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HomeMy WebLinkAbout11/07/2017 (2)K ORV BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY FLORIDA COMMISSION AGENDA TUESDAY, NOVEMBER 7, 2017 - 9:00 AM Commission Chambers Indian River County Administration Complex 180127th Street, Building A Vero Beach, Florida, 32960-3388 WWW.ircgov.com COUNTY COMMISSIONERS Joseph E. Flescher, Chairman, District 2 Jason E. Brown, County Administrator Peter D. O'Bryan, Vice Chairman, District 4 Dylan Reingold, County Attorney Susan Adams, District 1 Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller Bob Solari, District 5 Tim Zorc, District 3 1. CALL TO ORDER 2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS 2.B. INVOCATION Deputy Teddy Floyd, Indian River County Sheriff Department 3. PLEDGE OF ALLEGIANCE Commissioner Joseph E. Flescher, Chairman 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS 5.A. Presentation of Proclamation Designating November 15, 2017, as National Philanthropy Day 5.13. Presentation of Proclamation Designating the Day of November 11, 2017, as Veterans Day 5.C. Presentation of Proclamation Designating the Month of November, 2017, as National Adoption Awareness Month 5.D. Presentation of Proclamation Celebrating Piper Aircraft Corporation's 80th Anniversary 6. APPROVAL OF MINUTES November 7, 2017 Page 1 of 4 6.A. Regular Meeting of September 19, 2017 6.11. Final Budget Hearing of September 20, 2017 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION 7.A. Before the Florida Public Service Commission Docket No. 20170179 -GU, In Re: Petition for rate increase and approval of depreciation study by Florida City Gas is on file for review in the Office of the Clerk to the Board. 7.8. Update On All Aboard FL/Vero Electric Expenses 7.C. 2017 Sea Turtle Nesting - Season Summary 7.1)Stand Sunday 2017 Foster Care and Adoption Event Flyer 7.E. Piper Aircraft 80th Anniversary Event 8. CONSENT AGENDA 8.A. Checks and Electronic Payments October 13, 2017 to October 19, 2017 8.11. Checks and Electronic Payments October 20, 2017 to October 26, 2017 8.C. Request. for Sole Source to HigherGround Inc. for Maintenance of E911 Call Taking Equipment 8.1). Final Payment and Release of Retainage to Duininck Inc. for IRC Bid #2017016, Sandridge Golf Club's Lakes Course 8.E. Acceptance and Approval of Expenditures of the 2017/2018 Federally -Funded Community Emergency Response Team (CERT) Sub -Grant 8.F. Award of Annual Bid for Sod (2018001) 8.G. Award of Annual Bid for Street Sweeping (2017056) 8.11. Release of Retainage - Schulke, Bittle, and Stoddard, LLC Go -Line Bus Transfer Hub Facility, IRC -1330 8.I. Approval of Change Order and Final Pay for Blue Goose Construction Work Authorization No. 2017-002 to Replace Water Services in "St. David's at Grand Harbor" Subdivision 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 9.A. Indian River County Clerk of the Circuit Court & Comptroller Jeffrey R. Smith: Annual Fiscal Report for the Year Ended September 30, 2017 9.11. Indian River County Property Appraiser David C. Nolte: Annual Fiscal Report for the Year Ended September 30, 2017 November 7, 2017 Page 2 of 4 9.C. Indian River County Sheriff Deryl Loar: Annual Fiscal Report for the Year Ended September 30, 2017 9.D.. Indian River County Supervisor of Elections Leslie R. Swan: Annual Fiscal Report for the Year Ended September 30, 2017 9.E. Indian River County Tax Collector Carole Jean Jordan: Annual Fiscal Report for the Fiscal Year Ended September 30, 2017 10. PUBLIC ITEMS A. PUBLIC HEARINGS B. PUBLIC DISCUSSION ITEMS C. PUBLIC NOTICE ITEMS 10.C.1. . Public Notice of Public Hearing Scheduled for November 14, 2017 to Consider Amending Section 201.07 of Part I of Chapter 201 of the Code of 'Indian River County with regard to Equivalent Residential Units (Legislative) 11. COUNTY ADMINISTRATOR MATTERS 11.A. Sebastian Lionfish Fest 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 12.G.1. Pinson Subdivision Petition Water Assessment Project UCP #4126, the Adoption of Resolution No. IV 13. COUNTY ATTORNEY MATTERS 13.A. Termination of Lease . Agreement with SafeSpace, Inc. for Space at the Indian River County Courthouse 14. COMMISSIONERS MATTERS November 7, 2017 Page 3 of 4 A. Commissioner Joseph E. Flescher. Chairman B. Commissioner Peter D. O'Brvan, Vice Chairman C. Commissioner Susan Adams D. Commissioner Bob Solari 14.D.1. Post -hurricane Debris Collection E. Commissioner Tim Zorc 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District B. Solid Waste Disposal District C. Environmental Control Board 16. ADJOURNMENT Except for those. matters specifically exempted under the State Statute and Local Ordinance, the Board shall provide an opportunity for public comment prior to the undertaking by the Board of any action on the agenda, including those matters on the Consent Agenda.. Public comment shall also be heard on any proposition which the Board is to take action which was either not on the Board agenda or distributed to the public prior to the commencement of the meeting. Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal will be based. Anyone who needs a special accommodation for this meeting may contact the County's Americans with Disabilities Act (ADA) Coordinator at (772) 226-1223 at least 48 hours in advance of meeting. Anyone who needs special accommodation with a hearing aid for this meeting may contact the Board of County Commission Office at 772-226-1490 at least 20 hours in advance of the meeting. The full agenda is available on line at the Indian River County Website at www.ircp-ov.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. November 7, 2017 Page 4 of 4 5,&. PROCLAMATION DESIGNATING NOVEMBER 15, 2017 AS NATIONAL PHILANTHROPY DAY WHEREAS, philanthropy is a uniquely American tradition and our American nonprofit sector is the model for countries around the world; and WHEREAS, the history of American philanthropy is filled with the names of the earliest Americans, and their efforts spawned universities, free public libraries, homes for widows and orphans and volunteer fire departments, to name a few; and WHEREAS, in 2016, Americans contributed more than $390 billion to 1.5 million charities registered with the Internal Revenue Service and contributed more than 7.9 billion volunteer hours to nonprofit organizations; and WHEREAS, today the nonprofit sector affects nearly every citizen in one way or another, from museums and concerts, school -sponsored day trips, little leagues and other groups that enrich our youth, to social services agencies that provide food, clothing, housing and training for those less fortunate. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that November 15, 2017 be designated as NATIONAL PHILANTHROPY DAY in Indian River County, and the Board urges all its citizens to recognize the tradition of philanthropy as it continues to improve and enhance the lives of all by promoting the common good. Adopted this 7th day of November, 2017. BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA Joseph E. Flescher, Chairman Peter D. O'Bryan, Vice Chairman Susan Adams Bob Solari Tim Zorc P1 S. B -. PROCLAMATION DESIGNATING THE DAY OF NOVEMBER 11, 2017, AS VETERANS DAY WHEREAS, on May 13, 1938 Congress approved an Act designating November 11 th as Armistice Day commemorating the end of World War I and paying tribute to the heroes of that war; and WHEREAS, on June 1, 1954 Congress approved an Act changing the name of Armistice Day to Veterans Day in order to also pay tribute to the veterans of World War 11 and veterans of all wars who have contributed so much to the preservation of our Nation; and WHEREAS, over 15,000 veterans of all wars presently reside in Indian River County, which is host to 24 veteran organizations; and WHEREAS, veterans residing in Indian River County individually and collectively as members of veteran organizations, contribute in many ways to the welfare and betterment of the social, cultural and economic life of Indian River County; and WHEREAS, the Indian River County Veterans Council consisting of representatives from 24 City and County veteran organizations annually observe Veterans Day, as well as all patriotic observance days, by holding ceremonies at Veterans Memorial Island Sanctuary in Vero Beach; and WHEREAS, Indian River County and some of its prominent citizens of the past and present have established Veterans Memorial Island Sanctuary as a place. to commemorate and pay tribute to all veterans of all wars; and WHEREAS, the City Council of Vero Beach maintains, improves and makes Veterans Memorial Island Sanctuary one of the finest veteran landmarks in the United States that pays tribute to all veterans that have served our Country. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that November 11, 2017 be designated as "VETERANS DAY" and the Board encourages all citizens to fly the American flag to pay tribute to all veterans living and deceased and to attend the Veterans Day service at 8:45 a.m. at Veterans Memorial Island Sanctuary on Friday, November 11, 2017. Adopted this 7th day of November, 2017. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Joseph E. Flescher, Chairman Peter D. O'Bryan, Vice Chairman Susan Adams Bob Solari Tim Zorc P2 S. C. PROCLAMATION DESIGNATING THE MONTH OF NOVEMBER, 2017, AS NATIONAL ADOPTION AWARENESS MONTH WHEREAS, Place of Hope and Devereux CBC have upheld our legacy of transforming the lives of children and families; and WHEREAS, there are currently 1,007 children being served by the child welfare system across the Treasure Coast, with 179 children in Indian River County; and WHEREAS, there are 44 children awaiting adoption without an identified home, 20 from Indian River County; and WHEREAS, Place of Hope and Devereux CBC, work diligently with the Department of Children and Families to ensure that every child has a forever family; and WHEREAS, children waiting for adoptive parents, and families who have adopted these children, require and deserve community and agency support; and WHEREAS, Place of Hope and Devereux CBC, along with community partners embraces opportunities that can potentially change the way society cares for children and youth. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the month of November, 2017, be designated as NATIONAL ADOPTION AWARENESS MONTH in Indian River County. In honor of this event, we encourage community agencies, religious organizations, businesses, and others to celebrate adoption, honor families that grow through adoption, further an awareness of the changes and issues in adoption, and focus attention on those children who live in the shadow of an uncertain future while they await forever families. Adopted this 7th day of November, 2017 BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA Joseph E. Flescher, Chairman Peter D. O'Bryan, Vice Chairman Susan Adams Bob Solari Tim Zorc P3 - D. PROCLAMATION CELEBRATING PIPER AIRCRAFT CORPORATION 80TH ANNIVERSARY WHEREAS, William T. Piper started the Piper Aircraft Corporation in 1937 with the introduction of the Piper Cub; and WHEREAS, Piper Aircraft Corporation will be holding the 2017 Piper Fly -In at the Vero Beach Airport on Saturday, November 11, 2017, to celebrate the 80th Anniversary of the corporation; and WHEREAS, Piper Aircraft established the development center and manufacturing plant in Vero Beach, Florida, in 1957 where it has been in continuous operations for 60 years; and WHEREAS, there are over 80,000 Piper aircrafts flying throughout the world; and WHEREAS, the future of the aircraft manufacturing industry continues to provide high -wage and high -skill jobs in Indian River County; and WHEREAS, Piper Aircraft continues to provide innovative aircraft for personal use and pilot training use throughout the world; and WHEREAS, Indian River County government recognizes the achievements of Piper Aircraft as a cornerstone of local businesses and industry; and NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that November 11, 2017, be designated as PIPER AIRCRAFT DAY IN INDIAN RIVER COUNTY. Adopted this 7th day of November, 2017. BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA Joseph E. Flescher, Chairman Peter D. O'Bryan, Vice Chairman Susan Adams Bob Solari Tim Zorc P4 BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION DOCKET NO..: 20170179 -GU PETITION t'1- 1(28 q-4 . P4 -t BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION In re: Petition for rate increase and approval of DOCKET NO. 20170179 -GU depreciation study by Florida City Gas. DATED: October 23, 2017 PETITION CFON SAPPRTUDY,VAL OF RATE AND REQUEST INCREASEREQUEST OF DEPRINTERIM RATE RELIEF BY IJ FLORIDA CITY GAS Florida City Gas (FCG or Company), by and through its undersigned counsel, and pursuant to Chapter 366, Florida Statutes, hereby respectfully petitions the Florida Public Service Commission (FPSC or Commission) for approval to increase the Company's rates and charges to the extent necessary to generate additional gross annual revenues in the amount of $19.3 million, which will enable the Company to continue to provide safe, reliable natural gas service at a level the customers have come to expect, and to approve the Company's depreciation study also submitted herewith in support of the Company's requested increase. The requested increase will provide FCG with a reasonable opportunity to earn a fair rate of return of 6.32 percent on the Company's plant and property used to serve its customers and an 11.25 percent midpoint rate of return on FCG's common equity. By this Petition, FCG is also seeking interim rate relief in accordance with Section 366.071, Florida Statutes. In support of this request, the Company hereby states: 1) FCG is a natural gas utility subject to the Commission's jurisdiction in accordance with Chapter 366, Florida Statutes. Its principal business address is: Florida City Gas 4045 N.W. 97th Avenue Doral, FL 33178-2300 Docket No. 20170179 -GU Florida Cit} Gas 2) The name and mailing address of the persons authorized to receive notices are: Beth Keating, Esquire bkeating@gLinster.com Gregory Munson, Esquire -munson@gunster.com gunster.com Gunster Law Finn 215 South Monroe St., Ste. 601 Tallahassee, FL 32301. (850) 521-1706 Blake O'Farrow, Director/Regulatory Affairs bofarrow@southemeo.com Southern Company Gas 10 Peachtree Place Atlanta, GA 30309 3) FCG was originally incorporated as City Gas Company of Florida in 1949. Its initial operations were as a propane dealer in Dade County, Florida. Beginning in 1960, the Company commenced operations as a natural gas local distribution company ("LDC"), and thus, became a "Public utility" as that term is defined in Section 366.02, Florida Statutes. As such, the Company was, henceforth, subject to the regulatory jurisdiction of the Florida Public Service Commission. In 1988, NUI Corporation, which was headquartered in Bedminster, New Jersey, acquired the Company, merging it under its subsidiary, NUI Utilities, Inc. The Company also expanded its service to include St. Lucie, Martin, Indian River, and Palm Beach Counties. On November 30, 2004, NUI Utilities, Inc. became a wholly-owned subsidiary of AGL Resources Inc. ("AGLR"), headquartered in Atlanta, Georgia, whereupon the Company's name was eventually changed to Pivotal Utility Holdings, Inc. d/b/a Florida City Gas in Florida. In July 2016, AGLR becarne Southern Company Gas; a wholly-owned subsidiary of The Southern Company ("Southern"), which provides electric and natural gas service to over 9 million customers through its various subsidiaries, and also operates as a leading provider of wholesale energy and customized energy solutions, as well as fiber optics and wireless communications. The common stock of Southern is owned by approximately 128,000 registered shareholders of record, over 11,000 of whom reside in Florida. As a subsidiary of Southern Company Gas, FCG currently serves --_. 2._LP.age PSI -3 Docket No. 20170179 -GU Florida City Gus approximately 108,000 residential, commercial and industrial natural gas customers in Florida's Miami -Dade, Brevard, St. Lucie, Palm Beach, Glades, Hendry, Broward, and Indian River counties. I, REQUEST FOR PERMANENT RATE RELIEF 4) FCG filed its last rate case in 2003 and its current rates were established in Docket No. 20030569 -GU, by Order No. PSC -2004 -0128 -PAA -GU, issued February 9, 2004, using a test year ending September 30, 2004. The case was handled as a Proposed Agency Action proceeding under Section 366,06(4), Florida Statutes. The outcome of that case was that the Commission determined that FCG's rate base for the projected test year was $119,897,447. The Commission then granted the Company a revenue increase of $6,699,655 with a return on common equity ("ROE") midpoint of 11.25%. 5) Since that time, FCG has maintained its focus on the customer as reflected by its service quality, while also effectively managing its costs such that it has been able to avoid seeking a base rate increase for nearly 14 years. As set forth in the testimony and exhibits of FCG's witnesses, cost saving measures, such as becoming a part of the AGLR shared services model and FCG's deployment of various technology solutions, have created significant operational efficiencies that have helped the Company maintain its rates at the same level over this extended period. The Company has seen, however, an increase in its cost to serve customers, which has contributed to its declining rate of return. At present, the Company's current rates and charges no longer allow it to earn a fair and reasonable rate of return nor do they yield reasonable compensation for services provided, which FCG is entitled to under Section 366.06(3), Florida Statutes. As of June 2017, FCG was earning an overall rate of return of 4.86% on a pro forma adjusted basis with an ROE of 7.91%, excluding the AGLR acquisition adjustment and ---._. - ---...-- - - - — - — 3 I p a g e I : L4-4 Docket No. 20170179 -GU Florida City Gus associated regulatory assets, and a mere 6.46% with the acquisition adjustment and regulatory assets included. Without the requested revenue increase, FCG projects that its overall rate of return will fall to 3.10%, well below its currently authorized rate of return of 6.27%. As such, FCG's ability to continue to provide consistent reliable service at the level to which our customers expect and deserve will be jeopardized. Moreover, FCG's ability to attract capital at reasonable rates will be impaired, resulting in potentially even higher rates. The requested rate relief will ensure that FCG can continue to provide the level of service to its customers that it currently provides as well as continued reliable access to natural gas supplies. 6) The Company has used the projected period ending December 31, 2018, as the projected test year for this filing. This period represents the most relevant period upon which the Company's operations should be analyzed for purposes of establishing rates for the period new rates will be in effect. This test period will reflect actual conditions and be indicative of the actual revenues, expenses, and investment during the first 12 -months that new rates will be in effect. The proposed test year will, therefore, best match projected costs and investment with projected revenues for the Company for the period following the date new rates go into effect. As part of this Petition, the Company requests that the Commission approve the projected test year January 1, 2018 through December 31, 2018 as the appropriate test year and more representative of actual conditions and the Company's future operations than prior periods. 7) The Company's jurisdictional 13 -month average rate base for the test year period is projected to be $299.3 million. Without the requested rate increase, the jurisdictional net operating income for the Company in the same period is projected to be $9.3 million. The projected rate of return is, consequently, projected to be 3.10 percent, while the return on common equity is projected to be 2.95 percent in the test year. As such, FCG asks that the P 4-5- Docket No, 20170179 -GU Florida 00Gas Commissiori allow the Company an overall rate of return of 6.32 percent, including a mid -point ROE of 11.25 percent. The resulting revenue deficiency is $15:8 million. When the additional revenue requirement of $3.5 million associated. with moving the Safety, Access, and Facility Enhancement program ("SAFE") installments into rate base is included, as contemplated by Commission order and as further discussed herein, this results in a total revenue increase request of $19.3 million. It should, however, be noted that moving the SAFE investments into rate base is ultimately revenue neutral to the Company as it is also proposing to make a corresponding adjustment to the current SAFE surcharge. The details regarding FCC's rate base, O&M expense, and the key drivers; as noted below; are included in the testimony and exhibit of FCC's witnesses and clearly demonstrate that the Company will be unable to recover the costs of ,providing safe and reliable natural gas service for its customers through current rates. 8) As further set forth in the testimony and exhibits of FCG's witnesses, there are three key drivers for FCG's request in this proceeding: (1) capital investments to enhance the safety and reliability of FCC's distribution system; (2) capacity challenges; which have prompted FCG to develop a liquefied natural gas ("LNG") strategy; and (3) the challenges associated with an aging workforce and the costs associated. with .proactively addressing the pending skills and knowledge gap. Signif cant investments have been made by FCG to its system in response to federal regulatory changes regarding safety of natural gas facilities. FCG has also made investments to improve the reliability of its system and to enhance the ability of its employees to access facilities for maintenance and repairs, as well as to extend facilities to provide natural gas service to customers who would otherwise be -unable to obtain such service. As further addressed herein, and in the testimony and exhibits of FCC's witnesses, the Company is also faced with capacity challenges that it proposed to address through a two-pronged approach involving the _....—. – - 5 1 P a g e Docket No. 20170179 -GU Florida City Gas purchase of additional interstate pipeline capacity and the construction of an LNG "peaking" unit. FCG has also invested significantly to provide enhanced training opportunities for development and retention of highly skilled and highly specialized personnel in response to the challenges of an aging workforce. 9) In order to continue to provide, in the face of these challenges, "reasonably sufficient, adequate, and efficient service," as required by Section 366.03, Florida Statutes, FCG must be able to not only recover its cost to serve, but also attract capital at reasonable rates and offer a fair return for its investors. Without a rate increase, FCG will be unable to provide the level of service required by statute and will also be unable to meet its obligations to its investors. Thus, FCG is asking that this Commission allow the Company to increase its rates and charges enough to provide a total increase in annual revenues of $19.3 million. H. DEPRECIATION STUDY 10) The Company's current depreciation rates were established for the Company by the Commission by Order No. PSC -2014 -0514 -PAA -GU, issued September 25, 2015, in Docket No. 20140051 -GU, based upon FCG's 2014 .Depreciation Study. In this proceeding, the Company is submitting a new Depreciation Study for the period ended July 31, 2018, which is an exhibit to the testimony of witness Watson., and asks that the rates set forth in this new study be approved in the context of this proceeding. The test year 2018 reflects current depreciation rates with a ratemaking adjustment made for the period August 1, 2018 through December 31, 2018 to reflect the proposed effective date for the depreciation rates set forth in the. Depreciation Study. Because the new proposed depreciation rates are integrally tied to the MPRs supporting the Company's rate request, the Company is providing the new study with, and in support of, its rate - -... 6 1 P a g e P4-7 Docket No. 20170179 -GU Florida City Gas request and asks that, for purposes of administrative efficiency and clarity of the record, the Commission also address the Company's Depreciation Study in this proceeding. III. REQUEST TO INCLUDE LNG FACILITY 11) As noted herein, there are three major drivers for this rate request. Ultimately, however, the underlying basis for this request is that the Company has made significant capital investments in its distribution system and its personnel to meet the needs of its customers today, but also has planned significant additional capital expenditures to ensure that it is able to continue to meet the needs of its customers tomorrow. 12) The cornerstone of FCC's strategy for meeting the needs of its customers in the foreseeable future is FCC's proposal to construct an LNG facility. As set forth in greater detail in the testimony and exhibits of FCG's witnesses in this case, the Company is faced with capacity issues that present a challenge to its ability to serve all of its sales customers, as well as its critical need, also known as "essential use" customers. FCG has investigated several options to address this need and determined that constructing an LNG facility, to be included in rate base, is the most effective — and cost effective — means to address its capacity needs for the near future. 13) As FCC's witnesses describe in testimony, the proposed facility would be constructed at a projected cost of $58 million. IV. STORM RESERVE 14) FCG is also requesting that it be allowed to establish a stonn reserve to better allow it to address storm damages expeditiously without incurring significant financial harm. 15) FCG's proposal for a storm reserve and the methodology for determining the appropriate annual accrual are similar to proposals made by other Florida natural gas utilities and approved pq-g Docket No. 20170179 -GU Florida City Gas by the Commission, as set forth in greater detail in the testimony and exhibits of FCG witness Kim. 16) FCG's storm reserve proposal contemplates that it would be allowed to establish a reserve with an annual accrual to the reserve of $100,000. The target size for the reserve would be $1 million, at which point, the Commission may deem it appropriate to revisit the reserve to determine if the accrual shoidd be temporarily suspended pending FCG's incurrence of storm costs charged to the reserve. V. ACQUISITION ADJUSTMENT 17) By Order No. PSC -2007 -0913 -PAA -GU, issued in Docket No. 20060.657 -GU, the Commission allowed FCG to record the $21,656,835 purchase price premium associated with AGLR's acquisition of FCG's parent at the time, NUI Corporation, as a positive acquisition adjustment to be amortized over a 30 -year period beginning November 2004. 18) As set forth in the testimony and exhibits of witness Kim, the Company continues to benefit from significant savings associated with that acquisition. As such, FCG is asking that it be allowed to retain the remaining unamortized amount of the acquisition adjustment, the impact of which amounts to an annual revenue requirement of $1.8 million. VI. SAFE PROGRAM RESET 19) With regard to the Company's SAFE program noted above, this program was approved by the FPSC by Order No. PSC -2015 -0390 -TRF -GU, issued September 15, 2015, in Docket No. 150116 -GU. By that Order, the FPSC approved FCG's request to establish this program, which is designed to facilitate the expeditious relocation of certain existing gas facilities located in, or associated with, rear lot easements, which enables FCG personnel to have more direct access to these facilities for purposes of leak repairs and facility locates. In accordance with the 8 1 P a g e Docket No. 20170179 -GU Florida City Gas Commission's Order, FCG recovers these costs through a surcharge, which is then subject to true up each year. 20) FCG has invested over $19 million to date in the SAFE program activities. As further discussed in the testimony and exhibits of the Company's witnesses and as outlined in the Commission's Order, the FPSC specifically recognized that, because the surcharge is cumulative, if FCG were to file a rate case before the program expired, the then -current SAFE surcharge program would be folded into rate base. The Order further contemplated that the surcharge would then be recalculated. 21) Accordingly, FCG has requested a revenue increase of $3.5 million to reflect that the SAFE installations have been moved into rate base. The surcharge reset to $0, pending the establishment of a new surcharge covering the next projection period. VII. ADDITIONAL TARIFF CHANGES 22) FCG also is requesting approval of new, Volume No. 9 of its Natural Gas Tariff. Therein; FCG is proposing several changes to enhance its ability to economically extend service to new customers, while protecting its existing body of customers. Among these changes is a new Economic Development Extension Program. 23) The Company is also proposing to update its tariff provisions addressing customer deposits to be consistent with the revisions made to Section 366.05(1), Florida Statutes, in 2015. 24) The Company is also proposing to make certain changes to its customer charges, including adding new customer charges, such as a Failed Trip Charge, which will help reduce upward pressure on base rates by assessing the charges directly to the customers that cause the underlying cost. Docket No. 20170179 -GU Florida City Gas 25) FCG is also seeking approval to revise its transportation service tariff to allow it to expand the allocation of its capacity costs, which currently are only passed on to FCG's sales customers through the Purchased Gas Adjustment ("PGA"). As set forth in greater detail in the testimony of FCG's witness Becker, the Company proposes to expand the allocation of these costs to include an amount to be allocated to Third Party Shippers who serve transportation customers on the Company's system. This will properly allocate a portion of these costs to non - sales customers who, to date, have shared in the benefit of capacity held by FCG without sharing in the costs. The Commission has recently considered, and approved, capacity cost allocation proposals by other Florida natural gas utilities in Dockets Nos. 20160120 -GU and 201600$5 - GU. The Company also proposes revisions to the PGA rider to maintain consistency with the proposed changes to the Transportation — Special Conditions section. 26) The Company proposes to create separate rate schedules for Residential and Commercial customers, which will allow for more accurate allocation of costs to each class of customers. The Company also proposes three standard rate schedules for Residential customers (RS -1, RS - 100 and RS -600) and to decrease the number of standard rate schedules for Commercial customers from eight to three (GS -1, GS -6K and GS -25K), which simplifies the process of classifying and administering customer accounts, and it maintains appropriate grouping of customers for cost of service allocations. In addition, FCG proposes to consolidate GS -120K and GS -250K into one GS -120K rate schedule and add two new rate schedules above the GS - 1250K consumption level: GS -11 Mand GS -25M. 27) FCG also proposes to eliminate the FOS rate schedule, as well as the LED and AFD riders. The Company proposes to close the LES and KDS rate schedules to any new accounts. The GS -I IM and GS -25M rate schedules are designed to meet the needs of future customers. 10 Page P 4-) I Docket No. 20170179 -GU Florida City Gas 28) Additional tariff changes are discussed in FCC's witness Meiselman's testimony and set forth in the proposed revised, updated tariff,. which. is submitted for approval with this filing.. VIII. MINIMUM FILING REQUIREMENT SCHEDULES 29) Simultaneously with this Petition, the Company is submitting the information required by Rule 25-7.039, Florida Administrative Code (MFRs); which has been compiled. consistent with the Comrnission's rules and policies, as well as specific direction from the Company's last rate case. The testimony and exhibits of the Company's witnesses supporting this request havealso been filed at this time. All .of the information submitted in conjunction with this request is incorporated herein by reference. 30) Among the MFRs submitted in accordance with the Commission's Rule is the updated tariff sheets designed to produce the additional revenue amount requested. These tariff sheets are included in MFR Schedule E-9 and are also .attached hereto as Attachment A. FCG respectfully requests that the Cormrriission approve the updated tariff sheets and allow them to be effective at the earliest possible date so that the Company can commence earning a fair rate of return. IX. REQUEST FOR INTERIM RATE RELIEF 31) Pursuant to Section 366.071, Florida Statutes, FCG seeks Conunission approval to allow the Company to increase its retail rates and charges in. an amount necessary to generate additional revenues in the amount of $4,893,061, for the interim period before permanent rates and charges go into effect .in accordance with the Commission's final determinations in this proceeding. 32) Attached hereto as. Attachment B is the proposed tariff sheet revisions designed to implement this requested interim revenue increase. The Company is also providing, simultaneous with this Petition, the required MFR schedules (G) to support FCG's request for ----- -- --- - - - - - - - -- - -- 111 P a g e P4-101� Docket No. 20170179 -GU Florida 00� Gas interim rate relief. In addition, the testimony of Company witness Morley also supports the request for interim relief. The inforniation and data supplied herewith demonstrates that FCG has met the prima facie requirements for interim relief by showing that it is "... earning outside the range of reasonableness on rate of return calculated in accordance with subsection (5)."' In accordance with subsection 366.071(5), the Commission shall, ". . .determine the revenue deficiency or excess by calculating the difference between the achieved rate of return of a public utility and its required rate of return applied to an average investment rate base or an end -of - period investment rate base." 33) Based upon the historic test year ended December 31, 2016, the Company's annual revenue deficiency is $4,893,061 based upon a historic test year rate base of $209,312,678. The required rate of return for interim purposes is shown on MFR Schedule F-8. The interim operating income for the historic year ended December 31, 2016 is shown on MFR Schedule F- 4. The amount of the requested interim increase constitutes an 8.91 percent increase to the base charges during the interim period. 34) The Company has for several years earned at or below its authorized range. Immediate relief pending the Commission's final determinations in this proceeding will enable the Company to continue to provide safe, reasonably priced, and reliable service to its customers. In addition, interim relief will ameliorate some of the negative effects of FCC's current state of inadequate revenues on FCG's customers, employees, and shareholder. The Company therefore asks that the Commission approve, as soon as possible, in accordance with Section 366.071, Florida Statutes, the interim relief requested. The Company will hold any revenues collected as a result of this interim increase subject to refund with interest at a rate determined in accordance i Section 366.071(1), F.S. 12IPage P4 -i3 Docket No. 20170179 -GU Florida City Gas with Rule 25-7.040, Florida Administrative Code. FCG submits that it has the financial, capital, and managerial assets necessary to support a corporate undertaking, and therefore, asks that it be allowed to collect the interim increase subject to a corporate undertaking, instead of a bond. WHEREFORE, Florida City Gas respectfiilly petitions the Florida Public Service Commission to: 1) Accept this filing for purposes of final agency action; 2) Set a hearing for purposes of considering the Company's request and enter a final order that protects the financial integrity of the Company and enables it to earn a fair and reasonable rate of return; 3) Make a determination that FCG is not currently earning a fair rate of return and that its current rates and charges are insufficient to provide the Company with just compensation; 4) Authorize the Company, pending the Commission's determination regarding final rates, to implement an interim increase sufficient to generate 'additional revenues in the amount of $4,893,061 to be collected subject to refund under a corporate undertaking. 5) Authorize the Company to permanently increase its retail base rates and charges to generate additional gross revenues in the amount of $19.3 million on an annual basis to that the Company will have an opportunity to earn a fair overall rate of return of 6.32% with a return on common equity of 11.25%; 6) Approve the Company's July 31, 2018 Depreciation Study; 7) Approve the Company's request to establish and fund a Storm Reserve; 8) Allow the Company to move the SAFE facilities into rate base and allow the associated revenue increase and surcharge reset associated therewith, as set forth in greater detail herein; _._ .. 13JPabe P, 4-14 Docket No. 20170179 -GU Florida City Gas 9) Approve the Company's requests to make changes to the structure of its rate classes, to revise and implement new customer charges, and to revise its capacity cost allocation methodology as set forth in the testimony and exhibits of the Company's witnesses; 10) Approve the Company's allocation of the requested revenue increase across the rate classes as appropriate; 11) Approve the Company's proposed Economic Development Extension Program and the specific tariff changes associated therewith; 12) Allow the Company to amortize rate case expense over a 5 -year period; and 13) Provide any other such relief as the Commission may deem appropriate. Respectfully submitted this 23`d day of October, 2017, by: Gunster Law Finn 215 South Monroe Street Suite 601 Tallahassee, FL 32301 Lila A. Jaber Florida Bar No. 0881661 Gunster Law Firm 215 South Monroe St., Suite 601 Tallahassee; FL 3.2301 (850) 521-1703 Gregory Munson Florida Bar No: 188344 Gunster Law Firm 215 South Monroe Street, Suite 601 Tallahassee, FL 32301 Attorneys for• Florida 06, Gas ---- 141Page P q,15- AFFIDAVIT STATE OF FLORIDA) COUNTY OF DADE) I hereby certify that on this 2-3 day of October, 2017, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared Carolyn Bermudez, who, being first duly sworn, states that she is Vice President of Florida City Gas ("FCG"), is fully qualified and acting in that capacity, and is authorized to make this oath that the matters and things stated in FCC's Petition for Approval of Rate Increase, Request for Approval of Depreciation Study, and Request for Interim Rate Relief in Docket No. 20170179 - GU are true and correct to the best of her knowledge and belief, and that to the extent that information and statements therein are derived from or dependent upon the knowledge of other, she believes such to be true and accurate. In Witness Whereof, I have hereunto set my hand and seal in the State and County aforesaid as of this Z qaY of October, 2017. My Commission Expires: 4O N Notary PUMk Slale oZF Claudia M FI ulnMy Commission FF qA expir" i?HV12019 P, 4' /(0 CERTIJFICATE OF SERVICE thereby certify that a tike and correct copy of the foregoing Petition has been served by U.S. Mail: this 23rd day of October, 2017, upon the following: Lomax Harrelle F -tank. Abbate City Manager Interim County Manager City of Belle Glade City of Brevard 110 Dr. Martin Luther King Jr. Blvd W. 2725 Judge Fran Jamieson Way; Bldg. C Belle Glade, FL 33430 Viera, FL 32940 Bertha Henry David L. Greene County Administrator City Manager City of Broward City of Cape Canaveral 115 S. Andrews Ave., Room 40.9 P.O. Box 326 Fort Lauderdale,. FL 33301 Cape Canaveral, FL. 32920 Al Perry John Titicanich City Manager City Manager City of Clewiston City of Cocoa 115 W Ventura Avenue 65 Stone Street Clewiston, FL 33440 Cocoa; FL 32922 James "Jim" McKnight Cathy Swanson-Rivenbark City Manager City Manager City of Cocoa Beach City of Conal Gables 2 S, Orlando Avenue 405 Biltmore Way, First Floor Cocoa Beach, FL 32932-2430 Coral Gables, FL .33134 Rafael G. Casals Edward A. Rojas Town Manager City Manager Town of Cutler Bay City of Doral 10720 Caribbean Boulevard, Suite 105 Government Center Cotler Bay; FL 3:3189 8401 NW 53rd Terrace Doral, FL 33166 Jason R. Nunemaker Charles T. Chapman IV City Manager County Administrator City of Fellsmere City of Hendry 22 S. Orange Street PO Box 2340 Fellsmere, FL 3294876700 LaBelle; FL 33975-2340 R 4-111 Docket No. 20170179 -GU Florida 0), Gas Carlos Hernandez Yioset De La Cruz Mayor Mayor City of Hialeah City of Hialeah Gardens Office of the Mayor 10001 NW 87th Avenue 501 Palm Avenue Hialeah Gardens, FL 33016 Hialeah, FL 33010 Dr. Wazir Ishmael George Gretsas City Manager City Manager City of Hollywood City of Homestead 2600 Hollywood Boulevard, Room 419 City Hall Hollywood, FL 33022 100 Civic Court Homestead, FL 33030 Christopher Chinault Mark Ryan Town Manager City Manager Town of Indialantic City of Indian Harbor Beach 216 5th Avenue 2055 South Patrick Drive Indialantic, FL 32903 Indian Harbor Beach, FL 32937 Jason E. Brown Taryn Kryzda County Administrator County Administrator City of Indian River City of Jensen Beach County Administration Office 2401 SE Monterey Road 180127th Street Stuart, FL 34996 Vero Beach, FL 32960-3365 Michael A. Boyle Douglas C. Hoyt Superintendent of Public Works Town Manager. City of LaBelle City of Malabar P.O. Box 458 2725 Malabar Road LaBelle, FL 33975 Malabar, FL 32950-4427 Roberto Martell Mike McNees Mayor City Manager City of Medley City of Melbourne 7777 NW 72nd Avenue City Hall, Fifth Floor Medley FL 33166 900. E. Strawbridge Avenue Mebourne, FL 32901 Head of Village Administration Daniel J. Alfonso City of Melbourne Village City Manager 555 Hammock Road City of Miami Melbourne Village, FL 32904 444 SW 2nd Ave., 10th Floor Miami, FL 33130 171Page- P. 4-i g Docket No. 20170179 -GU Florida City Gas Cameron Benson City Manager City of Miami Gardens 18605 NW 27th Avenue Miami Gardens, FL 33056 William Alonso City Manager City of Miami Springs 201 Westward Drive Miami Springs, FL 33166 Carlos Gimenez Mayor City of Miami -Dade Office of the Mayor Stephen P. Clark Center 111 N.W. 1st Street, 29th Floor Miami, FL 33128 Kathleen Woods -Richardson City Manager City of Miramar Office of the City Manager 2300 Civic Center Place Miramar, FL 33025 Larry M. Spring City Manager City of North Miami 776 NE 125 Street North Miami, FL 33161 Gregg Lynk City Manager City of Palm Bay City Manager's Office 120 Malabar Road Palm Bay, FL 32907 Alex Rey City of Miami Lakes Town Manager 6601 Main Street Miami Lakes, FL 33014 Leondrae Camel City Manager City of South Bay 335 SW 2nd Avenue South Bay, FL 33493 Joe Griffin City Manager City of Sebastian City Hall 1225 Main Street Sebastian, FL 32958 Ana M. Garcia City Manager City of N. Miami Beach NMB City Hall, 4th Floor 17011 NE 19th Avenue North Miami Beach, FL, 33162 Yvette Harrell City Manager City of Opa Locka 780 Fisherman Street, 4th Floor Opa-locka, FL 33054 Verdenia C. Baker County Adminstrator City of Palm Beach 301 N. Olive Avenue West Palm Beach, FL 33401 18Page Docket No. 20170179 -GU Florida City Gas Town Clerk Edward Silva City of Palm Shores Village Manager 247 Edwards Lane Village of Palmetto Bay Municipal Center Palm Beach Shores, FL 33404 Office of the Village Manager 9705 East Hibiscus Street Palmetto Bay, FL 33157 Dr. Robert A. Levy Russ Blackburn Town Manager City Manager Town of Pembroke Park City of Port St. Lucie Town Hall 121 S.W. Port St. Lucie Blvd 3150 SW 52nd Avenue Port St. Lucie, FL 34984 Pembroke Park, FL 33023 Dr. Brenda. Fettrow Courtney H. Barker City Manager City Manager City of Rockledge City of Satellite Beach 1600 Huntington Lane 565 Cassia Boulevard Rockledge, FL 32955 Satellite Beach, FL 32937 Steven Alexander Howard Tipton City Manager County Administrator City of South Miami St. Lucie County City Hall, 1 st Floor St. Lucie County BOCC 6130 Sunset Drive 2300 Virginia Avenue South Miami, FL 33143 Fort Pierce, FL 34982 Orlando Lopez Scott Larese Mayor City Manager City of Sweetwater City of Titusville 500 S.W. 109 Avenue P. O. Box 2806 Sweetwater, FL 33174 Titusville, FL 32781-2806 James R. O'Connor Yocelyn Galiano City Manager Village Manager City of Vero Beach Village of Pinecrest P. O. Box 1389 Office of the Village Manager Vero Beach, FL 32961-1389 12645 Pinecrest Parkway Pinecrest, FL 33156 Fred Spencer Deno IV Scott Morgan Mayor City Manager The Village of Virginia Gardens City of West Melbourne 6498 N.W. 38th Terrace 2240 Minton Road, Second Floor Virginia Gardens, FL 33166 West Melbourne, FL 32904 ---- ----- 19 1 P a g e Pe 4-av Docket No. 20170179 -GU Florida Cily Gus Yolanda Aguilar City Manager City of West Miami 901 SW 62 Avenue West Miami, FL 33144 Office of Public Counsel J.R. Kelly/Charles Rehwinkel c/o The Florida Legislature 111 West Madison Street, Room 812 Tallahassee, FL 32399-1400 Gun e , Yoakley & Stewart, P.A. 215 Muth Monroe St., Suite 601 Tallahassee, FL 32301 (850)521-1706 201Page P 4-a I Docket No. 20170179 -GU Florida City Gas CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing filing has been served by Hand Delivery this 23`d day of October, 2017, upon the following: J.R. Kelly, Public Counsel Office of the Public Counsel c/o The Florida Legislature 111 West Madison St., Rm 812 Tallahassee, FL 32399-1400 215 South Monroe St., Suite 601 Tallahassee, FL 32301 (850) 521-1706 _ . _.- - --------- - -- ------ 21 Page PA -aa ATTACHMENT A PERMANENT INCREASE TARIFF SHEETS (CLEAN AND LEGISLATIVE FORMAT) pa4-a3 FLORIDA CITY GAS FPSC NATURAL GAS TARIFF VOLUME NO. 9 Effective with meter readings on and after August 1, 2018 P, 4-a4 Florida City Gas FPSC Natural Gas Tariff Volume No 9 Original Sheet No. 1 TABLE OF CONTENTS Sheet No. TABLE OF CONTENTS 1 INDEX TO RATE SCHEDULES AND RIDERS 2 DESCRIPTION OF TERRITORY SERVED 3 MAP OF TERRITORY SERVED 4 LIST OF COMMUNITIES SERVED 5 TECHNICAL TERMS AND ABBREVIATIONS 7 RULES AND REGULATIONS: 1. GENERAL 8 2. DEPOSITS TO GUARANTEE PAYMENT OF BILLS 8 3. METERING 9 4. PIPING AND APPLIANCES 12 5. GAS LEAKS 13 6. CONNECT CHARGE 13 7. RECONNECTION CHARGE 13 8. FAILED TRIP CHARGE 13 9. LATE PAYMENT CHARGE 13 10. RETURNED CHECK CHARGE 13 11. OTHER CHARGES 14 12. TEMPORARY DISCONNECTION OF SERVICE 14 13. RIGHT TO SUSPEND OR DISCONTINUE SERVICE TO A CUSTOMER 14 14. EXTENSION OF FACILITIES 17 15. TRANSPORTATION - SPECIAL CONDITIONS 20 16. FORCE MAJEURE 24 17. GAS CURTAILMENT PLAN 25 18. UNAUTHORIZED GAS USE 25 Issued by: Carolyn Bermudez Effective: Vice President, Florida City Gas Florida City Gas FPSC Natural Gas Tariff Volume No 9 Original Sheet No. 1A TABLE OF CONTENTS Sheet No. RULES AND REGULATIONS (Continued) 19. EQUIPMENT FINANCING 26 20. TAXES AND OTHER ADJUSTMENTS 26 21. BUDGET BILLING PLAN 26 22. LIMITS OF COMPANY RESPONSIBILITIES 27 23. LIMITATION OF DAMAGES 28 24. ACCESS TO PREMISES 28 25. EXCESS FLOW VALVES 28 Issued by: Carolyn Bermudez Effective: Vice President, Florida City Gas Florida City Gas FPSC Natural Gas Tariff Volume No 9 Original Sheet No. 2 INDEX TO RATE SCHEDULES AND RIDERS RATE SCHEDULES: Sheet No. Residential Service ("RS") Rates: Therms Per Year RS -1 0-99 29 RS -100 100-599 30 RS -600 600+ 31 General Service ("GS") Rates: Issued by: Carolyn Bermudez Effective: Vice President, Florida City Gas Therms Per Year GS -1 0-51999 32 GS -6K 6,000 — 24,999 34 GS -25K 25,000 — 119,999 36 GS -120K 120,000 —1,249,999 38 GS -1,250K 1,250,000 — 10,999,999 40 GS -11M 11,000,000 — 24,999,999 42 GS -25M 25,000,000+ 44 Others: GL Gas Lighting Service 46 RSG Residential Standby Generator Service 47 CSG Commercial Standby Generator Service 48 NGV -1 Natural Gas Vehicle Service-[ 49 NGV -II Natural Gas Vehicle Service -II 50 KDS Contract Demand Service 54 LES Load Enhancement Service 57 TPS Third Party Supplier 60 TSS Transportation Supply Service 68 OSS Off -System Sales Service 70 EDGS Economic Development Gas Service 72 RIDERS: A Purchased Gas Adjustment ("PGA') 75 B Energy Conservation Cost Recovery Adjustment ("ECCR") 76 C Competitive Rate Adjustment ("CRA") 77 D Safety, Access and Facility Enhancement (SAFE) Program 78 Issued by: Carolyn Bermudez Effective: Vice President, Florida City Gas Florida City Gas FPSC Natural Gas Tariff Volume No. 9 Original Sheet No. 3 FLORIDA CITY GAS NATURAL GAS TARIFF ORIGINAL VOLUME NO. 9 AS FILED WITH THE FLORIDA PUBLIC SERVICE COMMISSION Territory Served Miami -Dade, Broward, St. Lucie, Indian River, Brevard, Palm Beach, Hendry, Lee, Glades, Charlotte, Collier, and Martin Counties, Florida; other than those areas presently served by other natural gas companies. (See map on following page) Issued by: Carolyn Bermudez Effective: Vice President, Florida City Gas R4 -a9 Florida City Gas FPSC Natural Gas Tariff Volume No 9 Original Sheet No. 4 Florida City Gas U. h MY11'1 t �iiric �]la.tl, "f" °"" � Atlantic, el,r rd,.rz o cpm � x,t.e M1. Issued by: Carolyn Bermudez Effective: Vice President, Florida City Gas Florida City Gas FPSC Natural Gas Tariff Volume No 9 Original Sheet No. 5 LIST OF COMMUNITIES SERVED Municipalities Brevard County: *Cape Canaveral *Cocoa *Cocoa Beach Indialantic *Indian Harbour Beach Malabar *Melbourne Melbourne Beach Melbourne Village Mims *Palm Bay Palm Shores *Rockledge *Satellite Beach *Titusville *West Melbourne Miami -Dade County: *Coral Gables Cutler .Ridge Doral Florida City *Hialeah *Hialeah Gardens *Homestead *Medley *Miami Miami Lakes *Miami Springs *Miami North (Breezeswept only) *North Miami Beach (Skylake only) *Opa Locka Palmetto Bay *South Miami *Sweetwater *Village of Pinecrest *Virginia Gardens *West Miami *Franchise held by Florida City Gas Issued by: Carolyn Bermudez Effective: Vice President, Florida City Gas Unincorporated Communities Merritt Island Whispering Hills Carol City Cutler Ridge Howard Norland Palm Springs Pennsuco Perrine Westchester P 4130 Florida City Gas FPSC Natural Gas Tariff Volume No. 9 Original Sheet No. 6 LIST OF COMMUNITIES SERVED (Continued) Unincorporated Municipalities Communities Broward County: Hallandale Lake Forest Hollywood Miami Gardens *Miramar Parkland Pembroke Park West Hollywood Pembroke Pines West Park Hendry County Clewiston Indian River County: Fellsmere Indian River Shores Orchid Sebastian *Vero Beach Palm Beach County: *Belle Glade Pahokee Royal Palm Beach South Bay West Palm Beach St. Lucie County: *Port St. Lucie Charlotte County Collier County Glades County Lee County Martin County *Franchise held by Florida City Gas Issued by: Carolyn Bermudez Effective: Vice President, Florida City Gas P4 -3i Florida City Gas FPSC Natural Gas Tariff Volume No. 9 Original Sheet No. 7 TECHNICAL TERMS AND ABBREVIATIONS Alternate Fuel A fuel which provides an equivalent amount of energy computed on a "BTU" basis. It is not limited to any specified source of energy. Alternate fuel may include natural gas and, in the Company's opinion, any viable economic alternatives. British Thermal Unit (BTU) The quantity of heat required to raise the temperature of one pound of water one degree Fahrenheit at or near 39.2 degrees Fahrenheit. Commission or PSC Unless otherwise indicated means the Florida Public Service Commission. Company Florida City Gas ("City Gas"). Customer A person or entity who takes service from the Company under a Rate Schedule. Essential Use Consistent with "Priority 1 Use" as defined in Florida Gas Transmission's tariff. Margin Revenue Revenue derived from applying undiscounted rates from billing Customer Charges, Demand Charges and Distribution Charges to a Customer. Non -Residential Customers Those Customers who are not Residential. Residential Customers All those Customers using gas service for domestic purposes, for use in single family dwellings, in separately metered housing units, or for use in commonly owned areas of condominium associations, cooperative apartments, and homeowner associations for non commercial uses. Sales Service or Sales Customer Customers receiving gas supply from the Company. Therm A unit of heating energy equivalent to one hundred thousand (100,000) British thermal units. Transportation Service or Transportation Customer Customers receiving gas supply from a Third Party Supplier. Issued by: Carolyn Bermudez Effective: Vice President, Florida City Gas Florida City Gas FPSC Natural Gas Tariff Volume No 9 Original Sheet No. 8 RULES AND REGULATIONS GENERAL These Rules and Regulations of the Company shall supplement the Rules and Regulations of the Florida Public Service Commission governing service by gas public utilities. Where contradiction is developed as between interpretation of the Company's Rules and Regulations and the Commission's Rules and Regulations, the latter shall be deemed to override the former. The Company shall furnish service to applicants under the filed rates and in accordance with these Rules and Regulations. 