowed only to the extent the e payment for such services is in accordance with the policies of the state or unit(s) of local 52 P94 government and has the approval of the state or FEMA, whichever is applicable. In no case is dual compensation allowable. That is, an employee of a unit of government may not receive compensation from their unit or agency of govemment AND from an award for a single period of time (e.g., 1:00 p.m. to 5:00 p.m.), even though such work may benefit both activities. • Travel. Travel costs (e.g., airfare, mileage, per diem, hotel) are allowable as expenses by employees who are on travel status for official business related to the planning and conduct of the exercise activities. • Supplies. Supplies are items that are expended or consumed during the course of the planning and conduct of the exercise activities (e.g., gloves, non-sterile masks, and disposable protective equipment). • Implementation of HSEEP. This refers to costs related to developing and maintaining an exercise program consistent with HSEEP. • Other Items. These costs are limited to items consumed in direct support of exercise activities such as the rental of space/locations for planning and conducting an exercise, rental of equipment, and the procurement of other essential nondurable goods. Sub -Recipients are encouraged to use free public space/locations, whenever available, prior to the rental of space/locations. Costs associated with inclusive practices and the provision of reasonable accommodations and modifications that facilitate full access for children and adults with disabilities are allowable. Unauthorized exercise -related costs include: • Reimbursement for the maintenance and/or wear and tear costs of general use vehicles (e.g., construction vehicles) and emergency response apparatus (e.g., fire trucks, ambulances). The only vehicle costs that are reimbursable are fuel/gasoline or mileage. • Equipment that is purchased for permanent installation and/or use, beyond the scope of exercise conduct (e.g., electronic messaging signs) Durable and non -durable goods purchased for installation and/or use beyond the scope of exercise conduct E. Equipment Allowable equipment categories for the-EMPG Program are listed on the web -based version of the Authorized Equipment List (AEL) at https://www.fema.gov/authorized-equipment-list. Unless 'otherwise stated, equipment must meet all mandatory regulatory and/or FEMA -adopted standards to be eligible for purchase using these funds. In addition, agencies will be responsible for obtaining and maintaining all necessary certifications and licenses for the requested equipment. Allowable equipment includes equipment from the following AEL categories: _ • Personal Protective Equipment (PPE) (Category 1) • Information Technology (Category 4) • Cybersecurity Enhancement Equipment (Category 5) • Interoperable Communications Equipment (Category 6) • Detection Equipment (Category 7) • Power Equipment (Category 10) • Chemical, Biological, Radiological, Nuclear, and Explosive (CBRNE) Reference Materials (Category 11) • CBRNE Incident Response Vehicles (Category 12) • Physical Security Enhancement Equipment (Category 14) • CBRNE Logistical Support Equipment (Category 19) • Other Authorized Equipment (Category 21) In addition to the above, general purpose vehicles are allowed to be procured in order to carry out the responsibilities of the EMPG Program. If Sub -Recipients have questions concerning the eligibility of equipmentnot specifically addressed in the AEL, they should contact their Grant Manager for clarification. 53 P95 Sub -Recipients should analyze the cost benefits of purchasing versus leasing equipment, especially high cost items and those subject to rapid technical advances. Large equipment purchases must be identified and explained. For more information regarding property management standards for equipment, please reference 2 C.F.R. Part 200, including 2 C.F.R. §§ 200.310, 200.313, and 200.316. Controlled Equipment Grant funds may be used for the purchase of Controlled Equipment, however, because of the nature of the equipment and the potential impact on the community, there are additional and specific requirements in order to acquire this equipment. Refer to Information Bulletin 407 Use of Grant Funds for Controlled Equipment for the complete Controlled Equipment List, information regarding the Controlled Equipment Request Form, and a description of the specific requirements for acquiring controlled equipment with DHS/FEMA grant funds. For additional information on controlled equipment refer to Executive Order (EO) 13688 Federal Support for Local Law Enforcement Equipment Acquisition (https://www.gpo.gov/fdsys/pkq/DCPD-201500033/pdf/DCPD-201500033.pdf), and the Recommendations Pursuant to Executive Order 13688 (https://www.whitehouse.qov/sites/default/files/docs/le equipment wq final report final.pdf). Requirements for Small Unmanned Aircraft System All requests to purchase Small Unmanned Aircraft System (SUAS) with FEMA grant funding must also include the policies and procedures in place to safeguard individuals' privacy, civil rights, and civil liberties of the jurisdiction that will purchase, take title to, or otherwise use the SUAS equipment, see Presidential Memorandum: Promoting Economic Competitiveness While Safeguarding Privacy, _ Civil Rights, and Civil Liberties, in Domestic Use of Unmanned Aircraft Systems(https://www.whitehouse.qov/the-press-office/2015/02/15/presidential-memorandum- promotinq-economic-competitiveness-while-safequa), issued February 20, 2015. F. Management and Administration (M&A) M&A activities are those defined as directly relating to the management and administration of EMPG Program funds, such as financial management and monitoring. It should be noted that salaries -of state and local emergency managers are not typically categorized as M&A, unless the state or local EMA chooses to assign personnel to specific M&A activities. Indirect Costs Indirect costs are allowable under this program as described in 2 C.F.R. § 200.414. With the exception of Sub -Recipients who have never received a negotiated indirect cost rate as described in 2 C.F.R. § 200.414(0, Sub -Recipients must have an approved indirect cost rate agreement with their cognizant federal agency to charge indirect costs to this award. A copy of the approved rate (a fully executed, agreement negotiated with the applicant's cognizant federal agency) is required at the time of application, and must be provided to FEMA before indirect costs are charged to the award. II. Construction and Renovation Construction and renovation projects for a state, local, territorial, or Tribal govemment's principal Emergency Operations Center (EOC) as defined by the SAA are allowable under the EMPG Program. Written approval must be provided by FEMA prior to the use of any EMPG Program funds for construction or renovation. Requests for EMPG Program funds for construction of an EOC must be accompanied by an EOC Investment Justification (FEMA Form 089-0-0-3; OMB Control Number 1660-0124 (http://www.fema.qov/pdf/government/grant/2011/fv11 eoc inv.pdf) to their Regional EMPG Program Manager for review, Additionally, Sub -Recipients are required to submit a SF -424C Budget and Budget detail citing the project costs. 54 P96 When applying for funds to construct communication towers Sub -Recipients must submit evidence that the. Federal Communication Commission's (FCC) Section 106 review process has been completed and submit all documentation resulting from that review to GPD prior to submitting materials for EHP review. Sub -Recipients are also encouraged to have completed as many steps as possible for a successful EHP review in support of their proposal for funding (e.g., coordination with their State Historic Preservation Office to identify potential historic preservation issues and to discuss the potential for project effects, compliance with all state and EHP laws and requirements). Projects for which the Sub -Recipient believes an Environmental Assessment (EA) may be needed, as defined in 44 C.F.R. § 10.8, must also be identified to the FEMA EMPG Regional Program Manager within six months of the award and completed EHP review materials must be submitted no later than 12 months before the end of the period of performance. EHP review packets should be sent to qpdehpinfofema.qov. EMPG Program Sub -Recipients using funds for construction projects must comply with the Davis - Bacon Act (40 U.S.C. §§ 3141 et seq.). Grant Sub -Recipients must ensure that their contractors or subcontractors for construction projects pay workers no less than the prevailing wages for laborers and mechanics employed on projects of a character similar to the contract work in the civil subdivision of the state in which the work is to be performed. Additional information regarding compliance with the Davis -Bacon Act, including Department of Labor (DOL) wage determinations, is available from the following website: http://www.dol.qov/compliance/laws/comp-clbra.htm. III. Maintenance and Sustainment The use of FEMA preparedness grant funds for maintenance contracts, warranties, repair or replacement costs, upgrades, and user fees are allowable under all active grant awards, unless otherwise noted. EMPG Program grant funds are intended to support the Goal and fund activities and projects that . . build and sustain the capabilities necessary to prevent, protect against, mitigate the effects of, respond to, and recover from those threats that pose the greatest risk to the security of the Nation. In . order to provide Sub -Recipients the ability to meet this objective, the policy set forth in GPD's IB 379 (http://www.fema.qov/grant-programs-directorate-information-bulletins) (Guidance to State Administrative Agencies to Expedite the Expenditure of Certain DHS/FEMA Grant Funding) allows for the expansion of eligible maintenance and sustainment costs, which must be in: (1) direct support of existing capabilities; (2) must be an otherwise allowable expenditure under the applicable grant program; (3) be tied to one of the core capabilities in the five mission areas contained within the Goal, and (4) shareable through the EMAC. Additionally, eligible costs may also be in support of equipment, training, and critical resources that have previously been purchased with either federal grant funding or any other source of funding other than DHS/FEMA preparedness grant program dollars. Additional guidance is provided in FEMA Policy FP 205-402-125-1, Maintenance Contracts and Warranty Coverage Funded by Preparedness Grants, located at: http://www.fema.qov/media- librarv/assets/documents/32474. Unallowable Costs• . • Prohibited Equipment: Grant funds may not be used for the purchase of Prohibited Equipment. Refer to Information Bulletin 407 Use of Grant Funds for Controlled Equipment for the complete Prohibited Equipment List. For additional information on Prohibited Equipment see Executive Order (EO) 13688 Federal Support for Local Law Enforcement Equipment Acquisition (https://www.apo.qov/fdsys/pkq/DCPD-201500033/pdf/DCPD-201500033.pdf), and the Recommendations Pursuant to Executive Order 13688(https://www.whitehouse.qov/sites/default/files/docs/le equipment wq final report final.pd D. . • Expenditures for weapons systems and ammunition 55 P97 • Costs to support the hiring of swom public safety officers for the purposes of fulfilling traditional public safety duties or to supplant traditional public safety positions and responsibilities • Activities and projects unrelated to the completion and implementation of the EMPG Program In general, Sub -Recipients should consult with their Grant Manager prior to making any investment that does not clearly meet the allowable expense criteria established in this Guidance. IV. Environmental Planning and Historic Preservation (EHP) Compliance As a federal agency, FEMA is required to consider the effects of its actions on the environment and/or historic properties to ensure that all activities and programs funded by the agency, including grants - funded projects, comply with federal EHP regulations, laws and Executive Orders as applicable. Sub - Recipients proposing projects that have the potential to impact the environment, including but not limited to construction of communication towers, modification or renovation of existing buildings, structures and facilities, or new construction including replacement of facilities, must participate in the FEMA EHP review process. The EHP review process involves the submission of a detailed project description that explains the goals and objectives of the proposed project along with supporting documentation so that FEMA may determine whether the proposed project has the potential to impact environmental resources and/or historic properties. In some cases, FEMA also is required to consult with other regulatory agencies and the public in order to complete the review process. The EHP review process must be completed and approved before funds are released to carry out the proposed project. FEMA will not fund projects that are initiated without the required EHP review. Additionally, all Sub -Recipients are required to comply with FEMA EHP Policy Guidance. This EHP Policy Guidance can be found in FP 108-023-1, Environmental Planning and Historic Preservation Policy Guidance (http://www.fema.gov/media-library-data/1421336453304- d48abd61f8b2a35d2bad325ae49ae531/FPI080231 Environmental Planning Historic Preservation Policv.pdf) and FP 108.24.4, Environmental Planning and Historical Preservation Policy (http://www.fema. gov/media-librarv-data/1388411752234- 6ddb79121951 a68e9ba036d2569aa488/18Dec13-NoNEPAReview.pdf) EHP Technical Assistance, including the EHP Screening Form, can be found at (http://www.fema. gov/media-library-data/20130726-1806-25045- 2839/gpd ehp screening form omb 1660 0115 lune 2011.pdf) V. Other Conditions Vehicles • Written approval from the Director of the Division must be obtained prior to the purchase of any motor vehicle with funds provided under this Agreement. In the absence of such approval, the Division has no obligation to honor such reimbursement request. Any trade-in or resale funds received relating to any vehicle purchased under this subgrant is program income and must be applied toward the Sub -Recipient's EMPG Base Grant expenditures. Food and beverages - • Food and beverages may be purchased for Emergency Management personnel -and other personnel only if the Sub -Recipient's Emergency Operation Center or field command office is in an activated status and personnel receiving food/beverage are on duty at either of these locations. Purchases may be made only under (1) An Executive Order issued by the Governor, (2) a State of Emergency appropriately declared by local officials in response to an emergency event or threat or (3) the Division may consider additional request. The request would need prior approval from Department of Financial Services and the Division. For more information, ask your grant manager. 56 P98 ATTACHMENT A PROPOSED PROGRAM BUDGET • Funding from the Emergency Management Performance Grant is intended for use by the Sub - Recipient to perform eligible activities as identified in Notice of Funding Opportunity (NOFO), Fiscal Year 2017 EMPG, Appendix B — FY 2017 EMPG Funding Guidelines and programs that are consistent with 2 C.F.R. Part 200, State Rule Chapter 27P-6, Florida Administrative Code and Chapter 252, Florida Statutes). • Below is a general budget which outlines eligible categories and their allocation under this award. The Sub -recipient is to utilize the "Proposed Program Budget" as a guide for completing the "Budget Detail Worksheet" below. • The Equipment category will require Authorized Equipment List (AEL) reference number. The Authorized Equipment List (AEL) is a list of approved equipment types allowed under FEMA's preparedness grant programs. The intended audience of this tool is emergency managers, first responders, and other homeland security professionals. The AEL can be found at https://www.fema.gov/authorized-equipment-list. • The transfer of funds between the categories listed in the Proposed Program Budget is permitted. If funds need to be moved in categories, send a revised Proposed Program Budget to your grant manager. µ. 4. -. -"%.,'`;,1SubeciientAg z� ni£x_ yiF e xory A"y3. .,`"CYY „� 'Categ AA o AllocatedA. 't --'- FY 2017 — Emergency Management Performance Grant Program INDIAN RIVER COUNTY _ Planning Expenditures Organization Expenditures Training Expenditures Exercise Expenditures Equipment Expenditures Management and Administration. Expenditures (no greater than 5%) - : {v ltt�,,-�;;,. `te 3 `' } TotaFrA a d z ;7 - � 5` a ��ce A8 k ' . 'ms's-; 28 P99 ' *' �Y�OVEWDGETDETAW � s,CTIT.._ES p rir - 1.:Takim os' ``' ,,I.,-,1--,a- .r.,,,,&'-��Notatmitart�eke7trarbitl3Tw -i �,;'+ '"`---V �':ay OR'utKS-teH.. E<_T EfieIG'JEIB:v `Ri_- ^Nt ^'c ,144-i .:i".',-,..-.- 3r.. :,,t..ia.�3kxa . Emergency Management/Operation Plan sLrErFA: ,--CrV `. `` ' a � Communications Plans Continuity/Administrative Plans Whole Community Engagement/Planning Resource Management Planning Evacuation Planning Recovery Planning Credentialing and Validation Hiring of full or part-time staff or contractors/consultants to assist with planning activities (not for the purpose of hiring public safety personnel fulfilling traditional public safety duties) :Materials required to conduct planning activities. :Travel/per diem related to planning activities Overtime and backfill costs ;t ,g--.:4,,. ' :'i a.,'r> -,.,, 3'4 i 1 .t y -. , ,.t r _ �+. ' x r' it '4 �`�{ � + �s ik-1 sem' 7 I_.,• _i x .3-<:-. �t�'r____i: �.�-r, �'B_.._.� .... ��.s ....4:�'+_.. ;.c �r C . .s .' t o 'u 1-� r� t ?s..-.t ^•efr� .:L..'._r-_>c .+w..z. .r _t..� .R.� .e,? '4,',--7,1',%;,i,-,-♦v.• : Unit Cost c�`t.._ otal Cost . _. _,,,b :.W L I,. 3 , S 'Y.. t yit l ,,.� { •L\ x,411owable�Ordir*atii Costs { r: " r ].:y"f.''e,",-, r Quantity Hiring of full or part-time staff or contractors/consultants (temporary employees, student or graduate assistant fellowships, part time academic employment, consultants and other services) Overtime and backfill costs Utility (electric, water and sewage) Telephone Bills (landlines, cellular and satellite) - - Internet Services Maintenance agreements for equipment or series Supplies . Software and Upgrades Computers, printers, copiers and fax machines . 29 P100 Radios Satellite telephones Storage and shelving for storage Other emergency response communication Furniture Postage - .' - Apparel for identification Fuel Memberships and Conference Travel Vehicle(s) Publications - - Design, Dovaop, Conduct and Evaluate an Exercise ExerciseP|onningVVodkshop-Fundamoybeuaedtop|on and conduct an Exercise Planning Workshop to include costs related to p|anning, meeting space and other meeting costs, materials and supplies, travel and exercise plan development. Full orPart-Time Staff orContractors/Consultants - (Full or part-time staff may be hired to support exercise -related activities. Payment of saaries and fringe benefits must be in accordance with the policies of the state or local unit(s) of government and have the approval of the state or the awarding agency, whichever is applicable.) OvmdimeandbaokfiUcooto-OvmrtimeandbookfiUcosbs` including expenses for part-time and volunteer emergency response personnel participating in approved exercises. Implementation of Homeland Security Exercise and Evaluation Program - Travel - Travecosts (Le., airfare, mileage, per diem, hotel, etc.) are atlowable as expenses by employeeswho are on travel status for official business related to the planning and conduct of the exercise project(s). These costs must be in accordance with state law. States must also follow state regulations regarding travel. If a state or territory does not have a travel poticy they must foltow federal guideIine and rates. Supplies - Supplies are items that are expended or consumed during the course ofthe planning and conduct of theexercise project(s) (e.g., copying paper,g|uvea, tape, non-sterile masks and disposable protective equipment) 30 P101 31 P102 �' = TOTAL EXERCISE az EXPENDITURES''' $j. " t,cr• ^:]"['Sa L- s'Ey .-s. ' ' - • ' 3'¢Tt*l'F AllowaA to ` s02Y is,iy,:4iY� �._lvy YU• •3 1a.�aa` +fat iM�i4"'c� W -V, I f?- a Cost -- yt Develop, Deliver and Evaluate Training Overtime and backfill for emergency preparedness and response personnel attending sponsored and approved training classes Overtime and backfill expenses for part-time and volunteer emergency response personnel participating in approved training Training Workshops and Conferences Full or Part -Time Staff or Contractors/Consultants Certification/Recertification of Instructors Travel Supplies are items that are expended or consumed during the course of the planning and conduct of the exercise project(s) (e.g., copying paper, gloves, tape, non-sterile masks; and disposable protective equipment) Instructor certification/re-certification Coordination with Citizen Corps Councils in conducting training. x —a•_ 1,-S�l:yc• --=�++a::�-a'a-c'e�"��..�rr+;, -;:P.-- ..�s," .�. ��s.. , -'- ,,,= -`.e. .-..�_; `'. OTAI.Arra ,NINE FJ(PENDITUR€S- s� a ' s' Eligible Equipment Acquisition Costs Quantity Unit Cost Total Cost e' ipment Fes. � z � Personal protectivequ .., .. t -..__'. .,.... . _.- ,.-.5,... .,. ....: ...,. .. ... ...Y,i.. ., � .. .. .. fir..... .. i. InfoRnation .tech ... _:......................... - Cybersecurity,enhancement equipment ".;:'.::• ; .``:':;::::' ; :..:..' . ; .'',..• Interoperable.coriimunications` .me ui :"nt t`�:`:'::.;:.:.::..�:':;•:.;.;:';;;,,�•:;::�::<::::;:,<;:_.,:.:;:>::•::'�: �::_::.°;:�.::::..::::::°_,;::_:;�.::.•:::;: i :Equipment 31 P102 • 32 P10 3 t--- "A El'iyarfiegityisakffibitiriAarlf6;0,ifaigA^:.'.,;*.V:a;,:iYs,,WA,lic,'AiWIzaM474-Agpv,Iwe,,ivi.'14***430.4. TOTAL EQUIPMENT EXPENDITURES $ Hiring of full-time or part-time staif or coritractors/consultants: to assist with the management of the respective grant program; application requirements, and compliance with reporting and data collection requirements . Overtime and backfdl costs— Overtime expenses are defined as the result of personnel who worked over and above their normal scheduled daily or weekly worked time inthe performance ofFEMA—approvedactiviUeS.BaohfiUCosto also catled Overtime as Backfill" are definedas expenses from the result of personnel Who are workiovertime in.order to perform the dudes of other personnel who are temporarily assigned to FEMA — approved activities outside their core responsibilities. Neither overtime nor backfiH expenses are the result of an increase of Full — Time Equivalent (FTEs) employees. These costs are aflowed only to the extent the payment for such services is in accordance with the policies of the state or unit(s) of local govemment and has the approval of the state or the awarding agency, whichever is applicable. In no case is dual compensation allowable. That is, an employee of a unit of govemmentmay not receive compensation from their unit or agency of government AND from an award for a single period oftime (e,g,1:0Opmto5:UOpnn).even though such work may benefit both activities. Fringe benefits on overtime hours are limited to Fderal Insurance Contributions Act (FICA), Workers' Compensation and Unemployment _ Compensation: ' • ' Travel expenses MeeUngfelabadexpensas Authorized office equipment: including personal computers, laptop computers, printers,LCD projectors, andoth equipment or software which implementation of the home|anU.aecurityutratogy.` • � The following are allowable only Within the agreement period: . • 32 P10 3 Recurring fees/charges associated with certain equipment, such as cell phones, faxes. Leasing and/or renting of space for newly hired personnel to administer programs within the grant program. ' .��.. TOTAL M&A EXPENDITURES $..:.�z.. A :i. i r: ggligiWaRbititilitV WitR1111 33 P104 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM CONSENT TO: Honorable Board of County Commissioners THROUGH: Jason E. Brown, County Administrator THROUGH: John King, Director Department of Emergency Services Etta LoPresti, Emergency Management Coordinator August 22, 2017 Acceptance and Approval of Expenditures for Emergency Management State - Funded Subgrant Agreement (EMPA) 18 -BG -XX -XX -XX -XXX FROM: DATE: SUBJECT: It is respectfully requested that the information contained herein be given formal consideration by the Board of County Commissioners at the next scheduled meeting. DESCRIPTION AND CONDITIONS: Each year, the Florida Division of Emergency Management, through the executive office of the Governor, administers the Emergency Management Preparedness Assistance Grant (EMPA) Subgrant in support of each Florida county following authorization under Chapter 252, Florida Statutes and State Rule Chapter 27P-19, Florida Administrative Code. The funding for the EMPA is used to enhance and improve emergency management mitigation, planning, response and recovery directly affecting the lives and property of Indian River County residents and visitors. In accordance with the Emergency Management 2017-2020 strategic plan, the items listed below will enhance the ability of Emergency Management to adequately respond to and recover from disaster events and conduct the annual hazardous materials analysis required within the EMPA scope of work and the County Comprehensive Emergency Management Plan as approved. FUNDING: This is a dollar for dollar state funded matching subgrant with Florida Division of Emergency Management. The term of the agreement is from July 1, 2017 through June 30, 2018. The state recognizes line -item changes may occur after execution of the contract (i.e. due to cost savings or reprioritization by the FDEM), with their written approval. For these reasons, staff requests authorization to make these adjustments rather than return the funding for reallocation to other counties. The 2017/2018 EMPA is in the amount of $115,806 of which $78,417 has been previously allocated for salary and benefits leaving a balance of $37,389 for expenditures. The County is P105 permitted to use a broad range of matching funds for which the Emergency Management budget is used as the matching for this grant. No additional funding is required. Item Amount Account Number Public Outreach and Disaster Preparedness $1,000.00 00123825-035290 EOC Enhancements (Miscellaneous) $8,201.00 00123825-035290 EOC AN Upgrade — replacement of equipment $27,000.00 00123825-066490 Software Services (Annual recurring costs — "Sole Source") • Go-To-Webinar (GetGo, Inc.) $1,188.00 $1,188.00 00123825-033190 Total $37,389.00 RECOMMENDATION: Staff recommends approval of the State Funded Subgrant Agreement 18 -BG -XX, associated expenditures, and authorization for the Chairman to execute this agreement between Indian River County Emergency Management and the State of Florida Division of Emergency Management. ATTACHMENTS: 1. Budget Office Grant Form 2. Three (3) Original Copies of EMPA Agreement (18 -BG -XX -XX -XX -XXX) P106 GRANT NAME: EMPA Grant GRANT#18-BG-XX-XX-XX-XXX AMOUNT OF GRANT: $ 115,806.00 DEPARTMENT RECEIVING GRANT: Emergency Services CONTACT PERSON: John King PHONE NUMBER: 772-226-3859 1. How long is the grant for? 1 year Starting Date: July 1, 2017 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 N/A 0% 5. Grant match amount required $ N/A 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? N/A Yes If no, how much do you think will be needed in capital costs or startup costs? (Attach a detail listing of costs) $ N/A No 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 N/A N/A N/A N/A N/A 011.13 Other Salaries & Wages (PT) N/A N/A N/A N/A N/A 012.11 Social Security N/A N/A N/A N/A N/A 012.12 Retirement -Contributions N/A N/A N/A N/A N/A 012.13 Insurance -Life & Health N/A N/A N/A N/A N/A 012.14 Worker's Compensation N/A N/A N/A N/A N/A 012.17 S/Sec. Medicare Matching N/A N/A N/A N/A N/A TOTAL N/A N/A N/A N/A N/A 9. What is the total cost of each position including benefits, cap'tal, start-up, auto expense, travel and operating? Salary and Benefits Operating Costs Capital Total Costs N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A 10. What is the estimated cos of the grant to the county over five years? $ N/A Signature of Preparer: Date: August 2, 2017 P107 Grant Other Match Costs First Year $ N/A $ N/A $ N/A $ N/A Second Year $ N/A $ N/A $ N/A $ N/A Third Year $ N/A $ N/A $ N/A $ N/A Fourth Year $ N/A $ N/A $ N/A $ N/A Fifth Year S N/A $ N/A $ N/A $ N/A Signature of Preparer: Date: August 2, 2017 P107 Contract Number: 18 -BG -XX Catalog of State Financial Assistance (CSFA) #: 31.063 STATE -FUNDED GRANT AGREEMENT BASE GRANT THIS AGREEMENT is entered into by the State of Florida, Division of Emergency Management, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Division"), and Indian River County, (hereinafter referred to as the "Recipient"). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS: > The Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein; and > The Division has the authority to grant these funds to the Recipient upon the terms and conditions below; and, • The Division has statutory authority to disburse the funds under this Agreement. THEREFORE, the Division and the Recipient agree to the following: 1. LAWS, RULES, REGULATIONS AND POLICIES A. This Agreement involves `state financial assistance," as that term is defined in section 215.97(2)(r), Florida Statutes. B. This Agreement involves a "Base Grant", defined by Rule 27P-19.002(1), Florida Administrative Code, as "those funds allocated in accordance with the formula in Rule 27P-19.005, F.A.C., as a minimum allocation to County Emergency Management Agencies." C. As defined by Rule 27P-19.002, Florida Administrative Code, the term "Division" means "the Division of Emergency Management, Executive Office of the Governor." D. Under this Agreement, the Division serves as the "State awarding agency" as that term is defined by section 215.97(2)(q), Florida Statutes. E. Under this Agreement, the term "Recipient", as defined by section 215.97(2)(o), Florida Statutes, means a "nonstate entity that receives state financial assistance directly from a state awarding agency." As defined by Rule 27P-19.002(12), Florida Administrative Code, the term "Recipient" also means "an Applicant that is offered and accepts an award from the Division." F. The Recipient is a "County Emergency Management Agency," as that term is defined by Rule 27P-19.002(3), Florida Administrative Code. G. As required by section 215.97(5)(a), Florida Statutes, this Agreement provides the recipient with °information needed by the recipient to comply with the requirements of" the Florida Single Audit Act. H. As required by section 215.971(1), Florida Statutes, this Agreement includes: 1 P108 (1) A provision specifying a scope of work that clearly establishes the tasks that the Recipient is required to perform. (2) A provision dividing the agreement into quantifiable units of deliverables that must be received and accepted in writing by the_Division before payment. Each deliverable must be directly related to the scope of work and specify the required minimum level of service to be performed and the criteria for evaluating the successful completion of each deliverable. (3) A provision specifying the financial consequences that apply if the Recipient fails to perform the minimum level of service required by the agreement. (4) A provision specifying that the Recipient may expend funds only for allowable costs resulting from obligations incurred during the specified agreement period. (5) A provision specifying that any balance of unobligated funds which has been advanced or paid must be refunded to the. Division. (6) A provision specifying that any funds paid in excess of the amount to which the Recipient is entitled under the terms and conditions of the agreement must be refunded to the Division. I. In addition to the foregoing, the Recipient and the Division shall be governed by all applicable State and Federal laws, rules and regulations. Any express reference in this Agreement to a particular statute, rule, or regulation in no way implies that no other statute, rule, or regulation applies. 2. CONTACT A. In accordance with section 215.971(2), Florida Statutes, the Division's Grant Manager shall be responsible for enforcing performance of this Agreement's terms and conditions and shall serve as the Division's liaison with the Recipient. As part of his/her duties, the Grant Manager for the Division shall: payment. (1) Monitor and document Recipient performance; and, (2) Review and document all deliverables for which the Recipient requests B. The Division's Grant Manager for this Agreement is: Joshua Bradt 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Telephone: 850-815-4348 Email: Joshua.bradta@em.myflorida.com C. The name and address of the Representative of the Recipient responsible for the administration of this Agreement is: 2 P109 John King 4225 43rd Avenue Vero Beach, FL 32967-1671 Telephone:772-226-3900 Fax:772-567-9323 Email: jking@ircgov.com D. In the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of the name, title and address of the new representative will be provided to the other party. 3. TERMS AND CONDITIONS This Agreement contains all the terms and conditions agreed upon by the parties. 4. EXECUTION This Agreement may be executed in any number of counterparts, any one of which may be taken as an original. 5. MODIFICATION Either party may request modification of the provisions of this Agreement. Changes which are agreed upon shall be valid only when in writing, signed by each of the parties, and attached to the original of this Agreement. 6. SCOPE OF WORK The Recipient shall perform the work in accordance with the Program Budget and Scope of Work, Attachments A and C of this Agreement. 7. PERIOD OF AGREEMENT This Agreement shall begin July 1, 2017 and shall end on June 30, 2018, unless terminated earlier in accordance with the provisions of Paragraph (16) of this Agreement. In accordance with section 215.971(1)(d), Florida Statutes, the Recipient may expend funds authorized by this Agreement "only for allowable costs resulting from obligations incurred during" the period of agreement. 8. FUNDING A. This is a cost -reimbursement Agreement, subject to the availability of funds. In accordance with Rule 27P-19.010(4), Florida Administrative Code, the Division shall reimburse the Recipient on a quarterly basis. B. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with either Chapter 216, Florida Statutes, or the Florida Constitution. C. Rule 27P-19.010(11), Florida Administrative Code, states: "Allowable costs shall be determined in accordance with applicable Federal Office of Management and Budget Circulars..." 3 P110 Therefore, 2 CFR Part 200, Subpart A (Definitions) and Subpart E (Cost Principles) shall apply to this Agreement. D. As required by Rule 27P-19.010(8), Florida Administrative Code, "The Recipient shall establish a separate account in an interest bearing account for tracking all deposits, expenditures and interest pertaining to [this] award." E. The Division will reimburse the Recipient only for allowable costs incurred by the Recipient in the successful completion of each deliverable. The maximum reimbursement amount for each deliverable is outlined in Attachments A and C of this Agreement (°Program Budget and Scope of Work"). The maximum reimbursement amount for the entirety of this Agreement is $115,806.00. F. The Division will review any request for reimbursement by comparing the documentation provided by the Recipient against a performance measure, outlined in Attachment C, that clearly delineates: (1) . The required minimum acceptable level of service to be performed; and, (2) The criteria for evaluating the successful completion of each deliverable. G. The Division's grant manager, as required by section 215.971(2)(c), Florida Statutes, shall reconcile and verify all funds received against all funds expended during the grant agreement period and produce a final reconciliation report. The final report must identify any funds paid in excess of the expenditures incurred by the Recipient. H. For the purposes of this Agreement, the term "improper payment" means or includes: (1) Any payment that should not have been made or that was made in an incorrect amount (including overpayments and underpayments) under statutory, contractual, administrative, or other legally applicable requirements; and, (2) Any payment to an ineligible party, any payment for an ineligible good or service, any duplicate payment, any payment for a good or service not received (except for such payments where authorized by law), any payment that does not account for credit for applicable discounts, and any payment where insufficient or lack of documentation prevents a reviewer from discerning whether a payment was proper. I. As required by the Reference Guide for State Expenditures, reimbursement for travel must be in accordance with section 112.061, Florida Statutes, which includes submission of the claim on the approved state travel voucher. 9. RECORDS A. As a condition of receiving state financial assistance, and as required by sections 20.055(6)(c) and 215.97(5)(b), Florida Statutes, the Chief Inspector General of the State of Florida, the Division, the Department of Financial Services, the Florida Auditor General, or any of their authorized representatives, shall enjoy the right of access to any documents, financial statements, papers, or other records of the Recipient which are pertinent to this Agreement, in order to make audits, examinations, 4 P111 excerpts, and transcripts. The right of access also includes timely and reasonable access to the Recipient's personnel for the purpose of interview and discussion related to such documents. For the purposes of this section, the term "Recipient° includes employees or agents, including all subcontractors or consultants to be paid from funds provided under this Agreement. B. The Recipient shall maintain all records related to this Agreement for the period of time specified in the appropriate retention schedule published by the Florida Department of State. Information regarding retention schedules can be obtained at: http://dos.mvflorida.com/librarv- arch Ives/records-management/general-records-schedu les/. C. Florida's Government in the Sunshine Law (Section 286.011, Florida Statutes) provides the citizens of Florida with a right of access to govemmental proceedings and mandates three, basic requirements: (1) meetings of public boards or commissions must be open to the public; (2) reasonable notice of such meetings must be given; and, (3) minutes of the meetings must be taken and promptly recorded. The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that entity within the ambit of the open government requirements. However, the Government in the Sunshine Law applies to private entities that provide services to governmental agencies and that act on behalf of those agencies in the agencies' performance of their public duties. If a public agency delegates the performance of its public purpose to a private entity, then, to the extent that private entity is performing that public purpose, the Govemment in the Sunshine Law applies. For example, if a volunteer fire department provides firefighting services to a govemmental entity and uses facilities and equipment purchased with public funds, then the Government in the Sunshine Law applies to board of directors for that volunteer fire department. Thus, to the extent that the Govemment in the Sunshine Law applies to the Recipient based upon the funds provided under this Agreement, the meetings of the Recipient's governing board or the meetings of any subcommittee making recommendations to the goveming board may be subject to open government requirements. These meetings shall be publicly noticed, open to the public, and the minutes of all the meetings shall be public records, available to the public in accordance with Chapter 119, Florida Statutes. D. Florida's Public Records Law provides a right of access to the records of the state and local governments as well as to private entities acting on their behalf. Unless specifically exempted from disclosure by the Legislature, all materials made or received by a govemmental agency (or a private entity acting on behalf of such an agency) in conjunction with official business which are used to perpetuate, communicate, or formalize knowledge qualify as public records subject to public inspection. The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that entity within the ambit of the public record requirements. However, when a public entity delegates a public function to a private entity, the records generated by the private entity's performance of that duty become public records. Thus, the nature and scope of the services provided by a private entity determine whether 5 P112 that entity is acting on behalf of a public agency and is therefore subject to the requirements of Florida's Public Records Law. E. The Recipient shall maintain all records for the Recipient and for all subcontractors or consultants to be paid from funds provided under this Agreement, including documentation of all program costs, in a form sufficient to determine compliance with the requirements and objectives of the Program Budget and Scope of Work - Attachments A and C - and all other applicable laws and regulations. 10. AUDITS A. As required by Rule 27P-19.010(5), Florida Administrative Code, "All recipients of trust funds shall cause a financial audit to be performed in accordance with [the Florida Single Audit Act, section 215.97, Florida Statutes]. A report of the audit will be forwarded to the Division within 60 days of its completion." B. In accounting for the receipt and expenditure of funds under this Agreement, the Recipient shall follow Generally Accepted Accounting Principles ("GAAP"). As defined by Rule 10.554(1)(g) of the Rules of the Auditor General, GAAP are "those accounting principles generally accepted in the United States of America, as defined by the GASB Codification of Govemmental Accounting and Financial Reporting Standards, Section 1000 The Hierarchy of Generally Accepted Accounting Principles." As defined by 2 C.F.R. §200.49, GAAP "has the meaning specified in accounting standards issued by the Govemment Accounting Standards Board (GASB) and the Financial Accounting Standards Board (FASB)." C. When conducting an audit of the Recipient's performance under this Agreement, the Division shall use Generally Accepted Government Auditing Standards ("GAGAS"). As defined by Rule 10.554(1)(h) of the Rules of the Auditor General, GAGAS are "those audit standards set forth in the publication Government Auditing Standards issued by the Comptroller General of the United States." As defined by 2 C.F.R. §200.50, GAGAS, "also known as the Yellow Book, means generally accepted government auditing standards issued by the Comptroller General of the United States, which are applicable to financial audits." D. As defined by section 215.97(2)(a), Florida Statutes, the term "audit threshold" means "the threshold amount used to determine when a state single audit or project -specific audit of a nonstate entity shall be conducted in accordance with' the Florida Single Audit Act. The current audit threshold is $750,000. E. As required by sections 215.97(2)(a) and 215.97(8)(a), Florida Statutes, "[e]ach nonstate entity that expends a total amount of state financial assistance equal to or in excess of $750,000 in any fiscal year of such nonstate entity shall be required to have a state single audit, or a project - specific audit, for such fiscal year in accordance with° the requirements of the Florida Single Audit Act and in accordance with "additional requirements established in rules of the Department of Financial Services and rules of the Auditor General." In determining the State financial assistance expended in its fiscal 6 P113 year, the Recipient shall include all sources of State financial assistance, including State funds received from the Division, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. F. In accordance with section 215.97(8)(f), Florida Statutes, the Recipient shall have all audits completed by an independent auditor, which is defined in section 215.97(2)(i), Florida Statutes, as "an independent certified public accountant licensed under chapter 473." The independent auditor shall state that the audit complied with the applicable provisions noted above. The audit must be received by the Division no later than nine months from the end of the Recipient's fiscal year. G. If an audit shows that all or any portion of the funds disbursed were not spent in accordance with the conditions of this Agreement, then the Recipient shall be held liable for reimbursement to the Division of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty days after the Division has notified the Recipient of such non- compliance. H. If the Recipient expends Tess than $750,000 in State financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the Recipient expends Tess than $750,000 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the nonstate entity's resources (i.e., the cost of such an audit must be paid from the Recipient's resources obtained from other than State entities). I. As required by section 215.97(5)(d), Florida Statutes, the Recipient shall provide the Division with "one copy of each financial reporting package prepared in accordance with' the requirements of the Florida Single Audit Act. J. As defined by section 215.97(2)(e), Florida Statutes, the term "financial reporting package" means the Recipients "financial statements, Schedule of Expenditures of State Financial Assistance, auditor's reports, management letter, auditee's written responses or corrective action plan, correspondence on followup of prior years' corrective actions taken, and such other information determined by the Auditor General to be necessary and consistent with the purposes" of the Florida Single Audit Act. K. In addition to the information listed in paragraph 101 above, the financial reporting package shall include a schedule of financial assistance specifically identifying all Agreement and other revenue by sponsoring agency and Agreement number. L. Copies of financial reporting packages required by the Florida Single Audit Act shall be submitted by or on behalf of the Recipient directly to each of the following: (1) The Division of Emergency Management at the following addresses: Division of Emergency Management 7 P114 Office of Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 OR DEMSingle Audit anem.myflorida.com (2) The Auditor General's Office at the following address: Auditor General's Office Room 401, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 M. Additional information on the Florida Single Audit Act may be found at the following website: https://apps.fldfs.com/fsaa/singleauditact.aspx. 11. REPORTS A. As stated in Rule 27P-19.010(4), Florida Administrative Code, "Each Recipient may receive trust funds from the Division on a quarterly basis, based on the submittal of reports. Said reports shall be provided using the forms included in the grant agreement, as supplemented by any particular information requested in writing by the Division prior to the due date of the report." B. The Recipient shall provide the Division with quarterly reports and a close-out report. These reports shall include the current status and progress by the Recipient and all subrecipients and subcontractors in completing the work described in the Scope of Work and the expenditure of funds under this Agreement, in addition to any other information requested by the Division. C. Quarterly reports are due to the Division no later than 30 days after the end of each quarter of the program year and shall be sent each quarter until submission of the administrative close- out report. The ending dates for each quarter of the program year are March 31, June 30, September 30 and December 31. D. The close-out report is due 60 days after termination of this Agreement or 60 days after completion of the activities contained in this Agreement, whichever occurs first. E. If all required reports and copies are not sent to the Division or are not completed in a manner acceptable to the Division, the Division may withhold further payments until they are completed or may take other action as stated in paragraph 15 REMEDIES. "Acceptable to the Division" means that the work product was completed in accordance with the Budget and Scope of Work. F. The Recipient shall provide additional program updates or information that may be required by the Division. G. The Recipient shall provide additional reports and information identified in Attachment E. 8 P115 12. MONITORING A. Rule 27P-19.010(9), Florida Administrative Code, expressly states: "The Division shall be permitted to inspect and monitor the records and facilities of funded projects and award recipients. Such inspections may occur without notice at any reasonable time, which shall_be presumed to be normal business hours on Monday through Friday." B. The Recipient shall monitor its performance under this Agreement, as well as that of its subcontractors and/or consultants who are paid from funds provided under this Agreement, to ensure that time schedules are being met, the Schedule of Deliverables and Scope of Work are being accomplished within the specified time periods, and other performance goals are being achieved. A review shall be done for each function or activity in Attachment C to this Agreement, and reported in the quarterly report. C. In addition to reviews of audits conducted in accordance with paragraph 10 above, monitoring procedures may include, but not be limited to, on-site visits by Division staff, limited scope audits, and/or other procedures. The Recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Division. In the event that the Division determines that a limited scope audit of the Recipient is appropriate, the Recipient agrees to comply with any additional instructions provided by the Division to the Recipient regarding such audit. The Recipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Florida Chief Financial Officer or Auditor General. In addition, the Division will monitor the performance and financial management by the Recipient throughout the contract term to ensure timely completion of all tasks. 13. LIABILITY A. Unless Recipient is a State agency or subdivision, as defined in Section 768.28, Florida Statutes, the Recipient is solely responsible to parties it deals with in carrying out the terms of this Agreement, and shall hold the Division harmless against all claims of whatever nature by third parties arising from the work performance under this Agreement. .For purposes of this Agreement, Recipient agrees that it is not an employee or agent of the Division, but is an independent contractor. B. Any Recipient which is a state agency or subdivision, as defined in Section 768.28, Florida Statutes, agrees to be fully responsible for its negligent or tortious acts or omissions which result in claims or suits against the Division, and agrees to be liable for any damages proximately caused by the acts or omissions to the extent set forth in Section 768.28, Florida Statutes. Nothing herein is intended to serve as a waiver of sovereign immunity by any Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. 9 P116 14. DEFAULT A. If any of the following events occur ("Events of Default"), all obligations on the part of the Division to make further payment of funds shall, if the Division elects, terminate and the Division has the option to exercise any of its remedies set forth in paragraph 15. B. If any of the following occur, then the. Division may make payments or partial payments without waiving the right to exercise such remedies, and without becoming liable to make any further payment: (1) Any warranty or representation made by the Recipient in this Agreement or any previous agreement with the Division is or becomes false or misleading in any respect, or if the Recipient fails to keep or perform any of the obligations, terms or covenants in this Agreement or any previous agreement with the Division and has not cured them in timely fashion, or is unable or unwilling to meet its obligations under this Agreement; (2) Material adverse changes occur in the financial condition of the Recipient at any time during the term of this Agreement, and the Recipient fails to cure this adverse change within thirty days from the date written notice is sent by the Division. (3) Any reports required by this Agreement have not been submitted to the Division or have been submitted with incorrect, incomplete or insufficient information; (4) The Recipient has failed to perform and complete on time any of its obligations under this Agreement. 15. REMEDIES A. If an Event of Default occurs, then the Division shall, after thirty calendar days written notice to the Recipient and upon the Recipient's failure to cure within those thirty days, exercise any one or more of the following remedies, either concurrently or consecutively: (1) Terminate this Agreement, provided that the Recipient is given at least thirty days prior written notice of the termination. The notice shall be effective when placed in the United States, first class mail, postage prepaid, by registered or certified mail -return receipt requested, to the address in paragraph 2 above; (2) Begin an appropriate legal or equitable action to enforce performance of this Agreement; (3) Withhold or suspend payment of all or any part of a request for payment; (4) Require that the Recipient refund to the Division any monies used for ineligible purposes under the laws, rules and regulations governing the use of these funds. (5) Exercise any corrective or remedial actions, to include but not be limited to: (a) Request additional information from the Recipient to determine the reasons for or the extent of non-compliance or lack of performance; 10 P117 (b) Issue a written waming to advise that more serious measures may be taken if the situation is not corrected; (c) Advise the. Recipient to suspend, discontinue or refrain from incurring costs for any activities in question; (d) Require the Recipient to reimburse the Division for the amount of costs incurred for any items determined to be ineligible; or, (e) Exercise any other rights or remedies which may be available under law. B. Pursuing any of the above remedies will not stop the Division from pursuing any other remedies in this Agreement or provided at law or in equity. C. If the Division waives any right or remedy in this Agreement or fails to insist on strict performance by the Recipient, it will not affect, extend or waive any other right or remedy of the Division, or affect the later exercise of the same right or remedy by the Division for any other default by the Recipient. 16. TERMINATION. A. The Division may terminate this Agreement for cause after thirty days written notice. Cause can include misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations, failure to perform on time, and refusal by the Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Florida Statutes, as amended. B. The Division may terminate this Agreement for convenience or when it determines, in its sole discretion, that continuing the Agreement would not produce beneficial results in line with the further expenditure of funds, by providing the Recipient with thirty calendar days prior written notice. C. The parties may agree to terminate this Agreement for their mutual convenience through a written amendment of this Agreement. The amendment will state the effective date of the termination and the procedures for proper closeout of the Agreement. D. In the event that this Agreement is terminated, the Recipient will not incur new obligations for the terminated portion of the Agreement after the Recipient has received the notification of termination. The Recipient will cancel as many outstanding obligations as possible. Costs incurred after receipt of the termination notice will be disallowed. The Recipient shall not be relieved of liability to the Division because of any breach of Agreement by the Recipient. The Division may, to the extent authorized by law, withhold payments to the Recipient for the purpose of set-off until the exact amount of damages due the Division from the Recipient is determined. 17. PROCUREMENT A. As required by Rule 27P-19.010(7), Florida Administrative Code, the Recipient "shall comply with all applicable procurement rules and regulations in securing goods and services..." 11 P118 B. The Recipient shall. maintain records sufficient to detail the history of any procurement. These records will include, but are not necessarily limited to the following: (1) Rationale for the method of procurement; (2) Selection of contract type; (3) Contractor selection or rejection; and, (4) The basis for the contract price. C. The Recipient shall maintain oversight to ensure that contractors perform in accordance with the terms, conditions, and specifications of their contracts or purchase orders. In order to demonstrate compliance with this requirement, the Recipient shall document, in its quarterly report to the Division, the progress of any and all subcontractors performing work under this Agreement. D. Except for procurements below the competitive threshold (state or local threshold, whichever is lower), if the Recipient chooses to subcontract any of'the work required under this Agreement, then the Recipient shall forward to the Division a copy of any solicitation (whether competitive or non-competitive) at least fifteen (15) days prior to the publication or communication of the solicitation. The Division shall review the solicitation and provide comments, if any, to the Recipient within three (3) business days. While the Recipient does not need the approval of the Division in order to publish a competitive solicitation, this review may allow the Division to identify deficiencies in the vendor requirements or in the commodity or service specifications. The Division's review and comments shall not constitute an approval of the solicitation. Regardless of the Division's review, the Recipient remains bound by all applicable laws, regulations, and agreement terms. If during its review the Division identifies any deficiencies, then the Division shall communicate those deficiencies to the Recipient as quickly as possible within the three (3) business day window outlined above. If the Recipient publishes a competitive solicitation after receiving comments from the Division that the solicitation is deficient, then the Division may: (1) Terminate this Agreement in accordance with the provisions outlined in paragraph 16 above; and, (2) Refuse to reimburse the Recipient for any costs associated with that solicitation. E. Except for procurements below the competitive threshold (state or local threshold, whichever is lower), if the Recipient chooses to subcontract any of the work required under this Agreement, then the Recipient shall forward to the Division a copy of any contemplated contract prior to contract execution. The Division shall review the unexecuted contract and provide comments, if any, to the Recipient within three (3) business days. The Division will review the unexecuted contract for compliance with all applicable procurement standards. The Division will not substitute its judgment for that of the Recipient. While the Recipient does not need the approval of the Division in order to execute a subcontract, this review may allow the Division to identify deficiencies in the terms and conditions of the 12 P119 subcontract as well as deficiencies in the procurement process that led to the subcontract. The Division's review and comments shall not constitute an approval of the subcontract. Regardless of the Division's review, the Recipient remains bound by all applicable laws, regulations,and agreement terms. If during its review the Division identifies any deficiencies, then the Division shall communicate those deficiencies to the Recipient as quickly as possible within the three (3) business day window outlined above. If the Recipient executes a subcontract after receiving a communication from the Division that the subcontract is non-compliant, then the Division may: (1) Terminate this Agreement in accordance with the provisions outlined in paragraph 16 above; and, (2) Refuse to reimburse the Recipient for any costs associated with that subcontract. F. The Recipient agrees to include in any subcontract the following: (1) The subcontractor is bound by the terms of this Agreement; (2) The subcontractor is bound by all applicable state and federal laws and regulations; and, (3) The subcontractor shall hold the Division and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. G. The Recipient shall maintain written standards of conduct covering conflicts of interest and governing the actions of its employees engaged in the selection, award and administration of contracts. H. The Recipient shall conduct any procurement under this agreement in a manner providing full and open competition. Accordingly, the Recipient shall not: (1) Place unreasonable requirements on firms in order for them to qualify to do business; companies; contracts; equivalent; (2) Require unnecessary experience or excessive bonding; (3) Use noncompetitive pricing practices between firms or between affiliated (4) Execute noncompetitive contracts to consultants that are on retainer (5) Authorize; condone, or ignore organizational conflicts of interest; (6) Specify only a brand name product without allowing vendors to offer an (7) Specify a brand name product instead of describing the performance, specifications, or other relevant requirements that pertain to the commodity or service solicited by the procurement; 13 P120 (8) Engage in any arbitrary action during the procurement process; or, (9) Allow a vendor to bid on a contract if that bidder was involved with developing or drafting the specifications, requirements, statement of work, invitation to bid, or request for proposals. I. The Recipient shall not use a geographic preference when procuring .commodities or services under this Agreement. J. The Recipient shall conduct any procurement involving invitations to bid (i.e. sealed bids) in accordance with section 287.057(1)(a), Florida Statutes. K. The Recipient shall conduct any procurement involving requests for proposals (i.e. competitive proposals) in accordance with section 287.057(1)(b), Florida Statutes. L. For each subcontract, the Recipient shall provide a written statement to the Division as to whether that subcontractor is a minority business enterprise, as defined in Section 288.703, Florida Statutes. 18. ATTACHMENTS A. All attachments to this Agreement are incorporated as if set out fully. B. In the event of any inconsistencies or conflict between the language of this Agreement and the attachments, the language of the attachments shall control, but only to the extent of the conflict or inconsistency. C. This Agreement has the following attachments: (1) Attachment A — Proposed Program Budget and Budget Detail Worksheet (2) Attachment B — Allowable Costs and Eligible Activities (3) Attachment C — Scope of Work (4) Attachment D — Quarterly Reports (5) Attachment E — Statewide Mutual Aid (6) Attachment F — Geospatial Information System (GIS) (7) Attachment G — Hurricane Shelter Retrofit (8) Attachment H — Logistics (9) Attachment I — Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion (10)Attachment J — Justification for Advance Payment 19. PAYMENTS A. Any advance payment under this Agreement is subject to Section 216.181(16), Florida Statues. All advances are required to be held in an interest-bearing account. If an advance payment is requested, the budget data on which the request is based and a justification statement shall be included in this Agreement as Attachment J. Attachment J will specify the amount of advance payment needed and provide an explanation of the necessity for and proposed use of these funds. No 14 P121 advance shall be accepted for processing if a reimbursement has been paid prior to the submittal of a request for advanced payment. After the initial advance, if any, payment shall be made on a reimbursement basis as needed. B. Invoices shall be submitted at least quarterly and shall include the supporting documentation for all costs of the projector services.. The final invoice shall be submitted within sixty (60) days after the expiration date of the agreement. An explanation of any circumstances prohibiting the submittal of quarterly invoices shall be submitted to the Division grant manager as part of the Recipient's quarterly reporting as referenced in paragraph 11 of this Agreement. C. If the necessary funds are not available to fund this Agreement as a result of action by the United States Congress, the federal Office of Management and Budgeting, the State Chief Financial Officer or under paragraph 8 of this Agreement, all obligations on the part of the Division to make any further payment of funds shall terminate, and the Recipient shall submit its closeout report within thirty days of receiving notice from the Division. All payments relating to the Agreement shall be mailed to the following address: Attn: Finance Department Indian River County 1801 27th Street Vero Beach, FL 32960 20. REPAYMENTS A. All refunds or repayments due to the Division under this Agreement are to be made payable to the order of "Division of Emergency Management", and mailed directly to the following address: Division of Emergency Management Cashier 2555 Shumard Oak Boulevard Tallahassee FL 32399-2100 B. In accordance with Section 215.34(2), Florida Statutes, if a check or other draft is returned to the Division for collection, Recipient shall pay the Division a service fee of $15.00 or 5% of the face amount of the returned check or draft, whichever is greater. 21. MANDATED CONDITIONS A. The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Recipient in this Agreement, in any later submission or response to a Division request, or in any submission or response to fulfill the requirements of this Agreement. All of said information, representations, and materials is incorporated by 15 P122 reference. The inaccuracy of the submissions or any material changes shall, at the option of the Division and with thirty days written notice to the Recipient, cause the termination of this Agreement and the release of the Division from all its obligations to the Recipient. B. This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall be in the Circuit Court of Leon County. If any provision of this Agreement is in conflict with any applicable statute or rule, or is unenforceable, then the provision shall be null and void to the extent of the conflict, and shall be severable, but shall not invalidate any other provision of this Agreement. C. Any power of approval or disapproval granted to the Division under the terms of this Agreement shall survive the term of this Agreement. D. The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-336, 42 U.S.C. Section 12101 et seq.), which prohibits discrimination by public and private entities on the basis of disability in employment, public accommodations, transportation, State.and local government services, and telecommunications. E. Those who have been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contractwith a public entity, and may not transact business with any public entity in excess of $25,000.00 for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. F. Any Recipient which is not a local government or state agency, and which receives funds under this Agreement from the federal government, certifies, to the best of its knowledge and belief, that it and its principals: (1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a federal department or agency; (2) Have not, within a five-year period preceding this proposal been convicted of or had a civil judgment rendered against them for fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (3) Are not presently indicted or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any offenses enumerated in paragraph 21F(2) of this certification; and 16 P123 (4) Have not within a five-year period preceding this Agreement had one or more public transactions (federal, state or local) terminated for cause or default. G. If the Recipient is unable to certify to any of the statements in this certification, then the Recipient shall attach an explanation to this Agreement. H. In addition, the Recipient shall send to the Division (by email or by facsimile transmission) the completed "Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion" (Attachment 1) for each intended subcontractor which Recipient plans to fund under this Agreement. The form must be received by the Division before the Recipient enters into a contract with any subcontractor. I. All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. J. The Division reserves the right to unilaterally cancel this Agreement if the Recipient refuses to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, which the Recipient created or received under this Agreement. K. If the Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to the Division or be applied against the Division's obligation to pay the contract amount. L. The State of Florida will not intentionally award publicly -funded contracts to any contractor who -knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act (°INA")). The Division shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Division. M. All expenditures of state financial assistance shall be in compliance with the laws, rules and regulations applicable to expenditures of State funds, includingbut not limited to, the Reference Guide for State Expenditures. 22. LOBBYING PROHIBITION A. Section 216.347, Florida Statutes, prohibits "any disbursement of grants and aids appropriations pursuant to a contract or grant to any person or organization unless the terms of the grant or contract prohibit the expenditure of funds for the purpose of lobbying the Legislature, the judicial branch, or a state agency." B. No funds or other resources received from the Division under this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. 23. COPYRIGHT, PATENT AND TRADEMARK 17 P124 A. EXCEPT AS PROVIDED BELOW, ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA. ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO THE STATE OF FLORIDA. B. If the Recipient has a pre-existing patent or copyright, the Recipient shall retain all rights and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise. C. If any discovery or invention is developed in the course of or as a result of work or services performed under this Agreement, or in any way connected with it, the Recipient shall refer the discovery or invention to the Division for a determination whether the State of Florida will seek patent protection in its name. Any patent rights accruing under or in connection with the performance of this Agreement are reserved to the State of Florida. If any books, manuals, films, or other copyrightable material are produced, the Recipient shall notify the Division. Any copyrights accruing under or in connection with the performance under this Agreement are transferred by the Recipient to the State of Florida. D. Within thirty days of execution of this Agreement, the Recipient shall disclose all intellectual properties relating to the performance of thisAgreement which he or she knows or should know could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any pre-existing intellectual property which is disclosed. Failure to disclose will indicate that no such property exists. The Division shall then, under Paragraph 23.B, have the right to all patents and copyrights which, accrue during performance of the Agreement. E. If the Recipient qualifies as a state university under Florida law, then, pursuant to section 1004.23, Florida Statutes, any invention conceived exclusively by the employees of the Recipient shall become the sole property of the Recipient. In the case of joint inventions, that is inventions made jointly by one or more employees of both parties hereto, each party shall have an equal, undivided interest in and to such joint inventions. The Division shall retain a perpetual, irrevocable, fully -paid, nonexclusive license, for its use and the use of its contractors of any resulting patented, copyrighted or trademarked work products, developed solely by the Recipient, under this Agreement, for Florida government purposes. 24. LEGAL AUTHORIZATION The Recipient certifies that it has the legal authority to receive the funds under this Agreement and that its governing body has authorized the execution and acceptance of this Agreement. The Recipient also certifies that the undersigned person has the authority to legally execute and bind Recipient to the terms of this Agreement. 18 P125 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. ENTER RECIPIENT NAME HERE IN BOLD: INDIAN RIVER COUNTY By: Name and title: Joseph E. Flescher, Chairman Date: August 15, 2017 FID# 59-6000674 DUNS# 07-920-8989 Include a copy of the delegation of authority for the signatory, if applicable. STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT By: Name and Title: Michael Kennett, Deputy Director (by authority from the Director) Date: APPROVED Attest: Jeffrey R. Smith, Clerk of Court and Comptroller County Administrator 19 By: Deputy Clerk P126 ATTACHMENT A PROPOSED PROGRAM BUDGET AND BUDGET DETAIL WORKSHEET The Recipient shall use the Emergency Management Preparedness and Assistance ("EMPA") Trust Fund monies authorized by this Agreement in order to complete the tasks outlined in the Scope of Work (Attachment C). The Proposed Program Budget" and the "Budget Detail Worksheet" serve as a guide for both the Recipient and the Division during the performance of the tasks outlined in the Scope of Work (Attachment C). Prior to execution of this Agreement, the Recipient shall complete the "Proposed Program Budget" and the "Budget Detail Worksheet' listed below. If the Recipient fails to complete either the "Proposed Program Budget" or the "Budget Detail Worksheet", then the Division shall not execute this Agreement. After execution of this Agreement, the Recipient may change the allocation amounts in the "Proposed Program Budget" as well as the information listed in the "Budget Detail Worksheet." If the Recipient. changes the "Proposed Program Budget" or the "Budget Detail Worksheet", then the Recipient's next quarterly report must include an updated "Proposed Program Budget" and/or "Budget Detail Worksheet." Additionally, if the Recipient submits a request for reimbursement to the Division, then the "Proposed Program Budget" as well as the information listed in the °Budget Detail Worksheet" must match the information contained in the request for reimbursement. Grant p z , Reciprent Agency Category . FY 2017-2018 Emergency Management Preparedness and Assistance Grant INDIAN RIVER COUNTY Planning Expenditures Operational Expenditures $89,144.00 EMAP Exercise Expenditures Training Expenditures Equipment Expenditures $26,662.00 5 i Total fid_ Award q s f $195,806x00 {� ;_ 20 P127 FY` 017$UDGET _DETAIL<Ut1ORKSHEETELIGIBLEis;CTIVITIES ;',. ''s•'-,:=`- (Plot limited>to_activities below) t _ . :alitmanle Pla+rninCoy Quantity Unit Coit Total Cost Emergency Management/Operation Plan Communications Plans Continuity/Administrative Plans Whole Community Engagement/Planning Resource Management Planning Evacuation Planning Recovery Planning Credentialing and Validation Hiring of full or part-time staff or contractors/consultants to assist with planning activities (not for the purpose of hiring public safety personnel fulfilling traditional public safety duties) Materials required to conduct planning activities TraveVper diem related to planning activities Overtime and backfill costs TOTAL PLANING EXPENDITURES Allowable Operational Costs Quantity- Unit Cost' Total Cost Hiring of full or part-time staff or contractors/consultants (temporary employees, student or graduate assistant fellowships, part time academic employment, consultants and other services) 1 $78, 417 $76,417 Overtime and backfill costs Utility (electric, water and sewage) Telephone Bills (landlines, cellular and satellite) Internet Services Maintenance agreements for equipment or series Supplies 1 $9,539 $9,539 Software and Upgrades 1 $1,188 $1,188 Computers, printers, copiers and fax machines Radios Satellite telephones Storage and shelving for storage 21 P128 Other emergency response communication Furniture Postage Apparel for identification Fuel Memberships and Conference Travel Vehicle(s) Publications , TOTAL OPERATIONAL EXPENDITURES $ 89, i44. Allowable Exercise Costs Quanty' UnitCost.em o!;,l�Cst' Design, Develop, Conduct and Evaluate an Exercise Exercise Planning Workshop - Funds may be used to plan and conduct an Exercise Planning Workshop to include costs related to planning, meeting space and other meeting costs, materials and supplies, travel and exercise plan development. Full or Part -Time Staff or Contractors/Consultants - (Full or part-time staff may be hired to support exercise -related activities. Payment of salaries and fringe benefits must be in accordance with the policies of the state or local unit(s) of government and have the approval of the state or the awarding agency, whichever is applicable.) Overtime and backfill costs — Overtime and backfill costs, including expenses for part-time and volunteer emergency response personnel participating in approved exercises. Implementation of Homeland Security Exercise and Evaluation Program Travel - Travel costs (i.e., airfare, mileage, per diem, hotel, etc.) are allowable as expenses by employees who are on travel status for official business related to the planning and conduct of the exercise project(s). These costs must be in accordance with state law. States must also follow state regulations regarding travel. If a state or territory does not have a travel policy they must follow federal guidelines and rates. Supplies - Supplies are items that are expended or consumed during the course of the planning and conduct of the exercise project(s) (e.g., copying paper, gloves, tape, non-sterile masks, and disposable protective equipment). 22 P129 - - TOTAL EXERCISE EXPENDITURES' $_ .,-. `;Allowable Training. Costs Quantity j 14:6106-.60Total'Cost Develop, Deliver and Evaluate Training Overtime and backfill for emergency preparedness and response personnel attending sponsored and approved training classes Overtime and backfill expenses for part-time and volunteer emergency response personnel participating in approved training Training Workshops and Conferences Full or Part-Time Staff or Contractors/Consultants Certification/Recertification of Instructors Travel Supplies are items that are expended or consumed during the course of the planning and conduct of the exercise project(s) (e.g., copying paper, gloves, tape, non-sterile masks, and disposable protective equipment) .Instructor certification/re-certification Coordination with Citizen Corps Councils in conducting training. ______` TOTAL TRi4I11 NG'EXPEMDI•TURES' 1-$• Eligible Equipment Acquisition Costs Quantity Unit Cost Total Cost t t" Rersonal protective equipment'. • ry ~ Intormation,technology.. _ _ _ v _ .. . 1 L= Cybersecurrty enhancement egwpment ;,` , , * _x ';Interoperable,communications equipment ' Detection-Equipment •_. Power egwpment- • . . 23 P130 _CBRNE;Reference;Materials -k - CBRNE;Incident Response Vehicles _ 2 :Physical Security Enhancemenf Equipinerit CBRNE Logistical Support Equipment ,-� • j •Other authonzed equipment costs • EOC A/V Upgrade/Replacement 1 $26,662 _ $26,662 TOTAL EQUIPMENT EXPENDITURES $26, 662 : TOTAL EXPENDITURES $1 is• 24 P131 ATTACHMENT B ALLOWABLE COSTS AND ELIGIBLE ACTIVITIES 2 CFR Part 200: Rule 27P-19.010(11), Florida Administrative Code, states: "Allowable costs shall be determined in accordance with applicable Federal Office of Management and Budget Circulars..." Therefore, 2 CFR Part 200 Subpart A (Definitions) and Subpart E (Cost Principles) shall apply to this Agreement. Expenses:, In order to qualify for reimbursement under the terms of this Agreement, an expense incurred by the Recipient must be reasonable and necessary for the successful completion of a task required by this Agreement. If an expense fails to qualify as either reasonable or necessary to successfully compete a task, then the Division shall not provide any reimbursement for that expense. NOTE: This Scope of Work recognizes that each Recipient: o Might be at a different level of preparedness than another Recipient; o Operates within a unique geography; o Faces unique threats and hazards; and, o Serves a unique population. Therefore, what might qualify as reasonable and necessary for one Recipient to successfully complete a task under this Agreement might not qualify as reasonable and necessary for another Recipient to successfully complete a task. Conversely, what might not qualify for one may qualify for another. In order to avoid a "one size fits all" approach, this Agreement provides some level of flexibility. If a unique cost (e.g. equipment not listed on the EMPG AEL) qualifies as reasonable and necessary for the successful completion of a task under this Agreement, and if the Recipient receives permission from the Division prior to incurring that unique cost, then the Division shall reimburse the Recipient for that cost. Performance: In order to qualify for reimbursement under the terms of this Agreement, the Recipient's performance must satisfy the minimum level of service required for the successful completion of a task required by this Agreement. If the performance fails to satisfy the minimum level of service, then the Division shall not provide any reimbursement for that performance. Equipment: Provided the cost of the item qualifies as reasonable and necessary for the successful completion of a task required by this Agreement, an item on the FEMA AEL that is specifically coded for the Emergency Management Performance Grant ("EMPG") Program satisfies the minimum level of service for an equipment purchase under this Agreement. If an item qualifies as reasonable and necessary, and if the item is EMPG-coded on the FEMA AEL, then the Recipient does not need to obtain permission from the Division prior to purchasing the item in order to seek reimbursement. If the Recipient seeks reimbursement for the purchase of an item that is not EMPG-coded on the FEMA AEL, then the Recipient must receive permission from the Division prior to purchasing the item. If the Recipient purchases such an item without receiving permission from the Division beforehand, then the Division shall not provide any reimbursement for that purchase. Of note, AEL 21GN-00-OCEQ (Equipment and Supplies, Information/Emergency Operations/Fusion Centers) provides authorization for the purchase of equipment and supplies that are necessary to establish and maintain an Emergency Operations Center. 25 P132 Allowable equipment includes equipment from the following AEL categories: o Personal Protective Equipment (PPE) (Category 1) o Information Technology (Category 4) o Cybersecurity Enhancement Equipment (Category 5) O Interoperable Communications Equipment (Category 6) O Detection Equipment (Category 7) O Power Equipment (Category 10) O Chemical, Biological, Radiological, Nuclear, and Explosive (CBRNE) Reference Materials (Category 11) O CBRNE Incident Response Vehicles (Category 12) O Physical Security Enhancement Equipment (Category 14) O CBRNE Logistical Support Equipment (Category 19) O Other Authorized Equipment (Category 21) If Recipients have questions conceming the eligibility of equipment, they shall contact their Grant Manager for clarification. Recipients shall analyze the cost benefits of purchasing versus leasing equipment, especially high cost items and those subject to rapid technical advances. For more information regarding property management standards for equipment, please reference 2 C.F.R. Part 200, including 2 C.F.R. §§ 200.310, 200.313, and 200.316. If the recipient seeks reimbursement for equipment activities, then the following shall be submitted: o All invoices; o The AEL # for each purchase; O Proof of payment (e.g. canceled check, electronic funds transfer, credit card statement and payment to credit card company for that statement); and, O Proof of purchase methodology (e.g. sole source, state contract, competitive bid results). Training and Exercises Generally: The Multiyear Training and Exercise Plan ("MYTEP') serves as a roadmap by which an organization establishes the priorities necessary to develop and maintain the capabilities required to facilitate effective response to all hazards faced by that organization. A successful MYTEP: o Identifies an organization's top priorities for improving its preparedness and response capabilities; and, o Defines the cycle of training and exercise activities that shall provide the most benefit in the development, refinement and maintenance of those capabilities. Provided the cost qualifies as reasonable and Necessary for the successful completion of a task required by this Agreement, and provided the Division has approved the Recipient's MYTEP, any training or exercise on the Recipient's MYTEP satisfies the minimum level of service for this Agreement. If the training or exercise qualifies as reasonable and necessary, and if the training or exercise is included on the Recipient's Division -approved MYTEP, then the Recipient does not need to obtain permission from the Division prior to conducting, participating in, or attending that training or exercise. If the Recipient seeks to conduct, participate in, or attend a training or exercise that is not listed on the Recipient's Division -approved MYTEP, then the Recipient must receive permission from the Division prior to conducting, participating in, or attending that training or exercise. If the Recipient conducts, participates in, or attends a training or exercise that is not listed on the Recipient's Division -approved 26 P133 MYTEP without receiving permission from the Division beforehand, then the Division shall not provide any reimbursement for that training or exercise. Any request to conduct, participate in, or attend a training or exercise that is not listed on the Recipient's Division -approved MYTEP shall include an updated MYTEP that specifically includes the requested training or exercise. If the request to conduct, participate in, or attend a training or exercise that is not listed on the Recipient's Division -approved MYTEP does not include an updated MYTEP, then the Division shall deny the request. Training: The Recipient can successfully complete an authorized course either by attending or by conducting that course. o In order to receive payment for successfully attending an authorized training course, the Recipient must provide the Division with a certificate of course completion; additionally, the Recipient must provide the Division with all receipts that document the costs incurred by the Recipient in order to attend the course. o In order to receive payment for successfully conducting an authorized course, the Recipient must provide the Division with the course materials and a roster sign -in sheet; additionally, the Recipient must provide the Division with all receipts that document the costs incurred by the Recipient in order to conduct the course." o For courses that are non -DHS approved training, the Recipient must request approval to conduct training using the Non -TED Form and provide a copy, along with email, showing approval granted for conduct. a For the conduct of training workshops, the Recipient must provide a copy of the course materials and sign -in sheets. Further guidance conceming the TEP and the TEPW can be found at http://www.fema.aov/exercise. Training shall foster the development of a community -oriented approach to emergency management that emphasizes engagement at the community level, strengthens best practices, and provides a path toward building sustainable resilience. Allowable training -related costs include the following: o Funds Used to Develop, Deliver, and Evaluate Training. This includes costs related to administering the training: planning, scheduling, facilities, materials and supplies, reproduction of materials, and equipment. Training shall provide the opportunity to demonstrate and validate skills teamed, as well as to identify any gaps in these skills. Any training or training gaps, including those for children and individuals with disabilities or access and functional needs, shall be identified in the Multi-year TEP and addressed in the training cycle. States are encouraged to use existing training rather than developing new courses. When developing new courses states are encouraged to apply the Analysis Design Development and Implementation Evaluation (ADDIE) model for instruction design. o Overtime and Backfill. The entire amount of overtime costs, including payments related to backfilling personnel, which are the direct result of attendance at approved training courses and programs are allowable. These costs are allowed only to the extent the payment for such services is in accordance with the policies of the state or unit(s) of local govemment and has the approval of the state. In no case is dual compensation allowable. That is, an employee of a unit of government may not receive compensation from their unit or agency of govemment AND from an award for a single period of time (e.g., 1:00 p.m. to 5:00 p.m.), even though such work may benefit both activities. 27 P134 o Travel. Travel costs (e.g., airfare, mileage, per diem, and hotel) are allowable as expenses by employees who are on travel status for official business related to approved training. o Hiring of Full or Part -Time Staff or Contractors/Consultants. Full or part-time staff or contractors/consultants may be hired to support direct training -related activities. Payment of salaries and fringe benefits must be in accordance with the policies of the state or unit(s) of local government and have the approval of the state. o Certification/Recertification of Instructors. Costs associated with the certification and re- certification of instructors are allowed. States are encouraged to follow the FEMA Instructor Quality Assurance Program to ensure a minimum level of competency and corresponding levels of evaluation of student learning. This is particularly important for those courses involving the training of trainers. For training, the number of participants must be a minimum of 15 in order to justify the cost of holding a course. For questions regarding adequate number of participants please contact the FDEM State Training Officer for course specific guidance. Unless the recipient receives advance written approval from the State Training Officer for the number of participants, then the Division shall reduce the amount authorized for reimbursement on a pro -rata basis for any training with less than 15 participants. If the recipient seeks reimbursement for training activities, then the following shall be submitted: a Approval of emergency management training that has been identified on the current Multi -Year Exercise Plan (MYTEP); • Sign -in sheets, rosters and an agenda; o Documentation from recipient's financial system showing attendees were paid; o Receipts and proof of payment (e.g. canceled check, electronic funds transfer confirmation, credit card statement and payment to credit card company for that statement) for any expenditures in support of the training (e.g. printing costs, costs related to administering the training, planning, scheduling, facilities, materials and supplies, reproduction of materials, and equipment); • Invoices and proof of payment for Travel costs (e.g., airfare, mileage, per diem, hotel) related to training activities; and, o Proof of purchase methodology (e.g. sole source, state contract, competitive bid results). Exercises: Allowable exercise -related costs include: o Funds Used to Design, Develop, Conduct and Evaluate an Exercise. This includes costs related to planning, meeting space and other meeting costs, facilitation costs, materials and supplies, travel, and documentation. Recipients are encouraged to use free public space/locations/facilities, whenever available, prior to the rental of space/locations/facilities. Exercises shall provide the opportunity to demonstrate and validate skills learned, as well as to identify any gaps in these skills. Gaps identified during an exercise including those for children and individuals with disabilities or access and functional needs, shall be identified in the AAR/IP and addressed in the exercise cycle. o Hiring of Full or Part -Time Staff or Contractors/Consultants. Full or part—time staff may be hired to support direct exercise activities. Payment of salaries and fringe benefits must be in accordance with the policies of the state or unit(s) of local government and have the approval of the state. The services of contractors/consultants may also be procured to support the design, development, conduct and evaluation of exercises. o Overtime and Backfill. The entire amount of overtime costs, including payments related to backfilling personnel, which are the direct result of time spent on the design, development and conduct of exercises are allowable expenses. These costs are allowed only to the extent the payment for such services is in accordance with the policies of the state or unit(s) of local government and has the approval of the state. In no case is dual compensation allowable. That is, an employee of a unit of govemment may not receive compensation from their unit or agency 28 P135 of government AND from an award for a single period of time (e.g., 1:00 p.m. to 5:00 p.m.), even though such work may benefit both activities. o Travel. Travel costs (e.g., airfare, mileage, per diem, hotel) are allowable as expenses by employees who are on travel status for official business related to the planning and conduct of the exercise activities. o Supplies. Supplies are items that are expended or consumed during the course of the planning and conduct of the exercise activities (e.g., gloves, non-sterile masks, and disposable protective equipment). o implementation of HSEEP. This refers to costs related to developing and maintaining an exercise program consistent with HSEEP. o Other Items. These costs are limited to items consumed in direct support of exercise activities such as the rental of space/locations for planning and conducting an exercise, rental of equipment, and the procurement of other essential nondurable goods. Recipients are encouraged to use free public space/locations, whenever available, prior to the rental of space/locations. Costs associated with inclusive practices and the provision of reasonable accommodations and modifications that facilitate full access for children and adults with disabilities are allowable. Unauthorized exercise -related costs include: o Reimbursement for the maintenance and/or wear and tear costs of general use vehicles (e.g., construction vehicles) and emergency response apparatus (e.g., fire trucks, ambulances). The only vehicle costs that are reimbursable are fueVgasoline or mileage. o Equipment that is purchased for permanent installation and/or use, beyond the scope of exercise conduct (e.g., electronic messaging signs) o Durable and non -durable goods purchased for installation and/or use beyond the scope of exercise conduct If the recipient seeks reimbursement for exercise activities, then the following shall be submitted: o Documentation clearly indicating the purpose/objectives of the exercise (e.g. Situation Manual, Exercise Plan); o After -action report, Sign -In sheets, Agenda, Rosters; o Receipts and proof of payment (e.g. canceled check, electronic funds transfer confirmation, credit card statement and payment to credit card company for that statement) for supplies expenditures (e.g. copying paper, gloves, tap, etc.); o Invoices and proof of payment for Travel costs (e.g., airfare, mileage, per diem, hotel) related to exercise activities; and, o Proof of purchase methodology (e.g. sole source, state contract, competitive bid results). No later than 90 days after completion of an exercise, the recipient shall upload to the Division's SharePoint portal at: httos://Dortal.floridadisaster.orq an After Action Report (AAR) that includes the following: o An Improvement Plan; and, o A roster of participants. Conferences: The Division recognizes the important role that conferences can play in the professional development of emergency managers. 2 C.F.R. §200.432 defines the term conference as "a meeting, retreat, seminar, symposium, workshop or event whose primary purpose is the dissemination of technical information beyond the non -Federal entity and is necessary and reasonable for successful performance under the Federal award." Rule 691-42.002(3), Florida Administrative Code, defines the term conference as: 29 P136 [T]he coming together of persons with a common interest or interests for the purpose of deliberation, interchange of views, or for the removal of differences or disputes and for discussion of their common problems and interests. The term also includes similar meetings such as seminars and workshops which are Targe formal group meetings that are programmed and supervised to accomplish intensive research, study, discussion and work in some specific field or on a governmental problem or problems. A conference does not mean the coming together of agency or interagency personnel. This Agreement requires the Recipient to attend Current Issues in Emergency Management (°CIEM"), a meeting hosted by the Division. In order for travel to a conference or convention to qualify for reimbursement, the cost must be reasonable and attendance at the conference must be necessary for the successful completion of a task required by this Agreement. Provided the cost qualifies as reasonable and necessary for the successful completion of a task required by this Agreement, travel to a conference that complies with the requirements of Rule 691-42.004, Florida Administrative Code, satisfies the minimum level of service for conference travel under this Agreement. In pertinent part, Rule 691-42.004(1), Florida Administrative Code, states " No public funds shall be expended for attendance at conferences or conventions unless: o The main purpose of the conference or convention is in connection with the official business of the state and directly related to the performance of the statutory duties and responsibilities of the agency participating; o The activity provides a direct educational or other benefit supporting the work and public purpose of the person attending; o The duties and responsibilities of the traveler attending such meetings are compatible with the objectives of the particular conference or convention; and o The request for payment of travel expenses is otherwise in compliance with these rules." Provided the cost qualifies as reasonable and necessary for the successful completion of a task required by this Agreement, and provided any related travel complies with the requirements of Rule 691-42.004, Florida Administrative Code, the following conferences may qualify for reimbursement under this Agreement: o Florida Emergency Preparedness Association Annual Meeting; o Florida Emergency Preparedness Association Mid -Year Work Session; o National Hurricane Conference; o Governor's Hurricane Conference; o Florida Hazardous Materials Symposium; o FDEM Private Sector Summit; and, o Rural County Summit hosted by Gadsden County Sheriffs Office. The above list is not exhaustive. Requests for reimbursement for payment of the registration fee or for a conference or convention must include: o A statement explaining how the expense directly relates to the Recipient's successful performance of a task outlined in this Agreement; o A copy of those pages of the agenda that itemizes the registration fee; and, o A copy of the travel voucher or a statement that no travel costs were incurred, if applicable. 30 P137 When a meal is included in a registration fee, the meal allowance must be deducted from the reimbursement claim, even if the traveler decides for personal reasons not to eat the meal. See section 112.061(6)(c), Florida Statutes ("No one, whether traveling out of or in state, shall be reimbursed for any meal or lodging included in a convention or conference registration fee paid by the state."). A continental breakfast is considered a meal and must be deducted if included in a registration fee for a convention or conference. However, in the case where a meal is provided by a hotel or airline, the traveler shall be allowed to claim the meal allowance provided by law. Class A, Class B, and Class C Travel: o Class A travel is continuous travel of 24 hours or more away from official headquarters. The travel day for Class A is based on a calendar day (midnight to midnight). o Class B travel is continuous travel of less than 24 hours which involves overnight absence away from official headquarters. The travel day for Class B travel begins at the same time as the travel period. o Class C travel is short or day trips in which the traveler is not away from, his/her official headquarters overnight. Class C allowances are currently not authorized for reimbursement. Meal Allowance and Per Diem: Section 112.061(6)(b), Florida Statutes, establishes the meal allowance for each meal during a travel period as follows: o $6 for breakfast (when travel begins before 6 a.m. and extends beyond 8 a.m.); • $11 for lunch (when travel begins before 12 noon and extends beyond 2 p.m.); and, o $19 for dinner (When travel begins before 6 p.m. and extends beyond 8 p.m. or when travel occurs during nighttime hours due to special assignment.). Section 112.061(a), Florida Statutes, establishes the per diem amounts. All travelers are allowed: o The authorized per diem for each day of travel; or, o If actual expenses exceed the allowable per diem, the amount allowed for meals as provided in s. 112.061(6) (b), F.S., plus actual expenses for lodging ata single occupancy rate. Per diem shall be calculated using four six -hour periods (quarters) beginning at midnight for Class A or when travel begins for Class B travel. Travelers may only switch from actual to per diem while on Class A travel on a midnight to midnight basis. A traveler on Class A or B travel who elects to be reimbursed on a per diem basis is allowed $20.00 for each quarter from the time of departure until the time of retum. Reimbursement for Meal Allowances That Exceed the State Rates: The Division shall not reimburse for any meal allowance that exceeds $6 for breakfast, $11 for lunch, or $19 for dinner unless: o For counties — the requirements of section 112.061(14), Florida Statutes, are satisfied; o The costs do not exceed charges normally allowed by the Recipient in its regular operations as the result of the Recipient's written travel policy (in other words, the reimbursement rates apply uniformly to all travel by the Recipient); and, a The costs do not exceed the reimbursement rates established by the United States General Services Administration ("GSA") for that locale (see https://www.gsa.00v/portal/content/104877). Hotel Accommodations: A traveler may not claim per diem or lodging reimbursement for overnight travel within 50 miles (one-way) of his or her headquarters or residence unless the circumstances necessitating the overnight stay are fully explained by the traveler and approved by the Division. 31 P138 1 Absent prior approval from the Division, the cost of any hotel accommodation shall not exceed $150 per night. Travel Reimbursement Forms: Unless the Recipient has received prior approval from the Florida Department of Financial Services ("DFS"), the Recipient shall use the travel forms incorporated by reference in Rule 691-42.003, Florida Administrative Code. Those forms include: o The Authorization to Incur Travel Expense, Form DFS -AA -13; a The Application for Advance on Travel Expenses, Form DFS -AA -25; and, o The Voucher for Reimbursement of Travel Expenses, Form DFS -AA -15. If the Recipient has not received permission from DFS to use an alternate form, and if the Recipient submits a request for reimbursement without including the applicable DFS forms listed above, then the Division shall not provide any reimbursement for that travel. Planning: Planning spans all five National Preparedness Goal (the Goal) mission areas and provides a baseline for determining potential threats and hazards, required capabilities, required resources, and establishes a framework for roles and responsibilities. Planning provides a methodical way to engage the whole community in the development of a strategic, operational, and/or community-based approach to preparedness. Plans shall have prior review and approval from the respective DEM program area. Funds may not be reimbursed for any plans that are not approved. Program funds may be used to develop or enhance emergency management planning activities. Some examples include: a Emergency Management/Operation Plans; o Communications Plans; a Continuity/Administrative Plans; a Whole Community Engagement/Planning; a Resource Management Planning; a Evacuation planning; a Recovery Planning; and, a Credentialing and Validation. If the Recipient seeks reimbursement for planning activities, then the following shall be submitted: • Copies of contracts, Memorandum of Understandings or agreements with consultants or sub- contractors providing services; a Documentation that clearly indicates hours worked for full or part-time staff or contractors/consultants and proof employee was paid; a Time and attendance forms for full or part-time staff or contractors/consultants who participated in the planning; • Invoice from any consultant/contractor involved in the planning (Note — grant agreement must be referenced on the invoice); a Copies of all planning materials and work product (e.g. meeting documents, copies of plans); a If a meeting was held by Recipient, an agenda and signup sheet with meeting date must be included; a Proof of payment (e.g. canceled check, electronic funds transfer, credit card statement and payment to credit card company for that statement); 32 P139 9 Complete Debarment form for any contractors/consultants; G Proof of purchase methodology (e.g. sole source, state contract, competitive bid results); e Invoices and proof of payment for Travel costs (e.g., airfare, mileage, per diem, hotel) related to planning activities; and, o If billing for overtime and/or backfill, provide documentation that list attendee names, department, # of hours spent at training, hourly rate and total amount paid to each attendee. Operational: EMPA Program funds may be used for all emergency management operations, staffing, and other day-to- day activities in support of emergency management. Personnel costs, including salary, overtime, compensatory time off, and associated fringe benefits, are allowable costs with EMPA program funds. The quarterly minimum acceptable standard is to have the qualified staffing level for the county based upon Rules 27P-11.004 and 27P-11.0061 (definition below). Each Emergency Management staff person must be available to work the number of hours and assume the responsibilities for the duties in their official position description as well as provide the coordination and support for all incidents within the jurisdiction on a 24 hour basis. Personnel costs 27P-11.004, 27P-11.0061: (1) Counties with populations of 75,000 or more must have a full time emergency management director. Counties with populations of Tess than 75,000 or party to an interjurisdictional emergency management agreement entered into pursuant to Section 252.38(3)(b), F.S., that is recognized by the Governor by executive order or rule, are encouraged to have a full time director. However, as a minimum, such a county must have an emergency management coordinator who works at least 20 hours a week in that capacity. "Full-time Emergency Management Director° means a single professional emergency management program Administrator working full-time as identified in the position description established by the goveming body of the jurisdiction. (2) The county must have an emergency management program that has been approved by the Division of Emergency Management. Program approval shall require: compliance with appropriate federal and state laws, rules and regulations; satisfactory completion of work elements of the previous year; and, a current proposal containing work elements commensurate with the needs of that county and a proposed budget. Eligible "Operational" items include, but are not limited to: o Salary and Benefits o Expenses o Utility (electric, water and sewage) and Telephone Bills (landlines, cellular, and satellite) o Internet Service • Maintenance Agreements for equipment or services (reimbursement can only be claimed for services within the Agreement period) o General Office Supplies o Memberships and Conference Travel as it relates to the Scope of Work O Software and upgrades o Publications and Training Materials o Postage • Apparel for identification of Emergency Management Staff in the field o Fuel for Emergency Management vehicles o Food/Beverages for activations (must have Govemor's Executive Order or a declared Local State of Emergency or prior approval from DEM/DFS) • Travel to/from meetings and conferences related to emergency management o Travel to training and/or exercises related to emergency management O Other PersonaVContractual Services 33 P140 o Reimbursement for services by a person(s) who is not a regular or full time employee filling established positions. This includes but is not limited to, temporary employees, student or graduate assistants, fellowships, part time academic employment, board members, consultants, and other services. o Consultant Services require a pre -approved Contract or purchase order by the Division. Copies of additional quotes shall also be supplied when requesting pre -approval. These requests shall be sent to the grant manager for the Division for review. If the recipient seeks reimbursement for operational activities, then the following shall be submitted: o Documentation that clearly indicates hours worked for full or part-time staff or contractors/consultants and proof employee was paid. o Time and attendance form for full or part-time staff or contractors/consultants. o Receipts and proof of payment (e.g. canceled check, electronic funds transfer confirmation,. credit card statement and payment to credit card company for that statement) for any expenditures in support of operational costs. ▪ An agenda for any attending meeting/conference. o Invoices and proof of payment for Travel costs (e.g., airfare, mileage, per diem, hotel) related to operational activities. P141 ATTACHMENT C SCOPE OF WORK BACKGROUND: Emergency Management, Preparedness, and Assistance ("EMPA") In 1993, in the aftermath of Hurricane Andrew, the Florida Legislature passed C.S.S.B. No. 1858, entitled 'Disaster and Emergency Preparedness — Trust Fund.' In addition to modifying other statutory sections, the legislation created sections 252.371 through 252.373, Florida Statutes. Section 252.371, Florida Statutes, establishes the Emergency Management, Preparedness, and Assistance ("EMPA") Trust Fund, which the Division administers. Section 252.372, Florida Statutes, imposes: G An annual $2 surcharge on "every homeowner's, mobile home owner's, tenant homeowner's, and condominium unit owner's policy"; and, o An annual $4 surcharge on "every commercial fire, commercial multiple peril, and business owner's property insurance policy." In accordance with Section 252.372, Florida Statutes, all proceeds from the surcharges "shall be deposited in the [EMPA] Trust Fund..." Section 252.373, Florida Statutes, provides for the allocation of monies from the EMPA Trust Fund, authorizes the Division to promulgate rules, and establishes minimum requirements. Emergency Management an Innate Responsibility Section 252.38, Florida Statutes, states: "Safeguarding the life and property of its citizens is an innate responsibility of the governing body of each political subdivision of the state." Definitions o Emergency Section 252.34(4), Florida Statutes, defines the term "emergency" as "any occurrence, or threat thereof, whether natural, technological, or manmade, in war or in peace, which results or may result in substantial injury or harm to the population or substantial damage to or loss of property." 