2. DEPOSITS TO GUARANTEE PAYMENT OF BILLS For an existing account or premise, the Company requires an initial deposit of two (2) times the actual average monthly bill calculated by adding the monthly charges from the 12 -month period immediately before the date any change in the deposit is sought, dividing this total by 12, and multiplying the result by 2. If the account or premise has less than 12 months of actual charges, the deposit shall be calculated by adding the available monthly charges, dividing this total by the number of months available, and multiplying the result by 2. For a new service or premise request, the total deposit may not exceed two (2) months of projected charges, calculated by adding the 12 months of projected charges, dividing this total by 12 and multiplying the result by 2. Once the new Customer has had continuous service for a 12 -month period, the amount of the deposit shall be recalculated using actual data. Any difference between the projected and actual amounts must be resolved by the Customer paying any additional amount that maybe billed by the utility or the utility returning any overcharge. Credit in lieu of a cash deposit may be deemed satisfactorily established if the applicant for service furnishes a satisfactory guarantor, an irrevocable letter of credit from a bank, or a satisfactory surety bond to secure payment of bills. Interest will be paid by the Company on Customer deposits at the rate of 2 percent per annum. The Company will pay interest on Non -Residential Customer deposits at the rate of 3 percent per annum in cases where the Customer has established a satisfactory payment record and has had continuous service for a period of 23 months as consistent with PSC Rule 25- 7.083(6). The Company has the option of refunding deposits after 23 months. The amount of such interest due any Customer shall be credited to the Customer's bill at least annually or upon termination of service, provided the account has been active for at least six months and the deposit has been held for at least that period. The Company may charge, upon written notice of not less than 30 days, such notice being separate and apart from any bill for service, a new deposit where previously waived or returned, or an additional deposit, in order to secure payment of current bills. When service is terminated, any balance of the amount deposited and interest accrued will be returned to the Customer; or the deposit may be returned at any time previous thereto at the option of the Company. Issued by: Carolyn Bermudez Effective: Vice President, Florida City Gas P,4-33 Florida City Gas FPSC Natural Gas Tariff Volume No. 9 Original Sheet No. 9 RULES AND REGULATIONS (Continued) 2. DEPOSITS TO GUARANTEE PAYMENT OF BILLS (CONTINUED) Residential deposits will be returned after the Customer has had continuous service for a period of 23 months and has not in the preceding 12 months made more than one late payment of a bill, paid with a check refused by a bank, been disconnected for non-payment, tampered with the gas meter, or used service in a fraudulent or unauthorized manner. In each case where a refund is made the amount of the deposit and interest will be applied against any amount owed by the Customer and the balance refunded. At the option of the Customer, the deposit will be refunded in full after payment of the final bill. All Commission Rules and Regulations pertaining to Customer deposits (PSC Rule 25- 7.083) are incorporated herein by reference and those Commission Rules govern in the event of conflict with Company Rules herein. 3. METERING The Customer shall provide a suitable location satisfactory to the Company for its metering equipment. This location shall be convenient and accessible at all times to the Company for its meter readers and other agents. This location shall conform with all local, State and Federal requirements. The representatives of the Company shall be given access to the premises of the Customer at all reasonable times for obtaining meter readings, for shutting off the flow of gas for reasons herein prescribed, for inspection of piping and appliances, and for inspecting, removing, repairing, or protecting from abuse or fraud any of the property of the Company installed on the premises, and particularly for emergency purposes. The Company in its sole discretion may install, at its expense, an Automatic Meter Reading ("AMR") device to monitor a Customer's gas consumption. However, when gas is to be delivered at a pressure in excess of the Company's standard gauge pressure or such equipment is required by the Rate Schedule under which the Customer will receive service, the Company shall determine any necessary equipment inclusive of compensating and AMR devices, including devices capable of providing daily readings, to be installed at the Customer's expense. If an AMR device is requested by the Customer, the AMR device and any necessary appurtenances shall be installed at the Customer's expense if the installation is deemed feasible by the Company. When such devices require attachment to telephone and/or electric utilities, the Customer shall provide and pay for suitable connections unless the Company elects to make such connections. Customer shall not tamper with or remove meters or other equipment or permit access thereto, except by authorized employees or agents of Company. All equipment furnished by the Company shall remain its property and may be replaced whenever deemed necessary by the Company or as required by the Commission and may be removed by the Company at any time after discontinuance of service. Payments made by the Customer shall not give the Customer ownership of the equipment. Issued by: Carolyn Bermudez Effective: Vice President, Florida City Gas P4-34 } / f' `-t" 34 Florida City Gas FPSC Natural Gas Tariff Volume No. 9 Original Sheet No. 10 RULES AND REGULATIONS (Continued) 3. METERING (Continued) The Customer shall be liable to the Company for damage to or loss of meters, connections, or other Company property on their premises due to negligence or carelessness on the part of the Customer, members of their household, their agents, or employees The gas supplied to any Customer shall be measured at the pressure existing at the meter. Gas supplied at other than the standard delivery pressure of the Company will be corrected to effect meter readings at the standard delivery pressure. In the event of stoppage or failure of a meter to register the utility shall bill the Customer on an estimate of the gas used for a period not to exceed 12 months based on the Customer's past consumption. In the case of unauthorized or fraudulent use, or meter tampering the utility shall bill the Customer on an estimate of the gas used, based on the Customer's past consumption or gas equipment at premised whichever is greater. The Company will select the type and make of metering equipment and may, from time to time, change or alter such equipment. It shall be the obligation of the Company to supply meters that will accurately and adequately furnish records for billing purposes. Bills will be based upon registration of Company meters only. With the exception of the following, the gas supplied to any Customer, under any of the Company's Rate Schedules, shall not be re -metered or sub -metered for sale either directly or indirectly. Under no conditions will service be rendered under any agreement whereby the Customer or their tenants resell the gas either within or without their premises, nor under conditions by which gas is transmitted outside the premises under contract. A. Residential Meter Reading All Residential Customers shall be included in one of the Company's regularly scheduled meter reading cycles with each cycle being read every month through automated meter reading (AMR) devices. The AMR technology allows the Company to read meters remotely; however, if a read is not obtained the Customer's meter readings will be noted as estimated until the Company obtains an actual meter reading. Issued by: Carolyn Bermudez Effective: Vice President, Florida City Gas Florida City Gas FPSC Natural Gas Tariff Volume No. 9 Original Sheet No. 11 RULES AND REGULATIONS (Continued) 3. METERING (Continued) B. Meter Reading Estimates Where the Company does not, for any reason, read the meter, the Company may estimate the amount of gas supplied based upon past usage, seasonal conditions, and other available information and submit a bill determined on that basis. Such a bill shall be marked as an estimated bill. Adjustment of Customer's estimated usage to actual usage shall be made when an actual reading is next obtained. . C. PSC Rule 25-7.071 Measuring Customer Service PSC Rule 25-7.071 is included herein: (1) All gas sold to Customers shall be measured by commercially acceptable measuring devices owned and maintained by the utility, except where it is impractical to meter loads, such as street lighting, temporary or special installations, in which case the consumption may be calculated, or billed on a rate or as provided in the utility's filed tariff. (2)(a) Individual gas metering by the utility shall be required for each separate occupancy unit of new commercial establishments, .Residential buildings, condominiums, cooperatives, marinas, and trailer, mobile home and recreational vehicle parks for which construction is commenced after January 1, 1987. This requirement shall apply whether or not the facility is engaged in a time-sharing plan. Individual meters shall not, however, be required: i. In those portions of a commercial establishment where the floor space dimensions or physical configuration of the units are subject to alteration, as evidenced by non-structural element partition walls, unless the utility determines that adequate provisions can be made to modify the metering to accurately reflect such alterations; ii. For gas used in central heating, central water heating ventilating and air conditioning systems, or gas back up service to storage heating and cooling systems: iii. For gas used in specialized -use housing accommodations such as hospitals, nursing homes, living facilities located on the same premises as, and operated in conjunction with, a nursing home or other health care facility providing at least the same level and types of services as a nursing home, convalescent homes, facilities certificated under Chapter 651, Florida Statutes, college dormitories, convents, sorority houses, fraternity houses, motels, hotels, and similar facilities. For separate, specially -designated areas for overnight occupancy at trailer, mobile home and recreation vehicle parks where permanent residency is not established and for marinas where living aboard is prohibited by ordinance, deed restriction, or other permanent means; Issued by: Carolyn Bermudez Effective: Vice President, Florida City Gas R 0---a(o Florida City Gas FPSC Natural Gas Tariff Volume No 9 Original Sheet No. 12 RULES AND REGULATIONS (Continued) 3. METERING (Continued) iv. In such multiple occupancy units which would require the provision of individual gas service above the second story, unless specifically requested. (2)(b) For purposes of this Rule: i. "Occupancy unit" means that portion of any commercial establishment, single and multi -unit Residential building, or trailer, mobile home or recreational vehicle park, or marina which is set apart from the rest of such facility by clearly determinable boundaries as described in the rental, lease or ownership agreement for such unit. ii. "Time-sharing plan" means any arrangement, plan, scheme, or similar device, whether by membership, agreement, tenancy in common, sale, lease, deed, rental agreement, license, or right -to -use agreement or by any other means, whereby a purchaser, in exchange for consideration, receives a right to use accommodations or facilities, or both, for a specific period of time less than a full year during any given year, but not necessarily for consecutive years, and which extends for a period of more than three years. iii. The construction of a new commercial establishment, Residential building, marina, or trailer, mobile home or recreational vehicle park shall be deemed to commence on the date when the building structure permit is issued. iv. The individual metering requirement is waived for any time-sharing facility for which construction was commenced before January 1, 1987 in which separate occupancy units were not metered in accordance with subsection (2)(a). (3) Where individual metering is not required under Subsection (2)(a)iii and master metering is used in lieu thereof, sub -metering may be used by the Customer of record/owner of such facility solely for the purpose of allocating the cost of the gas billed by the utility. The term "cost' as used herein represents only those charges specifically authorized by the gas utility's tariff including but not limited to the Customer, energy, purchased gas adjustment, and conservation charges made by the gas utility plus applicable taxes and fees to the Customer of record responsible for the master meter payments. The term cannot be construed to include late payment charges, returned check charges, the cost of the distribution system behind the master meter, the cost for billing, and other such costs. 4. PIPING AND APPLIANCES The piping, fixtures, and appliances for which the Customer is responsible shall be maintained in conformity with all Local, State and Federal requirements. Issued by: Carolyn Bermudez Effective: Vice President, Florida City Gas R4-,3-7 Florida City Gas FPSC Natural Gas Tariff Volume No 9 Original Sheet No. 13 RULES AND REGULATIONS (Continued) 5. GAS LEAKS The Customer shall give immediate notice to the Company of leakage of gas. No deduction on account of leakage shall be required to be made from Customer's bills unless such leakage occurs as the result of fault or neglect of agents of the Company. In case of leakage or fire, the stopcock at the meter should be closed without delay and no light or flame used in the vicinity of the leak. 6. CONNECT CHARGE A charge of $80.00 for Residential service or $150.00 for Non -Residential service will be made on the Customer's next bill when gas service is initiated, connected or turned -on. If service is performed, at Customer request, outside of normal business hours the charges shall be $100.00 for Residential service or $200.00 for Non -Residential service. 7. RECONNECTION CHARGE A charge of $40.00 for Residential service or $80.00 for Non -Residential service will be made on the. Customer's next bill when gas service is reconnected after disconnection for non- payment of bills. If service is performed, at Customer request, outside of normal business hours the charges shall be $50.00 for Residential service or $100.00 for Non -Residential service. 8. FAILED TRIP CHARGE A charge of $20 for Residential and Non -Residential service will . be made on the Customer's next bill when the Customer fails to keep a scheduled appointment with the Company's employee, agent or representative. 9. LATE PAYMENT CHARGE A bill shall be considered past due upon the expiration of twenty (20) days from the date of mailing or other delivery thereof by Company. The balance of all past due charges for services rendered are subject to a Late Payment Charge of 1.5% or $5.00 whichever is greater, except that the Late Payment Charge applied to the accounts of federal, state, and local governmental entities, agencies and instrumentalities shall be at a rate no greater than allowed, and in a manner permitted by applicable law. 10. RETURNED CHECKS The service charge for each returned check shall be determined in accordance with section 68.065, Florida Statutes. Payment of the full amount of the dishonored payment, plus a service charge of $25 if the face value does not exceed $50, $30 if the face value exceeds $50 but does not exceed $300, $40 if the face value exceeds $300, or 5 percent of the face amount of the dishonored instrument, whichever is greater. Issued by: Carolyn Bermudez Effective: Vice President, Florida City Gas P, 4-32 Florida City Gas FPSC Natural Gas Tariff Volume No 9 Original Sheet No. 14 RULES AND REGULATIONS (Continued) 11. OTHER CHARGES The following charges relating to Customer accounts will apply: Change of account $25.00 Bill collection in lieu of disconnection $25.00 12. Temporary Disconnection of Service — Customer Request A charge of $35.00 for Residential and Non -Residential service will be made on the Customer's next bill when the Customer requests a Temporary Disconnection of Service. If service is performed, at Customer request, outside of normal business hours the charges shall be $45.00 for Residential and Non -Residential service. 13. RIGHT TO SUSPEND OR DISCONTINUE SERVICE TO A CUSTOMER The Company may temporarily shut off the supply of gas to the Customer's premises after reasonable notice for the purpose of making necessary repairs or adjustments to mains or supply pipes, and reserves the right to shut off the supply of gas without notice in case of emergency. In addition the PSC Rule 25-7.089, Refusal or Discontinuance of Service by Utility, as follows, shall apply: (1) Until adequate facilities can be provided a utility may refuse to serve an applicant if, in the best judgment of the utility, it does not have adequate facilities or supply of gas to render the service applied for, or if the service is of a character that is likely to affect unfavorably service to other Customer. (2) If the utility refuses service for any reason specified in this subsection, the utility shall notify the applicant for service as soon as practicable, pursuant to subsection (5), of the reason for refusal of service. If the utility will discontinue service, the utility shall notify the Customer at least 5 working days prior to discontinuance that service will cease unless the deficiency is corrected in compliance with the utility's regulations, resolved through mutual agreement, or successfully disputed by the Customer. The 5 -day notice provision does not apply to paragraphs (h), (i) or (j). In all instances involving refusal or discontinuance of service the utility shall advise in its notice that persons dissatisfied with the utility's decision to refuse or discontinue service may register their complaint with the utility's Customer relations personnel and to the Florida Public Service Commission at 1-800-342-3552 which is a toll free number. As applicable, each utility may refuse or discontinue service under the following conditions: Issued by: Carolyn Bermudez Effective: Vice President, Florida City Gas P 4-Z Florida City Gas FPSC Natural Gas Tariff Volume No. 9 Original Sheet No. 15 RULES AND REGULATIONS (Continued) 13. RIGHT TO SUSPEND OR DISCONTINUE SERVICE TO A CUSTOMER (Continued) (a) For non-compliance with or violation of any State or municipal law or regulation governing gas service. (b) For failure or refusal of the Customer to correct any deficiencies or defects in his piping or appliances which are reported to him by the utility. (c) For the use of gas for any other property or purpose than that described in the application. (d) For failure or refusal to provide adequate space for the meter and service equipment of the utility. (e) For failure or refusal to provide the utility with a deposit to insure payment of bills in accordance with the utility's regulations provided that written notice, separate and apart from any bill for service, be given the Customer. (f) For neglect or refusal to provide reasonable access to the utility for the purpose of reading meters or inspection and maintenance of equipment owned by the utility provided that written notice, separate and apart from any bill for service, be given the Customer. (g) For non-payment of bills or noncompliance with the utility's rules and regulations, and only after there has been a diligent attempt to have the Customer comply, including 5 working days' written notice to the Customer, such notice being separate and apart from any bill rfor service. For purposes of this subsection, "working day" means any day on which the utility's business office is open and the U.S. Mail is delivered. Upon request of the Customer, the utility shall give a copy of the notice of discontinuance to a designated third party in the service area of the utility. A utility shall not, however, refuse or discontinue service for non-payment of a dishonored check service charge imposed by the utility. (h) Without notice in the event of a condition known to the utility to be hazardous. (i) Without notice in the event of tampering with regulators, valves, meters or other facilities furnished and owned by the utility. Q) Without notice. in the event of unauthorized or fraudulent use of service. Whenever service is discontinued for fraudulent use of service, the utility, before restoring service, may require the Customer to make at his own expense all changes in piping or equipment necessary to eliminate illegal use and to pay an amount reasonably estimated as the deficiency in revenue resulting from such fraudulent use. Issued by: Carolyn Bermudez Effective: Vice President, Florida City Gas P440 `t' ` 0 Florida City Gas FPSC Natural Gas Tariff Volume No 9 Original Sheet No. 16 RULES AND REGULATIONS (Continued) 13. RIGHT TO SUSPEND OR DISCONTINUE SERVICE TO A CUSTOMER (Continued) (3) Service shall be restored when cause for discontinuance has been satisfactorily adjusted. (4) When service has been discontinued for proper cause, the utility may charge a reasonable fee to defray cost of restoring service provided such charge is set out in its approved tariff on file with the Commission. (5) In case of refusal to establish service, or whenever service is discontinued, the utility shall notify the applicant or Customer in writing of the reason for such refusal or discontinuance. (6) If the Company has reasonable evidence that there is or may be a danger from the Customer or any occupant and/or invitee of the Customer's Premises to Company personnel or agents who might be called to said Premises in the course of their duties with the Company, including but not limited to any direct or implied threats against the Company or its personnel or agents from said Customer or occupant and/or invitee. (7) The following shall not constitute sufficient cause for refusal or discontinuance of service to an applicant or Customer. (a) Delinquency in payment for service by a previous occupant of the premises unless the current applicant or Customer occupied the premises at the time the delinquency occurred and the previous Customer continues to occupy the premises and such previous Customer will receive benefit from such service. (b) Failure to pay for appliances purchased from the utility. (c) Failure to pay for a different type of utility service, such as electricity or water. (d) Failure to pay for a different class of service. (e) Failure to pay the bill of another Customer as guarantor thereof. (f) Failure to pay a dishonored check service charge imposed by the utility. (8) No utility shall discontinue service to any noncommercial Customer between 12:00 noon on a Friday and 8:00 a.m. the following Monday or between 12:00 noon on the day preceding a holiday and 8:00 a.m. the next working day unless such discontinuance is at the request of the Customer or is necessary in the interest of safety. Holiday as used in this subsection shall mean New Years Day, Memorial Day, July 4, Labor Day, Thanksgiving Day, and Christmas Day. (9) Each utility shall submit, as a tariff item, a procedure for discontinuance of service when that service is medically essential. Issued by: Carolyn Bermudez Effective: Vice President, Florida City Gas Florida City Gas FPSC Natural Gas Tariff Volume No. 9 Original Sheet No. 17 RULES AND REGULATIONS (Continued) 13. RIGHT TO SUSPEND OR DISCONTINUE SERVICE TO A CUSTOMER (Continued) Failure of Company to exercise its rights to suspend, curtail or discontinue service, for any of the above reasons, shall not be deemed a waiver thereof. When service has been discontinued for any of the reasons set forth in the Tariff, the Company shall not be required to restore service until the Customer has paid the applicable charges to the Company required for service restoration. 14. EXTENSION OF FACILITIES A. Free Extensions of Mains and Services: The maximum capital investment required to be made by the Company for main and service facilities without cost to the Customer shall be defined as the Maximum Allowable Construction Cost ("MACC"). The MACC shall equal six times the annual Margin Revenues estimated to be derived from the facilities. However, Customers initially served under the Residential Standby Generator Service ("RSG') and Commercial Standby Generator Service ("CSG') Rate Schedules shall not be eligible for extension allowances, even if additional load is added at a later date, but such Customers may be eligible to receive refunds of amounts paid to the Company for extensions under B.(2) below. B. Extensions of Mains and Services Above Free Limit: When the cost of the extension required to provide service is greater than the free limit specified above, the Company may require a non-interest bearing advance in Aid to Construction ("ATC') equal to the cost in excess of such free limit provided that: (1) At the end of the first year following construction, the Company shall refund to the person paying the ATC or their assigns an amount equal to the excess, if any, of the MACC as recalculated using actual gas revenues, less the actual cost of gas, over the estimated MACC used to determine the amount of the ATC. (2) For each additional Customer taking service at any point on the extension within a period of five (5) years from date of construction, the Company shall refund to the person paying the ATC or their assigns an amount by which the MACC for the new Customer exceeds the cost of connecting the Customer, provided that an additional main extension shall have not been necessary to serve the additional Customer. (3) The aggregate refund to any Customer made through the provisions of (a) and (b) above shall at no time exceed the original ATC of such Customer. (4) The extension shall at all times be the property of the Company and any un - refunded portion of the ATC at the end of five (5) years shall be credited to the plant account of the Company. (5) The Company may require a commitment by a Customer to take or pay for a minimum volume of gas as deemed appropriate by the Company given the circumstances of facility cost and/or the service requirements of a particular Customer. In no instance will the minimum volume commitment be set at a level that exceeds the volume amount used to calculate the MACC for the Customer, nor will the volume commitment term exceed six (6) years. Issued by: Carolyn Bermudez Effective: Vice President, Florida City Gas Florida City Gas FPSC Natural Gas Tariff Volume No 9 Original Sheet No. 18 RULES AND REGULATIONS (Continued) 14. EXTENSION OF FACILITIES (Continued) C. Area Extension Program Charge: Notwithstanding the provisions of Sections A and B when facilities are to be extended to serve single or multiple delivery points in a discrete geographic area, the Company may require an Area Extension Program Charge ("AEP"). The Company, in its sole discretion, may require this charge when: (1) The cost of the project facilities required to provide service through the area is greater than the aggregate MACC for the Customers to be served; and (2) The Company reasonably forecasts Margin Revenues plus the AEP during the period ending ten years from when the mains required to serve the project facilities are placed in service (the Amortization Period), that are sufficient to recover the cost of the project facilities. The AEP, which shall be stated on a per therm basis, shall apply with respect to all natural gas sold or transported to Company Customers located within the applicable discrete geographic area during the Amortization Period. The AEP will be calculated by dividing (1) the amount of additional revenue required in excess of the Company's applicable tariff rates by (2) the volume of gas reasonably forecast to be sold or transported to Customers within the applicable discrete geographic area during the Amortization Period. The additional revenue required is that amount determined necessary to recover the excess cost of the facilities, including the Company's allowed cost of capital. AEP collected shall be used specifically to amortize the cost of the project facilities within the applicable discrete geographic area that are in excess of the MACC. If the AEP collected is sufficient before the expiration of the Amortization Period to fully amortize the excess costs, including provision for the accumulated cost of capital, the AEP for that area shall terminate immediately, and the Company shall promptly credit the affected Customers for amounts over collected, if any. Upon the earlier of (1) the third anniversary of the date when the project facilities are placed in service and (2) the date on which 80% of the originally forecast annual load is connected, the Company will reassess the amount of additional revenue required to recover the unamortized excess cost of the facilities and the calculation of the AEP. Further reassessments shall be performed by the Company following the fifth, seventh and ninth anniversary of the date when the project facilities were originally placed in service. The resulting adjustment of the AEP (whether upward or downward) will be applied over the remainder of the Amortization Period. Issued by: Carolyn Bermudez Effective: Vice President, Florida City Gas Florida City Gas FPSC Natural Gas Tariff Volume No. 9 Original Sheet No. 19 RULES AND REGULATIONS (Continued) 14. EXTENSION OF FACILITIES (Continued) The Company may enter into a guaranty agreement with the party or parties requesting the extension, whereby that party or parties agree to pay to the Company any unamortized balance remaining at the end of the Amortization Period. The Company's rights under the guaranty agreement will not be considered when calculating the AEP. The length of the Amortization Period may be modified upon the specific approval of the Florida Public Service Commission. D. General The Company will own control and maintain all service pipes, regulators, vents, meters, meter connections, valves and other appurtenances from the main to the outlet side of the meter. The extension of facilities provisions shall not require the Company to extend its mains across private property or in streets that are not at established grade; nor prohibit the Company from making extensions of mains of greater length than required herein. Issued by: Carolyn Bermudez Effective: Vice President, Florida City Gas Florida City Gas FPSC Natural Gas Tariff Volume No 9 Original Sheet No. 20 15. TRANSPORTATION - SPECIAL CONDITIONS A. A Transportation Service Agreement or other means of enrollment accepted by the Company is a condition precedent for Transportation Service under each applicable Rate Schedule, the initial term of which shall be no less than one (1) year and year to year thereafter until terminated by ninety (90) days written notice by either party. B. The usage charges in the Rate Schedules shall be based upon actual or estimated consumption as determined by the Company, not by Third Party Supplier deliveries. C. Nominations and Transportation of Gas The Customer's Third Party Supplier ("TPS") shall nominate on behalf of its Customers the total monthly requirements for that billing month. The TPS is responsible for making arrangements for transporting the gas from its source to the Company's interconnection with the delivering pipeline supplier. The gas transported under this Rate Schedule is not the property of the Company. However, the Company reserves the right to commingle such gas with other supplies. Moreover, the Company reserves the right to utilize Customer's gas, when necessary, in accordance with its Gas Curtailment Plan. D. Indemnification As between Company and Customer, the Customer or its Third Party Supplier warrants that it has clear title to any gas supplies delivered into the Company's system for redelivery to Customer and Customer shall be deemed to be in exclusive control and possession of gas prior to its delivery into the Company's system for redelivery to Customer. Customer agrees to indemnify, defend and hold harmless Company from any and all claims, suits or damage actions arising out of deliveries of gas on behalf of transporting Customer. E. Gas Supply Obligation In the event that Customer's Third Party Supplier fails to deliver gas on behalf of its Customers, the Company may, in its sole discretion, provide replacement gas supplies. The Company shall have no obligation to provide natural gas supplies to Customers that contract for gas supply from a TPS. In the event that a Customer seeks to purchase natural gas supplies from the Company, such sales may be made by the Company in its sole discretion under such terms and conditions as the Company may require. F. Balancing Receipts and Deliveries Third Party Suppliers will be billed for all their Customers' balancing and other transportation related charges, as set forth in the TPS Rate Schedule, determined by the Company to be billable to a TPS on behalf of their Customers. If there are any unpaid charges the TPS' Customers shall be individually responsible for any portion attributable to their individual action and/or for their prorata share as follows: The Company will first determine individual Customer charges, if any, and second prorate charges based on allocating the Issued by: Carolyn Bermudez Effective: Vice President, Florida City Gas R 4.4-" Florida City Gas FPSC Natural Gas Tariff Volume No. 9 Original Sheet No 21 RULES AND REGULATIONS (Continued) 15. TRANSPORTATION - SPECIAL CONDITIONS (Continued) F. Balancing Receipts and Deliveries (Continued) amount of TPS gas received, if any, in the following priority; first to the GS classes being served under ADDQ in the order of increasing annual usage, then to NGV, followed by the remaining GS classes in the order of increasing annual usage, then by KDS and lastly to FGS Customers. Each Customer in a Rate Schedule that does not receive gas supply to meet the entire Rate Schedule requirements will receive a prorata charge based on their percentage of gas consumed, as estimated or measured on the meter reading date following the incurrence of imbalance charges, to the total of their Rate Schedule for the period that charges apply. G. Transportation Interruption and Curtailment follows: Company shall have the right to reduce or completely curtail deliveries to Customer as (1) If, in Company's opinion, Customer will overrun the volume of gas to which it is entitled from its supplier (or overrun the volume of gas being delivered to Company for Customer's account); or (2) In the event Company is notified by its delivering pipeline pursuant to the Federal Energy Regulatory Commission approved curtailment plans or provision of its tariff to interrupt or curtail deliveries for uses of the same type or category as Customer's. use of gas hereunder; or (3) . When necessary to maintain the operational reliability of Company's system. Company will endeavor to give as much notice as possible to Customer in the event of interruption or curtailment. Any gas taken in excess of the volume allocated to the Customer in an interruption or curtailment order shall be considered Unauthorized Gas Use H. Facilities Company shall not be obligated to, but may, at its sole discretion on a non-discriminatory basis, construct or acquire new facilities, or expand existing facilities, including facilities necessary to provide measurement of volumes and communication of deliveries, in order to perform service requested under each applicable Rate Schedule. If in Company's reasonable judgment it is necessary to construct or acquire new facilities, or to expand existing facilities, to enable Company to receive or deliver Customer's gas at the Points of Receipt and Delivery requested, and Company determines in its sole discretion to construct, acquire, or expand such facilities, then Company shall notify Customer of the estimated costs of such facilities, including electronic measurement equipment, shall, subject to the receipt and acceptance of any necessary regulatory approval, be constructed, acquired or expanded by Company in accordance with the terms of the executed Service Agreement. Issued by: Carolyn Bermudez Effective: Vice President, Florida City Gas P, 4 -4�, Florida City Gas FPSC Natural Gas Tariff Volume No. 9 Original Sheet No. 22 RULES AND REGULATIONS (Continued) 15. TRANSPORTATION - SPECIAL CONDITIONS (Continued) H. Facilities (Continued) Prior to the initial receipt of service hereunder, unless agreed otherwise, Customer shall reimburse Company in accordance with the terms of the Transportation Service Agreement, for the cost of any facilities which are constructed, acquired, or expanded by Company to receive or deliver Customer's gas. All facilities required to provide service under each applicable Rate Schedule shall be designed, constructed, installed, operated, and owned by Company, unless otherwise agreed to by Company. Company's execution of a Transportation Service Agreement under each applicable Rate Schedule may be conditioned on Customer's agreement to pay the total incremental cost of such facilities as specified herein and in the Service Agreement. Designated Pools This section designates the Pools that have been adopted for the Company's service territory in order to facilitate the operation. of the Company's system. Basic Pools result from the physical characteristics of the Company's system and the location of the delivery points of the interstate pipeline companies. The Company's service territory is composed. of two Primary Pools, each of which is composed of one or more Basic Pools: (a) Brevard (b) Miami -Dade Allocation Assignment, of Capacity and Supply Assets This section sets forth the method and provisions by which the Company will allocate, on an equal access, nondiscriminatory basis, the Company's Interstate Pipeline Capacity to a Third Party Supplier based upon the Average Daily Delivery Quantity ("ADDQ") and Demand Charge Quantity ("DCQ") of the Transportation Customers served by the Third Party Shipper. The portion of the Company's Interstate Pipeline Capacity not associated with premises served by Third Party Supplier will remain with the Company. The Company will hold the capacity required to service its Customers on a Design Day plus a reserve margin not to be less than 5%. The Company will post on the Electronic Bulletin Board ("EBB") each allocation of the Company's Interstate Pipeline Capacity to a Third Party Supplier for viewing only by such Third Party Shipper. Until the Company has sufficient Interstate Pipeline Capacity to satisfy 100% of the throughput on its distribution system, capacity releases will be prioritized based upon Customer groups. The Company will first release Interstate Pipeline Capacity to service Cycle Read Customers (ADDQ) based upon Third Party Supplier market share. Issued by: Carolyn Bermudez - Effective: Vice President, Southern Operations P, 4 _ -�l Florida City Gas FPSC Natural Gas Tariff Volume No. 9 Original Sheet No. 23 RULES AND REGULATIONS (Continued) 15. TRANSPORTATION - SPECIAL CONDITIONS (Continued) The remaining Interstate Capacity will then be released to service Daily Read Customers (DCQ) that are identified as Essential Use based upon Third Parry Supplier market share. Any remaining Interstate Pipeline Capacity will then be released to service Daily Read Customers that are not identified as Essential Use based upon Third Party Supplier market share. Each month the Company will calculate market share for each Third Party Supplier based upon the sum of the ADDQ and DCQ of premises served by each Third Party Supplier. Each month the Company will make capacity allocations to each Third Party Supplier based upon their market share as calculated on the twentieth (20th) calendar day of the preceding month. The Company will post on the EBB on the twentieth (20t) calendar day of the preceding month, the total Interstate Pipeline Capacity that a Third Party Supplier is allocated for viewing only by such Third Party Shipper. The rate for Interstate Pipeline Capacity will be the maximum rate stated in the applicable FERC Gas Tariff; provided, however, that if the proper regulatory approvals have been received, the rate for an assigned service will not exceed the rate charged to the Company as of the date of the assignment. Assignments will have a term of one calendar month and will be made and become effective on the first day of such month. The Company will, when possible, provide firm gas delivery service to Sales Customers who were Transportation Customers prior to August 1, 2018. However, if sufficient interstate pipeline capacity is not available, those Customers may not receive firm gas delivery service. All capacity charges associated with release of Interstate Capacity to Third Party Suppliers will be billed directly to the Third Party Supplier by the pipeline company. K. Recall of Released Capacity The Company, at its sole discretion, has the right to recall Interstate Pipeline Capacity from Third Party Suppliers if: (a) A determination by the Company, in a Force Majeure event to recall capacity in order to maintain the operational integrity of the system; (b) A Third Party Supplier's failure to meet the security requirements of this Tariff or meet its responsibilities as a replacement shipper on the Pipeline; (c) A filing of bankruptcy by a Third Party Supplier; (d) A Third Party Supplier fails to meet system delivery requirements; (e) An order of the State or Federal Commissions where recall would be necessary to comply with Commission orders; (f) The Company, for any reason, determines that recall is necessary to maintain the operational integrity of the system Issued by: Carolyn Bermudez Effective: Vice President, Southern Operations Florida City Gas FPSC Natural Gas Tariff Volume No. 9 Original Sheet No. 24 RULES AND REGULATIONS (Continued) 15. TRANSPORTATION - SPECIAL CONDITIONS (Continued) L. Disposition of Recalled Capacity Capacity recalled to the above section, shall be re-released as follows: In the case of Interstate Pipeline Capacity is recalled the Company will re-release the recalled Interstate Pipeline Capacity to all Third Party Suppliers promptly. M. Limitations on Released Capacity The Interstate Pipeline Capacity being released to Third Party Suppliers under the provisions of this tariff was obtained for the purpose of making gas available to Customers in Florida. It is being released to Third Party Suppliers for the same purpose. Accordingly, in addition to any other limitations on the released capacity that may apply, and as a condition for receiving the released capacity, Third Party Suppliers must comply with the following limitations on the use of released capacity. Any agreement to trade, assign, sell, or otherwise re-release the released capacity shall include the right of FCG to recall the capacity under Section K. In the event that a Third Party Shipper sells, trades, or otherwise transfers all or part of the Third Party Supplier's Customer base to another Third Party Supplier, it shall also release to the other Third Party Supplier an equal percentage of its released Interstate Pipeline Capacity; Any agreement to trade, assign, sell, or otherwise re-release the released Interstate Pipeline Capacity shall include the right of Third Party Supplier to recall the capacity if the capacity is necessary to provide service to the Third Party Suppliers' Customers. 16. FORCE MAJEURE Neither Company, Third Party Supplier, or Customer shall be liable for damages to the other for any act, omission, or circumstance occasioned by or in consequence of any acts of God, strikes, lockouts, acts of the public enemy, wars, blockades, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, storms, floods, unforeseeable or unusual weather conditions, washouts, arrests and restraints of rulers and people, civil disturbances, explosions, breakage or accident to machinery or lines of pipe, , or software, line freezups, temporary failure of gas supply, temporary failure of firm transportation arrangements or curtailments, the binding order of any court or governmental authority which has been resisted in good faith by reasonable legal means, acts of third parties, and any other cause, whether of the kind herein enumerated or otherwise, not within the control of the party claiming suspension and which by the exercise of reasonable diligence such party is unable to prevent or overcome. Such causes or contingencies affecting the performance by the Company, Third Party Supplier or Customer, however, shall not relieve it of liability in the event of its concurrent negligence, nor shall such causes or contingencies affecting performance relieve either party from its obligations to make payments of amounts then due hereunder in respect of gas theretofore delivered. Issued by: Carolyn Bermudez Effective: Vice President, Southern Operations +P. `-i -LVA, Florida City Gas FPSC Natural Gas Tariff Volume No 9 Original Sheet No. 25 RULES AND REGULATIONS (Continued) 17. GAS CURTAILMENT PLAN During periods of supply shortages, operational constraints or Force Majeure events the Company may implement the terms of its Gas Curtailment Plan. The purpose of this plan is to preserve the ability to continue to provide essential gas services to the broadest base of Customers given limited gas supply and/or delivery capacity. Any Unauthorized Gas Use will be governed by the terms stated in the Unauthorized Gas Use section of this tariff. If a Customer notifies the Company that they have a medical necessity requiring gas use the Company will endeavor to provide adequate notice of any curtailments. 18. UNAUTHORIZED GAS USE Unauthorized Gas Use includes, but is not limited to, any volume of gas taken by Customer in excess of its Demand Charge Quantity requirement as set forth in its Service Agreement with Company or the quantity of gas allowed by the Company on any day as a result of a curtailment or interruption notice issued by the Company in accordance with its tariff and/or by the Florida Public Service Commission of the State of Florida or any other governmental agency having jurisdiction. A "day" shall be a period of twenty-four (24) consecutive hours, beginning as near as practical to 8 a.m., or as otherwise agreed upon by Customer and Company. The Company reserves the right to physically curtail the gas service to any Customer if, in the Company's sole judgement, such action is necessary to protect the operation of its system. If a Customer uses gas after having been notified that gas is not available or, if applicable, uses gas in excess of the Demand Charge Quantity or requirements as established in the Service Agreement, then Unauthorized Gas Use charges shall apply to those amounts. Furthermore, if a Third Party Supplier (TPS) fails to deliver gas in the quantities and or imbalance ranges specified in the TPS Rate Schedule, then Unauthorized Gas Use charges shall apply to the TPS. All Unauthorized Gas Use charges shall be billed at the higher of $2.50 per therm or a rate equal to ten times the highest price, for each day, for gas delivered to Florida Gas Transmission at St. Helena Parish, as reported in Natural Gas Week plus Florida Gas Transmission Company's transportation cost and fuel, if applicable. However, this rate shall not be lower than the maximum penalty charge for unauthorized daily overruns as provided for in the Federal Energy Regulatory Commission approved gas tariffs of the interstate pipelines which deliver gas into Florida. This charge is in addition to all applicable taxes, charges and assessments of the applicable Rate Schedule. Nothing herein shall be construed to prevent the Company from taking all lawful steps to stop the unauthorized use of gas by Customer, including disconnecting Customers service. Such payment for unauthorized use of gas shall not be deemed as giving Customer or. TPS any rights to use such gas. Issued by: Carolyn Bermudez Effective: Vice President, Southern Operations Florida City Gas FPSC Natural Gas Tariff Volume No. 9 Original Sheet No. 26 RULES AND REGULATIONS (Continued) 19. EQUIPMENT FINANCING If the Company agrees to provide the necessary natural gas conversion or compression equipment, an agreement as to terms and conditions governing recovery of such conversion costs from the Customer may be entered into and the initial contract term of gas service shall at a minimum be the same as the period of recovery stated in the agreement. Further, the rates established in the monthly rate section may be adjusted to provide for recovery by the Company of the costs incurred, including carrying cost at the Company's overall cost of capital; in providing such natural gas conversion equipment. At such time when the Company has recovered its costs of providing the natural gas conversion equipment the ongoing gas deliveries shall be billed at rates stated in the Customers applicable Rate Schedule. 20. TAXES AND OTHER ADJUSTMENTS There will be added to all bills rendered all applicable local utility and franchise taxes, State sales taxes and gross receipts tax presently assessed by governmental authority, as well as any future changes or new assessments by any governmental authority subsequent to the date of any Rate Schedule. All such assessments as described above shall be shown on Customer bills. 21. BUDGET BILLING PLAN Available to any Residential Customer as defined under the Technical Terms and Abbreviations of this tariff. A Customer may elect to enroll in the Company's Budget Billing Plan to help stabilize their monthly payments. To qualify for the Budget Billing Plan, a Customer must be a year-round Customer and have no balance owing when beginning the plan. Following a Customer's request to participate in the Budget Billing Plan the Company shall have 45 days in which to determine the Customer's eligibility and process an enrollment to initiate billing under the plan. If a Customer requests the Budget Billing Plan, the initial budgeted payment amount will be based on the average of the previous 12 months usage normalized for weather applied to the then current or Company projected billing rates, and shall include any regulatory fees or taxes applicable to the Customer. If the Customer has not received Gas Service from the Company for the preceding 12 months, the Company will use the best information available to calculate the initial monthly payment amount. The total deferred debit or credit balance will be shown on the Customer's bill. The Company reviews all budget payments and resets them annually on or about August of each year. On such recalculation, one -twelfth of any debit or credit deferred balance will be added to the following year's recalculated budgeted monthly payment amount. However, a Customer may request a payment of a credit balance in which case the recalculated amount will be adjusted to reflect the removal of the credit balance. In addition, the Company also performs a semi-annual review and may adjust the budget payment if it varies by more than $5.00 or 10% whichever is less. Issued by: Carolyn Bermudez Effective: Vice President, Southern Operations Florida City Gas FPSC Natural Gas Tariff Volume No. 9 Original Sheet No. 28 RULES AND REGULATIONS (Continued) 23. LIMITATION OF DAMAGES The Customer shall not be entitled to recover from the Company any consequential, indirect, incidental or special damages, such as loss of use of any property, vehicle, or equipment, loss of profits or income, loss of production, rental expenses for replacement property or equipment, diminution in value of real property, or expenses to restore operation, or loss of goods or products. The Customer shall indemnify, hold harmless, and defend the Company from and against any and all liability, proceedings, suits, cost or expense for loss, damage or injury to person or property, in any manner directly or indirectly connected with or growing out of the transmission and/or use of natural gas by the Customer at or on the Customer's side of the point of delivery or out of the Customer's negligent acts or omissions. 