6 Emergency Management Section 252.34(5), Florida Statutes, defines the term "emergency management" as "the preparation for, the mitigation of, the response to, and the recovery from emergencies and disasters." O County Emergency Management Agency Rule 27P-19.002(3), Florida Administrative Code, defines the term "County Emergency Management Agency" as "one of the sixty-seven (67) emergency management agencies authorized, established and maintained by each county pursuant to Section 252.38, [Florida Statutes]." U Base Grant Rule 27P-19.002(1), Florida Administrative Code, defines the term "base grant" as "those funds allocated in accordance with the formula in Rule 27P-19.005, F.A.C., as a minimum allocation to County Emergency Management Agencies." Base Grant Funds 35 P142 Consistent with Rule 27P-19.010(11), Florida Administrative Code, the Division shall determine allowable costs in accordance with 2 C.F.R. Part 200, entitled °Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards." In accordance with Rule 27P-19.005(1), Florida Administrative Code, the Division awards base grant funds to each county "for the use and benefit of the County Emergency Management Agency." In accordance with Rule 27P-19.005(2), Florida Administrative Code, the recipient may use base grant funds for any of the following categories: o Management and Administration; o Training (Planning, Training, and Exercises, or "PT&E°); and o Operations: o Salaries of emergency management staff; o Equipment included on the Department of Homeland Security Authorized Equipment List ("AEL") for the Emergency Management Performance Grants (EMPG); o Fuel and maintenance for dedicated emergency management equipment; o Office supplies for a County Emergency Management Agency; and, o Operational costs for a County Emergency Operations Center. Supplanting Prohibited Section 252.372, Florida Statutes, states that the monies from the EMPA Trust Fund "may not be used to supplant existing funding.' Additionally, Rule 27P-19.003(3), Florida Administrative Code, states: "Funds received from the [EMPA] Trust Fund may not be used to supplant existing funding...." Annual Certification Rule 27P-19.004(1), Florida Administrative Code, requires that, in order to receive EMPA funding, "each County Emergency Management Agency shall annually certify their commitment to employ and maintain either a Full-time Director or Part-time Coordinator consistent with subsections 27P-19.005(4) and (5), F.A.C." 36 P143 TASKS & DELIVERABLES: Task One: All -Hazards County Emergency Management Agency Throughout the period of this Agreement, the Recipient shall administer an all -hazard, county emergency management agency that includes preparedness, mitigation, response, and recovery components and capabilities. Pursuant to Section 252.38(1)(c), F.S., the County Emergency Management Agency shall perform emergency management functions throughout the territorial limits of the county in which it is organized. Additionally, the County Emergency Management Agency shall conduct such activities outside its territorial limits as required by law and in accordance with state and county emergency management plans and mutual aid agreements. The County Emergency Management Agency shall serve as liaison for and coordinator of municipalities' requests for state and federal assistance during post -disaster emergency operations. If the Recipient is a county with a population of 75,000 or more, then the Recipient shall employ a full-time county emergency management director. If the Recipient is a county with a population less than 75,000, or if the Recipient is a county that is a party to an inter jurisdictional emergency management agreement entered into pursuant to Section 252.38(3)(b), F.S., then the Recipient shall employ either: a An Emergency Management Coordinator who works at least 20 hours a week in that capacity; or, a A full-time director. Task One Deliverables: In order to demonstrate successful completion of Task 1, the Recipient shall submit to the Division the following: o For quarter 1, the following certification: "As required by Rule 27P-19.004(1), Florida Administrative Code, and as a condition precedent to receiving any funds under this Agreement, the Recipient certifies its commitment to continuously employ and maintain a full-time County Emergency Management Agency Director or a part-time County Emergency Management Agency Coordinator consistent with subsections 27P-19.005(4) and (5), Florida Administrative Code."; o For quarters 1, 2, 3, and 4, the quarterly report outlined in Attachment D; © For quarters 1, 2, 3, and 4, and for each category listed below, the Recipient must identify at least one employee of the Recipient who is responsible for that area (this can include any employee of the County, not just an employee of the County Emergency Management Agency): o Preparedness; o Response; o Recovery; o Mitigation; and, o Finance (to include procurement). o For quarters 1, 2, 3, and 4, timesheets or paystubs for a full-time County Emergency Management Director or a part-time Coordinator if a part-time coordinator is authorized under Rule 27P-19.004(3), F.A.C.; and, o For quarter 2, all employees of the County Emergency Management Agency, and any employee identified in subparagraph 3 above, shall upload into the Division's SERT TRAC the course 37 P144 completion certificates for any FEMA course ("G", "IS",, or other FEMA course) and any Division course ("FL" or other Division course) that pertains to the following areas: o Preparedness; o Response;. o Recovery; o Mitigation; and, o Finance (to include procurement). For Task 1, the person who executes the certification must possess the legal authority to bind the Recipient. In lieu of submitting physical copies of course completion certificates via mail, the Recipient may upload those documents to the Division's SharePoint portal at: https://portal.floridadisaster.orq. If the Recipient chooses to upload course completion certificates to SharePoint, then the Recipient shall annotate that fact on its quarterly report. As long as the information uploaded to SharePoint is current, the Recipient does not need to upload course completion certificates more than once. 38 P145 Task Two - 24-7 Emergency Operations Response Capabilities Throughout the period of this Agreement, the Recipient shall maintain the capability to respond to all hazards, 24 hours a day, 7 days a week. Task Two Deliverables: In order to demonstrate successful completion of Task 2, the Recipient shall submit to the Division the following: o For quarters 1, 2, 3, and 4, proof that, at least 10 times each quarter, the Recipient has successfully participated in the Division's weekly communication tests; o For quarters 1, 2, 3, and 4, proof that the Recipient satisfied the Statewide Mutual Aid requirements contained in Attachment E; o For quarters 1, 2, 3, and 4, proof that the Recipient satisfied the Geospatial Information Systems (GIS) requirements contained in Attachment F; o For quarters 1, 2, 3, and 4, proof that the Recipient satisfied the Hurricane Shelter Retrofit requirements contained in Attachment G; and, o For quarters 1, 2, 3, and 4, proof that the Recipient satisfied the Logistics requirements contained in Attachment H. 39 P146 Task Three - Local Budget Match Throughout the period of this Agreement, and as required by Rule 27P-1.9.011(1), Florida Administrative Code, the Recipient shall match base grant funds "at the amount either equal to the average of the previous three years' level of county general revenue funding of the County Emergency Management Agency or the level of funding for the County Emergency Management Agency for the last fiscal year, whichever is lower." NOTE: Rule 27P-19.011(1), Florida Administrative Code, states: "County general revenue funding for 911 services, emergency medical services, law enforcement, criminal justice, public works or other services outside the emergency management responsibilities assigned to the County Emergency Management Agency by Section 252.38, F.S., shall not be included in determining the level of county funding of the County Emergency Management Agency." Task Three Deliverables: In order to demonstrate successful completion of Task 3, the Recipient shall submit to the Division the following: o For quarter 1, the following certification executed by the Recipient: "As required by Rule 27P- 19.011, Florida Administrative Code, and as a condition precedent to receiving any funds under this Agreement, the Recipient certifies compliance with all of the requirements contained in Chapter 27P-19, Florida Administrative Code."; o For quarters 1, 2, 3, and 4, a current and accurate Local Budget Match Requirement Form (Form 3); and, o For quarters 1, 2, 3, and 4, a current and accurate County Emergency Management Local Budget (General Revenue). For Task 3, the person who executes the certification must possess the legal authority to bind the Recipient. In accordance with Rule 27P-19.011(2), Florida Administrative Code, and if "exceptional financial circumstances" exist, then the Recipient may request from the Division a match reduction: If the Base Grant recipient demonstrates that exceptional financial circumstances prevent the Base Grant recipient from complying with the match requirements in subsection 27P- 19.011(1), F.A.C., then the Base Grant recipient may request that the Division authorize a reduction in the amount of match required. The match required shall not be reduced by a percentage amount in excess of reductions in funding for county 911 services, emergency medical services, law enforcement, criminal justice, public works or other emergency management related services. To be eligible for any reduction, the Base Grant recipient shall demonstrate and certify that the reduction is due to reductions in county general revenue funding and that the amount of the requested reduction is equivalent to across the board reductions in all county budgets. County requests for reduction shall be signed by the county's chief elected officer and the certification of reduction in county budget funding shall be signed by the county's chief financial officer. Requests shall certify the intent to return to pre -reduced funding as soon as practicable, and shall provide an estimate of the date at which the county will retum to the current 40 P147 level of funding. Requests for reduction shall also be accompanied by financial data for the previous three years indicating: the level of county funding for the County Emergency Management Agency budget; budget detail regarding all individual items of the County Emergency Management Agency budget; and the proposed level of funding, for all budget items, if the reduction is authorized by the Division. All requests for match reduction shall be submitted no later than forty-five (45) days after the county budget has been approved by the governing body of the jurisdiction, or the opportunity to request shall be waived. In lieu of submitting physical copies of the Local Budget Match Requirement Form and the County Emergency Management Local Budget via mail, the Recipient may upload those documents to the Division's SharePoint portal at: httos://portal.floridadisaster.orq. If the Recipient chooses to upload those JJIJIV VOILOI.VI/' I l"VI l 1. CC.11 off 1.I - -• • - - 357511 08128/2017 INDIAN RIVER COUNTY HEALTH DEPT V 50.235.75 357517 08/31/2017 PORT CONSOLIDATED INC 68,920.23 41 P148 Task Four—Current Issue in Emergency Management (CIEM) During the quarter that the meeting is held, the full-time County Emergency Management Director or the part-time Coordinator if a part-time coordinator is authorized under Rule 27P-19.004(3), F.A.C., shall attend the Current Issues in Emergency Management ("CIEM") meeting hosted by the Division. Task Four Deliverables: In order to demonstrate successful completion of Task 4, the recipient shall submit to the Division the following: o Certificate of attendance; and, o If requesting grant reimbursement, a completed DFS state travel form. 42 P149 REIMBURSEMENT CONDITIONS: Subject to the funding limitations of this Agreement, the Division shall reimburse the Recipient on a quarterly basis for the documented costs incurred during the successful completion of the task(s) required by this Agreement. However, the following limitations shall apply: m In any quarter, the Division shall not reimburse the Recipient for an amount that exceeds 40% of the overall amount authorized by this Agreement; and, o The cumulative amount of reimbursement for quarters 1, 2, and 3 shall not exceed 85% of the overall amount authorized by this Agreement. If extraordinary circumstances exist, then the Recipient can request permission from the Division to exceed the 40% cap for a particular quarter. However, under no circumstances shall the cumulative reimbursement amount for quarters 1, 2, and 3 exceed 85% of the overall amount authorized by this Agreement. FINANCIAL CONSEQUENCES: Failure to successfully complete each of the required tasks, as demonstrated by the failure to satisfy the applicable deliverables, shall result in the following penalty: o A 10% reduction of the overall amount authorized by this Agreement. The Division shall apply the penalty each quarter during which the Recipient fails to successfully complete each of the required tasks. During this Agreement, up to four penalties may be imposed; and, each penalty shall be applied cumulatively. If, because of circumstances beyond the Recipient's control, the Recipient is unable to successfully perform a task required by this Agreement, then the Recipient shall notify the Division immediately. If the _Division agrees that the inability to perform was directly due to circumstances beyond the control of the Recipient, then the Division will consider waiving the imposition of a financial consequence. 43 P150 ATTACHMENT D QUARTERLY REPORTS Recipients must provide the Division with quarterly financial reports, mid -year and end -of -year summary progress reports prepared in conjunction with the Division's Regional Coordinator, and a final close-out report. Reporting Forms are located in the attachment titled "Reporting Forms," and can be found on the Division's Internet site. o Quarterly financial reports are due to the Division no later than thirty days after the end of each quarter of the program year; and must continue to be submitted each quarter until submission of the final close-out report. The ending dates for each quarter of this program year are September 30, December 31, March 31 and June 30. Reporting Period Report due to FDEM no later than January 1 through March 31 April 30 April 1 through June 30 July 31 July 1 through September 30 October 31 October 1 through, December 31 January 31 o The Recipient must provide the Division with full support documentation for the quarterly financial reports. To eliminate Targe files and mailings, the Division shall accept back up documentation on a CD if desired by the county. o The Quarterly Tasks form is due with your quarterly financial report each quarter. This form identifies all Emergency Management personnel's required training completed (or working towards completion) during the agreement period. e In order to ensure compliance with Rule 27P-19.011, the Local Budget Match Requirement Form shall be completed and sent when the Local County Budget is approved or by the end of the first quarter. The County shall provide a copy of the current Emergency Management Local Budget (General Revenue) with the form. If the County's current budget is lower than the previous year, or the average of the last three years, the county is required to request a Waiver no later than 45 days after the county budget is approved. e In a format provided by the Division, a proposed staffing summary must be submitted by November 15, 2017. Also, each funded county emergency management position description must be submitted to the Division no later than November 15, 2017. o Mid -Year and End -of -Year summary progress reports are to be scheduled and reviewed by the Division's Regional Coordinator and submitted to the grant manager. o The final close-out report is due sixty (60) days after termination of this Agreement. Any requests received after August 30, 2018, at the discretion of the Division, may not be reimbursed from this Agreement. o Programmatic Point of Contact: 44 P151 .Contractual Point of Contact Programmatic Point of Contact Joshua Bradt Karen Lyons FDEM FDEM 2555 Shumard Oak Blvd. 2555 Shumard Oak Blvd. Tallahassee, FL 32399-2100 • Tallahassee, FL 32399-2100 (850) 815-4348 (850) 815-4325 Joshua.bradt@em.myflorida.com karen.lyons@em.myflorida.com o The Division shall determine eligibility of projects and approve changes in Scope of Work. o The Division shall administer the financial processes. 45 'P152 ATTACHMENT E STATEWIDE MUTUAL AID Statewide Mutual AId — The Recipient must be a signatory to the agreement. If the Recipient is not a signatory to the agreement, then the Recipient must execute a current State Mutual Aid Agreement (SMAA) (27P-19.006) into Division's SharePoint portal by the end of the first quarter and annually upload the SMAA Form C (POC Contacts) to the Division's SharePoint portal at: https://portal.floridadisaster.orq. 46 P153 ATTACHMENT F GEOSPATIAL INFORMATION SYSTEMS (GIS) Geographical Information - The Recipient shall upload current GIS Data to the Division's SharePoint portal at: https://portal.floridadisaster.org. Current Geospatial Information Systems (GIS) data includes: o Location and attribute information of all fire rescue; law enforcement, public safety and emergency service stations; and, • Location and attribute information of other critical facilities as deemed necessary by the County Emergency Manager. Attribute information shall include: facility name, facility type, physical address, and USNG coordinates OR Latitude/Longitude in decimal degrees (only one or the other is required). NOTES: o Instead of reviewing the spreadsheet, an export from a county GIS department may be submitted. Zipped shapefiles or geodatabases may be extracted from a county GIS system and uploaded to the SharePoint portal. a If a county maintains a GIS data download website, that URL may simply be provided. o If counties have no changes since the last agreement period, a statement of "no change" shall be submitted via the SharePoint portal. o Critical facility inventory spreadsheets provided shall contain more facility types than are required to be reviewed. 47 P154 ATTACHMENT G HURRICANE SHELTER RETROFIT Hurricane Shelter Retrofit - In accordance with Florida's statewide hurricane shelter space deficit elimination program, the Recipient must upload items A- E on the Division's SharePoint portal by the end of the 4'h Quarter at: https://portal.floridadisaster.orq. The responses collected in this task are the basis for the Shelter Retrofit Report as required by 252.38 F.S. Each county's current Shelter Inventory Spreadsheet shall be available on SharePoint for reference. A. Hurricane shelter deficit reduction progress information. 1. Submit a list of newly constructed "as -is", retrofit and or Enhanced Hurricane Protection Areas (EHPA) facilities. If none, enter "none". 2. Submit any corrections needed on the Shelter Inventory Spreadsheet. If none, enter "no corrections needed, the information is correct". B. Current or newly completed hurricane shelter retrofit projects. 1. List all hurricane shelter retrofit projects completed in the previous fiscal year regardless of funding source(s). If none, enter "none". 2. List potential hurricane shelter retrofit projects. Listing projects is the first step for grant eligibility. If none, enter "none". C. Update Special Needs Shelters' (SpNS) power systems. 1. Respond yes or no to this statement on the SharePoint portal: All designated SpNS have a standby power system or capability with adequate capacity to support life -safety systems, essential lighting and outletreceptacles, air-conditioning, and necessary medical equipment. 2. If no, upload a strategy so that all designated SpNS shall have a standby power capability with adequate capacity to support life -safety systems, essential lighting and outlet receptacles, air-conditioning, and necessary medical equipment. For those designated SpNS facilities without a permanently equipped standby electric generating capacity, a locally sourced temporary electric generator with adequate capacity to support the standby power system requirements shall be provided. D. Update SpNS client space capacity. 1. Respond yes or no to this statement on the SharePoint portal: The county has designated sufficient SpNS client spaces to meet the anticipated five-year demands as determined by the 2018 Statewide Emergency Shelter Plan (published January 31, 2018). 2. If no, upload a strategy to achieve sufficient SpNS client spaces to meet the anticipated five- year demands as determined by the 2018 Statewide Emergency Shelter Plan (January 31, 2018). E. Upload a brief report on results of the year's coordination with school boards, community colleges and universities (as applicable). The most recent published Statewide Emergency Shelter Plan provides guidance for implementation of the criteria. The Report to the Division shall discuss, at an executive level, the results of the meeting(s) including: 1. Status of EHPA or new construction projects from previous reports to the Division 2. List of planned facilities/buildings (e.g., initial name/title of the project (such as, High School AAA), location and estimate of shelter space floor area or spaces) that the educational agency shall design and/or build in the coming two (2) years; and five (5) years. 3. List of facilities/buildings that shall be designed and constructed as EHPA, include (if available) anticipated hurricane shelter space capacity. 4. List of facilities/buildings for which an exemption from EHPA shall be requested, and anticipated statute or code -based cause(s) for such exemption(s). 5. List of facilities/buildings where future retrofitting may be practical to assist in creating shelter space. 6. Upload a copy of the participant sign -in sheet with agency affiliation shown, and a copy of any meeting minutes (or similar documentation). 48 P155 ATTACHMENT H LOGISTICS Logistics - The Recipient shall upload a current County Logistics strategy/plan that is consistent with recommended guidance found in the County Logistics and Points of Distribution (POD) Standard Operating Guide (SOG) (CEMP 2355 of 2006) into the Division's SharePoint portal at: https://portaI.floridadisaster.org. The strategy/plan shall include, but is not limited to the following: A. County Logistics Section organization and partners. B. Gap Analysis of identifying necessary resources (people/teams, locations/facilities, equipment and commodities; and the Mission Management Process on how the county accesses and dispatches those resources (Contracts, MOU's, Mutual Aid, State Assistance, Federal Assistance). C. County Government Emergency Fuel Strategy (ESF 12). D. How the County coordinates with private business and industry in meeting emergency community resource needs (ESF 18). E. List of local vendors, with which the Recipient has a Memorandum of Agreements or contracts that shall provide resources in an emergency (Can be an Annex to the Plan and need only be updated every three years unless changes are made). F. Location, survey forms and attributes information for County Logistics Staging Areas (Can be an Annex to the Plan and need only'be updated every three years unless changes are made). G. Location and attribute information for County Points of Distribution (POD) sites and Comfort Stations (Can be an Annex to the Plan and need only be updated every three years unless changes are made). 49 P156 ATTACHMENT! Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion Subcontractor Covered Transactions (1) The prospective subcontractor of the Recipient, , certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the Recipient's subcontractor is unable to certify to the above statement, the prospective subcontractor shall attach an explanation to this form. SUBCONTRACTOR: By: Signature Recipient's Name Name and Title FDEM Contract Number Street Address Grant Number City, State, Zip Date 50 P157 ATTACHMENT J JUSTIFICATION OF ADVANCE PAYMENT RECIPIENT: If you are requesting an advance, indicate same by checking the box below. [ ] ADVANCE REQUESTED Advance payment of $ is requested. Balance of payments will be made on a reimbursement basis. These funds are If you are requesting an advance, complete the following chart and line item justification below. ESTIMATED EXPENSES BUDGET CATEGORY/LINE ITEMS (list applicable line items) 20_-20_ Anticipated Expenditures for First Three Months of Contract For example ADMINISTRATIVE COSTS (Include Secondary Administration.) For example PROGRAM EXPENSES TOTAL EXPENSES LINE ITEM JUSTIFICATION (For each line item, provide a detailed justification explaining the need for the cash advance. The justification must include supporting documentation that clearly shows the advance will be expended within the first ninety (90) days of the contract term. Support documentation should include quotes for purchases, delivery timelines, salary and expense projections, etc. to provide the Division reasonable and necessary support that the advance will be expended within the first ninety (90) days of the contract term. Any advance funds not expended within the first ninety (90) days of the contract term shall be returned to the Division Cashier, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399, within thirty (30) days of receipt, along with any interest earned on the advance) 51 P158 Consent Agenda - B. C C. 9.12.17 Oce of 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_ i DATE: August 10, 2017 SUBJECT: U.S. Dollar LIBOR -Based Instrument Class Action Lawsuit BACKGROUND. A $120 million settlement has been reached with Barclays Bank plc in a class action lawsuit concerning price fixing and manipulation of the London Interbank Offered Rate ("LIBOR"). The lawsuit that was filed claimed that Barclays and other parties, who have not settled, unlawfully manipulated the U.S. Dollar LIBOR, artificially lowering the rate to reduce payments. Indian River County (the "County") received a notice that the County may be eligible to participate in the proposed settlement, if the County owned a U.S. Dollar LIBOR -Based Instrument between August 2007 and May 2010. The Indian River County Board of County Commissioners ("Board") has to decide by October 9, 2017, whether to stay in the class or exclude itself from the class. No action is required in order to stay in the class. The deadline to file a proof of claim is December 21, 2017. FUNDING. There is no funding associated with this item if the Board decides to stay in the class. Any money obtained as part of any potential settlement or verdict will be deposited into the General Fund/Other Miscellaneous Revenues Acct#001038-369900 RECOMMENDATION. The County Attorney's Office recommends that the Board vote to stay in the class and authorize the County Attorney's Office to file a claim, if eligible to do so, by the December 21, 2017 deadline. ATTACHMENT(S). Notice for U.S. Dollar LIBOR -Based Instrument Class Action Lawsuit F: 1ArroruyllL.61GENFRILIB C ClAgerd.MemouiUSDollar LIBOR Char Aciimdoe P159 UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK,41„_ T r? 4 If You Owned a ..U.S. Dollar LIBOR -Based Instrument Between August 2007 and May 2010, COE, �C 26' ,i,1_. You May Be Eligible for a Payment from a $120 Million Settlement. 4 Impacts individuals and institutions that entered into most over-the-counter financial derivative and non -derivative instruments directly with a U.S. Dollar Panel Bank (see Question 8) that received payments tied to U.S. Dollar LIBOR, including certain interest rate swaps, forward rate agreements, asset swaps, collateralized debt obligations, credit default swaps, inflation swaps, total return swaps, options, and floating rate notes. A United States federal court authorized this notice. This is not a solicitation from a lawyer. • A Settlement has been reached with Barclays Bank plc ("Barclays") in -a class action Lawsuit about the price- fixing and manipulation of the London Interbank Offered Rate ("LIBOR"). The lawsuit claims that Barclays and the Non -Settling Defendants (see Question 2) unlawfully manipulated the U.S. Dollar LIBOR rate, artificially lowering the rate to reduce payments to Class Members. • You are included in the Settlement and are entitled to seek a payment, if you directly purchased U.S. Dollar LIBOR -based instruments directly from Barclays or any Non -Settling Defendant (see Question 6). Class Members who transacted with Barclays and Class Members who transacted with Non -Settling Defendants will be entitled to payments in the same manner (see Question 12). Class Members will release claims through this Settlement only against Barclays and its affiliates; the Settlement does not impact claims in the lawsuit against the Non -Settling Defendants, and the lawsuit is ongoing. • The instruments affected include, among others: asset swaps, collateralized debt obligations, credit default swaps, forward rate agreements, inflation swaps, interest rate swaps, total return swaps, options, or floating rate notes. The Settlement does not include U.S. Dollar LIBOR -based instruments that include only a term, provision, or obligation or right to pay interest based on the U.S. Dollar, such as business; home, student, or car loans; or credit cards. • The Settlement will pay individuals and institutions that owned certain U.S. Dollar LIBOR -based instruments between August 2007 and May 2010. In addition, Barclays has agreed to cooperate with Class Counsel and provide information to use against the Non -Settling Defendants. • Your legal rights are affected even if you do nothing. Please read this notice carefully. YOUR LEGAL RIGHTS AND OPTIONS IN TtuTLLEMEN. SS -r SUBMIT A CLAIM This is the only way to get a payment. See Question 15. ASK TO BE EXCLUDED You will get no monetary benefits from the Settlement. This is the only option that allows you to assert the claims released by this Settlement against Barclays about the U.S. Dollar LIBOR manipulation claims at issue in this case. See Question 17. OBJECT If you wish to object to the Settlement, or anything else referenced in this Notice, you must file a written objection. See Question 22. GO TO A HEARING You may also request to be heard at the Fairness Hearing. See Question 26. DO NOTHING You will forfeit your right to get a monetary benefit from the Settlement, and you will give up your rights to assert claims released by this Settlement against Barclays about the U.S. Dollar LIBOR manipulation claims at issue in this case. • These rights and options—and the deadlines to exercise them—are explained in this notice. • The Court in charge of this case still has to decide whether to approve the Settlement. Payments will only be made if the Court approves the Settlement and after any appeals are resolved. Please be patient. QUESTIONS? CALL 1-888- 568-7640 OR VISIT WWW.BARCLAYSLIBORSETTLEMENT.COM P160 BASIC INFORMATION 1. Why is there a notice? 2. What is this lawsuit about? 3. Are there any related lawsuits? 4. Why is this a class action? 5. Why is there a Settlement? 3 WHO IS IN THE SETTLEMENT? 4 6. How do I know if I am part of the Settlement? 7. What is the London Interbank Offered Rate ("LIBOR")? 8. What U.S. Dollar LIBOR -based instruments are covered by the Settlement? 9. Does the Settlement include instruments where I only pay interest based on LIBOR rate? 10. What if I am not sure whether I am included in the Settlement? THE SETTLEMENT BENEFITS 11. What does the Settlement provide? 12. How much will my payment be? 13. When will I receive my payment? 14. What am I giving up to stay in the Class? HOW TO RECEIVE A PAYMENT U.S. Dollar 15. How can I receive a payment? 16. What if my claim is rejected? 8 EXCLUDING YOURSELF FROM THE SETTLEMENT 8 17. How do I get out of the Settlement? 18. If I do not exclude myself, can I sue Barclays for the same thing later? 19. If I exclude myself, can I still get a payment from this Settlement? THE LAWYERS REPRESENTING YOU 9 20. Do I have a lawyer in the case? 21. How will the lawyers be paid? OBJECTING TO THE SETTLEMENT 9 22. How do I tell the Court if I do not like the Settlement? 23. What is the difference between objecting and asking to be excluded? THE FAIRNESS HEARING 10 24. When and where will the Court decide whether to approve the Settlement? 25. Do I have to attend the hearing? 26. May I speak at the hearing? GETTING MORE INFORMATION 11 27. How do I get more information? QUESTIONS? CALL 1-888-568-7640 OR VISIT WWW.BARCLAYSLIBORSETTLEMENT.COM -2- P161 BASIC INFORMATION A Court authorized this notice because you have a right to know about a proposed Settlement in this class action lawsuit and about all of your options before the Court decides whether to give final approval to the Settlement. This notice explains the lawsuit, the Settlement, and your legal rights. Judge Naomi Reice Buchwald of the United States District Court for the Southern District of New York is overseeing this case. This litigation has been consolidated within In re LIBOR -Based Financial Instruments Antitrust Litigation, MDL No. 2262, and this Settlement relates to an action referred to as the "OTC Action" because it involves Plaintiffs who entered into over-the-counter ("OTC") financial derivative and non- derivative instruments directly with Barclays or the Non -Settling Defendants. ►o.0#?� Banks on the U.S. Dollar panel (and their affiliates) around the world were sued by a. group of their counterparties ("Plaintiffs") who claim that the banks manipulated the U.S. Dollar LIBOR rate during the financial crisis, artificially lowering the rate for their own benefit. Plaintiffs claim that Barclays and other banks manipulated the U.S. Dollar LIBOR rate, and that, as a result, purchasers did not receive as much interest payments for their U.S. Dollar LIBOR -based instruments from the banks as they should have. Barclays and the Non -Settling Defendants deny these claims and maintain they did nothing wrong. Plaintiffs in the OTC Action have brought (a) antitrust claims under the Sherman Act, (b) breach of contract claims, and (c) unjust enrichment claims against Barclays and the Non_ Settling Defendants. A Settlement has been reached with Barclays, the Settling Bank, and that is why you are receiving this Notice. The Settlement does not impact claims in the lawsuit against the Non -Settling Defendants, and the lawsuit is ongoing. For purposes of the Settlement, the Non -Settling Defendants are (collectively with Barclays, the "Defendants"): • Credit Suisse Group AG; Credit Suisse International; Credit Suisse (USA) Inc. (together, "Credit Suisse"); • Bank of America Corporation and Bank of America, N.A. . (together, "Bank of America"); • JPMorgan Chase & Co. and JPMorgan Chase Bank, NA (together,."JPMorgan Chase"); • HSBC Holdings PLC and HSBC Bank PLC (together, "HSBC"); • Barclays Bank plc; • Lloyds Banking Group PLC ("Lloyds); • WestLB AG and Westdeutsche Ummobilienbank AG (together "WestLB"); • UBS AG ("UBS"); • The Royal Bank of Scotland Group PLC ("RBS"); • Citizens Bank of Massachusetts a/k/a RBS Citizens Bank N.A. ("Citizens Bank"); • Deutsche Bank AG ("Deutsche Bank"); • Citibank NA and Citigroup Inc. (together, "Citibank"); • Cooperatieve Central Raiffeisen Boerenleenbank B.A. ("Rabobank"); • The Norinchukin Bank ("Norinchukin"); • The Bank of Tokyo -Mitsubishi UFJ, Ltd ("Bank of Tokyo"); • HBOS PLC ("HBOS"); QUESTIONS? CALL 1-888- 568-7640 OR VISIT WWW.BARCLAYSLIBORSETTLEMENT.COM -3- P162 • Societe Generale S.A.; and • Royal Bank of Canada ("RBC"). e „ Yes. There are many cases that have been consolidated as a multi -district litigation ("MDL") in the U.S. District Court for the Southern District of New York, entitled: In re LIBOR Financial Instruments Litigation, 1 I -MD-2262. This Settlement is made with Plaintiffs in the OTC Action only. bJisa aw4Ottnic?„ In a class action, one or more people called "Class Representatives" sue on behalf of themselves and other people with similar claims. All of these people together are the "class" or "class members." In this Settlement, the Class Representatives are: the Mayor and City of Baltimore; City of New Britain; Texas Competitive Electric Holdings Company LLC; Yale University; Jennie Stuart Medical Center, Inc.; Variety Children's Hospital doing business as Miami Children's Hospital; Highlander Realty LLC; and SEIU Pension Plans Master Trust. One court resolves the issues for all Class Members, except for those who exclude themselves from the OTC Class. The Court has not decided in favor of the Plaintiffs or Barclays. Instead, the Parties have engaged in lengthy negotiations, and Plaintiffs and Barclays have agreed to a Settlement. By agreeing to settle, the Parties avoid the costs and uncertainty of a trial, and the people affected will get a chance to receive compensation. The Class Plaintiffs and their attorneys think the Settlement is best for all OTC Class Members. The proposed Settlement does not mean that any law was broken or that Barclays did anything wrong. WHO Is IN THE SETTLEMENT? If you received mailed notice of the Settlement, then you may be a Class Member. But even if you did not receive a notice, you may be a Class Member, as described below. OltiltiFiarninVnit nkthe gettlin'4it?'• You are included in the Settlement if you (individual or entity): • Directly purchased certain U.S. Dollar LIBOR -based instruments (see Question 8); • From Barclays or any Non -Settling Defendant (or their subsidiaries or affiliates) (see Question 2); • In the United States; and • Owned the instruments at any time between August 2007 and May 2010. You are not a member of the Class, even if you meet the above criteria, if you are: • One of the Non -Settling Defendants, Released Parties, or alleged co-conspirators or their employees, officers, or directors; • One of the Non -Settling Defendants', Released Parties', or alleged co-conspirators' parent companies, subsidiaries, affiliates, legal representatives, heirs, assigns, or any person acting on their behalf; • An entity in which any Non -Settling Defendants, Released Parties, or alleged co-conspirators have a controlling interest; or A judicial officer presiding over this action or his/her immediate family member or are a judicial staff member or juror assigned to the OTC Action. QUESTIONS? CALL 1-888-568-7640 OR VISIT WWW.BARCLAYSLIBORSETTLEMENT.COM - 4 - P163 •:tfe 'on : interbank The U.S. Dollar LIBOR rate is defined as the average rate at which each individual bank on the U.S. Dollar LIBOR panel could borrow funds, were it to do so by asking for and then accepting inter -bank offers in reasonable market size, just prior to 11:00 am London time. It is the reference point for determining interest rates for financial instruments worldwide. LIBOR rates are calculated for several currencies, such as U.S. Dollars, and seven borrowing periods ranging from overnight to one year. They are published each business day. This Settlement only involves U.S. Dollar LIBOR. )):Wijitted "ins#am r ts's e,e c! e l il`y; e nen MiaT The Settlement relates to U.S. Dollar LIBOR -Based Instruments, which are instruments that include any term, provision, obligation or right to be paid or to receive interest based upon the U.S. Dollar LIBOR rate. These include, but are not limited to, the following: • Asset Swaps — a type of over-the-counter derivative in which one investor exchanges the cash flows of an asset or pool of assets for a different cash flow without affecting the underlying investment position. • Collateralized Debt Obligations ("CDOs") — a type of structured asset back security ("ABS"). CDOs have multiple levels of risk ("tranches") and are issued by special purpose entities. They are collateralized by debt obligations including bonds and loans. • Credit Default Swaps ("CDSs") — a type of over-the-counter, credit -based derivative where the seller of the CDSs compensates the buyer of the CDS only if the underlying loan goes into default or has another credit event. • Forward Rate Agreements ("FRAs") — a type of over-the-counter derivative based on a "forward contract." The contract sets the rate of interest or the currency exchange rate to be paid or received on an obligation beginning at a future start date. • Inflation Swaps — a type of over-the-counter derivative used to transfer inflation risk from one party to another through an exchange of cash flows. • Interest Rate Swaps — a type of over-the-counter derivative in which two parties agree to exchange interest rate cash flows, based on a specified notional amount from a fixed rate to a floating rate (or vice versa) or from one floating rate to another. Interest rate swaps are commonly used for both hedging and speculating. • Total Return Swaps — a type of over-the-counter derivative based on financial contracts that transfer both the credit and market risk of an underlying asset. These derivatives allow one contracting party to derive the economic benefit of owning an asset without putting that asset on its balance sheet. • Options — a type of over-the-counter derivative based on a contract between two parties for a future transaction on an asset. The other derivative instruments, defined above, can serve as the asset for an option. • Floating Rate Notes — evidence an amount of money owed to the buyer from the seller. The interest rate on floating rate notes is adjusted at contractually -set intervals and is based on a variable rate index, such as U.S. Dollar LIBOR. QUESTIONS? CALL 1-888-568-7640 OR VISIT WWW.BARCLAYSLIBORSETTLEMENT.COM -5- P164 Only U.S. Dollar LIBOR -based instruments that were sold in over-the-counter transactions (OTC transactions) are included in the Settlement. The Settlement does not include U.S. Dollar LIBOR -based instruments that include only a term, provision, or obligation or right to pay interest based on the U.S. Dollar LIBOR rate, such as business, home, student, or car loans or credit cards. If you are not sure whether you are included in the Settlement, you may call 1-888-568-7640 with questions or visit www.BarclaysLiborSettlement.com. You may also write with questions to U.S. Dollar LIBOR, P.O. Box 2602, Faribault, MN 55021-9602 or email info@BarclaysLiborSettlement.com: THE SETTLEMENT BENEFITS The Settlement will create a $120 million Settlement Fund that will be used to pay eligible Class Members who submit valid claims. The cost to administer the Settlement, attorney fees, and payment to the Class Representatives will come out of the Settlement Fund (see Question 21). Additionally, Barclays will cooperate with the Plaintiffs in their ongoing litigation against the Non -Settling Defendants. More details are in a document called the Settlement Agreement, which is available at www.BarclaysLiborSettlement.com. . :t mu J will my payment The Settlement Fund will be distributed to Settlement Class Members pro rata, in.proportion to a reasonable estimate of their damages, after deduction of any fees and expenses (see Question 21). This distribution will be made- pursuant to a Plan of Distribution, which has been submitted to the Court in advance of the final approval hearing, and made available at www.BarclaysLiborSettlement.com. The Plan of Distribution provides that each Class Member will receive a pro rata distribution, based on how much less the Class Member was paid during the Class Period as a result of the alleged suppression. A chart showing the applicable amount of suppression during the Class Period is available on the website, and is based on expert modelling the Plaintiffs' have used in support of the litigation. Class Members will have the option to comment on or object to any portion of the Plan of Distribution at the Fairness Hearing. The Settlement Agreement will remain in place if the Court rejects or alters the proposed Plan of Distribution. en>.vvll;i receive my payment? Class Members who are entitled to payments will receive their payments after the Court grants final approval to the Settlement and after any appeals are resolved (see "The Fairness Hearing" below). If there are appeals, resolving them can take time. Please be patient. QUESTIONS? CALL 1-888- 568-7640 OR VISIT WWW.BARCLAYSLIBORSETTLEMENT.COM -6- P165 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK In re LIBOR -Based Financial Instruments Antitrust Litigation THIS DOCUMENT RELATES TO: OTC ACTION MDL No. 11 -MD -2262 (NRB) PROOF OF CLAIM FOR THE OTC PLAINTIFFS SETTLEMENT WITH BARCLAYS I. GENERAL INSTRUCTIONS 1. To recover as an Authorized Claimant based on your claim in the action entitled In re LIBOR -Based Financial Instruments Antitrust Litigation, MDL No. 2262 (NRB), pending in the United States District Court for the Southern District of New York, involving plaintiffs who entered into over-the-counter financial derivative and non -derivative instruments directly with Defendants (the "OTC Action"), you must complete a Proof of Claim form. if you fail to submit a properly completed and addressed Proof of Claim form, your claim may be rejected and you may be precluded from any recovery from the Net Settlement Fund created in connection with the Barclays Settlement of the OTC Action. 2. Submission of this Proof of Claim form, however, does not assure that you will share in the Net Settlement Fund. 3. You have two options for completing a Proof of Claim form: a. You can mail your completed and signed Proof of Claim form postmarked no later than December 21, 2017, to: U.S. Dollar LIBOR Settlement P.O. Box 2602 Faribault, MN 55021-9602 b. You can complete and submit the Proof of Claim form through the Settlement website by visiting www.BarclaysLiborSettlement.com. Upon completion of the online Proof of Claim form, you will receive an acknowledgment that your Proof of Claim has been submitted. If you choose this option and file a Proof of Claim electronically, you must file on or before December 21, 2017. 4. If you are NOT an OTC Class Member (as defined in the Notice), DO NOT submit a Proof of Claim form. 5. If you are an OTC Class Member and have not requested exclusion, you will be bound by the terms of the Settlement and any judgment entered in the OTC Action, WHETHER OR NOTYOU SUBMIT A PROOF OF CLAIM FORM. I1. DEFINITIONS Capitalized terms not defined in this Proof of Claim have the same meaning as defined in the following Settlement Agreement with Barclays Bank plc ("Barclays"), dated November 11, 2015. (The Settlement Agreement, in its entirety, is available at www.BarclaysLiborSettlement.com.) I11. CLAIMANT IDENTIFICATION 1. If you purchased or otherwise acquired U.S. Dollar LIBOR -Based Instruments and held them in your name, you are the beneficial purchaser as well as the record purchaser. If, however, you purchased the U.S. Dollar LIBOR -Based Instruments but they were registered in the name of a third party, such as a nominee or brokerage firm, you are the beneficial purchaser and the third party is the record purchaser. 2. Use Part I of this form entitled "Claimant Identification" to identify the purchaser of record ("nominee"), if different from the beneficial purchaser of U.S. Dollar LIBOR -Based Instruments which form the basis of this claim. THIS CLAIM MUST BE FILED BY THE ACTUAL BENEFICIAL PURCHASER OR PURCHASERS, OR THE LEGAL REPRESENTATIVE OF SUCH PURCHASER OR PURCHASERS OFTHE SECURITIES UPON WHICH THIS CLAIM IS BASED. NOTE: A single Proof of Claim should be submitted on behalf of one legal entity including all transactions made by that entity, no matter how many separate accounts that entity has. P166 IV. CLAIM FORM 1. Use Part II of this form entitled "Schedule of U.S. Dollar LIBOR -Based Instruments" to supply all required details of your transaction(s). If you need more space, photocopy or attach separate sheets giving all of the required information in substantially the same form. Sign and print or type your name on each additional sheet. 2. On the schedules, provide all of the requested information with respect to all of your purchases or other acquisitions of U.S. Dollar LIBOR -Based Instruments which were held at any time from August 1, 2007 through May 31, 2010, inclusive. Failure to report all such transactions may result in the rejection of your claim. 3. List each transaction separately and in chronological order, by trade date, beginning with the earliest. You must accurately provide the month, day and year of each transaction you list. 4. You must supply the name of the counterparty for each transaction you list in Part II. To qualify for a claim, you must have purchased at least one U.S. Dollar LIBOR -Based Instrument in the United States directly from a Defendant (or a Defendant's subsidiary or affiliate), and owned that instrument any time during the period August 2007 through May 2010 (the "Class Period"). The Defendants in the OTC action are: • Credit Suisse Group AG; Credit Suisse International; Credit Suisse (USA) Inc. (together, "Credit Suisse"); • Bank of America Corporation and Bank of America, N.A, (together, "Bank of America"); • JPMorgan Chase & Co. and JPMorgan Chase Bank, NA (together, "JPMorgan Chase"); • HSBC Holdings PLC and HSBC Bank PLC (together, "HSBC");* • Barclays Bank plc; • Lloyds Banking Group PLC ("Lloyds); • WestLB AG and Westdeutsche Ummobilienbank AG (together "WestLB"); • UBS AG ("UBS"); • The Royal Bank of Scotland Group PLC ("RBS"); • Citizens Bank of Massachusetts a/k/a RBS Citizens Bank N.A. ("Citizens Bank"); • Deutsche Bank AG ("Deutsche Bank"); • Citibank NA and Citigroup Inc. (together, "Citibank"); • Cooperatieve Central Raiffeisen Boerenleenbank B.A. ("Rabobank"); • The Norinchukin Bank ("Norinchukin"); • The Bank of Tokyo -Mitsubishi UFJ, Ltd ("Bank of Tokyo"); • HBOS PLC ("HBOS"); • Societe Generale S.A.; and • Royal Bank of Canada ("RBC"). 5. Documentation to support your transactions in U.S. Dollar LIBOR -Based Instruments is NOT required at this time, however, the Claims Administrator may ask you to provide documentation to substantiate your transactions during auditing. 6. NOTICETO INSTITUTIONAL FILERS: Certain claimants with large numbers of transactions may request, or may be requested, to submit information regarding their transactions in electronic files. All claimants MUST submit a manually signed paper Claim Form whether or not they also submit electronic copies. If you wish to file your claim electronically, you must call the Claims Administrator toll-free at 1 (888) 568-7640, send an e-mail to info@BarclaysLiborSettlement.com, or visit the website for the Settlement at www.BarclaysLiborSettlement.com to obtain the required file layout. 7. A Proof of Claim received by the Claims Administrator shall be deemed to have been submitted when posted, if mailed by December 21, 2017 and if a postmark is indicated on the envelope and it is mailed first class, and addressed in accordance with the above instructions. In all other cases, a Proof of Claim shall be deemed to have been submitted when actually received by the Claims Administrator. 8. You should be aware that it will take a significant amount of time to process fully all of the Proofs of Claim and to administer the Settlements. This work will be completed as promptly as time permits, given the need to investigate and tabulate each Proof of Claim. Please notify the Claims Administrator of any change of address. ACCURATE CLAIMS PROCESSING TAKES A SIGNIFICANT AMOUNT OF TIME. - THANK YOU FOR YOUR PATIENCE. Instructions - Page 2 P167 MUST BE POSTMARKED ON OR BEFORE DECEMBER 21, 2017 1* 0 1111811111111 2 11111111111111134 5 6 7 8 1111111111111111111111119* 01 In re LIBOR -Based Financial Instruments Antitrust Lit. 11 -MD -2262 (NRB) PROOF OF CLAIM AND RELEASE Use Blue or Black Ink Only PART I: CLAIMANT IDENTIFICATION - Please type or print. A. Complete the following Section. Page 1 of 6 Entity Name/Beneficial Owner Name of Representative submitting the Claim Form Title/Capacity B. Account/Mailing Information: Number and Street or P.O. Box City Foreign Province and Postal Code Telephone Number (Day) Email Address Taxpayer Identification No. State Foreign Country Zip Code Telephone Number (Evening) Account Number I 11111111111111111111111141 11111111 111111111111 1 11111111 11 1111111111111 11 1111 P168 11111111111111111 1111111111111111111111111111111111111111111 • 0 1 2 3 4 5- 6 7 8 9* PART 0: SCHEDULE OF U.S. DOLLAR LIBOR -BASED INSTRUMENTS DOCUMENTATION TO SUPPORT YOUR TRANSACTIONS IN U.S. DOLLAR LIBOR -BASED INSTRUMENTS IS NOT REQUIRED AT THIS TIME, HOWEVER, THE CLAIMS ADMINISTRATOR MAY ASK YOU TO PROVIDE DOCUMENTATION TO SUBSTANTIATE YOUR TRANSACTIONS DURING AUDITING. INSTRUCTIONS: List all U.S. Dollar LIBOR -Based Instruments you purchased in the United States directly from a Defendant (or a Defendant's subsidiary or affiliate), and which you owned any time during the period August 2007 through May 2010 (Class Period). You should only list the information for the leg of the swap (or bond) where you received LIBOR -based payments from a Defendant during the Class Period. The Settlement does not include U.S. Dollar LIBOR -based instruments that include only a term, provision, or obligation or right to pay interest based on the U.S. Dollar LIBOR rate, such as business, home, student, or car loans, or credit cards. If you have an instrument for which you cannot fit the terms in the space below, attach the instrument separately and describe the terms of the LIBOR - based payments on a separate page. If you do not know every term for a transaction, fill in the form with as many fields for which you know the answer — the Claims Administrator will attempt to fill in any blanks, but may reject the claim if it is unable to. An example for how to fill out the form for a plain -vanilla swap is: Defendant Paying LIBOR Maturity/ Effective Date Cancellation Date (Month/DaylYear) (Month/Day/Year) UBS AG 9/10/06 9/10/21 Tenor and Currency of LIBOR 3 -Month USD LIBOR Frequency Notional of LIBOR Amount Payment Periods $20 Million Quarterly Non -Standard Terms Actual/360 N146950N Page 2 of 6 P169 1111111111111111111111 hill 111 11 11111 11111 11 111 11111 1111 11 11 * 0 1 2 3 4 5 6 7 8 9 PART II: SCHEDULE OF U.S. DOLLAR LIBOR -BASED INSTRUMENTS A. SWAPS AND FORWARD RATE AGREEMENTS (Interest Rate Swaps, Amortizing Swaps, Basis Swaps, Asset Swaps, Inflation Swaps, Total Return Swaps, Currency Swaps) Maturity/ Defendant Effective Date Cancellation Date' Paying LIBOR (Month/Day/Year) (Month/Day/Year) Tenor and Currency of LIBOR' Notional Amount 7 Frequency of LIBOR Non -Standard Payment Periods Terms' IF YOU NEED ADDITIONAL SPACE TO LIST YOUR TRANSACTIONS, PHOTOCOPY THIS PAGE. ' For each swap, only complete this chart for the leg of the swap where you received LIBOR -based payments from a Defendant, with the exception of basis swaps (see below). For amortizing swaps, you must list initial notional amount and provide a schedule of the amortization, reflecting the notional amount for each payment period. For forward rate swaps, list the LIBOR payment date in the Start date, and leave "End date and "Frequency' fields blank. For basis swaps, where both legs are tied to LIBOR, list the terms of both legs of the swap in consecutive lines, indicating for which one you are paying and receiving LIBOR -based payments. For forward rate agreement, list the LIBOR payment date in the Start date, and leave °End date' and "Frequency' fields blank. Furtherdefinitions for each of these instruments can be found in the Notice, available on the website. 2 If the transaction was cancelled before the maturity date, list the cancellation date not the maturity date. ' If any multiplier is applied to the LIBOR -based payments (e.g., 66% of 3 -month LIBOR), or spread (e.g., 8 basis points added to 3 -month LIBOR), include that in this column. • The following standard terms will be used unless otherwise indicated here. The standard °Accrual Convention" (which measures the length of the accrual period) is actual/360 (meaning the actual number of days in the interest accrual period is divided by 360 to calculate payments). The standard °lookback days° (which is the gap between LIBOR fixing date and rate effective date) Is 2 days. The standard date convention is modified following, and the standard holiday calendar is New York and London. The standard compounding is flat. Page 3 of 6 P170 1111111111111111111111 1110 11111 11111 11111 11111 11111 1111 1111 * 0 1 2 3 4 5 6 7 8 9* PART II: SCHEDULE OF U.S. DOLLAR LIBOR -BASED INSTRUMENTS B. BONDS AND FLOATING RATE NOTES Defendant Paying LIBOR' Issue/ Purchase Date' (Month/Day/ Year) Maturity/ Call/Sale Date' (Month/Day/ Year) Tenor and Currency of LIBOR' Frequency of LIBOR Payment Periods Amount (in $) Non -Standard ISINICUSIP Terms' IF YOU NEED ADDITIONAL SPACE TO LIST YOUR TRANSACTIONS, PHOTOCOPY THIS PAGE. 5 If you purchased the instrument from a non -panel bank, indicate the name of the seller as well as the defendant paying LIBOR. ' If you purchased the instrument after it issued, please enter both the issue date and purchase date. ' If you sold the instrument or it was called before it matured, use the earlier of the maturity, call and sale date. 8 If any multiplier is applied to the LIBOR -based payments (e.g., 66% of 3 -month LIBOR), or spread (e.g., 8 basis points added to 3 -month LIBOR), include that in this column. ' The following standard terms will be used unless otherwise indicated here. The standard 'Accrual Convention' (which measures the length of the accrual•period) is actuaV360 (meaning the actual number of days in the interest accrual period is divided by 360 to calculate payments). The standard 'lookback days' (which is the gap between LIBOR fixing date and rate effective date) is 2 days. The standard date convention is modified following, and the standard holiday calendar is New York and London. The standard compounding is flat Page 4 of 6 P171 1111111 IIIII 11111111111111111111111111111111111111111111 III I * 0 1 2 3 4 5 6 7 8 9 or PART III: SUBMISSION TO JURISDICTION OF COURT AND ACKNOWLEDGMENTS I (We) submit this Proof of Claim form under the terms of the Distribution Plan of Net Settlement Fund described in the Notice. I (We) also submit to the jurisdiction of the United States District Court for the Southern District of New York (the "Court"), with respect to my (our) claim as a Class Member and for purposes of enforcing the releases set forth herein. I (We) further acknowledge that I (we) will be bound by the terms of any judgment entered in connection with the Settlement in the Action, including the releases set forth therein. I (We) agree to furnish additional information to the Settlement Administrator to support this claim, such as additional documentation for transactions in U.S. Dollar LIBOR -Based Instruments, if required to do so. I (We) have not submitted any other claim covering the same holdings of U.S. Dollar LIBOR -Based Instruments during the Class Period and know of no other person having done so on my (our) behalf. PART IV. RELEASES AND WARRANTIES 1. I (We) hereby acknowledge that we have read and agree to the terms of the Releases set forth in the Settlement. 2. I (We) hereby warrant and represent that I am (we are) a Class Member as defined in the Notices, that I am (we are) not one of the "Released Parties" as defined in the Settlement, and that I (we) believe I am (we are) eligible to receive a distribution from the Net Settlement Fund under the terms and conditions of the Distribution Plan. 3. I (WE) UNDERSTAND AND INTEND THAT THE SIGNATURE BELOW REGARDING CERTAIN INFORMATION FOR THE INTERNAL REVENUE SERVICE CONCERNING BACKUP WITHHOLDING ALSO SERVES AS THE SIGNATURE VERIFYING THE INFORMATION AND REPRESENTATIONS IN THIS PROOF OF CLAIM. 4. This release shall be of no force or effect unless and until the Court approves the Settlements and it becomes effective on the Effective Date. 5. I (We) hereby warrant and represent that I (we) have not assigned or transferred or purported to assign or transfer, voluntarily or involuntarily, any matter released pursuant to this release or any other part or portion thereof. PART V. CERTIFICATION Enter TIN on the appropriate line. • For sole proprietors, you must show your individual name, but you may also enter your business or "doing business as" name. You may enter either your SSN or your Employer Identification Number ("EIN"). For other entities, it is your EIN. Social Security No. (for individuals) I I or Employer Identification Number If you are exempt from backup withholding, enter your current TIN above and write "exempt" on the following line: UNDER THE PENALTY OF PERJURY, I (WE) CERTIFY THAT: 1. The number shown on this form is my current TIN; and 2. I (We) certify that I am (we are) NOT subject to backup withholding under the provisions of Section 3406(a)(1)(C) of the Internal Revenue Code because: (a) I am (we are) exempt from backup withholding; or (b) I (we) have not been notified by the Internal Revenue Service that I am (we are) subject to backup withholding as a result of a failure to report all interest or dividends; or (c) the Internal Revenue Service has notified me (us) that I am (we are) no longer subject to backup withholding. NOTE: If you have been notified by the Internal Revenue Service that you are subje ` to backup withholding, please strike out the language that you are not subject to backup withholding in the certification above. Page 5 of 6 P172 1IIII 1101 2 II VIII 11111113 V6 5 6 7 III VIII VIIIVIIIVIII8 9IIIIIIII * The Internal Revenue Service does not require your consent to any provision other than the certification required to avoid backup withholding. I (We) declare under penalty of perjury under the laws of the United States of America that all of the foregoing information supplied on this Proof of Claim by the undersigned is true and correct. Executed this day of , 20 in (City) Signature of Claimant (State/Country) Type or print name of Claimant Signature of Joint Claimant Type or print name of Joint Claimant Signature of person signing on behalf of Claimant Type or print name of person signing on behalf of Claimant Capacity of person signing on behalf of Claimant Reminder Checklist: 1. Please sign the above release and declaration. 2. If this Proof of Claim and Release form is being made on behalf of Joint Claimants, then both must sign. 3. DO NOT USE HIGHLIGHTER ON THE PROOF OF CLAIM FORM. 4. Keep a copy of your Proof of Claim form and all documentation submitted for your records. 5. If you move after submitting this Proof of Claim, please send your new address to the Claims Administrator at the address below: U.S. Dollar LIBOR Settlement P.O. Box 2602 Faribault, MN 55021-9602 Email: info@BarclaysLiborSettlement.com Page 6 of 6 P173 14.. What am Igiving.a ;tostay•in.the'class? Unless you exclude yourself from the Settlement, you will give up your right to sue Barclays for the claims being resolved by this Settlement. The specific claims you are giving up against Barclays and all related parties are described in paragraphs 2(ff)-(hh) and 8(b) of the Settlement Agreement. You will be "releasing" Barclays and all related people as described in the Settlement Agreement. The released claims do not, however, include the following: • Certain claims that are subject of the October 7, 2014 Settlement between Barclays and the Exchange -Based Plaintiffs; • Claims under foreign law that relate to transactions outside the U.S.; • Claims to enforce any of the terms of the Settlement Agreement in this case; or • Claims that relate to or are from the purchase of non -U.S. Dollar LIBOR -based instruments or any other claims that do not arise out of the factual predicate of the OTC Action. Notwithstanding the foregoing, persons or entities that only purchased bonds issued by entities other than U.S. Dollar LIBOR Panel Banks are not members of this Settlement Class. Further, claims which are alleged in the Bondholder Plaintiff Action (Case No. 12 CY 1025 (NRB)) concerning U.S. Dollar LIBOR -Based Debt Securities are not released by the OTC Settlement. Thus, any claim based on a U.S. Dollar LIBOR - Based Debt Security may be asserted only against the Bondholder Settlement (and not the OTC Settlement), and will only be released pursuant to the Bondholder Settlement. Likewise, any claim based on a debt security tied to U.S. Dollar LIBOR that was issued by a Defendant (or a Defendant's subsidiary or affiliate) as obligor and was purchased directly from a Defendant (or a Defendant's subsidiary or affiliate) may be asserted only against the OTC Settlement (and not the Bondholder Settlement), and will only be released pursuant to the OTC Settlement.. Any OTC Class Member who is also a member of the class alleged in the Bondholder Plaintiff Action will be entitled to assert claims to share in the settlement pAilk established in both actions in accordance with the limitations set forth above:: Similarly, any member of the class in the Bondholder Plaintiff Action who is also a member of the OTC Class will be entitled to assert claims to share in both settlement funds in accordance with the limitations set forth above. In addition, claims concerning U.S. Dollar LIBOR -Based Instruments purchased from one or more Non - Defendant OTC Financial Institutions1 which are alleged in 33-35 Green Pond Road Assocs. LLC v. Bank of America Corp., et al. (Case No. 12 CV 5822 (NRB)) and Courtyard at Amwell Il, LLC, et al. v. Bank of America Corp., et al. (Case No. 12 CV 6693 (NRB)) class actions (collectively the "Non -Defendant OTC Action") are not released by the OTC Settlement. Accordingly, any OTC Class Member who is also a member of the class alleged in the Non -Defendant OTC Action will be entitled to assert claims to share in any settlement funds established in both actions. Similarly, any member of the class in the Non -Defendant OTC Action who is also a member of the OTC Class will be entitled to assert claims to share in any settlement funds established in both actions. Thus, a person or entity who purchased U.S. Dollar LIBOR - Based Instruments from Non -Defendant OTC Financial Institutions and also purchased U.S. Dollar LIBOR - Based Instruments directly from a Defendant (or subsidiary or affiliate of a Defendant) will be legally entitled to assert a claim to share in any Non -Defendant OTC Settlement with Barclays based on purchases of U.S. Dollar LIBOR -Based Instruments from Non -Defendant OTC Financial Institutions, and will also be legally entitled to assert a claim to share in the OTC Settlement based on U.S. Dollar LIBOR Based 1 The "Non -Defendant OTC Financial Institutions" are Wells Fargo & Company; Goldman Sachs Group, Inc.; Morgan Stanley; Metlife, Inc.; U.S. Bancorp; The PNC Financial Services Group, Inc.; The Bank of New York Mellon Corporation; Capital One Financial Corporation; Ally Financial Inc.; Suntrust Banks, Inc.; BB&T Corporation; TD Bank US Holding Company; State Street Corporation; Citizens Financial Group, Inc.; American Express Company; Regions Financial Corporation; Fifth Third Bancorp; Keycorp Cleveland; Unionbancal Corporation; Northern Trust Corporation; Bancwest Corporation; M&T Bank Corporation; Harris Financial Corporation; BBVA USA Bancshares, Inc., as well as any of their subsidiaries or affiliates. QUESTIONS? CALL 1-888- 568-7640 OR VISIT WWW.BARCLAYSLIBORSETTLEMENT.COM -7- P174 Instruments purchased directly from a Defendant (or subsidiary or affiliate of a Defendant), but will not be legally entitled to assert a claim to share in the OTC Settlement based on purchases of U.S. Dollar LIBOR - Based Instruments from Non -Defendant OTC Financial Institutions. The Settlement Agreement available at www.BarclaysLiborSettlement.com describes the released claims with specific descriptions, so read it carefully. If you have any questions, you can talk to the law firms listed in Question 20 for free or you can, of course, talk to your own lawyer about what this means. HOW TO RECEIVE A PAYMENT To ask for a payment, you will need to complete and submit a Proof of Claim by December 21, 2017. Claims may be submitted online at www.BarclaysLiborSettlement.com. If you submit a Proof of Claim with your contact information, you will receive future notifications containing additional important information, including with respect to any future Settlements. You may also download and mail your completed Proof of Claim to: U.S. Dollar LIBOR Settlement P.O. Box 2602 Faribault, MN 55021-9602 The Settlement provides a process for Class Members to contest the rejection of a claim. You will get further details in the letter you receive after your claim has been processed. If your claim is rejected, you may renuest a ri w. You will need to do so in writing and submit reasons for why you are contesting the rejection along with any supporting documentation. If your dispute cannot be resolved, it may be presented to the Court for review. The Court's decision will be final and binding. More details are in a document called the Settlement Agreement, which is available at www.BarclaysLiborSettlement.com. EXCLUDING YOURSELF FROM THE SETTLEMENT If you don't want a payment/benefits from this Settlement, and you want to keep the right to sue Barclays about the issues in this case, then you must take steps to get out of the Settlement. This is called excluding yourself—or it is sometimes referred to as "opting out" of the Class. To exclude yourself from the Settlement, you must mail a letter or other written document to the Settlement Administrator. To exclude yourself from the Class, you must file a timely written request for exclusion ("Request for Exclusion"). A Request for Exclusion must: • Be in writing; • Be signed by you or your authorized representative; • State your name, address, and phone number; • Include (1) proof of membership in the Class and (2) a signed statement that "Uwe hereby request that Uwe be excluded from the proposed OTC Class in the In re LIBOR -Based Financial Instruments Antitrust Litigation, MDL No. 2262"; QUESTIONS? CALL 1-888- 568-7640 OR VISIT WWW.BARCLAYSLIBORSETTLEMENT.COM -8- P175 • Be mailed to the Claims Administrator at the address provided below and postmarked no later than October 9, 2017. You must also provide any other information reasonably requested by the Claims Administrator. You must mail your Request for Exclusion, postmarked no later than October 9, 2017, to: U.S. Dollar LIBOR Settlement P.O. Box 2602 Faribault, MN 55021-9602 t -' m,e sMje.Onrit6ifoi l :e sa�i� thaiig la��i:?_ No. Unless you exclude yourself, you give up the right to sue Barclays for the claims that you release through this Settlement. No. You will not get a.payment if you exclude yourself from this Settlement. THE LAWYERS REPRESENTING YOU , ,•v J3 v� ;Vv;t. e The Court has appointed two law firms — Susman Godfrey LLP and Hausfeld LLP — to represent all OTC Class Members as interim "Class Counsel." They can be contacted at: William C. Carmody Susman Godfrey LLP 1301 Avenue of the Americas, 32nd Floor New York, NY 10019 Michael D. Hausfeld Hausfeld LLP 1700 K Street NW, Suite 650 Washington, DC 20006 7: You will not be charged for contacting these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense. gym Class Counsel will ask the Court for attorneys' fees up to one-third of the $120 million Settlement Fund as well as reimbursement for costs and expenses. The fees and expenses awarded by the Court will be paid out of the Settlement Fund. The Court will decide the amount of fees to award. Class Counsel will also request that special service payments of up to $25,000 each be paid from the Settlement Fund to the Class Representatives for their service as representatives on behalf of the whole Class. OBJECTING TO THE SETTLEMENT If you are a member of the OTC Class, you can object to the Settlement if you don't like some part of it. To object, you must submit a letter or other written document that includes the following: QUESTIONS? CALL 1-888- 568-7640 OR vlsrr WWW.BARCLAYSLIBORSETTLEMENT.COM -9- P176 • Your name, address, and telephone number; • A statement saying that you object to the Settlement in In re LIBOR -Based Financial Instruments Antitrust Litigation, MDL No. 2262; • Whether you plan to appear at the Fairness Hearing (see Question 25); • Proof of membership in the Class, including documentation evidencing the purchase of a U.S. Dollar LIBOR -Based Instrument during the Class Period (August 2007 and May 2010); • The specific reasons you object to the Settlement, along with any supporting materials or documents that you want the Court to consider; and • Your signature. The objection must be mailed to the three addresses listed below with a postmark no later than October 9, 2017. Note: You may mail it to the Court, but it must be received by the Court and filed by that date. COURT _ CG. a i sfs r'` :s At'8'A "s';CbuNki: Hon. Naomi Reice Buchwald Daniel Patrick Moynihan United States Courthouse 500 Pearl St. New York, NY 10007 William C: Carmody Susman Godfrey LLP 1301 Avenue of the Americas, 32nd Floor N.ew.York,.NY 10019 Matthew Porpora Sullivan & Cromwell LLP 125 Broad Street New York, NY 10004 If your objection is not postmarked by the deadline and does not include the information listed above, it will nofbe valid. :is�tt� r c €i `epr Ti Ve o. ' Oftna__ R3MAk* Obj�: Y.g is b":=_i:J tellir^ the Court that you don't like something about the Settlement. You can object only if you don't exclude yourself from the Class. Excluding yourself is telling the Court that you don't want to be part of the Class. If you exclude yourself, you have no basis to object because the Settlement no longer affects you. . THE FAIRNESS HEARING The Court will hold a bearing to decide whether to approve the Settlement and any requests for fees and expenses. You may attend and you may ask to speak, but you do not have to, The Court will hold a Fairness Hearing at 10:30 a.m. on October 23, 2017, at the Daniel. Patrick Moynihan United States Courthouse, Southern District of New York, 500 Pearl St., New York, NY 10007, Courtroom 21A. The hearing may be moved to a different location or time.without additional notice, so it is a good idea to check www.BarclaysLiborSettlement.com or call 1-888-568-7640. At this hearing, the Court will consider whether the Settlement, Plan of Allocation, and any proposed fees and expenses are fair, reasonable, and adequate. If there are objections, the Court will consider them and will listen to people who have asked to speak at the hearing. The Court may also decide how much to pay Class Counsel. After the hearing, the Court will decide whether to approve the Settlement. We do not know how long these decisions will take. QUESTIONS? CALL 1-888-568-7640 OR VISIT WWW.BARCLAYSLIBORSEI- LEMENT.COM P177 No. Class Counsel will answer questions the Court may have. But, you or your own lawyer are welcome to attend at your expense. If you send an objection, you do not have to come to Court to talk about it. As long as you mailed your written objection on time, the Court will consider it. You may also have your own lawyer attend, but it is not necessary. • 26,:eNtoy 1:.$1/0*-ifiAOS4alie You may ask the Court for permission to speak at the Fairness Hearing.,:- To speak at the Fairness Hearing, you must send a letter or other written document saying that the letter or document is your "Notice of Intention to Appear" in In re LIBOR -Based Financial Instruments Antitrust Litigation, MDL No. 2262. Be sure to include your name, address, telephone number, and your signature. You must send your "Notice of Intention to Appear" to the addresses listed in Question 22, so it is _postmarked no later than October 9, 2017. • Pg7TING IVIQRE _INFORMATION This notice summarizes the proposed Settlement. More details are in the Settlement Agreement. You can get a copy of the Settlement Agreement at www.BarclaysLiborSettlement.com. You also may write with questions to U.S. Dollar LIBOR, P.O. Box 2602, Faribault, MN 55021-9602, or email info@BarclaysLiborSettlement.com, or call the toll-free number, 1-888-568-7640. You can also get a Proof of Claim at the website or by calling the toll-free number, 1-888-568-7640. QUESTIONS? CALL 1-888-568-7640 OR VISIT WWW.BARCLAYSLIBORSETTLEMENT.COM - 11 - P178 VU ISUA LOUL FARIBAULT MN 55021-9602 IMPORTANT LEGAL MATERIALS IO�IIf9 1111111111111111111111111 ININV1111MIIII INDIAN RIVER COUNTY OFFICES MR WILLIAM G COLLINS CHIEF LEGAL COUNSEL 1801 27TH ST BLDG A VERO BEACH .FL 32960 i��l'1111"'1111,Illtl�'i�'Illli�lllllil��lt�ltllilllll�I�Ih11L e PRESORTED FIRST-CLASS MAIL U.S. POSTAGE PAID Rust Consulting, Inc -UAA 000013891 P179 8N INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator THROUGH: Stan Boling, AICP; Community Development Director FROM: John W. McCoy, AICP; Chief, Current Development DATE: August 14, 2017 SUBJECT: Thomas F. Scott's Request for Extension of Site Plan Approval for an Assisted Living Facility Development to be Known as Reflections ALF (SP -MA -15-11-32 / 2003070312) It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of September 12, 2017. DESCRIPTION & CONDITIONS On October 22, 2015, the Planning and Zoning Commission granted major site plan approval to construct a 98 unit (125 beds) adult living facility (ALF) / adult congregate living facility (ACLF) development on a 6.80 acre commercial site located on the east side of US 1 near Schumann Drive, adjacent to the Reflections on the River condominium development. Currently, the site plan approval expiration date is October 22, 2017. On July 27, 2017, Thomas F. Scott, the project applicant, filed a request to extend the site plan approval expiration date for 90 days for a new expiration date of January 20, 2018. Mr. Scott states that construction activities have been delayed due to financing issues and obtaining jurisdictional permits (see attachment #1). The Board is now to consider the 90 day site plan approval extension request. ANALYSIS Although minor amendments have been made to the LDRs since the project site plan was initially reviewed and approved, the Technical Review Committee (TRC) members agree that the amendments are not significant enough to require revisions or redesign of the project. Accordingly, all TRC members have reviewed and approved the extension request. As allowed under provisions of the LDRs, the developer is requesting a 90 day extension of the site plan approval expiration date, which is less than the maximum 1 year allowed. For the project to proceed, construction must commence prior to the site plan approval expiration date. Pursuant to Chapter 914 of the LDRs, the Board of County Commissioners may deny, approve, or approve with C:\Users\GRANIC—I \AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@F805238E\@BCL@F805238E.rtf 1 P180 conditions the requested site plan extension. Staff has no objections to the Board granting the request since the site plan conforms to existing LDR requirements. Granting the request will provide a total application approval timeframe of 2 years and 90 days with a new site plan approval expiration date of January 20, 2018. RECOMMENDATION Staff recommends that the Board of County Commissioners approve Thomas F. Scott's request for a 90 day extension of the site plan approval for the Reflections ALF development with all original approval conditions to remain in effect. The new site plan approval expiration date shall be January 20, 2018. Attachments: 1. Request Letter 2. Location Map 3. Site Plan 4. List of Approval Conditions C:\Users\GRANIC-1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@F805238E\@BCL@F805238E.rtf 2 P181 Community Development Department Mr. Stan Boling Director 1801 27th Street Vero Beach Florida 32960 REFCTTNS ON THE RIVER ' -. 2017 {; July 26, 2017 RE: Reflections ALF Major Site Plan (2003070312-75272 / SP -MA -15-11-32) Dear Mr. Boling I am writing this letter requesting an extension of 90 days of our site plan approval dated October 22, 2015, with an expiration date of October 22, 2017. We are in the process of completing our application for financing, and gathering the balance of all requirements for the site plan approval. We had our first meeting with the Indian River County Building and Fire Department, with a complete set of building plans, for a heads up on the plans. Sincerely TI omas F. Scott (mm) Reflections PO Box 651249 Vero Beach FL. 32965 1-772-696-1651 liscott41@att.net tivagottv 1 P182 !ete 4t. f. rs f g -a . • Cill +- ,, ....... r...,,, ...,.., u r.— i 0 Za . . =a • .-"::_... _J ..-.1 1.4Y4S-r`-..-:- .,..-' — I P.P - vio i t°c. ' '. co "ao. ii cuat'r: . : if, .1 • ,,,...0, P183 et -D gan ozs P184 -vndok, 049A_, . r sa Mor 4tpo�j Suzy palstssy suon3al a� 7F� till 1 October 2.7, 2015 :..! 1 --.., .. . — r, _. ",....!t;,,-;-%- i:. ,)E.1 --r. ;-•,,.•' ,..... c. - • ... J.,,,r-- ,.- - i • RillltrAINI RIV.M. CO UNTY.. 9.. %, • '. r-. liti r'0.1021/TUNITY DEVELOPYMNIT DEPA',..RTMENT f.$1;.•.‘,...:, , / jo;a.--. 1801 27th Street Vero Beach FL 32960 — ... .- 772-226-1237 / 772-978-1806 hut www.ingenkcom David L. Phillips, P.E. Sustainable Engineering & Design, LLC 136 34 Dogwood Drive Fayetteville AR 7274 RE: Reflections ALF Major Site Pian j2003070312-75272 SP -MA -15-11-32I Dew Mr. Phillips: .At its .meeting of October 22, 2015, the Plarming and Zoning Commission granted re -approval 'nal" site plan approval for ttie referenced project. 11T reapproval supersedes previously approved SP -MA -12-08-18 and AA -14-66-70. This action approves the major site plan for an adult. Jiving facility (ALF), also known as an adult congregate living facility (ACLF) with 9g units (125 heels), to be located on the east side of US1 near Schumann Drive, adjacent to the Reflections on the River C.:011d0Mi111U121 development, with the following conditions: Prior to site plan release, the applicant shall submit all requir.-c, I jurisdictional permits to planning staff; which include the following: a. Indian River County Inital/Final Conertmcy b. Indian River County Stormwater Type "B" -Permit c. Indian River County Right-of-way Permit d. Indian River County Land Clearing Permit e. Indian River County Tree Removal Permit f. Indian River County Utility Permit g. ELIRWivED ERP General Modification Permit. ;1. FDEP Domestic Wastewater Permit i. FD01' General Use Pemait j. FDO'r Drainage Permit k. FDOT Utillty Permit- ]. FIX.iT Driveway Connection Permit 2. Prior to issuance of a land clearing and tee removal permit, the applicant shah submit to ib county finids for fee -in -lieu of tree mitigation. Monti:nu:ray DcvelopmentCarD441)&2120151RefiecdonsAISPZCApp.dcw airTMIIMENT P186 3. Prior to site plan release, the applicant shall: a. Obtain written approval from Public Works for the consulted= access points). b. Record a Iruty of title acceptable to county zbfr: 4. Prior m the issuance of a certificate of occupancy (C.O.): a. All requ ed landscape buffers and opaque furs shall be installed. h. The US1 non lane iruepmvements hall be completed. c. The sidewcik along the site's US1 frontage %hall be maintained, repaired, or epl? ced as ddermaiert. by Public Works. d. The app licat abet! demonstrate to county staff oumpliance with Slee z gulatiors -For the ALF use. 5.. There shall be no increase over 12.5 residents/l:eds unless special exception use approval is matted for an ±ease, 5. Avy change is the project ate, of development from what is presented in the subject site pian agpiication thall require a site plan mo i icati.on, soli the applicant shall comply with ail county LDks related to the size of the property. 7, Proj ct constriction must follow County construction hours regwations under 974.04(2): (2) Conavact,on agia ipment and aceitiir it shah be uniawfc i to operate tiny equipment or perform any outside construction er repair work ;m bandirgs, eructates, roads, or projects within the county between the hours of 5:03 pan. and 5:00 a.m. unless an admri strat+vc approval as set forth in section. 974.07 for su of construction or repair work between such hours has been obtained from Indian River County on the basis of good cause shown. Please be advised that site plan approval shall terminate and become cull and void without notice if constrwtion has not commenced within 24 months from the date of approval. Site plan approval may be extended one tme only for good cause by the Board of County Commissioners for a period not to exceed 12 months. Construction shill be considered abandoned and site plan approval shall be ftnninated if a good faith effort w proceed with the completion: of the project has ont occurred for a ccuth<unua resod of 5 months. 3e advised that the Planning D.Zvision may request that a Code Enforcement Officer will : onduact periodic site inspections to ensure the project is being completed in accordance with the approved site plan. Prior to obtaining a certificate of occupancy for this prom, the applicant shall schedule- a final raspeet~on t;rough the planning division by foilowing the attach d procedural chei±list. If 1 may provide any further est, please contact me at 772-226-1235 or jmcaa y@ircgov.com. F!.Ceranwiity Det o4:mmtICtili edtiE'IrZl20[S1 tsAlr-PZCAvp.dno MUM& 4 P187 /din W. McCoy, MCP Chief, Current Development Attachment: C.O. Procedure Checklist f;e: Stan 13oling, ATCP (via e -mal) Roland M. DeBlois, AICP (via e-mail) Cinis Mora, ?.E. (via e-mail) %eh Ezpyilca, P.E. (Via e -mai) Vincent Burke (via e-mail) ArjW2P, Weragoda (Via e -mai!.) John King (via. e-raail) David Hays, P.E. (via 6 -mail) Todd Tardif (via e-mail) .Terirsie. aresett (via e -nail) Jesse Roland (yia Environmental Health (via e-mail) Jesse Hobbs (via e-mail) Tom St•-ott (via e-mail) Reflection Holding Co., Li..0 (via e-mail) Joseph Paladin (via e-mail) Ton Cook. (via e-mail) Bob Ashcroft (1T:9, Mail) Thomas Tierney (via einail) Todd Howder (via e-mail) David Klein (via e-mail) Bill Del3kzafti, Deputy Comity A.noraey (via e-mail) F .Communfty DevekvatcntlCuriinkPtir2120151ReftectiansAISIMCApp.doc 3 AttlECI? 4 P188 CONSENT INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Honorable Board of County Commissioners THROUGH: Jason Brown, County Administrator THROUGH: John King, Director Department of Emergency Services FROM: Maria Resto, Radiological Emergency Analyst/Radio System Manager DATE: August 21, 2017 SUBJECT: Approval of Extension of FX Software Agreement It is respectfully requested that the information contained herein be given formal consideration by the Board of County Commissioners at the next scheduled meeting. DESCRIPTION AND CONDITIONS: On September 10, 2013, the Board of County Commissioners approved the bid purchase (Bid # 2014001) of the annual software services (FX Software) from Harris Inc. for the 800 MHz Public Safety Radio System. The FX Software provides enhancements and corrections to public safety Enhanced Digital Access Communication System (EDACS) backbone and radio components. It also assures the County that any new generation radios, hand-held or mobile units, would seamlessly integrate into our communication network. The signed agreement includes provisions for one (1) year extensions as agreed upon parties. Harris has agreed to extend the price, terms, and conditions for another year. FUNDING: The FX Software is a budgeted expense and funds are available in the 001-107 (Communications/Emergency Services) account. Account Number Agreement Amount 00110719-035120 30,000.00 RECOMMENDATION: Staff recommends the Board authorize a one (1) year extension to the FX Software Agreement. ATTACHMENT: 1. Two (2) Original Copies of Amended Agreement between Indian River County and M/A- COM Inc. 2. FX Software Agreement 2017-2018 Quote P189 July 25, 2017 HARRIS CORPORATION RF Communications 221 Jefferson Ridge parkway Lynchburg, VA USA 24501 phone 800 368-3277 httpituvww.dcornrn.harrts.com/publicsafetyr Extension of EDACS FX Agreement This Modification authorizes the extension to the EDACS FX Agreement executed between Indian River County, FL, the Subscriber, and Harris Corporation (formerly M/A-Com, Inc.), the Seller, dated 10/31/97. This term of this extension shall begin on August 1, 2017 and expire on July 31, 2018. EDACS Software FX Services-1Year SSSV1F $30,000.00 Subscriber agrees to an extension of the existing EDACS FX Services Agreement for a one (1) year term, based on the payment terms agreed to by Subscriber and Seller or its EDACS Reseller/EDACS Strategic Integrator. Upon expiration, the Subscriber may request and additional extension, which will be agreed upon by both parties at that time. The terms and conditions of the above-mentioned Agreement remain in effect except as modified herein. By: W ` ‘0 By; Repr. - ntativ for Harris Corporation Representative for Indian River County Date: 7--072-/7 Date: assuredcommunications' P190 0 COMMUNICATIONS INTERNATIONAL An Employee Own .O Company Communications International 4450 US Highway 1 VERO BEACH, FL 32967 Customer (Bill to) IRC Emergency Services - EOC Emergency Services Dept Radio Systems Manager 4225 43rd Avenue VERO BEACH, FL 32967 Project quotation confirmation Description FX agreement for period of August 1st, 2017 to July 18th, 2018 Quotation Description Une Item Page Quotation Number Date Expiration Date. Terms of Payment Customer Contact Customer PO .Salesperson Quotation.Name 1 of 1 Q00001142 08/18/2017 09/17/2017 N30 Jeffery L Willingham IRC Emergency Services EOC Customer Site (Delivery address) IRC Emergency Services - EOC Emergency Services Dept Radio Systems Manager 4225 43rd Avenue VERO BEACH, FL 32967 Quantity Unit Price Discount Discount Extended Percent Amount Price Item Annual Software Services Small SSSVi F Mutti-Site By signing this quotation and/or submitting a purchase order pursuant to this quotation_ you acknowledge that you have read and agree to be bound by Communications International, Inc.'s terms and conditions of sale, service, and technical support. Orders may be subject to shipping & handling charges. All warranties are manufacturer's warranties. Terms and Conditions: www.ask4ci.cbmftermsconditions 1.00 30,000.00 0.00 Sales subtotal amount Sales tax amount 0.00 30,000.00 Net amount 30,000.00 • 0.00 Order Acceptance - Please sign below Printed Name Signature Date 30,000.00 P191 CONSENT INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Honorable Board of County Commissioners THROUGH: Jason E. Brown, County Administrator THROUGH: John King, Director Department of Emergency Services FROM: Erin Baskins, Staff Assistant IV Department of Emergency Services DATE: August 22, 2017 SUBJECT: Invitation from John's Island Golf Club for Staff to Participate in a "Public Safety Day" Golf Outing It is respectfully requested that the information contained herein be given formal consideration by the Board of County Commissioners at the next scheduled meeting. DESCRIPTION AND CONDITIONS: John's Island Club General Manager, Brian Kroh, has extended an invitation to the Emergency Services staff to attend the annual "Public Safety Day" scheduled for October 15, 2017. The inaugural golf outing was an expression of appreciation for assistance in suppressing a fire at John's Island West Clubhouse in 1990. Since that time, John's Island Club sponsors an annual public safety day for all county and municipal public safety agencies, including paramedics, firefighters, law enforcement officers, dispatchers, and administrative staff. Chapter 104.06 (5)(b)(8) of the County Code allows units of the county employees to participate in "Local outings...with prior approval of the Board of County Commissioners..." Emergency Services employees have participated in the annual outings for many years after receiving approval from the Board. FUNDING: There are no funding requirements for this item. RECOMMENDATION: Staff respectfully requests favorable consideration by the Board regarding the invitation from John's Island Club for Emergency Services staff to participate in the golf outing. ATTACHMENTS: 1. Invitation letter dated August 18, 2017, from Brian Kroh, Johns Island Club General Manager P192 john's island club Brian R. Kroh General Manager August 18, 2017 Mr. John King Director, Department of Emergency Services Indian River County EMS Office 4225 43rd Avenue Vero Beach, Florida 32967 Dear Mr. Kin!: John's Island Club cordially invites you and your Indian River County staff to the 24th complimentary "Public Safety Day" golf outing_ on Sunday, October 15, 2017. The event consists of an 18 -hole scramble tournament on our North or South golf course, followed by lunch at the Golf clubhouse. Because of the event's enormous popularity, we respectfully request that you limit participation to actual employees within your Indian River County Public Safety organization (i.e., no spouses or guests). Please email or call the John's Island Club Golf Shop at golfajohnsislandclub.org or 231-8615 as soon as possible with the names of all those in your organization who want to participate, so we may plan accordingly. If you have specific pairing requests, please note them while registering. All other players will be randomly paired. The golf outing_ is a shotgun start at 9:00 a.m., so please remind all participants to be at the Golf clubhouse no later than 8:30 a.m. Additionally, your help in making your staff aware of the enclosed guidelines regarding golf course dress code, use of the golf carts, care of the course, and pace of play is greatly appreciated. Brian R. Kroh General Manager 3,/olur 's Island Drive, Indian River Shores, Florida 32963 - (7 2) 231-5500 - lanh john si slandc/irb.oi ' P193 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator THROUGH: Stan Boling, AICP; Community Development Director FROM: Scott McAdam, Building Official DATE: August 14, 2017 SUBJECT: Request to Waive Bid Process for Supplemental Building Inspection Services for Fiscal Year 2017/2018 It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of September 12, 2017. DESCRIPTION & CONDITIONS For the past few years, the County has relied on supplemental building inspection services to handle increased inspection loads even as the County continues to seek hiring an additional inspector. The County does not have existing bid awards with any such companies, and therefore is limited to authorizations of $50,000 per company unless the Board waives the bid process. Last November, the Board waived the bid process for the fiscal year 2016/2017. Because authorizations per company will exceed the $50,000 limit during the 2017/2018 fiscal year, staff is seeking Board approval to waive the bid process for qualified supplemental building inspection service providers for fiscal year 2017/2018. ANALYSIS The Building Department continues to experience a steady increase in permit and inspection activity. This increased demand and the desired level of customer service have created the need for increased inspections which are unable to be met by current staffing. The County has advertised and diligently searched for additional inspectors for the past 24 months, with some success, although a full team of inspectors has not yet been filled. Staff has confirmed that many Florida counties are still in the same difficult hiring situation and some jurisdictions have significant unfilled position vacancies. In fact, supplemental providers have also had difficulty fulfilling demand and it is in the County's interest to have a pool of supplemental providers to use. It is anticipated that the County will need to continue relying on supplemental inspection services during this fiscal year. Accordingly, the County has budgeted $500,000 for such services for fiscal year 2017/2018. C:\Users\GRAN 1C-1 \AppData\Local \Temp\BCL Technologies\easyPDF 7\@BCL@ 1806FF58\@BCL@ 1806FF58.docx P194 The County uses the services of GFA International by piggy -backing off of a contract for inspection services with the Town of Jupiter and will use the services of Calvin, Giordano & Associates by piggy -backing off of a contract for inspection services with the City of Cape Coral. The County also uses the services of MT Causley via a purchase order based on an agreement executed by the Building Division dated March 13, 2014. The agreement was extended by the County (ratified by the Board) through September 30, 2017. The Board now needs to approve various items to ensure that staff can use the services of GFA, MT Causley, Calvin Giordano, and other qualified inspector services. Staff is requesting Board permission to waive the formal bidding process for fiscal year 2017/2018 for MT Causley, GFA International, Calvin, Giordano & Associates, and other qualified supplemental providers as needed. In addition, staff needs the Board to authorize the Purchasing Manager, after approval by the Budget Office, to approve purchase orders and Change Orders for authorized firms up to the available budgeted amount. RECOMMENDATION Staff recommends that the Board waive the bid process requirement for supplemental building inspection services for the 2017/2018 fiscal year; ratify the agreement and amendments with MT Causley; and authorize the Purchasing Manager, after approval by the Budget Office, to approve purchase orders and Change Orders for authorized firms up to the available budgeted amount. ATTACHMENT 1. MT Causley Agreement and Amendments C:\Users\GRAN IC -1 \AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@ 1806FF58\@BCL@ 1806FF58.docx P195 iVi�.s itia CAUSLEY, LLC 13,1 I I. EJ I N G D t F'A 1-t T h.. F 1`J T .. GOVERNEv1ENT/'L SERVICES PROPOSAL August 2, 2017 To: From: Scott P. McAdam, CBO, MCP Building Official Indian River County Phone (772)226-1268 Email: smcadam(c�ircoov,com M.T. Causley, LLC 97 NE 15 Street Homestead, FL 33030 M.T. Causley, hereinafter referred to as "MTC", proposes to supply Supplemental Building Department Services in response to a request from Indian River County, hereinafter referred to as "County". Services: M.T. Causley will provide the County with Supplemental Building Department Service including Florida State licensed plans examiners and inspectors and permit technicians. Services will be provided during the County's designated work schedule. Services can be provided beyond the typical business hours at an additional fee on a cost recovery basis. MTC shall implement and enforce the building codes of the County and shall engage such personnel and equipment as, in its opinion, is deemed adequate for such purposes. Should the County object to the method and manner of the implementation of the codes by MTC, the County shall notify MTC, in writing, specifically identifying areas of inadequacy and MTC shall have thirty (30) days after receipt of the notice to cure such inadequacies. If the inadequacies have not been corrected within the time period provided, the Agency shall be deemed to have breached the contract and the County will have cause to terminate. This agreement shall not authorize the performance of any construction work within the County by persons or organizations not duly licensed. MTC shall not issue a building Page 1 of 7 P196 Indian River County 8.2.17 permit to any contractor, subcontractor, or others for the performance of work in the County who are not properly licensed and authorized to do such work. MTC will not authorize or allow any such development that is in violation of any County, State or Federal law. Term The term of the contract will be for one year, with a two-year renewal option to include a cost of living increase. Compensation MTC shall perform inspections from permits issued at the direction of the County authority and forward those reports to the appropriate person(s) with the findings. The County shall compensate MTC for any activities and meetings relating to the duties herein based on the Rate Sheet, Exhibit A, for all such duties and meetings performed during the County's regular business hours. The County shall compensate MTC for all such duties and meetings occurring other than normal business hours based on the Rate Sheet, Exhibit A. MTC shall provide a statement for services rendered, and a recap of permits issued for each month. The County shall compensate MTC by the 15th of the month following the period of services rendered. Termination: Either the County or MTC may terminate this agreement after six months of the date of this agreement and upon 60 days written notice to the other party of the intention to terminate. At the time of termination, County will compensate MTC for services rendered up to the date of termination. Any notice to the County shall be sent to the Municipal authority directly in charge of inspection procedures. Any notice to the Agency shall be sent to M.T. Causley, Inc., 97 N.E. 15th Street, Homestead FL 33030. Staff: During the term of this agreement, and for a period of one year after termination of this agreement, the County shall not negotiate with or hire any individual who is employed with MTC at the termination of this agreement. The County shall not negotiate with or hire any individual who was employed by MTC during the term of this agreement for at least one year after termination of their employment with MTC. Page 2 of 7 P197 Indian River County 8.2.17 Indemnity MTC agrees to indemnify the County, its employees and agents from and against any and all claims, suits, demands or causes of action, arising out of any act or omission of MTC, and causing injury to any person or persons or property, whomsoever and whatsoever. Correspondingly, the County agrees to indemnify, save and hold harmless MTC from and against any claims, suits, causes of action or expense, arising out of any act or omission of the County or its employees, and causing injury to any person or persons or property, whomsoever and whatsoever, to the extent allowed or permitted by applicable law. MTC agrees to, at all times, at its expense, carry comprehensive general liability insurance in the amount of no less than one million dollars. A certificate of insurance indicating that such. policies are in full force and effect will be supplied to the County. The County agrees to provide to MTC proof of the existence of comprehensive general liability insurance upon request. Right to audit Provider shall maintain adequate records for the Services performed under this Agreement for three (3) years following completion of the Services, or conclusion of any litigation regarding this Agreement. The County shall have the right to audit Provider's books and records, at the County's expense, upon prior notice, with regard to the Services provided to the County hereunder. Failure by Provider to permit such audit shall be grounds for termination of this Agreement by the County. Insurance Provider shall purchase from and maintain, in a company or companies lawfully authorized to do business in Florida, such insurance as will protect the County from claims set forth below which may arise out of or result from performance under this Agreement by Provider, or by a subcontractor of Provider, or by anyone directly or indirectly employed by Provider, or by anyone for whose acts Provider may be liable. The insurance required shall be written for not Tess than the following limits of liability. Coverages shall be maintained without interruption from the effective date of this Agreement until date of final payment and termination of any coverage required to be maintained after final payment. Any liability coverage on claims made basis shall remain effective for five (5) years after final payment. (1) General Liability — coverage in the minimum amounts specified below, and with a maximum deductible of $25,000 per occurrence. Page 3 of 7 P198 Indian River County 8.2.17 (2) General Liability Property Damage $50Q000 per occurrence $1,000,000 aggregate annually $500,000 per occurrence $1,000,000 aggregate annually Automobile Liability $300,000 combined single limit per occurrence (3) Workers' Compensation: Workers' Compensation and Employer's Liability Insurance with limits as required by Chapter 440, Florida Statutes. Certificates of Insurance shall be delivered to County prior to execution of this Agreement. These Certificates shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until a minimum of 10 days prior notice of cancellation for non-payment or 45 days' prior notice of cancellation otherwise. All certificates for general liability coverages shall name the County as an Additional Insured. If any of the foregoing insurance coverages are required to remain in force after final payment, an additional certificate evidencing continuation of such coverage shall be submitted along with the application for final payment. The Provider shall furnish one copy each of Certificates of Insurance for each copy of the Agreement which shall specifically set forth evidence of all insurance coverage required by the Agreement. The Certificate of Insurance shall be dated and show the name of the insured, the specific Project or Agreement by name, the name of the insurer, the number of the policy, its effective date, and its termination date. Misc 1. This Agreement shall be governed by the law of the State of Florida with respect to the interpretation and performance. Any suit brought in connection with this agreement will be brought and maintained in Indian River County, Florida. 