24. ACCESS TO PREMISES The Customer shall grant to the Company without cost to the Company, all rights, easements, permits and privileges which in the Company's opinion are necessary for the rendering of service. The Customer will furnish to the Company, without charge, an acceptable location for the Company's meter and shall give Company employees and representatives access to the Customer's premise so that the Company may operate, inspect and maintain its facilities. Failure to grant access could result in disconnection of service. 25. Excess Flow Valves Existing single family residential regardless of size, as well as multi -family residences and commercial Customers not using in excess of one -thousand (1,000) standard cubic feet per hour (SCFH) per service, may request the Company to install an excess flow valve (EFV) or equivalent equipment, which appropriate equivalent will be determined in the Company's sole discretion, for the purpose of interrupting the flow of gas. The Customer shall reimburse the Company for the cost associate with installing an EFV (or equivalent equipment) when such installation is performed at the request of the Customer. Issued by: Carolyn Bermudez Effective: Vice President, Florida City Gas Florida City Gas FPSC Natural Gas Tariff Volume No 9 Original Sheet No. 27 RULES AND REGULATIONS (Continued) The Company may also recalculate the payment quarterly if it determines that changes in Customer equipment or billing rates warrant. However, the Company may only begin charging such recalculated quarterly amounts on the Customer's next successive bill if the recalculated budgeted payment amount varies by 35% or more from the budgeted payment amount then in effect. Any balances outstanding at the time of a non -annual recalculation shall be included in such recalculation with the objective of achieving a net zero balance at the end of the program year. A Customer's participation in the Budget Billing Plan will be continuous unless the Customer requests that participation in the plan be discontinued, or gas service has been terminated at the premise, or the Customer is delinquent in paying the budgeted payment amount, which may result in shut-off for non-payment and/or removal from the program. If a Customer no longer participates in the plan, the Customer shall pay any deferred debit balances with their next regular monthly bill, with any deferred credit balance being used to reduce the amount due from the next regular monthly bill. Upon termination from the plan, for any reason, any billed outstanding balance not paid by the next due date shall be considered past due and late payment fees shall apply. In addition, prior to plan termination, late payment fees shall apply to past due Budget Billing Plan payment amounts. 22. LIMITS OF COMPANY RESPONSIBILITIES The Company shall not be liable for any property damage, fatality, or personal injury sustained on the Customer's premise resulting from the Customer's installation of the gas pipe, fittings, appliances, storage tanks, compressors, and apparatus of any type of others on the Customer's premises. The Company will not be responsible for the use, care or handling of gas delivered to the Customer after it passes from the Company's lines on the Customer's side of the point of delivery. The Company shall not be liable to the Customer for naturally occurring or other impurities, regardless of the sources, such as water, sand, black powder, sulfur, butane, or other chemicals or compounds in the Gas delivered to the Customer or their vehicle. Whenever the Company deems an emergency or system operating condition warrants interruption, curtailment or other limitation of the Gas Service being rendered, such interruption, curtailment or other limitation shall not constitute a breach of contract and shall not render the Company liable for damages suffered as a result of such interruption, curtailment or other limitation of Gas Service or excuse the Customer from continuing to fulfill its obligations to the Company. In no event shall the Company be under any obligation to inspect the gas piping or appliances of a Customer. Where the Company has reason to believe the flues, gas piping or appliances do not comply with recognized requirements or code, the Company may refuse to supply gas to the Customer. However, the Company shall have no responsibility whatsoever for determining whether any local code or ordinance or any other government requirement is applicable. No Customer or other person shall, unless authorized by the Company, operate, change or tamper with any of the Company's facilities. Issued by: Carolyn Bermudez Effective: Vice President, Southern Operations Florida City Gas P. 4-6-3 FPSC Natural Gas Tariff Volume No. 9 Original Sheet No. 29 RESIDENTIAL SERVICE —1 (RS -1) APPLICABILITY Service is available to Residential Customers using between 0 and 99 therms per year as determined by the Company. CHARACTER OF SERVICE A firm delivery service of natural gas, or its equivalent, delivered by the Company with a heating value on the order of 1,100 British Thermal Units per cubic foot. *MONTHLY RATE Customer Charge $12.00 Distribution Charge, per therm $0.5522 Commodity Charge Per Rider "A" *The charges set forth in this Rate Schedule will be adjusted for all other applicable Riders of this Tariff and any additional taxes, assessments or similar charges that are lawfully imposed by the Company. MINIMUM BILL The minimum monthly bill shall be the Customer Charge. TERMS OF PAYMENT Bills are due upon receipt by the Customer and become delinquent if unpaid after expiration of twenty days from date of mailing or other delivery thereof by the Company. SPECIAL CONDITIONS OF SERVICE 1. Application of this rate is subject to the general Rules and Regulations of the Company as they may be in effect from time to time and as filed with the regulatory authorities. 2. Each year the Company shall re -determine each Customer's eligibility based on their annual usage. If reclassification to another schedule is appropriate such reclassification shall be prospective only and shall not be retroactive. Issued by' Carolyn Bermudez Effective: Vice President, Florida City Gas P. x--14 Florida City Gas FPSC Natural Gas Tariff Volume No. 9 Original Sheet No. 30 RESIDENTIAL SERVICE - 100 (RS -100) APPLICABILITY Service is available to Residential Customers using between 100 and 599 therms per year as determined by the Company. CHARACTER OF SERVICE A firm delivery service of natural gas, or its equivalent, delivered by the Company with a heating value on the order of 1,100 British Thermal Units per cubic foot. *MONTHLY RATE Customer Charge $15.00 Distribution Charge, per therm $0.4312 Commodity Charge Per Rider "A" *The charges set forth in this Rate Schedule will be adjusted for all other applicable Riders of this Tariff and any additional taxes, assessments or similar charges that are lawfully imposed by the Company. MINIMUM BILL The minimum monthly bill shall be the Customer Charge. TERMS OF PAYMENT Bills are due upon receipt by the Customer and become delinquent if unpaid after expiration of twenty days from date of mailing or other delivery thereof by the Company. SPECIAL CONDITIONS OF SERVICE 1. Application of this rate is subject to the general Rules and Regulations of the Company as they may be in effect from time to time and as filed with the regulatory authorities. 2. Each year the Company shall re -determine each Customer's eligibility based on their annual usage. If reclassification to another schedule is appropriate such reclassification shall be prospective only and shall not be retroactive. Issued by: Carolyn Bermudez Effective: Vice President, Florida City Gas P. 4-6�5' Florida City Gas FPSC Natural Gas Tariff Volume No. 9 Original Sheet No. 31 RESIDENTIAL SERVICE - 600 (RS -600) APPLICABILITY Service is available to Residential Customers using 600 or more therms per year as determined by the Company. CHARACTER OF SERVICE A firm delivery service of natural gas, or its equivalent, delivered by the Company with a heating value on the order of 1,100 British Thermal Units per cubic foot. *MONTHLY RATE Customer Charge $20.00 Distribution Charge, per therm $0.3756 Commodity Charge Per Rider "A" *The charges set forth in this Rate Schedule will be adjusted for all other applicable Riders of this Tariff and any additional taxes, assessments or similar charges that are lawfully imposed by the Company. MINIMUM BILL The minimum monthly bill shall be the Customer Charge. TERMS OF PAYMENT Bills are due upon receipt by the Customer and become delinquent if unpaid after expiration of twenty days from date of mailing or other delivery thereof by the Company. SPECIAL CONDITIONS OF SERVICE 1. .Application of this rate is subject to the general Rules and Regulations of the Company as they may be in effect from time to time and as filed with the regulatory authorities. 2. Each year the Company shall re -determine each Customer's eligibility based on their annual usage. If reclassification to another schedule is appropriate such reclassification shall be prospective only and shall not be retroactive. Issued by: Carolyn Bermudez Effective: Vice President, Florida City Gas P 4-6,� Florida City Gas FPSC Natural Gas Tariff Volume No. 9 Original Sheet No. 32 GENERAL SERVICE - 1 (GS -1) APPLICABILITY Service is available to Non -Residential Customers using between 0 and 5,999 therms per year as determined by the Company. CHARACTER OF SERVICE A firm delivery service of natural gas, or its equivalent, delivered by the Company or Customers' Third Party Supplier ("TPS") with a heating value on the order of 1,100 British Thermal Units per cubic foot. *MONTHLY RATE Gas Supply from PGA Gas Supply from TPS Customer Charge $25.00 $25.00 Distribution Charge, per therm $0.4262 $0.4262 Commodity Charge Per Rider "A" Per TPS Agreement *The charges set forth in this Rate Schedule will be adjusted for all other applicable Riders of this Tariff and any additional taxes, assessments or similar charges that are lawfully imposed by the Company. A Customer that receives gas supply from a TPS will be charged by the TPS for commodity according to any agreement between the Customer and the TPS. Only Non -Residential Customers are eligible to receive gas supply from a TPS. MINIMUM BILL The minimum monthly bill shall be the Customer Charge. TERMS OF PAYMENT Bills are due upon receipt by the Customer and become delinquent if unpaid after expiration of twenty days from date of mailing or other delivery thereof by the Company. SPECIAL CONDITIONS OF SERVICE 1. Application of this rate is subject to the general Rules and Regulations of the Company as they may be in effect from time to time and as filed with the regulatory authorities. 2. Each year the Company shall re -determine each Customer's eligibility based on their annual usage. If reclassification to another schedule is appropriate such reclassification shall be prospective only and shall not be retroactive. Issued by: Carolyn Bermudez Effective: Vice President, Florida City Gas Florida City Gas FPSC Natural Gas Tariff Volume No. 9 Original Sheet No. 33 GENERAL SERVICE - 1 (GS -1) (Continued) SPECIAL CONDITIONS APPLICABLE TO CUSTOMERS RECEIVING GAS SUPPLY FROM THIRD PARTY SUPPLIERS (TPS) 1. See the Rules and Regulations for Transportation - Special Conditions for terms related to Customers taking Gas Supply from a TPS. 2. Customer's TPS shall deliver an Average Daily Delivery Quantity ("ADDQ"), as determined monthly by the Company. Issued by: Carolyn Bermudez Effective: Vice President, Florida City Gas R `- -5 Florida City Gas FPSC Natural Gas Tariff Volume No. 9 Original Sheet No. 34 GENERAL SERVICE - 6K (GS -6K) APPLICABILITY Service is available to Non -Residential Customers using between 6,000 and 24,999 therms per year as determined by the Company. CHARACTER OF SERVICE A firm delivery service of natural gas, or its equivalent, delivered by the Company or Customers' Third Party Supplier ("TPS") with a heating value on the order of 1,100 British Thermal Units per cubic foot. *MONTHLY RATE Customer Charge Distribution Charge, per therm Commodity Charge Gas Supply from PGA $35.00 $0.3785 Per Rider "A" Gas Supply from TPS $35.00 $0.3785 Per TPS Agreement *The charges set forth in this Rate Schedule will be adjusted for all other applicable Riders of this Tariff and any additional taxes, assessments or similar charges that are lawfully imposed by the Company. A Customer that receives gas supply from a TPS will be charged by the TPS for commodity according to any agreement between the Customer and the TPS. Only Non -Residential Customers are eligible to receive gas supply from a TPS. MINIMUM BILL The minimum monthly bill shall be the Customer Charge. TERMS OF PAYMENT Bills are due upon receipt by the Customer and become delinquent if unpaid after expiration of twenty days from date of mailing or other delivery thereof by the Company. SPECIAL CONDITIONS OF SERVICE 1. Application of this rate is subject to the general Rules and Regulations of the Company as they may be in effect from time to time and as filed with the regulatory authorities. 2. Each year the Company shall re -determine each Customer's eligibility based on their annual usage. If reclassification to another schedule is appropriate such reclassification shall be prospective only and shall not be retroactive. Issued by: Carolyn Bermudez Effective: Vice President, Florida City Gas Florida City Gas FPSC Natural Gas Tariff Volume No. 9 GENERAL SERVICE - 6K (GS -6K) (Continued) inal Sheet No. 35 SPECIAL CONDITIONS APPLICABLE TO CUSTOMERS RECEIVING GAS SUPPLY FROM THIRD PARTY SUPPLIERS (TPS) 1. See the Rules and Regulations for Transportation - Special Conditions for terms related to Customers taking Gas Supply from a TPS. 2. Customer's TPS shall deliver an Average Daily Delivery Quantity ("ADDQ"), as determined monthly by the Company. Issued by: Carolyn Bermudez Effective: Vice President, Florida City Gas R L�—(e o Florida City Gas FPSC Natural Gas Tariff Volume No. 9 Original Sheet No. 36 GENERAL SERVICE - 25K (GS -25K) APPLICABILITY Service is available to Non -Residential Customers using between 25,000 and 119,999 therms per year as determined by the Company. CHARACTER OF SERVICE A firm delivery service of natural gas, or its equivalent, delivered by the Company or Customers' Third Party Supplier ("TPS") with a heating value on the order of 1,100 British Thermal Units per cubic foot. *MONTHLY RATE Customer Charge Distribution Charge, per therm Commodity Charge Gas Supply from PGA $150.00 $0.3571 Per Rider "A" Gas Supply from TPS $150.00 $0.3571 Per TPS Agreement *The charges set forth in this Rate Schedule will be adjusted for all other applicable Riders of this Tariff and any additional taxes, assessments or similar charges that are lawfully imposed by the Company. A Customer that receives gas supply from a TPS will be charged by the TPS for commodity according to any agreement between the Customer and the TPS. Only Non -Residential Customers are eligible to receive gas supply from a TPS. MINIMUM BILL The minimum monthly bill shall be the Customer Charge. TERMS OF PAYMENT Bills are due upon receipt by the Customer and become delinquent if unpaid after expiration of twenty days from date of mailing or other delivery thereof by the Company. SPECIAL CONDITIONS OF SERVICE 1. Application of this rate is subject to the general Rules and Regulations of the Company as they may be in effect from time to time and as filed with the regulatory authorities. 2. Each year the Company shall re -determine each Customer's eligibility based on their annual usage. If reclassification to another schedule is appropriate such reclassification shall be prospective only and shall not be retroactive. Issued by: Carolyn Bermudez Effective: Vice President, Florida City Gas P 4_(0( Florida City Gas FPSC Natural Gas Tariff Volume No. 9 Original Sheet No. 37 GENERAL SERVICE - 25K (GS -25K) (Continued) SPECIAL CONDITIONS APPLICABLE TO CUSTOMERS RECEIVING GAS SUPPLY FROM THIRD PARTY SUPPLIERS (TPS) 1. See the Rules and Regulations for Transportation - Special Conditions for terms related to Customers taking Gas Supply from a TPS. 2. Customer's TPS shall deliver an Average Daily Delivery Quantity ("ADDQ"), as determined monthly by the Company. Issued by: Carolyn Bermudez Effective: Vice President, Florida City Gas P. 4-t.'a Florida City Gas FPSC Natural Gas Tariff Volume No. 9 Original Sheet No. 38 GENERAL SERVICE - 120K (GS -120K) APPLICABILITY Service is available to Non -Residential Customers using between 120,000 and 1,249,999 therms per year as determined by the Company. CHARACTER OF SERVICE A firm delivery service of natural gas, or its equivalent, delivered by the Company or Customers' Third Party Supplier ("TPS") with a heating value on the order of 1,100 British Thermal Units per cubic foot. *MONTHLY RATE Customer Charge Demand Charge, per DCQ Distribution Charge, per therm Commodity Charge Gas Supply from PGA $300.00 $0.575 $0.3172 Per Rider "A" Gas Supply from TPS $300.00 $0.575 $0.3172 Per TPS Agreement *The charges set forth in this Rate Schedule will be adjusted for all other applicable Riders of this Tariff and any additional taxes, assessments or similar charges that are lawfully imposed by the Company. A Customer that receives gas supply from a TPS will be charged by the TPS for commodity according to any agreement between the Customer and the TPS. Only Non -Residential Customers are eligible to receive gas supply from a TPS. DETERMINATION OF THE DEMAND CHARGE QUANTITY (DCQ) The DCQ's to be used in setting the Customer's Billing DCQ will be determined by the Customer's maximum daily requirements in terms of therm units per day based on readings taken from an Automatic Meter Reading (AMR) device installed at the premise. The DCQ's used in setting the Billing DCQ shall be those from the Customer's daily metered therm consumption recorded for a period of up to three (3) years ending each March 31st. The results shall be grouped into the seasonal periods of April to October and November to March for purposes of deriving the Billing DCQ. If historical consumption information of at least twelve (12) months is not available, then the Billing DCQ level shall be based upon the rating and expected usage of the Customer's gas equipment as determined by the Company. The Billing DCQ will be determined annually by the Company based on the DCQ history, as determined above, for each of the respective seasonal periods. The Customer's Billing DCQ shall be adjusted to reflect the maximum DCQ recorded for the respective seasonal periods. Adjustments will be made in the preceding months of April and November except the Company shall not increase such a Customer's Billing DCQ unless the Customer has had at least three (3) occurrences of DCQ's in excess of their current Billing DCQ within the respective seasonal periods. Issued by: Carolyn Bermudez Effective: Vice President, Florida City Gas Florida City Gas FPSC Natural Gas Tariff Volume No. 9 Original Sheet No. 39 GENERAL SERVICE - 120K (GS -120K) (Continued) DETERMINATION OF THE DEMAND CHARGE QUANTITY (DCQ): (continued) At any time a Customer may request an adjustment to its Billing DCQ. If the Customer is able to demonstrate an ongoing change in its maximum daily therm requirements then the Company may at its discretion adjust Customers Billing DCQ prospectively. However, the initial Billing DCQ shall be established for all Customers with active service at the effective date of this tariff based on the highest daily actual therm consumption recorded at Customer's premises over the thirty-six month historic period ending March 31 st of each year. MINIMUM BILL The minimum monthly bill shall be the Customer Charge and Demand Charge. In addition, a minimum annual charge shall be assessed by applying the Distribution Charge hereunder to the difference between the annual minimum qualifying therms specified in this Rate Schedule and the annual usage of the Customer. 10wiTime ; g-AYWrI: ;rl Bills are due upon receipt by the Customer and become delinquent if unpaid after expiration of twenty days from date of mailing or other delivery thereof by the Company. TERM OF CONTRACT The initial term of which shall be no less than one (1) year and year to year thereafter until terminated by ninety (90) days written notice by either party. SPECIAL CONDITIONS OF SERVICE 1. Application of this rate is subject to the general Rules and Regulations of the Company as they may be in effect from time to time and as filed with the regulatory authorities. 2. Each year the Company shall re -determine each Customer's eligibility based on their annual usage. If reclassification to another schedule is appropriate such reclassification shall be prospective only and shall not be retroactive. 3. Automatic Meter Reading (AMR) equipment capable of providing daily readings is required for all Customers served under this Rate Schedule. See the Rules and Regulations for Metering for terms and conditions related to AMR's. SPECIAL CONDITIONS APPLICABLE TO CUSTOMERS RECEIVING GAS SUPPLY FROM THIRD PARTY SUPPLIERS (TPS) 1. See the Rules and Regulations for Transportation - Special Conditions for terms related to Customers taking Gas Supply from a TPS. Issued by: Carolyn Bermudez Effective: Vice President, Florida City Gas �: P4- hod- Florida City Gas FPSC Natural Gas Tariff Volume No. 9 Original Sheet No. 40 GENERAL SERVICE - 1,250K (GS -1,250K) APPLICABILITY Service is available to Non -Residential Customers using between 1,250,000 and 10,999,999 therms per year as determined by the Company.. CHARACTER OF SERVICE A firm delivery service of natural gas, or its equivalent, delivered by the Company or Customers' Third Party Supplier ("TPS") with a heating value on the order of 1,100 British Thermal Units per cubic foot. *MONTHLY RATE Customer Charge Demand Charge, per DCQ Distribution Charge, per therm Commodity Charge Gas Supply from PGA $500.00 $0.575 $0.1606 Per Rider "A" Gas Supply from TPS $500.00 $0.575 $0.1606 Per TPS Agreement *The charges set forth in this Rate Schedule will be adjusted for all other applicable Riders of this Tariff and any additional taxes, assessments or similar charges that are lawfully imposed by the Company. A Customer that receives gas supply from a TPS will be charged by the TPS for commodity according to any agreement between the Customer and the TPS. Only Non -Residential Customers are eligible to receive gas supply from a TPS. DETERMINATION OF THE DEMAND CHARGE QUANTITY (DCQ) The DCQ's to be used in setting the Customer's Billing DCQ will be determined by the Customer's maximum daily requirements in terms of therm units per day based on readings taken from an Automatic Meter Reading (AMR) device installed at the premise. The DCQ's used in setting the Billing DCQ shall be those from the Customer's daily metered therm consumption recorded for a period of up to three (3) years ending each March 31st. The results shall be grouped into the seasonal periods of April to October and November to March for purposes of deriving the Billing DCQ. If historical consumption information of at least twelve (12) months is not available, then the Billing DCQ level shall be based upon the rating and expected usage of the Customer's gas equipment as determined by the Company. The Billing DCQ will be determined annually by the Company based on the DCQ history, as determined above, for each of the respective seasonal periods. The Customer's Billing DCQ shall be adjusted to reflect the maximum DCQ recorded for the respective seasonal periods. Adjustments will be made in the preceding months of April and November except the Company shall not increase such a Customer's Billing DCQ unless the Customer has had at least three (3) occurrences of DCQ's in excess of their current Billing DCQ within the respective seasonal periods. Issued by: Carolyn Bermudez Effective: Vice President, Florida City Gas vo, _ _ Le 6- Florida City Gas FPSC Natural Gas Tariff Volume No. 9 Original Sheet No. 41 GENERAL SERVICE - 1,250K (GS -1,250K) (Continued) DETERMINATION OF THE DEMAND CHARGE QUANTITY (DCQ) (continued) At any time a Customer may request an adjustment to its Billing DCQ. If the Customer is able to demonstrate an ongoing change in its maximum daily therm requirements then the Company may at its discretion adjust Customers Billing DCQ prospectively. However, the initial Billing DCQ shall be established for all Customers with active service at the effective date of this tariff based on the highest daily actual therm consumption recorded at Customer's premises over the thirty-six month historic period ending March 31 s` of each year. MINIMUM BILL The minimum monthly bill shall be the Customer Charge and Demand Charge. In addition, a minimum annual charge shall be assessed by applying the Distribution Charge hereunder to the difference between the annual minimum qualifying therms specified in this Rate Schedule and the annual usage of the Customer. TERMS OF PAYMENT Bills are due upon receipt by the Customer and become delinquent if unpaid after expiration of twenty days from date of mailing or other delivery thereof by the Company. TERM OF CONTRACT The initial term of which shall be no less than one (1) year and year to year thereafter until terminated by ninety (90) days written notice by either party. SPECIAL CONDITIONS OF SERVICE 1. Application of this rate is subject to the general Rules and Regulations of the Company as they may be in effect from time to time and as filed with the regulatory authorities. 2. Each year the Company shall re -determine each Customer's eligibility based on their annual usage. If reclassification to another schedule is appropriate such reclassification shall be prospective only and shall not be retroactive. 3. Automatic Meter Reading (AMR) equipment capable of providing daily readings is required for all Customers served under this Rate Schedule. See the Rules and Regulations for Metering for terms and conditions related to AMR's. SPECIAL CONDITIONS, APPLICABLE TO CUSTOMERS RECEIVING GAS SUPPLY FROM THIRD PARTY SUPPLIERS (TPS) See the Rules and Regulations for Transportation - Special Conditions for terms related to Customers taking Gas Supply from a TPS. Issued by: Carolyn Bermudez Effective: Vice President, Florida City Gas Florida City Gas FPSC Natural Gas Tariff Volume No. 9 Original Sheet No. 42 GENERAL SERVICE —11 M (GS -11 M) APPLICABILITY Service is available to Non -Residential Customers using between 11,000,000 and 24,999,999 therms per year as determined by the Company. CHARACTER OF SERVICE A firm delivery service of natural gas, or its equivalent, delivered by the Company or Customers' Third Party Supplier ("TPS") with a heating value on the order of 1,100 British Thermal Units per cubic foot. *MONTHLY RATE Customer Charge Demand Charge, per DCQ Distribution Charge, per therm Commodity Charge Gas Supply from PGA $1,000.00 $0.575 $0.0800 Per Rider "A" Gas Supply from TPS $1,000.00 $0.575 $0.0800 Per TPS Agreement *The charges set forth in this Rate Schedule will be adjusted for all other applicable Riders of this Tariff and any additional taxes, assessments or similar charges that are lawfully imposed by the Company. A Customer that receives gas supply from a TPS will be charged by the TPS for commodity according to any agreement between the Customer and the TPS. Only Non -Residential Customers are eligible to receive gas supply from a TPS. DETERMINATION OF THE DEMAND CHARGE QUANTITY (DCQ) The DCQ's to be used in setting the Customer's Billing DCQ will be determined by the Customer's maximum daily requirements in terms of therm units per day based on readings taken from an Automatic Meter Reading (AMR) device installed at the premise. The DCQ's used in setting the Billing DCQ shall be those from the Customer's daily metered therm consumption recorded for a period of up to three (3) years ending each March 31st. The results shall be grouped into the seasonal periods of April to October and November to March for purposes of deriving the Billing DCQ. If historical consumption information of at least twelve (12) months is not available, then the Billing DCQ level shall be based upon the rating and expected usage of the Customer's gas equipment as determined by the Company. The Billing DCQ will be determined annually by the Company based on the DCQ history, as determined above, for each of the respective seasonal periods. The Customer's Billing DCQ shall be adjusted to reflect the maximum DCQ recorded for the respective seasonal periods. Adjustments will be made in the preceding months of April and November except the Company shall not increase such a Customer's Billing DCQ unless the Customer has had at least three (3) occurrences of DCQ's in excess of their current Billing DCQ within the respective seasonal periods. Issued by: Carolyn Bermudez Effective: Vice President, Florida City Gas P, 4-- &'1 Florida City Gas FPSC Natural Gas Tariff Volume No. 9 Original Sheet No. 43 GENERAL SERVICE - 11 M (GS — 11 M) (Continued) DETERMINATION OF THE DEMAND CHARGE QUANTITY (DCQ) (continued) At any time a Customer may request an adjustment to its Billing DCQ. If the Customer is able to demonstrate an ongoing change in its maximum daily therm requirements then the Company may at its discretion adjust Customers Billing DCQ prospectively. However, the initial Billing DCQ shall be established for all Customers with active service at the effective date of this tariff based on the highest daily actual therm consumption recorded at Customer's premises over the thirty-six month historic period ending March 31s of each year. MINIMUM BILL The minimum monthly bill shall be the Customer Charge and Demand Charge. In addition, a minimum annual charge shall be assessed by applying the Distribution Charge hereunder to the difference between the annual minimum qualifying therms specified in this Rate Schedule and the annual usage of the Customer. TERMS OF PAYMENT Bills are due upon receipt by the Customer and become delinquent if unpaid after expiration of twenty days from date of mailing or other delivery thereof by the Company. TERM OF CONTRACT The initial term of which shall be no less than one (1) year and year to year thereafter until terminated by ninety (90) days written notice by either party. SPECIAL CONDITIONS OF SERVICE 1. Application of this rate is subject to the general Rules and Regulations of the Company as they may be in effect from time to time and as filed with the regulatory authorities. 2. Each year the Company shall re -determine each Customer's eligibility based on their annual usage. If reclassification to another schedule is appropriate such reclassification shall be prospective only and shall not be retroactive. .3. Automatic Meter Reading (AMR) equipment capable of providing daily readings is required for all Customers served under this Rate Schedule. See the Rules and Regulations for Metering for terms and conditions related to AMR's. SPECIAL CONDITIONS APPLICABLE TO CUSTOMERS RECEIVING GAS SUPPLY FROM THIRD PARTY SUPPLIERS (TPS) See the Rules and Regulations for Transportation - Special Conditions for terms related to Customers taking Gas Supply from a TPS. Issued by: Carolyn Bermudez Effective: Vice President, Florida City Gas P 4—(pl Florida City Gas FPSC Natural Gas Tariff Volume No. 9 Original Sheet No. 44 GENERAL SERVICE — 25M (GS - 25M) APPLICABILITY Service is available to Non -Residential Customers using 25,000,000 or more therms per year as determined by the Company. CHARACTER OF SERVICE A firm delivery service of natural gas, or its equivalent, delivered by the Company or Customers' Third Party Supplier ("TPS") with a heating value on the order of 1,100 British Thermal Units per cubic foot. *MONTHLY RATE Customer Charge Demand Charge, per DCQ Distribution Charge, per therm Commodity Charge Gas Supply from PGA $2,000.00 $0.575 $0.0400 Per Rider "A" Gas Supply from TPS $2,000.00 $0.575 $0.0400 Per TPS Agreement *The charges set forth in this Rate Schedule will be adjusted for all other applicable Riders of this Tariff and any additional taxes, assessments or similar charges that are lawfully imposed by the Company. A Customer that receives gas supply from a TPS will be charged by the TPS for commodity according to any agreement between the Customer and the TPS. Only Non -Residential Customers are eligible to receive gas supply from a TPS. DETERMINATION OF THE DEMAND CHARGE QUANTITY (DCQ) The DCQ's to be used in setting the Customer's Billing DCQ will be determined by the Customer's maximum daily requirements in terms of therm units per day based on readings taken from an Automatic Meter Reading (AMR) device installed at the premise. The DCQ's used in setting the Billing DCQ shall be those from the Customer's daily metered therm consumption recorded for a period of up to three (3) years ending each March 31st. The results shall be grouped into the seasonal periods of April to October and November to March for purposes of deriving the Billing DCQ. If historical consumption information of at least twelve (12) months is not available, then the Billing DCQ level shall be based upon the rating and expected usage of the Customer's gas equipment as determined by the Company. The Billing DCQ will be determined annually by the Company based on the DCQ history, as determined above, for each of the respective seasonal periods. The Customer's Billing DCQ shall be adjusted to reflect the maximum DCQ recorded for the respective seasonal periods. Adjustments will be made in the preceding months of April and November except the Company shall not increase such a Customer's Billing DCQ unless the Customer has had at least three (3) occurrences of DCQ's in excess of their current Billing DCQ within the respective seasonal periods. Issued by: Carolyn Bermudez Effective: Vice President, Florida City Gas F, ` -bq Florida City Gas FPSC Natural Gas Tariff Volume No. 9 Original Sheet No. 45 GENERAL SERVICE - 25M (GS — 25M) (Continued) DETERMINATION OF THE DEMAND CHARGE QUANTITY (DCQ) (continued) At any time a Customer may request an adjustment to its Billing DCQ. If the Customer is able to demonstrate an ongoing change in its maximum daily therm requirements then the Company may at its discretion adjust Customers Billing DCQ prospectively. However, the initial Billing DCQ shall be established for all Customers with active service at the effective date of this tariff based on the highest daily actual therm consumption recorded at Customer's premises over the thirty-six month historic period ending March 31' of each year. MINIMUM BILL The minimum monthly bill shall be the Customer Charge and Demand Charge. In addition, a minimum annual charge shall be assessed by applying the Distribution Charge hereunder to the difference between the annual minimum qualifying therms specified in this Rate Schedule and the annual usage of the Customer. TERMS OF PAYMENT Bills are due upon receipt by the Customer and become delinquent if unpaid after expiration of twenty days from date of mailing or other delivery thereof by the Company. TERM OF CONTRACT The initial term of which shall be no less than one (1) year and year to year thereafter until terminated by ninety (90) days written notice by either party. SPECIAL CONDITIONS OF SERVICE 1. Application of this rate is subject to the general Rules and Regulations of the Company as they may be in effect from time to time and as filed with the regulatory authorities. 2. Each year the Company shall re -determine each Customer's eligibility based on their annual usage. If reclassification to another schedule is appropriate such reclassification shall be prospective only and shall not be retroactive. 3. Automatic Meter Reading (AMR) equipment capable of providing daily readings is required for all Customers served under this Rate Schedule. See the Rules and Regulations for Metering for terms and conditions related to AMR's. SPECIAL CONDITIONS, APPLICABLE TO CUSTOMERS RECEIVING GAS SUPPLY FROM THIRD PARTY SUPPLIERS (TPS) See the Rules and Regulations for Transportation - Special Conditions for terms related to Customers taking Gas Supply from a TPS. Issued by: Carolyn Bermudez Effective: Vice President, Florida City Gas Florida City Gas FPSC Natural Gas Tariff Volume No. 9 Original Sheet No. 46 GAS LIGHTING SERVICE (GL) AVAILABILITY See "Limitations of Service" below. APPLICABILITY Firm Natural gas service for continuous street or outdoor lighting devices installed upstream of the Customer's meter. LIMITATIONS OF SERVICE This Rate Schedule is closed and is restricted to Customers who were served prior to March 17, 1975. *MONTHLY RATE Distribution Charge $7.20 per lamp ($0.4000 per therm X 18 therms) *The charges set forth in this Rate Schedule will be adjusted for all other applicable Riders of this Tariff and any additional taxes, assessments or similar charges that are lawfully imposed by the Company. For the purpose of applying Riders or other billing adjustments usage of eighteen therms per lamp per month will be assumed. MINIMUM BILL The minimum monthly bill shall be the Monthly Rate. TERMS OF PAYMENT Bills are due upon receipt by the Customer and become delinquent if unpaid after expiration of twenty days from date of mailing or other delivery thereof by the Company. SPECIAL CONDITIONS OF SERVICE Application of this rate is subject to the general Rules and Regulations of the Company as they may be in effect from time to time and as filed with the regulatory authorities. Issued by: Carolyn Bermudez Effective: Vice President, Florida City Gas P.4-,1 I Florida City Gas FPSC Natural Gas Tariff Volume No. 9 APPLICABILITY nal Sheet No. 47 RESIDENTIAL STANDBY GENERATOR SERVICE (RSG) Service is available to Residential Customers whose only gas usage is for a standby electric generator. CHARACTER OF SERVICE A firm delivery service of natural gas, or its equivalent, delivered by the Company with a heating value on the order of 1,1.00 British Thermal Units per cubic foot. *MONTHLY RATE Customer Charge: $16.81 Distribution Charge: 0 - 14 therms $0.00000 per therm More than 14 therms $0.52248 per therm *The charges set forth in this Rate Schedule will be adjusted for all other applicable Riders of this Tariff and any additional taxes, assessments or similar charges that are lawfully imposed by the Company. MINIMUM BILL The minimum monthly bill shall be the Customer Charge. TERMS OF PAYMENT Bills are due upon receipt by the Customer and become delinquent if unpaid after expiration of twenty days from date of mailing or other delivery thereof by the Company. SPECIAL CONDITIONS OF SERVICE 1. Subject to special condition 3 below, a customer receiving service under this schedule shall remain obligated to remain on this schedule for 12 months. This 12 -month requirement shall be renewed at the end of each 12 -month term unless the customer terminates the service in writing within 30 days before the end of the term. 2. If the customer terminates the service before the 12 -month term ends, the customer will be billed the minimum bill for the remaining months of the service. 3. If the customer installs an additional gas appliance at the premise at which service is provided, then the customer will be transferred to the applicable rate schedule based on total therms. 4. Application of this rate is subject to the general Rules and Regulations of the Company as they may be in effect from time to time and as filed with the regulatory authorities. Issued by: Carolyn Bermudez Effective: Vice President, Florida City Gas P, 4-7c;� Florida City Gas FPSC Natural Gas Tariff Volume No. 9 APPLICABILITY Oriqinal Sheet No. 48 COMMERCIAL STANDBY GENERATOR SERVICE (CSG) Service is available to Non-residential Customers whose only gas usage is for a standby electric generator with annual consumption of less than 120,000 therms. CHARACTER OF SERVICE A firm delivery service of natural gas, or its equivalent, delivered by the Company with a heating value on the order of 1,100 British Thermal Units per cubic foot. *MONTHLY RATE Customer Charge: $24.00 Distribution Charge: 0 - 26 therms $0.00000 per therm More than 26 therms $0.49531 per therm *The charges set forth in this Rate Schedule will be adjusted for all other applicable Riders of this Tariff and any additional taxes, assessments or similar charges that are lawfully imposed by the Company. A customer that receives gas supply from a TPS will be charged by the TPS for commodity according to any agreement between the Customer and the TPS. MINIMUM BILL The minimum monthly bill shall be the Customer Charge. TERMS OF PAYMENT Bills are due upon receipt by the Customer and become delinquent if unpaid after expiration of twenty days from date of mailing or other delivery thereof by the Company. SPECIAL CONDITIONS OF SERVICE 1. Subject to special condition 3 below, a Customer receiving service under this schedule shall remain obligated to remain on this schedule for 12 months. This 12 -month requirement shall be renewed at the end of each 12 -month term unless the Customer terminates the service in writing within 30 days before the end of the term. 2. If the Customer terminates the service before the 12 -month term ends, the Customer will be billed the minimum bill for the remaining months of the service. 3. If the Customer installs an additional gas appliance at the premise at which service is provided, then the Customer will be transferred to the applicable rate schedule based on total therms. 4. Application of this rate is subject to the general Rules and Regulations of the Company as they may be in effect from time to time and as filed with the regulatory authorities. Issued by: Carolyn Bermudez Effective: Vice President, Florida City Gas P, 4-'-73 Florida City Gas FPSC Natural Gas Tariff Volume No. 9 APPLICABILITY First Revised Sheet No. 49 NATURAL GAS VEHICLE SERVICE -1 (NGV -I) For gas delivered to any Customer through a separate meter for the purpose of compression and delivery into motor vehicle fuel tanks or other transportation containers. NGV -1 is only available to those Customers who are presently receiving this service as of August 13, 2013. Customers seeking such service after this date shall take service under the NGV -II terms of this Tariff. *MONTHLY RATE Gas Supply from PGA Gas Supply from TPS Customer Charge $25.00 $25.00 Distribution Charge, per therm $0.4262 $0.4262 Commodity Charge Per Rider "A" Per TPS Agreement *The charges set forth in this Rate Schedule will be adjusted for all other applicable Riders of this Tariff and any additional taxes, assessments or similar charges that are lawfully imposed by the Company. A Customer that receives gas supply from a TPS will be charged for commodity according to any agreement between the Customer and the TPS. MINIMUM BILL The minimum monthly bill shall be the Customer Charge. In addition, a minimum annual charge, if applicable, shall be assessed by applying the applicable rates and adjustments hereunder to the difference between the minimum therms, if any, established per the Customer's Agreement and the Customers annual usage. TERMS OF PAYMENT Bills are due upon receipt by the Customer and become delinquent if unpaid after expiration of twenty days from date of mailing or other delivery thereof by the Company. SPECIAL CONDITIONS Service under this Rate Schedule shall be subject to the general Rules and Regulations of the Company as they may be in effect from time to time, and as filed with the regulatory authorities. SPECIAL CONDITIONS APPLICABLE TO CUSTOMERS RECEIVING GAS SUPPLY FROM THIRD PARTY SUPPLIERS (TPS) 1. See the Rules and Regulations for Transportation - Special Conditions for terms related to Customers taking Gas Supply from a TPS. 2. Automatic Meter Reading (AMR) equipment is required for transportation Customers served under this Rate Schedule using over 120,000 therms per year. See the Rules and Regulations for Metering for terms and conditions related to AMR's. Issued by: Carolyn Bermudez Effective: Vice President, Florida City Gas P. 4-IlLi Florida City Gas FPSC Natural Gas Tariff Volume No. 9 Original Sheet No. 50 NATURAL GAS VEHICLE SERVICE -II (NGV Ill APPLICABILITY For gas delivered to any Customer for the purpose of compression and delivery into motor vehicle fuel tanks or other transportation containers after August 13, 2013. MONTHLY RATE Service is available under any General Service (GS) Rate Schedule (GS -1 through GS - 1250k) based on the Customer's therms per year as determined by the Company. The charges, terms and conditions as provided under the applicable GS Rate Schedule shall apply, including all applicable Riders of this Tariff and any additional taxes, assessments or similar charges that are lawfully imposed by the Company, notwithstanding the Special Conditions sections below. MONTHLY FACILITIES CHARGE WHEN COMPANY PROVIDES EQUIPMENT NECESSARY FOR NGV -II SERVICE The Monthly Facilities Charge, if applicable, shall be equal to 1.6% multiplied by the Company's Gross Investment in facilities, as determined by the Company required to serve the Customer. As used here, Gross Investment means the total installed cost of the facilities as determined by the Company, which may include but are not limited to dryers, compressors, storage vessels, controls, piping, metering, dispensers, and any other related appurtenances including the necessary redundancy to provide for reliable service, before any adjustment for accumulated depreciation, a contribution in aid of construction, etc. The 1.6% factor is subject to adjustment if the Customer makes a contribution in aid of construction. The adjusted factor will be as stated in the Company's standard agreement for service provided under this Rate Schedule. If the service is provided under a standard agreement to more than one Customer, the charges applicable to each Customer shall be as stated in the agreement with the individual Customer. The standard agreement may also require a commitment to purchase service for a minimum period of time, take or pay for a minimum amount of service, a contribution in aid of construction, a guarantee, such as a bond or letter of credit, and/or other provisions as determined appropriate by the Company. 1) COMPANY PROVIDED FACILITIES ON CUSTOMER PREMISES If Company provides and maintains the necessary facilities for compression and dispensing of such natural gas for delivery to vehicles on the Customer's property, the following additional charge shall apply: Issued by: Carolyn Bermudez Effective: Vice President, Florida City Gas P. 4- "7 Florida City Gas FPSC Natural Gas Tariff Volume No. 9 Original Sheet No. 51 NATURAL GAS VEHICLE SERVICE -II (NGV -II) (Continued) 1) COMPANY PROVIDED FACILITIES ON CUSTOMER PREMISE (Continued) Monthly Facilities Charge The provision and maintenance of the facilities does not include the physical dispensing of compressed natural gas into vehicles, or the provision of electricity required to operate the facility. The physical dispensing of compressed natural gas into vehicles, the collection and remittance of any federal or state or local tax imposed on compressed natural gas dispensed for use as motor fuel, and the payment for electricity used to operate the facility shall be the responsibility of the Customer. A Company -provided facility could be a residential fueling station. 2) LIMITED ACCESS FACILITIES LOCATED ON COMPANY PREMISES The Company may, under agreement with one or more Customers, provide and maintain, on the Company's premises, the necessary facilities for compression and dispensing of natural gas into motor vehicles. The Customer may elect to receive distribution service and purchase gas under any of the GS schedules, provided that the Customer would otherwise meet the requirement to be served under the provision of the rate schedule elected. In addition to the distribution and gas charges as provided under the rate schedule elected by the Customer, the following charges shall apply: a) Monthly Facilities Charge The Monthly Facilities Charge, if applicable, shall be equal to 1.6% multiplied by the Company's Gross Investment in facilities, as determined by the Company required to serve the. Customer. As used here, Gross Investment means the total installed cost of the facilities as determined by the Company, which may include but are not limited to dryers, compressors, storage vessels, controls, piping, metering, dispensers, and any other related appurtenances including the necessary redundancy to provide for reliable service and land and land rights, before any adjustment for accumulated depreciation, a contribution in aid of construction, etc. The 1.6% factor is subject to adjustment if the Customer makes a contribution in aid of construction. The adjusted factor will be as stated in the Company's standard agreement for service provided under this Rate Schedule. If the service is provided under a standard agreement to more than one Customer, the charges applicable to each Customer shall be as stated in the agreement with the individual Customer. The standard agreement may also require a commitment to purchase service for a minimum period of time, take or pay for a minimum amount of service, a contribution in aid of construction, a guarantee, such as a bond or letter of credit, and/or other provisions as determined appropriate by the Company. b) Compressed Gas Dispensing Fee The monthly dispensing fee shall recover all costs related to dispensing and be provided in the standard agreement. Issued by: Carolyn Bermudez Effective: Vice President, Florida City Gas jo, 4-- % Florida City Gas FPSC Natural Gas Tariff Volume No. 9 Original Sheet No. 52 NATURAL GAS VEHICLE SERVICE -II (NGV -II) (Continued) 2) LIMITED ACCESS FACILITIES LOCATED ON COMPANY PREMISES (Continued) c) Tax The Company shall collect from the Customer and remit to the applicable authority any motor fuel tax on compressed natural gas. Any service provided from a facility located on the Company's premises shall be provided at the time and under the terms and conditions as determined by the Company and specified in the agreement(s) with the Customer(s). The standard agreement may require a commitment to purchase service for a minimum period of time, take or pay for a minimum amount of service, a contribution in aid of construction, a guarantee (such as a bond) and/or other provisions as determined appropriate by the Company. 3) PUBLICLY ACCESSIBLE FACILITIES LOCATED ON COMPANY PREMISES If the Company offers service to Customer from facilities located on the Company's premises only the following charges shall apply: Distribution and Dispensing: $0.50 /Therm Gas Cost: No lower than the monthly PGA Taxes: Applicable motor fuel or other taxes applicable to compressed natural gas dispensed for motor fuel The total charge, consisting of the Distribution and Dispensing charge, the Gas Cost, and Taxes, shall be as determined by the Company. However, the Gas Cost component of the charge shall not be less than the Purchased Gas Adjustment (PGA) and other adjustments, charges and/or credits determined to be applicable. In addition, the gas commodity component (total charge less the Distribution and Dispensing charge and applicable taxes) will be accounted for as recovery of gas cost in the annual PGA docket. Other Riders of this Tariff will not be credited for such service. Any service provided from a facility located on the Company's premises shall be provided at the time and under the terms and conditions as determined by the Company. MINIMUM BILL The minimum monthly bill shall be the minimum bill as provided for in the GS Rate Schedule applicable to the Customer plus any additional Monthly Facilities Charge except for option 3. Issued by: Carolyn Bermudez Effective: Vice President, Florida City Gas P 4 -ell Florida City Gas FPSC Natural Gas Tariff Volume No. 9 Original Sheet No. 53 NATURAL GAS VEHICLE SERVICE -II (NGV -II) (Continued) 3) PUBLICLY ACCESSIBLE FACILITIES LOCATED ON COMPANY PREMISES (Continued) TERMS OF PAYMENT Bills .are due upon receipt by the Customer and become delinquent if unpaid after expiration of twenty days from date of mailing or other delivery thereof by the Company and are subject to late payment charges. SPECIAL CONDITIONS 1. Service under this Rate Schedule shall be subject to the general Rules and Regulations of the Company as they may be in effect from time to time, and as filed with the regulatory authorities. 2. A separate meter or sub -meter may be requested by the Customer or required by the Company; in which case the Customer will pay the cost of the meter and installation which shall remain the property of the Company. 3. The collection and remittance of any federal or state or local tax specifically imposed on compressed natural gas dispensed for motor fuel shall be the responsibility of the Customer or Retailer, unless otherwise provide for in a Customer's agreement. 4. The terms and conditions applicable to sub -metering and allocation of cost included elsewhere in this Tariff are not applicable to Compressed Natural Gas used for motor fuel. 5. NGV service is not available for resale by residential customers. 6. The Company shall not be responsible in any manner for the use, care or handling of natural gas once it is delivered to a natural gas vehicle. 7. If the Company, by itself or in partnership with another entity, responds to a competitive situation of a government agency or commercial customer and has volumes greater than 250,000 therms per year, the Company has the option to provide NGV service, equipment, facilities, and distribution at rates and charges set on an individual Customer basis via a special contract as long as the rate is above incremental cost with a reasonable return. At the Company's discretion it may recover the difference between the otherwise applicable tariff rate and the approved contract rate under this rate provision through Rider "C", Competitive Rate Adjustment ("CRA"). 8. If a Customer is phasing in the use of compressed natural gas as motor fuel and is acquiring and placing into service vehicles fueled by compressed natural gas over a period of years, the Monthly Facilities Charge may be phased—in over the term of agreement. However, the net present value of the revenue from the phased -in charges, discounted at the Company's authorized rate of return, shall be set equal to the net present value of the revenue that would be generated over the term of the contract if the Monthly Facilities Charge was not phased -in. Any such phase-in shall be provided in the agreement for service. Issued by:. Carolyn Bermudez Effective: Vice President, Florida City Gas P,4-�q Florida City Gas FPSC Natural Gas Tariff Volume No. 9 Original Sheet No. 54 CONTRACT DEMAND SERVICE (KDS) OBJECTIVE The objective of this Rate Schedule is to enable the Company to attach incremental load to its system by providing the Company with the flexibility to negotiate individual service agreements with Customers taking into account competitive and economic market. conditions and system growth opportunities. APPLICABILITY Sales or Transportation service is available under this Rate Schedule to any non - Residential Customer bringing a minimum new incremental demand of 250,000 additional therms per year to the Company's system at one location. Terms of service including operating conditions and, if applicable, a capital repayment mechanism acceptable to Company, which may include, but shall not be limited to, a minimum monthly or annual bill, will be set forth in individual service agreements between the Company and the Customer. Absent a service agreement with Company under this Rate Schedule, Company has no obligation to provide, and the Customer shall have no right to receive, service under this Rate Schedule, and Customer may elect to receive service under other applicable Rate Schedules. GAS SUPPLY OBLIGATION The Company shall have no obligation to. provide natural gas supplies to Transportation Customers under this Rate Schedule. MONTHLY RATE 1. The Distribution Charge shall be an amount negotiated between Company and Customer, but the rate shall not be set lower than the incremental cost the Company incurs to serve the Customer. As used herein incremental cost shall include operations and maintenance, the depreciation expense for facilities used to provide service to the Customer, the return on the facilities computed at the rate of return approved in the Company's most recent rate case, and associated taxes. The charge shall include any capital recovery mechanism. The charge shall be determined by the Company based on Company's evaluation of competitive and overall economic market conditions and the opportunity for the Company to expand its system into areas not served with natural gas. Such evaluation may include, but is not necessarily limited to: the cost of gas which is available to serve Customer; the delivered price and availability of Customer's alternate fuel or energy source; the nature of the Customer's operations (such as load factor, fuel efficiency, alternate fuel capacity, etc.); and the opportunity to extend gas service to areas not supplied with natural gas. With respect to existing Customers, an additional load of at least 250,000 therms must be added, and the negotiated KDS rate will only apply to the additional load added to the Company's system. Issued by: Carolyn Bermudez Effective: Vice President, Florida City Gas Florida City Gas FPSC Natural Gas Tariff Volume No. 9 Original Sheet No. 55 CONTRACT DEMAND SERVICE (KDS) (Continued) MONTHLY RATE (Continued) 2. The Commodity Charge, if taking supply from the Company, shall be the rate per therm for gas. used computed to be the incremental cost of purchasing or producing gas. INTERRUPTION AND CURTAILMENT In addition to the interruption and curtailment terms in the Rules and Regulations or the Company's Curtailment Plan the Company shall have the right to reduce or to completely curtail deliveries to Customer pursuant to this Rate Schedule: 1. If in the Company's opinion, Customer will overrun the volume of gas to which it is entitled from its supplier (or overrun the volume of gas being delivered to Company for Customer's account); or 2. in the event Company is notified by its supplier or pipeline transporter to interrupt or curtail deliveries to Customer, or deliveries of gas for uses of the same type or category as Customer's use of gas hereunder; or 3. when necessary to maintain the operational reliability of Company's system. CONFIDENTIALITY The Company and Customer each regard the terms and conditions of the negotiated service agreement as confidential, proprietary business information. The Company and Customer will utilize all reasonable and available measures to guard the confidentiality of said information, subject to the requirements of courts and agencies having jurisdiction hereof. SPECIAL CONDITIONS 1. Service under this Rate Schedule shall be subject to the Rules and Regulations set forth in the tariff, except to the extent modified under this Rate Schedule and / or in a service agreement. 2. Term of Agreement: If the provision of service hereunder requires the installation of natural gas equipment at Customer's facility, Company and Customer may enter into an agreement as to the terms and conditions regarding the reimbursement of costs relating to such equipment. The initial term of the service agreement shall, at a minimum, be equal to the period of cost reimbursement. The rates established in the Monthly Rates section .may be adjusted to provide for such cost reimbursement to the Company including carrying costs. Issued by: Carolyn Bermudez Effective: Vice President, Florida City Gas P, ` - g0 Florida City Gas FPSC Natural Gas Tariff Volume No. 9 CONTRACT DEMAND SERVICE (KIDS) (Continued) SPECIAL CONDITIONS (Continued) Original Sheet No. 56 3. Automatic Meter Reading (AMR) equipment capable of providing daily readings is required for Customers served under this Rate Schedule, see the Rules and Regulations for Metering for terms and conditions related to AMR's. 4. When entering into a service agreement with a Customer under this Rate Schedule, Company will take reasonable steps to mitigate the potential of any revenue shortfalls between the revenues received under a service agreement and the total cost and expenses relating to the associated capital investment made by the Company, including minimum annual requirements. Issued by: Carolyn Bermudez Effective: Vice President, Florida City Gas P, Lt--,wI Florida City Gas FPSC Natural Gas Tariff Volume No 9 Original Sheet No. 57 LOAD ENHANCEMENT SERVICE (LES) OBJECTIVE The objective of this Rate Schedule is to enable the Company to retain or obtain significant load on its system by providing the Company with the flexibility to negotiate individual service agreements with non -Residential Customers taking into account competitive and economic market conditions and overall system benefits. APPLICABILITY This sales or transportation service is available at the Company's sole discretion to Customer's which meet the applicability standards, including (1) an existing commercial customer receiving service under contract or any new or existing customer that would otherwise qualify for service under Rate Schedules KIDS, TSS, OSS, GS -120K, GS -1,250K, GS -11M or GS -25M; (2) the Customer must provide the Company verifiable documentation of either a viable alternative fuel or of a Customer's opportunity to economically bypass the Company's system; (3) the Company must demonstrate that the Customer served under this Rate Schedule will not cause any additional cost to the Company's other rate classes, including, at a minimum, that the rate shall not be set lower than the incremental cost plus some additional amount as reasonable return on investment and; (4) the Customer and the Company must enter into a service agreement under this Rate Schedule. As used herein incremental cost shall include operations and maintenance, the depreciation expense for facilities used to provide service to the Customer, the return on the facilities computed at the rate of return approved in the Company's most recent rate case, and associated taxes. SERVICE AGREEMENT OBLIGATIONS Terms of service including operating conditions and, if applicable, a capital repayment mechanism acceptable to Company, which may include, but shall not be limited to, a minimum monthly or annual bill, will be set forth in individual service agreements between the Company and the Customer. Absent a service agreement with Company under this Rate Schedule, Company has no obligation to provide, and the Customer shall have no right to receive, service under this Rate Schedule, and Customer may request service under other applicable Rate Schedules. Any service agreement under LES shall be subject to approval by the Florida Public Service Commission (FPSC) before any contract rate is implemented and the agreement can be executed by the parties. GAS SUPPLY OBLIGATION The Company shall have no obligation to provide natural gas supplies to Transportation Customers under this Rate Schedule. Issued by: Carolyn Bermudez Effective: Vice President, Florida City Gas P, L(-5 D., Florida City Gas FPSC Natural Gas Tariff Volume No. 9 Original Sheet No. 58 LOAD ENHANCEMENT SERVICE (LES) (Continued) MONTHLY RATE 1. The Distribution Charge shall be an amount negotiated between Company and Customer, but the rate shall not be set lower than the incremental cost plus some additional amount as a reasonable return on investment the Company incurs to serve the Customer. The distribution charge also shall include any capital recovery mechanism. The distribution charge shall be determined by the Company based on Company's evaluation of competitive and overall economic market conditions and the opportunity for the Company to expand its system into areas not served with natural gas as applicable. Such evaluation may include, but is not necessarily limited to: the cost of gas which is available to serve Customer; the delivered price and availability of Customer's alternate fuel or energy source; the nature of the Customer's operations (such as load factor, fuel efficiency, alternate fuel capacity, etc.); and the opportunity to extend gas service to areas not supplied with natural gas. As used herein incremental cost shall include operations and maintenance, the depreciation expense for facilities used to provide service to the Customer, the return on the facilities computed at the rate of return approved in the Company's most recent rate case, and associated taxes. 2. The Commodity Charge shall be the rate per therm for gas used computed to be the incremental cost of purchasing or producing gas, if taking supply from the Company. 3. The Company may permit the Customer to combine the accounting for the gas load delivered to multiple meters serving the same premise for this service. INTERRUPTION AND CURTAILMENT In addition to the interruption and curtailment terms in the Rules and Regulations or the Company's Curtailment Plan, the Company shall have the right to curtail deliveries to Customer pursuant to this Rate Schedule: 1. If in the Company's opinion, Customer will overrun the volume of gas to which it is entitled from its supplier (or overrun the volume of gas being delivered to Company for Customer's account); or 2. in the event Company is notified by its supplier or pipeline transporter to interrupt or curtail deliveries to Customer, or deliveries of gas for uses of the same type or category as Customer's use of gas hereunder; or 3. when necessary to maintain the operational reliability of Company's system. CONFIDENTIALITY The Company and Customer each regard the terms and conditions of the negotiated service agreement as confidential, proprietary business information. The Company and Customer will utilize all reasonable and available measures to guard the confidentiality of said information, subject to the requirements of courts and agencies having jurisdiction hereof. Issued by: Carolyn Bermudez Effective: Vice President, Florida City Gas Florida City Gas FPSC Natural Gas Tariff Volume No. 9 Original Sheet No. 59 LOAD ENHANCEMENT SERVICE (LES) (Continued) SPECIAL CONDITIONS 1. Service under this Rate Schedule shall be subject to the Rules and Regulations set forth in the tariff, except to the extent modified under this Rate Schedule and / or in a service agreement- but such modification or exemption shall not apply to the minimum perquisite requirements set forth in the Applicability section of this Rate Schedule. 2. Term of Agreement: If the provision of service hereunder requires the installation of natural gas equipment at Customer's facility, Company and Customer may enter into an agreement as to the terms and conditions regarding the reimbursement of costs relating to such equipment. The initial term of the service agreement shall, at a minimum, be equal to the period of cost reimbursement. The rates established in the Monthly Rates section may be adjusted to provide for such cost reimbursement to the Company including carrying costs. 3. No later than 180 days prior to the expiration of this special contract, a Customer served under an LES contract may request a new contract under the terms and conditions of this tariff provision. If an agreement is not reached by the end of the term, the agreement will convert to the applicable General Services tariff (based on volume) until a new contract has been approved by the FPSC and executed by the parties. 4. Automatic Meter Reading (AMR) equipment capable of providing daily readings is required for Customers served under this Rate Schedule. See the Rules and Regulations for Metering for terms and conditions related to AMR's. 5. When entering into a service agreement with a Customer under this Rate Schedule, Company will take reasonable steps to mitigate the potential of any revenue shortfalls between the revenues received under a service agreement and the total cost and expenses relating to the associated capital investment made by the Company, including minimum annual requirement. 6. The difference between the otherwise applicable tariff rate and the approved contract rate under this Rate Schedule may be subject to recovery through Rider "C", Competitive Rate Adjustment ("CRA"). Issued by: Carolyn Bermudez Effective: Vice President, Florida City Gas P, 4—.?4 Florida City Gas FPSC Natural Gas Tariff Volume No. 9 THIRD PARTY SUPPLIER (TPS) APPLICABILITY inal Sheet No. 60 The provisions of this Rate Schedule shall apply to brokers, marketers, Customers intending to act as their own gas supplier, and other third party suppliers (collectively "Third Party Suppliers" or "TPS") of natural gas that wish to either act as agents for Transportation Customers or deliver natural gas supplies to Company's City Gate for Transportation Customers. Third Party Suppliers wishing to sell and/or deliver gas on the Company's system will be required to sign a Service Agreement in which they will agree to be bound by the terms and conditions of the Company's Tariff. TERM OF CONTRACT The , term of the contract shall be at least three (3) years and from month to month thereafter unless terminated on thirty (30) days written notice. TERMS OF PAYMENT The TPS agrees to pay for all balancing and other transportation related charges determined by the Company to be billable to a TPS on behalf of their Customers as provided for in this tariff. All charges due from a TPS under this Rate Schedule shall be paid in full within 20 days of the billing date. The TPS and the Company will resolve any disputed amounts. Adjustments, if any, will be reflected on future billings. CREDITWORTHINESS Company shall not be required to permit any TPS who fails to meet Company's standards for creditworthiness to sell or deliver gas on its system. Company may require that TPS provide the following information: 1. Current financial statements (to include a balance sheet, income statement, and statement of cash flow), annual reports, 10-K reports or other filings with regulatory agencies, a list of all corporate affiliates, parent companies and subsidiaries and any reports from credit agencies which are available. If audited financial statements are not available, then TPS also should provide an attestation by its chief financial officer that the information shown in the un- audited statements submitted is true, correct and a fair representation of TPS's financial condition. 2. A bank reference and at least three trade references. 3. A written attestation from TPS that it is not operating under any chapter of the bankruptcy laws and is not subject to liquidation or debt reduction procedures under state laws, such as an assignment for the benefit of creditors, or any informal creditor's committee agreement. An exception can be made for a TPS who is a debtor in possession operating under Chapter XI of the Federal Bankruptcy Act but only with adequate assurances that any charges from the Company will be paid promptly as a cost of administration. Issued by: Carolyn Bermudez Effective: Vice President, Florida City Gas Florida City Gas FPSC Natural Gas Tariff Volume No. 9 Original Sheet No. 61 THIRD PARTY SUPPLIER (TPS) (Continued) CREDITWORTHINESS (Continued) 4. A written attestation from TPS that it is not subject to the uncertainty of pending litigation or regulatory proceedings in state or federal courts which could cause a substantial deterioration in its financial condition or a condition of insolvency. 5. A written attestation from TPS that no significant collection lawsuits or judgments are outstanding which would seriously reflect upon the TPS's ability to remain solvent. To remain in good standing, no uncontested delinquent balances should be outstanding for natural gas sales, storage, Transportation Services, or imbalances previously billed by Company, and TPS must have paid its account according to the established terms, and not made deductions or withheld payment for claims not authorized by contract. TPS shall furnish Company at least annually, and at such other time as is requested by Company, updated credit information for the purpose of enabling Company to perform an updated credit appraisal. In addition, Company reserves the right to request such information at any time if Company is not reasonably satisfied with TPS's creditworthiness or ability to pay based on information available to Company at that time. Company shall not be required to permit and shall have the ability to suspend any TPS who is or has become insolvent, fails to demonstrate creditworthiness, fails to timely provide information to Company as requested, or fails to demonstrate ongoing creditworthiness as a result of credit information obtained; provided, however, TPS may continue to sell / deliver gas on the Company's system if TPS elects one of the following options: (A) Payment in advance for up to three (3) months service as determined by the Company. (B) A standby irrevocable letter of credit in form and substance satisfactory to Company in a face amount up to three (3) months service. The letter of credit must be drawn upon a bank acceptable to Company. (C) A guaranty in form and substance satisfactory to Company, executed by a person that Company deems creditworthy, of TPS's performance of its obligations to Company. (D) Such other form of security as TPS may agree to provide and as may be acceptable to Company. Issued by: Carolyn Bermudez Effective: Vice President, Florida City Gas (D, 9(o Florida City Gas FPSC Natural Gas Tariff Volume No. 9 THIRD PARTY SUPPLIER (TPS) (Continued) CREDITWORTHINESS (Continued) Oriqinal Sheet No. 62 In the event TPS fails to meet the terms of this Creditworthiness section, Company may, without waiving any rights or remedies it may have, and subject to any necessary authorizations, suspend TPS until such time as they are deemed compliant by the Company. The insolvency of a TPS shall be evidenced by the filing by TPS, or any parent entity thereof, of a voluntary petition in bankruptcy or the entry of a decree or order by a court having jurisdiction adjudging the TPS, or any parent entity thereof, bankrupt or insolvent, or approving as properly filed a petition seeking reorganization, arrangement, adjustment or composition of the TPS, or any Parent entity thereof, under the Federal Bankruptcy Act or any other applicable federal or state law, or appointing a receiver, liquidator, assignee, trustee, sequestrator, (or similar official) of the TPS or any parent entity thereof or of any substantial part of its property, or the ordering of the winding -up or liquidation of its affairs. MONTHLY RATE Customer Charge $400.00 Charge for each Transportation Customer served by the TPS $6.07 DETERMINATION OF THE AVERAGE DAILY DELIVERY QUANTITY ("ADDQ") The ADDQ for each Customer without an AMR device will be calculated by the Company by dividing the Customer's usage for each of the most recent twelve (12) billing months by the total number of days in each billing month. Company may adjust Customer's ADDQ at any time, due to changes in Customer's equipment or pattern of usage. For new Customers, the initial ADDQ will be estimated by Company, based upon the rating of the Customer's gas equipment and expected utilization of the equipment. The TPS will be obligated to deliver the aggregate ADDQ each day for Customers it serves. The Company will notify TPS of its aggregate ADDQ obligation for each day of the next succeeding month on the Company's EBB, or other means as determined by the Company. If TPS does not agree with Company's determination of TPS's aggregate ADDQ, it must notify the Company in writing within two business days no later than 5:OO p.m. Eastern Standard Time. Company and TPS will reconcile any differences no later then 5:00 p.m. Eastern Standard Time on the twentieth (20th) of the month. Issued by: Carolyn Bermudez Effective: Vice President, Florida City Gas 10, L�-S"7 Florida City Gas FPSC Natural Gas Tariff Volume No. 9 Original Sheet No. 63 THIRD PARTY SUPPLIER (TPS) (Continued) NOMINATIONS FOR SERVICE The TPS daily nominations shall consist of the ADDQ amount as provided by the Company, if applicable, plus an .amount to meet their non-ADDQ Customers daily requirements. The TPS shall use its best efforts to match their daily nominations to ADDQ and non-ADDQ requirements for the Customers it serves. Failure to provide nominations may result in suspension of service to Customers of the offending TPS. In addition, TPS must identify interstate pipeline contract(s) on which deliveries will be made to the Company's distribution systemon the Company's EBB conforming with NAESB cycles. Failure to comply with the Company's nominating procedures may result in curtailment of third party gas deliveries or additional monthly cash -outs. Company reserves the right to require daily balancing, and shall have the right to curtail service to ensure deliveries on a uniform basis and to correct any imbalances. Company shall be entitled to retain at no cost to Company a percentage of the quantity of gas delivered by or for the account of Customer at each Receipt Point for transportation to Customer, as gas which shall be deemed to be an allowance for transportation shrinkage in the performance of service under each applicable Rate Schedule. Such percentage shall not be higher than 1.5% without prior approval of the Florida Public Service Commission. The Company shall have the right to adjust the percentage from time to time to reflect the actual operating experience of the Company and/or any change in the methodology used by Company to calculate the amount of gas deemed as transportation shrinkage. Upon request, Company shall furnish to Customer information to support any such adjustment to such percentage. In making Nominations the TPS shall provide the following: (1) The pipeline company and the pipeline transportation contract identifiers under which gas deliveries will be made to the Company's distribution system. (2) The daily quantity of gas, expressed in MMBTU (Dekatherms), to be tendered at each receipt point, however the Company reserves the right to specify at which pipeline receipt point a TPS will deliver gas as a percentage of the TPS total monthly deliveries. (3) The estimated term of the nomination. (4) The name, address, and telephone number of a contact person that is available to receive communication from Company at any and all times and upon whose written and oral communications Company may exclusively rely. Issued by: Carolyn Bermudez Effective: Vice President, Florida City Gas Florida City Gas FPSC Natural Gas Tariff Volume No. 9 Original Sheet No. 64 THIRD PARTY SUPPLIER (TPS) (Continued) NOMINATIONS FOR SERVICE (Continued) (5) Any additional information as may be required by the Company in order to perform its functions as a Delivery Point Operator on the pipeline transportation system. If Customer's TPS fails to comply with provisions 1 through 5 above, Company may not schedule the commencement of service or change a prior nomination. DAILY NOMINATION PENALTIES The TPS shall deliver, or cause to be delivered, to the Company at the point(s) of receipt and receive, or cause to be received, from Company at the point(s) of delivery, on a uniform daily basis, that quantity of natural gas that has been Nominated for Service. Except for conditions of Force Majeure or per prior agreement with the Company to modify nominations, on any day that the sum of the actual daily quantity of natural gas received by Company ("Actual Receipts") varies from the sum of daily quantities Nominated for Service during such day for transportation at the points of receipt (Scheduled Volumes) by more than ten percent of the Nominated Receipts, the Company may impose a penalty equal to Unauthorized Gas Use charge times the variance in excess of ten percent of the Nominated Receipts unless in its opinion the system or Customers receiving PGA service were not harmed as a result of the imbalance. The Company reserves the right to limit this imbalance to five percent upon twenty four hours notice to the TPS representatives. These charges are in addition to monthly cash -outs and any other imbalance charges and convey no rights to any quantities of gas to the TPS or its Customers. In the event of non-payment, these charges shall not be assessed to the TPS Customers by the Company. In addition, the Company shall not be required to continue to perform service for TPS Customers if their TPS fails to deliver adequate gas supplies per their daily nominations. The Company reserves the right to discontinue receipts from a TPS until the penalty is paid in full. PIPELINE IMBALANCES AND CHARGES Company and TPS recognize that Company may be subjected to imbalance charges from its interstate pipeline suppliers as a result of TPS's failure to deliver confirmed quantities of gas. In the event that Company is assessed penalties as a result of TPS's actions or omissions, TPS shall reimburse Company for such penalties as may be attributable to TPS's actions or omissions. The Company reserves the right to commingle and charge TPSs on a prorated basis, as determined by the Company, any pipeline charges related to transportation that are not readily identifiable to a specific TPS. Issued by: Carolyn Bermudez Effective: Vice President, Florida City Gas Florida City Gas FPSC Natural Gas Tariff Volume No. 9 Original Sheet No. 65 THIRD PARTY SUPPLIER (TPS) (Continued) INDEMNIFICATION As between the Company and TPS, TPS warrants that it has clear title to any gas delivered into the Company's system, and TPS shall be deemed to be in exclusive control and possession of gas prior to its delivery into the Company's system for redelivery to Customer. TPS agrees to indemnify, defend and hold harmless Company from any and all claims, suits or damage actions arising out of deliveries on behalf of a transporting Customer. ALLOCATION OF SUPPLIES Gas received by the Company from the TPS shall be allocated first to the GS classes being served under ADDQ in the order of increasing annual usage, then to NGV followed by the remaining GS classes in the order of increasing annual usage, then by KDS and lastly to FGS Customers. DAILY AND MONTHLY CONTRACT BALANCING Third Party Suppliers will be billed for all their Customers' balancing charges as follows: a) Daily Imbalance Charge The Company shall, within the existing limitations of its system, provide for balancing between gas requirements and actual gas deliveries, net of an adjustment for Company Use and Unaccounted for Gas, received by the Company for the account of the Customers served by the TPS that day. The Company shall not be obligated to provide gas service during an hourly, daily or monthly period in excess of the levels specified in the Rate Schedules under which Customers of the TPS are served. The Company reserves the right to require daily balancing on any other day in which the Company, in the exercise of its reasonable judgment, determines that such balancing is necessary for operational reasons. The Company will provide the TPS in all instances with at least twenty-four (24) hours advance notice that daily balancing will be imposed. In the event that daily balancing is imposed in accordance with this section, TPS shall be assessed the following charges for daily imbalances: Imbalance * Charge ** 0% to 5% $0.00 per therm 5.1% to 10% $0.10 per therm Underdeliveries > 10% $0.50 per therm Overdeliveries > 10% $0.10 per therm Issued by: Carolyn Bermudez Effective: Vice President, Florida City Gas p, 4-qc) Florida City Gas FPSC Natural Gas Tariff Volume No 9 Original Sheet No. 66 THIRD PARTY SUPPLIER (TPS) (Continued) DAILY AND MONTHLY CONTRACT BALANCING (Continued) a) Daily Imbalance Charge (Continued) *The Company reserves the right to limit daily imbalances to plus or minus 5% of the actual quantity received. If the Company limits daily imbalances to plus or minus 5%, all underdeliveries in excess of 5% shall be considered Unauthorized Gas Use and shall be subject to the Unauthorized Gas Use charges. **The Company may suspend overdelivery charges if it determines such overdeliveries would be beneficial to the systems operation. All TPSs will automatically be placed in a non-discriminatory daily balancing pool. The Company will aggregate the deliveries and receipts of gas of all TPS Customers participating in the pool for the purpose of determining whether imbalance charges will apply. In the event that charges are nonetheless assessed to certain TPSs, such charges will be no greater than the charges that otherwise would have been assessed if the Company did not have a daily balancing pool. TPSs trading imbalances will nonetheless have to set their own prices or methods by which over or under balances will be traded among individual TPSs. b) Monthly Imbalance Cash -Out. Charge At the conclusion of every month, the Company will cash out imbalances between TPS's deliveries and their Customers consumption made up of actual and or estimated volumes as follows: Underdeliveries (1) Overdeliveries (2) Imbalance Level Factor Factor 0 to 5% 1.00 1.00 5.1% to 20% 1.10 0.90 > 20% 1.20 0.80 The Company reserves the right to gross up Customer's total consumption for fuel loss at a rate not to exceed 1.5%. (1) For underdeliveries the amount due to the Company shall be the Imbalance Quantity multiplied by the product of the corresponding Imbalance Level Factor and the applicable price per therm. The price per therm shall be the higher of the total GS -25k Sales Service rate or the monthly average spot price of gas delivered to Florida Gas Transmission at St. Helena Parish, as reported in Natural Gas Week plus Florida Gas Transmission Company's transportation cost and fuel, if applicable. In the event that this price is no longer available or the basis upon which such price is reported or calculated in such publication changes substantively, Company will file to change its tariff and may, at its discretion, select a representative price in the interim period, subject to FPSC approval. Issued by: Carolyn Bermudez Effective: Vice President, Florida City Gas R q -A I Florida City Gas FPSC Natural Gas Tariff Volume No. 9 Original Sheet No. 67 THIRD PARTY SUPPLIER (TPS) (Continued) DAILY AND MONTHLY CONTRACT BALANCING (Continued) b) Monthly Imbalance Cash -Out Charge (Continued) (2) For overdeliveries the amount payable by the Company shall be the Imbalance Quantity multiplied by the product of the corresponding Imbalance Level Factor and the applicable price per therm. The price per therm shall be the Company's lowest supplier commodity rate applicable to the billing month in which the Customer overtendered gas to the Company, or the monthly average spot price for gas delivered to Florida Gas Transmission at Tivoli, as reported in Natural Gas Week plus Florida Gas Transmission Company's transportation cost and fuel, if applicable. In the event that this price is no longer available or the basis upon which such price is reported or calculated in such publication changes substantively, Company will file to change its tariff and may, at its discretion, select a representative price in the interim period, subject to FPSC approval. The offering of gas service above the 5% allowed imbalance for the month is at the sole discretion of the Company. If it determines that it cannot continue to provide such service or that it must limit such service, it will notify TPSs served under this Rate Schedule. The use of service above ,the level allowed by the Company after notification shall constitute Unauthorized Gas Use and shall be subject to the Unauthorized Gas Use charges specified in the Rules and Regulations section of this tariff. CAPACITY ASSIGNMENT TPSs will be required to obtain firm interstate pipeline capacity into the Company's distribution system at points designated by the Company at a quantity equivalent to their Customers' aggregate ADDQ. TPSs that do not demonstrate sufficient interstate firm capacity will be required to accept assignment of such capacity from the Company. The Company will assign each of its firm Interstate pipeline capacity contracts in proportion to the Company's total capacity portfolio at the current the Federal Energy Regulatory Commission approved rates. Refer to Rules and Regulations Section 12 (Transportation — Special Conditions) for the terms associated with the Capacity Assignment process for TPSs. TREATMENT OF REVENUE All revenue produced under this Rate Schedule derived from any balancing charges or other revenue related to the recovery of gas costs, exclusive of applicable taxes and assessments, shall be credited to the Purchased Gas Adjustment Clause. STANDARDS OF CONDUCT In addition to the above terms and conditions, TPS' must agree to comply with any standards of conduct or other requirements set forth by the Florida Public Service Commission. Issued by: Carolyn Bermudez Effective: Vice President, Florida City Gas (D' 4 / Florida City Gas FPSC Natural Gas Tariff Volume No. 9 Original Sheet No. 68 TRANSPORTATION SUPPLY SERVICE (TSS) APPLICABILITY Service is available to a TPS who signs a service agreement with the Company. CHARACTER OF SERVICE At the Company's discretion gas will be made available for this service only to the extent that such gas supplies can be incrementally purchased providing that Company facilities are suitable and gas supplies can be secured for this service. The Company reserves the right to interrupt this service upon two (2) hours notice at its sole discretion. *CHARGES 1. An Annual Service Charge of $500 shall be assessed upon the initial request for this service. This charge will be reassessed for subsequent requests made after June 30 of any year. 2. A Daily Usage Charge of $50.00 shall be assessed for each day this service is utilized. 3. The Commodity rate per therm for gas used shall be computed to be the higher of a) the PGA or b) the incremental cost of purchasing or producing said gas plus $0.0750 per therm. *The charges set forth in this Rate Schedule will be adjusted for all other applicable Riders of this Tariff and any additional taxes, assessments or similar charges that are lawfully imposed by the Company. TERMS OF PAYMENT Bills are due upon receipt by the TPS and become delinquent if unpaid after expiration of twenty days from date of mailing or other delivery thereof by the Company. SPECIAL CONDITIONS 1. Gas Supply: gas purchased for sale under this Rate Schedule shall not be included as part of the gas costs that are recoverable through the PGA Charge. 2. Balancing: gas supplied under this rate schedule shall be deemed a gas delivery by the TPS for purposes of applying the Daily and Monthly Contract Balancing terms of the TPS Rate Schedule. Issued by: Carolyn Bermudez Effective: Vice President, Florida City Gas p, 4-q 3 Florida City Gas FPSC Natural Gas Tariff Volume No. 9 Original Sheet No. 69 TRANSPORTATION SUPPLY SERVICE (TSS) (Continued) SPECIAL CONDITIONS (Continued) 3. Rules and Regulations: service under this Rate Schedule shall be subject to the Rules and Regulations set forth in the tariff, except to the extent modified under this Rate Schedule and / or in a service agreement. Issued by: Carolyn Bermudez Effective: Vice President, Florida City Gas P 4-- 44 Florida City Gas FPSC Natural Gas Tariff Volume No. 9 Original Sheet No. 70 OFF -SYSTEM SALES SERVICE (OSS) AVAILABILITY Throughout the service areas of Company, and of any interstate or intrastate natural gas pipeline serving the Company (collectively, the "Pipelines") APPLICABILITY Interruptible Gas delivered by Company through the facilities of a Pipeline, using Company's, transportation capacity rights on such Pipeline, to any person not connected to Company's distribution system. CHARGES Customer Charge None Transaction Charge $100.00 per transaction Commodity Charge As set forth below For all Scheduled Quantities (as such term is defined in Special Condition 4 below), the Commodity Charge per therm shall be established by agreement between Company and Customer prior to each transaction pursuant to this Rate Schedule. The Commodity Charge for service pursuant to this Rate Schedule shall be determined by Company based upon Company's evaluation of competitive conditions. Such conditions may include, but are not necessarily limited to: the cost of gas which is available to service Customer: the delivered price and availability of Customer's designated alternate fuel; and the nature of Customer's operations (such as load factor, fuel efficiency, alternate fuel capacity, etc.). Company may from time to time increase or reduce the Commodity Charge as it deems necessary or appropriate to meet competition or remain competitive, but shall have not an obligation to do so. The Commodity Charge per therm shall include, at a minimum, the cost per therm of the Gas delivered to Customer pursuant to this Rate Schedule, including all variable costs incurred by Company for (or in connection with) Pipeline transportation and all applicable taxes. Company's Purchase Gas Cost Recovery Adjustment Clause, Energy Conservation Cost Recovery Clause and Competitive Rate Adjustment Clause shall not apply to purchases of Gas made by Customer Pursuant to this Rate Schedule. Issued by: Carolyn Bermudez Effective: Vice President, Florida City Gas Florida City Gas FPSC Natural Gas Tariff Volume No 9 Original Sheet No. 71 OFF -SYSTEM SALES SERVICE (OSS) (Continued) SPECIAL CONDITIONS 1. Neither Customer nor Company shall have any obligation to other for any specific minimum quantity of Gas or pipeline capacity on any day or during any month, and deliveries pursuant to this Rate Schedule shall be subject to curtailment or interruption at any time in the sole discretion of Company. 2. Disposition of Net Revenues and Transaction Charges. For purposes of this paragraph "net revenues" shall equal the difference between the Commodity Charge and the cost of gas delivered to Customer inclusive of all taxes and adjustments. Fifty percent (50%) of all net revenues shall be retained by Company. The remaining fifty percent (50%) of such net revenues (and all Transaction Charges) shall be used to reduce Company's cost of gas recovered through the Purchased Gas Cost Recovery Adjustment Clause. 3. Interruption and Curtailment. Company may notify Customer at any time to reduce or cease using gas. Company will endeavor to give as much notice as possible to Customer. Any gas taken in excess of the volume allocated to Customer in an interruption or curtailment order shall be considered Unauthorized Gas Use. Company may bill and Customer shall pay for such unauthorized use per the charges in the Rules and Regulations - Unauthorized Gas Use section. 4. For each day on which Customer desires to receive service pursuant to this Rate Schedule, Customer shall provide a nomination to Company specifying the quantity of Gas it desires to receive at the specified point of delivery pursuant to this Agreement. Following receipt of a timely and complete nomination from Customer, Company will confirm the quantities of Gas to be made available for delivery to Customer at such point of delivery. Quantities confirmed by Company for delivery shall be "Scheduled Quantities". 5. The point of delivery for all gas sold pursuant to this Rate Schedule shall be the delivery point of the delivering Pipeline specked by Customer. 6. Except as modified by the provisions set forth above, service under this Rate Schedule shall be subject to the Rules and Regulations set forth in this tariff. Issued by: Carolyn Bermudez Effective: Vice President, Florida City Gas P. L- -G h Florida City Gas FPSC Natural Gas Tariff Volume No. 9 Original Sheet No. 72 Economic Development Gas Service (EDGS) AVAILABILITY Service under this Schedule is available, in conjunction with other applicable Commercial or Industrial rate schedule, to any qualifying person that meets the eligibility requirements. APPLICABILITY To receive service under this Rate Schedule, the Customer's written application to the Company shall include sufficient information to permit the Company to determine the Customer's eligibility. Eligibility Requirements: A qualifying person must intend to become a new Customer with the intent to utilize natural gas to provide significant economic development or environmental benefits within the State of Florida or in a manner that increases system utilization; be an existing Customer that materially expands its use of natural gas, that provides significant environmental or economic development benefits within the State, or that increases system utilization; or be a new or existing Customer that meets other criteria as determined appropriate by the Florida Public Service Commission. Significant Economic Benefit: Customers must intend to: create new jobs or avoid potential job reductions in the State; be identified as a prospect by applicable state, county or municipal economic development entity; or otherwise provide material benefits in the areas' economic development. Significant Environmental Benefit: Customers must intend to: install or modernize equipment that uses energy more efficiently; reduce carbon emissions; achieve goals under a State or Federal Energy Plan or Policy as may be established from time to time; or otherwise intend to provide measureable benefits to improve Florida's environment. Qualifying Volumes: To be eligible for service under this rate schedule a new Customer must contract to purchase and/or transport at least 1,000 Dth annually. An existing Customer must contract to purchase and/or transport of at least 1,000 Dth of additional gas annually. The increase in the volume of gas purchased or transported shall result from an in increase in business activity and not merely from the resumption of normal operations following a period of abnormal operating conditions. If in the Company's sole judgement an abnormal period has occurred as a result of a strike, equipment failure, or any other abnormal condition during the twelve (12) month period prior to the date of the application by the Customer for service under this rate schedule, the Company shall adjust the Customer's consumption to eliminate any abnormal conditions. The Company, through use of historical data shall determine the base annual consumption for existing Customers. Volumes in excess of the base annual consumption shall be used to evaluate the eligibility of the Customer to receive service under this rate schedule. Loads which are or have been served by the Company during all or part of the twelve (12) month period prior to service under this Rate Schedule, and which are relocated to another metering point within the Company's service area, shall not qualify for this Rate Schedule. Issued by: Carolyn Bermudez Effective: Vice President, Florida City Gas P. L4 -q`7 Florida City Gas FPSC Natural Gas Tariff Volume No. 9 Oriainal Sheet No. 73 Economic Development Gas Service (EDGS) (Continued) The existing facilities of the Company must be adequate in the sole judgment of the Company to supply the new or expanded natural gas requirements. If construction of new or expanded local facilities by the Company is required, the Customer may be required to make a Contribution in Aid of Construction for the installed cost of such facilities. The Company will evaluate the Customer's request for service and determine the necessity of a Contribution in Aid of Construction for facilities based on the Extension of Facilities provisions in the Company's filed tariff. The Customer must execute a contract for service under this tariff for a minimum of 10 years. All other terms and conditions of the companion rate schedule under which service would otherwise be provided shall apply to service provided under this rate schedule. The Company shall review the Customer's consumption each year to determine whether the Customer has fulfilled the usage requirement to be eligible for service under this rate schedule. If, on an annual basis, the Customer fails to fulfill the usage requirement for service under this tariff future service may be provided under the applicable rate schedule that would otherwise apply. CUSTOMER CHARGE A full monthly Customer charge per meter as provided under applicable companion tariff is payable regardless of the usage of gas. MONTHLY RATE The non -gas charges that would be billed in accordance with the applicable rate schedule that would otherwise apply to the qualifying volumes if service was not providing under this rate schedule shall be multiplied by the following Adjustment Factors to determine the monthly bill related to the qualifying volumes. For a new Customer the factor will be applied to the charges for the total volume delivered. For an existing Customer, the factor will be applied to the charges applicable to the volume in excess of the base annual volumes. For monthly billing purposes, 1/12th of the base annual volume shall be deducted from actual measured consumption to determine the volume eligible for the discounted factor. The factor will not be applied to the monthly Customer charge. Discount from Contract Adjustment Companion Year Billing Months Factor Rate Schedule 1 1st through 12th 60% 40% 2 13th through 24th 70% 30% 3 25th through 36th 80% 20% 4 37th through 48th 90% 10% Beyond the 48th Month 100% 0% Issued by: Carolyn Bermudez Effective: Vice President, Florida City Gas p. +C1 g Florida City Gas FPSC Natural Gas Tariff Volume No. 9 Original Sheet No. 74 Economic Development Gas Service (EDGS) (Continued) If the volume of gas purchased or transported in a contract year is less than the volume specified in the contract, the difference in the actual volume and the volume specified in the contract shall be deemed a volume deficiency. For any volume deficiency, the Customer shall be billed an amount equal to the non -gas volumetric charge that would have been billed for the delivery of the volume equal to the deficiency. The bill shall be computed in accordance with the applicable rate schedule that would otherwise apply subject to the discount provided under this rate schedule. PAYMENT TERMS All bills for service are due upon presentation. The stated net amount shown on the bill shall apply if payment is received on or before the date as specified on the bill. Payments received after that date shall be assessed late payment charges as, defined in Section_ of the Company's tariff. BILLING ADJUSTMENTS Bills for gas service hereunder shall be subject to adjustment for the applicable taxes, fees, and the cost of purchased gas in accordance with Purchased Gas Adjustment (PGA), and shall be subject to other adjustments, charges and/or credits as determined to be applicable to the applicable rate schedule under which the Customer would otherwise be served. The adjustment factor provided under this rate schedule will not be applied to the PGA and other adjustments factors. Issued by: Carolyn Bermudez Effective: Vice President, Florida City Gas P, A4 -A9 Florida City Gas FPSC Natural Gas Tariff Volume No. 9 inal Sheet No. 75 RIDER "A" Purchased Gas Adjustment ("PGA") Applicable to all Customers taking Sales Service from the Company under all GS, GL, RSG, CSG and NGV Rate Schedules. The PGA Charge, as defined herein, is designed to recover the cost to the Company of purchased gas or fuel used as a substitute for or supplemental to purchased gas including the cost of storing or transporting said gases or fuel, the cost of financial instruments employed to stabilize gas costs, other charges or credits as may result from the operation of other tariff provisions, and taxes and assessments in connection with the purchase and sale of gas. A. The rate per therm for gas supplied in any billing period shall be adjusted by the Company's expected weighted average cost of gas (WACOG), and other adjustments as specified and approved by the Florida Public Service Commission. The WACOG may not exceed the Commission approved purchased gas cost recovery factor based on estimated gas purchases for the twelve-month period ending December 31st, in accordance with the methodology adopted by the Commission. The factor determined as set forth above shall be multiplied by 1.00503 for regulatory fees, and rounded to the nearest $0.00001 per therm, to be applied to the total number of therms consumed by the Customer during the billing period. B. The PGA cap recovery factor approved by the Commission for the billing months of January 2018 through