2. If any provision of this agreement is held to be invalid or unenforceable for any reason, this agreement shall remain in full force and effect in accordance with its terms, disregarding such unenforceable or invalid provision. 3. This agreement contains the entire understanding of the parties as to the matters contained herein, and it shall not be altered, amended or modified except by a writing executed by the duly authorized agents of both the County and MTC. Page 4 of 7 P199 Indian River County 8.2.17 4. Any failure of a party to enforce the party's rights under any provision of this agreement shall not be construed or act as a waiver of said party's subsequent right to enforce any of the provisions contained herein. 5. The County shall provide for MTC office space, desks, chairs, file cabinets, local phone service and use of photocopier and fax machine for MTC during the term of this agreement. MTC shall be responsible for its Tong -distance phone charges other than those related to Municipal business, office supplies and office equipment necessary for the performance of its responsibilities. The location and size of MTC's office area shall be determined as mutually agreeable to the County. 6. MTC agrees to provide these services commencing the date of this document or as mutually agreeable. 7. Services will be conducted under the County's and all other federal, state and local laws, rules, regulations, directives, codes and ordinances. M.T. Causley will be responsible for: 1. Salaries and related taxes 2. Vacations 3. Continuing education courses 4. Vehicles and all related expenses 5. Telephones, cameras, laptops 6. Benefits including retirement 7. Insurance a. Health Insurance b. Automobile (owned and un -owned) c. Professional Liability, Errors and Omission d. General Liability e. Workman's Compensation Page 5 of 7 P200 Indian River County 8.2.17 IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as of the day and year last executed below. WITNESS INDIAN RIC_COUNTY By: Scott McAdam, CBO, MCP Date: 3(v , 2017 PROVIDER M.T. CAUSLEY, LLC By: Print Name: Michael T. Causley President Date: September 2, 2017 APPROVED AS TO FORiw AND LEGAL UFFIC EN BY Page 6 of 7 WILLIAM K: DEBRAAL DEPUTY COUNTY ATTORNEY P201 Indian River County 8.2.17 • _ D if -71 -71 M. T. CA SLE , LEJC fi 1.1 I I_ I? I N C3 t) I .I'' ,a, H '1' I 1 F N I. G;0V IE I"tNW:Ic N r; I_ sF FrV ICI Fi Exhibit A Rate Sheet For Indian River County August 2, 2017 SERVICE STANDARD HOURLY RATE BEYOND 5 PM AND SATURDAYS* Plans Examiners (on as -needed, on-call basis, excluding natural disaster events) $71 per hour $106.50 per hour Inspectors (on as -needed, on-call basis, excluding natural disaster events) $71 per hour $106.50 per hour Architects and Engineer Services $139 per hour $208.50 per hour 1 Permit Clerk(s) $41 per hour $61.50 per hour In the event of a natural disaster, the County will be provided with licensed, qualified staff to conduct damage assessment services If additional plans examiners and inspectors are required to perform construction plan review and inspection services $73 per hour plus expenses i.e., lodging, travel, and meals , $109.50 per hour plus expenses i.e., lodging, travel, and meals *Services requested for US Federal Recognized Holidays and Sundays will be provided at 2 times the standard hourly rate. Page 7 of 7 P202 Consent Agenda - B.C.C. 9.12.17 Office of 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 (V. --- FROM: Dylan Reingold, County Attorney DATE: August 23, 2017 SUBJECT: JWD Automotive, Inc. d/b/a Napa Auto Care of Cape Coral v. DJM Advisory Group LLC et al. Class Action Lawsuit BACKGROUND. The above -referenced litigation involves the allegation that DJM Advisory Group LLC, Banner Life Insurance Company and William Penn Life Insurance Company of New York sent faxes in violation of the federal Telephone Consumer Protection Act. Indian River County received the attached Notice of Class Action Settlement with Attached Claim Form because an Indian River County fax number was contained in a list of fax numbers to which advertisements were sent. The defendants in this litigation have agreed to make up to $3,500,000.00 available to those who submit proper claims. Class members who received more than one fax and have copies of those faxes will receive $500 per fax. Other class members will receive $500. By September 29, 2017, the Indian River County Board of County Commissioners ("Board") has to decide whether to opt out of the settlement. No action is required in order to stay in the settlement class. If the Board decides to stay in the settlement class, the County will have until October 21, 2017 to file a claim. The Board also has the right to file an objection to the proposed settlement by September 29, 2017. If the Board decides to stay in the settlement class, the Board will relinquish its right to file a lawsuit concerning the issues and claims at stake in the litigation. FUNDING. There is no funding associated with this item if the Board decides to stay in the settlement class and file a claim. RECOMMENDATION. The County Attorney's Office recommends that the Board vote to stay in the settlement class and file a claim. ATTACHMENT(S). Notice of Class Action Settlement with Attached Claifn Form PlAtiorneyllindeAGENERALIB C CiAgenda ek,,,o,nrD Automotive ClassActim,.doc P203 23 -Aug -2817 08:87 08-22-2017 194238EST Fax p.1 This is a notice of a lawsuit settlement, not a lawsuit against you. IN THE UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JWD AUTOMOTIVE, INC. d/b/a NAPA AUTO CARE OF CAPE CORAL, a Florida corporation, individually and as the representative of a class of similarly -situated persons, Plaintiff, v. DJM ADVISORY GROUP LLC, BANNER LIFE INSURANCE COMPANY, WILLIAM PENN LIFE INSURANCE COMPANY OF NEW YORK, Defendants. Civil Action No.: 2:15-cv-00793 CLASS ACTION NOTICE OF CLASS ACTION SETTLEMENT WITH ATTACHED CLAIM FORM TO: All persons who were sent one or more facsimiles December 21, 2011 to present which provided: ALL TERM INSURANCE.COM Protect your most valuable asset — Your Income with AFFORDABLE TERM LIFE INSURANCE Are you paying too much?...Legal & General America Life Insurance products are underwritten and issued by Banner Life Insurance Company, Urbana, MD and Witham Penn Life insurance Company of New York, Garden City, NY....and contained reference to DJM Advisory Group, LLC on the fax quoting Term Life Insurance rates (the "Settlement Class"). A. WHY HAVE YOU RECEIVED THIS NOTICE? The Court ordered us to send you this Notice because your fax number is contained on a list of fax numbers to which advertisements were sent by fax and you appear to be a member of the Settlement Class defined above. B. WHAT IS THIS LAWSUIT ABOUT? Plaintiff JWD Automotive, Inc. ("JWD Automotive") filed this class action lawsuit against DJM Advisory Group LLC, Banner Life Insurance Company and William Penn Life Insurance Company of New York ("Defendants") alleging that they violated the federal Telephone Consumer Protection Act ("TCPA"). Defendants denied Plaintiff's allegations and raised defenses. The parties have agreed to settle all claims about the advertising fax Defendants sent December 21, 2011 to present. C. WHAT 1S THE PROPOSED SETTLEMENT? Without admitting any fault or liability, and in exchange for a release of all claims against it, if the Settlement is finally approved, Defendants have agreed to make up to $3,500,000.00 (the "Settlement Fund) available to pay those class members who submit a valid claim form, to pay an incentive award to Plaintiff for serving as the class representative, and to pay attorney's fees and expenses to Plaintiff's attorneys. The claim form is attached. If the Court approves the settlement, all of the Class members who submit a valid and timely Proof of Claim Form (attached) will be mailed a check for their pro rata share of the Settlement Fund less attorney's fees, expenses, and incentive payment. Class members who received more than one fax may submit copies of those faxes with the Proof of Claim Form and be paid $500 per valid fax submitted. Class members who received only one fax and class members who received multiple faxes but who do not provide copies will be paid $500 for submission of a valid and timely Proof of Claim Form. The payment may be reduced pro rata if the value of claims received exceeds the value of the Settlement Fund. The Court has preliminarily approved this settlement, subject to a fairness hearing that will occur on December 4. 2017, at 9:30 a.m., in Room 6A, United States District Court for the Middle District of Florida, Fort Myers Division, 2110 First Street, Fort, Myers, Florida 33901. D. WHAT ARE YOUR OPTIONS? 1. Return a completed Claim Form: To receive a share of the settlement funds, you must complete, sign, and return a signed Claim Form postmarked, if sent by mail, or submitted by fax or electronically and received on or before October 21. 2017. The Claim Form is attached to this Notice. If your Claim Form is timely and valid, you will be mailed a check for your share of the proceeds. If you have retained copies of any faxes you believe to be advertisements sent by or on behalf of the Defendants, you should attach copies of all faxes you successfully received to this form. If you do not attach any faxes, your recovery under the Settlement will be limited to $500 per fax number, which may be reduced pro rata if the Settlement Fund is exhausted. 2. Do nothing: If you do nothing, you will remain in the Class. You will be bound by the judgment against Defendants and you will release your claims against Defendants about Defendants' advertising faxes, but you will receive nothing. P204 23 -Aug -2017 08:08 08-22-2017 194238EST Fax p.2 3. Opt out of tho sottlomont: You are not required to participate in the settlement. You have the right to exclude yourself from the Class and the settlement by sending a written request for exclusion. But your completed, signed statement advising of your election to opt out must be postmarked no Tater than September 29.2017. If your request is not postmarked by that date, your right to opt out will be deemed waived and you will be bound by all orders and judgments entered in connection with the settlement. Your request must provide your full name, address, and telephone number(s). Further, the written request for exclusion must include a statement that you wish to be excluded from the Settlement (for example, "Exclude me from the JWD Automotive v. DJM Advisory settlement"), and either the personal signature of the member of the Settlement Class submitting the request or the signature of that member's duty -authorized attorney. Any member of the Settlement Class who elects to be excluded shall not: (i) be bound by the Final Approval Order and Judgment; (n) be entitled to relief under this Settlement Agreement; (ii) gain any rights by virtue of this Agreement; or (iv) be entitled to object to any aspect of this Agreement. You must send your request to each of the following attomeys, and they will inform the Court of your request. Class Counsel: Ryan M. Kelly Anderson + Wanca 3701 Algonquin Road, Ste 500 Rolling Meadows, IL. 60008 Insurer Defendants' Attorney: Lewis S. Wiener Eversheds Sutherland (US) LLP 700 6th Street, N.W., Suite 700 Washington, DC 20001 DJM Advisory Group's Attorney Nicole L. Milone Certilman Balin Adler & Hyman LLP 90 Merrick Avenue, 9th Floor East Meadow, NY 11554 4. Objoct to tho sottlomont: If you object to the settlement, and wish to file an objection rather than simply exclude yourself, you must send a written objection to the Clerk ,of the United States District Court for the Middle District of Florida, 2110 First Street, Fort Myers, Florida 33901. Your objection must be postmarked by September 29. 2017, and must refer to the name and number of this case. Your statement must include your full name, address, telephone number or numbers that you maintain were called or received an applicable fax; all grounds in detail for the objection, with factual and legal supportfor each stated ground; the identity of any witnesses you may call to testify; copies of any exhibits that you intend to introduce into evidence at the Final Approval Hearing; a statement of the identity (including name, address, phone number and email) of any lawyer who was consulted or assisted with respect to your objection, and a statement of whether you intend to appear at the Final Approval Hearing with or without counsel. You must also serve copies of your objection on Class Counsel, Counsel for Insurer Defendants, and Counsel for DJM Advisory Group (at the addresses above), postmarked by the same date. Additionally, if you want the Court to consider your objection, then you must also appear at the final approval hearing in Room 6A, United States District Court for the Middle District of Florida, Fort Myers Division, 2110 First Street, Fort Myers, Florida 33901 on December 4. 2017 at 9:30 a.m. You are not required to attend this hearing unless you object to the settlement. E. WHEN WILL THE COURT DECIDE WHETHER TO APPROVE THE SETTLEMENT? The Court will hold a final faimess hearing on December 4. 2017, at 9:30 a.m., in Room 6A, United States District Court for the Middle District of Florida, Fort Myers Division, 2110 First Street, Fort Myers, Florida 33901, and hear any timely and property -filed objections and arguments about the settlement. You are not required to attend this hearing unless you object to the settlement. The fairness hearing may be continued to a future date without further notice. F. - WHO REPRESENTS THE CLASS? JWD Automotive, Inc. is the Class Representative. Its attorneys are Class Counsel. They are: Ryan M. Kelly Anderson + Wanca 3701 Algonquin Road, Ste. 500 Rolling Meadows, IL 60008 As part of the settlement, Defendants have agreed to pay Plaintiff an incentive award of $15,000.00 for its service on behalf of the Class in this litigation. Defendants have also agreed to pay attorneys' fees to Class Counsel of 33 1/3% of the Settlement Fund ($1,166,66.66), plus reasonable out-of-pocket expenses incurred in the litigation, plus the cost of settlement administration, to be paid from the Settlement Fund. G. WHERE CAN YOU GET MORE INFORMATION? If you have questions about this Notice or about the settlement, write to attorney Ryan M. Kelly at the address listed above. Include the case number, your name, your fax number, and your current street address on any correspondence. Alternatively, you can call Mr. Kelly's office at 1- 855-827-2329. This Notice only summarizes the litigation and the settlement. The court files for this case are available for your inspection at the Clerk of the United States District Court for the Middle District of Florida, Fort Myers Division, 2110 First Street, Fort Myers, Florida 33901. DO NOT CONTACT THE JUDGE, THE JUDGE'S STAFF, OR THE CLERK OF THE COURT BECAUSE THEY ARE NOT PERMITTED TO ANSWER YOUR QUESTIONS ABOUT THIS SETTLEMENT. P205 23 -Aug -2017 08:09 08-22-2017 194238EST Fax PROOF OF CLAIM Mill IlIlIlIHhll III i1111111111 111 1111111 12758275 JWD Automotive, lnc. v. DJM Advisory Group, LLC, Banner L'fe insurance Company and William Penn Life Insurance Company of New York, Casa No. 2:15-cv-00793 Fax Numbor:772-770-5334 You Must Complete This Form to Claim a Share of the Settlement Fund; 1. You Must Provide Your Contact Information. Name: Company: Address: City/State/Zip Code: Phone: Email: Fax Number(s): gist all numbers from Deoember21, 2011 to present. You may attach a separate sheet.] 2. You Must Verify Ownership of the Fax Numbar(s) Listed in #1 above: (a) "The fax number(s) identified above or attached to this Proof of Claim was/were: 1. Capable of receiving faxes, and 2. Mine or my company's at some point from December 21, 2011 through the present," X (Sign your name here) OR (b) 'The fax number(s) identified in No. 1 above or attached to this Proof of Claim was not/were not: 1. Capable of receiving faxes from December 21,2011 through the present, and/or 2. Mine or my company's at some point from December 21, 2011 through the present". Explain when you obtained the fax number(s) identified in No. 1 above or attached to this Proof of Claim: X (Sign your name here) 3. You Must Return this Claim Form by October 21, 2017: a. Fax this Claim Form to: OR b. Mail this Claim Form to: 877-704-7733 JWD v. DJM Class-Settlement.com PO Box 9009 Hicksville, NY 11802-9009 OR c. Submit this claim form electronically at: www.class-settlement.com p.3 Usemame:12758275 Password:copflyant 4. Attach Copies of Facsimiles (Optional): If you have retained copies of any faxes you believe to be advertisements sent by or on behalf of the Defendants, you should attach copies of all faxes received to this form. If you do not attach any faxes, your recovery under the Settlement will be limited to $500 per fax number, which may be reduced pro rata if the Settlement Fund is exhausted. P206 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM ?Pi TO: Jason Brown; County Administrator THROUGH: Stan Boling, AICP; Community Development Director THROUGH: Phil Matson, AICP; MPO Staff Director Rich Szpyrka, P.E.; Public Works Director FROM: Andy Sobczak, Senior Transportation Planner DATE: August 28, 2017 SUBJECT: Resolution of Support for Application to the Florida Highway Beautification Council for a Highway Beautification Grant for South US Highway 1 in Indian River County It is requested that the information herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of September 12, 2017. DESCRIPTION & CONDITIONS On February 7, 2017, the Board of County Commissioners approved a work order authorizing Kimley-Horn & Associates, Inc. to design a landscape plan and welcome sign for a section of US Highway 1 in the southern portion of the county. While design on the landscape plan and welcome sign are underway, preparations are being made for submission to the Florida Highway Beautification Council for a Highway Beautification Grant to assist in implementing the landscaping portion of the project. Each year in October, the Florida Highway Beautification Council accepts grant applications for Highway Beautification projects. The Beautification Grant is a state-wide competitive grant with 10 annual awards of $82,067.90. As part of the eligibility requirements for the Beautification Grant, a Resolution authorizing the Public Works Director to apply for and accept a Beautification Grant, as well as enter into a Highway Beautification Grant, Landscape Construction, and Maintenance Memorandum of Agreement between Indian River County and the Florida Department of Transportation, must be approved by the BCC. As such, the attached Resolution of Support for the grant must be approved prior to submission of the grant application. RECOMMENDATION Staff recommends that the BCC approve the Resolution of Support for application to the Florida Highway Beautification Council for a Highway Beautification Grant. 1 P207 ATTACHMENTS 1. Resolution of Support for application to the Florida Highway Beautification Council for a Highway Beautification Grant. 2 P208 RESOLUTION 2017- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE PUBLIC WORKS DEPARTMENT DIRECTOR TO APPLY FOR AND ACCEPT A HIGHWAY BEAUTIFICATION GRANT, AND ENTER INTO A HIGHWAY BEAUTIFICATION COUNCIL GRANT, LANDSCAPE CONSTRUCTION, AND MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, many roadside areas and median strips within Department of Transportation rights of way must be maintained and attractively landscaped; and WHEREAS, the Board of County Commissioners of Indian River County wishes to beautify and improve various rights of way by landscaping within Indian River County; and WHEREAS, the Board of County Commissioners of Indian River County wishes to authorize the Public Works Department Director to apply for a Highway Beautification Council Grant from the Florida Department of Transportation, and if awarded, to accept the grant and enter into a Highway Beautification Grant, Landscape Construction, and Maintenance Memorandum of Agreement between Indian River County and the Florida Department of Transportation. NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Indian River County, as follows: Section 1. The Board of County Commissioners of Indian River County authorizes the Public Works Department Director to apply for a Highway Beautification Council Grant from the Florida Department of Transportation, and if awarded, to accept the grant and enter into a Highway Beautification Grant, Landscape Construction, and Maintenance Memorandum of Agreement between Indian River County and the Florida Department of Transportation. Section 2. The Deputy Clerk to the Board of County Commissioners of Indian River County is hereby directed to send copies of this signed Resolution to the Florida Department of Transportation and all other persons as directed by the Board of County Commissioners. Section 3. This Resolution shall take effect immediately upon its adoption. The foregoing resolution was offered by Commissioner who moved its adoption. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Chairman Joseph E. Flescher Vice Chairman Peter D. O'Bryan Commissioner Susan Adams Commissioner Tim Zorc Commissioner Bob Solari Attachment 1 P209 RESOLUTION 2017 - The Chairman thereupon declared the resolution duly passed and adopted this day of , 2017. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA BY: Joseph E. Flescher, Chairman ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller BY: Deputy Clerk APPROVED AS TO LEGAL SUFFICIENCY BY: Dylan Reingold, County Attorney APPROVED AS TO PLANNING MATTERS BY: Stan Boling, AICP, Director Community Development Department Attachment 1 P210 SN CONSENT AGENDA INDIAN RIVER COUNTY INTER -OFFICE MEMORANDUM OFFICE OF MANAGEMENT AND BUDGET TO: Members of the Board of County Commissioners DATE: August 30, 2017 SUBJECT: 2017/2018 STATE/COUNTY CONTRACT INDIAN RIVER COUNTY HEALTH DEPARTMENT FROM: Michael Smykowski Director, Management & Budget DESCRIPTIONS AND CONDITIONS The Indian River County Health Department has submitted their annual contract for approval by the Board of County Commissioners. The contract, required under Chapter 154, Florida Statutes, contains the full annual operating budget, revenues and expenditure program plan for the Health Department for 2017/2018. This contract provides for county funding of the Health Department. The direct contribution for fiscal year 2017/2018 totals $632,970, which is an increase of $30,141 or 5.0% from the current fiscal year. In addition, the County provides maintenance and operations for Health Department facilities. This is reflected as an in-kind contribution of $663,845 for a total County contribution of $1,296,815. FUNDING Funding for the Florida Department of Health contract is provided by the General Fund. The direct contribution of $632,970 is funded from account number 00110669-088190, and the in-kind contribution of $663,845 is provided in the Facilities Management budget in the General Fund. P211 Mission: To protect, promote & improve the health of all people in Florida through integrated state, county & community efforts. MEM HEALTH Vision: To be the Healthiest State in the Nation - Rick Scott Govemor Celeste Philip, MD, MPH Surgeon General and Secretary FLORIDA DEPARTMENT OF HEALTH IN INDIAN RIVER COUNTY August 26th, 2017 Jason Brown, Administrator Indian River County Board of County Commissioners 1801 27th Street Vero Beach, FL 32960 RE: 2017-2018 State/County Contract Dear Mr. Brown, Please find attached (3) originals of the 2017-18 State and County contract for the operations of the Indian River County Health Department for your review and formal approval by the Indian River County Board of Commissioners. The contract, required under F.S. 154, contains the full annual operating budget; revenues and expenditure program plan for our health department. The total amount of the contract including all revenue sources and in-kind sources is $11,228,589. The county appropriation of $632,970 (not including $64,692 human services funding) along with estimated building operational expenses of $663,845 are specified fiscal responsibilities of the Indian River County Board of Commissioners. As point of clarification, Indian River County Hospital District's appropriation is reflected under revenue object code -008020 Grants -County Tax Direct for $2,027,787 funding primary care, dental services, and Gifford Health Center. The basic expenditure plan forecasts anticipated number of clients, services, and dedicated staff to each area served by the health department. As always, a quarterly reports will be forwarded to your attention for review and a written explanation will be provided if the variance exceeds or falls below 25% of the planned expenditure amount for the contract year. Please feel free to call me at 794-7450 if you have any questions. We will be available to the Commission when the contract is presented. Miranda C. Hawker County Health Department Administrator Attachments Florida Department of Health in Indian River County 1900 27th Street, Vero Beach, FL 32960 PHONE: 772/794-7400 WEBSITE: httpJrindianriver.floridahealth.gov FloridaHealth.gov Accredited Health Department Public Health Accreditation Board P212 CONTRACT BETWEEN INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS AND STATE OF FLORIDA DEPARTMENT OF HEALTH FOR OPERATION OF THE INDIAN RIVER COUNTY HEALTH DEPARTMENT CONTRACT YEAR 2017-2018 This contract is made and entered into between the State of Florida, Department of Health ("State") and the Indian River County Board of County Commissioners ("County"), through their undersigned authorities, effective October 1, 2017. RECITALS A. Pursuant to Chapter 154, Florida Statutes, the intent of the legislature is to "promote, protect, maintain, and improve the health and safety of all citizens and visitors of this state through a system of coordinated county health department services." B. County Health Departments were created throughout Florida to satisfy this legislative intent through "promotion of the public's health, the control and eradication of preventable diseases, and the provision of primary health care for special populations." C. Indian River County Health Department ("CHD") is one of the created County Health Departments. D. It is necessary for the parties hereto to enter into this contract in order to ensure coordination between the State and the County in the operation of the CHD. NOW THEREFORE, in consideration of the mutual promises set forth herein, the sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. RECITALS. The parties mutually agree that the foregoing recitals are true and correct and incorporated herein by reference. 2. TERM. The parties mutually agree that this contract shall be effective from October 1, 2017, through September 30, 2018, or until a written contract replacing this contract is entered into between the parties, whichever is later, unless this contract is otherwise terminated pursuant to the termination provisions set forth in paragraph 8. below. 3. SERVICES MAINTAINED BY THE CHD. The parties mutually agree that the CHD shall provide those services as set forth on Part III of Attachment II hereof, in order to maintain the following three levels of service pursuant to section 154.01(2), Florida Statutes, as defined below: a. "Environmental health services" are those services which are organized and operated to protect the health of the general public by monitoring and regulating activities in the environment which may contribute to the occurrence or transmission of disease. 1 P213 Environmental health services shall be supported by available federal, state and local funds and shall include those services mandated on a state or federal level. Examples of environmental health services include, but are not limited to, food hygiene, safe drinking water supply, sewage and solid waste disposal, swimming pools, group care facilities, migrant labor camps, toxic material control, radiological health, and occupational health. b. "Communicable disease control services" are those services which protect the health of the general public through the detection, control, and eradication of diseases which are transmitted primarily by human beings. Communicable disease services shall be supported by available federal, state, and local funds and shall include those services mandated on a state or federal level. Such services include, but are not limited to, epidemiology, sexually transmissible disease detection and control, HIV/AIDS, immunization, tuberculosis control and maintenance of vital statistics. c. "Primary care services" are acute care and preventive services that are made available to well and sick persons who are unable to obtain such services due to lack of income or other barriers beyond their control. These services are provided to benefit individuals, improve the collective health of the public, and prevent and control the spread of disease. Primary health care services are provided at home, in group settings, or in clinics. These services shall be supported by available federal, state, and local funds and shall include services mandated on a state or federal level. Examples of primary health care services include, but are not limited to: first contact acute care services; chronic disease detection and treatment; maternal and child health services; family planning; nutrition; school health; supplemental food assistance for women, infants, and children; home health; and dental services. 4. FUNDING. The parties further agree that funding for the CHD will be handled as follows: a. The funding to be provided by the parties and any other sources is set forth in Part II of Attachment II hereof. This funding will be used as shown in Part I of Attachment II. i. The State's appropriated responsibility (direct contribution excluding any state fees, Medicaid contributions or any other funds not listed on the Schedule C) as provided in Attachment II, Part II is an amount not to exceed $ 2,988,033 (State General Revenue, State Funds, Other State Funds and Federal Funds listed on the Schedule c). The State's obligation to pay under this contract is contingent upon an annual appropriation by the Legislature. ii. The County's appropriated responsibility (direct contribution excluding any fees, other cash or local contributions) as provided in Attachment II, Part II is an amount not to exceed $ 632.970 (amount listed under the "Board of County Commissioners Annual Appropriations section of the revenue attachment). b. Overall expenditures will not exceed available funding or budget authority, whichever is less, (either current year or from surplus trust funds) in any service category. Unless requested otherwise, any surplus at the end of the term of this contract in the County Health 2 P214 Department Trust Fund that is attributed to the CHD shall be carried forward to the next contract period. c. Either party may establish service fees as allowed by law to fund activities of the CHD. Where applicable, such fees shall be automatically adjusted to at least the Medicaid fee schedule. d. Either party may increase or decrease funding of this contract during the term hereof by notifying the other party in writing of the amount and purpose for the change in funding. If the State initiates the increase/decrease, the CHD will revise the Attachment II and send a copy of the revised pages to the County and the Department of Health, Office of Budget and Revenue Management. If the County initiates the increase/decrease, the County shall notify the CHD. The CHD will then revise the Attachment II and send a copy of the revised pages to the Department of Health, Office of Budget and Revenue Management. e. The name and address of the official payee to whom payments shall be made is: County Health Department Trust Fund Indian River County Health Department Accounts Receivable, 1900 27th Street Vero Beach, FL 32960-3383 5. CHD DIRECTOR/ADMINISTRATOR. Both parties agree the director/administrator of the CHD shall be a State employee or under contract with the State and will be under the day-to-day direction of the Deputy Secretary for County Health Systems. The director/administrator shall be selected by the State with the concurrence of the County. The director/administrator of the CHD shall ensure that non -categorical sources of funding are used to fulfill public health priorities in the community and the Long Range Program Plan. 6. ADMINISTRATIVE POLICIES AND PROCEDURES. The parties hereto agree that the following standards should apply in the operation of the CHD: a. The CHD and its personnel shall follow all State policies and procedures, except to the extent permitted for the use of County purchasing procedures as set forth in subparagraph b., below. All CHD employees shall be State or State -contract personnel subject to State personnel rules and procedures. Employees will report time in the Health Management System compatible format by program component as specified by the State. b. The CHD shall comply with all applicable provisions of federal and state laws and regulations relating to its operation with the exception that the use of County purchasing procedures shall be allowed when it will result in a better price or service and no statewide Department of Health purchasing contract has been implemented for those goods or services. In such cases, the CHD director/administrator must sign a justification therefore, and all County purchasing procedures must be followed in their entirety, and such compliance shall be documented. Such justification and compliance documentation shall be maintained by the CHD in accordance with the terms of this contract. State procedures must be followed for all leases on facilities not enumerated in Attachment IV. 3 P215 c. The CHD shall maintain books, records and documents in accordance with the Generally Accepted Accounting Principles (GAAP), as promulgated by the Governmental Accounting Standards Board (GASB), and the requirements of federal or state law. These records shall be maintained as required by the Department of Health Policies and Procedures for Records Management and shall be open for inspection at any time by the parties and the public, except for those records that are not otherwise subject to disclosure as provided by law which are subject to the confidentiality provisions of paragraphs 6.i. and 6.k., below. Books, records and documents must be adequate to allow the CHD to comply with the following reporting requirements: 1. The revenue and expenditure requirements in the Florida Accounting Information Resource (FLAIR) System; ii. The client registration and services reporting requirements of the minimum data set as specified in the most current version of the Client Information System/Health Management Component Pamphlet; Financial procedures specified in the Department of Health's Accounting Procedures Manuals, Accounting memoranda, and Comptroller's memoranda; iv. The CHD is responsible for assuring that all contracts with service providers include provisions that all subcontracted services be reported to the CHD in a manner consistent with the client registration and service reporting requirements of the minimum data set as specified in the Client Information System/Health Management Component Pamphlet. d. All funds for the CHD shall be deposited in the County Health Department Trust Fund maintained by the state treasurer. These funds shall be accounted for separately from funds deposited for other CHDs and shall be used only for public health purposes in Indian River County. e. That any surplus/deficit funds, including fees or accrued interest, remaining in the County Health Department Trust Fund account at the end of the contract year shall be credited/debited to the State or County, as appropriate, based on the funds contributed by each and the expenditures incurred by each. Expenditures will be charged to the program accounts by State and County based on the ratio of planned expenditures in this contract and funding from all sources is credited to the program accounts by State and County. The equity share of any surplus/deficit funds accruing to the State and County is determined each month and at contract year-end. Surplus funds may be applied toward the funding requirements of each participating governmental entity in the following year. However, in each such case, all surplus funds, including fees and accrued interest, shall remain in the trust fund until accounted for in a manner which clearly illustrates the amount which has been credited to each participating governmental entity. The planned use of surplus funds shall be reflected in Attachment II, Part I of this contract, with special capital projects explained in Attachment V. 4 P216 f. There shall be no transfer of funds between the three levels of services without a contract amendment unless the CHD director/administrator determines that an emergency exists wherein a time delay would endanger the public's health and the Deputy Secretary for County Health Systems has approved the transfer. The Deputy Secretary for County Health Systems shall forward written evidence of this approval to the CHD within 30 days after an emergency transfer. g. The CHD may execute subcontracts for services necessary to enable the CHD to carry out the programs specified in this contract. Any such subcontract shall include all aforementioned audit and record keeping requirements. h. At the request of either party, an audit may be conducted by an independent CPA on the financial records of the CHD and the results made available to the parties within 180 days after the close of the CHD fiscal year. This audit will follow requirements contained in OMB Circular A-133 and may be in conjunction with audits performed by County government. If audit exceptions are found, then the director/administrator of the CHD will prepare a corrective action plan and a copy of that plan and monthly status reports will be furnished to the contract managers for the parties. i. The CHD shall not use or disclose any information concerning a recipient of services except as allowed by federal or state law or policy. j. The CHD shall retain all client records, financial records, supporting documents, statistical records, and any other documents (including electronic storage media) pertinent to this contract for a period of five (5) years after termination of this contract. If an audit has been initiated and audit findings have not been resolved at the end of five (5) years, the records shall be retained until resolution of the audit findings. k. The CHD shall maintain confidentiality of all data, files, and records that are confidential under the law or are otherwise exempted from disclosure as a public record under Florida law. The CHD shall implement procedures to ensure the protection and confidentiality of all such records and shall comply with sections 384.29, 381.004, 392.65 and 456.057, Florida Statutes, and all other state and federal laws regarding confidentiality. All confidentiality procedures implemented by the CHD shall be consistent with the Department of Health Information Security Policies, Protocols, and Procedures. The CHD shall further adhere to any amendments to the State's security requirements and shall comply with any applicable professional standards of practice with respect to client confidentiality. I. The CHD shall abide by all State policies and procedures, which by this reference are incorporated herein as standards to be followed by the CHD, except as otherwise permitted for some purchases using County procedures pursuant to paragraph 6.b. m. The CHD shall establish a system through which applicants for services and current clients may present grievances over denial, modification or termination of services. The CHD will advise applicants of the right to appeal a denial or exclusion from services, of failure to 5 P217 take account of a client's choice of service, and of his/her right to a fair hearing to the final governing authority of the agency. Specific references to existing laws, rules or program manuals are included in Attachment I of this contract. n. The CHD shall comply with the provisions contained in the Civil Rights Certificate, hereby incorporated into this contract as Attachment III. o. The CHD shall submit quarterly reports to the County that shall include at least the following: 1. The DE385L1 Contract Management Variance Report and the DE580L1 Analysis of Fund Equities Report; ii. A written explanation to the County of service variances reflected in the year end DE385L1 report if the variance exceeds or falls below 25 percent of the planned expenditure amount for the contract year. However, if the amount of the service specific variance between actual and planned expenditures does not exceed three percent of the total planned expenditures for the level of service in which the type of service is included, a variance explanation is not required. A copy of the written explanation shall be sent to the Department of Health, Office of Budget and Revenue Management. p. The dates for the submission of quarterly reports to the County shall be as follows unless the generation and distribution of reports is delayed due to circumstances beyond the CHD's control: 1. March 1, 2018 for the report period October 1, 2017 through December 31, 2017; ii. June 1, 2018 for the report period October 1, 2017 through March 31, 2018; iii. September 1, 2018 for the report period October 1, 2017 through June 30, 2018; and iv. December 1, 2018 for the report period October 1, 2017 through September 30, 2018. 7. FACILITIES AND EQUIPMENT. The parties mutually agree that: a. CHD facilities shall be provided as specified in Attachment IV to this contract and the County shall own the facilities used by the CHD unless otherwise provided in Attachment IV. b. The County shall ensure adequate fire and casualty insurance coverage for County - owned CHD offices and buildings and for all furnishings and equipment in CHD offices through either a self-insurance program or insurance purchased by the County. 6 P218 c. All vehicles will be transferred to the ownership of the County and registered as County vehicles. The County shall ensure insurance coverage for these vehicles is available through either a self-insurance program or insurance purchased by the County. All vehicles will be used solely for CHD operations. Vehicles purchased through the' County Health Department Trust Fund shall be sold at fair market value when they are no longer needed by the CHD and the proceeds returned to the County Health Department Trust Fund. 8. TERMINATION. a. Termination at Will. This contract may be terminated by either party without cause upon no less than one -hundred eighty (180) calendar days notice in writing to the other party unless a lesser time is mutually agreed upon in writing by both parties. Said notice shall be delivered by certified mail, return receipt requested, or in person to the other party's contract manager with proof of delivery. b. Termination Because of Lack of Funds. In the event funds to finance this contract become unavailable, either party may terminate this contract upon no Tess than twenty-four (24) hours notice. Said notice shall be delivered by certified mail, return receipt requested, or in person to the other party's contract manager with proof of delivery. c. Termination for Breach. This contract may be terminated by one party, upon no less than thirty (30) days notice, because of the other party's failure to perform an obligation hereunder. Said notice shall be delivered by certified mail, return receipt requested, or in person to the other party's contract manager with proof of delivery. Waiver of breach of any provisions of this contract shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this contract. 9. MISCELLANEOUS. The parties further agree: a. Availability of Funds. If this contract, any renewal hereof, or any term, performance or payment hereunder, extends beyond the fiscal year beginning July 1, 2018, it is agreed that the performance and payment under this contract are contingent upon an annual appropriation by the Legislature, in accordance with section 287.0582, Florida Statutes. b. Contract Managers. The name and address of the contract managers for the parties under this contract are as follows: For the State: Mayur Rao Name Business Manager 1900 27th Street Vero Beach, FI., 32960-3383 Address 7 For the County: Michael R Svmkowski Name Budget Director 1801 27th Street Vero Beach, FI., 32960-3383 Address P219 772-794-7464 Telephone 772-567-8000 Ext. 1214 Telephone If different contract managers are designated after execution of this contract, the name, address and telephone number of the new representative shall be furnished in writing to the other parties and attached to originals of this contract. c. Captions. The captions and headings contained in this contract are for the convenience of the parties only and do not in any way modify, amplify, or give additional notice of the provisions hereof. In WITNESS THEREOF, the parties hereto have caused this eight page contract, with its attachments as referenced, including Attachment I (two pages), Attachment II (six pages), Attachment III (one page), Attachment IV (one page), and Attachment V (one page), to be executed by their undersigned officials as duly authorized effective the 1st day of October, 2017. BOARD OF COUNTY COMMISSIONERS STATE OF FLORIDA FOR INDIAN RIVER COUNTY DEPARTMENT OF HEALTH SIGNED BY: NAME: TITLE: DATE: ATTESTED TO: SIGNED BY: NAME: Celeste Philip, MD, MPH TITLE: Surgeon General and Secretary DATE: SIGNED BY: SIGNED BY: NAME: NAME: Miranda C. Hawker, MPH TITLE: TITLE: CHD Director/Administrator DATE: DATE: quil-q- 8 P220 ATTACHMENT I INDIAN RIVER COUNTY HEALTH DEPARTMENT PROGRAM SPECIFIC REPORTING REQUIREMENTS AND PROGRAMS REQUIRING COMPLIANCE WITH THE PROVISIONS OF SPECIFIC MANUALS Some health services must comply with specific program and reporting requirements in addition to the Personal Health Coding Pamphlet (DHP 50-20), Environmental Health Coding Pamphlet (DHP 50-21) and FLAIR requirements because of federal or state law, regulation or rule. If a county health department is funded to provide one of these services, it must comply with the special reporting requirements for that service. The services and the reporting requirements are listed below: 1. 2. Dental Health Service Requirement Sexually Transmitted Disease Program 3. Special Supplemental Nutrition Program for Women, Infants and Children (including the WIC Breastfeeding Peer Counseling Program) 4. Healthy Start/ Improved Pregnancy Outcome 5. Family Planning 6. Immunization Requirements as specified in F.A.C. 640-3, F.S. 381 and F.S. 384. Periodic financial and programmatic reports as specified by the program office. Service documentation and monthly financial reports as specified in DHM 150-24' and all federal, state and county requirements detailed in program manuals and published procedures. Requirements as specified in the 2007 Healthy Start Standards and Guidelines and as specified by the Healthy Start Coalitions in contract with each county health department. Requirements as specified in Public Law 91-572, 42 U.S.C. 300, et seq., 42 CFR part 59, subpart A, 45 CFR parts 74 & 92, 2 CFR 215 (OMB Circular A-110) OMB Circular A-102, F.S. 381.0051, F.A.C. 64F-7, F.A.C. 64F-16, and F.A.C. 64F-19. Requirements and Guidance as specified in the Program Requirements for Title X Funded Family Planning Projects (Title X Requirements)(2014) and the Providing Quality Family Planning Services (QFP): Recommendations of CDC and the U.S. Office of Population Affairs published on the Office of Population Affairs website. Programmatic annual reports as specified by the program office as specified in the annual programmatic Scope of Work for Family Planning and Maternal Child Health Services, including the Family Planning Annual Report (FPAR), and other minimum guidelines as specified by the Policy Web Technical Assistance Guidelines. Periodic reports as specified by the department pertaining to immunization levels in kindergarten and/or seventh grade pursuant to instructions contained in the Immunization Guidelines -Florida Schools, Childcare Facilities and Family Daycare Homes (DH Form 150-615) and Rule 64D-3.046, F.A.C. In addition, periodic reports as specified by the department pertaining to the surveillance/investigation of reportable vaccine -preventable diseases, adverse events, vaccine accountability, and assessment of immunization ATTACHMENT I (Continued) Attachment_I - Page 1 of 2 P221 levels as documented in Florida SHOTS and supported by CHD Guidebook policies and technical assistance guidance. 7. Environmental Health Requirements as specified in Environmental Health Programs Manual 150-4* and DHP 50-21* 8. HIV/AIDS Program Requirements as specified in F.S. 384.25 and F.A.C. 64D-3.030 and 64D-3.031. Case reporting should be on Adult HIV/AIDS Confidential Case Report CDC Form DH2139 and Pediatric HIV/AIDS Confidential Case Report CDC Form DH2140. Requirements as specified in F.A.C. 64D-2 and 64D-3, F.S. 381 and F.S. 384. Socio -demographic and risk data on persons tested for HIV in CHD clinics should be reported on Lab Request DH Form 1628 in accordance with the Forms Instruction Guide. Requirements for the HIV/AIDS Patient Care programs are found in the Patient Care Contract Administrative Guidelines. 9. School Health Services Requirements as specified in the Florida School Health Administrative Guidelines (May 2012). Requirements as specified In F.S. 381.0056, F.S. 381.0057, F.S. 402.3026 and F.A.C. 64F-6. 10. Tuberculosis Tuberculosis Program Requirements as specified in F.A.C. 64D-3 and F.S. 392. 