December 2018 is $0.75850 per therm. C. If re -projected gas cost expenses for the remaining period exceed projected recoveries by at least 10% for the twelve-month period, a midcourse correction may formally be requested by the Company. For changes in market conditions and costs, the Company, upon one day's notice to the Commission, shall have the option of flexing downward (reducing the WACOG) or upward (increasing the WACOG) to the extent that the increase does not exceed the authorized cap. The current month WACOG may be adjusted for prior months' differences between projected and actual costs of gas purchased, but may not exceed the approved cap for the period. D. Any overrecovery or underrecovery of purchased gas costs by the Company as a result of adjustments made pursuant to the above shall be "trued -up" (refunded to Customer or collected by Company) with interest, during succeeding billing periods as an adjustment to the WACOG, in accordance with the methodology adopted by the Commission, or as such methodology may be amended from time to time by further order of the Commission. Issued by: Carolyn Bermudez Effective: Vice President, Florida City Gas P, L4�100 Florida City Gas FPSC Natural Gas Tariff Volume No 9 Original Sheet No. 76 RIDER "B" Energy Conservation Cost Recovery Adiustment ("ECCR') Applicable to all Customers served under the Rate Schedules shown in the table below except for those Customers receiving a discount under the AFD Rider. The Distribution Charge for the applicable Rate Schedules shall be increased or decreased for the ECCR Rider to reflect the recovery of conservation related expenditures by the Company. The ECCR factor shall be multiplied by the tax factor of 1.00503 and rounded to the nearest $0.00001 per therm. The Company shall record both projected and actual expenses and revenues associated with the implementation of the Company's Energy Conservation Plan as authorized by the Commission. The procedure for review, approval, recovery, and recording of such costs and revenues is set forth in PSC Rule 25-17.015. The cost recovery factors including tax multiplier for the twelve month period from August 1, 2018 through December 31, 2018 are: RS -1 $0.15912 per therm RS -100 $0.10000 per therm RS - 600 $0.04817 per therm GS - 1 $0.03884 per therm GS - 6000 $0.02939 per therm GS - 25000 $0.02822 per therm GS - 120000 $0.02572 per therm Gas Lighting Customers $0.02840 per therm Issued by: Carolyn Bermudez Effective: Vice President, Florida City Gas P.4 -IDI Florida City Gas FPSC Natural Gas Tariff Volume No 9 Original Sheet No. 77 RIDER "C" Competitive Rate Adjustment ("CRA") Applicable to all Customers except those taking service under Rate Schedules KDS, TSS, OSS, LES or under the NGV special contract rate. The Distribution Charge for gas sold or transported after June 30, 1991, to Customers to whom this charge applies, is subject to adjustment in accordance with the following provisions, for prior shortfalls or surpluses. A. For the purposes of this clause, the following definitions shall apply: (1) "Actual revenue" means Company's actual Margin Revenue derived from service provided on the LES Rate Schedule during a determination period. (2) "Base revenue" means the Margin Revenue which Company would have derived had all gas sold on the LES Rate Schedule during a determination period, been sold under Rate Schedules GS -120K, GS -1,250K, GC -11 M and GS -25M. (3) "Surplus" means the amount, if any, by which Company's actual revenue exceeds its base revenue for a determination period. (4) "Shortfall" means the amount, if any by which Company's base revenue exceeds its actual revenue for a determination period. B. , The existence of a shortfall or surplus shall be determined by comparing Company's actual revenue with its base revenue. This determination shall be made each year for the actual twelve months ending September 30th ("determination period"). C. A surplus refund or shortfall recovery shall be implemented during an "adjustment period" beginning January 1"t by reducing or increasing the Distribution Charge per therm charge prescribed in each applicable Rate Schedule of this tariff by an adjustment factor computed as follows and multiplied by the tax factor of 1.00503 and rounded to the nearest $0.00001 per therm. In the event of a surplus, subtract the amount derived from dividing the Surplus Refund due to Customers by the projected therm sales for these Customers. In the event of a shortfall, add the amount derived from dividing the Shortfall Recovery by the projected therm sales for these Customers. Any variation between the actual surplus refund to Customers and the amount calculated pursuant to the preceding paragraph, or between the actual shortfall recovery and the amount which Company elected to recover, in an adjustment period, shall be "trued -up" during the succeeding adjustment period pursuant to methodology approved by the Commission. D. Company may defer all or any portion of a shortfall recovery to a subsequent adjustment period or portion thereof. Issued by: Carolyn Bermudez Effective: Vice President, Florida City Gas P, 4 -lob Florida City Gas FPSC Natural Gas Tariff Volume No. 9 Original Sheet No. 78 SAFETY, ACCESS AND FACILITY ENHANCEMENT (SAFE) PROGRAM Applicable to all Customers served under the Rate Schedules shown in the table below except for those Customers receiving a discount under the AFD Rider. Through its SAFE Program, the Company has identified the potential replacement projects focusing initially on area of limited access/pipe overbuilds, and risk assessment for Rear Lot Mains and Services considering: i. The pipe material; ii. Leak incident rates; iii. Age of pipeline; iv. Pressure under which the pipeline is operating. The Eligible Infrastructure Replacement includes the following: Company investment in mains and service lines, as replacements for existing Rear Lot Facilities, and regulatory station and other distribution system components, the installation of which is required as a consequence of the replacement of the aforesaid facilities that: do not increase revenues by directly connecting new Customers to the plant asset; ii. are in service and used and useful in providing utility service; and iii. that were not included in the Company's rate base for purposes of determining the Company's base rates in its most recent general base rate proceeding. The Company is recovering its revenue requirement on the actual investment amounts. The revenue requirements are inclusive of: Return on investment as calculated using the Company's weighted average cost of capital as calculated in the Company's most recent year-end surveillance report; 2. Depreciation expense (calculated using the currently approved depreciation rates); 3. Customer and general public notification expenses associated with the SAFE Program incurred for: Issued by: Carolyn Bermudez Effective: Vice President, Florida City Gas 0,4-ip-3 Florida City Gas FPSC Natural Gas Tariff Volume No. 9 RIDER "D" nal Sheet No. 79 SAFETY ACCESS AND FACILITY ENHANCEMENT (SAFE) PROGRAM (Continued) all Customers regarding the implementation of the SAFE Program and the approved surcharge factors; ii. the immediately affected Customers where the eligible infrastructure is being replaced; and iii. the general public through publications (newspapers) covering the geographic areas of the eligible infrastructure replacement activities; 4. Ad valorem taxes; and 5. Federal and state income taxes. The Company is utilizing a surcharge mechanism in order to recover the costs associated with the SAFE Program. The Company has developed the revenue requirement for the SAFE Program using the same methodology approved in its most recent rate case. The SAFE revenue requirement will be allocated to each Customer class (Rate Schedule) using allocation factors established by the Florida Public Service Commission for the SAFE Program. The per Customer SAFE surcharge is calculated by dividing the revenue requirement allocated to each Customer class by the number of Customers in the class. The cost recovery factors including tax multiplier for the twelve month period from August 1, 2018 through December 31, 2018 are: Rate Class Rates Per Customer Rate Schedule RS -1 $0.00 Rate Schedule RS -100 $0.00 Rate Schedule RS -600 $0.00 Rate Schedule GS -1 $0.00 Rate Schedule GS -6K $0.00 Rate Schedule GS -25K $0.00 Rate Schedule GS -120K $0.00 Rate Schedule GS -1,250K $0.00 Rate Schedule GS -11 M $0.00 Rate Schedule GS -25M $0.00 Rate Schedule GL $0.00 Rate Schedule RSG $0.00 Rate Schedule CSG $0.00 Issued by: Carolyn Bermudez Effective: Vice President, Florida City Gas Florida City Gas FPSC Natural Gas Tariff Volume No 9 Original Sheet No. 80 RIDER "D" SAFETY ACCESS AND FACILITY ENHANCEMENT (SAFE) PROGRAM (Continued) Procedure for Establishing SAFE Revenue Requirements The SAFE Revenue Requirements and any changes thereto shall be calculated and implemented in accordance with the provisions contained in this Rider. SAFE Revenues shall be subject to refund based upon a finding and order of the Commission to the extent provided in this Rider. The Company shall calculate its SAFE Revenue Requirements annually in the manner prescribed by this Rider and shall file the appropriate petitions with the Commission seeking to establish or change the SAFE Revenue Requirements and Surcharge. The annual filings shall include the following: 1. An annual final true -up filing showing the actual Eligible Replacement costs and actual SAFE Revenues for the most recent 12 -month historical period from January 1 through December 31 that ends prior to the annual petition filing. As part of this filing, the Company shall include a summary comparison of the actual Eligible Replacement costs and SAFE Revenues to the estimated total Eligible Replacement costs and SAFE Revenues previously reported for the same period covered by the filing in paragraph (2) of this section. The filing shall also include the final over- or under - recovery of total SAFE Revenue Requirements for the final true -up period. 2. An annual estimated/actual true -up filing showing seven months actual and five months projected Eligible Replacement costs and any SAFE Revenues collected or projected to be collected during the estimated/actual true -up period. The filing shall also include the estimated/actual over- or under -recovery of total Eligible Replacement costs for the estimated/actual true -up period. 3. An annual projection filing showing 12 months projected SAFE Revenue Requirements for the period beginning January 1 following the annual filing hearing. 4. An annual petition setting forth proposed SAFE Revenue Requirements and Surcharges to be effective for the 12 -month period beginning January 1 following the annual hearing. Such proposed SAFE Revenue Requirements and Surcharges shall take into account the data filed pursuant to paragraphs (1), (2), and (3) of this section. The Company shall establish separate accounts or subaccounts for each Eligible Replacement for purposes of recording the costs incurred for each project. The Company shall also establish a separate account or subaccount for any revenues derived from SAFE Surcharges. Issued by: Carolyn Bermudez Effective: Vice President, Florida City Gas Florida City Gas FPSC Natural Gas Tariff Volume No. 9 Original Sheet No. 81 RIDER "D" SAFETY, ACCESS AND FACILITY ENHANCEMENT (SAFE) PROGRAM (Continued) Calculation of the SAFE Revenue Requirements and SAFE Surcharges In determining the SAFE Revenue Requirements, the Commission shall consider only (a) the net original cost of Eligible Replacements (i.e., the original cost); (b) the applicable depreciation rates as determined and approved by the Commission based on the Company's most recent depreciation study; (c) the accumulated depreciation associated with the Eligible Replacements; (d) the current state and federal income and ad valorem taxes; and (e) the Company's weighted average cost of capital as calculated in the Company's most recent year-end surveillance report. The SAFE Revenue Requirements shall be calculated as follows: Line Description Value Source 1 Revenue Expansion Factor 1.6329 As calculated in most recent base rate roceedin , using current tax rates 2 Ad Valorem Tax Rate % Effective Property Tax Rate for most recent 12 Months ended December 31 3 Mains $ Eligible Replacement Mains 4 Services $ Eligible Replacement Services 5 Regulators $ Eligible Replacement Regulators 6 Other $ Eligible Replacement Other 7 Gross Plant $ L3+L4+L5+L6 8 Accumulated Depreciation $ Previous Period Balance +L13 9 Construction Work In Progress $ Non-interest Bearing 10 Net Book Value $ L7-L8+L9 11 Average Net Book Value $ 1-10 + Balance From Previous Period /2 12 Return on Average Net Book Value $ L 11 X Company's weighted average cost of capital as calculated in the Company's most recent ear -end surveillance report 13 Depreciation Expense $ Lines 3,4,5 & 6 X applicable approved Depreciation Rates 14 Property Tax $ L7 -L8 X L 2 15 Customer and general public notification and other applicable expense $ O&M expense incurred as a result of eligible plant replacement 16 SAFE Revenue Requirement $ L12+L13+L14+L15 X L 1 Issued by: Carolyn Bermudez Effective: Vice President, Florida City Gas FLORIDA CITY GAS FPSC NATURAL GAS TARIFF VOLUME NO. 99 Effective with meter readings on and after nim he.- . 20004 SAFE Fan -tens ,,end Revosed Sheet No. 71 August 1, 2018 Florida City Gas FPSC Natural Gas Tariff Volume No. 99 TABLE OF CONTENTS TABLE OF CONTENTS INDEX TO RATE SCHEDULES AND RIDERS DESCRIPTION OF TERRITORY SERVED MAP OF TERRITORY SERVED LIST OF COMMUNITIES SERVED TECHNICAL TERMS AND ABBREVIATIONS RULES AND REGULATIONS: 1. GENERAL 2. DEPOSITS TO GUARANTEE PAYMENT OF BILLS 3. METERING 4. PIPING AND APPLIANCES 5. GAS LEAKS I Sheet No. 1 6. CONNECT CHARGE 7. RECONNECTION CHARGE 8. FAILED TRIP CHARGE 99. LATE PAYMENT CHARGE 10. RETURNED CHECK CHARGE .911. OTHER CHARGES 12. TEMPORARY DISCONNECTION OF SERVICE 4-913 RIGHT TO SUSPEND OR DISCONTINUE SERVICE TO A CUSTOMER 44-14 EXTENSION OF FACILITIES 42-15 TRANSPORTATION - SPECIAL CONDITIONS 4316 FORCE MAJEURE Sheet No. 1 2 3 4 5 7 :3 12 4-213 4-213 13 13 13 13 4-314 14 4-314 4-617 4.920 2-924 P. `t-1 0 q 4417 GAS CURTAILMENT PLAN 4518 UNAUTHORIZED GAS USE m- 2425 2425 46- EQUIPMENT FINAISIGIIS� 241 - Issued by: gwaamme SithepAiGGdCarolyn Bermudez Effective: , 2994 Nice President, Se -therm 9peFat+sasFlorida City Gas Florida City Gas FPSC Natural Gas Tariff Volume No. 49 SeG9Rd-Revis 14Oriainal Sheet No. 1A TABLE OF CONTENTS Sheet No. RULES AND REGULATIONS (Continued) 19. EQUIPMENT FINANCING 26 20. TAXES AND OTHER ADJUSTMENTS 26 4821. BUDGET BILLING PLAN 2226 4922. LIMITS OF COMPANY RESPONSIBILITIES 2-2A27 2823. LIMITATION OF DAMAGES 2-2A28 2424. ACCESS TO PREMISES 24928 Q25. EXCESS FLOW VALVES 22-928 Issued by: Carolyn Bermudez Effective: JuRe 5, 2947 Vice President, gewtheFR QpeFatiGRsFlorida City Gas Florida City Gas FPSC Natural Gas Tariff Volume No. 39 RATE SCHEDULES: Third —Revis ad incl Sheet No. 2 INDEX TO RATE SCHEDULES AND RIDERS Residential Service ("RS") Rates: Therms per Year Sheet No. RS -1 0-99 29 RS -100 100-599 30 RS -600 600+ 31 General Service ("GS") Rates: 4546 RSG Therms per Year 15.147 6S -I 8-- .23 QR I98 100 219 2.5 6R PP8 220 —599 2-7 65-688 €99--a,4 99 24 GS -1-2-k -1-,-2A8--0= 5,999 3432 GS -6K 6,000 _ 24,999 3434 GS -25K 25,000 - 59— 119,999 3536 G9 681 7 -GS 37 - GS -1 20K -120K 120,000 11,,249,999 3438 GS -1 250K 1 250,000 --7249— 10,999,999 4440 GS- 1,25011,000,000 — 24,999,999 4342 1,25 11M 25.000,000+ 44 GS -25M Others: GL Gas Lighting Service 4546 RSG Residential Standby Generator Service 15.147 CSG Commercial Standby Generator Service — 45.248 NGV -1 Natural Gas Vehicle Service -I 464.9 NGV -II Natural Gas Vehicle Service -II —44.450 F-6-9 Flexable Gar, Sepiir.e 47- KDS Contract Demand Service 4954 LES Load Enhancement Service 5 IA57 TPS Third Party Supplier 52-60 P' 'q- I- LI TSS Transportation Supply Service 6868 OSS Off -System Sales Service 6270 EDGS Economic Development Gas Service 72 RIDERS: A Purchased Gas Adjustment ("PGA') 6475 B Energy Conservation Cost Recovery Adjustment ("ECCR") 6676 C Competitive Rate Adjustment ("CRA") 6677 D Safety, Access and Facility Enhancement (SAFE) Program 78 " " GO Issued by: jerse KilliRgsCarolyn Bermudez Effective: August 13 �n1d�Ei Vice President, Florida City Gas Florida City Gas FPSC Natural Gas Tariff Volume No. 69 Original Sheet No. 2A3 P-4-113 FLORIDA CITY GAS NATURAL GAS TARIFF ORIGINAL VOLUME NO. 99 AS FILED WITH THE FLORIDA PUBLIC SERVICE COMMISSION Territory Served Miami -Dade, Broward, St. Lucie, Indian River, Brevard, Palm Beach, Hendry, Lee, Glades, Charlotte, Collier, and Martin Counties, Florida; other than those areas presently served by other natural gas companies. (See map on following page) Issued by: Carolyn Bermudez Effective: D8G8Fnl@eF 7, 2904 -Vice President, Southern 8pefatiesFlorida City Gas N -i4 a P4.116 Florida City Gas FPSC Natural Gas Tariff Volume No. ,99 Florida City Gas Issued by: Carolyn Bermudez Effective: Vice President, Florida City Gas nal Sheet No. Atlantic Ocean Florida City Gas LIST OF COMMUNITIES SERVED Municipalities Brevard County: *Cape Canaveral *Cocoa *Cocoa Beach Indialantic *Indian Harbour Beach Malabar *Melbourne Melbourne Beach Melbourne Village Mims *Palm Bay Palm Shores *Rockledge *Satellite Beach *Titusville *West Melbourne Miami -Dade County: *Coral Gables Cutler Ridge Doral Florida City *Hialeah *Hialeah Gardens *Homestead *Medley *Miami (West�' ) Miami Lakes *Miami Springs *Miami North (Breezeswept only) *North Miami Beach (Skylake only) *Opa Locka Palmetto Bay *South Miami *Sweetwater *Village of Pinecrest *Virginia Gardens *West Miami *Franchise held by Florida City Gas No. 5 Unincorporated Communities Merritt Island Whispering Hills Carol City Cutler Ridge Howard Norland Palm Springs Pennsuco Perrine Westchester Issued by: Carolyn Bermudez Effective: DeGembeF 7, 2904 Sr—.Vice President, Seu#erF Operat+ensFlorida City Gas Florida City Gas FPSC Natural Gas Tariff Volume No.,99 Original Sheet No. 6 LIST OF COMMUNITIES SERVED (Continued) Unincorporated Municipalities Communities Broward County: Hallandale Lake Forest Hollywood Miami Gardens *Miramar Parkland Pembroke Park West Hollywood Pembroke Pines West Park Hendry County —*-L-abelleClewiston Indian River County: Fellsmere Indian River Shores Orchid Sebastian *Vero Beach Palm Beach County: ---!-*Belle Glade Pahokee Royal Palm Beach South Bay West Palm Beach St. Lucie County: *Port St. Lucie Charlotte County Collier County Glades County Lee County Ft. MyeFs S#eyes Martin County *Franchise held by Florida City Gas Issued by: SUZaRR8 SitheFWGGdCarolyn Bermudez Effective: 2994 &-Vice President, gewtheffl 9peFa Florida City Gas PA -1 iq Florida City Gas FPSC Natural Gas Tariff �,14 )9() TECHNICAL TERMS AND ABBREVIATIONS Alternate Fuel A fuel which provides an equivalent amount of energy computed on a "BTU" basis. It is noY limited to any specified source of energy. Alternate fuel may include natural gas and, in the Company's opinion, any viable economic alternatives. British Thermal Unit (BTU) The quantity of heat required to raise the temperature of one pound of water one degree Fahrenheit at or near 39.2 degrees Fahrenheit. Commission or PSC Unless otherwise indicated means the Florida Public Service Commission. Company Florida City Gas ("City Gas"). Customer A person or entity who takes service from the Company under a Rate Schedule. Essential Use Consistent with "Priority 1 Use" as defined in Florida Gas Transmission's tariff. Margin Revenue Revenue derived from applying undiscounted rates from billing Customer Charges, Demand Charges and Distribution Charges to a Customer. Non -Residential Customers Those Customers who are not Residential. Residential Customers All those Customers using gas service for domestic purposes, for use in single family dwellings, in separately metered housing units, or for use in commonly owned areas of condominium associations, cooperative apartments, and homeowner associations for non commercial uses. Sales Service or Sales Customer Customers receiving gas supply from the Company. Therm A unit of heating energy equivalent to one hundred thousand (100,000) British thermal units. Transportation Service or Transportation Customer Customers receiving gas supply from a Third Party Supplier. Issued by: Suzanne 5ithPP4,AAdCarolvn Bermudez Effective: DesembefT2004 &-Vice President, Seathem GpeFations Florida City Gas P. 4 -►;,,-i Florida City Gas FPSC Natural Gas Tariff Volume No. 9 Original Sheet No. 8 RULES AND REGULATIONS 1. GENERAL These Rules and Regulations of the Company shall supplement the Rules and Regulations of the Florida Public Service Commission governing service by gas public utilities. Where contradiction is developed as between interpretation of the Company's Rules and Regulations and the Commission's Rules and Regulations, the latter shall be deemed to override the former. The Company shall furnish service to applicants under the filed rates and in accordance with these Rules and Regulations. 2. DEPOSITS TO GUARANTEE PAYMENT OF BILLS The Gempa iRitial depesit ef twe times the estimated MGRthly bill plus an For an existing account or premise, the Company requires an initial deposit of two (2) times the actual average monthly bill calculated by adding the monthly charges from the 12 -month period immediately before the date any change in the deposit is sought, dividing this total by 12, and multiplvinq the result by 2 If the account or premise has less than 12 months of actual charges, the deposit shall be calculated by adding the available monthly charges, dividing this total by the number of months available and multiplying the result by 2 For a new service or premise request, the total deposit may not exceed two (2) months of projected charges, calculated by adding the 12 months of proiected charges dividing this total by 12 and multiplying the result by 2. Once the new Customer has had continuous service for a 12 -month period, the amount of the deposit shall be recalculated using actual data Any difference between the proiected and actual amounts must be resolved by the Customer paving any additional amount that may be billed by the utility or the utility returning any overcharge Credit in lieu of a cash deposit may be deemed satisfactorily established if the applicant for service furnishes a satisfactory guarantor, an irrevocable letter of credit from a bank, or a satisfactory surety bond to secure payment of bills. Interest will be paid by the Company on Customer deposits at the rate of 2 percent per annum. The Company will pay interest on ser#a+a-g iag-Non-Residential Customer deposits at the rate of 3 percent per annum. ° in4hGse cases where the Customer has established a satisfactory payment record and has had continuous service for a period of 23 months Eas consistent with PSC Rule 25-7.083(6#.). The Company has the option of refunding deposits after 23 months. The amount of such interest due any Customer shall be credited to the Customer's bill at least annually or upon termination of service, provided the account has been active for at least six months and the deposit has been held for at least that period. The Company may charge, upon written notice of not less than 30 days such notice being separate and apart from any bill for service a new deposit where previously waived or returned, or an additional deposit, in order to secure payment of current bills When service is terminated, any balance of the amount deposited and interest accrued will be returned to the Customer; or the deposit may be returned at any time previous thereto at the option of the Company. P,- la3 Issued by: Carolyn Bermudez Effective: Vice President, Florida City Gas Florida Citv Gas FPSC Natural Gas Tariff F RULES AND REGULATIONS (Continued 2. DEPOSITS TO GUARANTEE PAYMENT OF BILLS (CONTINUED Residential deposits will be returned after the Customer has had continuous service for a period of 23 months and has not in the preceding 12 months made more than one late payment of a bill, paid with a check refused by a bank, been disconnected for non-payment, tampered with the gas meter, or used service in a fraudulent or unauthorized manner. In each case where a refund is made the amount of the deposit and interest will be applied against any amount owed by the Customer and the balance refunded. At the option of the Customer, the deposit will be refunded in full after payment of the final bill. All Commission Rules and Regulations pertaining to Customer deposits (PSC Rule 25- 7.083) are incorporated herein by reference and those Commission Rules govern in the event of conflict with Company Rules herein. P 4, Ua Velume-49-4 DI II CQ KIM MCh1 3. METERING The Customer shall provide a suitable location satisfactory to the Company for its metering equipment. This location shall be convenient and accessible at all times to the Company for its meter readers and other agents. This location shall conform with all local, State and Federal requirement . The representatives of the Company shall be given access to the premises of the Customer at all reasonable times for obtaining meter readings, for shutting off the flow of gas for reasons herein prescribed, for inspection of piping and appliances, and for inspecting, removing, repairing, or protecting from abuse or fraud any of the property of the Company installed on the premises, and particularly for emergency purposes. The Company in its sole discretion may install, at its expense, an Automatic Meter Reading ("AMR") device to monitor a Customer's gas consumption. However, when gas is to be delivered at a pressure in excess of the Company's standard gauge pressure or such equipment is required by the Rate Schedule under which the Customer will receive service, the Company shall determine any necessary equipment inclusive of compensating and AMR devices, including devices capable of providing daily readings, to be installed at the Customer's expense. If an AMR device is requested by the Customer, the AMR device and any necessary appurtenances shall be installed at the Customer's expense if the installation is deemed feasible by the Company. When such devices require attachment to telephone and/or electric utilities, the Customer shall provide and pay for suitable connections unless the Company elects to make such connections. Customer shall not tamper with or remove meters or other equipment or permit access thereto, except by authorized employees or agents of Company. All equipment furnished by the Company shall remain its property and may be replaced whenever deemed necessary by the Company or as required by the Commission and may be removed by the Company at any time after discontinuance of service. Payments made by the Customer shall not give the Customer ownership of the equipment. Issued by: Carolyn Bermudez Effective: Vice President, Florida City Gas Florida City Gas FPSC Natural Gas Tariff Volume No. 9 Original Sheet No. 10 RULES AND REGULATIONS (Continued) 3. METERING (Continued) The Customer shall be liable to the Company for damage to or loss of meters, connections, or other Company property on their premises due to negligence or carelessness on the part of the Customer, members of their household, their agents, or employees The gas supplied to any Customer shall be measured at the pressure existing at the meter. Gas supplied at other than the standard delivery pressure of the Company will be corrected to effect meter readings at the standard delivery pressure. P,4 -i In the event of stoppage or failure of a meter to register the utilitv shall bill the Custome on an estimate of the gas used fora period not to exceed 12 months based on the Customer's past consumption. In the case of unauthorized or fraudulent use or meter tampering the utility shall bill the Customer on an estimate of the gas used based on the Customer's past consumption or gas equipment at premised whichever is greater. The Company will select the type and make of metering equipment and may, from time to time, change or alter such equipment. It shall be the obligation of the Company to supply meters that will accurately and adequately furnish records for billing purposes Bills will be based upon registration of Company meters only. With the exception of the following, the gas supplied to any Customer, under any of the Company's Rate Schedules, shall not be re -metered or sub -metered for sale either directly or indirectly. Under no conditions will service be rendered under any agreement whereby the Customer or their tenants resell the gas either within or without their premises, nor under conditions by which gas is transmitted outside the premises under contract. A. Residential Meter Reading All Residential Customers shall be included in one of the Company's regularly scheduled meter reading cycles with each cycle being read every ^+heF menth month through automated meter reading (AMR) devices. The AMR technology allows the Company to read meters remotely: however, if a read is not obtained the Customer's meter readings will be noted as estimated until the Company obtains an actual meter reading. Issued by: Carolyn Bermudez Effective: Vice President, Florida City Gas (--,. 4-1-2-1 `2-'I Volume No. 9 Original Sheet No. 11 RULES AND REGULATIONS (Continued) 3. METERING (Continued) B. Meter Reading Estimates Where the Company does not, for any reason, read the meter, the Company may estimate the amount of gas supplied based upon past usage, seasonal conditions, and other available information and submit a bill determined on that basis. Such a bill shall be marked as an estimated bill. Adjustment of Customer's estimated usage to actual usage shall be made when an actual reading is next obtained. C. PSC Rule 25-7.071 Measuring Customer Service PSC Rule 25-7.071 is included herein: (1) All gas sold to Customers shall be measured by commercially acceptable measuring devices owned and maintained by the utility, except where it is impractical to meter loads, such as street lighting, temporary or special installations, in which case the consumption may be calculated, or billed on a rate or as provided in the utility's filed tariff. (2)(a) Individual gas metering by the utility shall be required for each separate occupancy unit of new commercial establishments, Residential buildings, condominiums, cooperatives, marinas, and trailer, mobile home and recreational vehicle parks for which construction is commenced after January 1, 1987. This requirement shall apply whether or not the facility is engaged in a time-sharing plan. Individual meters shall not, however, be required: P. 4-129 i. In those portions of a commercial establishment where the floor space dimensions or physical configuration of the units are subject to alteration, as evidenced by non-structural element partition walls, unless the utility determines that adequate provisions can be made to modify the metering to accurately reflect such alterations; H. For gas used in central heating, central water heating ventilating and air conditioning systems, or gas back up service to storage heating and cooling systems: iii. For gas used in specialized -use housing accommodations such as hospitals, nursing homes, living facilities located on the same premises as, and operated in conjunction with, a nursing home or other health care facility providing at least the same level and types of services as a nursing home, convalescent homes, facilities certificated under Chapter 651, Florida Statutes, college dormitories, convents, sorority houses, fraternity houses, motels, hotels, and similar facilities. For separate, specially -designated areas for overnight occupancy at trailer, mobile home and recreation vehicle parks where permanent residency is not established and for marinas where living aboard is prohibited by ordinance, deed restriction, or other permanent means; iaaucu uv: uaroiyn bermuaez Effective: Vice President, Florida City Gas Florida City Gas FPSC Natural Gas Tariff Volume No_ 9 3. METERING (Continued) iv. In such multiple occupancy units which would require the provision of individual gas service above the second story, unless specifically requested. (2)(b) For purposes of this Rule: i. "Occupancy unit" means that portion of any commercial establishment, single and multi -unit Residential building, or trailer, mobile home or recreational vehicle park, or marina which is set apart from the rest of such facility by clearly determinable boundaries as described in the rental, lease or ownership agreement for such unit. ii. "Time-sharing plan" means any arrangement, plan, scheme, or similar device, whether by membership, agreement, tenancy in common, sale, lease, deed, rental agreement, license, or right -to -use agreement or by any other means, whereby a purchaser, in exchange for consideration, receives a right to use accommodations or facilities, or both, for a specific period of time less than a full year during any given year, but not necessarily for consecutive years, and which extends fora period of more than three years. SF. VI ;e PFesideRt, Seuthe.R4-gpefatk�qs P,, 4-s,o iii. The construction of a new commercial establishment, Residential building, marina, or trailer, mobile home or recreational vehicle park shall be deemed to commence on the date when the building structure permit is issued. iv: The individual metering requirement is waived for any time-sharing facility for which construction was commenced before January 1, 1987 in which separate occupancy units were not metered in accordance with subsection (2)(a). (3) Where individual metering is not required under Subsection (2)(a)iii and master metering is used in lieu thereof, sub -metering may be used by the Customer of record/owner of such facility solely for the purpose of allocating the cost of the gas billed by the utility. The term "cost" as used herein represents only those charges specifically authorized by the gas utility's tariff, including but not limited to the Customer, energy, purchased gas adjustment, and conservation charges made by the gas utility plus applicable taxes and fees to the Customer of record responsible for the master meter payments. The term cannot be construed to include late payment charges, returned check charges, the cost of the distribution system behind the master meter, the cost for billing, and other such costs. 4. PIPING AND APPLIANCES The piping, fixtures, and appliances for which the Customer is responsible shall be maintained in conformity with all Local, State and Federal requirements and with the-Fu4w,444e Issued by: Carolyn Bermudez Effective: Vice President. Florida Citv Gas Florida City Gas FPSC Natural Gas Tariff Volume No. 9 Ori inal Sheet No. 13 RULES AND REGULATIONS (Continued) 5. GAS LEAKS The Customer shall give immediate notice to the Company of leakage of gas. No deduction on account of leakage shall be required to be made from Customer's bills unless such leakage occurs as the result of fault or neglect of agents of the Company. In case of leakage or fire, the stopcock at the meter should be closed without delay and no light or flame used in the vicinity of the leak. P. q-13! g, CONNECT CHARGE A charge of $5880.00 for Residential service or $440150.00 for Non -Residential service will be made on the Customer's next bill when gas service is initiated, connected or turned -on. 5f service is erformed at Customer request, outside of normal business hours the charges shall be 100.00 for Residential service or 200.00 for Non -Residential service. 7. RECONNECTION CHARGE A charge of $0.00 for Residential service or $80.00 for Non -Residential service will be made on the Customer's next bill when gas service is reconnected after disconnection for non-payment of bills. If service is erformed at Customer request,., outside of normal business hours the char es shall be 50.00 for Residential service or $100.00 for Non -Residential service. �8. FAILED TRIP CHARGE A char e of 20 for Residential and Non -Residential service will be made on the x:11 ... L , +ho r _, ictnmPr fails to keep a scheduled appointment with the Company's employPP agent or representative. g. LATE PAYMENT CHARGE A bill shall be considered past due upon the expiration of twenty (20) days from the date of mailing or other delivery thereof by Company. The balance of all past due charges for services rendered are subject to a Late Payment to the accounts of federal, ndelocal except that the Late Payment Charge app governmental entities, agencies and instrumentalities shall be at a rate no greater than allowed, and in a manner permitted by applicable law. 10. RETURNED CHECKS of the dishonored instrument whichever is area er. Carolyn Bermudez Ettective: Vice President Florida City Gas Florida Citv Gas FPSC Natural Gas Tariff 8 RULES AND REGULATIONS (Continued) 11. OTHER CHARGES The following charges relating to Customer accounts will apply: Change of account $2825.00 Bill collection in lieu of disconnection $.2825.00 RAW R � -Iz3 12 Temporary Disconnection of Service — Customer Request A charge i M4e*eF of 35.00 for Residential and Non -Residential service will be made on the Customer's next bill when the Customer reclues a Tem ora Disconnection of $25.OQ OF performed, at Service. If service is Customer request, outside of normal business hours the charges shall be $45.00 for Residential and Non -Residential service. 13. RIGHT TO SUSPEND OR DISCONTINUE SERVICE TO A CUSTOMER The Company may temporarily shut off the supply of gas to the Customer's premises after reasonable notice for the purpose of making necessary repairs or adjustments to mains or supply pipes, and reserves the right to shut off the supply of gas without notice in case of emergency. In addition the PSC Rule 25-7.089, Refusal or Discontinuance of Service by Utility, as follows, shall apply: (1) Until adequate facilities can be provided a utility may refuse to serve an applicant to if, in the best judgment of the utility, it does not have adequate facilities or supply g as render the service applied for, or if the service is of a character that is likely to affect unfavorably service to other Customer. (2) If the utility refuses service for any reason specified in this subsection, the utility shall notify the applicant for service 'as soon as practicable, pursuant to subsection (5), of the reason for refusal of service. If the utility will discontinue service, the utility shall notify the Customer at least 5 working days prior to discontinuance that service will cease unless the deficiency is corrected in compliance with the utility's regulations, resolved through mutual agreement, or successfully disputed by the Customer. The 5 -day notice provision does not apply to paragraphs (h), (i) or (j). In all instances involving refusal or discontinuance of service the utility shall advise in its notice that persons dissatisfied with the utility's decision to refuse or thep ieZ;i ii 7 7nn/i P,4-1?J - \/nlin++n I�In S2 If -U -r TQ discontinue service may register their complaint with the utility's whi h s a toll free number. As relations personnel and to the Florida Public Service Commission at 1-800-342-3552 applicable, each utility may refuse or discontinue service under the following conditions: Issued bv: Carolyn Bermudez Effective: Vice President Florida City Gas R L4-1'5 6 Florida City Gas FPSC Natural Gas Tariff RULES AND REGULATIONSContinued 13 RIGHT TO SUSPEND OR DISCONTINUE SERVICE TOA CUSTOMER Continued (a) For non-compliance with or violation of any State or municipal law or regulation governing gas service. (b) For failure or refusal of the Customer to correct any deficiencies or defects in his piping or appliances which are reported to him by the utility. (c) For the use of gas for any other property or purpose than that described in the application. (d) For failure or refusal to provide adequate space for the meter and service equipment of the utility. (e) For failure or refusal to provide the utility with a deposit to insure payment of bills in accordance with the utility's regulations provided that written notice, separate and apart from any bill for service, be given the Customer. (f) For neglect or refusal to provide reasonable access to the utility for the purpose he utility reading dearthat written notice, separate s or inspection and and apart from nance of uany bill for service,ipment owned tbe utility prove given the Customer. (g) For non-payment of bills or noncompliance with the utility's rules and regulations, and only after there has been a diligent attempt to have the Customer comply, including 5 working days' written notice to the Customer, such notice being separate and apart from any bill for service. For purposes of this subsection, "working day" means any day on which the utility's business office is open and the U.S. Mail is delivered. Upon request of the Customer, the utility shall give a copy of the notice of discontinuance to a designated third party in the service area ment othe f utility. utility d dishonored check service refuse for charge imposed by the utility. non-payment (h) Without notice in the event of a condition known to the utility to be hazardous. (i) Without notice in the event of tampering with regulators, valves, meters or other facilities furnished and owned by the utility. (j) Without notice in the event of unauthorized or fraudulent use of service. Whenever service is discontinued for fraudulent use of service, the utility, before restoring service, may require the Customer to make at his own expense all changes in piping or equipment necessary to eliminate illegal use and to pay an amount reasonably estimated as the deficiency in revenue resulting from such fraudulent use. Issued by: dCarolyn Bermudez Effective: be 7, -Vice President, gout4em �FlOrlda City Gas Florida City Gas FPSC Natural Gas Tariff Vnli ima Mn '%P Sheet No. 45 RULES AND REGULATIONS (Continued) 4413. RIGHT TO SUSPEND OR DISCONTINUE SERVICE TO A CUSTOMER (Continued) (3) Service shall be restored when cause for discontinuance has been satisfactorily adjusted. (4) When service has been discontinued for proper cause, the utility may charge a reasonable fee to defray cost of restoring service provided such charge is set out in its approved tariff on file with the Commission. (5) In case of refusal to establish service, or whenever service is discontinued, the utility shall notify the applicant or Customer in writing of the reason for such refusal or discontinuance. f6(6) If the Company has reasonable evidence that there is or may be a danger from the Customer or any occupant and/or invitee of the Customer's Premises to Companv ersonnel oragent s who mi ht be called to said Premises in the course of their duties with the Companv including but not limited to any direct or implied threats against the Company or its personnel or agents from said Customer or occupant and/or invitee. i7) The following shall not constitute sufficient cause for refusal or discontinuance of service to an applicant or Customer. (a) Delinquency in payment for service by a previous occupant of the premises unless the current applicant or Customer occupied the premises at the time the delinquency occurred and the previous Customer continues to occupy the premises and such previous Customer will receive benefit from such service. (b) Failure to pay for appliances purchased from the utility. (c) Failure to pay for a different type of utility service, such as electricity or water. (d) Failure to pay for a different class of service. (e) Failure to pay the bill of another Customer as guarantor thereof. (f) Failure to pay a dishonored check service charge imposed by the utility. (78) No utility shall discontinue service to any noncommercial Customer between 12:00 noon on a Friday and 8:00 a.m. the following Monday or between 12:00 noon on the day preceding a holiday and 8:00 a.m. the next working day unless such discontinuance is at the request of the Customer or is necessary in the interest of safety. Holiday as used in this subsection shall mean New Years Day, Memorial Day, July 4, Labor Day, Thanksgiving Day, and Christmas Day. (59) Each utility shall submit, as a tariff item, a procedure for discontinuance of service when that service is medically essential. I Issued bv: Carolyn Bermudez Effective: Vice President, Florida City Gas P, 4-(31 Florida Citv Gas FPSC Natural Gas Tariff RULES AND REGULATIONS (Continued) 13 RIGHT TO SUSPEND OR DISCONTINUE SERVICE TO A CUSTOMER (Continued) Failure of Company to exercise its rights to suspend,. curtail or discontinue service, for any of the above reasons, shall not be deemed a waiver thereof. P, L4,13 � Rill Cc AAIn 44 When service has been discontinued for an of the reasons set forth in the Tariff the Companv shall not be required to restore service until the Customer has paid the applicable charges to the Company required for service restoration. 14. EXTENSION OF FACILITIES A. Free Extensions of Mains and Services: The maximum capital investment required to be made by the Company for main and service facilities without cost to the Customer shall be defined as the Maximum Allowable Construction Cost ("MACC"). The MACC shall equal six times the annual Margin Revenues estimated to be derived from the facilities. However, Customers initially served under the Residential Standby Generator Service ("RSG') and Commercial Standby Generator Service ("CSG') Rate Schedules shall not be eligible for extension allowances, even if additional load is added at a later date, but such Customers may be eligible to receive refunds of amounts paid to the Company for extensions under B.(2) below. B. Extensions of Mains and Services Above Free Limit: When the cost of the extension required to provide service is greater than the free limit specified above, the Company may require a non-interest bearing advance in Aid to Construction ("ATC') equal to the cost in excess of such free limit provided that: (1) At the end of the first year following construction, the Company shall refund to the person paying the ATC or their assigns an amount equal to the excess, if any, of the MACC as recalculated using actual gas revenues, less the actual cost of gas, over the estimated MACC used to determine the amount of the ATC. (2) For each additional Customer taking service at any point on the extension within a period of five (5) years from date of construction, the Company shall refund to the person paying the ATC or their assigns an amount by which the MACC for the new Customer exceeds the cost of connecting the Customer, provided that an additional main extension shall have not been necessary to serve the additional Customer. (3) The aggregate refund to any Customer made through the provisions of (a) and (b) above shall at no time exceed the original ATC of such Customer. (4) The extension shall at all times be the property of the Company and any un - refunded portion of the ATC at the end of five (5) years shall be credited to the plant account of the Company. (5) The Company may require a commitment by a Customer to take or pay for a minimum volume of gas as deemed appropriate by the Company given the circumstances of facility cost and/or the service requirements of a particular Customer. In no instance will the minimum volume or the Customer, itment be set norr will tha level e volume commitment at exceeds the rterm exceed sie amount x(6) to calculate th years. Issued by: Carolyn Bermudez 1 Effective: °—T 4 204-7 Vice President, Sa4them gp9Fat4easFlorida City Gas Florida City Gas FPSC Natural Gas Tariff RULES AND REGULATIONS (Continued) P, 4-140 44-14. EXTENSION OF FACILITIES (Continued) C. Area Extension Program Charge: Notwithstanding the provisions of Sections A and B when facilities are to be extended to serve single or multiple delivery points in a discrete geographic area, the Company may require an Area Extension Program Charge ("AEP"). The Company, in its sole discretion, may require this charge when: (1) The cost of the project facilities required to provide service through the area is greater than the aggregate MACC for the Customers to be served; and (2) The Company reasonably forecasts Margin Revenues plus the AEP during the period ending ten years from when the mains required to serve the project facilities are . placed in service (the Amortization Period), that are sufficient to recover the cost of the project facilities. The AEP, which shall be stated on a per therm basis, shall apply with respect to all natural gas sold or transported to Company Customers located within the applicable discrete geographic area during the Amortization Period. The AEP will be calculated by dividing (1) the amount of additional revenue required in excess of the Company's applicable tariff rates by (2) the volume of gas reasonably forecast to be sold or transported to Customers within the applicable discrete geographic area during the Amortization Period. The additional revenue required is that amount determined necessary to recover the excess cost of the facilities, including the Company's allowed cost of capital. AEP collected shall be used specifically to amortize the cost of the project facilities within the applicable discrete geographic area that are in excess of the MACC. If the AEP collected is sufficient before the expiration of the Amortization Period to fully amortize the excess costs, including provision for the accumulated cost of capital, the AEP for that area shall terminate immediately, and the Company shall promptly credit the affected Customers for amounts over collected, if any. Upon the earlier of (1) the third anniversary of the date when the project facilities are placed in service and (2) the date on which 80% of the originally forecast annual load is connected, the Company will reassess the amount of additional revenue required to recover the unamortized excess cost of the facilities and the calculation of the AEP. Further reassessments shall be performed by the Company following the fifth seventh and ninth anniversary of the date when the project facilities were originally placed in service. The resulting adjustment of the AEP (whether upward or downward) will be applied over the remainder of the Amortization Period. Issued by: Carolyn Bermudez Florida Vice President, City Gas Effective: p4 , ^ 2nsz p4-ILka Florida City Gas FPSC Natural Gas Tariff Volume No. ,&9 RULES AND REGULATIONS (Continued) 14. EXTENSION OF FACILITIES _(Continued) I Sheet No. The Company may enter into a guaranty agreement with the party or parties requesting the extension, whereby that party or parties agree to pay to the Company any unamortized balance remaining at the end of the Amortization Period. The Company's rights under the guaranty agreement will not be considered when calculating the AEP. The length of the Amortization Period may be modified upon the specific approval of the Florida Public Service Commission. D. General The Company will own control and maintain all service pipes, regulators, vents, meters, meter connections, valves and other appurtenances from the main to the outlet side of the meter. The extension of facilities provisions shall not require the Company to extend its mains across private property or in streets that are not at established grade; nor prohibit the Company from making extensions of mains of greater length than required herein. Effective: e nr l ! n �n �z Issued by: Carolyn Bermudez Florida Vice President, City Gas Q 4-14-4- Florida City Gas FPSC Natural Gas Tariff Original Sheet No. 4$20 Volume No .99 X15. TRANSPORTATION - SPECIAL CONDITIONS A. , A Transportation Service Agreement or other means of enrollment accepted by the Company is a condition precedent for Transportation Service under each applicable Rate Schedule, the initial term of which shall be no less than one (1) year and year to year thereafter until terminated by ninety (90) days written notice by either party. B. The usage charges in the Rate Schedules shall be based upon actual or estimated consumption as determined by the Company, not by Third Party Supplier deliveries. C. Nominations and Transportation of Gas The Customer's Third Party Supplier ("TPS") shall nominate on behalf of its Customers the total monthly requirements for that billing month. The TPS is responsible for making arrangements for transporting the gas from its source to the Company's interconnection with the delivering pipeline supplier. The gas transported under this Rate Schedule is not the property of the Company. However, the Company reserves the right to commingle such gas with other supplies. Moreover, the Company reserves the right to utilize Customer's gas, when necessary, in accordance with its Gas Curtailment Plan. D. Indemnification As between Company and Customer, the Customer or its Third Party Supplier warrants that it has clear title to any gas supplies delivered into the Company's system for redelivery to Customer and Customer shall be deemed to be in exclusive control and possession of gas prior to its delivery into the Company's system for redelivery to Customer. Customer agrees to indemnify, defend and hold harmless Company from any and all claims, suits or damage actions arising out of deliveries of gas on behalf of transporting Customer. E. Gas Supply Obligation In the event that Customer's Third Party Supplier fails to deliver gas on behalf of its Customers, the Company may, in its. sole discretion, provide replacement gas supplies. The Company shall have no obligation to provide natural gas supplies to Customers that contract for gas supply from a TPS. In the event that a Customer seeks to purchase natural gas supplies from the Company, such sales may be made by the Company in its sole discretion under such terms and conditions as the Company may require. F. Balancing Receipts and Deliveries Third Party Suppliers will be billed for all their Customers' balancing and other transportation related charges, as set forth in the TPS Rate Schedule, determined by the Company to be billable to a TPS on behalf of their Customers. If there are any unpaid charges the TPS' Customers shall be individually responsible for any portion attributable to their individual action and/or for their prorata share as follows: The Company will first determine individual Customer charges, if any, and second prorate charges based on allocating the Issued by: Carolyn Bermudez Effective: fir- z-�A84 -Vice President, era 8perataesFlorida City Gas R44 +S Florida City Gas FPSC Natural Gas Tariff Volume No. 89 RULES AND REGULATIONS (Continued) X15. TRANSPORTATION - SPECIAL CONDITIONS (Continued) F. Balancing Receipts and Deliveries (Continued) nal Sheet No. amount of TPS gas received, if any, in the following priority; first to the GS classes being served under ADDQ in the order of increasing annual usage, then to NGV, followed by the remaining GS classes in the order of increasing annual usage, then by KDS and lastly to FGS Customers. Each Customer in a Rate Schedule that does not receive gas supply to meet the entire Rate Schedule requirements will receive a prorata charge based on their percentage of gas consumed, as estimated the total of thea Ratehe meter Schedule for theng periincurrence of imbalance charges, t period that charges apply. follows: G. Transportation Interruption and Curtailment Company shall have the right to reduce or completely curtail deliveries to Customer as (1) If, in Company's opinion, Customer will overrun the volume of gas to which it is entitled from its supplier (or overrun the .volume of gas being delivered to Company for Customer's account); or (2) In the event Company is notified by its delivering pipeline pursuant to the Federal Energy Regulatory Commission approved curtailment plans or provision of its tariff to interrupt or curtail deliveries for uses of the same type or category as Customer's use of gas hereunder; or (3) When necessary to maintain the operational reliability of Company's system. Company will endeavor to give as much notice as possible to Customer in the event of interruption or curtailment. Any gas taken in excess of the volume allocated to the Customer in an interruption or curtailment order shall be considered Unauthorized Gas Use H. Facilities Company shall not be obligated to, but may, at its sole discretion on a non-discriminatory basis, construct or acquire new facilities, or expand existing facilities, including facilities necessary to provide measurement of volumes and communication of deliveries, in order to perform service requested under each applicable Rate Schedule. If in Company's reasonable judgment it is necessary to construct or acquire new facilities, or to expand existing facilities, to enable Company to receive or deliver Customer's gas at the Points of Receipt and Delivery requested, and then Company determines in its sole discretion to construct, acquire, or expand such facilities, ities, including electronic Company shall notify Customer of the estimated costs of such facil measurement equipment, shall, subject to the receipt and acceptance of any necessary regulatory approval, be constructed, acquired or expanded by Company in accordance with the terms of the executed Service Agreement. Issued by: Carolyn Bermudez Effective: Sr—Vice President, Southern g�Florida City Gas Florida City Gas FPSC Natural Gas Tariff RULES AND REGULATIONS (Continued) X15. TRANSPORTATION -SPECIAL CONDITIONS (Continued) H. Facilities (Continued) Prior to the initial receipt of service hereunder, unless agreed otherwise, Customer shall reimburse Company in accordance with the terms of the Transportation Service Agreement, for the cost of any facilities which are constructed, acquired, or expanded by Company to receive or deliver Customer's gas. All facilities required to provide service under each applicable Rate Schedule shall be designed, constructed, installed, operated, and owned by Company, unless otherwise agreed to by Company. Company's execution of a Transportation Service Agreement under each applicable Rate Schedule may be conditioned on Customer's agreement to pay the total incremental cost of such facilities as specified herein and in the Service Agreement. I Designated Pools This section designates the Pools that have been adopted for the Company's service territory in order to facilitate the operation of the Company's system. Basic Pools result from the physical characteristics of the Company's system and the location of the delivery points of the interstate pipeline companies. The Com an 's service territor is coin osed of two Prima Pools each of which is composed of one or more Basic Pools: (a) Brevard (b) Miami -Dade J Allocation Assignment of Capacity and Supply Assets This section sets forth the method and provisions by which the Company will allocate, on an equal access nondiscriminatory basis the Company's Interstate Pipeline Capacity to a Third Party Supplier based upon the Average Daily Delivery Quantity ("ADDQ") and Demand Charge Quantity ("DCQ") of the Transportation Customers served by the Third Party-$hipper. The portion of the Company's Interstate Pipeline Capacity not associated with premises served by Third Party Supplier will remain with the Company. The Company will hold the capacity re uired to service its Customers on a Desian Day olus a reserve margin not to be less than 5% The Companv will post on the Electronic Bulletin Board ("EBB") each allocation of the Company's fnr %Agmwinn Univ by such Third Party Shipper is tdistribution system capacitY� releaseswillbe prioritized based upon Customer groups. The P 4 -141 ,ompanv will first release Interstate Pipeline Capacity to service Cycle Read Customers (ADDQ) >ased upon Third Party Supplier market share. Issued bv: Carolyn Bermudez Effective: Vice President Southern Operations Florida City Gas RULES AND REGULATIONS (Continued) 15 TRANSPORTATION SPECIAL CONDITIONS (C)ntinued) The remainin Interstate Ca a,city will then be released to service )aily Zead Customers (DCQ) that are identified as Essential Use based upon Third Party Supplier market share. Any remaining Interstate Pipeline Capacitywill then be released to service Daily Read Customers that are not identified as Essential Usebased upon Third Party Supplier market share. Each month the Company will calculate market share for each Third Party Supplier based upon the sum of the ADDQ and DCQ of � premises servedrbrh n Third cri ThSuogl erybasedluponEheir Company total Interst 'te PipelinePos, all llCapac ty that a Third Party Supplier is allocated for viewing only by such Third Party Shipper. then t for an assigned service will not exceed the rate charged to the Company as of the date of the assignment. Assignments will have a .term of one calendar month and will be made and become effective on the first day of such month. _ Beers Company will when possible provide firm gas delive service fto�Sales�C interstate +Pos ate who were Trans ortation Customers rior to Hu ust _i 20 18. Howe to sufficient • •• rstat- i eline capacity is not available those Customers may not receive firm gas delivery service. All capacity charges associated with release of Interstate Capacity to Third PartySuppliers will be billed directly to the Third Party Supplier by the pipeline company. K Recall of Released Capacity The Company, at its sole discretion has the right to recall Interstate Pipeline Capacity from Third Party Suppliers if: (a) A determination by the Company in a Force Maieure event to recall capacity in order to maintain the operational integrity of the system, b A Third Party Supplier's failure to meet the security requirements of this Tariff or meet its responsibilities as a replacement shipper on the Pipeline, (c) A filing of bankruptcy by a Third Party Suppliers (d) A Third Party Supplier fails to meet system ry deliverequirements; recall would be necessary to comply (e) An order of the State or Federal Commissions where with Commission orders; f .The Com an for an reason determines that recall is necessaryto maintain the operational integrity of the system P,4-1 4-9 Carolyn Bermudez Effective: Vice President Southern Operations Florida City Gas FPSC Natural Gas Tariff Oriqinal Sheet No. 24 Volume No 9 RULES AND REGULATIONS (Continued) 4-315 TRANSPORTATION SPECIAL CONDITIONS (Continued) L Disposition of Recalled Capacity Capacity recalled to the above section shall be re-released as follows: In the case of Interstate Pipeline Capacity is recalled the Company will re-release the recalled Interstate Pipeline Capacity to all Third Party Suppliers promptly. M Limitations on Released Capacity The Interstate Pipeline Capacity being released to Third Party Suppliers under the provisions of this tariff was obtained for the purpose of making as available to Customers in Florida It is being released to Third Party Suppliers for the same purpose Accordingly, in addition to any other limitations on the released capacity that may apply and as a condition for receiving the released capacity, Third Party Suppliers must comply with the following limitations on the use of released capacity. Any agreement to trade assign sell or otherwise re-release the released capacity shall include the right of FCG to recall the capacity under Section K. In the event that a Third Party Shipper sells trades or otherwise transfers all or part of the Third Party Supplier's Customer base to another Third Party Suoplier, it shall also release to the other Third Party Supplier an equal percentage of its released Interstate Pipeline Capacity; Any agreement to trade assign, sell or otherwise re-release the released Interstate feline Capacity shall include the right of Third Party Supplier to recall the capacity if the capacity is necessary to provide service to the Third Partv Suppliers' Customers. 16. FORCE MAJEURE Neither Company, Third Party Supplier, or Customer shall be liable for damages to the other for any act, omission, or circumstance occasioned by or in consequence of any acts of God, strikes, lockouts, acts of the public enemy, wars, blockades, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, storms, floods, unforeseeable or unusual weather conditions, washouts, arrests and restraints of rulers and people, civil disturbances, explosions, breakage or accident to machinery or lines of pipe, or software line freezups, temporary failure of gas supply, temporary failure of firm transportation arrangements or curtailments, the binding order of any court or governmental authority which has been resisted in good faith by a# reasonable legal means, acts of third parties, and any other cause, whether of the kind herein enumerated or otherwise, not within the control of the party claiming suspension and which by the exercise of duereasonable diligence such party is unable to prevent or overcome. Such sausecauses or contingencies affecting the performance by the Company, Third Party Supplier or Customer, however, shall not relieve it of liability in the event of its concurrent Ad Mey negligence P, L4-IL�q I , nor shall such causes or contingencies affecting performance relieve either party from its obligations to make payments of amounts then due hereunder in respect of. gas theretofore delivered. , Issued by: Carolyn Bermudez Effective: Vice President Southern Operations Florida City Gas FPSC Natural Gas Tariff Original Sheet No. 25 Volume No 9 RULES AND REGULATIONS (Continued) 4417. GAS CURTAILMENT PLAN During periods of supply shortages, operational constraints or Force Majeure events the Company may implement the terms of its Gas Curtailment Plan. The purpose of this plan is to preserve the ability to continue to provide essential gas services to the broadest base of Customers given limited gas supply and/or delivery capacity. Any Unauthorized Gas Use will be governed by the terms stated in the Unauthorized Gas Use section of this tariff. If a Customer notifies the Company that they have a medical necessity requiring gas use the Company will endeavor to provide adequate notice of any curtailments. P+16D 4.518. UNAUTHORIZED GAS USE Unauthorized Gas Use includes, but is not limited to, any volume of gas taken by Customer in excess of its Demand Charge Quantity requirement as set forth in its Service Agreement with Company or the quantity of gas allowed by the Company on any day as a result of a curtailment or interruption notice issued by the Company in accordance with its tariff and/or by the Florida Public Service Commission of the State of Florida or any other governmental agency having jurisdiction. A "day" shall be a period of twenty-four (24) consecutive hours, beginning as near as practical to 8 a.m., or as otherwise agreed upon by Customer and Company. The Company reserves the right to physically curtail the gas service to any Customer if, in the Company's sole judgement, such action is necessary to protect the operation of its system. If a Customer uses gas after having been notified that gas is not available or, if applicable, uses gas in excess of the Demand Charge Quantity or requirements as established in the Service Agreement, then Unauthorized Gas Use charges shall apply to those amounts. Furthermore, if a Third Party Supplier (TPS) fails to deliver gas in the quantities and or imbalance ranges specified in the TPS Rate Schedule, then Unauthorized Gas Use charges shall apply to the TPS. All Unauthorized Gas Use charges shall be billed at the higher of $2.50 per therm or a rate equal to ten times the highest price, for each day, for gas delivered to Florida Gas Transmission at St. Helena Parish, as reported in Natural Gas Week plus Florida Gas Transmission Company's transportation cost and fuel, if applicable. However, this rate shall not be lower than the maximum penalty charge for unauthorized daily overruns as provided for in the Federal Energy Regulatory Commission approved gas tariffs of the interstate pipelines which deliver gas into Florida. This charge is in addition to all applicable taxes, charges and assessments of the applicable Rate Schedule. Nothing herein shall be construed to prevent the Company from taking all lawful steps to stop the unauthorized use of gas by Customer, including disconnecting Customers service. Such payment for unauthorized use of gas shall not be deemed as giving Customer or TPS any rights to use such gas. Issued by: Carolyn Bermudez Effective: Vice President Southern Operations Florida City Gas FPSC Natural Gas Tariff RULES AND REGULATIONS (Continued) 4619. EQUIPMENT FINANCING If the Company agrees to provide the necessary natural gas conversion or compression equipment, an agreement as to terms and conditions governing recovery of such conversion costs from the Customer may be entered into and the initial contract term of gas service shall at a minimum be the same as the period of recovery stated in the agreement. Further, the rates established in the monthly rate section may be adjusted to provide for recovery by the Company of the costs incurred, including carrying cost at the Company's overall cost of capital, in providing such natural gas conversion equipment. At such time when the Company has recovered its costs of providing the natural gas conversion equipment the ongoing gas deliveries shall be billed at rates stated in the Customers applicable Rate Schedule. P 4-1 Sol 4720. TAXES AND OTHER ADJUSTMENTS There will be added to all bills rendered all applicable local utility and franchise taxes, State sales taxes and gross receipts tax presently assessed by governmental authority, as well as any future changes or new assessments by any governmental authority subsequent to the date of any Rate Schedule. All such assessments as described above shall be shown on Customer bills. 421. BUDGET BILLING PLAN Available to any Residential Customer as defined under the Technical Terms and Abbreviations of this tariff. A Customer may elect to enroll in the Company's Budget Billing Plan to help stabilize their monthly payments. To qualify for the Budget Billing Plan, a Customer must be a year-round Customer and have no balance owing when beginning the plan. Following a Customer's request to participate in the Budget Billing Plan the Company shall have 45 days in which to determine the Customer's eligibility and process an enrollment to initiate billing under the plan. If a Customer requests the Budget Billing Plan, the initial budgeted payment amount will be based on the average of the previous 12 months usage normalized for weather applied to the then current or Company projected billing rates, and shall include any regulatory fees or taxes applicable to the Customer. If the Customer has not received Gas Service from the Company for the preceding 12 months, the Company will use the best information available to calculate the initial monthly payment amount. The total deferred debit or credit balance will be shown on the Customer's bill. The Company reviews all budget payments and resets them annually on or about August of each year. On such recalculation, one -twelfth of any debit or credit deferred balance will be added to the following year's recalculated budgeted monthly payment amount. However, a Customer may request a payment of a credit balance in which case the recalculated amount will be adjusted to reflect the removal of the credit balance. In addition, the Company also performs a semi-annual review and may adjust the budget payment if it varies by more than $5.00 or 10% whichever is less. Issued by: Carolyn Bermudez Effective: Vice President Southern Operations Florida City Gas FPSC Natural Gas Tariff RULES AND REGULATIONS (Continued) The Company may also recalculate the payment quarterly if it determines that changes in Customer equipment or billing rates warrant. However, the Company may only begin charging such recalculated quarterly amounts on the Customer's next successive bill if the recalculated budgeted payment amount varies by 35% or more from the budgeted payment amount then in effect. Any balances outstanding at the time of a non -annual recalculation shall R 4-163 be included in such recalculation with the objective of achieving a net zero balance at the end of the program year. A Customer's participation in the Budget Billing Plan will be continuous unless the Customer requests that participation in the plan be discontinued, or gas service has been terminated at the premise, or the Customer is delinquent in paying the budgeted payment amount, which may result in shut-off for non-payment and/or removal from the program. If a Customer no longer participates in the plan, the Customer shall pay any deferred debit balances with their next regular monthly bill, with any deferred credit balance being used to reduce the amount due from the next regular monthly bill. Upon termination from the plan, for any reason, any billed outstanding balance not paid by the next due date shall be considered past due and late payment fees shall apply. In addition, prior to plan termination, late payment fees shall apply to past due Budget Billing Plan payment amounts. by: je6se KillingrEffe-G-five- AAaFGh 1 204- ViGe e 4922. LIMITS OF COMPANY RESPONSIBILITIES The Company shall not be liable for any property damage, fatality, or personal injury sustained on the Customer's premise resulting from the Customer's installation of the gas pipe, fittings, appliances, storage tanks, compressors, and apparatus of any type of others on the Customer's premises. The Company will not be responsible for the use, care or handling of gas delivered to the Customer after it passes from the Company's lines on the Customer's side of the point of delivery. The Company shall not be liable to the Customer for naturally occurring or other impurities, regardless of the sources, such as water, sand, black powder, sulfur, butane, or other chemicals or compounds in the Gas delivered to the Customer or their vehicle. Whenever the Company deems an emergency or system operating condition warrants interruption, curtailment or other limitation of the Gas Service being rendered, such interruption, curtailment or other limitation shall not constitute a breach of contract and shall not render the Company liable for damages suffered as a result of such interruption, curtailment or other limitation of Gas Service or excuse the Customer from continuing to fulfill its obligations to the Company. In no event shall the Company be under any obligation to inspect the gas piping or appliances of a Customer. Where the Company has reason to believe the flues, gas piping or appliances do not comply with recognized requirements or code, the Company may refuse to supply gas to the Customer. However, the Company shall have no responsibility whatsoever for determining whether any local code or ordinance or any other government requirement is applicable. No Customer or other person shall, unless authorized by the Company, operate, change or tamper with any of the Company's facilities. Issued by: Carolyn Bermudez Effective. Vice President Southern Operations P.+�-15� Florida City Gas FPSC Natural Gas Tariff 29 Original Sheet No. 28 Volume No. 9 RULES AND REGULATIONS (Continued) 23. LIMITATION OF DAMAGES The Customer shall not be entitled to recover from the Company any consequential, indirect, incidental or special damages, such as loss of use of any property, vehicle, or equipment, loss of profits or income, loss of production, rental expenses for replacement property or equipment, diminution in value of real property, or expenses to restore operation, or loss of goods or products. The Customer shall indemnify, hold harmless, and defend the Company from and against any and all liability, proceedings, suits, cost or expense for loss, damage or injury to person or property, in any manner directly or indirectly connected with or growing out of the transmission and/or use of natural gas by the Customer at or on the Customer's side of the point of delivery or out of the Customer's negligent acts or omissions. N? M77 R = R. - e - - a - - t, M 2.24. ACCESS TO PREMISES The Customer shall grant to the Company without cost to the Company, all rights, easements, permits and privileges which in the Company's opinion are necessary for the rendering of service. The Customer will furnish to the Company, without charge, an acceptable location for the Company's meter and shall give Company employees and representatives access to the Customer's premise so that the Company may operate, inspect and maintain its facilities. Failure to grant access could result in disconnection of service. 2225. Excess Flow Valves Existing single family residential regardless of size, as well as multi -family residences and commercial Customers not using in excess of one -thousand (1,000) standard cubic feet per hour (SCFH) per service, may request the Company to install an excess flow valve (EFV) or equivalent equipment, which appropriate equivalent will be determined in the Company's sole discretion, for the purpose of interrupting the flow of gas. The Customer shall reimburse the Company for the cost associate with installing an EFV (or equivalent equipment) when such installation is performed at the request of the Customer. P 4-15,,5' Issued by: Carolyn Bermudez '` Effective: ^� F 'nj Vice President,Florida City Gas Florida City Gas FPSC Natural Gas Tariff Volume No 99 Original Sheet No. X329 — RESIDENTIAL SERVICE – 1 (RS -11 APPLICABILITY Service is available to Residential Customers using between 0 and 99 therms per year as determined by the Company. CHARACTER OF SERVICE A firm delivery service of natural gas, or its equivalent, delivered by the Company of " with a heating value on the order of 1,100 British Thermal Units per cubic foot. "MONTHLY RATE Customer Chane Distribution Charge, per therm Commodity Charge 12.00 $0.5522 Per Rider "A" P. 4, 16?® *The charges set forth in this Rate Schedule will be adjusted for all other applicable Riders of lawfully h this Tariff and any additional taxes assessments or similar cnaraes that are lawfS u1lly imposed b the Company. MINIMUM BILL The minimum monthly bill shall be the Customer Charoe. TERMS OF PAYMENT Bills are due upon receipt by the Customer and become delinquent if unpaid after expiration of twenty days from date of mailing or other delivery thereof by the Company. SPECIAL CONDITIONS OF SERVICE 1 Application of this rate is subject to the general Rules and Regulations of the Company as they may be in effect from time to time and as flied with the regulatory autr o i ties. be prospective only and shall not be retroactive. Issued bv: Carolyn Bermudez tttective. Vice President Florida City Gas P -15q Florida Citv Gas FPSC Natural Gas Tariff RESIDENTIAL SERVICE - 100 (RS -100) APPLICABILITY Service is available to Residential Customers using between 100 and 599 therms per year as determined by the Company. CHARACTER OF SERVICE A firm delivery service of natural gas or its equivalent delivered by the Company with a heating value on the order of 1,100 British Thermal Units per cubic foot. *MONTHLY RATE Customer Charge $15.00 Distribution Charge, per therm $0.4312 Commodity Charge Per Rider "A" *The charaes set forth in this Rate Schedule will be adjusted for all other applicable Riders of lawfully u .J this Tariff and any additional taxes assessments or similar charges that are imposed bl i the Company. MINIMUM BILL The minimum monthly bill shall be the Customer Charge. TERMS OF PAYMENT Bills are due upon receipt by the Customer and become delinquent if unpaid after expiration of twenty days from date of mailing or other delivery thereof by the _Companv. SPECIAL CONDITIONS OF SERVICE 1 Application of this rate is subject to the general Rules and Reaulatjons of the Company as they maybe in effect from time to time and as filed with the regulatory auu►vi itiCs. be prospective only and shall not be retroactive. Issued by: Carolyn Bermudez Effective: Vice President Florida City Gas P 4- (51� Florida City Gas FPSC Naturae Gas Tariff Original Sheet No. 31 Volume No 9 RESIDENTIAL SERVICE - 600 (RS -600) APPLICABILITY Service is available to Residential Customers using 600 or more therms per year as determined by the Company. CHARACTER OF SERVICE A firm delivery service of natural qas or its equivalent delivered by the Company with a heating value on the order of 1,100 British Thermal Units per cubic foot. v ppoing, Customer Charge 2� 0_00 Distribution Charge, per therm $0.3756 Commoditv Charge Per Rider "A" *The charges set forth in this Rate Schedule will be adjusted for all other applicable Riders of this Tariff and any additional taxes assessments or similar charges that are lawfully imposed by the ompanv. MINIMUM BILL The minimum monthly bill shall be the Customer Charge__ TERMS OF PAYMENT Bills are due upon receipt by the Customer and become delinquent if unpaid after expiration of twenty days from date of mailing or other delivery thereof by the Qpn2pan�. SPECIAL CONDITIONS OF SERVICE 1 Application of this rate is subject to the general Rules and Reaulations of the a thorities Company as they may be in effect from time to time and as filed with the eciulato y auu 2 Each year the Company shall re -determine each Customer's eligibility based on their annual usaae If reclassification to another schedule is appropriate such reclassification s ,— be prospective onlyand shall not be retroactive. Issued by: Carolyn Bermudez Effective: Vice President Florida City Gas P. 4 - sbq Florida City Gas FPSC Natural Gas Tariff Volume No 9 Original Sheet No. 32 GENERAL SERVICE - 1 QS -1) APPLICABILITY Service is available to Non -Residential Customers using between 0 and 5,999 therms per year as determined by the Company. CHARACTER OF SERVICE Units per cubic foot. `MONTHLY RATE Customer Charge Distribution Charge, per therm Commodity Charge Gas Supply from PGA 25.00 0.4262 Per Rider "A" Gas Supply from TPS 25.00 0.4262 Per TPS Agreement *The charges set forth in this Rate Schedule will be adjusted for all other applicable Riders of this Tariff and any additional taxes, assessments or similar charges that are lawfully imposed by the Company. A Customer that receives gas supply from a TPS will be charged by the TPS for commodity according to any agreement between the Customer and the TPS. Only Non -Residential Customers are eligible to receive gas supply from a TPS. MINIMUM BILL The minimum monthly bill shall be the Customer Charge.. TERMS OF PAYMENT Bills are due upon receipt by the Customer and become delinquent if unpaid after expiration of twenty days from date of mailing or other delivery thereof by the Company. SPECIAL CONDITIONS OF SERVICE 1. Application of this rate is subject to the general Rules and Regulations of the Company as they may be in effect from time to time and as filed with the regulatory authorities. 2. Each year the Company shall re -determine each Customer's eligibility based on their annual usage. If reclassification to another schedule is appropriate such reclassification shall be prospective only and shall not be retroactive. Issued by: Carolyn Bermudez Effective: December 7, 2004 .9r—Vice President, Serer GpeFatieasFlorida City Gas Florida City Gas FPSC Natural Gas Tariff Volume No 9 Original Sheet No. 33 GENERAL SERVICE- 1 (GS -1) (Continued) SPECIAL CONDITIONS APPLICABLE TO CUSTOMERS RECEIVING GAS SUPPLY FROM THIRD PARTY SUPPLIERS (TPS) 1. See the Rules and Regulations for Transportation - Special Conditions for terms related to Customers taking Gas Supply from a TPS. 2. Customer's TPS shall deliver an Average Daily Delivery Quantity ("ADDQ"), as determined monthly by the Company. Issued by: Carolyn Bermudez Effective: December'—, -2004 ,-Vice President, Sewt#em 8peratie4asFlorida Citv Gas R4-IbJ� .. 1 I � • p. +-Ito3 WON W-.,: e---. - i r MI. I M-; NNW P 4- I(o5- P�-1lv(el Florida City Gas FPSC Natural Gas Tariff Volume No. 89 Original Sheet No. 3834 Pe 4 -i&g GENERAL SERVICE - 4-.2-k6K (GS -4-41-61<) APPLICABILITY Service is available to.5,999 therpqrs, peF Yew as *T-119 GhaFges set forth im this- Rate SGh@dU'e will be adj6jr_,tR-d- fg—r a;I' Q-theF appliGable Rid6FG 9 this TaFiff A -Ad- a;WY addditiGamal assessments 9F similaF GhaFgeG that aFe la4wily imposed by Non— Residential P, 4, 1%q i). 4 -iso Customers using between 6,000 and 24,999 therms per year as determined by the Company. CHARACTER OF SERVICE A firm delivery service of natural gas, or its equivalent, delivered by the Company or Customers' Third Party Supplier ("TPS") with a heating value on the order of 1,100 British Thermal Units per cubic foot. *MONTHLY RATE Customer Charge Distribution Charge, per therm Commodity Charge Gas Supply from PGA $3835.00 $0.=43773785 Per Rider "A" Gas Supply from TPS $3835.00 $0.3785 Per TPS Agreement *The charges set forth in this Rate Schedule will be adjusted for all other applicable Riders of this Tariff and any additional taxes, assessments or similar charges that are lawfully imposed by the Company. A Customer that receives gas supply from a TPS will be charged by the TPS for commodity according to any agreement between the Customer and the TPS. Only Non -Residential Customers are eligible to receive gas supply from a TPS. MINIMUM BILL The minimum monthly bill shall be the Customer Charge. TERMS OF PAYMENT Bills are due upon receipt by the Customer and become delinquent if unpaid after expiration of twenty days from date of mailing or other delivery thereof by the Company. SPECIAL CONDITIONS OF SERVICE 1. Application of this rate is subject to the general Rules and Regulations of the Company as they may be in effect from time to time and as filed with the regulatory authorities. 2. Each year the Company shall re -determine each Customer's eligibility based on their annual usage. If reclassification to another schedule is appropriate such reclassification shall be prospective only and shall not be retroactive. Issued by: SwzaRRe SithepvnedCarolyn Bermudez -Vice President, Ser+ GpeFafieasFlorida City Gas Effective: —De-r--ern-her 7, 2004 p. L4,i-71 Florida City Gas FPSC Natural Gas Tariff _GENERAL SERVICE --64- - 6K (GS -6K) Continued related to Customers taking Gas Supply from a TPS P, 4-11z Issued by: Carolyn Bermudez Effective: Vice President, Florida City Gas R L4-1 Florida City Gas FPSC Natural Gas Tariff P. L4-114 GENERAL SERVICE - 25K (GS -25K) APPLICABILITY Service is available to Non -Residential Customers using between 25,000 and 58119,999 therms per year as determined by the Company. CHARACTER OF SERVICE A firm delivery service of natural gas, or its equivalent, delivered by the Company or Customers' Third Party Supplier ("TPS") with a heating value on the order of 1,100 British Thermal Units per cubic foot. *MONTHLY RATE Customer Charge Distribution Charge, per therm Commodity Charge Gas Supply from PGA 150.00 0.3571 Per Rider "A" Gas Supply from TPS $9().99 150.00 0.3571 Per TPS Agreement *The charges set forth in this Rate Schedule will be adjusted for all other applicable Riders of this Tariff and any additional taxes, assessments or similar charges that are lawfully imposed by the Company. A Customer that receives gas supply from a TPS will be charged by the TPS for commodity according to any agreement between the Customer and the TPS. Only Non -Residential Customers are eligible to receive gas supply from a TPS. MINIMUM BILL The minimum monthly bill shall be the Customer Charge. TERMS OF PAYMENT Bills are due upon receipt by the Customer and become delinquent if unpaid after expiration of twenty days from date of mailing or other delivery thereof by the Company. SPECIAL CONDITIONS OF SERVICE 1. Application of this rate is subject to the general Rules and Regulations of the Company as they may be in effect from time to time and as filed with the regulatory authorities. 2. Each year the Company shall re -determine each Customer's eligibility based on their annual usage. If reclassification to another schedule is appropriate such reclassification shall be prospective only and shall not be retroactive. 84-1-4 Issued by: Carolyn Bermudez Effective: &F-Vice President, Sewt#em 9PeFatFlorida City Gas R4,115 Florida City Gas FPSC Natural Gas Tariff Volume No. 49 Original Sheet No. 3637 GENERAL SERVICE - 25K (GS -25K) (Continued) SPECIAL CONDITIONS APPLICABLE TO CUSTOMERS RECEIVING GAS SUPPLY FROM THIRD PARTY SUPPLIERS (TPS) related to Customers taking Gas Supply from a TPS. 2. Customer's TPS shall deliver an Average Daily Delivery Quantity ("ADDQ"). as determined monthly by the Company. Issued by: Carolyn Bermudez Effective: Vice President, Florida City Gas ■ _ ... uns P,L-f'�-7 Florida City Gas FPSC Natural Gas Tariff GENERAL SERVICE - 9*120K (GS -60k -120K) APPLICABILITY Service is available to Non -Residential Customers using between 69120,000 and 44-91.249,999 therms per year as determined by the Company. CHARACTER OF SERVICE A firm delivery service of natural gas, or its equivalent, delivered by the Company or Customers' Third Party Supplier ("TPS") with a heating value on the order of 1,100 British Thermal Units per cubic foot. *MONTHLY RATE Gas Supply from PGA Gas Supply from TPS �` � ,mcr i s V50.99 9 V 59. 0 Q 77- • ".A." i. ,III ol WIN P, 4-1"1g P, 4- m �,r.! �jrrnWMA .W..rd Customer Charge Demand Charge, per DCQ Distribution Charae. per therm Commodity Charge 300.00 $0.575 0.3172 Per Rider "A" 300.00 0.575 0.3172 Per TPS Agreement *The charges set forth in this Rate Schedule will be adjusted for all other applicable Riders of this Tariff and any additional taxes, assessments or similar charges that are lawfully imposed by the Company. A Customer that receives gas supply from a TPS will be charged by the TPS for commodity according to any agreement between the Customer and the TPS. Only Non -Residential Customers are eligible to receive gas supply from a TPS. DETERMINATION OF THE DEMAND CHARGE QUANTITY (DCQ) The DCQ's to be used in setting the Customer's Billing DCQ will be determined by the Customer's maximum daily requirements in terms of therm units per day based on readings taken from an Automatic Meter Reading (AMR) device installed at the premise. The DCQ's used in setting the Billing DCQ shall be those from the Customer's daily metered therm consumption recorded for a period of up to three (3) years ending each March 31st. The results shall be grouped into the seasonal periods of April to October and November to March for purposes of deriving the Billing DCQ. If historical consumption information of at least twelve (12) months is not available, then the Billing DCQ level shall be based upon the rating and expected usage of the Customer's gas equipment as determined by the Company. The Billing DCQ will be determined annually by the Company based on the DCQ history, as determined above, for each of the respective seasonal periods. The Customer's Billing DCQ shall be adjusted to reflect the maximum DCQ recorded for the respective seasonal periods. Adjustments will be made in the preceding months of April and November except the Company shall not increase such a Customer's Billing DCQ unless the Customer has had at least three (3) occurrences of DCQ's in excess of their current Billing DCQ within the respective seasonal periods. P-4- iv Issued by: SwizanRe SithefweedCarolyn Bermudez Effective: ^e^embeF 7 �nn� -Vice President, Southern GpeFati Florida City Gas P, 4-11? 3 Florida City Gas FPSC Natural Gas Tariff Volume No. 9 Original Sheet No. 39 GENERAL SERVICE - 120K (GS -120K) (Continued) DETERMINATION OF THE DEMAND CHARGE QUANTITY (DCQ): (continued) At any time a Customer may request an adjustment to its Billing DCQ. If the Customer is able to demonstrate an ongoing change in its maximum daily therm requirements then the Company may at its discretion adjust Customers Billing DCQ prospectively. However, the initial Billing DCQ shall be established for all Customers with active service at the effective date of this tariff based on the highest daily actual therm consumption recorded at Customer's premises over the thirty-six month historic period ending SeptembeF 30 200 March 31 s' of each year. The minimum monthly bill shall be the Customer Charge and Demand Charge. In addition, a minimum annual charge shall be assessed by applying the Distribution Charge hereunder to the difference between the annual minimum qualifying therms specified in this Rate Schedule and the annual usage of the Customer. TERMS OF PAYMENT Bills are due upon receipt by the Customer and become delinquent if unpaid after expiration of twenty days from date of mailing or other delivery thereof by the Company. TERM OF CONTRACT The initial term of which shall be no less than one (1) year and year to year thereafter until terminated by ninety (90) days written notice by either party. SPECIAL CONDITIONS OF SERVICE 1. Application of this rate is subject to the general Rules and Regulations of the Company as they may be in effect from time to time and as filed with the regulatory authorities. 2. Each year the Company shall re -determine each Customer's eligibility based on their annual usage. If reclassification to another schedule is appropriate such reclassification shall be prospective only and shall not be retroactive. 3. Automatic Meter Reading (AMR) equipment capable of providing daily readings is required for all Customers served under this Rate Schedule. See the Rules and Regulations for Metering for terms and conditions related to AMR's. SPECIAL CONDITIONS APPLICABLE TO CUSTOMERS RECEIVING GAS SUPPLY FROM THIRD PARTY SUPPLIERS (TPS) 1. See the Rules and Regulations for Transportation - Special Conditions for terms related to Customers taking Gas Supply from a TPS. Issued by: Carolyn Bermudez Effective: 7, 2904 49r—Vice President, Sn-thern QpeFafieasFlorida City Gas A 4-1g* Florida City Gas FPSC Natural Gas Tariff Volume No. 99 Original Sheet No. 44-40 as deteFmii;ed by the runonrrco ne eeovi�e GGPApany. ■ ■ - ■ ■ , 49G 13FAWI; * MQIS H v o o rc --......... - - - - - -- - - - ... ._ ■ - ._ ._ _ _ . _ ._ _.-_ .. ■ ._ ■ ■ - ■ ■ p, 4-06 . - ---- - -- ■--- -- - - - - - - - - Ten -- -- - •- -- ---- - - - -- -- -- - -- -- -- - -- - -- - .. .,,- p, 4-06 GENERAL SERVICE - 1,250K (GS -1,250K) APPLICABILITY Service is available to Non -Residential Customers using between 1,250,000 er moreand 10,999,999 therms per year as determined by the Company. CHARACTER OF SERVICE A firm delivery service of natural gas, or its equivalent, delivered by the Company or Customers' Third Party Supplier ("TPS") with a heating value on the order of 1,100 British Thermal Units per cubic foot. *MONTHLY RATE Customer Charge Demand Charge, per DCQ Distribution Charge, per therm Commodity Charge Gas Supply from PGA $500.00 $0.9575 $0.122251606 Per Rider "A" Gas Supply from TPS $500.00 $0.289575 $0.122251606 Per TPS Agreement *The charges set forth in this Rate Schedule will be adjusted for all other applicable Riders of this Tariff and any additional taxes, assessments or similar charges that are lawfully imposed by the Company. A Customer that receives pas supply from a TPS will be charged by the TPS for commodity according to any agreement between the Customer and the TPS. Only Non -Residential Customers are eligible to receive gas supply from a TPS. DETERMINATION OF THE DEMAND CHARGE QUANTITY (DCQ) taken from an Automatic Meter Reading (AMR) device installed at the premise. The DCQ's used in settina the Billina DCQ shall be those from the Customer's daily metered therm consumption recorded for a period of up to three (3) years ending each March 31st. The results shall be grouped into the seasonal periods of April to October and November to March for purposes of derivina the Billina DCQ. If historical consumption information of at least twelve (121 months is not available, then the Billina DCQ level shall be based upon the rating and expected usage of the Customer's gas equipment as determined by the Company. The Billina DCQ will be determined annually by the Company based on the DCQ history. as determined above, for each of the respective seasonal periods. The Customer's Billing DC shall be adjusted to reflect the maximum DCQ recorded for the respective seasonal periods. djustments will be made in the preceding months of April and November except the Company shall not increase such a Customer's Billina DCQ unless the Customer has had at least three 3) occurrences of DCQ's in excess of their current Billing DCQ within the respectjve seasonal erg Issued by: Carolyn Bermudez Effective: Vice President, Florida City Gas P. L4-I� l Florida City Gas FPSC Natural Gas Tariff Volume No. 9 Original Sheet No. 41 GENERAL SERVICE - 1.250K (GS -1.250K) (Continued) DETERMINATION OF THE DEMAND CHARGE QUANTITY (DCQ) (continued At any time a Customer may request an adjustment to its Billing DCQ. If the Customer is able to demonstrate an ongoing change in its maximum daily therm requirements then the Company may at its discretion adjust Customers Billing DCQ prospectively. However, the initial Billing DCQ shall be established for all Customers with active service at the effective date of this tariff based on the hiahest daily actual therm consumption recorded at Customer's premises over the thirty-six month historic period endin March 315 of each year. MINIMUM BILL The minimum monthly bill shall be the Customer Charge and Demand Charge. In addition, a minimum annual charge shall be assessed by applying the Distribution Charge hereunder to the difference between the annual minimum qualifying therms specified in this Rate Schedule and the annual usage of the Customer. TERMS OF PAYMENT Bills are due upon receipt by the Customer and become delinquent if unpaid after expiration of twenty days from date of mailing or other delivery thereof by the Company. TERM OF CONTRACT The initial term of which shall be no less than one (1) year and year to year thereafter until terminated by ninety (90) days written notice by either party. SPECIAL CONDITIONS OF SERVICE 1. Application of this rate is subject to the general Rules and Regulations of the Company as they may be in effect from time to time and as filed with the regulatory authorities. 3. Automatic Meter Reading (AMR) equipment capable of providing daily readings is required for all Customers served under this Rate Schedule. See the Rules and Reaulations for Metering for terms and conditions related to AMR's. SPECIAL CONDITIONS APPLICABLE TO CUSTOMERS RECEIVING GAS SUPPLY FROM THIRD PARTY SUPPLIERS (TPS) See the Rules and Regulations for Transportation - Special Conditions for terms related to Customers taking Gas Supply from a TPS. Issued by: Carolyn Bermudez Effective: Vice President, Florida City Gas P, L4-1 21? Florida City Gas FPSC Natural Gas Tariff Volume No. 9 Original Sheet No. 42 GENERAL SERVICE —11 M (GS - 11 M) APPLICABILITY Service is available to Non -Residential Customers using between 11,000,000 and 24,999,999 therms per year as determined by the Company. CHARACTER OF SERVICE A firm delivery service of natural gas, or its equivalent, delivered by the Company or Customers' Third Party Supplier ("TPS") with a heating value on the order of 1.100 British Thermal Units per cubic foot. *MONTHLY RATE Customer Charge Demand Charge, per DCQ Distribution Charge, per therm Commodity Charge Gas Supply from PGA $1,000.00 0.575 0.0800 Per Rider "A" Gas Supply from TPS $1,000.00 0.575 0.0800 Per TPS Aareement *The charges set forth in this Rate Schedule will be adjusted for all other applicable Riders of this Tariff and any additional taxes. assessments or similar charges that are lawfully imposed by the Company. A Customer that receives gas supply from a TPS will be charged by the TPS for commodity according to any agreement between the Customer and the TPS. Only Non -Residential Customers are eliaible to receive aas supply from a TPS. DETERMINATION OF THE DEMAND CHARGE QUANTITY (DCQ) The DCQ's to be used in setting the Customer's Billing DCQ will be determined by the Customer's maximum daily requirements in terms of therm units per day based on readings taken from an Automatic Meter Reading (AMR) device installed at the premise. The DCQ's used in setting the Billing DCQ shall be those from the Customer's daily metered therm consumption recorded for a period of up to three (3) years ending each March 31st. The results shall be grouped into the seasonal periods of April to October and November to March for purposes of deriving the Billing DCQ. If historical consumption information of at least twelve (12) months is not available, then the Billing DCQ level shall be based upon the rating and expected usage of the Customer's gas equipment as determined by the Company. The Billing DCQ will be determined annually by the Company based on the DCQ history, as determined above, for each of the respective seasonal periods. The Customer's Billing DCQ shall be adjusted to reflect the maximum DCQ recorded for the respective seasonal periods. Adiustments will be made in the preceding months of April and November except the Company shall not increase such a Customer's Billing DCQ unless the Customer has had at least three (3) occurrences of DCQ's in excess of their current Billing DCQ within the respective seasonal periods. Issued by: Carolyn Bermudez Effective: Vice President, Florida City Gas Florida City Gas FPSC Natural Gas Tariff Volume No. 9 Original Sheet No. 43 GENERAL SERVICE - 11 M GS — 11 M (Continued) DETERMINATION OF THE DEMAND CHARGE QUANTITY (DCQ) (continued) At any time a Customer may request an adjustment to its Billing DCQ. If the Customer is able to demonstrate an ongoing change in its maximum daily therm requirements then the Company may at its discretion adjust Customers Billing DCQ prospectively. However, the initial Billing DCQ shall be established for all Customers with active service at the effective date of this tariff based on the highest daily actual therm consumption recorded at Customer's premises over the thirty-six month historic period ending March 31St of each year. MINIMUM BILL The minimum monthly bill shall be the Customer Charge and Demand Charge. In addition, a minimum annual charge shall be assessed by applying the Distribution Charge hereunder to the difference between the annual minimum qualifying therms specified in this Rate Schedule and the annual usage of the Customer. TERMS OF PAYMENT Bills are due upon receipt by the Customer and become delinquent if unpaid after expiration of twenty days from date of mailing or other delivery thereof by the Company. TERM OF CONTRACT The initial term of which shall be no less than one (1) year and year to year thereafter until terminated by ninety (90) days written notice by either party. SPECIAL CONDITIONS OF SERVICE 1. Application of this rate is subject to the general Rules and Regulations of the Company as they may be in effect from time to time and as filed with the regulatory authorities. 2. Each year the Company shall re -determine each Customer's eligibility based on their annual usage. If reclassification to another schedule is appropriate such reclassification shall be prospective only and shall not be retroactive. 3. Automatic Meter Reading AMR equipment ca able of Providing daily readings is required for all Customers served under this Rate Schedule. See the Rules and Regulations for Metering for terms and conditions related to AMR's. SPECIAL CONDITIONS APPLICABLE TO CUSTOMERS RECEIVING GAS SUPPLY FROM THIRD PARTY SUPPLIERS (TPS) See the Rules and Regulations for Transportation - Special Conditions for terms related to Customers taking Gas Supply from a TPS. Issued by: Carolyn Bermudez Effective: Vice President, Florida City Gas (D, q-igo Florida City Gas FPSC Natural Gas Tariff Volume No. 9 Original Sheet No. 44 GENERAL SERVICE — 25M GS - 25M APPLICABILITY Service is available to Non -Residential Customers using 25,000,000 or more therms per year as determined by the Company. CHARACTER OF SERVICE firm delivery service of natural gas, or its equivalent, delivered by the Company or Customers' Third Party Supplier ("TPS") with a heating value on the order of 1.100 British Thermal Units per cubic foot. *MONTHLY RATE Customer Charge Demand Charge, per DCQ Distribution Charge, per therm Commodity Charge Gas Supply from PGA $2,000.00 $0.575 0.0400 Per Rider "A" Gas SuoDIv from TPS $2,000.00 $0.575 0.0400 Per TPS Agreement *The charges set forth in this Rate Schedule will be adjusted for all other applicable Riders of this Tariff and any additional taxes, assessments or similar charges that are lawfully imposed by the Company. A Customer that receives gas supply from a TPS will be charged by the TPS for commodity according to any agreement between the Customer and the TPS. Only Non -Residential Customers are eligible to receive gas supply from a TPS. DETERMINATION OF THE DEMAND CHARGE QUANTITY (DCQ) The DCQ's to be used in setting the Customer's Billing DCQ will be determined by the Customer's maximum daily requirements in terms of therm units per day based on readings taken from an Automatic Meter Reading (AMR) device installed at the premise. The DCQ's used in setting the Billing DCQ shall be those from the Customer's daily metered therm consumption recorded for a period of up to three (3) years ending each March 31st. The results shall be grouped into the seasonal periods of April to October and November to March for purposes of deriving the Billing DCQ. If historical consumption information of at least twelve (12) months is not available, then the Billing DCQ level shall be based upon the rating and expected usage of the Customer's gas equipment as determined by the Company. The Billing DCQ will be determined annually by the Company based on the DCQ history, as determined above, for each of the respective seasonal periods. The Customer's Billing DCQ shall be adjusted to reflect the maximum DCQ recorded for the respective seasonal periods. Adjustments will be made in the preceding months of April and November except the Company shall not increase such a Customer's Billing DCQ unless the Customer has had at least three (3) occurrences of DCQ's in excess of their current Billing DCQ within the respective seasonal periods. Issued by: Carolyn Bermudez Effective: z ec;e ber 71 2994 -Vice President, Southern P4_1gI Operal:ieasFlorida City Gas Florida City Gas FPSC Natural Gas Tariff Volume No. 9 Original Sheet No. 45 GENERAL SERVICE - 25M GS - 25M Continued DETERMINATION OF THE DEMAND CHARGE QUANTITY (DCQ) (continued) may at its discretion adjust Customers Billing DCQ prospectively. However, the initial Billino DCQ shall be established for all Customers with active service at the effective date of this tariff based on the hiahest daily actual therm consumption recorded at Customer's premises over the thirty-six month historic period ending March 31 s of each year. P 4--1 R a, OQJr.OAAIA1AT1r1A1 n1= Kin r`UAOl2C !11 1AAITITV /1'1!'