11. General Communicable Disease Control 12. Refugee Health Program Carry out surveillance for reportable communicable and other acute diseases, detect outbreaks, respond to individual cases of reportable diseases, investigate outbreaks, and carry out communication and quality assurance functions, as specified in F.A.C. 64D-3, F.S. 381, F.S. 384 and the CHD Epidemiology Guide to Surveillance and Investigations. Programmatic and financial requirements as specified by the program office. *or the subsequent replacement if adopted during the contract period. Attachment _I - Page 2 of 2 P222 ATTACHMENT II INDIAN RIVER COUNTY HEALTH DEPARTMENT PART I. PLANNED USE OF COUNTY HEALTH DEPARTMENT TRUST FUND BALANCES 0 N D 2 c o • 0 a) v 0 m CD w (75 mom E • .o N . c W CO U. CHD Trust Fund Ending Balance 09/30/17 ao co o co v N u) M h 0 N ui co6 f0 a) s a) v v 0 1,3; lao rn to co E co to 1 )c (4)) as of t..) a a) co a) w t 3 a) .as U 0 2 ti O O r- w Li, CO a) 4 Q Q a) O d 7 E 3 a) c c co w 0) 0 2 o. c 0 (0 > 0 C 1 2 (0 c >- co �"' a0 c • co 0 � 0 �- 0 tF (0 0 C N 'N O M O M C co') C a OCU c,4�. N C a) i w 7 0 0 0 C 0 a O Q) U • 0) tin a)cn ocn co c 0 E 0 -0 0 0 U t ati ZN- 0)) 4- N a N y N d (0 N O 0 To ) c0) m 0. •V .n C COco 0 0 00 V)0 m0 `o . U a) 0. N M d U) Attachment_II_Part_I - Page 1 of 1 P223 i6= IND `RNER COU$ TEDEPptTT, MEN „4.3L,171/1:043B 0fboinitiwnef gty,H D p Uctober �1,, 2017 t�"98eptem eri30,t201 1. GENERAL REVENUE • STATE 015040 AIDS PATIENT CARE 015040 CHD • TB COMMUNITY PROGRAM 015040 DENTAL SPECIAL INITIATIVE PROJECTS 015040 FAMILY PLANNING GENERAL REVENUE 015040 PRIMARY CARE PROGRAM 015040 SCHOOL HEALTH SERVICES - GENERAL REVENUE 015060 CHD GENERAL REVENUE NON -CATEGORICAL GENERAL REVENUE TOTAL g �n sidmp ?O ter Contributions �Total,< 100,000 0 100,000 0 28,607 0 28,507 0 6,200 0 6,200 0 40,846 0 40,846 0 183,226 0 183,226 0 136,867 0 136,867 0 1,286,329 0 1,286,329 0 1,781,974 0 1,781,974 0 100,000 28,507 6,200 40,846 183,226 136,867 1,286,329 1,781,974 2. NON GENERAL REVENUE - STATE 016010 STATE UNDERGROUND PETROLEUM RESPONSE ACT 3,100 0 3,100 0 3,100 015010 ENVIRONMENTAL BIOMEDICAL WASTE PROGRAM 9,136 0 9,136 0 9,136 015010 HURRICAN MATTHEW EXECUTIVE ORDER 16-230 90,076 0 90,076 0 90,076 NON GENERAL REVENUE TOTAL 102,312 0 102,312 0 102,312 3. FEDERAL FUNDS • STATE 007000 AIDS DRUG ASSISTANCE PROGRAM ADMIN HQ 40,719 0 40,719 0 40,719 007000 WIC BREASTFEEDING PEER COUNSELING PROG 46,260 0 46,250 0 45,260 007000 COASTAL BEACH WATER QUALITY MONITORING 13,613 0 13,513 0 13,613 007000 COMPREHENSIVE COMMUNITY CARDIO • PHBG 36,000 0 35,000 0 35,000 007000 FAMILY PLANNING TITLE X • GRANT 71,902 0 71,902 0 71,902 007000 IMMUNIZATION ACTION PLAN 34,951 0 34,951 0 34,951 007000 MCH SPEC PRJ SOCIAL DETERMINANTS HLTH COMM EDU 27,371 0 27,371 0 27,371 007000 BASE COMMUNITY PREPAREDNESS CAPABILITY 92,891 0 92,891 0 92,891 007000 BASE PUB HLTH SURVEILLANCE & EPI INVESTIGATION 78,862 0 78,852 0 78,852 007000 AIDS PREVENTION 62,160 0 62,160 0 62,160 007000 RYAN WHITE TITLE II GRANT/CHD CONSORTIUM 90,000 0 90,000 0 90,000 007000 WIC PROGRAM ADMINISTRATION 464,256 0 454,256 0• 464,256 016075 INSPECTIONS OF SUMMER FEEDING PROGRAM - DOE 6,706 0 6,706 0 5,706 016076 SUPPLEMENTAL SCHOOL HEALTH 150,068 0 160,068 0 150,068 FEDERAL FUNDS TOTAL 1,202,629 0 1,202,629 0 1,202,629 4. FEES ASSESSED BY STATE OR FEDERAL RULES - STATE 001020 CHD STATEWIDE ENVIRONMENTAL FEES 128,108 0 128,108 0 128,108 001092 CHD STATEWIDE ENVIRONMENTAL FEES 279,179 0 279,179 0 279,179 001206 ON SITE SEWAGE DISPOSAL PERMIT FEES 18,246 0 18,246 0 18,245 001206 SANITATION CERTIFICATES (FOOD INSPECTION) 2,405 0 2,405 0 2,405 001206 SEPTIC TANK RESEARCH SURCHARGE 4,746 0 4,746 0 4,746 001206 SEPTIC TANK VARIANCE FEES 50% 201 0 201 0 201 001206 PUBLIC SWIMMING POOL PERMIT FEES•10% HQ TRANSFER 1,292 0 1,292 0 1,292 00120G DRINKING WATER PROGRAM OPERATIONS 626 0 626 0 626 001206 REGULATION OF BODY PIERCING SALONS 138 0 138 0 138 001206 TANNING FACILITIES 217 0 217 0 217 001206 ONSITE SEWAGE TRAINING CENTER 95 0 96 0 96 Attachment_II_Part_II - Page 1 of 3 P224 INDIgirRIVER dOUN�'Y HE TH'rDEPARTMENT y11 K..4F v.y�l 40 PareilMourcas o f4Cori rigi a to County Heeith n �rTSt�• +Ch'sf ft��sc n •ber 120" September 80,`2018 {a 001206 TATTO PROGRAM ENVIRONMENTAL HEALTH 001206 MOBILE HOME & RV PARK FEES FEES ASSESSED BY STATE OR FEDERAL RULES TOTAL 5. OTHER CASH CONTRIBUTIONS • STATE: 090001 DRAW DOWN FROM PUBLIC HEALTH UNIT OTHER CASH CONTRIBUTION TOTAL 6. MEDICAID - STATE/COUNTY: 001057 CHD CLINIC FEES 001148 CHD CLINIC FEES MEDICAID TOTAL 660 1,698 437,509 O 660 O 1,698 O 437,509 0 0 0 660 1,698 • 437,609 o 0 0 0 0 O 0 0 0 0 O 0 0 0 0 O 133,403 133,403 0 133,403 O 1,056,737 1,056,737 0 1,056,737 O 1,190,140 1,190,140 0 1,190,140 7. ALLOCABLE REVENUE - STATE: 001004 CHD STATEWIDE ENVIRONMENTAL FEES 2,336 0 2,336 0 2,336 031005 GENERAL CLINIC RABIES SERVICES & DRUG PURCHASES 15,000 0 15,000 0 15,000 ALLOCABLE REVENUE TOTAL 17,336 0 17,336 0 17,336 8. OTHER STATE CONTRIBUTIONS NOT IN CHD TRUST FUND • STATE ADAP 0 0 0 148,203 148,203 PHARMACY DRUG PROGRAM 0 0 0 13,486 13,486 WIC PROGRAM 0 0 0 1,770,055 1,770,055 BUREAU OF PUBLIC HEALTH LABORATORIES 0 0 0 21,548 21,548 IMMUNIZATIONS 0 0 0 309,449 309,449 OTHER STATE CONTRIBUTIONS TOTAL 0 0 0 2,262,741 2,262,741 9. DIRECT LOCAL CONTRIBUTIONS • BCC/TAX DISTRICT 008005 HUMAN AND CHILDRENS SERVICES PROGRAM 0 64,692 64,692 0 64,692 008005 CHD FEDERAL & LOCAL INDIRECT EARNINGS 0 10,826 10,826 0 10,826 008020 CHD LOCAL REVENUE & EXPENDITURES 0 2,027,787 2,027,787 0 2,027,787 008040 CHD LOCAL REVENUE & EXPENDITURES 0 632,970 632,970 0 632,970 DIRECT COUNTY CONTRIBUTIONS TOTAL 0 2,736,276 2,736,275 0 2,736,276 10. FEES AUTHORIZED BY COUNTY ORDINANCE OR RESOLUTION - COUNTY 001026 CHD CLINIC FEES 0 8,881 8,881 0 8,881 001077 CHD CLINIC FEES 0 248,848 248,848 0 248,848 001094 CHD LOCAL ENVIRONMENTAL FEES 0 90,286 90,286 0 90,286 001110 VITAL STATISTICS CERTIFIED RECORDS 0 223,173 223,173 0 223,173 FEES AUTHORIZED BY COUNTY TOTAL 0 571,188 671,188 0 671,188 11, OTHER CASH AND LOCAL CONTRIBUTIONS - COUNTY 001029 CHD CLINIC FEES 0 92,625 92,625 0 92,625 001090 CHD CLINTC FEES 0 37,333 37,333 0 37,333 006000 CHD LOCAL REVENUE & EXPENDITURES 0 6,920 6,920 0 6,920 010400 CHD SALE OF SERVICES IN OR OUTSIDE OF STATE GOVT 0 1,675 1,675 0 1,675 AttachmenLll_ParLll - Page 2 of 3 P225 :• RIVER COUN'1ZP iiEATyTWEPd TMENT ` areae oftContrlbu partment: ;October , �20�7io`Sep,�ember38D, 2 18 "� -� - --� 011000 CHD CLINIC FEES 011000 REVENUE CONTRACT/MOA WINO REPORTING REQUIREMENT 011001 CHD HEALTHY START COALITION CONTRACT 090002 DRAW DOWN FROM PUBLIC HEALTH UNIT OTHER CASH AND LOCAL CONTRIBUTIONS TOTAL State CHDD 'County Toet i CHD T�ru� etxFund CHDr *Tru et. nd Other (cuh) 'Tr t Ru tdV-, c eN`I) •; Contrigaion O 34,185 34,186 0 34,186 O 12,777 12,777 0 12,777 0 2,243 2,243 0 2,243 O 67,648 67,548 0 67,648 0 246,306 246,306 0 246,306 12. ALLOCABLE REVENUE • COUNTY 001004 CHD STATEWIDE ENVIRONMENTAL FEES 0 2,334 2,334 0 2,334 031005 GENERAL CLINIC RABIES SERVICES & DRUG PURCHASES 0 16,000 16,000 0 16,000 COUNTY ALLOCABLE REVENUE TOTAL 0 17,334 17,334 0 17,334 18. BUILDINGS • COUNTY ANNUAL RENTAL EQUIVALENT VALUE 0 0 0 434,417 434,417 OTHER (Specify) 0 0 0 0 0 UTILITIES 0 0 0 163,560 163,660 BUILDING MAINTENANCE 0 0 0 76,868 76,868 GROUNDS MAINTENANCE 0 0 0 0 0 INSURANCE 0 0 0 0 0 OTHER (Specify) 0 0 0 0 0 OTHER (Specify) 0 0 0 0 0 BUILDINGS TOTAL 0 0 0 663,845 663,845 14. OTHER COUNTY CONTRIBUTIONS NOT IN CHD TRUST FUND - COUNTY EQUIPMENT / VEHICLE PURCHASES 0 0 0 0 0 VEHICLE INSURANCE 0 0 0 0 0 VEHICLE MAINTENANCE 0 0 0 0 0 OTHER COUNTY CONTRIBUTION (SPECIFY) 0 0 0 0 0 OTHER COUNTY CONTRIBUTION (SPECIFY) 0 0 0 0 0 OTHER COUNTY CONTRIBUTIONS TOTAL 0 0 0 0 0 GRAND TOTAL CHD PROGRAM 3,641,760 4,760,243 8,302,003 2,926,586 11,228,689 Attachmenl_II_PaA_II - Page 3 of 3 P226 .1 qY IA1 1,111, UDPPYfHEAi TIVDEPARTME tea. "' ' r•t C -. �',�'K t- rF Planned,S ng llenta Servicesrand Fxpendlturee,B /Program SerncelAxea Within' teach Level.offService• sem. aOctober Beptemb 2018 A. COMMUNICABLE DISEASE CONTROL: IMMUNIZATION (101) SEXUALLY TRANS. DIS. (102) HIV/AIDS PREVENTION (03A1) HIV/AIDS SURVEILLANCE (03A2) HIV/AIDS PATIENT CARE (03A3) ADAP (03A4) TUBERCULOSIS (104) COMM. DIS. SURV. (106) HEPATITIS (109) PREPAREDNESS AND RESPONSE (116) REFUGEE HEALTH (118) VITAL RECORDS (180) COMMUNICABLE DISEASE SUBTOTAL B. PRIMARY CARE: 3.86 2,788 3,876 80,999 94,476 80,999 94,477 - 220,005 130,946 350,951 4.33 1,020 1,396 65,434 76,321 65,434 76,320 80,560 202,949 283,509 1.66 0 7,039 23,183 27,041 23,183 27,041 100,408 40 100,448 0.00 0 0 6 7 6 8 27 0 27 1.70 305 646 44,499 61,903 44,499 51,904 147,361 46,444 192,805 0.73 29 31 12,387 14,448 12,387 14,449 45,073 8,598 63,671 1.21 282 419 17,889 20,866 17,889 20,866 71,908 5,601 77,609 2.82 0 782 48,072 66,071 48,072 66,071 208,286 0 208,286 0.00 0 0 0 0 0 0 0 0 0 1.44 0 7 30,349 95,398 30,349 35,397 131,499 0 131,493 0.00 0 0 0 0 0 0 0 0 0 1.14 6,617 20.081 16,609 18,207 16,609 18,207 0 67,632 67,632 18.79 11,041 34,276 338,427 394,737 338,427 399,740 1,005,121 461,210 1,466,331 CHRONIC DISEASE PREVENTION PRO (210) 0.68 2,418 575 12,879 15,022 12,879 15,023 49,640 6,163 65,803 WIC (2111) 8.90 6,461 30,609 124,787 146,649 124,787 145,648 540,671 0 540,671 TOBACCO USE INTERVENTION (212) 0.00 0 0 0 0 0 0 0 0 0 WIC BREASTFEEDING PEER COUNSELING (21W2) 0.74 0 1,560 12,373 14,431 12,373 14,431 53,608 0 53,608 FAMf1LYPLANNING (223) 7.88 1,304 2,123 117.510 137,062 117,610 137.062 246,417 262,727 509,144 IMPROVED PREGNANCY OUTCOME (225) 0.00 0 0 0 0 0 0 0 0 0 HEALTHY START PRENATAL (227) 0.06 63 126 683 797 683 797 0 2,960 2,960 COMPREHENSIVE CHILD HEALTH (229) 16.02 2,413 6,100 239,770 279,663 239,770 279,663 0 1,038,866 1,038,866 HEALTHY START CHILD (231) 0.00 0 0 0 0 0 0 0 0 0 SCHOOL HEALTH (234) 5.67 0 26,064 81,028 94,609 81,028 94,508 351,073 0 361,073 COMPREHENSIVE ADULT HEALTH (237) 29.43 3,631 10,300 622,102 608,968 522,102 608,968 916,417 1,945,723 2,262,140 COMMUNITY HEALTH DEVELOPMENT (238) 2.38 0 4,064 39,717 46,326 39,717 46,924 172,083 0 172,083 DENTAL HEALTH (240) 11.91 3,630 6,609 208,873 243,626 208,873 243,624 160,491 754,604 904,995 PRIMARY CARE SUBTOTAL 82.57 19,900 88,029 1,359,722 1,686,951 1,369,722 1,686,948 1,880,400 4,010,943 6,891,343 C. ENVIRONMENTAL HEALTH: Water and Omits Sewage Programa COSTAL BEACH MONITORING (347) 0.19 147 147 6,310 6,194 6,310 6,194 22,922 86 23,008 LIMITED USE PUBLIC WATER SYSTEMS (357) 0.28 44 506 6,058 5,900 5,058 6,900 19,290 2,626 21,916 PUBLIC WATER SYSTEM (358) 0.09 1 239 1,548 1,805 1,648 1,804 17 6,688 6,705 PRIVATE WATER SYSTEM (369) 1.24 7 1,444 20,251 23,621 20,251 23,621 238 87,606 87,744 ONSITE SEWAGE TREATMENT & DISPOSAL (361) 6.26 1,351 6,178 92,786 108,223 92,786 108,223 394,760 7,268 402,018 Group Total 8.06 1,550 7,614 124,963 145,743 124,953 146,742 437,227 104,164 541,391 Facility Program TATTOO FACILITY SERVICES (344) FOOD HYGIENE (348) 0.09 0 34 1,326 1,647 1,326 1,646 6,713 32 6,745 0.69 126 609 9,476 11,051 9,475 11,050 40,737 314 91,051 Altachment II_Part III - Page 1 of 2 P227 ,✓ t ,e "�i J��="'i2Y''�J�`Q'..`..... ;'� ATTACHId$NT r¢4 s '' 4.4.NAk.. up s 1` ' '- w,., '`' G.a ` .�i•. <, RIVE$ COUNV THDEEAITTMENT+ �g��aIII PannedStaffingChentaServce andEspenditureeBy rSe viceAreWitnA,0Oberu,-04 to a 802 8 � * .. ' . - .,, .� ante nditvre Pla 2nd Wholeldollar; BODY PIERCING FACILITIES SERVICES (349) GROUP CARE FACILITY (351) MIGRANT LABOR CAMP (362) HOUSING & PUB. BLDG. (353) MOBILE HOME AND PARK (354) POOLS/BATHING PLACES (360) BIOMEDICAL WASTE SERVICES (364) TANNING FACILITY SERVICES (369) Group Total Groundwater Contamination 0.02 4 9 406 473 406 473 1,747 11 1,758 0.33 69 134 6,213 6,080 6,213 6,081 3,169 19,428 22,587 0.05 3 20 966 1,126 966 1,126 4,161 23 4,184 0.11 0 32 1,940 2,263 1,940 2,263 21 8,386 8,406 0.18 66 144 2,716 3,168 2,716 3,167 11,703 64 11,767 1.03 364 1,107 16,471 19,211 16,471 19.212 70,396 969 71,365 0.50 286 318 7,573 8,833 7,573 8,832 32,483 328 32,811 0.01 4 8 268 302 258 302 1,115 5 1,120 2.91 921 2,315 46,344 54,054 46,344 54,052 171,235 29,659 200,794 STORAGE TANK COMPLIANCE SERVICES (355) 0.00 0 0 0 0 0 0 0 0 0 SUPERACTSERVICES (366) 0.11 63 91 1,869 2,180 1,869 2,179 8,048 49 8,097 Group Total 0.11 63 91 1,869 2,180 1,869 2,179 8,048 49 8,097 Community Hygiene COMMUNITY ENVIR. HEALTH (346) 0.10 0 186 1,312 1,630 1,312 1,531 1,452 4,233 6,685 INJURY PREVENTION (346) 0.00 0 0 0 0 0 0 0 0 0 LEAD MONITORING SERVICES (350) 0.00 0 0 0 0 0 0 0 0 0 PUBLIC SEWAGE (362) 0.26 1,281 169 3,900 4,648 3,900 4,548 43 16,853 16,896 SOLID WASTE DISPOSAL SERVICE (363) 0.01 0 4 142 166 142 167 8 609 617 SANITARY NUISANCE (365) 0.12 24 12 2,449 2,856 2,449 2,857 24 10,687 10,611 RABIES SURVEILLANCE (366) 0.18 41 104 3,121 3,641 3,121 3,641 34 13,490 13,624 ARBORVIRUS SURVEIL (367) 0.00 0 0 97 • 114 97 114 354 68 422 RODENT/ARTHROPOD CONTROL (368) 0.00 0 0 21 26 21 26 0 92 92 WATER POLLUTION (370) 0.18 0 143 4,499 6,248 4,499 5,248 36 19,458 19,494 INDOOR AIR (371) 0.16 0 87 2,809 3,276 2,809 3,275 28 12,141 12,169 RADIOLOGICAL HEALTH (372) 0.00 0 0 9 11 9 11 0 40 40 TOXIC SUBSTANCES (373) 0.16 6 21 2,789 3,263 2,789 3,252 28 12,055 12,083 Group Total 1.15 1,352 676 21,148 24,668 21,148 24,669 2,007 89,626 91,633 ENVIRONMENTAL HEALTH SUBTOTAL 12.23 3,886 10,696 194,314 226,646 194,314 226,642 618,517 223,398 841,916 D. NON -OPERATIONAL COSTS: NONOPERATIONAL COSTS (699) 1.00 0 0 14,931 17,416 14,931 17,416 0 64,692 64,692 ENVIRONMENTAL HEALTH SURCHARGE (399) 0.00 0 0 6,975 8,136 6,976 8,136 30,222 0 30.222 MEDICAID BUYBACK (611) 0.00 0 0 1,731 2,019 1,731 2,019 7,600 0 7,600 NON -OPERATIONAL COSTS SUBTOTAL 1.00 0 0 23,637 27,670 23,637 27,570 37,722 64,692 102,414 TOTAL CONTRACT 114.69 34,827 132,900 1,916,100 2,234,903 1,916,100 2,234,900 3,641,760 4,760,243 8,302,003 Atlachment_IL Part_lll - Page 2 of 2 P228 ATTACHMENT III INDIAN RIVER COUNTY HEALTH DEPARTMENT CIVIL RIGHTS CERTIFICATE The applicant provides this assurance in consideration of and for the purpose of obtaining federal grants, loans, contracts (except contracts of insurance or guaranty), property, discounts, or other federal financial assistance to programs or activities receiving or benefiting from federal financial assistance. The provider agrees to complete the Civil Rights Compliance Questionnaire, DH Fomis 946 A and B (or the subsequent replacement if adopted during the contract period), if so requested by the department. The applicant assures that it will comply with: 1. Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C., 2000 Et seq., which prohibits discrimination on the basis of race, color or national origin in programs and activities receiving or benefiting from federal financial assistance. 2. Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794, which prohibits discrimination on the basis of handicap in programs and activities receiving or benefiting from federal financial assistance. 3. Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. 1681 et seq., which prohibits discrimination on the basis of sex in education programs and activities receiving or benefiting from federal financial assistance. 4. The Age Discrimination Act of 1975, as amended, 42 U.S.C. 6101 et seq., which prohibits discrimination on the basis of age in programs or activities receiving or benefiting from federal financial assistance. 5. The Omnibus Budget Reconciliation Act of 1981, P.L. 97-35, which prohibits discrimination on the basis of sex and religion in programs and activities receiving or benefiting from federal financial assistance. 6. All regulations, guidelines and standards lawfully adopted under the above statutes. The applicant agrees that compliance with this assurance constitutes a condition of continued receipt of or benefit from federal financial assistance, and that it is binding upon the applicant, its successors, transferees, and assignees for the period during which such assistance is provided. The applicant further assures that all contracts, subcontractors, subgrantees or others with whom it arranges to provide services or benefits to participants or employees in connection with any of its programs and activities are not discriminating against those participants or employees in violation of the above statutes, regulations, guidelines, and standards. In the event of failure to comply, the applicant understands that the grantor may, at its discretion, seek a court order requiring compliance with the terms of this assurance or seek other appropriate judicial or administrative relief, to include assistance being terminated and further assistance being denied. Attachment_III - Page 1 of 1 P229 Attachment IV Fiscal Year - 2017 - 2018 Indian River County Health Department Facilities Utilized by the County Health Department Employee Count (FTE/OPS/ Contract) 100.99 cc) ri r- �, d CO it 36,475 N a, O Complete Legal Name of Owner Board of County Commissioners for Indian River County Indian River County Hospital District Type of Agreement (Private Lease thru State or County, other - please define) County Owned Indian River County Hospital District Lease/ Agreement Number z z Facility Description And Offical Building Name (if applicable) (Admin, Clinic, Envn Hlth, etc.) Administration, HR, Clinic, Vital Statistics, Envn Health, WIC 0 c V , Complete Location (Street Address, City, Zip) 1900 27th Street, Vero Beach, Florida, 32960-3383 4675 28th Court, Vero Beach, Florida, 32967-1330 Does not include schools, jails or other facilities where DOH/CHD staff are out -posted or sites where services are provided on an episodic basis. P230 CONTRACT YEAR 2016-2017' 2017-2018** 2018-2019*** 2019-2020*** PROJECT TOTAL PROJECT NUMBER: PROJECT NAME: LOCATION/ADDRESS: $ ATTACHMENT V INDIAN RIVER COUNTY HEALTH DEPARTMENT SPECIAL PROJECTS SAVINGS PLAN N/A CASH RESERVED OR ANTICIPATED TO BE RESERVED FOR PROJECTS STATE 0 $ 0 $ 0 $ 0 $ 0 $ COUNTY TOTAL 0 $ 0 $ 0 $ 0 $ 0 $ SPECIAL PROJECTS CONSTRUCTION/RENOVATION PLAN 0 0 0 0 0 PROJECT TYPE: NEW BUILDING ROOFING RENOVATION PLANNING STUDY NEW ADDITION OTHER SQUARE FOOTAGE: 0 PROJECT SUMMARY: Describe scope of work In reasonable detail. START DATE (Initial expenddure of funds) : COMPLETION DATE: DESIGN FEES: $ 0 CONSTRUCTION COSTS: $ 0 FURNITURE/EQUIPMENT: $ 0 TOTAL PROJECT COST: $ 0 COST PER SQ FOOT: $ 0 Special Capital Projects are new construction or renovation projects and new furniture or equipment associated with these projects and mobile health vans. Cash balance as of 9/30/17 '* Cash to be transferred to FCO account. **' Cash anticipated for future contract years. Attachment_V - Page 1 of 1 P231 CONSENT AGENDA INDIAN RIVER COUNTY, FLORIDA BOARD MEMORANDUM TO: Jason E. Brown County Administrator THROUGH: Richard B. Szpyrka, P.E. Public Works Director FROM: James D. Gray, Jr. Coastal Engineer SUBJECT: Release of Retainage - Work Order No. 3 Morgan & Eklund, Inc. 2017 Beach Profile Monitoring Surveys (SUMMER) DATE: August 30, 2017 DESCRIPTION AND CONDITIONS On October 4, 2016, the Board approved a contract with Morgan and Eklund, Inc. (M&E) for Professional Land Surveying and Mapping Services for a two-year term. The Board amended the Contract on October 18, 2016. M&E is the selected County Consultant for professional onshore/offshore hydrographic surveying services. On June 13, 2017, the Board approved Work Order No. 3 to this contract for services related to semiannual hydrographic surveying (beach profile) for the countywide shoreline monitoring program. Specifically, Work Order No. 3 was for summer 2017 beach profile surveys in the amount of $55,000 and included 3 separate tasks and 3 separate project accounts. To date all tasks are 100% complete. The total amount of retainage withheld under Work Order No. 3, over 3 separate accounts, is $5,500. Task 1: Summer 2017 Sector 3 Beach and Dune Restoration Project Post Construction Monitoring Survey (R -20-R-60) Task 1 totaled $22,550. The total amount of retainage withheld is $2,255. Task 2: Summer 2017 Sector 7 Post Construction Monitoring (R -97-R-108) Task 2 totaled $6,600. The total amount of retainage withheld is $660. Task 3: Summer 2017 Countywide Beach Monitoring (R-61 — R-96 and R -109-R-119) Task 3 totaled $25,850. The total amount of retainage withheld is $2,585 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@1426BEB9\ n CL@1426BEB9.docx P232 Page 2 BCC Agenda Item September 12, 2017 FUNDING Local funding of Beach Restoration includes a portion of Local Option Tourist Tax Revenue as well as allocation of the One Cent Sales Tax. Funding for the release of retainage will be provided from three (3) separate retainage accounts. Task 1: Summer 2016 Sector 3 Beach and Dune Restoration Project Post Construction Monitoring Survey (R -20-R-60) The total amount of retainage withheld is $2,255, Account No. 128-206002-05054. Task 2: Summer 2016 Sector 7 Post Construction Monitoring (R -97-R-108) The total amount of retainage withheld is $660, Account No. 128-206002-05079. Task 3: Summer 2016 Countywide Beach Monitoring (R-61 — R-96 and R -109-R-119) The total amount of retainage withheld is $2,585, Account No. 128-206002-01024. RECOMMENDATION Staff recommends the Board approve the release of all withheld retainage under Work Order No. 3 in the amount of $5,500. ATTACHMENT Morgan and Eklund, Inc. Invoice No. 1-17-1878, dated August 8, 2017. APPROVED AGENDA ITEM FOR: SEPTEMBER 12, 2017 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL n 1426BEB9\@BCL@1426BEB9.docx P233 M & E Morgan & Eklund, Inc. 8745 U.S. Highway 1 P.O. Box 701420 Webasso, Florida 32970 August 8, 2017 Indian River County Attn: Mr. James Gray, Jr. 1801 27th Street, Building A Vero Beach, FL 32960 FINAL INVOICE Invoice #: 1-17-1818 Commission #: 5315.34 Work Order No.3 Contract No. 1605 Phone: 772-388-5364 Fax: 772-388-3165 RE: Invoice for Summer 2017 Indian River County Coastal Monitoring Survey; Onshore/Offshore Profiles along FDEP Range Lines R-20 to R-119 (100 Lines) Retainage Due Inv #1-17-1864 $22,550 less 10% Retainage $ 2,255.00 Retainage Due Inv #1-17-1877 $32,450 less 10% Retainage $ 3,245.00 Total Invoice Amount Due $ 5,500.00 $ 2� z SS - Ref 111410P PKcoair A/0. 1 2 8- 20600 2 - OSOS4 $ 660 -Rl 4116E 1+ccfx,lU AO. X28-2oea? —OSof9 F 2,sSS- geraiMlif iuoocu k ►2S -2O t2t!- o/oz4 INDIAN RIVER COUNTY PUBLIC WORKS APPROVED DATE DIRECTOR DIV. HEAD JOG 8 30 P.O. # ACCT. # SEE A60bE Terms: Net 30 Days ** Please remit payment to our Wabasso PO Box. Thank you. P234 Carole Jean Jordan, CFC g P Tax. Collector MEMORANDUM TO.: Jason Brown, County Administra •r FROM: Carole Jean Jordan, Tax CoII SUBJECT: Consent Agenda Item DATE: August 14, 2017 "How MAY WE HELP You?" Please place the following item on the Consent Agenda for the Board of County Commissioners meeting on Tuesday, September 12, 2017. The Property Appraiser's office has informed us that due to the scheduling of the Value Adjustment Board hearings, it will be necessary for them to. certify the 2016 tax roll to us prior to the conclusion of the hearings. Pursuant to Florida Statute 1.97.323, (see attached excerpt), I am requesting that the Indian River County Board of County Commissioners order the tax roll to be extended prior to the completion of the. Value Adjustment Board hearings. The statute gives the Board this authority if completion of the hearings would otherwise be the only cause for a delay in the issuance of tax notices beyond November 1, 2017. Should you have questions or if I may be of any assistance, please feel free to contact me at extension 1337. Thank you for your attention to this matter. 1800 27th Street, Bldg. B, Vero Beach, FL 32960-0310 E -nail: HowMavWeHelpYouPIRCTax.com a Website: www.IRCTax.com Phone: (772) 226-1338 Fax (772) 770-5009 P235 Stafat<-,,,e...Constitution :View Statutes : Online Sunshine http://www.leg.state.fl.us/statutes/index.cfm?mode=View Statutes&... 1 of 1 Select Year: 2017 The 2017 Florida Statutes Title XIV Chapter 197 View Entire Chapter TAXATION AND FINANCE TAX COLLECTIONS, SALES, AND LIENS 197.323 Extension of roll during adjustment board hearings.— (1) Notwithstanding the provisions of s. 193.122, the board of county commissioners may, upon request by the tax collector and by majority vote, order the roll to be extended prior to completion of value adjustment board hearings, if completion thereof would otherwise be the only cause for a delay in the issuance of tax notices beyond November 1. For any parcel for which tax liability is subsequently altered as a result of board action, the tax collector shall resolve the matter by following the same procedures used for correction of errors. However, approval by the department is not required for refund of overpayment made pursuant to this section. (2) A tax certificate or warrant shall not be issued under s. 197.413 or s. 197.432 with respect to delinquent taxes on real or personal property for the current year if a petition currently filed with respect to such property has not received final action by the value adjustment board. History.—s. 156, ch. 85-342; s. 163, ch. 91-112. Copyright O 1995-2017 The Florida Legislature • Privacy Statement • Contact Us 8/9/2017 2:50 PM P236 Consent Agenda Indian River County Interoffice Memorandum Office of Management & Budget To: Members of the Board of County Commissioners From: Michael Smykowski Director, Office of Management & Budget Date: September 1, 2017 Subject: Miscellaneous Budget Amendment 023 Description and Conditions 1. On August 15, 2017 the Board of County Commissioners approved additional Esri ArcGIS Server Core software licenses totaling $60,000. Exhibit "A" appropriates the funding from Transportation Fund, Building Department and Utilities Cash Forward -Oct 1st and Reserve for Contingency from General Fund, MSTU Fund and Emergency Services Fund. 2. On August 15, 2017 the Board of County Commissioners approved the Sheriffs Office request to purchase $25,036 worth of equipment from the Florida Contraband Forfeiture Act program generated income (PGI) fund. Exhibit "A" appropriates the funding. 3. The Indian River Coastal Division has received donations totaling $915.00. Exhibit "A" appropriates the funding into Other Operating Supplies. 4. A prior year missed payment to the Medical Examiner was made in the current year. Exhibit "A" appropriates the payment of $27,017 from General Fund/Cash Forward -Oct 1st 5. On July 11, 2017 the Board of County Commissioners approved payment of expert witness fees for Laurel Homes 66th Avenue parcel in the amount of $121,965. Exhibit "A" appropriates the funding from Optional Sales Tax/Cash Forward -Oct 1st 6. On July 18, 2017 the Board of County Commissioners approved the demolition and removal of unsafe structures. Exhibit "A" appropriates funding of $20,000 from the MSTU Fund/Reserve for Contingency. 7. The mailroom is requesting an additional $20,000 in their telephone account. This is primarily due to long distance overages. Exhibit "A" appropriates the funding from General Fund/Cash Forward -Oct 1st 8. On May 9, 2017, the Board of County Commissioners approved award of contract for Lateral D Canal Restoration. Exhibit "A" appropriates the funding of $165,701 from Transportation Fund/Cash Forward -Oct 1st P237 RESOLUTION NO. 2017- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FISCAL YEAR 2016-2017 BUDGET. WHEREAS, certain appropriation and expenditure amendments to the adopted Fiscal Year 2016-2017 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 2016-2017 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 2016=2017 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, Joseph E. Flescher Vice Chairman, Peter D. O'Bryan Commissioner, Susan Adams Commissioner, Bob Solari Commissioner, Tim Zorc The Chairman thereupon declared this Resolution duly passed and adopted this day of , 2017. INDIAN RIVER COUNTY, FLORIDA Attest: Jeffrey R. Smith Board of County Commissioners Clerk of Court and Comptroller By By Deputy Clerk Joseph E. Flescher, Chairman BY APPROVED AS TO FORM AND LEGAL SUFFICIENCY COUNTY ATTORNEY P238 Resolution No. 2017 - Budget Office Approval: Exhibit "A" Michael Smykowski, Budget Director Budget Amendment: 023 Entry Number Fund/ Department/Account Name Account Number Increase Decrease 1. Revenue Transportation Fund/Cash Forward -Oct 1st 111039-389040 $7,660 $0 Building Dept./Cash Forward -Oct 1st 441039-389040 $3,191 $0 Utilities Dept./Cash Forward- Oct 1st 471039-389040 $24,575 $0 Expense General Fund/GIS/GIS Inter -dept. Charges 00110319-036991 $11,458 $0 General Fund/Reserves/Reserve for Contingency 00119981-099910 $0 $11,458 MSTU/Planning/GIS Inter -dept. Charges 00420515-036991 $7,660 $0 MSTU/Reserves/Reserve for Contingency 00419981-099910 $0 $7,660 Transportation Fund/Public Works/GIS Inter -dept. Charges 11124319-036991 $7,660 $0 Emergency Services District/Fire Rescue/Reserve for Contingency 11412022-099910 $0 $5,426 Emergency Services District/Fire Rescue/GIS Inter -dept. Charges 11412022-036991 $5,426 $0 Building Department/GIS Inter -dept. Charges 44123324-036991 $3,191 $0 Utilities Dept./General & Engineering/GIS Inter -dept. Charges 47123536-036991 $24,575 $0 2. Revenue MJLETF/Cash Forward -Oct 1st 126039-389040 $25,036 $0 Expense MJLETF/Sheriff/Law Enforcement 12660021-099040 $25,036 $0 3. Revenue Beach Restoration/Other Contributions -Donations 128038-366090 $915 $0 Expense Beach Restoration/Other Operating Supplies 12814472-035290-16035 $915 $0 4. Revenue General Fund/Cash Forward -Oct 1st 001039-389040 $27,017 $0 Expense General Fund/Medical Examiner 00190727-033120 $27,017 $0 1 of 2 P239 Resolution No. 2017 - Budget Office Approval: Exhibit "A" Michael Smykowski, Budget Director Budget Amendment: 023 Entry Number Fund/ Department/Account Name Account Number Increase Decrease 5. Revenue Optional Sales Tax/Cash Forward -Oct 1st 315039-389040 $121,965 $0 Expense Optional Sales Tax/ROW/66th Ave/12th St to SR 60 31521441-066120-06021 $121,965 $0 6. Expense MSTU/Road & Bridge/Other Contractual Services 00421441-033490 $20,000 $0 MSTU/Reserves/Reserve for Contingency 00419981-099910 $0 $20,000 7. Revenue General Fund/Cash Forward -Oct 1st 001039-389040 $20,000 $0 Expense General Fund/Mailroom/Telephone 00125119-034110 $20,000 $0 8. Revenue Transportation Fund/Cash Forward -Oct 1st 111039-389040 $165,701 $0 Expense Transportation Fund/Stormwater/Other Contractual Services/Hurricane Mathew 11128138-033490-17001 $165,701 $0 2 of 2 P240 CONSENT AGENDA Indian River County Board of County Commissioners General Services Department 1800 27'x' Street, Vero Beach, Florida 32960 Telephone: 772-226-1223 Fax: 772-589-6119 MEMORANDUM Date: September 1, 2017 To: Honorable Board of County Commissioners Thru: Jason E. Brown, County Administrator Michael Smykowski, Office of Management and Budget Michael C. Zito, Assistant County Administrator/ General Services Director From: Anne Shepherd, Library Director Subject: State Aid to Libraries New Library Director Grant Certification of Credentials Form DLIS/SA01 DESCRIPTION The State of Florida requires that a new Library Director be certified as holding a Master's degree in Library Science and have appropriate experience. On May 26, 2017, Anne Shepherd, accepted and began employment as the Indian River County Library System's Director. She has extensive experience in Library Management, and has held a Master's Degree in Library Science for over 25 years with Permanent Librarian Certification from three States. FUNDING SOURCE This document certifies the Indian River County Library Director meets requirements for applying for and obtaining state funds. No Funding is required on this action. RECOMMENDATIONS: Staff recommends Board of County Commission authorize Chairman to sign the State Aid to - Libraries Grant Certification of Credentials documents certifying Anne Shepherd meets qualifications. ATTACHMENTS: Certification Form DLIS/SA01 DISTRIBUTION Anne Shepherd, Library Director C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@7C14E79E\@BCL@7C 14E79E.docxG.S. Request for Consideration BR P241 FLORIDA DEPARTMENT OF STATE DIVISION OF LIBRARY AND INFORMATION SERVICES STATE AID TO LIBRARIES GRANT APPLICATION Certification of Credentials — Single Library Administrative Head The Board of County Commissioners of Indian River County (Name of library governing body) governing body for the Indian River County Library System (Name of library) hereby certifies that the incumbent single library administrative head, Anne M. Shepherd (Name of incumbent) • Has completed a library education program accredited by the American Library Association; • Has at least two years full-time paid professional experience, after completing the library education program, in a public library open to the public for a minimum of 40 hours per week; • Is employed full time by the library's governing body; • Is responsible for the overall management or coordination of the library within the framework established by interlocal or other agreements, plans, policies and budgets; • Is responsible for developing a single long-range plan for all library outlets, a single annual plan of service and a budget; and • Is responsible for implementing the long-range plan, annual plan of service and budget as well as preparing reports on behalf of the library. Signature Chair, Library Governing Body Date Name (Typed) State Aid to Libraries Grant Certification of Credentials (Form DLIS/SA01) Chapter 1B -2.011(2)(a), Florida Administrative Code, Effective 07/2017 Page 1 of 1 P242 Date: To: From: Prepared By: Subject: Consent Agenda INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES September 1, 2017 Jason E. Brown, County Administrator Vincent Burke, P.E., Director of Utility Services Arjuna Weragoda, PE, Capital Projects Manager Work Order No. 15 with Kimley-Horn and Associates for the Control System Implementation for Well No. 4 and 7 at South County RO Plant (SCRO) DESCRIPTIONS AND CONDITIONS: Indian River County Department of Utility Services (IRCDUS) owns and operates six (6) Floridan supply wells that are the raw water supply and source water for the SCRO water treatment facility located on Oslo Road. These wells are the lifeblood of the treatment facilities, and maintaining efficient operation of these well fields is critical to the sustainability of the water system. On July 12, 2016, the Indian River County Board of County Commissioners (BCC) approved the award of bid to All Webbs Enterprises, Inc. for the rehabilitation of wells S3, S4, S5, and S6 to restore capacity and reliability of the raw water supply wells to the water treatment plant and to construct a new well 57. During the initial phases of rehabilitation of well S4, it became apparent that the existing PVC casing was damaged significantly from previous work to the extent of not being salvageable. Therefore, on April 4, 2017, the BCC approved Change Order No. 1 to All Webb's contract to include the construction of a new well S -4R in the same vicinity as the old. Currently, completion of well S7 is scheduled for the end of October 2017. Each of the new well designs include variable frequency drives (VFD) and fiber optic (FO) communication, which is a more robust and reliable system over the existing radio telemetry (RTU) systems currently in place at all of the existing wells. With the FO design, additional programming is necessary at both the water plant and well sites to provide direct communication with the water plant Programmable Logic Control (PLC). Integration of control and monitoring of these wells with the other wells is the last element needed to provide full operation of these two wells. Once complete, two of the seven wells at SCRO will have direct, more reliable communication with plant and wells S7 and S -4R. ANALYSIS: Staff requested that Kimley-Horn prepare a proposal for the integration and continuous monitoring of the two new wells for flow, water level, pump speed and control of pump operation through the existing plant PLC via Human Machine Interface (HMI) for the two new wells at the SCRO water treatment plant. The scope is more specifically described in the attached Work Order No. 15. On November 4, 2014, the BCC approved the Extension and Amendment of the Continuing Contract Agreement for Professional Services with Kimley-Horn and Associates. The total negotiated cost for the control system implementation is outlined in Work Order No. 15 for a lump sum amount of $24,992.00. C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@ 641D3B79\@BCL@641D3B79.docx P243 FUNDING: Funding for Work Order No. xx is available in the SCRO Well No. 4 and 7 Account within the Utilities Operating Fund. Operating funds are derived from water and sewer sales. Description Account Number Amount SCRO New Well S -4R and S7 471-169000-14506 $24,992.00 RECOMMENDATION: Staff recommends approval of the attached Work Order No. xx authorizing the above-mentioned professional services and requests the Indian River County Board of County Commissioners to authorize the Chairman to execute the attached Work Order No. 15 on their behalf for a sum amount of $24,992.00 to Kimley-Horn and Associates. ATTACHMENT(s): 1. Work Order No. 15 and supporting documents (6 Pages) P244 WORK ORDER NUMBER 15_ South Oslo Rd WTP Floridan Well S-7 and S-4 Control System Implementation This Work Order Number 15 is entered into as of this 12th day of September, 2017, pursuant to that certain Continuing Contract Agreement for Professional Services, dated November 15, 2011, and that certain Extension and Amendment of Continuing Contract Agreement for Professional Services entered into as of this 4' day of November, 2014 (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Kimley-Horn and Associates, Inc. ("Consultant"). The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit A (Scope of Work), attached to this Work Order and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit B (Fee Schedule), attached to this Work Order and made a part hereof by this reference. The Consultant will perform the professional services within the timeframe more particularly set forth in Exhibit A (Time Schedule), attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT: Kimley-Horn By: Title: By: BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY Joseph E. Flescher, Chairman BCC Approved Date: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Approved: Approved as to form and legal sufficiency: Deputy Clerk Jason E. Brown, County Administrator Dylan T. Reingold, County Attorney P245 EXHIBIT A WORK ORDER] Indian River County Department of Utility Services South Oslo Rd Water Plant Well S-7 and S4 Control System Implementation PROJECT UNDERSTANDING Indian River County Utilities (IRCU) awarded construction of the South Oslo Rd water plant well S-7 and the replacement of well S-4 to All Webbs Enterprises, Inc. on July 12, 2016. Currently, completion of well S7 is scheduled for end of October 2017. Each of the new well designs include variable frequency drives (VFD) and fiber optic (FO) communication which is an improvement and more robust and reliable system over the existing radio telemetry (RTU) systems currently in place at all of the existing wells. With VFD's, flow can be varied and controlled via the water plant which is currently not available with the existing wells. With the FO design, additional programming is necessary at both the water plant and wellsites to provide direct communication with the water plant PLC. Integration of control and monitoring of these wells with the other wells is the last element needed to provide full operation of these two wells. Once complete, two of the seven wells will have direct communication with plant and wells 7 and 4. The following scope consists of modifying the existing plant PLC and HMI to allow monitoring of flow, water level, and pump speed, and control of the pump operation. Coordination and commissioning of the wellsite PLC and VFD communication will also be provided. Consultant will utilize the services of Control Systems Design, Inc. (CSD), to perform the programming and commissioning, who has extensive knowledge of the IRCU water plant SCADA systems. SCOPE OF WORK TASK 1- WELL S-7 AND S-4 PROGRAMMING Consultant and CSD will review submittals of new control panel and modifications to well 7, well 4, and the main PLC panel in the control room. After finalization of the submittals from all vendors, Consultant and CSD will create modifications for changes to the main processors to accept the additional RIO K:\WPB_Civil\044572039 - SCRO Well S-4 Replacement\Admin\Exhibit A Well S7 and S4 SCADA Programming 8.15.17.docxPage 1 of 3 P246 panel for each of the wells via the DH+ to ethernet bridge in the main PLC and incorporate these well controls into the existing well/train logic for control of these systems. Consultant and CSD will implement the changes onsite to the main PLC, load the new PLC and establish communications and verify communications and operability. Consultant and CSD will modify the SCADA system database to add all new points relative to the new systems, any older or modified systems to establish a complete interface. Consultant and CSD will Commission all I/O, startup and checkout the system, based on 1 day onsite and follow-up remotely. Consultant and CSD will provide warranty service for one year after startup. SCHEDULE In general, consultant will work as expeditiously as possible and concurrent with well contractors schedule. FEE SCHEDULE We will provide these services in accordance with our Continuing Services Contract Agreement for Professional Services dated November 15, 2011, with Indian River County, expiring November 16th, 2017. The Consultant will provide professional services for Task 1 on a lump sum fee basis as follows: Task No. Task Task Fee TASK 1 WELL S-7 AND S-4 PROGRAMMING $24,992 TOTAL $24,992 ADDITIONAL SERVICES The following services are not included in the Scope of Services for this project, but may be required depending on circumstances that may arise during the execution of this project. Additional services include, but may not be limited to the following: K:\WPB_Civi1\044572039 - SCRO Well S-4 Replacement \Admin\Exhibit A Well S7 and S4 SCADA Programming 8.15.17.dooxPage 2 of 3 P247 • Revamp or upgrade to other communication systems. • Redesign of PLC hardware and panel replacements or upgrades based on actual conditions at the time of implementation. ITEMS FURNISHED BY OWNER The following items will be furnished by the Owner and are necessary for completion of the tasks described herein. • Access to facilities and open discussions with County IS integrator. • Copies of all drawings depicting the present scada system and network. • Copies of all scada/County networking present and planned. K:\WPB_CiviIW44572039 - SCRO Well S-4 Replacement \Admin\Exhibit A Well S7 and S4 SCADA Programming 8.15.17.doexPage 3 of 3 P248 DESCRIPTION HOURS LABOR IRC South Plant Well 7 Addition 1 Submittal review of new control panel and modifications to well 7 and the main PLC panel in 4 $ 600.00 the control room. After finalization of the submittals from all vendors, create modifications for changes to the 2 main processors to accept the additional RIO panel for each of the wells via the DH+ to 20 $ 2,500.00 ethernet bridge in the main PLC and incorporate these well controls into the existing well/train logic for control of these systems. 3 Implement the changes onsite to the main PLC, load the new PLC and establish 15 $ 1,875.00 communications and verify communications and operability. 4 Modify the scada system database to add all new points relative to the new systems, any older or modified systems to establish a complete interface. 5 Commission all I/O, startup and checkout the entire system, based on 1 day onsite and followup remotely. 6 Provide warranty service for one year after startup TOTAL IRC South Plant Well 4 Addition 15 $ 1,875.00 16 $ 2,000.00 10 $ 1,250.00 80 $ 10,100.00 1 Submittal review of new control panel and modifications to well 7 and the main PLC panel in 10 $ 1,500.00 the control room. After finalization of the submittals from all vendors, create modifications for changes to the 2 main processors to accept the additional RIO panel for each of the wells via the DH+ to 20 $ 2,500.00 ethernet bridge in the main PLC and incorporate these well controls into the existing well/train logic for control of these systems. 3 4 5 Implement the changes onsite to the main PLC, load the new PLC and establish communications and verify communications and operability. Modify the scada system database to add all new points relative to the new systems, any older or modified systems to establish a complete interface. Commission all I/O, startup and checkout the entire system, based on 1 day onsite and followup remotely. 6 Provide warranty service for one year after startup TOTAL 15 $ 1,875.00 15 $ 1,875.00 16 $ 2,000.00 10 $ 1,250.00 86 $ 11,000.00 GRAND TOTAL FOR BOTH SITES 166 $ 21,100.00 South RO Wells 7 and 4 Upgrades Quotation as of 8/1/2017 - Page 1 of 1 P249 ESTIMATE FOR ENGINEERING SERVICES PROJECT: IRCU SCADA REMEDIATION PHASE 1-4 SHEET 1 OF 1 CLIENT: Indian River County Utilities FILE NO. ESTIMATOR: MDM DATE: 5/1/15 DESCRIPTION: ASSESSMENT & REMEDIATION DIRECT LABOR ( MAN-HOURS ) PRINC SEN PROF REG PROF JL/FH DES/ P3 (TH) CLK (TS/NB) EXP SUB Dir Exp (4.6%) LINE TOTAL NO.1 TASK 1 WELL S-7 AND S-4 PROGRAMMING • Coordination & startup oversight 10 14 $171 3,891 CSD $21,100 21,100 TOTAL HOURS 10 14 $21,100 $171 24,992 LABOR ($/HOUR) 235 225 150 105 96 SUBTOTAL $2,250 51,470 $3,720 IRCU SCADA Well 7 and 4 Programming MNHR.xls 8/1/2017 $24,991 $24,992 P250 Office of Consent Agenda 091121 2017 INDIAN RIVER COUNTY ATTORNEY rr Dylan Reingold, County Attomey William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney MEMORANDUM TO: Board of County Commissioners THROUGH: Richard B. Szpyrka, P.E., Public Works Directo FROM: William K. DeBraal, Deputy County Attorney DATE: September 6, 2017 SUBJECT: Assignment of Leases and Rents from Sebastian Corners Retail Center, LLC On September 5, 2017, the County and Sebastian Corners Retail Center, LLC closed on the purchase of real property that will become the site for the North County Office Complex. At the time of closing, four tenants remain in the building: Mattress Firm, Inc. Store #52123 Prime Communications, L.P., d/b/a AT&T A & R Cuban Hospitality, Inc., d/b/a Las Palmas Restaurant Sally Beauty Supply, LLC In accordance with the Agreement to Purchase and Sell Real Estate, the County is now the Landlord of these tenants and is entitled to receive the rental payments from the tenants. These tenants should be formally notified of the sale so the rental payments for September and October will be sent to the County instead of the previous owner. The attached Assignment of Leases and Rents formally provides notice to the tenants. Even though Dollar Tree Stores, Inc: has not renewed its lease and is relocating, it is included on the assignment in case its lease needs to be enforced by the County. It should be noted that Mattress Firm, AT&T and Sally Beauty Supply have their corporate headquarters in the Houston, Texas area and were affected by the flooding. Therefore, the Assignment provides for cooperation between the former owner and the County in case future rental payments are mailed to the former owner. Funding. There is no funding associated with this matter. Recommendation. Staff recommends the Board approve the Assignment of Leases and Rents from Sebastian Corners Retail Center, LLC, and authorize the. Chairman to execute the document on behalf of the Board. Attachment: Assignment of Leases and Rents from Sebastian Corners Retail Center, LLC P251 ASSIGNMENT OF LEASES AND RENTS jI'HIS ASSIGNMENT OF LEASES AND RENTS ("Assignment") is entered into as of the 5 day of September, 2017 by and between Sebastian Corners Retail Center, LLC, 426 S.E. 6th Street, Dania Beach, Florida 33004, a Florida Limited Liability Company, ("Seller") and Indian River County, 1801 27th Street, Vero Beach, FL 32960, a political subdivision of the State of Florida (the "County"): RECITALS WHEREAS, on July 18, 2017, Seller and County entered into an Agreement to Purchase and Sell Real Estate (the "Agreement") for the property located at 1919-1931 US Highway 1, Sebastian FL 32958 (the "Property") to serve as office space for the County's northern offices; and WHEREAS, Seller currently holds leases on the Property for the following tenants: Mattress Firm, Inc. #52123, Prime Communications, L.P., a Texas limited partnership, A & R Cuban Hospitality, Inc. a Florida corporation, Sally Beauty Supply, LLC, and Dollar Tree Stores, Inc.; and WHEREAS, it is the intent of the Seller and the County that the Tenants will continue to lease the Property on the same terms as those set forth in their various Existing Lease Agreements (Leases) except for Dollar Tree, whose lease expired on September 1, 2017 and is not renewing its lease; and WHEREAS, as part of the Agreement, the Seller will assign all of its right, title and interest in the Leases to the County on the same terms as those set forth in the Leases, including Dollar Tree, whose lease expired on September 1, 2017 and is not renewing its lease but the County may need to enforce the terms of the lease if Dollar Tree is a hold over tenant or if the County needs to enforce other sections of the lease against Dollar Tree. NOW THEREFORE, in consideration of the mutual undertakings herein and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree, as follows: 1. Recitals. The above recitals are true and correct and are incorporated herein. 2. Effective Date. Commencing on September 5, 2017, upon closing of the Agreement, Seller hereby assigns all of its right, title and interest in the Leases, including the right to receipt of rents, to the County on the same terms as those set forth in the Leases. 3. Coordination and Cooperation for September Payments. Three of the Tenants who will be affected by this Assignment have their headquarters in Texas, which has been drastically impacted by flooding caused by Hurricane/Tropical Storm Harvey. Even though the best efforts have been used to notify the Tenants of the sale of the Property, the Parties acknowledge that it may be weeks until flooded areas of Texas recover and are able to conduct business. Seller agrees to contact the County should Seller receive Page 1 of 4 P252 any rent payments for September or future month's rent from the Tenants and the Parties agree to work with the Tenants to have the September and future month's rent payments remitted to the County. The County agrees to coordinate with the Seller on any proration of the rent that may be due the Seller. The Parties agree to cooperate and execute any documents necessary to effectuate the terms of this Assignment. 4. Notification of Assignment. The County shall send a copy of this Assignment to the following Tenants at the below addresses as contained on their Leases: Mattress Firm, Inc. #52123 5815 Gulf Freeway Houston, TX 77023 Attn: Real Estate Department Prime Communications, L.P. Attn: Real Estate Department 12550 Reed Road, Suite 100 Sugar Land, TX 77478 and to realestate@primecomms.com 5. Future Rent Payments. All future rent payments Indian River County Attn. Finance Department 1801 27th Street Vero Beach, FL 32960 A & R Cuban Hospitality, Inc. d/b/a Las Palmas Restaurant 1923 Cleveland Street Palm Bay, FL 32905 Sally Beauty Supply LLC Real Estate Department Lease 10398 3001 Colorado Boulevard Denton, TX 76210 Dollar Tree Stores, Inc. Attn: Real Estate Department 500 Volvo Parkway Chesapeake, VA 23320 shall be remitted to: Tenants who wish to make payment via electronic methods are encouraged to contact the Finance Department at 772-226-1570. 6. Notices Concerning the Lease. All notices concerning the Lease and the Property should be directed to : Indian River County Attn. Public Works Director 1801 27th Street Vero Beach, FL 32960 (772) 226-3490 7. All other provisions of the various Existing Lease Agreements shall remain in full force and effect. Page 2 of 4 P253 IN WITNESS WHEREOF, the Seller has executed this Assignment this - day of September, 2017. SEBASTIAN CO By: Jay Dic . . ger Witnessed by; AIL CENTER, LLC Page 3 of 4 P254 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By: Joseph E. Fiescher, Chairman Date Approved: AITEST: Jeffrey R. Smith Clerk of the Court and Comptroller By: Deputy Clerk APPROVED AS TO FOAPPROVED: William K. DeBraal Jason E. Brown, County Adminisator Deputy County Attorney Page 4 of 4 P255 CONSENT INDIAN RIVER COUNTY MEMORANDUM TO: Jason Brown County Administrator FROM: Suzanne BoyII I/1 Human Resources Director DATE: September 6, 2017 SUBJECT: Approval of Agreement with Florida Blue for the County's Excess Loss/Reinsurance Policy BACKGROUND: The County is self-insured in its Group Medical Insurance Program and we carry a policy that reimburses the County for claims that exceed a specific limit. This type of policy is called a stop Toss policy, excess loss policy, or reinsurance policy. The County's current excess Toss/reinsurance policy is with Florida Blue and has a specific deductible of $300,000 for individual claims and an aggregate stop loss deductible of $148,750. The current annual premium for this policy is $497,193. ANALYSIS: Florida Blue provided renewal options on August 2, 2017. Each of the renewal options included a 10% broker commission. Option Specific Deductible Aggregate Specific Deductible Annual Fixed Premium Increase/ (Decrease) from Current % Increase / Decrease Current $300,000 $148,750 $497,193 N/A N/A Renewal $300,000 $148,750 $553,509 $56,316 11.3% Option 1 $350,000 $148,750 $468,015 ($29,178) -5.9% Option 2 $400,000 $148,750 $405,574 ($91,619) -18.4% The renewal options were reviewed by our new broker/consultant Lockton Companies. Based on Lockton's analysis of projected claims experience, they are recommending we renew with the current specific deductible of $300,000. The premium savings of increasing our specific deductible would not outweigh the increase in the deductible based on projected claims experience. Lockton also solicited proposals for reinsurance from other carriers and no other proposers were able to match Florida Blue's renewal proposal. The Florida Blue proposal is very competitive. P256 Additionally, because our new broker/consultant, Lockton Companies, does not receive commissions from excess loss/reinsurance premiums, we requested Florida Blue provide a renewal removing the 10% broker commissions. As a result, the renewal is Tess than our current excess loss/reinsurance premiums and maintains the same level of plan protection as indicated below. Option Specific Deductible Aggregate Specific Deductible Annual Fixed Premium Increase/ (Decrease) from Current % Increase/ (Decrease) Current $300,000 $148,750 $497,193 N/A N/A Renewal $300,000 $148,750 $492,914 ($4,279) (.86%) RECOMMENDATION: Staff recommends that the Board approve the agreement for the renewal option with Florida Blue for the County's excess loss/reinsurance policy for plan year 2017/2018 and authorize the Chairman to execute the renewal agreement. ATTACHMENTS: Indian River County Self -Funded Reinsurance Renewal 2017/18 P257 An Independent, Licensee of the Blue Cross and Blue Shield Association STOP LOSS PROPOSAL FOR Indian River County Board of County Comm Sales Representative: Broker: TPA: Provider Network(s): Utilization Review Vendor(s): George Eppl Lockton Companies LLC Florida Blue Florida Blue Florida Blue Specific: (Check one) Lives Current Renewal Specific Deductible (per Covered Individual) Policy Year Maximum Specific Benefit Lifetime Maximum Specific Benefit Covered Benefits Specific Premium $300,000 Inforce Inforce Med, Rx Card $300,000 Unlimited Unlimited Med, Rx Card Composite Rate Total Lives Estimated Contract Specific Premium Contract Aggregating Specific Loss Fund Contract Basis Commission 1,621 1,621 $24.00 $23.87 $466,848 $148,750 36/12 10.00% $464,319 $148,750 48/12 0.00% Aggregate: (Include? • Yes • No) Covered Benefits Policy Year Maximum Aggregate Factors Med, Rx Card $1,000,000 •Med, Rx Card $1,000,000 Composite Med & Rx Card Factor 1,621 I $1,082.25 $1,082.41 Estimated Contract Attachment Point 1,621 $21,051,927 $21,055,039 Estimated Contract Minimum Attachment Point (100%) ! $21,051,927 $21,055,039 Aggregate Corridor Contract Basis 125% 36/12 125% 48/12 Aggregate Premium Composite Rate Estimated Contract Aggregate Premium 1,621 Commission Total Combined Estimated Contract Premium 1,621 $1.56 $30,345 10.00% $497,193 $1.47 . '$28,594 0.00% $492,914 Effective Date: 10/01/2017 Through Date: 09/30/2018 Note: This proposal is not complete unless accompanied by the proposal notes and the basis of offer noted on the following pages. Individual Special Requirements: Underwriter: REB (September 1, 2017) 10533093820-2017-531476-3-4 Page 1 of 4 P258 F(S/J"/J'"ida Eke ' U. An Independent.IJcensee of the Blue Cross and Blue Shield Association STOP LOSS PROPOSAL FOR Indian River County Board of County Comm PROPOSAL NOTES • The rates and factors in this proposal are firm. Please provide a signed proposal. • Large claim data must be submitted for any claims that are at or have the likelihood to exceed 50% of the group specific deductible. Large claim data must include: age, sex, diagnosis, prognosis, treatment plan, case management notes (if applicable), Pre -Cert and paid/pended claims. • The specific rates in this proposal are based on an aggregating specific arrangement. Total Specific Liability includes estimated contract specific premium and the aggregating specific fund. • Human Organ Transplant benefits are payable in accordance with the underlying plan and are subject to the proposed Lifetime Maximum Specific Benefit offered within this proposal. PROPOSAL ACCEPTANCE Leave of Absence (LOA) Policy for eligible employees is: Days or Weeks or Other and it is to be applied once per plan year per member and only after FMLA allowance is exhausted. Leave Of Absence allowance need not be used in consecutive days, but total time not actively at work during the plan year as a whole must not exceed the above outlined allowance plus the 90 day FMLA allowance. In the absence of Leave of Absence language in the group plan document, the above will be considered as the LOA policy as it relates to Stop Loss Eligibility and continuation of coverage only. Any subsequent changes must be approved by Florida Blue at least 30 days in advance of the effective date of the change. Failure to notify Florida Blue of your company's policy changes for Leave of Absence may result in a possible Stop Loss claim denial. Upon exhaustion of LOA benefits as described above, to continue Stop Loss eligibility members must be offered COBRA as outlined in the "Continuation of Coverage Under Cobra" section in your Group Benefit Book. All other eligibility requirements beyond the LOA allowance described here are outlined in the Group Benefit Book and apply to the Stop Loss in their entirety. Please acknowledge acceptance of the terms in this proposal by signing and returning by 09/11/2017 (no signed proposal will be accepted after the effective date). Please also indicate which option is chosen and whether Aggregate is to be included, by checking the appropriate boxes on the previous page. Failure to remit the signed agreement within the same period will result in updated large claim disclosure (and claims) being required for our review. All payments after the effective date of this policy, found on the previous page, must use the rates selected. Any deviation from the rates specified could result in an underpayment leading to a possible policy cancellation. Signature: Title: Accepted on the day of ,20_ Underwriter: REB (September 1, 2017) 10533093820-2017-531476-3-4 Page 2 of 4 P259 Ftereda,Elmo L© V. An Independent Licensee of the Blue Cross and Blue Shield Association STOP LOSS PROPOSAL FOR Indian River County Board of County Comm initials: date: BASIS OF OFFER Assumptions • Aggregate coverage is only available when purchased with Specific coverage. • This proposal is subject to revision if there is a change in effective or renewal dates, or a change in the plan of benefits. • This proposal is based on the utilization of the Provider Network(s) and the Utilization Review Vendor(s) listed on this proposal. • This proposal assumes a minimum participation level of 75% applies for all eligible enrollees under a contributory plan, and 100% under a non- contributory plan. • This proposal assumes the plan of benefits includes a pre -certification, utilization review and large case management program. • This proposal is based on a description of the employee benefit plan(s) provided and approved by HMIG, employee and dependent census data, submission of any requested claim information, plus any other information relevant to the underwriting risk. If any of the information was incorrect or changes the risk involved, the rates and factors will be modified, and the specific and aggregate claims will be adjusted accordingly. • Surcharges (including the bad debt and charity surcharge portion of the New York Reform Act applicable to services are rendered in New York State), pool charges, and/or covered lives assessments may be covered under the stop loss policy if such charges are considered a claim cost. HM is not responsible for the filing, and/or payment of any assessment for which HM is not directly liable including but not limited to the New Hampshire Vaccine Assessment as modified by NH HB 664. • All standard Policy provisions apply. The laws of the state where the policy is issued will apply. Certain exclusions and limitations may apply. • Retirees are included in the stop loss coverage. • This proposal will expire on the proposed effective date. • The dollar value of the minimum attachment point shown above is representative. The actual value of the minimum attachment point will be calculated according to the terms of the stop loss policy. • Unless otherwise limited or excluded by the stop loss policy or under the Individual Special Requirements, eligible claim expenses under the stop loss policy will follow the covered underlying plan, up to the proposed Specific Benefit Maximum. • The Agent is properly licensed and appointed by HMIG. • The initial rates are guaranteed for the proposed policy period unless otherwise noted. • There are not more than 15% COBRA participants. Qualifications • Any stop loss insurance requested and requested effective date of that coverage must be approved by us under our current rules and practices. • Both the premium rates and the aggregate factors are subject to change should the number of employees change by 10% or more, either in total and/or by single/family mix. • If the descriptions of the benefits or plan provisions differ from what was initially utilized to underwrite the risk, an updated Plan Document or other acceptable plan description is required within 30 days of the proposed effective date, and the premium rates and aggregate factors may be subject to re -rating, retro -active to the effective date. • Quote assumes the Plan Document will include traditional industry provisions and definitions including, but not limited to the following: eligibility, HIPAA, termination provisions, extension for leave of absence or disability, FMLA, subrogation, transplants, COB, exclusions for job related injuries, experimental and cosmetic treatment, usual and customary charges, war, not medically necessary, traveling outside of the U.S. solely for the purpose of receiving medical care. In the event that a Plan Document is not available within 30 days from the proposed effective date, we reserve the right to issue the Policy assuming standard exclusions will apply. • HIPAA Privacy rules permit the release of Protected Health Information (PHI) for the purpose of evaluating and accepting risk associated with the Plan Sponsor as part of "Health care operations". HMIG will use this information solely for the purpose of evaluating and accepting the risk and will not disclose any PHI collected except to perform this risk evaluation. Coverage is underwritten by Florida Blue, Jacksonville, FL and is administered by HM Life Insurance Company, Pittsburgh, PA. HM Life Insurance Company is an independent company providing only administrative services. Underwriter: REB (September 1, 2017) 10533093820-2017-531476-3-4 Page 3 of 4 P260 Flonda Eime An Independent,Licensee of the Blue Goss and Blue Shield Association STOP LOSS PROPOSAL FOR Indian River County Board of County Comm • The rates and factors in this proposal are based on the disclosure of all individuals considered a special enrollee due to having previously satisfied the plan's lifetime maximum. Written acceptance by HM must be acknowledged before terms of coverage for such individuals are included under HM's stop loss policy. • Any stop loss policy issued by us may be rescinded or re -underwritten if any information requested in connection with this proposal was intentionally concealed or misrepresented by or on behalf of the Applicant and/or the Applicant's Agent, or if the Applicant and/or the Applicant's Agent commits fraud. • As used above: An "Agent" is the Applicant's representative, including but not limited to, the agent, producer or broker of record, or Claims Administrator. The "Applicant" is the entity, or that entity's authorized representative, that has contracted with us to provide stop loss coverage. A "Claims Administrator" is a third party administrator (TPA) designated by the Applicant and approved by us. "Claim Information" consists of Complete Details of the data requested by us in connection with this proposal following a Diligent Review; such information includes but is not limited to Know or potential catastrophic claims, large claims and/or shock losses. "Complete Details" includes the name, social security number (or unique identifier), date of birth, diagnosis, prognosis (unless prognosis cannot be obtained due to reasons beyond your or your Claims Administrator's control) of the plan's participants and the name of the provider providing treatment to any such participant covered by or eligible for coverage. A "Diligent Review" consists of a complete review by you, and/or your Claims Administrator and/or your Agent prior to the date Known or potential catastrophic claims, large claims and/or shock losses are requested by us in connection with this proposal. "Disclosure" consists of Complete Details and any other documentation requested by us in connection with this proposal following a Diligent Review including but not limited to census information and Claim Information. We consider information in connection with this proposal "Known" if, prior to the date or dates we request such information (including but not limited to Disclosure and Claim Information) a reasonable person can assume that you, and/or your Claims Administrator and/or your Agent had knowledge of any information that affects or may affect the administration or underwriting of any coverage issued following acceptance of coverage by us. Coverage is underwritten by Florida Blue, Jacksonville, FL and is administered by HM Life Insurance Company, Pittsburgh, PA. HM Life Insurance Company is an independent company providing only administrative services. Underwriter: REB (September 1, 2017) 10533093820-2017-531476-3-4 Page 4 of 4 P261 Indian River County Board of County Commissioners General Services Department 1800 27th Street, Vero Beach, Florida 32960 Telephone: 772-226-1223 Fax: 772-589-6119 MEMORANDUM Date: September 6, 2017 To: The Honorable Board of County Commission Thru: Michael C. Zito, Assistant County Administrator/ General Services Director From: Anne Shepherd, Library Director Subject: Request for Approval of Library System's Plan of Service 2017/2018 DESCRIPTION The Library System's Plan of Service is required by the State Library of Florida for the Library Grant Request. It is updated annually and due by October 1, 2017. It sets the plan for the Library System to move forward in the next year. The Indian River County Library System serves all citizens with materials, programs, computer use and training and recreational programs and materials. The Plan of Service sets broad direction for the next year and assists us with program planning. FUNDING SOURCE No funding is required on this action RECOMMENDATIONS: Staff recommends Board of County Commission approve the Library System's Plan of Service for FY2017-2018. ATTACHMENTS: Indian River County Library System Annual Plan of Service FY 2017/2018 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@281 E8014\@BCL@281 E8014.doc P262 Indian River County Library System Annual Plan of Service FY 2017/2018 September 10, 2017 Included in the budget is our required format for our current year's "Goals and Objectives." Since the "Goals and Objectives" are part of our budgets, they are approved by the Indian River County Board of County Commissioners. Minutes from that meeting will be sent separately. The Gifford Youth Achievement Center Library's budget is included with the Main Library budget and is also approved. GOALS: • Provide quality library services (including online resources and Internet access) to all county residents • Provide comprehensive collections to support the three major roles of the library • Provide basic collections to support the three secondary roles of the library • Provide qualified staff to serve the public with their informational needs • Provide technology training for the public (including e - resources, virtual reality, 3-d printing, and any other technological advances) • Provide recreational, educational, informational, and cultural programming for all ages OBJECTIVES: • Purchase informational, educational, cultural, and recreational materials, which present all sides of issues in all available formats for all age groups, including online 1 P263 • Provide free and equal access to these materials for all age groups, including E -resources ■ Continue staff training and workshops to stay informed ■ Continue training for the public • Stay abreast of new technologies, including 3-D printers, virtual reality, and provide public instruction of use • Maintain qualified instructors for programming for all ages ROLES OF THE INDIAN RIVER COUNTY LIBRARY SYSTEM The Indian River County Main Library serves the community primarily as a "reference center," "independent learning center," and a "popular materials library." Secondary roles are the "pre-schooler's door to learning," "the formal education support center," and the "community activities/information center." The major resource strengths of the Main Library are the Florida history & genealogy resources, online resources, business, and literature resources. Programming for all ages is a top priority. Digitization of the Press Journal archives is an on-going project. The North Indian River County Library serves its community primarily as "the popular materials library" and the "pre-schooler's door to learning." Secondary roles are the "independent learning center" and the "community activities/information center." Programming for all ages is a top priority. The Indian River County Law Library serves as a "reference center" and the "independent learning center." The roles are specific to legal resources. The Law Library is now located in the reference Department of the Main Library. FastCase and other legal resources are available to the public and library staff is also available for assistance. The Gifford Youth Achievement Center Library serves as the "pre- schooler's door to learning" and "independent learning center." The Center 2 P264 as a whole, serves as the "community activities/information center." The library is geared for children of all ages. The Brackett Library serves as a "formal education center," "popular materials library," and "pre-schooler's door to learning." 3 P265 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 27th Street Vero Beach, FL 32960 TO: Board of County Commissioners FROM: Diane Bernardo, Soon to be Retired Finance Director THROUGH: Jeffrey R. Smith, Clerk of Court & Comptroller DATE: August 23, 2017 SUBJECT: Deferred Compensation Ordinance Change At the August 15, 2017 Board meeting, the County Commissioners agreed to approve the Nationwide Services Agreement and to give approval to the attorney's office to schedule a public hearing revising Section 104.05 Deferred Compensation of the Indian River County.Code of Ordinances. The recommended revised ordinance does not name specific deferred compensation providers which would allow the County to change future providers without amending the ordinance. The revised ordinance further explains that any constitutional officer may participate in the Board plan and if included in the Board plan, then an employee from that office will be represented on the committee. RECOMMENDATION The Clerk's office recommends that the Chairman open the public hearing revising Section 104.05 Deferred Compensation of the Indian River County Code of Ordinances, take any public comment, and vote to approve the draft ordinance. Attachment: Draft Ordinance P266 ORDINANCE NO. 2017 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 104.05 (DEFERRED COMPENSATION) OF CHAPTER 104 (HUMAN RESOURCES) OF THE CODE OF INDIAN RIVER COUNTY, FLORIDA IN ORDER TO ELIMINATE REFERENCES TO SPECIFIC COMPANIES AND SET FORTH THE RESPONSIBILITIES FOR THE ADMINISTRATION OF THE PLAN; AND PROVIDING FOR CODIFICATION, SEVERABILITY, REPEAL OF CONFLICTING PROVISIONS, AND AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT: Section 1. Enactment Authority. Article VIII, section 1 of the Florida Constitution and chapter 125, Florida Statutes vest broad home rule powers in counties to enact ordinances, not inconsistent with general or special law, for the purpose of protecting the public health, safety and welfare of the residents of the county. The Board specifically determines that the enactment of this ordinance is necessary to protect the health, safety and welfare of the residents of Indian River County. Section 2. Amendment of Section 104.05 (Deferred Compensation) of Chapter 104 (Human Resources). New language indicated by underline, and deleted language indicated by etf+kethreugh. Section 104.05 (Deferred Compensation) of Chapter 104 (Human Resources) of the Code of Indian River County, Florida is hereby amended to read as follows: CHAPTER 104. HUMAN RESOURCES Section 104.05. Deferred Compensation. tele -plan, A deferred compensation plan is offered on an optional basis to employees. The primary purpose of the deferred compensation plan is to provide employees the opportunity to defer and invest a portion of their compensation to the plan, helping to supplement retirement income. It also provides for a tax deferral on income contributed to the plan. For 1 P267 those employees working under the direction of the Board of County Commissioners, the Ddirector or Mmanager of Human Resources shall approve and administer these plans and make determinations required by Section 112.215(6)(b), Florida Statutes. For those employees working under the direction of a constitutional officer, each constitutional officer shall designate an individual responsible for making determinations as required by the aforesaid statute. Each constitutional officer may elect to participate in the deferred compensation plan established by the Board of County Commissioners, participate in a separate plan, or elect not to offer a plan to their employees. The designated representatives from the Board of County Commissioners and the constitutional officers electing to participate in a common plan will comprise a committee and will meet as necessary to approve and administer the plan and make determinations required by Section 112.215(6)(b), Florida Statutes. Section 3. Codification. It is the intention of the Board of County Commissioners that the provision of this ordinance shall become and be made part of the Indian River County Code, and that the sections of this ordinance may be renumbered or re -lettered and the word ordinance may be changed to section, article or such other appropriate word or phrase in order to accomplish such intention. Section 4. Severability. If any part of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, the remainder of this ordinance shall not be affected by such holding and shall remain in full force and effect. Section 5. Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 6. Effective Date. This ordinance shall become effective upon adoption by the Board of County Commissioners and filing with the Department of State. This ordinance was advertised in the Indian River Press Joumal on the day of 2017, for a public hearing to be held on the 12th day of September, 2017, at which time it was moved for adoption by Commissioner , seconded by Commissioner , and adopted by the following vote: Chairman Joseph E. Flescher Vice -Chairman Peter D. O'Bryan Commissioner Susan Adams Commissioner Bob Solari Commissioner Tim Zorc 2 P268 The Chairman thereupon declared the ordinance duly passed and adopted this 12th day of September, 2017. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By: Joseph E. Flescher, Chairman ATTEST: Jeffrey R. Smith, Clerk and Comptroller By: Deputy Clerk EFFECTIVE DATE: This Ordinance was filed with the Department of State on the day of June, 2017. 3 P269 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator THROUGH: Stan Boling, AICP; Community Development Director THROUGH: John W. McCoy, AICP; Chief, Current Development FROM: Ryan Sweeney; Senior Planner, Current Development DATE: August 24, 2017 SUBJECT: Konover Acquisitions Corporation's Request to Rezone Approximately 9.66 Acres from CL, Limited Commercial to PD, Planned Development and to Obtain Conceptual PD Plan Approval for a Project Known as Vero Beach Square [PD -17-04- 02 / 2007110117-784421 It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of September 12, 2017. DESCRIPTION & CONDITIONS: This is a request by Konover Acquisitions Corporation, through its agent Kimley-Horn and Associates, Inc., to rezone approximately 9.66 acres from CL, Limited Commercial to PD, Planned Development. As part of the rezoning request, a conceptual PD plan has been submitted for the overall site together with a preliminary PD plan/plat. The Planning & Zoning Commission (PZC) has approved the preliminary PD plan/plat, subject to approval of the PD rezoning request and the conceptual PD plan by the Board of County Commissioners (BCC). The project site is located at 5125 20th Street (SR 60), which lies on the south side of SR 60 between the existing Applebee's restaurant (5335 20th Street) and the existing Sonny's BBQ restaurant (5001 20th Street). The subject site is currently vacant. The purpose of this request is to secure a zoning district and an approved conceptual PD plan that allows development of a commercial project that includes a 110 room hotel, a tire store, a multi -tenant strip building, a stand-alone restaurant, and a stand-alone fast food restaurant with drive through facility (see attachment 6). Planning and Zoning Commission Action: At its meeting of August 10, 2017, the PZC voted 5-0 to recommend that the BCC approve the project as recommended by staff (see attachment 2). Development and Approval Options Available to the Developer: Most of the project's proposed uses are permitted uses within the CL zoning district. However, the project includes two proposed uses that are not permitted (by -right) uses in the CL zoning district. A tire shop C:\Users\Iegistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@5C095483\ n BCL@5C095483.docx 1 P270 (automotive fluid sales and services) is an administrative permit use, and a fast food restaurant with drive through is not an allowed use. Both uses are permitted (by -right) uses in the CG, General Commercial zoning district. Therefore, the developer has two options to seek approval for the proposed project. The first option is to make an application for a rezoning from CL to CG. If the property were rezoned to CG, then the applicant would need to submit a site plan application for the project. The second option involves seeking a rezoning to PD and submittal of a conceptual PD plan. It is staff's position that the PD rezoning process is the best option for accomplishing the applicant's objective. Therefore, staff encouraged the applicant to pursue the PD rezoning option. Because a rezoning to CG would allow a number of uses that may not be desirable in the area of the subject site, a CG rezoning could be problematic. In addition, there is no CG -zoned parcel in the immediate area, but there are other PD -zoned properties. Unlike a CG rezoning, rezoning to PD allows the County to control the types of permitted uses, and to prohibit or limit other less desirable uses. The PD Zoning District Generally: There have been several commercial PD rezoning districts approved by the County. Unlike standard zoning districts, there are no specific size or dimension criteria for PD districts. Instead, the PD district is based on the underlying land use plan designation for density/intensity and use limitations, and on compatibility requirements. In the PD zoning district, specific allowable uses, setbacks, and other typical zoning district regulations are established on a site -by -site basis through approval of a conceptual PD plan. Additional aesthetic design standards may also be required under the PD rezoning process. Adopted as part of the PD zoning for a property, the conceptual PD plan serves as the zoning standard for the site. A rezoning to the PD district requires the submission of a binding conceptual PD plan which, along with certain PD district requirements, limits uses and sets -forth specific development standards on the site. Thus, a PD rezoning allows a unique PD district to be developed specifically for each development site. In this case, the conceptual PD plan proposes a 110 room hotel, a tire store, a multi -tenant strip building, a stand-alone restaurant, and a stand-alone fast food restaurant with drive through on 9.66 acres. Aspects of the proposed conceptual PD plan will be addressed in the "PD Plan Analysis" section of the staff report. The applicant is not proposing to change any of the CL size and dimensional criteria through the PD. The PD Rezoning Process: The PD rezoning review, approval, and development process is as follows: STEP 1. Rezoning and Conceptual PD Plan Approval: Review and recommendation made by staff and by the PZC. Final action taken by the BCC. STEP 2. Preliminary PD Plan/Plat (combination of site plan and preliminary plat) Approval: Review and recommendation made by staff. Final action taken by the PZC. Must comply with the approved conceptual PD plan and any conditions imposed by the BCC at the time of PD zoning approval (Step 1). STEP 3. Land Development Permit (LDP) or LDP Waiver: Reviewed and issued by staff for construction of subdivision improvements (road, utilities, drainage). C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL a 5C095483\ n BCL n 5C095483.docx 2 P271 STEP 4. Building Permit(s): Reviewed and issued by staff for construction of buildings. STEP 5. Final PD Plat Approval: Review and recommendation made by staff. Final action taken by the BCC. STEP 6. Certificate of Occupancy: Reviewed and issued by staff for use and occupancy of buildings. The applicant is pursuing approval of Steps 1 and 2 at this time. If approved by the BCC, the rezoning, conceptual PD plan, and preliminary PD plan/plat will be approved. Once a conceptual PD plan is approved, only minor modifications to the conceptual PD plan can be approved at a staff level. Any proposed changes that would intensify the site use (e.g. increase the maximum building area) or reduce compatibility elements (e.g. reduced buffering) may be approved only via a process involving public hearings held by both the PZC and the BCC. Any modifications to the preliminary PD plan/plat will need to be consistent with the approved conceptual PD plan. Proposed PD District for the Project Site: The subject site has a C/I, Commercial/Industrial land use designation. The C/I land use designation allows a variety of commercial and industrial zoning districts. Since the land use designation controls the use of the property by limiting the applicable zoning districts, any rezoning must be compatible with the uses allowed by the property's land use designation. Once a specific PD rezoning is approved for a site, the applicable conceptual PD plan adopted as part of the rezoning limits the type of specific uses and intensity of development on the site and establishes the site's dimensional criteria. Although PD zoning district parameters are flexible, certain standards related to uses, compatibility (buffering), infrastructure improvements, and open space are set forth in Chapter 915 (P.D. Ordinance) of the County's Land Development Regulations (LDRs). Based on the proposed conceptual PD plan, the proposed PD district for the subject site complies with all applicable PD requirements. PD REZONING ANALYSIS: Existing Zoning and Land Use Pattern: The subject site consists of approximately 9.66 acres located on the south side of SR 60. The site is currently vacant, with groupings of native trees in certain areas, and disturbed areas of nuisance exotic vegetation in other areas. To the north of the subject site, directly across SR 60, are two large -lot single-family homes on a 10.6 acre parcel and 5.8 acre parcel, respectively. Those parcels are zoned RS -6, Residential Single -Family (up to 6 units/acre) and have an L-2, Low -Density Residential -2 (up to 6 units/acre) land use designation. To the east of the subject site is the Sonny's BBQ restaurant which is zoned PD, Planned Development, is governed by a conceptual PD plan approval to allow its drive through facility, and has a C/I Commercial/Industrial land use designation. C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\ n CL@5C095483\ a@BCL n 5C095483.docx 3 P272 To the south, across the Main Relief Canal which lies within a 300' wide water control district right-of-way (ROW), is the Rosewood Court Subdivision which has an average single-family lot size of approximately .5 acres. Those properties are zoned RS -2, Residential Single -Family (up to 2 units/acre) and have an L-1, Low -Density Residential -1 (up to 3 units/acre) land use designation. To the west of the subject site is the Applebee's restaurant which is zoned CL, Limited Commercial and has a C/I Commercial/Industrial land use designation. Consistency with the Comprehensive Plan: Rezoning requests are reviewed for consistency with the policies of the comprehensive plan and must also be consistent with the overall designation of land uses as depicted on the Future Land Use Map. These include agricultural, residential, recreation, conservation, and commercial/industrial land uses. Commercial/industrial land uses are located in nodes throughout the unincorporated areas of Indian River County, as is the subject site. The goals, objectives and policies are the most important parts of the comprehensive plan. Policies are statements in the plan, which identify the actions, which the County will take in order to direct the community's development. As courses of action committed to by the County, policies provide the basis for all County land development related decisions. While all comprehensive plan policies are important, some have more applicability than others in reviewing rezoning requests. Of particular applicability for this request are the following policies. Policy 2.2: Indian River County shall encourage and direct growth into the 2030 Urban Service Area through zoning, subdivision, and land development regulations. Such regulations shall promote efficient development by requiring utilization of the existing street system, extension of public facilities where necessary, connection to the centralized potable water and sanitary sewer systems where available, and incentives for mixed use projects. Note: The project site is located within the 2030 Urban Service Area, will connect to the existing street system (SR 60), will be served by County water and sewer, and will provide an appropriate mix of commercial and hospitality uses. Policy 4.1: Land use districts shall be located in a manner which concentrates urban uses, thereby discouraging urban sprawl. Note: The project site is located within the existing SR 60/58`h Avenue commercial node, which is an area where the land use plan proposes to concentrate urban uses, such as the commercial uses proposed with this application. Essentially, the proposed rezoning facilitates commercial "in fill" development via a slightly expanded scope of approved uses for a site that already has a C/I, Commercial/Industrial land use designation. Policy 9.3: Indian River County shall maintain plans along roads that serve as entranceways to the county and along other roads, as determined by the county. The county shall continue to implement the recommendations of the Other Corridor Plan and the SR 60 Corridor Plan. Note: The entire development implements improvements and architectural design guidelines consistent with the SR 60 Corridor Plan. C:\Users\Iegistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@5C095483\@BCL@5C095483.docx BCL@5C095483.docx 4 P273 Compatibility with Surrounding Areas: Staff's position is that granting the request to rezone the property to the proposed PD district will result in a development that is compatible with the surrounding areas and consistent with the existing development pattern along SR 60. The properties to the east and west are commercial properties, contain restaurant uses, and are compatible with the proposed PD district and uses. The properties to the north consist of two large -lot single-family homes on a 10.6 acre parcel and a 5.8 acre parcel, respectively. The subject site is separated from the properties to the north by a six -lane segment of SR 60 that lies within a 106' wide right-of-way (ROW) along the PD site's SR 60 frontage. To ensure compatibility, the LDRs require a Type "B" buffer with a 4' opaque feature along the north property line. To the south of the subject site, across the Main Relief Canal, is the Rosewood Court Subdivision. The subject site is separated from the Rosewood Court Subdivision by the Main Relief Canal, and the canal ROW is approximately 300' wide along the project's canal frontage. To ensure compatibility, the LDRs require a Type "B" buffer with a 6' opaque feature along the PD site's south property line. The conceptual PD plan provides the required Type "B" buffer, and includes a continuous 6' tall masonry panel wall system to be located within the Type "B" buffer. In addition, the retention area for the subject property is proposed along the south property line which will provide greater physical separation between the future commercial development and the properties to the south (see attachment 6). Concurrency Impacts: Consistent with County requirements, staff conducted a conditional concurrency review to evaluate potential project impacts on various facilities, including roads, water and sewer service, and other systems. In this case, the conditional concurrency review indicated that there will be adequate facilities in place to accommodate project impacts, subject to the conditions contained in this report's recommendation. Further concurrency determinations will be required at the time of permitting for each development phase or building. Environmental Impacts: Environmental issues are addressed in the "PD Plan Analysis" section of this report. PD PLAN ANALYSIS: 1. Size of Site: 2. Zoning Classification: 3. Land Use Designation: 4. Open Space: 5. Building Coverage: 9.66 acres Current: CL, Limited Commercial Proposed: PD, Planned Development C/I, Commercial/Industrial Required: 25.0% (minimum) Proposed: 36.2% Required: 40.0% (maximum) Proposed: 12.1% C:\Users\Iegistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@5C095483\@BCL@5C095483.docx 5 P274 6. Floor -Area -Ratio (FAR): Maximum allowed: 0.23 Proposed: 0.09 Note: The FAR calculation is based on the floor area of the commercial/retail buildings and does not include the hotel area. The minimum land area required for the proposed number of hotel rooms (i.e. 1,200 square feet of land area per rom) is satisfied. 7. Impervious Area: Proposed: 194,235 SF or 4.46 acres 8. Buildings Proposed: Hotel: 23,608 SF Retai 1/Restaurant Building: 11,475 SF FF Restaurant #2: 3,500 SF Restaurant #3: 5,300 SF Tire Store: 6,861 SF Total: 50,744 SF Note: The square foot figures are for ground floor building coverage footprint. The hotel will be 3 stories, will contain 110 rooms, and will have 70, 824 square feet of overall floor area. All other buildings single story. 9. Surrounding Land Use and Zoning: North: SR 60, Single-family homes / RS -6 East: Sonny's BBQ Restaurant / PD South: Main Relief Canal, Single-family homes / RS -2 West: Applebee's Restaurant / CL 10. Phasing: The project is divided into three phases. Phase I will include the tire store, the multi - tenant strip building, and all of the common area infrastructure. The two Phase I buildings will be generally located in the northeastern portion of the overall project site. Phase 11 will consist of the 110 room hotel facility generally located in the southwestern portion of the overall project site. Phase III will include a stand-alone restaurant and a stand-alone fast food restaurant with drive through facility generally located in the northwestern portion of the overall project site. 11. Landscaping and Buffering: A preliminary landscape and buffer plan has been reviewed and approved for the subject site. With respect to buffering, the plan depicts buffer types, locations, and the physical width and components of the buffers on all of the project's perimeters. In this instance, a Type "B" buffer with a 4' opaque feature is proposed along the project's (north) SR 60 frontage. Along the south property line, a Type "B" buffer with a 6' opaque feature is provided. For that buffer, the 6' opaque feature will be a continuous 6' tall masonry panel wall system. It should also be noted that most of the large and standard canopy tree requirements for the south buffer will be met by relocating several existing laurel and live oak trees from the interior of the site to the perimeter buffer. This approach will provide an enhanced buffer with mature canopy trees at time of planting (relocation). The properties to the east and west are commercial properties and contain restaurant uses, and the preliminary landscape plan provides adequate perimeter landscaping along both project "side" C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@5C095483\ a BCL@5C095483.docx 6 P275 perimeters. In addition, the landscape plan adequately addresses interior landscape requirements such as lake shoreline trees around the project's stormwater pond, parking lot landscaping, and common area landscaping. Prior to issuance of an LDP, the applicant will need to submit and obtain Planning staff approval of a final landscape and buffer plan. 12. Parking: Adequate parking will be provided as shown below. Required Proposed Tire store: 18 18 Multi -tenant strip building: 109 110 Stand-alone fast food: 47 48 Stand-alone restaurant: 71 73 Hotel: 110 110 Total: 355 359 13. Traffic Circulation: The conceptual PD plan provides a right-in/right-out driveway connection to SR 60. The SR 60 driveway will be served by an eastbound right -turn lane on SR 60. The plan also provides two-way driveway interconnections to the commercial properties to the east (Sonny's BBQ) and west (Applebee's). The project has been designed to provide an exclusive north/south driveway from SR 60 to the hotel site at the rear (south) of the overall project site, and a semi - exclusive east/west driveway from the eastern interconnection with Sonny's BBQ to the western interconnection with Applebee's. The applicant has an existing access easement across the Applebee's site to the west. The driveway interconnection to the west will ultimately connect to the signalized SR 60 driveway (a.k.a. "53rd Avenue") that serves the Walmart site as well as Applebee's and a small strip center. In order to ensure that adequate legal access is established for project traffic to utilize the Walmart north/south driveway, the applicant has entered into an easement agreement with Walmart. That easement agreement ensures formal integration with the Walmart area traffic circulation system and will be recorded once the applicant purchases the subject property. A copy of the recorded easement will need to be provided to Planning staff prior to PD plan release. The project's traffic impact analysis identified several required or recommended off-site improvements, described as follows. The existing westbound left -turn lane at the intersection of SR 60 and 531-d Avenue is required to be extended in order to accommodate additional vehicle queue length. Also, the northbound left -turn lane on the north/south Walmart driveway (a.k.a. "53rd Avenue") is recommended to be extended to accommodate additional vehicle queue length. Because the Walmart driveway is a privately owned driveway, and is not a public right-of-way, the applicant will be required to make a good faith effort to obtain approval/authorization from Walmart to install the recommended turn lane improvements on Walmart property. However, the applicant cannot guarantee that Walmart will approve/authorize the recommended turn lane improvements in a timely manner. Therefore, the applicant has agreed to provide a two-year construction bond to cover the cost of the turn lane improvements in order to allow additional time to obtain approval/authorization from Walmart or allow Walmart to definitively reject the proposed (and beneficial) driveway improvement. The two-year construction bond must be provided prior issuance of a Certificate of Occupancy (C.O.) for the proposed hotel (Phase II). C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@5C095483\@BCL@5C095483.docx 7 P276 Regardless of the outcome for the northbound left -turn lane improvements on the Walmart property, the applicant has also agreed to extend the eastbound left -turn lane on SR 60 at the existing median opening south of the Advance Auto Parts store (4720 20th Street). That improvement will accommodate additional vehicle queue length for an eastbound to westbound U- turn movement on SR 60, providing a benefit for westbound traffic leaving the project's SR 60 driveway and for the general public. The driveway designs, driveway locations, internal circulation plan, traffic impact analysis, and off- site improvements have been approved by Traffic Engineering and Fire Prevention. The final design of the off-site improvements will be reviewed via the project's LDP. 14. Dedications and Improvements: • Required Off -Site Roadway Improvements: The approved traffic impact analysis indicates that the following off-site traffic improvements are required or recommended: o The westbound left -turn lane at the intersection of SR 60 and 53rd Avenue is required to be extended in order to accommodate additional vehicle queue length. This improvement must be completed prior to issuance of the first project Certificate of Occupancy (C.O.). o The eastbound left -turn lane on SR 60 at the existing median opening south of the Advance Auto Parts store is required to be extended in order to accommodate additional vehicle queue length. This improvement must be completed prior to issuance of the first project C.O. o The northbound left -turn on the north/south Walmart driveway is recommended to be extended to accommodate additional vehicle queue length. Prior to issuance of a C.O. for the proposed hotel (Phase II), this improvement must either be completed or the applicant must provide a two-year construction bond. • SR 60 Turn lane and ROW Dedication: An eastbound right -turn lane is required on SR 60 at the project driveway, and the underlying turn lane additional ROW must be dedicated to FDOT. The ROW dedication must be completed prior to PD plan release. The turn lane improvement must be completed prior to issuance of the first project C.O. • External Sidewalks: There is an existing sidewalk along the subject site's SR 60 frontage. A majority of that sidewalk will be maintained through the course of project construction. However, the applicant is required to construct a new/relocated segment of SR 60 sidewalk along the eastbound right turn lane at the project's entrance. The new sidewalk segment must be completed prior to issuance of the first project C.O. • Internal Pedestrian System: The development will have an internal sidewalk system that links all of the uses/buildings and provides pedestrian access throughout the overall project site. In addition, the internal pedestrian system will be connected to the external SR 60 sidewalk system. C:\Users\Iegistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@5C095483\@BCL n 5C095483.docx 8 P277 15. Stormwater Management: The preliminary stormwater plan, as approved by Public Works, proposes a master stormwater system that includes a wet stormwater treatment area located in the southeast corner of the overall project site and a dry stormwater treatment area in the southwest corner of the overall project site. Final design of the stormwater management system will be reviewed via the project's land development permit (LDP). Prior to issuance of an LDP, the applicant must obtain a County stormwater permit. 16. Utilities: The entire development will be served by County water and sewer. Those utility provisions are consistent with applicable LDRs, and have been approved by the Department of Utility Services and the Health Department. The developer will need to obtain an LDP and utility permits prior to the construction of each phase. 17. Concurrency: As required under the County's concurrency regulations, the applicant has applied for and obtained a conditional concurrency certificate for the project. The concurrency certificate was issued based upon a concurrency analysis and a determination that adequate capacity was available to serve this project at the time of the determination. Prior to issuance of a building permit for each building, the developer will be required to obtain a final concurrency certificate in accordance with County concurrency regulations. 18. Environmental Issues: • Uplands: Since the site is over five acres, the County's native upland set-aside requirement potentially applies; however, County Environmental Planning staff has determined that no intact native upland plant communities exist on the project site. Therefore, no native upland set-aside requirements apply to the proposed development. • Wetlands: Based on a survey of the subject site and staff verification, there are no jurisdictional wetlands on the subject site. Therefore, no wetlands criteria apply to the proposed development. • Tree Preservation/Mitigation: The site is heavily wooded and contains a number of protected and specimen trees. In order to provide an additional public benefit, the applicant conducted a thorough analysis of the existing protected and specimen trees, and coordinated field meetings with Environmental Planning staff. The analysis identified a healthy 42" live oak tree that will be preserved in place. Also, the applicant is proposing to relocate 7 mature canopy trees on site, and approximately 50 existing cabbage palm trees. The canopy trees will be relocated to the perimeter landscape buffer located along the southern property boundary, and the relocated cabbage palm trees will be utilized throughout the overall site. Mitigation is required for removal of the remaining native hardwood trees over 12" dbh and cabbage palms with 10' or more of clear trunk. All invasive exotics will be removed during development. Prior to issuance of tree removal and land clearing permits, the applicant must obtain Environmental Planning staff approval of the project's final tree protection and mitigation plan. 19. Corridor Architectural Requirements: The project site is located within the SR 60 Corridor and is subject to the SR 60 Corridor criteria. Preliminary architectural building elevations have been C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@5C095483\@BCL n 5C095483.docx 9 P278 provided to document consistency with the corridor criteria (see attachment 8). In addition to the corridor criteria, all buildings within the project have been designed to share common architectural elements, including decorative cornices on all parapet walls and pilasters, lap siding on certain accent walls, split -faced CMU block at the base of all buildings, and common colors. The final architectural elevations for all buildings must be reviewed and approved by Planning staff prior to PD plan release. 20. Planned Development Waivers: Through the PD process, the applicant can request a variety of design -based waivers from the LDRs. In this case, the applicant is not requesting any design waivers, but is going through the PD process in order to allow two additional uses by right (tire shop and fast food restaurant with drive through facility), and to commit to certain design parameters and public benefits provided by the project. 21. Public Benefits: For all PD projects, applicants must identify the public benefits that the project will provide in exchange for requested waivers or incentives being sought by the applicant. For this project, staff recognizes that the requested zoning waivers are modest in scope. For the proposed project, the public benefits proposed are as follows: • Enhanced Tree Preservation: The applicant has designed the project around an existing 42" live oak tree, and is proposing to relocate 7 mature canopy trees and approximately 50 existing cabbage palm trees on site. This proposal exceeds the minimum tree protection requirements identified in the LDRs, and will provide an enhanced buffer along the south property boundary with mature canopy trees at time of planting. • Westbound Left -Turn Lane at SR 60 and 53'd Avenue: The applicant is proposing to lengthen the westbound left -turn lane by an extra 50' over -and -above the length identified and recommended in the project's traffic impact analysis. • Eastbound Left -Turn Lane at the existing SR 60 median opening: The applicant is proposing to lengthen the eastbound left -turn lane which will accommodate additional vehicle queue length for an eastbound to westbound U-turn movement on SR 60, and provide a benefit for westbound traffic leaving the project's SR 60 driveway and for the general public. All conditions recommended by staff have been accepted by the applicant. RECOMMENDATION: Based on the above analysis, staff recommends that the Board of County Commissioners approve the proposed Planned Development (PD) rezoning and the conceptual PD plan, with the following conditions: 1. Prior to PD plan release, the applicant shall: a. Obtain Planning staff approval of the final architectural elevations for all proposed structures. b. Dedicate to FDOT the required right-of-way for the SR 60 right -turn lane at the project entrance on SR 60. c. Submit a copy of the recorded easement agreement with Walmart. C:\Users\Iegistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@5C095483\ a BCL@5C095483.docx 10 P279 Prior to issuance of land clearing and tree removal permits, the applicant shall obtain Environmental Planning staff approval of the project's final tree protection and mitigation plan. 3. Prior to issuance of a land development permit (LDP), the applicant shall: a. Obtain Planning staff approval of a final landscape and buffer plan. b. Obtain County staff approval of the final design of all off-site improvements. 4. Prior to issuance of the first project certificate of occupancy (C.O.), the applicant shall: a. Install all required on-site mitigation trees. b. Install all landscape and opaque feature improvements along all project perimeters, as depicted on the approved conceptual PD plan. c. Extend the westbound left -turn lane at SR 60 and 53rd Avenue, extend the eastbound left -turn lane at the existing median opening south of the Advance Auto Parts, and obtain FDOT and Public Work's approval of the turn lane construction. d. Construct an eastbound right -turn lane on SR 60 at the project's entrance, relocate the SR 60 sidewalk, and obtain FDOT and Public Work's approval of the turn lane/sidewalk construction. 