`/11 /nnn+7.,,,n.d\ k-6X4f*WFA daily the R. GOFAPSR�' 901 MINIMUM BILL The minimum monthly bill shall be the Customer Charge and Demand Charge. In addition, a minimum annual charge shall be assessed by applying the Distribution Charge hereunder to the difference between the annual minimum qualifying therms specified in this Rate Schedule and the annual usage of the Customer. TERMS OF PAYMENT Bills are due upon receipt by the Customer and become delinquent if unpaid after expiration of twenty days from date of mailing or other delivery thereof by the Company. TERM OF CONTRACT The initial term of which shall be no less than one (1) year and year to year thereafter until terminated by ninety (90) days written notice by either party. SPECIAL CONDITIONS OF SERVICE 1. Application of this rate is subject to the general Rules and Regulations of the Company as they may be in effect from time to time and as filed with the regulatory authorities. 2. Each year the Company shall re-determine each Customer's eligibility based on their annual usage. If reclassification to another schedule is appropriate such reclassification shall be prospective only and shall not be retroactive. 3. Automatic Meter . Reading (AMR) equipment capable of providing daily readings is required for all Customers served under this Rate Schedule. See the Rules and Regulations for Metering for terms and conditions related to AMR's. SPECIAL_ CONDITIONS, APPLICABLE TO CUSTOMERS RECEIVING GAS SUPPLY FROM THIRD PARTY SUPPLIERS (TPS) See the Rules and Regulations for Transportation - Special Conditions for terms related to Customers taking Gas Supply from a TPS. Issued by: Suzanne SithepweedCarolyn Bermudez Effective: December 7, 2094 4 -Vice President, Seuthem BpeFat Florida City Gas Florida City Gas FPSC Natural Gas Tariff P, 4 -- 104 GAS LIGHTING SERVICE (GL) AVAILABILITY See "Limitations of Service" below. APPLICABILITY Firm Natural gas service for continuous street or outdoor lighting devices installed upstream of the Customer's meter. LIMITATIONS OF SERVICE This Rate Schedule is closed and is restricted to Customers who were served prior to March 17, 1975. *MONTHLY RATE Distribution Charge $27.20 per lamp ($0.595354000 per therm X 18 therms) "The charges set forth in this Rate Schedule will be adjusted for all other applicable Riders of this Tariff and any additional taxes, assessments or similar charges that are lawfully imposed by the Company. For the purpose of applying Riders or other billing adjustments usage of eighteen therms per lamp per month will be assumed. MINIMUM BILL The minimum monthly bill shall be the Monthly Rate. TERMS OF PAYMENT Bills are due upon receipt by the Customer and become delinquent if unpaid after expiration of twenty days from date of mailing or other delivery thereof by the Company. SPECIAL CONDITIONS OF SERVICE Application of this rate is subject to the general Rules and Regulations of the Company as they may be in effect from time to time and as filed with the regulatory authorities. Issued by: Carolyn Bermudez Effective: Nice President, Sere 9peFa Florida City Gas P. 4- Oltr P. 4- Iq(o Florida City Gas FPSC Natural Gas Tariff Volume No. 9 Original Sheet No. 47 RESIDENTIAL STANDBY GENERATOR SERVICE (RSG) APPLICABILITY Service is available to Residential Customers whose only gas usage is for a standby electric generator. CHARACTER OF SERVICE A firm delivery service of natural gas, or its equivalent, delivered by the Company with a heating value on the order of 1,100 British Thermal Units per cubic foot. *MONTHLY RATE Customer Charge: $16.81 Distribution Charge: 0 - 14 therms $0.00000 per therm More than 14 therms $0.52248 per therm *The charges set forth in this Rate Schedule will be adjusted for all other applicable Riders of this Tariff and any additional taxes, assessments or similar charges that are lawfully imposed by the Company. MINIMUM BILL The minimum monthly bill shall be the Customer Charge. TERMS OF PAYMENT Bills. are due upon receipt by the Customer and become delinquent if unpaid after expiration of twenty days from date of mailing or other delivery thereof by the Company. SPECIAL CONDITIONS OF SERVICE 1.Subject to special condition 3 below, a customer receiving service under this schedule shall remain obligated to remain on this schedule for 12 months. This 12 -month requirement shall be renewed at the end of each 12 -month term unless the customer terminates the service in writing within 30 days before the end of the term. 2. If the customer terminates the service before the 12 -month term ends, the customer will be billed the minimum bill for the remaining months of the service. 3. If the customer installs an additional gas appliance at the premise at which service is provided, then the customer will be transferred to the applicable rate schedule based on total therms. 4. Application of this rate is subject to the general Rules and Regulations of the Company as they may be in effect from time to time and as filed with the regulatory authorities. Issued by: Carolyn Bermudez Effective: cluly 47, 2G42- Vice 642Vice President, Florida City Gas Florida City Gas FPSC Natural Gas Tariff Volume No. 89 Original Sheet No. 448 COMMERCIAL STANDBY GENERATOR SERVICE (CSG) APPLICABILITY Service is available to Non-residential Customers whose only gas usage is for a standby electric generator with annual consumption of less than 120,000 therms. CHARACTER OF SERVICE A firm delivery service of natural gas, or its equivalent, delivered by the Company with a heating value on the order of 1,100 British Thermal Units per cubic foot. *MONTHLY RATE Customer Charge: $24.00 Distribution Charge: 0 - 26 therms $0.00000 per therm More than 26 therms $0.49531 per therm *The charges set forth in this Rate Schedule will be adjusted for all other applicable Riders of this Tariff and any additional taxes, assessments or similar charges that are lawfully imposed by the Company. A customer that receives gas supply from a TPS will be charged by the TPS for commodity according to any agreement between the Customer and the TPS. MINIMUM BILL The minimum monthly bill shall be the Customer Charge. TERMS OF PAYMENT Bills are due upon receipt by the Customer and become delinquent if unpaid after expiration of twenty days from date of mailing or other delivery thereof by the Company. SPECIAL CONDITIONS OF SERVICE 1. Subject to special condition 3 below, a Customer receiving service under this schedule shall remain obligated to remain on this schedule for 12 months. This 12 -month requirement shall be renewed at the end of each 12 -month term unless the Customer terminates the service in writing within 30 days before the end of the term. 2. If the Customer terminates the service before the 12 -month term ends, the Customer will be billed the minimum bill for the remaining months of the service. 3. If the Customer installs an additional gas appliance at the premise at which service is provided, then the Customer will be transferred to the applicable rate schedule based on total therms. 4. Application of this rate is subject to the general Rules and Regulations of the Company as they may be in effect from time to time and as filed with the regulatory authorities. Issued by: Jesse-Killing&Carolyn Bermudez Effective: july 47, 20Q Vice President, SGwthem Gpia rafiens Florida City Gas P L4— lqg Florida City Gas FPSC Natural Gas Tariff Volume No..99 First Revised Sheet No. 4.649 NATURAL GAS VEHICLE SERVICE -1 (NGV -1) APPLICABILITY For gas delivered to any Customer through a separate meter for the purpose of compression and delivery into motor vehicle fuel tanks or other transportation containers. NGV -1 is only available to those Customers who are presently receiving this service as of August 13, 2013. Customers seeking such service after this date shall take service under the NGV -II terms of this Tariff. *MONTHLY RATE Gas Supply from PGA Gas Supply from TPS Customer Charge $4225.00 $4525.00 Distribution Charge, per therm $0.4262 $0.324262 Commodity Charge Per Rider "A" Per TPS Agreement *The charges set forth in this Rate Schedule will be adjusted for all other applicable Riders of this Tariff and any additional taxes, assessments or similar charges that are lawfully imposed by the Company. A Customer that receives gas supply from a TPS will be charged for commodity according to any agreement between the Customer and the TPS. MINIMUM BILL The minimum monthly bill shall be the Customer Charge. In addition, a minimum annual charge, if applicable, shall be assessed by applying the applicable rates and adjustments hereunder to the difference between the minimum therms, if any, established per the Customer's Agreement and the Customers annual usage. TERMS OF PAYMENT Bills are due upon receipt by the Customer and become delinquent if unpaid after expiration of twenty days from date of mailing or other delivery thereof by the Company. SPECIAL CONDITIONS Service under this Rate Schedule shall be subject to the general Rules and Regulations of the Company as they may be in effect from time to time, and as filed with the regulatory authorities. SPECIAL CONDITIONS APPLICABLE TO CUSTOMERS RECEIVING GAS SUPPLY FROM THIRD PARTY SUPPLIERS (TPS) 1. See the Rules and Regulations for Transportation - Special Conditions for terms related to Customers taking Gas Supply from a TPS. 2. Automatic Meter Reading (AMR) equipment is required for transportation Customers served under this Rate Schedule using over 120,000 therms per year. See the Rules and Regulations for Metering for terms and conditions related to AMR's. Issued by: Je6se-14il!+agsCarolyn Bermudez Effective:Augurst-43;-28a 3 Vice President, Florida City Gas P.q-pq Florida City Gas FPSC Natural Gas Tariff Volume No. 9 NATURAL GAS VEHICLE SERVICE -II (NGV -II) APPLICABILITY For gas delivered to any Customer for the purpose of compression and delivery into motor vehicle fuel tanks or other transportation containers after August 13, 2013. MONTHLY RATE Service is available under any General Service (GS) Rate Schedule (GS -1 through GS - 1250k) based on the "Customer's therms per year as determined by the Company. The charges, terms and conditions as provided under the applicable GS Rate Schedule shall apply, including all applicable Riders of this Tariff and any additional taxes, assessments or similar charges that are lawfully imposed by the Company, notwithstanding the Special Conditions sections below. MONTHLY FACILITIES CHARGE WHEN COMPANY PROVIDES EQUIPMENT NECESSARY FOR NGV -II SERVICE The Monthly Facilities Charge, if applicable, shall be equal to 1.6% multiplied by the Company's Gross Investment in facilities, as determined by the Company required to serve the Customer. As used here, Gross Investment means the total installed cost of the facilities as determined by the Company, which may include but are not limited to dryers, compressors, storage vessels, controls, piping, metering, dispensers, and any other related appurtenances including the necessary redundancy to provide for reliable service, before any adjustment for accumulated depreciation, a contribution in aid of construction, etc. The 1.6% factor is subject to adjustment if the Customer makes a contribution in aid of construction. The adjusted factor will be as stated in the Company's standard agreement for service provided under this Rate Schedule. If the service is provided under a standard agreement to more than one Customer, the charges applicable to each Customer shall be as stated in the agreement with the individual Customer. The standard agreement may also require a commitment to purchase service for a minimum period of time, take or pay for a minimum amount of service, a contribution in aid of construction, a guarantee, such as a bond or letter of credit, and/or other provisions as determined appropriate by the Company. 1) COMPANY PROVIDED FACILITIES ON CUSTOMER PREMISES If Company provides and maintains the necessary facilities for compression and dispensing of such natural gas for delivery to vehicles on the Customer's property, the following additional charge shall apply: Issued by: je6se Kffil!iF;9&Carolyn Bermudez Effective: 41qust 19 Vice President, SGwtham Operatiop s Florida City Gas P,4 -aa i Florida City Gas FPSC Natural Gas Tariff Volume No..99 Original Sheet No. NATURAL GAS VEHICLE SERVICE -II (NGV -II) (Continued) 1) COMPANY PROVIDED FACILITIES ON CUSTOMER PREMISE (Continued) Monthly Facilities Charge The provision and maintenance of the facilities does not include the physical dispensing of compressed natural gas into vehicles, or the provision of electricity required to operate the facility. The physical dispensing of compressed natural gas into vehicles, the collection and remittance of any federal or state or local tax imposed on compressed natural gas dispensed for use as motor fuel, and the payment for electricity used to operate the facility shall be the responsibility of the Customer. A Company -provided facility could be a residential fueling station. 2) LIMITED ACCESS FACILITIES LOCATED ON COMPANY PREMISES The Company may, under agreement with one or more Customers, provide and maintain, on the Company's premises, the necessary facilities for compression and dispensing of natural gas into motor vehicles. The Customer may elect to receive distribution service and purchase gas under any of the GS schedules, provided that the Customer would otherwise meet the requirement to be served under the provision of the rate schedule elected. In addition to the distribution and gas charges as provided under the rate schedule elected by the Customer, the following charges shall apply: a) Monthly Facilities Charge The Monthly Facilities Charge, if applicable, shall be equal to 1.6% multiplied by the Company's Gross Investment in facilities, as determined by the Company required to serve the Customer. As used here, Gross Investment means the total installed cost of the facilities as determined by the Company, which may include but are not limited to dryers, compressors, storage vessels, controls, piping, metering, dispensers, and any other related appurtenances including the necessary redundancy to provide for reliable service and land and land rights, before any adjustment for accumulated depreciation, a contribution in aid of construction, etc. The 1.6% factor is subject to adjustment if the Customer makes a contribution in aid of construction. The adjusted factor will be as stated in the Company's standard agreement for service provided under this Rate Schedule. If the service is provided under a standard agreement to more than one Customer, the charges applicable to each Customer shall be as stated in the agreement with the individual Customer. The standard agreement may also require a commitment to purchase service for a minimum period of time, take or pay for a minimum amount of service, a contribution in aid of construction, a guarantee, such as a bond or letter of credit, and/or other provisions as determined appropriate by the Company. b) Compressed Gas Dispensing Fee The monthly dispensing fee shall recover all costs related to dispensing and be provided in the standard agreement. Issued by: jesse Ki"i^^eCarolyn Bermudez Effective: August 14 Vice President, SeutheFR QpeFati9RsF1orida City Gas Florida Citv Gas FPSC Natural as Tariff Volume No. 9 Original Sheet No. 52 P,ao3 NATURAL GAS VEHICLE SERVICE -II (NGV -II) (Continued) 2) LIMITED ACCESS FACILITIES LOCATED ON COMPANY PREMISES (Continued) cc) Tax The Company shall collect from the Customer and remit to the applicable authority any motor fuel tax on compressed natural gas. Any service provided from a facility located on the Company's premises shall be provided at the time and under the terms and conditions as determined by the Company and specified in the agreement(s) with the Customer(s). The standard agreement may require a commitment to purchase service for a minimum period of time, take or pay for a minimum amount of service, a contribution in aid of construction, a guarantee (such as a bond) and/or other provisions as determined appropriate by the Company. 3) PUBLICLY ACCESSIBLE FACILITIES LOCATED ON COMPANY PREMISES If the Company offers service to Customer from facilities located on the Company's premises only the following charges shall apply: Distribution and Dispensing: $0.50 /Therm Gas Cost: No lower than the monthly PGA Taxes: Applicable motor fuel or other taxes applicable to compressed natural gas dispensed for motor fuel The total charge, consisting of the Distribution and Dispensing charge, the Gas Cost, and Taxes, shall be as determined by the Company. However, the Gas Cost component of the charge shall not be less than the Purchased Gas Adjustment (PGA) and other adjustments, charges and/or credits determined to be applicable. In addition, the gas commodity component (total charge less the Distribution and Dispensing charge and applicable taxes) will be accounted for as recovery of gas cost in the annual PGA docket. Other Riders of this Tariff will not be credited for such service. Any service provided from a facility located on the Company's premises shall be provided at the time and under the terms and conditions as determined by the Company. MINIMUM BILL The minimum monthly bill shall be the minimum bill as provided for in the GS Rate Schedule applicable to the Customer plus any additional Monthly Facilities Charge except for option 3. Issued by: Carolyn Bermudez Effective:August 1vr-r3, Vice President, gowthem Gpe rationg Florida City Gas P.q-ao4 Florida City Gas FPSC Natural Gas Tariff Volume No. 9 Original Sheet No. 53 P. 41ba5 NATURAL GAS VEHICLE SERVICE -II (NGV -II) (Continued) 3) PUBLICLY ACCESSIBLE FACILITIES LOCATED ON COMPANY PREMISES (Continued) TERMS OF PAYMENT Bills are due upon . receipt by the Customer and become delinquent if unpaid after expiration of twenty days from date of mailing or other delivery thereof by the Company and are subject to late payment charges. SPECIAL CONDITIONS 1. Service under this Rate Schedule shall be subject to the general Rules and Regulations of the Company as they may be in effect from time to time, and as filed with the regulatory authorities. 2. A separate meter or sub -meter may be requested by the Customer or required by the Company; in which case the Customer will pay the cost of the meter and installation which shall remain the property of the Company. 3. The collection and remittance of any federal or state or local tax specifically imposed on compressed natural gas dispensed for motor fuel shall be the responsibility of the Customer or Retailer, unless otherwise provide for in a Customer's agreement. 4. The terms and conditions applicable to sub -metering and allocation of cost included elsewhere in this Tariff are not applicable to Compressed Natural Gas used for motor fuel. 5. NGV service is not available for resale by residential customers. 6. The Company shall not be responsible in any manner for the use, care or handling of natural gas once it is delivered to a natural gas vehicle. 7. If the Company, by itself or in partnership with another entity, responds to a competitive situation of a government agency or commercial customer and has volumes greater than 250,000 therms per year, the Company has the option to provide NGV service, equipment, facilities, and distribution at rates and charges set on an individual Customer basis via a special contract as long as the rate is above incremental cost with a reasonable return. At the Company's discretion it may recover the difference between the otherwise applicable tariff rate and the approved contract rate under this rate provision through Rider "C", Competitive Rate Adjustment ("CRA"). 8. If a Customer is phasing in the use of compressed natural gas as motor fuel and is acquiring and placing into service vehicles fueled by compressed natural gas over a period of years, the Monthly Facilities Charge may be phased—in over the term of agreement. However, the net present value of the revenue from the phased -in charges, discounted at the Company's authorized rate of return, shall be set equal to the net present value of the revenue that would be generated over the term of the contract if the Monthly Facilities Charge was not phased -in. Any such phase-in shall be provided in the agreement for service. Issued by: Besse -KsCarolyn Bermudez Effective: August 13,, Vice President, geutheFR OpeFatiORsFlorida City Gas Florida City Gas FPSC Natural Gas Tariff Volume No..99 Original Sheet No. 47-54 P. -4 -,901 .. 100- W ar - - - - - - - P. -4 -,901 of the Opfamnatiop P, 14 -C9v 8 _� "M Oft -�- P, 14 -C9v 8 CONTRACT DEMAND SERVICE (KDS) OBJECTIVE The objective of this Rate Schedule is to enable the Company to attach incremental load to its system by providing the Company with the flexibility to negotiate individual service agreements with Customers taking into account competitive and economic market conditions and system growth opportunities. APPLICABILITY Sales or Transportation service is available under this Rate Schedule to any non - Residential Customer bringing a minimum new incremental demand of 250,000 additional therms per year to the Company's system at one location. Terms of service including operating conditions and, if applicable, a capital repayment mechanism acceptable to Company, which may include, but shall not be limited to, a minimum monthly or annual bill, will be set forth in individual service agreements between the Company and the Customer. Absent a service agreement with Company under this Rate Schedule, Company has no obligation to provide, and the Customer shall have no right to receive, service under this Rate Schedule, and Customer may elect to receive service under other applicable Rate Schedules. GAS SUPPLY OBLIGATION The Company shall have no obligation to provide natural gas supplies to Transportation Customers under this. Rate Schedule. MONTHLY RATE 1. The Distribution Charge shall be an amount negotiated between Company and Customer, but the rate shall not be set lower than the incremental cost the Company incurs to serve the Customer. As used herein incremental cost shall include operations and maintenance, the depreciation expense for facilities used to provide service to the Customer, the return on the facilities computed at the rate of return approved in the Company's most recent rate case, and associated taxes. The charge shall include any capital recovery mechanism. The charge shall be determined by the Company based on Company's evaluation of competitive and overall economic market conditions and the opportunity for the Company to expand its system into areas not served with natural gas. Such evaluation may include, but is not necessarily limited to: the cost of gas which is available to serve Customer; the delivered price and availability of Customer's alternate fuel or energy source; the nature of the Customer's operations (such as load factor, fuel efficiency, alternate fuel capacity, etc.); and the opportunity to extend gas service to areas not supplied with natural gas. With respect to existing Customers, an additional load of at least 250,000 therms must be added, and the negotiated KDS rate will only apply to the additional load added to the Company's system. Issued by:Carolyn Bermudez Effective: 7, 2994 -Vice President, m OpeFatieRs.Florida City Gas P,� -aao Florida City Gas FPSC Natural Gas Tariff Volume No. 9 Original Sheet No. 55 CONTRACT DEMAND SERVICE (KDS) (Continued) MONTHLY RATE (Continued) 2. The Commodity Charge, if taking supply from the Company, shall be the rate per therm for gas used computed to be the incremental cost of purchasing or producing gas. INTERRUPTION AND CURTAILMENT In addition to the interruption and curtailment terms in the Rules and Regulations or the Company's Curtailment Plan the Company shall have the right to reduce or to completely curtail deliveries to Customer pursuant to this Rate Schedule: 1. If in the Company's opinion, Customer will overrun the volume of gas to which it is entitled from its supplier (or overrun the volume of gas being delivered to Company for Customer's account); or 2. in the event Company is notified by its supplier or pipeline transporter to interrupt or curtail deliveries to Customer, or deliveries of gas for uses of the same type or category as Customer's use of gas hereunder; or 3. when necessary to maintain the operational reliability of Company's system. CONFIDENTIALITY The Company and Customer each regard the terms and conditions of the negotiated service agreement as confidential, proprietary business information. The Company and Customer will utilize all reasonable and available measures to guard the confidentiality of said information, subject to the requirements of courts and agencies having jurisdiction hereof. SPECIAL CONDITIONS 1. Service under this Rate Schedule shall be subject to the Rules and Regulations set forth in the tariff, except to the extent modified under this Rate Schedule and / or in a service agreement. 2. Term of Agreement: If the provision of service hereunder requires the installation of natural gas equipment at Customer's facility, Company and Customer may enter into an agreement as to the terms and conditions regarding the reimbursement of costs relating to such equipment. The initial term of the service agreement shall, at a minimum, be equal to the period of cost reimbursement. The rates established in the Monthly Rates section may be adjusted to provide for such cost reimbursement to the Company including carrying costs. Issued by: Carolyn Bermudez Effective: Desea�erTi804 Sr—Vice President, m QpeFat'e-.AAFlorida City Gas Florida City Gas FPSC Natural Gas Tariff o4-919, CONTRACT DEMAND SERVICE (KIDS) (Continued) SPECIAL CONDITIONS (Continued) 3. Automatic Meter Reading (AMR) equipment capable of providing daily readings is required for Customers served under this Rate Schedule, see the Rules and Regulations for Metering for terms and conditions related to AMR's. 4. When entering into a service agreement with a Customer under this Rate Schedule, Company will take reasonable steps to mitigate the potential of any revenue shortfalls between the revenues received under a service agreement and the total cost and expenses relating to the associated capital investment made by the Company, including minimum annual requirements. Issued by: Carolvn Bermudez Effective: z esenAherTi804 Vice President, n GpeFa Florida City Gas P.4a,a Florida City Gas FPSC Natural Gas Tariff Velume N-94 0494nal Sheet Ne. 64.4. Volume No. 9 Original Sheet No. 57 LOAD ENHANCEMENT SERVICE (LES) OBJECTIVE The objective of this Rate Schedule is to enable the Company to retain or obtain significant load on its system by providing the Company with the flexibility to negotiate individual service agreements with non -Residential Customers taking into account competitive and economic market conditions and overall system benefits. APPLICABILITY This sales or transportation service is available at the Company's sole discretion to Customer's which meet the applicability standards, including (1) an existing commercial customer receiving service under contract or any new or existing customer that would otherwise qualify for service under Rate Schedules €GS, KIDS, TSS, OSS, and -GS- 250 K120K, GS - 1,250K, GS -11M or GS -25M; (2) the Customer must provide the Company verifiable documentation of either a viable alternative fuel or of a Customer's opportunity to economically bypass the Company's system; (3) the Company must demonstrate that the Customer served under this Rate Schedule will not cause any additional cost to the Company's other rate classes, including, at a minimum, that the rate shall not be set lower than the incremental cost plus some additional amount as reasonable return on investment and; (4) the Customer and the Company must enter into a service agreement under this Rate Schedule. As used herein incremental cost shall include operations and maintenance, the depreciation expense for facilities used to provide service to the Customer, the return on the facilities computed at the rate of return aoaroved in the Companv's most recent rate case. and associated taxes. SERVICE AGREEMENT OBLIGATIONS Terms of service including operating conditions and, if applicable, a capital repayment mechanism acceptable to Company, which may include, but shall not be limited to, a minimum monthly or annual bill, will be set forth in individual service agreements between the Company and the Customer. Absent a service agreement with Company under this Rate Schedule, Company has no obligation to provide, and the Customer shall have no right to receive, service under this Rate Schedule, and Customer may request service under other applicable Rate Schedules. Any service agreement under LES shall be subject to approval by the Florida Public Service Commission (FPSC) before any contract rate is implemented and the agreement can be executed by the parties. GAS SUPPLY OBLIGATION The Company shall have no obligation to provide natural gas supplies to Transportation Customers under this Rate Schedule. Issued by: Effective: MaFGh 13, 2n1'' Carolyn Bermudez Vice President . Florida p,1-,91+ City Gas P. 14'o; 16" p 4-,91(0 Florida City Gas FPSC Natural Gas Tariff Volume No. 9 Original Sheet No. 58 LOAD ENHANCEMENT SERVICE (LES) (Continued) MONTHLY RATE 1. The Distribution Charge shall be an amount negotiated between Company and Customer, but the rate shall not be set lower than the incremental cost plus some additional amount as a reasonable return on investment the Company incurs to serve the Customer. The distribution charge also shall include any capital recovery mechanism. The distribution charge shall be determined by the Company based on Company's evaluation of competitive and overall economic market conditions and the opportunity for the Company to expand its system into areas not served with natural gas as applicable. Such evaluation may include, but is not necessarily limited to: the cost of gas which is available to serve Customer; the delivered price and availability of Customer's alternate fuel or energy source; the nature of the Customer's operations (such as load factor, fuel efficiency, alternate fuel capacity, etc.); and the opportunity to extend gas service to areas not supplied with natural gas. As used herein incremental cost shall include operations and maintenance the depreciation expense for facilities used to provide service to the Customer, the return on the facilities computed at the rate of return approved in the Company's most recent rate case, and associated taxes. 2. The Commodity Charge shall be the rate per therm for gas used computed to be the incremental cost of purchasing or producing gas, if taking supply from the Company. 3. The Company may permit the Customer to combine the accounting for the gas load delivered to multiple meters serving the same premise for this service. INTERRUPTION AND CURTAILMENT In addition to the interruption and curtailment terms in the Rules and Regulations or the Company's Curtailment Plan, the Company shall have the right to curtail deliveries to Customer pursuant to this Rate Schedule: 1. If in the Company's opinion, Customer will overrun the volume of gas to which it is entitled from its supplier (or overrun the volume of gas being delivered to Company for Customer's account); or 2. in the event Company is notified by its supplier or pipeline transporter to interrupt or curtail deliveries to Customer, or deliveries of gas for uses of the same type or category as Customer's use of gas hereunder; or 3. when necessary to maintain the operational reliability of Company's system. CONFIDENTIALITY The Company and Customer each regard the terms and conditions of the negotiated service agreement as confidential, proprietary business information. The Company and Customer will utilize all reasonable and available measures to guard the confidentiality of said information, subject to the requirements of courts and agencies having jurisdiction hereof. Issued by: Effective: Carolyn Bermudez Vice President & GeReFal Mana W.,_Flodda P. q -a 1'1 City Gas Florida City Gas FPSC Natural Gas Tariff Volume No. 9 Original Sheet No. 59 LOAD ENHANCEMENT SERVICE (LES) (Continued) SPECIAL CONDITIONS 1. Service under this Rate Schedule shall be subject to the Rules and Regulations set forth in the tariff, except to the extent modified under this Rate Schedule and / or in a service agreement but such modification or exemption shall not apply to the minimum perquisite requirements set forth in the Applicability section of this Rate Schedule. 2. Term of Agreement: If the provision of service hereunder requires the installation of natural gas equipment at Customer's facility, Company and Customer may enter into an agreement as to the terms and conditions regarding the reimbursement of costs relating to such equipment. The initial term of the service agreement shall, at a minimum, be equal to the period of cost reimbursement. The rates established in the Monthly Rates section may be adjusted to provide for such cost reimbursement to the Company including carrying costs. 3. No later than 180 days prior to the expiration of this special contract, a Customer served under an LES contract may request a new contract under the terms and conditions of this tariff provision. If an agreement is not reached by the end of the term, the agreement will convert to the applicable General Services tariff (based on volume) until a new contract has been approved by the FPSC and executed by the parties. 4. Automatic Meter Reading (AMR) equipment capable of providing daily readings is required for Customers served under this Rate Schedule. See the Rules and Regulations for Metering for terms and conditions related to AMR's. 5. When entering into a service agreement with a Customer under this Rate Schedule, Company will take reasonable steps to mitigate the potential of any revenue shortfalls between the revenues received under a service agreement and the total cost and expenses relating to the associated capital investment made by the Company, including minimum annual requirement. 6. The difference between the otherwise applicable tariff rate and the approved contract rate under this Rate Schedule may be subject to recovery through Rider "C", Competitive Rate Adjustment ("CRA"). Issued by: Melvin 1) VVilli;;mn Effective: n aFGh 13e 7!117 Carolyn Bermudez Vice President . Florida City Gas Florida City Gas FPSC Natural Gas Tariff Volume No. 9 Original Sheet No. 60 THIRD PARTY SUPPLIER (TPS) APPLICABILITY The provisions of this Rate Schedule shall apply to brokers, marketers, Customers intending to act as their own gas supplier, and other third party suppliers (collectively "Third Party Suppliers" or "TPS") of natural gas that wish to either act as agents for Transportation Customers or deliver natural gas supplies to Company's City Gate for Transportation Customers. Third Party Suppliers wishing to sell and/or deliver gas on the Company's system will be required to sign a Service Agreement in which they will agree to be bound by the terms and conditions of the Company's Tariff. TERM OF CONTRACT The term of the contract shall be at least three (3) years and from month to month thereafter unless terminated on thirty (30) days written notice. TERMS OF PAYMENT The TPS agrees to pay for all balancing and other transportation related charges determined by the Company to be billable to a TPS on behalf of their Customers as provided for in this tariff. All charges due from a TPS under this Rate Schedule shall be paid in full within 20 days of the billing date. The TPS and the Company will resolve any disputed amounts. Adjustments, if any, will be reflected on future billings. CREDITWORTHINESS Company shall not be required to permit any TPS who fails to meet Company's standards for creditworthiness to sell or deliver gas on its system. Company may require that TPS provide the following information: 1. Current financial statements (to include a balance sheet, income statement, and statement of cash flow), annual reports, 10-K reports or other filings with regulatory agencies, a list of all corporate affiliates, parent companies and subsidiaries and any reports from credit agencies which are available. If audited financial statements are not available, then TPS also should provide an attestation by its chief financial officer that the information shown in the un- audited statements submitted is true, correct and a fair representation of TPS's financial condition. 2. A bank reference and at least three trade references. 3. A written attestation from TPS that it is not operating under any chapter of the bankruptcy laws and is not subject to liquidation or debt reduction procedures under state laws, such as an assignment for the benefit of creditors, or any informal creditor's committee agreement. An exception can be made for a TPS who is a debtor in possession operating under Chapter XI of the Federal Bankruptcy Act but only with adequate assurances that any charges from the Company will be paid promptly as a cost of administration. Issued by: Carolyn Bermudez Effective: , 2994 Nice President, Sewthem 9peKatiesFlorida City Gas Florida City Gas FPSC Natural Gas Tariff Volume No. 9 Original Sheet No. 61 THIRD PARTY SUPPLIER (TPS) (Continued) CREDITWORTHINESS (Continued) 4. A written attestation from TPS that it is not subject to the uncertainty of pending litigation or regulatory proceedings in state or federal courts which could cause a substantial deterioration in its financial condition or a condition of insolvency. 5. A written attestation from TPS that no significant collection lawsuits or judgments are outstanding which would seriously reflect upon the TPS's ability to remain solvent. To remain in good standing, no uncontested delinquent balances should be outstanding for natural gas sales, storage, Transportation Services, or imbalances previously billed by Company, and TPS must have paid its account according to the established terms, and not made deductions or withheld payment for claims not authorized by contract. TPS shall furnish Company at least annually, and at such other time as is requested by Company, updated credit information for the purpose of enabling Company to perform an updated credit appraisal. In addition, Company reserves the right to request such information at any time if Company is not reasonably satisfied with TPS's creditworthiness or ability to pay based on information available to Company at that time. Company shall not be required to permit and shall have the ability to suspend any TPS who is or has become insolvent, fails to demonstrate creditworthiness, fails to timely provide information to Company as requested, or fails to demonstrate ongoing creditworthiness as a result of credit information obtained; provided, however, TPS may continue to sell / deliver gas on the Company's system if TPS elects one of the following options: (A) Payment in advance for up to three (3) months service as determined by the Company. (B) A standby irrevocable letter of credit in form and substance satisfactory to Company in a face amount up to three (3) months service. The letter of credit must be drawn upon a bank acceptable to Company. (C) A guaranty in form and substance satisfactory to Company, executed by a person that Company deems creditworthy, of TPS's performance of its obligations to Company. (D) Such other form of security as TPS may agree to provide and as may be acceptable to Company. Issued by: SuzaRRe SithepunedCarolyn Bermudez Vice President, Southern GpeFaFlorida City Gas Effective: DeGe ber 7, 2094 P.L4-aa3 Florida City Gas FPSC Natural Gas Tariff Volume No. 9 Original Sheet No. 62 THIRD PARTY SUPPLIER (TPS) (Continued) CREDITWORTHINESS (Continued) In the event TPS fails to meet the terms of this Creditworthiness section, Company may, without waiving any rights or remedies it may have, and subject to any necessary authorizations, suspend TPS until such time as they are deemed compliant by the Company. The insolvency of a TPS shall be evidenced by the filing by TPS, or any parent entity thereof, of a voluntary petition in bankruptcy or the entry of a decree or order by a court having jurisdiction adjudging the TPS, or any parent entity thereof, bankrupt or insolvent, or approving as properly filed a petition seeking reorganization, arrangement, adjustment or composition of the TPS, or any Parent entity thereof, under the Federal Bankruptcy Act or any other applicable federal or state law, or appointing a receiver, liquidator, assignee, trustee, sequestrator, (or similar official) of the TPS or any parent entity thereof or of any substantial part of its property, or the ordering of the winding -up or liquidation of its affairs. MONTHLY RATE Customer Charge $400.00 Charge for each Transportation Customer served by the TPS $6.07 DETERMINATION OF THE AVERAGE DAILY DELIVERY QUANTITY ("ADDQ") The ADDQ for each Customer without an AMR device will be calculated by the Company by dividing the Customer's usage for each of the most recent twelve (12) billing months by the total number of days in each billing month. Company may adjust Customer's ADDQ at any time, due to changes in Customer's equipment or pattern of usage. For new Customers, the initial ADDQ will be estimated by Company, based upon the rating of the Customer's gas equipment and expected utilization of the equipment. The TPS will be obligated to deliver the aggregate ADDQ each day for Customers it serves. The Company will notify TPS of its aggregate ADDQ obligation for each day of the next succeeding month ' n the Company's EBB, or other means as determined by the Company. If TPS does not agree with Company's determination of TPS's aggregate ADDQ, it must notify the Company in writing, h�ss+mile-within two business days no later than 5:00 p.m. Eastern Standard Time. Company and TPS will reconcile any differences no later then 5:00 p.m. Eastern Standard Time on the twentieth (20th) of the month. Issued by:Carolyn Bermudez Effective: -Dere be{ 7, 2094 ,%r—Vice President, Southern QpeFat Florida City Gas P, L4 -aa 5 Florida City Gas FPSC Natural Gas Tariff Volume No. 89 Original Sheet No. 5563 THIRD PARTY SUPPLIER (TPS) (Continued) NOMINATIONS FOR SERVICE I its Qwstemersfef the-n4GRV;. The TPS daily nominations shall consist of the ADDQ amount as provided by the Company, if applicable, plus an amount to meet their non-ADDQ Customers daily requirements. The TPS shall use its best efforts to match their daily nominations to ADDQ and non-ADDQ requirements for the Customers it serves. Failure to provide nominations may result in suspension of service to Customers of the offending TPS. In addition, TPS must identify interstate pipeline contract(s) on which deliveries will be made to the Company's distribution systemon the Company's EBB conforming with NAESB cycles. Failure to comply with the Company's nominating procedures may result in curtailment of third party gas deliveries or additional monthly cash -outs. Company reserves the right to require daily balancing, and shall have the right to curtail service to ensure deliveries on a uniform basis and to correct any imbalances. Company shall be entitled to retain at no cost to Company a percentage of the quantity of gas delivered by or for the account of Customer at each Receipt Point for transportation to Customer, as gas which shall be deemed to be an allowance for transportation shrinkage in the performance of service under each applicable Rate Schedule. Such percentage shall not be higher than 1.5% without prior approval of the Florida Public Service Commission. The Company shall have the right to adjust the percentage from time to time to reflect the actual operating experience of the Company and/or any change in the methodology used by Company to calculate the amount of gas deemed as transportation shrinkage. Upon request, Company shall furnish to Customer information to support any such adjustment to such percentage. In making Nominations the TPS shall provide the following: (1) The pipeline company and the pipeline transportation contract identifiers under which gas deliveries will be made to the Company's distribution system. (2) The daily quantity of gas, expressed in MMBTU (Dekatherms), to be tendered at each receipt point, however the Company reserves the right to specify at which pipeline receipt point a TPS will deliver gas as a percentage of the TPS total monthly deliveries. (3) The estimated term of the nomination. (4) The name, address, and telephone number of a contact person that is available to receive communication from Company at any and all times and upon whose written and oral communications Company may exclusively rely. Issued by: Carolyn Bermudez Effective: Der.em-her 7, 2994 Nice President, 2e, ithern 9ffeFat Florida City Gas P. L4-arur7 Florida City Gas FPSC Natural Gas Tariff Volume No. 9 THIRD PARTY SUPPLIER (TPS) (Continued) NOMINATIONS FOR SERVICE (Continued) 64 (5) Any additional information as may be required by the Company in order to perform its functions as a Delivery Point Operator on the pipeline transportation system. If Customer's TPS fails to comply with provisions 1 through 5 above, Company may not schedule the commencement of service or change a prior nomination. DAILY NOMINATION PENALTIES The TPS shall deliver, or cause to be delivered, to the Company at the point(s) of receipt and receive, or cause to be received, from Company at the point(s) of delivery, on a uniform daily basis, that quantity of natural gas that has been Nominated for Service. Except for conditions of Force Majeure or per prior agreement with the Company to modify nominations, on any day that the sum of the actual daily quantity of natural gas received by Company ("Actual Receipts") varies from the sum of daily quantities Nominated for Service during such day for transportation at the points of receipt " " (Scheduled Volumes by more than ten percent of the Nominated Receipts, the Company may impose a penalty equal to Unauthorized Gas Use charge times the variance in excess of ten percent of the Nominated Receipts unless in its opinion the system or Customers receiving PGA service were not harmed as a result of the imbalance. The Company reserves the right to limit this imbalance to five percent upon twenty four hours notice to the TPS representatives. These charges are in addition to monthly cash -outs and any other imbalance charges and convey no rights to any quantities of gas to the TPS or its Customers. In the event of non-payment, these charges shall not be assessed to the TPS Customers by the Company. In addition, the Company shall not be required to continue to perform service for TPS Customers if their TPS fails to deliver adequate gas supplies per their daily nominations. The Company reserves the right to discontinue receipts from a TPS until the penalty is paid in full. PIPELINE IMBALANCES AND CHARGES Company and TPS recognize that Company may be subjected to imbalance charges from its interstate pipeline suppliers as a result of TPS's failure to deliver confirmed quantities of gas. In the event that Company is assessed penalties as a result of TPS's actions or omissions, TPS shall reimburse Company for such penalties as may be attributable to TPS's actions or omissions. The Company reserves the right to commingle and charge TPSs on a prorated basis, as determined by the Company, any pipeline charges related to transportation that are not readily identifiable to a specific TPS. Issued by: guzaRne SithepvnedCarolyn Bermudez Effective: Besember 7, 2904 Sr -.