5. Prior to issuance of a certificate of occupancy (C.O.) for the proposed hotel facility (Phase II), the applicant shall either extend the northbound left -tum lane on Walmart's north/south driveway (a.k.a. "53rd Avenue") or provide a two-year construction bond to guarantee a post-C.O. two-year construction window (construction subject to Walmart's authorization). ATTACHMENTS: 1. Application 2. Excerpt from August 10, 2017 PZC Minutes 3. Location Map 4. PD Rezoning Ordinance 5. Aerial 6. Conceptual PD Plan 7. Preliminary Landscape Plan 8. Preliminary Architectural Building Elevations C:\Users\Iegistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@5C095483\@BCL a 5C095483.docx 11 P280 INDIAN RIVER COUNTY PLANNED DEVELOPMENT APPLICATJ Please indicate the type of application being submitted: Conceptual PD Special Exception: Concurrent Conceptual PD Special Exception & Preliminary PD: Preliminary Planed Development P m i Planned Development Note: For a PD rezoning also include the appropriate reasoning zpplication. PROJECT NAME: Vero Beach Square Plan Number: JD- 17—o /— 02. PROPERTY 2 - PROPERTY OWNER: (PLEASE PRINT) Vero Capital LLC c/o Triarch Invest Grove Inc. NAME 18205 Biscayne Blvd Project #: 2007110117 - '%S W2 - APPLICANT (PLEASE PUNT) contract purchaser Knonover Acquisition Corp. ADDRESS Aventura, FL 33160 CITY, STATE, ZIP PHONE NUMBER EMAIL ADDRESS CONTACT PERSON PROJECT ENGINEER: (PLEASE PRINT) Kimley-Horn and Associates, Inc. NAME 445 24th Street, Suite 200 ADDRESS Vero Beach—FL 32960 CTTY, STATE, ZIP 772-794-4100 PHONE NUMBER chris.hollen@kimley-horn.com EMAIL ADDRESS Chris Holleni P.E. CONTACT PERSON NAME 431 Fairway Drive, #201 ADDRESS Deerfield Beach, FL 33441 CITY, STATE, ZIP 954-354-8282 PHONE NUMBER bhyatt@konoversouth.com EMAIL ADDRESS Blair Hyatt, Executive VP CONTACT PERSON AGENT (PLEASE PRINT) Kimley-Horn and Associates, Inc. NAME 445 24th Street, Suite 200 ADDRESS Vern Beach, FL 32960 CITY, STATE, ZIP 772-794-4100 PHONE NUMBER chris.hollen@kimley-horn.com EMAIL ADDRESS Chris Hollen, P.E. CONTACT PERSON — ,41.o•--uf SIGNATURE OF OWNER OR A F:\Commtmity De velopme nt\APPL[CA77ONS\CurDev epplicatioas\PDAPP.doc T Revised April 2016 Attachment 1 Page 1 of 3 P281 0000/_0110-0c0ol•0 TAX PARCEL ID #(s) OF SUBJECT PROPERTY: 33-39-04-000048-1-1-9000@4=60 PROPERTY CLASSIFICATION(S): Land UseJ?esignation Zoning District Acreage C/I CL 9.66 TOTAL PROJECT ACREAGE: 9.66 EXISTING SITE USE(S): Vacant Land PROPOSED SITE USE(S) AND INTENSITY (e.g 11 of units, square feet by use): Grocery = 19,787 SF Fast Food with Drive-Thru = 5,100 sf, Restaurant = 6,300 sf, Retail = 4,920 st; Tire Store = 7,100 sf, Medical Office = 7,000 sf ** PLEASE COMPLETE THE SUBMITTAL CHECICUST ** The (following items must be attached to the application: y If the applicant is other than the owner(s), a sworn statement of authorization from the owner; Two deeds and a verified statement naming every individual having legal or equitable ownership in the property; if owned by a corporation, provide the names and address of each stockholder owning more than 10% of the value of outstanding corporation shares; Two copies of the owner's recorded warranty deed; A check, money order or cash made payable to "Indian River County": Planned Development Request - ConceptuaLPD-Special Exception less than 20 acres$ _2075.00.4"- 20-40 acres '2 over 40 acres 2575.00 + 100.00 for each additional 25 acres over 40 acres Preliminsiry PD Plan less than 20 acres 20-40 acres over 40 acres 12o.00 0 1300.00 + 50.00 for each additional 25 acres over 40 acres Final PD Plans $ 1400.00 For concurrent applications: combine the appropriate fees and subtract $400.00. Ten sets of complete Conceptual, Preliminary or Final PD (final plat plans must be signed and sealed by surveyor). Plans as per Chapter 915, pursuant to the type of approval being requested. Any requirements of the zoning or subdivision ordinance which the applicant is requesting to be waived (such as minimum lot width and size, street frontage requirements, setbacks, etc.), shall be clearly indicated by section and paragraph numbers, together with the rationale for the waiver request(s), on an attached sheet. Attachment 1 PACcom unity Devc( t\APPI.1CATIONS\Curpov applications\PDAPP.doc Revised April 2016 Page 2 of 3 P282 1 J 2 Aerials for conceptual or preliminary PDs Itemized response to pre -application for conceptual or concurrent applications 2 sealed surveys 3 sets of floor plans and elevation for commercial or multi -family buildings Written Statement and Photograph of Posted Sign For Final PiaJ'q 9p1v Letter from developer providing timeline for achieving the 75% completion threshold. for the overall subdivision improvement ONE OF THE FOLLOWING SETS OF REQUIRED IMPROVEMENT DOCUMENTS: CONSTRUCTION COMPLETE - BUILT OUT: Certificate of Completion from Public Works or copy of letter to Public Works and Utilities requiring inspection of improvements. IF IMPROVEMENTS ARE DEDICATED TO TIM PUBLIC: Original Engineer's Certified Cost Estimate for Improvements (signed end sealed) Failure to provide information on which opdon is being selected may result in a delay in processing the application. —OR CONSTRUCTION INCOMPLETE BOND OUT: Original Engineer's Certified Cost Estimate for Improvements (signed and sealed; note items to be completed or percent completed at 75% threshold for overall subdivision). Statement that improvements are nearing completion and a certificate of completion will be obtain prior to final plat approval Copies of Documents to be recorded with the final plat: a. Covenants, Deed Restrictions, Bylaws, etc. or Statement There Are None b. Property Owner's Association Articles of Incorporation or statement indicating why recording of POA is NOT required. F:VCamm[nity DevelopmentMAPPLICATIONS\curDev applitations\PDAPP.doc Attachment 1 Revised Aptil 2016 Page 3 of 3 P283 the FEC Rail Road. Zoning District: IG, General Industrial. Land Use Designation: C/I (Commercial / Industrial). [SD -17-08-02 / 94020132- 79466] [Quasi -Judicial] Vice Chairman Brognano asked the Commissioners to reveal any ex -parte communication with the applicant or any conflict that would not allow them to make an unbiased decision. The members stated that they had not had any ex - parte communication. ON MOTION BY Dr. Day, SECONDED BY Mr. Stewart, the members voted unanimously (5-0) to approve staff recommendations on this Quasi - Judicial matter. Public Hearing Vice Chairman Brognano read the following into the record: A. Vero Beach Square: Request to rezone approximately 9.66 acres from CL, Limited Commercial to PD, Planned Development and to obtain conceptual PD plan and concurrent preliminary PD plan/plat approval for a project to be known as Vero Beach Square, consisting of a 110 - room hotel and four stand-alone commercial buildings. The site is located at 5125 20th Street (SR 60) and lies on the south side of SR 60, between the existing Applebee's restaurant and the existing Sonny's BBQ restaurant. Vero Capital, LLC, Owner. Konover Acquisitions Corporation, Applicant. Kimley-Horn & Associates, Inc., Agent. Zoning: CL, Limited Commercial. Land Use Designation: C/I, Commercial/Industrial [PD -17-04-02 / 2007110117-78442] [Quasi - Judicial] Vice Chairman Brognano asked the Commissioners to reveal any ex -parte communication with the applicant or any conflict that would not allow them to make an unbiased decision. The members stated that they had not had any ex - parte communication. The secretary administered the testimonial oath to those present who wished to speak at tonight's meeting on this matter. Mr. Ryan Sweeney, Senior Planner of Current Development, reviewed information regarding the request for planned development (PD) rezoning and conceptual and preliminary PD plan approval for Vero Beach Square and gave a PZC/Approved 2 August 10, 2017 F:\BCC\AII Committees\P&Z\2017—AGENDAS & MINUTES\PZC 081017.doc Attachment 2 P284 PowerPoint presentation, copies of which are on file in the Board of County Commissioners (BCC) Office. He recommended that the Commission recommend that the BCC approve the PD rezoning and conceptual PD plan for Vero Beach Square with the conditions listed in the staff report. Applicant Mr. Chris Holien of Kimley-Horn & Associates, Inc. offered to answer questions from the commissioners and the public about the proposed development. Mr. Curtis Randolph and Ms. Barbara Randolph, homeowners residing near the proposed development, voiced their concerns regarding increased noise and lighting that may be associated with the project. Mr. John McCoy, Chief of Current Development, Mr. Holten and Mr. Sweeny proceeded to clarify several inquiries from the commissioners and the public regarding traffic issues, lighting and landscaping at the proposed development. ON MOTION BY Mr. Stewart, SECONDED BY Dr. Day, the members voted unanimously (5-0) to recommend that the Board approve the PD rezoning and conceptual PD plan, and to approve the preliminary PD plan/plat subject to Board approval, with staff recommended conditions. Commissioner's Matters There were none. Planning Matters Mr. McCoy advised the commissioners that there will be a meeting on August 24, 2017. Attorney's Matters There were none. Adjournment There being no further business, the meeting adjourned at 7:37 p.m. PZC/Approved 3 August 10, 2017 F:\BCC\AII Committees\P&Z\2017—AGENDAS & MINUTES\PZC 081017.doc Attachment 2 P285 Vo Attachment 3 P286 ORDINANCE NO. 2017 - AN ORDINANCE OF INDIAN RIVER COUNTY FLORIDA, AMENDING THE ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP FROM CL, LIMITED COMMERCIAL, TO PD, PLANNED DEVELOPMENT, FOR APPROXIMATELY 9.66 ACRES OF LAND GENERALLY LOCATED ON THE SOUTH SIDE OF SR 60 APPROXIMATELY 2,000 FEET EAST OF 58TH AVENUE AND DESCRIBED HEREIN AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission, sitting as the local planning agency on such matters, held a public hearing and subsequently considered this rezoning request; and WHEREAS, the Board of County Commissioners of Indian River County, Florida, did publish and send its Notice of Intent to rezone the hereinafter described property; and WHEREAS, the Board of County Commissioners determined that this rezoning is in conformance with the Comprehensive Plan of Indian River County; and WHEREAS, the Board of County Commissioners held a public hearing pursuant to this rezoning request, at which parties in interest and citizens were heard; NOW, THEREFORE, BE IT ORDAINED, by the Board of County Commissioners of Indian River County, Florida, that the zoning of the following described property situated in Indian River County, Florida, to -wit: LEGAL DESCRIPTION: ALL THAT PART OF TRACT 11, LYING NORTH OF THE NORTH RIGHT-OF-WAY LINE OF THE MAIN CANAL 300 FEET WIDE RIGHT-OF-WAY, SECTION 4, TOWNSHIP 33 SOUTH, RANGE 39 EAST, ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY AS RECORDED IN PLAT BOOK 2, PAGE 25 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; LESS AND EXCEPT THE FOLLOWING DESCRIBED PARCEL: COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHWEST ONE- QUARTER OF SAID SECTION 4, RUN SOUTH 89°06'10" EAST ALONG THE EAST - WEST QUARTER SECTION LINE, A DISTANCE OF 1331.39 FEET TO THE NORTHWEST CORNER OF SAID TRACT 11; THENCE SOUTH 00°17'50" WEST A DISTANCE OF 30.00 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF STATE ROAD NO. 60 (OSCEOLA BLVD.) AND POINT OF BEGINNING. FROM SAID POINT OF BEGINNING RUN SOUTH 89°06'10" EAST ALONG SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 668.39 FEET; THENCE RUN SOUTH 00°1750" WEST A DISTANCE OF 760.78 FEET TO THE AFOREMENTIONED NORTH RIGHT-OF-WAY LINE OF THE MAIN CANAL; THENCE RUN SOUTH 69°37'23" WEST ALONG SAID NORTH RIGHT-OF-WAY LINE A DISTANCE OF 714.36 FEET TO THE WEST LINE OF AFOREMENTIONED TRACT 11; THENCE RUN NORTH 00°17'50" EAST ALONG SAID WEST LINE A DISTANCE OF 1019.98 FEET TO THE AFOREMENTIONED SOUTH RIGHT-OF-WAY LINE OF STATE ROAD 60 AND POINT OF BEGINNING. Attachment 4 P287 ORDINANCE NO. 2017 - BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHWEST ONE- QUARTER OF THE AFOREMENTIONED SECTION 4, RUN SOUTH 89°06'10" EAST ALONG THE EAST -WEST QUARTER SECTION LINE A DISTANCE OF 2000.09 FEET; THENCE RUN SOUTH 00°53'50" WEST, A DISTANCE OF 30.00 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF STATE ROAD 60 (OSCEOLA BLVD.) AND POINT OF BEGINNING OF SUBJECT PARCEL; FROM POINT OF BEGINNING RUN SOUTH 89°06'10" EAST ALONG SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 666.04 FEET TO A POINT ON THE EAST LINE OF SAID TRACT 11, SAID POINT LYING 30 FEET SOUTH OF THE NORTHEAST CORNER OF SAID TRACT 11; THENCE RUN SOUTH 00°17'58" WEST ALONG THE EAST LINE OF SAID TRACT 11 A DISTANCE OF 502.50 FEET TO THE NORTH LINE OF THE MAIN CANAL 300 FEET WIDE RIGHT-OF-WAY; THENCE RUN SOUTH 69°37'23" WEST ALONG SAID NORTH RIGHT-OF-WAY A DISTANCE OF 711.81 FEET; THENCE RUN NORTH 00°1T50" EAST A DISTANCE OF 760.78 FEET TO THE POINT OF BEGINNING ON THE SOUTH RIGHT-OF-WAY OF STATE ROAD 60. SAID DESCRIBED PARCEL NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA is changed from CL, Limited Commercial, to PD, Planned Development, with the general project layout as depicted in the attached conceptual PD plan (Exhibit A). The uses allowed shall be limited to the uses allowed in the CL District as listed in the use table in section 911.10 by the approval process specified in the same table, except that "automotive fluid sales and services" and "drive through restaurants" shall be permitted uses. All with the meaning and intent and as set forth and described in said Land Development Regulations. This ordinance shall become effective upon filing with the Department of State. This ordinance was advertised in the Press -Journal on the 28`" day of August, 2017, for a public hearing to be held on the 12th day of September, 2017, at which time it was moved for adoption by Commissioner , seconded by Commissioner , and Chairman Joseph E. Flescher Vice Chairman Peter D. O'Bryan Commissioner Susan Adams Commissioner Tim Zorc Commissioner Bob Solari Attachment 4 P288 ORDINANCE NO. 2017 - BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY BY: Joseph E. Flescher, Chairman ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller BY: Deputy Clerk This ordinance was filed with the Department of State on the following date: APPROVED AS TO FORM AND LEGAL SUFFICIENCY Dylan Reingold, County Attorney APPROVED AS TO PLANNING MATTERS Stan Boling, AICP; Community Development Director Attachment 4 P289 Exhibit "A" Attachment 4 P290 ,0.1-13,11«... COI 091. 11 '1000 040A 31.15 1331115 111v00551 14/1011-1311. /102 WOH(((AalWDI ONI 'H1f1OS 213AONO)1 aOd O311Vd3ad 996ZE 1J H0V3e Oa3A'IS .10Z RIS 3Wf1OS HOV38 O2:13A ee•seloro, ••• swies-eemes es Amen es Ness les vsseeemer Imo ••••-••••es 4 women. 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ON P299 /14 COUNTY ADMINISTRATOR MATTERS INDIAN RIVER COUNTY MEMORANDUM TO: The Honorable Board of County Commissioners THRU Jason Brown County Administrator FROM: Suzanne BoyII " Human Resources Director DATE: September 6, 2017 SUBJECT: Collective Bargaining Agreement between Indian River County and Teamsters, Local Union No. 769 — FY2017/18 General Wage Increase The collective bargaining agreement between Indian River County and the Teamsters, Local Union No. 769 provides for a wage reopener to negotiate a general wage adjustment for the second and third year of the agreement (FY2017/18 and FY2018/19). The parties met on several occasions to negotiate a wage adjustment for FY2017/18. Tentative agreement was reached on August 16, 2017 to provide a 2.5% general wage increase effective the first full pay period in October. This wage adjustment would increase the minimum and maximum of the pay plan for each position represented by the Teamsters. The proposed agreement was submitted to the Teamsters membership and ratified by the Union on September 5, 2017. The wage 2.5% wage increase is presented to the Board of County Commissioners for approval. FUNDING: Funds are budgeted and available in the FY2017/18 budget to provide for the recommended wage increase. RECOMMENDATION: Staff respectfully recommends approval of a 2.5% general wage increase for employees represented by the Teamsters, Local Union No. 769 effective the first full pay period in October 2017 and requests the Board authorize its Chairman to sign the amendment to Article 33 - Wages of the collective bargaining agreement providing for the general wage increase. ATTACHMENTS: Proposed Amendment to Article 33 - Wages of the Agreement between Indian River County and the Teamsters, Local Union No. 769 and Exhibit A P300 FIRST AMENDMENT TO OCTOBER 1, 2016 COLLECTIVE BARGAINING AGREEMENT THIS FIRST AMENDMENT by and between INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS, hereinafter referred to as the "County", and the TEAMSTERS UNION LOCAL NO. 769, hereinafter referred to as the "Union". WHEREAS, effective October 1, 2017, the parties entered into a Collective Bargaining Agreement, hereinafter referred to as the "Agreement", for the period October 1, 2016 through and including September 30, 2019; and, WHEREAS, Article 33, Wages, provides for bargaining unit employees to receive general wage increases, anniversary increases, and lump sum payments, if any, mutually agreed to by the County and the Union. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree to amend the Agreement as follows: 1. Article 33, Wages, shall be amended as set forth in Exhibit "A". 2. The remaining terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment on the date below written. INDIAN RIVER COUNTY TEAMSTERS UNION LOCAL NO. 769 BOARD OF COUNTY COMMISSIONERS By By Joseph E. Flescher, Chairman Steve Myers, Jr., Business Representative Date Ratified by the Union on the day of September 2017 Jason E. Brown, County Administrator Attest: Approved as to form and legal sufficiency: Jeffrey R. Smith Clerk of the Court and Comptroller By: Dylan T. Reingold, County Attorney Deputy Clerk P301 EXHIBIT "A" ARTICLE 33 - WAGES 33.1 For fiscal years, FY 2016/2017, 2017/2018 and 2018/2019 employees will receive a 2.5% anniversary increase, or the same increase as non-union employees under the County Administrator's purview if greater than 2.5%, not to exceed the top of the employee's pay range. Bargaining unit employees who are topped out in their pay range shall receive a lump sum anniversary amount in the amount of $800 for FY2016/2017, $1000 for FY2017/2018, and $1200 for FY2018/2019 (prorated for part-time employees), or the same amount as non-union employees under the County Administrator's purview if greater than the stated amounts not added to their base upon successful evaluation. Employees within the established lump sum payment amount (prorated for part-timers) of the maximum of the range shall receive an increase in base pay up to the maximum of the range and shall receive the difference between that amount and the established lump sum payment in a lump sum payment. Any anniversary increases or lump sum increases after the expiration of this Agreement shall be subject to collective bargaining. 33.2 For fiscal year FY2016/2017, bargaining unit employees will receive a 3% cost of living increase effective the first full pay period in October 2016, or the same increase as employees under the County Administrator's purview for fiscal year FY 2016/2017 if greater than 3%. For fiscal year FY2017/2018, bargaining unit employees will receive a 2.5% general wage increase effective the first full pay period in October 2017, or the same increase as employees under the County Administrator's purview for fiscal year FY2017/2018 if greater than 2.5%. For FY 2017/2018 and 2018/2019, the parties mutually agree to reopen this section and collectively bargain future Gest-ef-tiviff general wage increases. Any general wage increases after the expiration of this agreement shall be subject to collective bargaining. 33.3 For the life of this Agreement the promotion probation pay increase shall be 5%. P302 33.4 Full-time employees who actually work established full-time shifts (8 hours, 10 hours, etc.) that start at or after 1:00 p.m. or before 4:00 a.m. will be eligible for shift differential at a rate of 5% of the regular hourly rate for the shift worked. Any shift beginning between 4:00 a.m. and 1:00 p.m. is excluded. Shift differential is automatically added to the regular hourly rate for the purpose of computing overtime pay. Any employees receiving shift differential, whose established shift is outside the stated guidelines, will no longer receive it. 33.5 For the life of this Agreement, if the County identifies a bonifide recruitment and retention issue for a bargaining unit position, the parties may meet to discuss and present practical solutions to address the concern. Nothing herein is intended to expand the rights and privileges extended to the Union pursuant to Article 33.2 of this Agreement with respect to wage reopening and collective bargaining process for FY 2017/2018 and FY2018/2019. P303 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM DISTRICT TO: Honorable Emergency Services District Board of Commissioners THROUGH: Jason E. Brown, County Administrator THROUGH: John King, Director of Emergency Services FROM: Brian Burkeen, Assistant Chief DATE: August 30, 2017 151/ SUBJECT: Approval to Purchase Sole Source Equipment for Fire -Rescue It is respectfully requested that the information contained herein be given formal consideration by the Honorable District Board of Commissioners at the next scheduled meeting. DESCRIPTION AND CONDITIONS: Staff recommends the Board approve Physio Control and Stryker as sole source vendors and authorize the purchase of two (2) LifePak 15 units & one (1) Stryker power stretcher for Fire -Rescue Station No. 14, which is scheduled to open October 2017. The Fire -Rescue Division exclusively uses this equipment throughout the fleet, which affords interchangeability and streamlines training, regardless of which vehicle employees are assigned to. FUNDING: Funding for this purchase is available in the Fire Rescue Construction in Progress account. ITEM AMOUNT ACCOUNT NUMBER LifePak 15 $69,925.16 31512022-066510-15015 Power Stretcher, Power Load System & Stair Chair $42,279.74 31512022-066510-15015 TOTAL $112,204.90 RECOMMENDATION: Staff recommends the Board approve the purchases and to identify Physio Control and Stryker as sole source vendors for future purchases. ATTACHMENTS: 1. Sole Source Letter for Physio Control 2. Sole Source Letter for Stryker P304 PHYSIO CONTROL Physio -Control, Inc. I Lifesaving starts here - ADDRESS 11811 Willows Road NE Redmond, WA 98052 PHONE GENERAL 425 867 4000 TOLL-FREE 800 442 1142 www.physio-controLcom September 7, 2017 Dear Customer, Physio -Control, Inc. is the sole -source provider in the Hospital (hospitals and hospital -owned facilities), Emergency Response Services and Emergency Response Training (paramedics, professional and volunteer fire) markets for the following products: • New LIFEPAK® 15 monitor/defibrillators • New LIFEPAK 20e defibrillator/monitors • New LIFEPAK 1000 automated external defibrillators • New LUCAS® Chest Compression Systems • TrueCPRTM Coaching Devices Physio -Control, Inc. is the sole -source provider in all markets for the following products & services: • RELISH (Refurbished Equipment from the Lifesaving Innovators) devices • LIFENET® System and related software • Factory -authorized inspection and repair services which include repair parts, upgrades, inspections and repairs • HealthEMS® Software • HomeSolutions.NET® Software • ACLS (non -clinical) LIFEPAK® defibrillator/monitors Physio -Control is also the sole source distributor of the following products for EMS customers in the U.S. and Canadian markets: • McGRATH® MAC EMS Video Laryngosope • McGRATH® MAC Disposable Laryngoscope Blades • McGRATH® X Blade -RI does not authorize any resellers to sell these products or services in the markets listed above. We will not fulfill orders placed by non -authorized businesses seeking to resell our products. If you have questions, please feel free to contact your local Physio -Control sales representative at 800.442.1142. Best regards, PHYSIO -CONTROL, INC. Vice -President, Americas Sales P305 Sam Bossley Associate Marketing Manager — EMS 3800 E. Centre Ave. Portage, MI 49002 t: 269 389 6628 sam.bossley@stryker.com Date: January, 2017 Re: Power -PRO XT Ambulance Cot Sole Source Information To Whom It May Concern, stryker° Medical Stryker Medical certifies that we are the sole manufacturer of the Stryker EMS Power -PRO XT (Model 6506). This correspondence is to inform you of the unique characteristics of the Power -PRO XT Ambulance Cot. These characteristics can be broken down into two primary categories: Independent Qualification, and Ease of Use and Maintenance. Independent Qualification • IPX6: The system is rated to withstand powerful water jets. • IEC 60601-1 and IEC 60601-1-2: This certification indicates that Power -PRO conforms to industry standards for mechanical and electrical safety for medical electrical devices, as well as electromagnetic compatibility and immunity. • BS EN -1789 clause 4.5.9: This is a European dynamic crash test which subjects a 50th percentile dummy to a nominal l Og deceleration for a minimum of 50ms. Following the test there shall be no sharp edges or danger to the safety of persons in the road ambulance. Ease of Use and Maintenance • The cot has a weight capacity of 7001bs. • When unloading with the manual release handle, the cot utilizes hydraulic dampening. Thus, the cot will not abruptly jar the operator or the patient. • The battery is placed at the foot -end of the stretcher. • The cot legs power -retract in 2.4 seconds which speeds load times. • The cot provides the highest possible load height of any cot on the market at 36" and is operator adjustable to match the deck height of individual ambulances. • The foot -end of the cot provides lifting bars and operator controls at two different heights, thus providing optimum ergonomics to most operator heights. • The foot -end of the cot contains a large battery indicator light which displays amber or green which indicates battery level. A warning is given by a flashing amber light, providing the operator the time to change the battery before full depletion of power. • The Model 6506 has 6" x 2" sealed bearing casters — the largest in the industry. • The cot features a foot -end -mounted hourly usage meter. This is an easy tool to determine the timing of preventative maintenance checks. Only conforms when used with Power -LOAD (model 6390). P306 • The cot features powder -coating of the entire aluminum frame (including the patient handling surfaces), thus eliminating aluminum oxidation throughout the cot. • All caster bearings are sealed, eliminating timely and costly lubrication. • The cot is power -washable. Please forward any further questions to your Stryker sales representative. Sincerely, Sam Bossley P307 3800 E. Centre Ave. Portage, MI 49002 t: 269 329 2100 f: 269 329 2213 wwwstryker.com Date: January, 2017 Re: Power -LOAD Cot Fastener Sole Source Information To Whom It May Concern: stryker Medical Stryker Medical certifies that we are the sole manufacturer of the Stryker EMS Power -LOAD (Model 6390). This correspondence is to inform you of the unique characteristics of the Power - LOAD Cot Fastener. These characteristics can be broken down into two primary categories: Independent Qualification, and Ease of Use. The Stryker EMS Power -LOAD (Model 6390) cot fastening system is mounted within the patient compartment and is intended to aid in the loading/unloading of patients. The Stryker Power -LOAD is the only powered cot fastening system that meets the following: Independent Qualification • IPX6: The system is rated to withstand powerful water jets. • IEC 60601-1 and IEC 60601-1-2: This certification indicates that Power -LOAD conforms to industry standards for mechanical and electrical safety for medical electrical devices, as well as electromagnetic compatibility and immunity. • BS EN -1789 clause 4.5.9: This is a European dynamic crash test which subjects a 50th percentile dummy to a nominal IOg deceleration for a minimum of 50ms. Following the test there shall be no sharp edges or danger to the safety of persons in the road ambulance. Ease of Use • Device must provide a linear guide when loading and unloading the cot • Device must allow for remote actuation from Power -PRO foot end controls • Device must engage to the cot during loading and unloading, providing a means of lifting and lowering • Device must allow for manual back-up operation in the event of power failure or system error • Device must have a safe working load of 870 lbs and be capable of lifting patients weighing up to 700Ibs. • Device must be mounted inside the patient compartment to prevent environmental exposure and corrosion • Device must be power washable • Device must be capable of inductively charging the Stryker SMRT cot battery Please contact your Stryker Sales Representative for further information. P308 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM I v • • DISTRICT TO: Honorable Emergency Services District Board of Commissioners THROUGH: Jason E. Brown, County Administrator THROUGH: John King, Director of Emergency Services FROM: Brian Burkeen, Assistant Chief DATE: August 30, 2017 SUBJECT: Approval to Purchase Sole Source Equipment for Fire -Rescue It is respectfully requested that the information contained herein be given formal consideration by the Honorable District Board of Commissioners at the next scheduled meeting. DESCRIPTION AND CONDITIONS: Staff recommends the Board approve Physio Control and Stryker as sole source vendors and authorize the purchase of two (2) LifePak 15 units & one (1) Stryker power stretcher for Fire -Rescue Station No. 14, which is scheduled to open October 2017. The Fire -Rescue Division exclusively uses this equipment throughout the fleet, which affords interchangeability and streamlines training, regardless of which vehicle employees are assigned to. FUNDING: Funding for this purchase is available in the Fire Rescue Construction in Progress account. ITEM AMOUNT ACCOUNT NUMBER LifePak 15 $69,925.16 31512022-066510-15015 Power Stretcher, Power Load System & Stair Chair $42,279.74 31512022-066510-15015 TOTAL $112,204.90 RECOMMENDATION: Staff recommends the Board approve the purchases and to identify Physio Control and Stryker as sole source vendors for future purchases. ATTACHMENTS: 1. Sole Source Letter for Physio Control 2. Sole Source Letter for Stryker Physio -Control, Inc. I Lifesaving starts here. - ADDRESS 11811 Willows Road NE Redmond. WA 98052 PHONE GENERAL 425 8674000 TOLL-FREE 800 442 1142 www.physio-control.com August 10, 2017 Dear Customer, Physio -Control, Inc. is the sole -source provider in the Hospital (hospitals and hospital -owned facilities), Emergency Response Services and Emergency Response Training (paramedics, professional and volunteer fire) markets for the following products: o New LIFEPAK® 15 monitor/defibrillators o New LIFEPAK 20e defibrillator/monitors • New LIFEPAK 1000 automated external defibrillators • New LUCAS® Chest Compression Systems • TrueCPRT"" Coaching Devices Physio -Control, Inc. is the sole -source provider in all markets for the following products & services: • RELISM (Refurbished Equipment from the Lifesaving Innovators) devices o LIFENET® System and related software o Factory -authorized inspection and repair services which include repair parts, upgrades, inspections and repairs o HealthEMS® Software o HomeSolutions.NET® Software o ACLS (non -clinical) LIFEPAK® defibrillator/monitors Physio -Control is also the sole source distributor of the following products for EMS customers in the U.S. and Canadian markets: o McGRATH® MAC EMS Video Laryngosope • McGRATH® MAC Disposable Laryngoscope Blades o McGRATH® X Blade TM Physio -Control does not authorize any resellers to sell these products or services in the markets listed above. We will not fulfill orders placed by non -authorized businesses seeking to resell our products. If you have questions, please feel free to contact your local Physio -Control sales representative at 800.442.1142. Best regards, PHYSIO -CONTROL, INC. Vice -President, Americas Sales Sam Bossley Associate Marketing Manager — EMS 3800 E. Centre Ave. Portage, MI 49002 t: 269 389 6628 sam.bossley@stryker.com Date: January, 2017 Re: Power -PRO XT Ambulance Cot Sole Source Information To Whom It May Concern, stinker Medical Stryker Medical certifies that we are the sole manufacturer of the Stryker EMS Power -PRO XT (Model 6506). This correspondence is to inform you of the unique characteristics of the Power -PRO XT Ambulance Cot. These characteristics can be broken down into two primary categories: Independent Qualification, and Ease of Use and Maintenance. Independent Qualification • IPX6: The system is rated to withstand powerful water jets. • IEC 60601-1 and IEC 60601-1-2: This certification indicates that Power -PRO conforms to industry standards for mechanical and electrical safety for medical electrical devices, as well as electromagnetic compatibility and immunity. • BS EN -1789 clause 4.5.9: This is a European dynamic crash test which subjects a 50th percentile dummy to a nominal 10g deceleration for a minimum of 50ms. Following the test there shall be no sharp edges or danger to the safety of persons in the road ambulance. Ease of Use and Maintenance • The cot has a weight capacity of 7001bs. • When unloading with the manual release handle, the cot utilizes hydraulic dampening. Thus, the cot will not abruptly jar the operator or the patient. • The battery is placed at the foot -end of the stretcher. • The cot legs power -retract in 2.4 seconds which speeds load times. • The cot provides the highest possible load height of any cot on the market at 36" and is operator adjustable to match the deck height of individual ambulances. • The foot -end of the cot provides lifting bars and operator controls at two different heights, thus providing optimum ergonomics to most operator heights. • The foot -end of the cot contains a large battery indicator light which displays amber or green which indicates battery level. A warning is given by a flashing amber light, providing the operator the time to change the battery before full depletion of power. • The Model 6506 has 6" x 2" sealed bearing casters — the largest in the industry. • The cot features a foot -end -mounted hourly usage meter. This is an easy tool to determine the timing of preventative maintenance checks. Only conforms when used with Power -LOAD (model 6390). 311 3800 E. Centre Ave. Portage, MI 49002 t: 269 329 2100 f: 269 329 2213 www.stryker.com Date: January, 2017 Re: Power -LOAD Cot Fastener Sole Source Information To Whom It May Concern: stryker® Medical Stryker Medical certifies that we are the sole manufacturer of the Stryker EMS Power -LOAD (Model 6390). This correspondence is to inform you of the unique characteristics of the Power - LOAD Cot Fastener. These characteristics can be broken down into two primary categories: Independent Qualification, and Ease of Use. The Stryker EMS Power -LOAD (Model 6390) cot fastening system is mounted within the patient compartment and is intended to aid in the loading/unloading of patients. The Stryker Power -LOAD is the only powered cot fastening system that meets the following: Independent Qualification • IPX6: The system is rated to withstand powerful water jets. • IEC 60601-1 and IEC 60601-1-2: This certification indicates that Power -LOAD conforms to industry standards for mechanical and electrical safety for medical electrical devices, as well as electromagnetic compatibility and immunity. • BS EN -1789 clause 4.5.9: This is a European dynamic crash test which subjects a 50th percentile dummy to a nominal l Og deceleration for a minimum of 50ms. Following the test there shall be no sharp edges or danger to the safety of persons in the road ambulance. Ease of Use • Device must provide a linear guide when loading and unloading the cot • Device must allow for remote actuation from Power -PRO foot end controls • Device must engage to the cot during loading and unloading, providing a means of lifting and lowering • Device must allow for manual back-up operation in the event of power failure or system error • Device must have a safe working load of 870 lbs and be capable of lifting patients weighing up to 7001bs. • Device must be mounted inside the patient compartment to prevent environmental exposure and corrosion • Device must be power washable • Device must be capable of inductively charging the Stryker SMRT cot battery Please contact your Stryker Sales Representative for further information. 3a • The cot features powder -coating of the entire aluminum frame (including the patient handling surfaces), thus eliminating aluminum oxidation throughout the cot. • All caster bearings are sealed, eliminating timely and costly lubrication. • The cot is power -washable. Please forward any further questions to your Stryker sales representative. Sincerely, Sam Bossley INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT BOARD MEMORANDUM Date: September 8, 2017 To: Jason E. Brown, County Administrator From: Vincent Burke, P.E., Director of Utility Services Prepared By: Himanshu H. Mehta, P.E., Managing Director, Solid Waste Disposal District Subject: Tenth Amendment to Republic Services DESCRIPTIONS AND CONDITIONS: On November 16, 2010, the Solid Waste Disposal District (SWDD) Board authorized the Solid Waste Operations and Maintenance Agreement with Republic Services of Florida, LP (Republic Services). The agreement is for the operation and maintenance of the county's Class 1 landfill as well as non -Class 1 landfill services. Per a contract extension by the SWDD Board on February 21, 2017 the agreement is valid through December 31, 2024. As a result of approaching Hurricane Irma, on September 4, 2017, the Governor of Florida declared a State of Emergency through Executive Order 17-235 for the entire State of Florida. Subsequently, on September 7, 2017, the County Administrator declared a State of Emergency for Indian River County. Republic Services has provided a Hurricane Preparedness Plan for the 2017 Hurricane Season to allow a seamless disposal of storm debris at the landfill and the Customer Convenience Centers (CCC's) with the least amount of effect on the residents of Indian River County. Staff supports this Tenth Amendment to Republic Services to provide additional services after Hurricane Irma. Please note, some landfill gas work needs to be completed within this month which is also included in this amendment. ANALYSIS: Staff and Republic Services have been developing a Hurricane Preparedness Plan for the 2017 Hurricane Season. The following is a summary of services and costs: • Landfill Operations and Maintenance — It is expected that there will be a significant volume increase for disposal into the Indian River County Landfill as a result of the post storm cleanup activities. Republic Services has acknowledged that the current tipping fee of $14.86 per ton is sufficient to cover the additional operational and maintenance costs for the landfill utilizing existing equipment. The amendment does include SWDD providing reimbursement for mobilization and rental of equipment that is currently not part of routine operations. The amendment also allows for reimbursement for additional costs associated with extra materials for road maintenance and for costs for pumping excessive leachate. C:\Granicus\Legistar5\L5\Temp\7ce2ccb9-a61e-4852-b229-6a5b815412e8.doc Page 1 of 2 si4 • Customer Convenience Centers — A provision is included in the amendment to allow for extending the days/hours of operations of the CCC's at a cost of $37.13 per hour per person. Republic Services will utilize all of their current resources for the cleanup; however, there is a provision for reimbursement for any third -party services to expedite the cleanup. Excessive volume is also expected at the CCC's therefore a provision is included for reimbursement of costs associated with additional hauling to the landfill for disposal which are set at $8.15 per cubic yard. This amendment also includes some landfill gas work needs to be completed within this month. Republic Services will utilize their subcontractor SCS Field Services to install horizontal landfill gas collectors in the amount of $55,000. In addition, an as -built survey for this work will be provided for an not to exceed cost of $5,000 for a total cost of $60,000. FUNDING: Funding for the SWDD Class 1 landfill services is budgeted and available in the SWDD landfill account, and SWDD non -Class 1 landfill services is budgeted and available in the SWDD recycling account. Both are funded from SWDD assessments and user fees. However, a special account has been setup to track Hurricane Irma expenses. Description Account Number Amount Landfill - Contractual Services 41121734-033490-17026 $60,000 for Landfill Gas Services Hurricane Expenses - To Be Determined Recycling - Contractual Services 41125534-033490-17026 Hurricane Expenses - To Be Determined RECOMMENDATION: SWDD staff recommends that its Board approve the following: a. Approve the Tenth Amendment to Republic Services to provide additional services in response to Hurricane Irma for the Class 1 landfill services and for the non -Class 1 landfill services. b. Authorize the Chairman to execute the same, as presented. ATTACHMENT(s): 1) Tenth Amendment to Republic Services C:\Granicus\Legistar5\L5\Temp\7ce2ccb9-a6le-4852-b229-6a5b815412e8.doc Page 2 of 2 36" TENTH AMENDMENT TO CONTRACT AGREEMENT INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT, INDIAN RIVER COUNTY, FLORIDA SOLID WASTE OPERATIONS AND MAINTENANCE THIS TENTH AMENDMENT TO CONTRACT AGREEMENT INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT, INDIAN RIVER COUNTY, FLORIDA SOLID WASTE OPERATIONS AND MAINTENANCE ("Tenth Amendment") is entered into as of the day of , 2017 by and between Indian River County Solid Waste Disposal District, a dependent special district of Indian River County, Florida, whose address is 1801 27th Street, Vero Beach, Florida (hereinafter referred to as the "District" or "SWDD"), and Republic Services of Florida, Limited Partnership, whose address is 3905 Oslo Road, Vero Beach, Florida 32968 (the "Contractor"). RECITALS WHEREAS, on January 1, 2011, SWDD and Contractor entered into that certain Contract Agreement Indian River County Solid Waste Disposal District Indian River County, Florida Solid Waste Operations and Maintenance, as amended by the First Amendment to Contract Agreement, dated February 7, 2012; the Second Amendment to Contract Agreement, dated April 2, 2013; the Third Amendment to Contract Agreement, dated November 12, 2013; the Fourth Amendment to Contract Agreement, dated July 8, 2014; the Fifth Amendment to Contract Agreement, dated November 4, 2014; the Sixth Amendment to Contract Agreement, dated January 20, 2015; the Seventh Amendment to Contract Agreement, dated May 17, 2016; the Eight Amendment to Contract Agreement, dated December 15, 2016; and the Ninth Amendment and Extension to Contract Agreement, dated February 21, 2017 (the "Contract") for the Contractor to operate and maintain the SWDD landfill and customer convenience centers ("CCCs"); and WHEREAS, under the terms of the Contract, the Contractor, at SWDD's request and subject to mutually satisfactory negotiated terms and acceptable compensation, shall provide additional services in connection with the Indian River County Landfill and the customer convenience centers not included above and as required by SWDD; and WHEREAS, the Contractor and SWDD have mutually agreed to revise the Contract as set forth herein. NOW THEREFORE, in consideration of the mutual undertakings herein and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree, as follows: 1. Recitals. The above recitals are true and correct and are incorporated herein. 2. The existing Article 1— SCOPE OF WORK of the Contract is modified to include the following: Tenth Amendment to Contract Page 1 of 6 .34 Landfill Gas Wells: Republic Services shall through its subcontractor, SCS Field Services (SCS), proceed with the attached proposal to Install Horizontal Landfill Gas Collectors in the amount of $55,000. In addition, an As -Built Survey for this work shall be performed on a time and materials basis not to exceed $5,000. Please note, the well abandonment task of the proposal was previously approved and is not included in this authorization. The cost for this work shall be included with the next monthly invoice after the work is completed. This work shall be completed by September 30, 2017. Hurricane Preparedness Plan: Republic Services has provided a Hurricane Preparedness Plan for the 2017 Hurricane Season and is included as an attachment to this amendment. This plan is intended to allow for the seamless disposal of storm debris at the landfill and at the Customer Convenience Centers with the least amount of effect on the residents of Indian River County. Upon declaration of a state of emergency and as duly authorized by the County Administrator, Republic Services shall provide and be compensated for additional services as outlined in the plan. 3. Article 5 — GENERAL PROVISIONS of the Contract is modified to include Section P, Q, R, S and T as follows: P. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). In compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5), Franchisee shall be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. No laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. Q. Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended. Franchisee shall comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to SWDD and the Regional Office of the Environmental Protection Agency (EPA). R. Debarment and Suspension (Executive Orders 12549 and 12689) Consistent with 2 CFR 180.220, Franchisee shall not be listed on the government -wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., Tenth Amendment to Contract Page 2 of 6 p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. S. Byrd Anti -Lobbying Amendment (31 U.S.C. 1352) Franchisee shall file the required certification per 31 U.S.C. 1352. Franchisee certifies that it shall not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Franchisee shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures shall be forwarded from tier to tier up to the non -Federal award. T. §200.322 Procurement of recovered materials. To the extent applicable, Franchisee shall comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. 4. Ratification. Except as specifically provided in this Tenth Amendment, all other provisions of the Contract shall remain in full force and effect. [signature page follows] Tenth Amendment to Contract Page 3 of 6 o(� IN WITNESS WHEREOF-. the parties have caused this Tenth Amendment to he executed by their respective duly authorized officers as of the ilav and year first written above. Attest: (Owner) Jeffrey R. Smith. Clerk ol'Court and Comptroller By: Approved By: Solid Waste Disposal District Indian River County, Florida Deputy Clerk Joseph F. Flescher. Chairman Date Approved by SWIM: Approved as to Form and Legal Sufficiency By: Jason F. Brown. County Administrator Dylan T. Reingold. Esq.. County Attorney Signed. sealed, and delivered in the presence Republic Services of Florida. Limited Partnership of: ("Contractor") 13y: Republic Services of Florida GP, Inc., its (j.ral Partner Print Name: sf-e.,0-'/-7 C 1 a(4..S s Print Nance: Tel . I M nrhnrur ru ( IIfrac I 8 h 4-3we • Print Name: Print Title: -6F-441 e/1 ye Ne76 Gr`/yr A1g1 77/16 1 remainder of page intentionally left blank �/ 1 Hurricane Preparedness Plan Indian River County Landfill and Customer Convenience Centers Managed by Republic Services of Florida, Limited Partnership (Republic Services) This hurricane preparedness operation plan for the operation of the Indian River County Landfill and Customer Convenience Centers (CCCs) by Republic Services pursuant to that certain Contract Agreement Indian River County Solid Waste Disposal District, Indian River County, Florida Solid Waste Operations and Maintenance, as amended, is intended to allow for the seamless disposal of storm debris with the least amount of effect on residents of Indian River County. Once a named storm is tracked to the Central Coast of Florida in the proximity of Indian River County, Republic Services will have all of the material at the CCCs emptied by hauling the waste to the Indian River County Landfill. Republic Services will continue the operations of both the landfill and the CCCs until a decision for closure is issued by Indian River County with the agreement of Republic Services. In the event that Republic Services has made a good faith attempt to make contact with Indian River County regarding closure, and is unable to do so and deems it unsafe to continue operation of the landfill or/and CCCs, then Republic Services may discontinue services at the landfill and CCCs. Republic Services will return to the landfill and the CCCs as soon as it is safe to do so after the storm. Republic Services' first priority with respect to services provided to Indian River County will be to assess and document damages at the landfill and the CCCs and to assist in reopening all of the facilities as soon as possible. There may be additional costs to Indian River County to operate the landfill and CCCs after the storm as detailed below. CCC Personnel Costs: The personnel costs consist of the costs to bring employees in for hours in addition to usual and customary hours. Further, if clean-up efforts require additional man-hours to perform proper operation of the CCCs, this will require employees to work beyond usual and customary hours and will require Republic Services to recoup the extra costs. The below amount covers the cost per man-hour to open for additional days/times and/or the additional time required to effectively operate the CCC post -hurricane. Cost for CCC laborer man-hour: $37.13/hour/man CCC Operating Costs: Republic Services will make commercially reasonable efforts to clean up all storm debris at the CCCs in a timely manner. If Indian River County requests expedited clean up, Republic Services will hire third party personnel and clam truck services to perform duties. All third party personnel and services will be billed in addition to hauling and personnel costs. Cost for CCC operations post -hurricane: to be determined by Republic Services CCC Hauling Costs: In order to segregate the tonnage of storm debris from normal waste at the CCCs, Republic Services will submit the waste hauled to the Indian River County Landfill for the previous 6 months, which shall be reconciled with Indian River County's calculation. These amounts will be adjusted for any seasonality and agreed to by Indian River County. Any additional tonnage over the monthly average in the 2 months following the storm that is hauled to the Indian River County Landfill from the CCCs, shall be considered storm debris and shall be charged at the incremental rate stated below. In order to convert the tonnage hauled to a yardage measurement, the appropriate conversion rate shall be: 1 cubic yard = 300 lbs. Cost for hauling additional tonnage from CCC to Indian River County Landfill: $8.15/cubic yard �0 In order to facilitate the inflow of additional storm debris material, the operation of the landfill will also experience additional costs in order to effectively manage the material and comply with all state and federal statutes. Landfill Equipment Costs: Republic Services will use commercially reasonable efforts to effectively and efficiently use all current equipment to manage excessive storm debris. Renting equipment to provide incremental assistance may be required, but not available in the aftermath of a hurricane. If equipment becomes available is required, Indian River County shall reimburse Republic Services for such rental. Republic Services will also attempt to mobilize equipment from other operating divisions. Any additional costs incurred for this mobilization and usage will be reimbursed by Indian River County. Cost for Landfill Equipment mobilization and usage: to be determined by Republic Services Landfill Additional Costs: In case of catastrophic damage, there may be additional costs to operate the Indian River County Landfill that shall be reimbursed by Indian River County. Examples of such costs are: additional rock to shore up access roads to allow traffic flow the landfill waste reception area; additional costs to pump excessive leachate to not overwhelm the current system. In preparation for any catastrophic storm event, Republic Services can accumulate rock and cover at the Indian River County Landfill. If Indian River County elects to absorb costs for accumulation of rock and cover, the associated costs will be provided to the County for approval prior to purchase and accumulation. Landfill Additional Costs: to be determined by Republic Services Republic Services will provide all documentation associated with the additional services to return the landfill and the CCCs to normal operations. Such documentation will include time sheets, truck counts including container sizes and any additional information reasonably requested by Indian River County to verify the costs. Baseline information prior to the storm shall be provided with the documentation. Environmental Consultants and Contractors 1900 Northwest Corporate Blvd. Suite W110 Boca Raton, FL 33431 954-571-9200 FAX 954-418-9800 www.scsengineers.com SCS FIELD SERVICES August 23, 2017 Project No. 07214007.01 Brian Lewis Landfill Operations Manager Republic Services 1327 74th Ave SE Vero Beach, FL 32968 Subject: Proposal to Install Horizontal Landfill Gas Collectors and Abandon Existing Collectors in the Active Cell Indian River Landfill, Vero Beach, Florida Dear Mr. Lewis, SCS Field Services (SCS) is pleased to provide this proposal to you for the subject work. SCS -FS is prepared to order materials immediately upon receipt of approval. The budgetary estimate is outlined below. All work will be performed and invoiced in accordance with our current purchase order BPO05609391. BACKGROUND There are currently six horizontal and five vertical landfill gas (LFG) collectors located in the active cell. Each of these LFG collection points are paired with a vacuum riser pipe. These collectors were installed prior to waste being deposited in the active cell and are no longer effective LFG extraction points due to liquid blocking the perforated sections of piping or crushing of well casings during filling operations. The quantity and density of vertical piping from these collection points and vacuum risers makes filling in these areas cumbersome and creates a potential for damage to the GCCS. It is also not cost effective to continue raising these vertical pipes with each lift of waste since they are no longer adequate LFG collectors and have no influence on collecting LFG from new waste currently being placed. SCS recommends abandoning the eleven collection points and corresponding vacuum risers and replacing them with two new horizontal collectors which will run across the cell from North to South. The new horizontal gas collectors will serve as replacement coverage for the wells which are proposed for abandonment. Additional benefits will be a significant reduction in vertical pipe penetrations along the landfill surface and LFG recovery from the new waste which has been deposited since filling operations started in the new cell. DESCRIPTION OF SERVICES Task One: Installation of Horizontal Collectors SCS will provide the labor, equipment, and materials to install two new horizontal collectors and vacuum lateral piping along the western edge of the new cell (HC-1701N/HC-1701S). Each horizontal collector will consist of approximately 350 feet of 6 -inch HDPE SDR 11 perforated piping and 75 feet of 6 -inch HDPE SDR 11 solid piping based on distance from edge of waste to the center of the cell (approx. located on what is currently HP -12). The trench will be bedded with approx. one foot of 4 -inch tire chips above and below sections of perforated pipe. Minimum trench depth will be Brian Lewis August 23, 2017 Page 2 3 feet at wellhead riser and maximum trench depth will be 16 feet at a 3 to 5 percent slope to allow condensate to drain back into the waste. Solid lateral piping for both the collector and vacuum lines will be bedded with 6- inches of compacted sand. The vacuum lateral for HC -1701N will tie into the existing riser at HP -14 and the vacuum lateral for HC -1701S will tie into the existing riser at EW -6. SCS -FS will install new 2 -inch Landtec wellheads, flex hose and rubber couplings to connect the horizontal collectors to the vacuum laterals. All trench spoils will be backfilled into the trench or deposited on the active working face. Task Two: Abandonment of Existing Vertical and Horizontal Collectors SCS -FS will provide labor, equipment and materials to abandon the following vertical and horizontal collectors in the active cell: EW -6, EW -7, EW -8, A-2, A-3, HP -9, HP -10, HP -11, HP -12, HP -13, HP -14 All PVC wells will be capped with schedule 80 PVC caps using PVC cement and all HDPE lines will be capped with HDPE caps using butt or electrofusion equipment (this includes gas well, vacuum line and air or force main piping as applicable at each location). The vacuum lateral riser at well EW -6 and collector HP -14 will be left as vacuum risers and capped with flange adapters and blind flanges. Task Three: As Built Survey If requested, SCS -FS will provide a surveyor to collect an As -built survey of the new horizontal collectors and vacuum lateral piping. This work will be performed on a time and materials basis using our current MSA rates and standard mark-ups. COMPENSATION Task One — SCS will provide the services described in Task One for a lump sum fee of $55,000. Task Two — SCS will provide the services described in Task Two for a lump sum fee of $14,500. Task Three — Time and Materials. Total Lump Sum Cost — Two (2) Tasks combined is a lump sum fee of $69,500. Thank you for the opportunity to prepare this proposal; we welcome the chance to provide our services to Republic Services. Please contact Brian Basconi at (401) 486-4897 if you have questions or need more information. Sincerely, •...•_ Com« Brian Basconi Project Manager SCS FIELD SERVICES Gregory E. Hansen Project Manager SCS FIELD SERVICES 23