-Vice President, Sei-tharp Gp enSFlorida City Gas Florida City Gas FPSC Natural Gas Tariff THIRD PARTY SUPPLIER (TPS) (Continued) INDEMNIFICATION As between the Company and TPS, TPS warrants that it has clear title to any gas delivered into the Company's system, and TPS shall be deemed to be in exclusive control and possession of gas prior to its delivery into the Company's system for redelivery to Customer. TPS agrees to indemnify, defend and hold harmless Company from any and all claims, suits or damage actions arising out of deliveries on behalf of a transporting Customer. F • _%IelZUs]�11a Gas received by the Company from the TPS shall be allocated first to the GS classes being served under ADDQ in the order of increasing annual usage, then to NGV followed by the remaining GS classes in the order of increasing annual usage, then by KDS and lastly to FGS Customers. DAILY AND MONTHLY CONTRACT BALANCING Third Party Suppliers will be billed for all their Customers' balancing charges as follows: a) Daily Imbalance Charge The Company shall, within the existing limitations of its system, provide for balancing between gas requirements and actual gas deliveries, net of an adjustment for Company Use and Unaccounted for Gas, received by the Company for the account of the Customers served by the TPS that day. The Company shall not be obligated to provide gas service during an hourly, daily or monthly period in excess of the levels specified in the Rate Schedules under which Customers of the TPS are served. The Company reserves the right to require daily balancing on any other day in which the Company, in the exercise of its reasonable judgment, determines that such balancing is necessary for operational reasons. The Company will provide the TPS in all instances with at least twenty-four (24) hours advance notice that daily balancing will be imposed. In the event that daily balancing is imposed in accordance with this section, TPS shall be assessed the following charges for daily imbalances: Imbalance * Charge ** 0% to 5% $0.00 per therm 5.1% to 10% $0.10 per therm Underdeliveries > 10% $0.50 per therm Overdeliveries > 10% $0.10 per therm Issued by: Suzanne SsithepvnedCarolyn Bermudez Effective: , Sr—Vice President, Se+-ther 8peF -*�sFlorida City Gas P4 -g36 Florida City Gas FPSC Natural Gas Tariff Volume No. 9 Original Sheet No. 66 THIRD PARTY SUPPLIER (TPS) (Continued) DAILY AND MONTHLY CONTRACT BALANCING (Continued) a) Daily Imbalance Charge (Continued) *The Company reserves the right to limit daily imbalances to plus or minus 5% of the actual quantity received. If the Company limits daily imbalances to plus or minus 5%, all underdeliveries in excess of 5% shall be considered Unauthorized Gas Use and shall be subject to the Unauthorized Gas Use charges. **The Company may suspend overdelivery charges if it determines such overdeliveries would be beneficial to the systems operation. All TPSs will automatically be placed in a non-discriminatory daily balancing pool. The Company will aggregate the deliveries and receipts of gas of all TPS Customers participating in the pool for the purpose of determining whether imbalance charges will apply. In the event that charges are nonetheless assessed to certain TPSs, such charges will be no greater than the charges that otherwise would have been assessed if the Company did not have a daily balancing pool. TPSs trading imbalances will nonetheless have to set their own prices or methods by which over or under balances will be traded among individual TPSs. b) Monthly Imbalance Cash -Out Charge At the conclusion of every month, the Company will cash out imbalances between TPS's deliveries and their Customers consumption made up of actual and or estimated volumes as follows: Underdeliveries (1) Overdeliveries (2) Imbalance Level Factor Factor 0 to 5% 1.00 1.00 5.1% to 20% 1.10 0.90 > 20% 1.20 0.80 The Company reserves the right to gross up Customer's total consumption for fuel loss at a rate not to exceed 1.5%. (1) For underdeliveries the amount due to the Company shall be the Imbalance Quantity multiplied by the product of the corresponding Imbalance Level Factor and the applicable price per therm. The price per therm shall be the higher of the total GS -25k Sales Service rate or the monthly average spot price of gas delivered to Florida Gas Transmission at St. Helena Parish, as reported in Natural Gas Week plus Florida Gas Transmission Company's transportation cost and fuel, if applicable. In the event that this price is no longer available or the basis upon which such price is reported or calculated in such publication changes substantively, Company will file to change its tariff and may, at its discretion, select a representative price in the interim period, subject to FPSC approval. Issued by: Carolyn Bermudez Effective: DeGeFnbeF 7,220-0-4 -Vice President, Se-t#er-a Florida City Gas Florida City Gas FPSC Natural Gas Tariff THIRD PARTY SUPPLIER (TPS) (Continued) DAILY AND MONTHLY CONTRACT BALANCING (Continued) b) Monthly Imbalance Cash -Out Charge (Continued) (2) For overdeliveries the amount payable by the Company shall be the Imbalance Quantity multiplied by the product of the corresponding Imbalance Level Factor and the applicable price per therm. The price per therm shall be the Company's lowest supplier commodity rate applicable to the billing month in which the Customer overtendered gas to the Company, or the monthly average spot price for gas delivered to Florida Gas Transmission at Tivoli, as reported in Natural Gas Week plus Florida Gas Transmission Company's transportation cost and fuel, if applicable. In the event that this price is no longer available or the basis upon which such price is reported or calculated in such publication changes substantively, Company will file to change its tariff and may, at its discretion, select a representative price in the interim period, subject to FPSC approval. The offering of gas service above the 5% allowed imbalance for the month is at the sole discretion of the Company. If it determines that it cannot continue to provide such service or that it must limit such service, it will notify TPSs served under this Rate Schedule. The use of service above the level allowed by the Company after notification shall constitute Unauthorized Gas Use and shall be subject to the Unauthorized Gas Use charges specified in the Rules and Regulations section of this tariff. CAPACITY ASSIGNMENT TPSs will be required to obtain firm interstate pipeline capacity into the Company's distribution system at points designated by the Company at a quantity equivalent to their Customers' aggregate ADDQ. TPSs that do not demonstrate sufficient interstate firm capacity will be required to accept assignment of such capacity from the Company. The Company will assign each of its firm Interstate pipeline capacity contracts in proportion to the Company's total capacity portfolio at the current the Federal Energy Regulatory Commission approved rates. Refer to Rules and Regulations Section 12 (Transportation - Special Conditions) for the terms associated with the Capacity Assignment process for TPSs. TREATMENT OF REVENUE All revenue produced under this Rate Schedule derived from any balancing charges or other revenue related to the recovery of gas costs, exclusive of applicable taxes and assessments, shall be credited to the Purchased Gas Adjustment Clause. STANDARDS OF CONDUCT In addition to the above terms and conditions, TPS' must agree to comply with any standards of conduct or other requirements set forth by the Florida Public Service Commission. Issued by:Carolyn Bermudez Effective: ID8G8mbeF 7, 2994 -Vice President, Se-therp OpeFat Florida City Gas P 4-a34 Florida City Gas FPSC Natural Gas Tariff Volume No. 9 Original Sheet No. 68 TRANSPORTATION SUPPLY SERVICE (TSS) APPLICABILITY Service is available to a TPS who signs a service agreement with the Company. CHARACTER OF SERVICE At the Company's discretion gas will be made available for this service only to the extent that such gas supplies can be incrementally purchased providing that Company facilities are suitable and gas supplies can be secured for this service. The Company reserves the right to interrupt this service upon two (2) hours notice at its sole discretion. *CHARGES 1. An Annual Service Charge of $500 shall be assessed upon the initial request for this service. This charge will be reassessed for subsequent requests made after June 30 of any year. 2. A Daily Usage Charge of $50.00 shall be assessed for each day this service is utilized. 3. The Commodity rate per therm for gas used shall be computed to be the higher of a) the PGA or b) the incremental cost of purchasing or producing said gas plus $0.0750 per therm. *The charges set forth in this Rate Schedule will be adjusted for all other applicable Riders of this Tariff and any additional taxes, assessments or similar charges that are lawfully imposed by the Company. TERMS OF PAYMENT Bills are due upon receipt by the TPS and become delinquent if unpaid after expiration of twenty days from date of mailing or other delivery thereof by the Company. SPECIAL CONDITIONS . 1. Gas Supply: gas purchased for sale under this Rate Schedule shall not be included as part of the gas costs that are recoverable through the PGA Charge. 2. Balancing: gas supplied under this rate schedule shall be deemed a gas delivery by the TPS for purposes of applying the Daily and Monthly Contract Balancing terms of the TPS Rate Schedule. Issued by:Carolyn Bermudez Effective: , 2994 Sr -Vice President, 2Q.-thArn Gperati Florida City Gas Florida Cify Gas FPSC Natural Gas Tariff Volume No. 9 Oriqinal Sheet No. 69 P. 4 -,R,31 TRANSPORTATION SUPPLY SERVICE (TSS) (Continued) SPECIAL CONDITIONS (Continued) 3. Rules and Regulations: service under this Rate Schedule shall be subject to the Rules and Regulations set forth in the tariff, except to the extent modified under this Rate Schedule and / or in a service agreement. Issued by: SuzanRe SitheRv arolyn Bermudez Effective: DeGembeF 7, 20 Nice President, 9GWth8FR BpeFati Florida City Gas Florida City Gas OFF -SYSTEM SALES SERVICE (OSS) AVAILABILITY Throughout the service areas of Company, and of any interstate or intrastate natural gas pipeline serving the Company (collectively, the "Pipelines") APPLICABILITY Interruptible Gas delivered by Company through the facilities of a Pipeline, using Company's transportation capacity rights on such Pipeline, to any person not connected to Company's distribution system. CHARGES Customer Charge None Transaction Charge $100.00 per transaction Commodity Charge As set forth below , For all Scheduled Quantities (as such term is defined in Special Condition 4 below), the Commodity Charge per therm shall be established by agreement between Company and Customer prior to each transaction pursuant to this Rate Schedule. The Commodity Charge for service pursuant to this Rate Schedule shall be determined by Company based upon Company's evaluation of competitive conditions. Such conditions may include, but are not necessarily limited to: the cost of gas which is available to service Customer: the delivered price and availability of Customer's designated alternate fuel; and the nature of Customer's operations (such as load factor, fuel efficiency, alternate fuel capacity, etc.). Company may from time to time increase or reduce the Commodity Charge as it deems necessary or appropriate to meet competition or remain competitive, but shall have not an obligation to do so. The Commodity Charge per therm shall include, at a minimum, the cost per therm of the Gas delivered to Customer pursuant to this Rate Schedule, including all variable costs incurred by Company for (or in connection with) Pipeline transportation and all applicable taxes. Company's Purchase Gas Cost Recovery Adjustment Clause, Energy Conservation Cost Recovery Clause and Competitive Rate Adjustment Clause shall not apply to purchases of Gas made by Customer Pursuant to this Rate Schedule. Issued by: Carolyn Bermudez Effective: Desee;beF;z Sr. Vice President, 2ee##erp Gper-atiepsFlorida City Gas Florida City Gas FPSC Natural Gas Tariff Volume No. 9 Original Sheet No. 71 OFF -SYSTEM SALES SERVICE (OSS) (Continued) SPECIAL CONDITIONS 1. Neither Customer nor Company shall have any obligation to other for any specific minimum quantity of Gas or pipeline capacity on any day or during any month, and deliveries pursuant to this Rate Schedule shall be subject to curtailment or interruption at any time in the sole discretion of Company. 2. Disposition of Net Revenues and Transaction Charges. For purposes of this paragraph "net revenues" shall equal the difference between the Commodity Charge and the cost of gas delivered to Customer inclusive of all taxes and adjustments. Fifty percent (50%) of all net revenues shall be retained by Company. The remaining fifty percent (50%) of such net revenues (and all Transaction Charges) shall be used to reduce Company's cost of gas recovered through the Purchased Gas Cost Recovery Adjustment Clause. 3. Interruption and Curtailment. Company may notify Customer at any time to reduce or cease using gas. Company will endeavor to give as much notice as possible to Customer. Any gas taken in excess of the volume allocated to Customer in an interruption or curtailment order shall be considered Unauthorized Gas Use. Company may bill and Customer shall pay for such unauthorized use per the charges in the Rules and Regulations - Unauthorized Gas Use section. 4. For each day on which Customer desires to receive service pursuant to this Rate Schedule, Customer shall provide a nomination to Company specifying the quantity of Gas it desires to receive at the specified point of delivery pursuant to this Agreement. Following receipt of a timely and complete nomination from Customer, Company will confirm the quantities of Gas to be made available for delivery to Customer at such point of delivery. Quantities confirmed by Company for delivery shall be "Scheduled Quantities". 5. The point of delivery for all gas sold pursuant to this Rate Schedule shall be the delivery point,of the delivering Pipeline specified by Customer. 6. Except as modified by the provisions set forth above, service under this Rate Schedule shall be subject to the Rules and Regulations set forth in this tariff. Issued by: Carolyn Bermudez Effective: -Der-,ember 7, 2004 -Vice President, 2owtherm QpeFatiems-Florida City Gas '"(� 1 4,94o Florida City Gas FPSC Natural Gas Tariff Volume No. 9 Original Sheet to 72 Economic Development Gas Service (EDGS) AVAILABILITY Service under this Schedule is available in con'unction with other applicable Commercial or Industrial rate schedule to any qualifying person that meets the eligibility requirements APPLICABILITY To receive service under this Rate Schedule the Customer's written application to the Company shall include sufficient information to ermit the Company to determine the Customer's eligibility. Eligibility Requirements: A qualifying person must intend to become a new Customer with the intent to utilize natural gas to provide significant economic development or environmental benefits within the State of Florida or in a manner that increases system utilization, be an existing Customer that materially expands its use of natural gas that provides significant environmental or economic development benefits within the State or that increases system utilization or be a new or existing Customer that meets other criteria as determined approoriate by the Florida Public Service Commission Significant Economic Benefit: Customers must intend to: create new iobs or avoid potential iob reductions in the State be identified as a prospect by applicable state count or munici al economic development entity: or otherwise provide material benefits in the areas' economic development. Significant Environmental Benefit: Customers must intend to: install or modernize equipment that uses energy more efficiently reduce carbon emissions: achieve goals under a State or Federal Energy Plan or Policy as may be established from time to time; or otherwise intend to Provide measureable benefits to improve Florida's environment Qualifying Volumes: To be eligible for service under this rate schedule a new Customer must _contract to purchase and/or transport at least 1.,000 Dth annually. An existing Customer must contract to purchase and/or transport of at least 1,000 Dth of additional gas annually. The increase in the volume of gas purchased or transported shall result from an in increase in business activity and not merely from the resumption of normal operations following a period of abnormal operating conditions. If in the Company's sole judgement an abnormal period has occurred as.a result of a strike a ui ment failure or any other abnormal condition during the twelve (12) month period prior to the date of the application by the Customer for service under this rate schedule the Company shall ad ust the Customer's consumption to eliminate an abnormal conditions. The Company, through use of historical data shall determine the base annual consumption for existing Customers Volumes in excess of the base annual consumption shall be used to evaluate the eligibility of the Customer to receive service under this rate schedule. Loads which are or have been served b the Com an durin all or art of the twelve 12 month period prior to service under this Rate Schedule and which are relocated to another metering point within the Company's service area shall not qualify for this Rate Schedule Issued bv: Carolyn Bermudez Effective: Vice President Florida City Gas PF L4 -a4 Florida City Gas FPSC Natural Gas Tariff Economic Development Gas Service (EDGS) Continued The existing facilities of the Company must be adequate in the sole judgment of the Company to supply the new or expanded natural gas requirements If construction of new or expanded local facilities by the Company is required the Customer may be required to make a Contribution in Aid of Construction for the installed cost of such facilities. The Companv will evaluate the Customer's request for service and determine the necessity of a Contribution in Aid of Construction for facilities based on the Extension of Facilities provisions in the Company's filed tariff. The Customer must execute a contract for service under this tariff for a minimum of 10 vears. All other terms and conditions of the com anion rate schedule under which service would otherwise be provided shall apply to service provided under this rate schedule The Company shall review the Customer's consumption each Year to determine whether the Customer has fulfilled the usage requirement to be eligible for service under this rate schedule If, on an annual basis the Customer fails to fulfill the usacie requirement for service under this tariff future service may be provided under the applicable rate schedule that would otherwise apply. CUSTOMER CHARGE A full monthly Customer charge per meter as provided under applicable companion tariff is Payable regardless of the usaae of gas MONTHLY RATE The non -gas charges that would be billed in accordance with the applicable rate schedule that would otherwise apply to the qualifying volumes if service was not providing under this rate schedule shall be multiplied bv the following Adiustment Factors to determine the monthly bill related to the qualifying volumes. For a new Customer the factor will be applied to the charges for the total volume delivered. For an existingCustomer the factor will be a lied to the charges applicable to the volume in excess of the base annual volumes For monthly billing purposes 1112th of the base annual volume shall be deducted from actual measured consumption to determine the volume eligible for the discounted factor. The factor will not be applied to the monthly Customer charge Contract Discount from Year Billing Months Adiustment Factor Companion Rate Schedule 1st through 12th 60% 40% 2 13th through 24th 70% 30% 3 25th through 36th 80% 20% 4 37th through 48th 90% 10% Beyond the 48th Month 100% 0% Issued bv: Carolyn Bermudez Effective: Vice President, Florida City Gas Florida City Gas FPSC Natural Gas Tariff Volume No. 9 Original Sheet No 74 Economic Development Gas Service (EDGS) Continued If the volume of qas purchased or transported in a contract year is less than the volume specified in the contract the difference in the actual volume and the volume specified in the contract shall be deemed a volume deficienc . For any volume deficiency, the Customer shall be billed an amount equal to the non-gas volumetric charge that would have been billed for the delivery of the volume equal to the deficiency. The bill shall be computed in accordance with the applicable rate schedule that would otherwise apply subiect to the discount provided under this rate schedule. PAYMENT TERMS All bills for service are due upon presentation The stated net amount shown on the bill shall apply if pavment is received on or before the date as specified on the bill Payments received after that date shall be assessed late Payment charges as defined in Section of the Company's tariff. BILLING ADJUSTMENTS Bills for qas service hereunder shall be subiect to adiustment for the applicable taxes fees and the cost of purchased aas in accordance with Purchased Gas Adiustment (PGA) and shall be subject to other adiustments charges and/or credits as determined to be applicable to the applicable rate schedule under which the Customer would otherwise be served The adiustment _factor provided under this rate schedule will not be applied to the PGA and other adiustments factors. Issued by: Carolyn Bermudez Effective: Vice President, Florida City Gas P, q-0�4 Florida City Gas FPSC Natural Gas Tariff RIDER "K Purchased Gas Adjustment ("PGA") Applicable to all Customers taking SaleSom the Comer all pany CSG and NGV Rate Schedules. The PGA Charge,as defined herein, is designed toecoverhe r fuel used as a for or ementa to cost to the Company of purchased San or transporting orting said gases ur fuel, the cost) of f nanlcial purchased gas including the cost of storing p from the instruments employed to stabilize gas costs, other tas or xes nts inrconnecti n with thedits as may e purch se operation of other tariff provisions, andaxes and assess m and sale of gas. A. The rate per therm for gas supplied in any billing period shall be adjusted by the Company's expected weighted average cost ogas f WACOG, and other Justmmayenot exceents as d tfied he and approved by the Florida Public Service Commission approved purchased gas crecovery accordance w th the methodologygas uadopted by rchases for the twelve-month period ending December 31st,ed by the Commission. The factor determineeS{ sset forth ttherm ove Moll be applied the total0nu0mber 3 for regulatory fees, and rounded to the near $0.00001 peeriod. of therms consumed by the Customer during the billing p B. The PGA cap recovery factor approved by the C o Commission therm. the billing months of January 244-720-18-72018 through December 20-1-72018 is $0.88 per C. if re -projected gas cost expenses for the remaining period exceed projected recoveries by at least 10% for the twelve-month period, a midcourse correction may foupon all onbee requested by the Company. For changes in market conditions and costs, the Company, p day's notice to the Commission, shall have xhten option the increase does not exceed the authorized upward (increasing the WACOG) to the eed for prior differences cap. The current month WACOG may be adjusted exceed eed tthe approved cap for he period between projected and actual costs of gas purchased, but may D. Any overrecovery or underrecovery of purchased gas costs efunded t Customer or Company as a result of adjustments made pursuant to the above shall be"trued-up" periods an adjustment to the collected by Company) with interest, during succeeding billing WACOG, in accordance with the methodology adopted by the Commission, or as such methodology may be amended from time to time by further order of the Commission. A X1n-17 tttective: � �� • Issued by: Carolyn Bermudez Florida Vice President; Ci Gas Florida City Gas FPSC Natural Gas Tariff Volume No. 89 RID�B» € ri inal Sheet No. 6576 Ener Conservation Cost Recovery Adjustment ("ECCR" served r the Rideres shown in the table below Applicable to all Customers except for those Customers receiving a discount unde The Distribution Charge for the applicable Rate Schedules shall be increased or decreased for the ECCR Rider to reflect the recovery factotroof r1 I00503xanddrourndedes y to thethe onearest The ECCR factor shall be multiplied by he tax $0.00001 per therm. The Company shall record both projected and actual expenses and revenues associated with the implementation of the Company's Energy Conservation Plan as authorized by the Commission. The procedure for review, approval, recovery, and recording of such costs and revenues is set forth in PSC Rule 25-17.015. The cost Xrecovery factors including tax m 2multiplier 018f forthetwelve month period from dam aryAuaust 1, 2018 through December , t Issued by: CarolynBermudez Florida Vice President, gi y_Gas ctive: Florida City Gas FPSC Natural Gas Tariff QwW&Q--mss RIDER "C" Competitive Rate Adjustment ("CRA" Applicable to all Customers except those takingnservice under Rate cal dulesct KDS, TSS, OSS, LES or under The Distribution Charge for gas sold or transported after une h t30,he f 1991, t customers ussprovisions,rfto whom this charge applies, is subject to adjustment in accord prior shortfalls or surpluses. f this clause, the following definitions shall apply: A. For the purposes o in Revenue derived from (1) "Actual revenue" means Company's Rate uSchedule during a determination. service provided on the period. (2) "Base revenue" means the MALES Rate Schedgin Revenue uch le a durng a determination ny would have derived had all gas solddeFon the°F� p"��r period, been sold under Rate Schedules GS -120K, GS 225N1 250K GC -11 M and GS- I 44591E -25M. (3) "Surplus" means the amount, if any, by which Company's actual revenue exceeds its base revenue for a determination period. (4) "Shortfall" meansdetermination the , if period by which Company's base revenue exceeds its actual revenuefor a B. The existence of a shortfall or surplus shall be determined by comparing Company's actual revenue with its base revenue.0histh deter on period").hall be made each year for the actual twelve months ending September C. A surplus refund or shortfall recovery shall be impbuonmted duringCharge a Hadmucharge stment period" beginning January 1St by reducing or increasing the Distr prescribed in each applicable Rate Schedule of this tariff by an adjustment factor computed as follows and multiplied by the tax factor of 1.00503 and rounded to the nearest $0.00001 per therm. In the event of a surplus, subtract the amount derived from dividing the Surplus Refund due to Customers by the projected therm sales for these Customers. In the event of a shortfall, add the amount derived from dividing the Shortfall Recovery by the projected therm sales for these Customers. the Any variation between the actual surplus �eendto customers the actual shortfall drecovery ndtthe calculated pursuant to the preceding paragraph, orb during the which Company elected to recover in an adjustment period, shall be "trued -up" succeeding adjustment period pursuant to methodology approved by the Commission. D. Company may defer all or any portion of a shortfall recovery to a subsequent adjustment period or portion thereof. Carolyn Bermudez Effective: Issued by: Vice President, Seuthem �atier�sFlorida City Gas Florida City Gas FPSC Natural Gas Tariff Volume No. 89 G•T„_o�Ori incl Sheet No. X78 RIDER "_D" P. 4-ck rws7m�wnrenn I I I I 4ple I I 2- 4 4 a -A I44- 4/I 9 I 1 7 AIGS Iww r 2*44+'i 4 I I I 4-7 I I I 2 I I I I 24 i Applicable to all Customers served under the Rate Schedules shown in the table below except for those Customers receiving a discount under the AFD Rider. Through its SAFE Program, the Company has identified the potential replacement projects focusing initially on area of limited access/pipe overbuilds, and risk assessment for Rear Lot Mains and Services considering: i. The pipe material; ii. Leak incident rates; iii. Age of pipeline; iv. Pressure under which the pipeline is operating. The Eligible Infrastructure Replacement includes the following: Company investment in mains and acements focomponentsr the ationRear Lof Facilities, and regulatory station and other distribution system which is required as a consequence of the replacement of the aforesaid facilities that: i. do not increase revenues by directly connecting new Customers to the plant asset; ii. are in service and used and useful in providing utility service; and iii. that were not included in { m stlrecent general base ate proceeding. s rate base for purposes of determining the Company's base rates m The Company is recovering its revenue requirement on the actual investment amounts. The revenue requirements are inclusive of: 1. Return on investment as calculated using the Company's weighted average cost of capital as calculated in the Company's most recent year-end surveillance report; 2. Depreciation expense (calculated using the currently approved depreciation rates); 3. Customer and general public notification expenses associated with the SAFE Program incurred for: Effective: Issued by: Carolyn Bermudez Florida Vice President, Ci_ ter Gas Florida Cit v Gas FPSC Natural Gas Tariff P. 4-a6,� Vel $ Ori inal Sheet No. 79 Volume No. 9 I RIDER " 2' SAFETY ACCESS AND FACILITY ENHANCEMENT CEME �iT rSAFE) PROGRAM all Customers regarding the implementation of the SAFE Program and the approved surcharge factors; i, the immediately affected Customers where the eligible infrastructure is being replaced; and iii, the general public through publications (newspapers) covering the geographic areas of the eligible infrastructure replacement activities; 4. Ad valorem taxes; and 5. Federal and state income taxes. sts The Company is utilizing a surcharge mechanism the revenue requ rehmen�t for the SAFE associated with the SAFE Program. The Company has p Program using the same methodology approved in its most recent rate case. The SAFE revenue requirement will be allocated to each Customleission forr class Rate Schedule) using the SAFE Program Theoperlon Customer factors established by the Florida Public Service Com SAFE surcharge is calculated by dividing the a se revenue requirement allocated to each Customer class by the number of customers m The cost recovery factors including tax multiplier for the twelve month period from Jasua4y6ggLu—st 1, X2018 through December 31, 22018 are: Rate Class Rates Per Customer Rate Schedule 64RS-1 $430.00 Rate Schedule QRS -100 $0.00 Rate-Ss� -$ - `� Rate Schedule 49RS-600 $4=540.00 Rate Schedule GS -1-2k X00.00 Rate Schedule GS -6K Rate Schedule GS -25K $.0.00 Rate Schedule GS-6(*120K $4-=-20- Rate Schedule GS-2-91E1.250K $4-1q-19-0 Rate Schedule GS -2481411M $4 -4 -7 -01 -.Lo Rate Schedule GS -a--2 -- M Rate Schedule GL .00 Rate Schedule RSG Rate Schedule -CSG $-X30.00 Effective: Issued by: Carolyn Bermudez Florida Vice President, City Gas Florida City Gas FPSC Natural Gas Tariff i RIDER " M' (Continued) Procedure for Establishing SAFE Revenue Requirements The SAFE Revenue Requirements and any ed changes thereto SAFIl be E Revenues shall be ted and implemented in accordance with the provisions con subject to refund based upon a finding and order of the Commission to the extent provided in this Rider. annually in The Company shall calculate itsSAFE Bate petvenue Rons' with the Commission hseek ng to prescribed by this Rider and shall file the app p irements and Surcharge. The annual filings shall establish or change the SAFE Revenue Requ include the following: cement costs 1. An annual final true -up filing showing the actual cent 12 -month historical period from January 1 acs part of tual SAFE Revenues for the most through December 31 that ends prior or tocthne l petition of the actluagEAgible Replacement the Company shall include a summary comparison costs and SAFE Revenues to the estimated or te same Eligible bod covered by the filing nn SAFE Revenues previously reported paragraph (2) of this section. The filing shall also include the final over- or under - recovery of total SAFE Revenue Requirements for the final true -up period. months al and five 2. An annual estimated/actual true-up filing costs and any SAFE Revenuesucollected or months projected Eligible Replacement projected to be collected during the estimated/actual true -up period: The filing shall also include the estimated/actual over- or under -recovery of total Eligible Replacement costs for the estimated/actual true -up period. 3. An annual projection filing showing 12 months projected SAFE Revenue Requirements for the period beginning January 1 following the annual filing hearing. 4: An annual petition. setting forth 12 month denodFbegR Hing Janevenue uary 1rf (lowing the ents and Surcharges to be effective for the p annual hearing. Such proposed SAFE Revenue Requirements aand(3) of this secthall take into account the data filed pursuant to paragraphs (1), ( ) d The Company shall establish separate accounts or subaccounts for each Eligha I Replacement for purposes of recording ubaccount forincurred for each any revenues derived from SAFE Surcharges. roject. The Company s also establish a separate account or Issued by: Carolyn Bermudez Florida Vice President, Cid --Gas Ov-,x-q Florida City Gas FPSC Natural Gas Tariff I�Volum�eNo* 9 1 SAFETY ACCESS AND FACT (ITY En ed) PR CEMENT (SAFE) OGRAM RIDER 2 -FM' Calculation of the SAFE Revenue Requirements and SAFE Surcharges In determining the SAFE Revenue Requirements, the Commission shall consider only (a) the net original cost of Eligible Replacements (i.e., the original cost); (b) theapplicable depreciation ission based on the Company's most rates as determined and approved by the de rec depreciation associated with the Eligible Replacementst depreciation study; (c) the accumulated P (d) the current state and federal income and ad valorem taxes; and (e) the Company's weighted average cost of capital as calculated in the Company's most recent year-end surveillance report. The SAFE Revenue Requirements shall be calculated as follows: Line Descri tion Value 1.6329 Source calculatedmostase ate lculedito 1 Revenue Expansion Factor enc taxnt roc i n current rates A % Effective Property Tax Rate for most recent 2 Ad Valorem Tax Rate 12 Months ended December 31 $ Eli ible Re lacement Mains 3 Mains $ Eli ible Replacement Services 4 Services $ Eli ible Replacement Regulators 5 5Other Re ulators $ Eli ible Replacement Other $ L3+L4+L5+L6 7 1 Gross Plant $ Previous Period Balance +L13 8 Accumulated De reciation Non-interest Bearing 9 Construction Work In Pro ress � L7-L8+L9 10 Net Book Value $ L10 +Balance From Previous 11 Avera a Net Book Value $ L 11 X Company's weighted average cost of 12 Return on Average Net Book capital as calculated in the Company's most Value recent ear -end surveillance re ort $ Lines 3,4,5 & 6 X applicable approved 13 Depreciation Expense De reciation Rates 14 Pro ert Tax $ $ L7 -L8 X L 2O&M ex ense incurred as a result of eligible P 15 Customer and general public applicable plant replacement notification and other 16 ex ense SAFE Revenue Re uirement $ L12+L13+L14+L15 X L1 Issued by: Carolyn Bermudez Florida Vice President, City Gas P, 4-cq&I ATTACHMENT B INTERIM INCREASE TARIFF SHEETS (CLEAN AND LEGISLATIVE FORMAT) FLORIDA CITY GAS FPSC NATURAL GAS TARIFF VOLUME NO. 8 Effective with meter readings on and after December 7, 2004 Revised June 5, 2017 The following pages have been revised: Rules and Regulations -Second Revised Sheet 16 Rules and Regulations -First Revised Sheet 17 Rules and Regulations -Revised Sheet 17A PGA Cap Rate — Fifteenth Revised Sheet No. 64 ECCR Factors — Fourteenth Revised Sheet No. 65 SAFE Factors — Second Revised Sheet No. 71 Florida City Gas FPSC Natural Gas Tariff Revised Sheet No. 23 Volume No. 8 GENERAL SERVICE APPLICABILITY Service is available to Customers using between 0 and 99 therms per year as determined by the Company. CHARACTER OF SERVICE A firm delivery service of natural gas, or its equivalent, delivered by the Company or Customers' Third Party Supplier ("TPS") with a heating value on the order of 1,100 British Thermal Units per cubic foot. *MONTHLY RATE Customer Charge Distribution Charge, per therm Commodity Charge Gas Supply from PGA $8.00 $0.064930 Per Rider "A" Gas Supply from TPS $8.00 $0.64930 Per TPS Agreement *The charges set forth in this Rate Schedule will be adjusted for all other applicable Riders of lly imposed by this Tariff and any additional taxes, assessments supply similar a TPS will be charged harges that are uby the TPS or the Company. A Customer that receives gas Supp y commodity according to any agreement between the Customer and the TPS. Only Non -Residential Customers are eligible to receive gas supply from a TPS. MINIMUM BILL The minimum monthly bill shall be the Customer Charge. TERMS OF PAYMENT Bills are due upon receipt ofbma mailing or other delivery Customer and thereof by the Company. ecome delinquent if unpaid after expiration of twenty days from da 9 SPECIAL CONDITIONS OF SERVICE 1. Application of this rate is subject to the general Rules and Regulations of the Company as they may be in effect from time to time and as filed with the regulatory authorities. 2. Each year the Company shall re -determine each Customer's eligibility based on their annual usage. If reclassification o another nretroactive. tr schedule is appropriate such reclassification shall be prospective only and shall not be by: Carolyn Bermudez Vice President, Florida City Gas P. 4-a&Al 7 Florida City Gas FPSC Natural Gas Tariff Revised Sheet No. 25 Volume No. 8 GENERAL SERVICE - 100 (GS -100) APPLICABILITY Service is available to Customers using between 100 and 219 therms per year as determined by the Company. CHARACTER OF SERVICE ent, delivered by the Company or A firm delivery service of natural ith a heating value gas, or its on the order of ,100 British Thermal Customers' Third Party Supplier (TP ) Units per cubic foot. *MONTHLY RATE Customer Charge Distribution Charge, per therm Commodity Charge Gas Supply from PGA $9.50 $0.59498 Per Rider "A" Gas Supply from TPS $9.50 $0.59498 Per TPS Agreement "The charges set forth in this Rate Schedule will ob s collar charges thatjusted for all lawfully imp sed by er applicable Riders of this Tariff and any additional taxes, assessments the Company. A Customer that receives gas supply from a TPS will be charged by the TPS for commodity according to any agreement b etas supply from a TPS.the customer and the TPS. Only een Non -Residential Customers are eligible to 9 MINIMUM BILL The minimum monthly bill shall be the Customer Charge. TERMS OF PAYMENT Bills are due upon receipt by the Customer elved unpaid after expiration of twenty days from date of mailing or otherdelivery thereof by the Company. SPECIAL CONDITIONS OF SERVICE 1. Application of this rate is e to1ect to the general Rules and Regulations time and as filed with the regulatory authorities. the Company as they may be in effect from time 2. Each year the Company shall re -determine each Customer's eligibility based on their annual usage. If reclassification to another schedule is appropriate such reclassification shall be prospective only and shall not be retroactive. Y Issued by: Carolyn Bermudez Effective: Vice President, Florida City Gas Florida City Gas FPSC Natural Gas Tariff Volume No. 8 GENERAL SERVICE - 220 (GS -22-0 APPLICABILITY Revised Sheet No. 27 Service is available to Customers using between 220 and 599 therms per year as determined by the Company. CHARACTER OF SERVICE A firm delivery service of natural gas, or its equivalent, delivered by the Company or Customers' Third Party Supplier ("TPS") with a heating value on the order of 1,100 British Thermal Units per cubic foot. *MONTHLY RATE Gas Supply from PGA Gas Supply from TPS Customer Charge $11.00 $11.00 Distribution Charge, per therm $0.57055 $0.57055 Commodity Charge Per Rider "A" Per TPS Agreement *The charges set forth in this Rate Schedule will be adjusted for all other applicable Riders of ents or similar charges that are lawfully imposed by this Tariff and any additional taxes, assessm supply from a TPS will be charged by the TPS for the Company. A Customer that receives gas between the Customer and the TPS. Only commodity according to any agreement Non -Residential Customers are eligible to receive gas supply from a TPS. MINIMUM BILL The minimum monthly bill shall be the Customer Charge. TERMS OF PAYMENT Bills are due upon receipt by the Customer and become delinquent if unpaid after expiration of twenty days from date of mailing or other delivery thereof by the Company. SPECIAL CONDITIONS OF SERVICE 1. Application of this rate is subject to the general Rules and Regulations of the Company as they may be in effect from time to time and as filed with the regulatory authorities. based on 2. Each year ass ficat on to anotherre-determine scCustomer's hedules app opr ate suchreclassificationll their annual usage. if recl shall be prospective only and shall not be retroactive. Issued by: Carolyn Bermudez Effective: Vice President, Florida City Gas /0, 4-a &(O Florida City Gas FPSC Natural Gas Tariff Revised Sheet No. 29 Volume No. 8 GENERAL SERVICE - 600 (GS -6001 APPLICABILITY Service is available to Customers using between 600 and 1,199 therms per year as determined by the Company. CHARACTER OF SERVICE A firm delivery service of natural gas, or its equivalent, delivered by the Company or Customers' Third Party Supplier C'TPS") with a heating value on the order of 1,100 British Thermal Units per cubic foot. "MONTHLY RATE Customer Charge Distribution Charge, per therm Commodity Charge Gas Supply from PGA $12.00 . $0.49255 Per Rider "A" Gas Supply from TPS $12.00 $0.49255 Per TPS Agreement ble '`The charges set forth in this Rate ScheduleI b similar charges that are lawfule adjusted for all other aly imposed by Riders of this Tariff and any additional taxes, assessments o ives gas supply the the Company. A Customer that r ebetween from theTPS Custowill mee cand ethey TPS.POnIy for commodity according to anyagreement Non -Residential Customers are eligible to receive gas supply from a TPS. MINIMUM BILL The minimum monthly bill shall be the Customer Charge. TERMS OF PAYMENT Bills are due upon receipt bma I n or other delivery e Customer and.thereof by the Company. ecome delinquent if unpaid after expiration of twenty days from date of9 SPECIAL CONDITIOQ.NS OF SERVICE 1. Application of this rate is subject to the general Rules and Regulations of the Company as they may be in effect from time to time and as filed with the regulatory authorities. 2. Each year the Company shall re -determine each Customer's eligibility based on their annual usage. If reclassification to another schedule is appropriate such reclassification shall be prospective only and shall not be retroactive. Issued by: Carolyn Bermudez Effective: Vice President, Florida City Gas P, 4-,�q&°i` Florida City Gas FPSC Natural Gas Tariff Revised Sheet No. 31 Volume No. 8 GENERAL SERVICE - 1.2k (GS -1.2k) APPLICABILITY Service is available to Customers using between 1,200 and 5,999 therms per year as determined by the Company. CHARACTER OF SERVICE A firm delivery service of natural gas, or its equivalent, delivered by the Company or Customers' Third Party Supplier ("TPS") with a heating value on the order of 1,100 British Thermal Units per cubic foot. "MONTHLY RATE Customer Charge Distribution Charge, per therm Commodity Charge Gas Supply from PGA $15.00 $0.35489 Per Rider "A" Gas Supply from TPS $15.00 $0.35489 Per TPS Agreement *The charges set forth in this Rate Schedule will be adjusted for all other applicable Riders of ents or similar charges that are lawfully imposed by this Tariff and any additional taxes, assessm the Company. A Customer that receives gas supply from a TPS will be charged by the TPS for commodity according to any agreligible meto ativ vee gas supply from a TPS the Customer and the TPS. Only Non -Residential Customers are MINIMUM BILL The minimum monthly bill shall be the Customer Charge. TERMS OF PAYMENT Bills are due upon receipt ate ofby the Customer and ecome delinquent if mai ng or other delivery thereof by the Company. unpaid after expiration of twenty days from SPECIAL CONDITIONS OF SERVICE 1. Application of this rate is subject to the general Rules and Regulations of the Company as they may be in effect from time to time and as filed with the regulatory authorities. 2. Each year the Company shall re -determine each Customer's eligibility based on their annual usage. If reclassification to another schedule is appropriate such reclassification shall be prospective only and shall not be retroactive. Issued by: Carolyn Bermudez Effective: Vice President, Florida City Gas r �i Florida City Gas FPSC Natural Gas Tariff Volume No. 8 GENERAL SERVICE - 6k (GS -6k) APPLICABILITY Revised Sheet No. 33 Service is available to Customers using between 6,000 and 24,999 therms per year as determined by the Company. CHARACTER OF SERVICE A firm delivery service of natural gas, or its equivalent, delivered by the Company or Customers' Third Parry Supplier ("TPS") with a heating value on the order of 1,100 British Thermal Units per cubic foot. *MONTHLY RATE Customer Charge Distribution Charge, per therm Commodity Charge -The charges set forth in this Rate Schedule will be adjusted for all other applicable Riders of this Tariff and any additional taxes, assessments of sf om a TPS willharges hat are be chargedully imposed by by the TPS for the Company. A Customer that receives gas supply between the Customer and the TPS. Only commodity according to any agreement Non -Residential Customers are eligible to receive gas supply from a TPS. Gas Supply from PGA $30.00 $0.30647 Per Rider "A" Gas Supply from TPS $30.00 $0.30647 Per TPS Agreement MINIMUM BILL The minimum monthly bill shall be the Customer Charge. TERMS OF PAYMENT Bills are due upon receiptate ofbma mailing or other delivery e Customer and thereof by the Company. ecome delinquent npaid after expiration of twenty days from d 9 SPECIAL CONDITIONS OF SERVICE 1. Application of this rate is subject to the general Rules and Regulations of the Company as they may be in effect from time to time and as filed with the regulatory authorities. 2. Each year the Company to another chedules appropriate such reine each Customer's lc alss fcat on shall based on their annual usage. If reclassification be prospective only and shall not be retroactive. Issued by: Carolyn Bermudez Effective: Vice President, Florida City Gas (J, LI -1:Q619 Florida City Gas FPSC Natural Gas Tariff Volume No. 8 Revised Sheet No. 35 GENERAL SERVICE - 25k (GS -25k1 APPLICABILITY Service is available to Customers using between 25,000 and 59,999 therms per year as determined by the Company. CHARACTER OF SERVICE A firm delivery service of natural gas, or its equivalent, delivered by the Company or Customers' Third Parry Supplier ("TPS") with a heating value on the order of 1,100 British Thermal Units per cubic foot. *MONTHLY RATE Customer Charge Distribution Charge, per therm Commodity Charge Gas Supply from PGA $80.00 $0.30740 Per Rider "A" Gas Supply from TPS $80.00 $0.30740 Per TPS Agreement *The charges set forth in this Rate Schedule will be adjusted for all other applicable Riders of this Tariff and any additional taxes, assessments or similar charges that are lawfully imposed by the Company. A Customer that receives gas supply from a TPS will be charged by the TPS for commodity according to any agreement between the Customer and the TPS. Only Non -Residential Customers are eligible to receive gas supply from a TPS. MINIMUM BILL The minimum monthly bill shall be the Customer Charge. TERMS OF PAYMENT Bills are due upon receipt by the Customer and become delinquent if unpaid after expiration of twenty days from date of mailing or other delivery thereof by the Company. SPECIAL CONDITIONS OF SERVICE 1. Application of this rate is subject to the general Rules and Regulations of the Company as they may be in effect from time to time and as filed with the regulatory authorities. 2. Each year the Company shall re -determine each Customer's eligibility based on their annual usage. If reclassification to another schedule is appropriate such reclassification shall be prospective only and shall not be retroactive. Issued by: Carolyn Bermudez Effective: Vice President, Florida City Gas A 4-d 7() Florida City Gas FPSC Natural Gas Tariff Volume No. 8 GENERAL SERVICE - 60k (9S -60k) APPLICABILITY Revised Sheet No. 37 Service is available to Customers using between 60,000 and 119,999 therms per year as determined by the Company. CHARACTER OF SERVICE A firm delivery service of natural gas, or its equivalent, delivered by the Company or Customers' Third Party Supplier ("TPS") with a heating value on the order of 1,100 British Thermal Units per cubic foot. *MONTHLY RATE Customer Charge Distribution Charge, per therm Commodity Charge Gas Supply from PGA $150.00 $0.30449 Per Rider "A" Gas Supply from TPS $150.00 $0.30449 Per TPS Agreement *The charges set forth in this Rate Schedule will be adjusted for all other applicable Riders of this Tariff and any additional taxes, assessments or similar charges that are lawfully imposed by the Company. A Customer that receives gas supply from a TPS will be charged by the TPS for commodity according to any agreement between the Customer and the TPS. Only Non -Residential Customers are eligible to receive gas supply from a TPS. MINIMUM BILL The minimum monthly bill shall be the Customer Charge. In addition, a minimum annual charge shall be assessed by applying the Distribution Charge hereunder to the difference between the annual minimum qualifying therms specified in this Rate Schedule and the annual usage of the Customer. TERMS OF PAYMENT Bills are due uporeceipt ate ofbmailing or other delivery thereof by the Company. unpaid after expiration of twenty days from TERM OF CONTRACT The initial term of which shall be no less than one (1) year and year to year thereafter until terminated by ninety (90) days written notice by either party. Issued by: Carolyn Bermudez Effective: Vice President, Florida City Gas Florida City Gas FPSC Natural Gas Tariff Volume No. 8 GENERAL SERVICE -120k (GS -120k) APPLICABILITY Revised Sheet No. 39 Service is available to Customers using between 120,000 and 249,999 therms per year as determined by the Company. CHARACTER OF SERVICE A firm delivery service of natural gas, or its equivalent, delivered by the Company or Customers' Third Party Supplier ("TPS") with a heating value on the order of 1,100 British Thermal Units per cubic foot. *MONTHLY RATE Customer Charge Demand Charge, per DCQ Distribution Charge, per therm Commodity Charge Gas Supply from PGA $250.00 $0.289 $0.20277 Per Rider "A" Gas Supply from TPS $250.00 $0.289 $0.20277 Per TPS Agreement "The charges set forth in this Rate Schedule will be adjusted for all other applicable Riders of this Tariff and any additional taxes, assessments or similar charges that are lawfully imposed by the Company. A Customer that receives gas supply from a TPS will be charged by the TPS for commodity according to any agreement between the Customer and the TPS. Only Non -Residential Customers are eligible to receive gas supply from a TPS. DETERMINATION OF THE DEMAND CHARGE QUANTITY (DCQ) The DCQ's to be used in setting the Customer's Billing DCQ will be determined by the Customer's maximum daily requirements in terms of therm units per day based on readings taken from an Automatic Meter Reading (AMR) device installed at the premise. The DCQ's used in setting the Billing DCQ shall be those from the Customer's daily metered therm consumption recorded for a period of up to three (3) years ending each March 31st. The results shall be grouped into the seasonal periods of April to October and November to March for purposes of deriving the Billing DCQ. If historical consumption information of at least twelve (12) months is not available, then the Billing DCQ level shall be based upon the rating and expected usage of the Customer's gas equipment as determined by the Company. The Billing DCQ will be determined annually by the Company based on the DCQ history, as determined above, for each of the respective seasonal periods. The Customer's Billing DCQ shall be adjusted to reflect the maximum DCQ recorded for the respective seasonal periods. Adjustments will be made in the preceding months of April and November except the Company shall not increase such a Customer's Billing DCQ unless the Customer has had at least three (3) occurrences of DCQ's in excess of their current Billing DCQ within the respective seasonal periods. Issued by: Carolyn Bermudez Effective: Vice President, Florida City Gas p4a7a Florida City Gas FPSC Natural Gas Tariff Volume No. 8 GENERAL SERVICE - 250k (GS -250k) APPLICABILITY Revised Sheet No. 41 Service is available to Customers using between 250,000 and 1,249,999 therms per year as determined by the Company. CHARACTER OF SERVICE A firm delivery service of natural gas, or its equivalent, delivered by the Company or Customers' Third Party Supplier ("TPS") with a heating value on the order of 1,100 British Thermal Units per cubic foot. * MONTHLY RATE Customer Charge Demand Charge, per DCQ Distribution Charge, per therm Commodity Charge Gas Supply from PGA $300.00 $0.289 $0.19261 Per Rider "A" Gas Supply from TPS $300.00 $0.289 $0.19261 Per TPS Agreement *The charges set forth in this Rate Schedule will be adjusted for all other applicable Riders of this Tariff and any additional taxes, assessments or similar charges that are lawfully imposed by the Company. A Customer that receives gas supply from a TPS will be charged by the TPS for between the Customer and the TPS. Only commodity according to any agreement Non -Residential Customers are eligible to receive gas supply from a TPS. DETERMINATION OF THE DEMAND CHARGE QUANTITY (DCQ1 The DCQ's to be used in setting the Customer's Billing DCQ will be determined by the Customer's maximum daily requirements in terms of therm units per day based on readings taken from an Automatic Meter Reading (AMR) device installed at the premise. The DCQ's used in setting the Billing DCQ shall be those from the Customer's daily metered therm consumption recorded for a period of up to three (3) years ending each March 31st. The results shall be grouped into the seasonal periods of April to October and November to March for purposes of deriving the Billing DCQ. If historical consumption information of at least twelve (12) months is not available, then the Billing DCQ level shall be based upon the rating and expected usage of the Customer's gas equipment as determined by the Company. The Billing DCQ will be determined annually by the Company based on the DCQ history, as determined above, for each of the respective seasonal periods. The Customer's Billing DCQ shall be adjusted to reflect the maximum DCQ recorded for the respective seasonal periods. Adjustments will be made in the preceding months of April and November except the Company shall not increase such a Customer's Billing DCQ unless the Customer has had at least three (3) occurrences of DCQ's in excess of their current Billing DCQ within the respective seasonal periods. Issued by: Carolyn Bermudez Effective: Vice President, Florida City Gas Florida City Gas FPSC Natural Gas Tariff Revised Sheet No. 43 Volume No. 8 GENERAL SERVICE -1 250k (GS -1,250k) APPLICABILITY Service is available to Customers using 1,250,000 or more therms per year as determined by the Company. CHARACTER OF SERVICE A firm delivery service of natural gas, or its equivalent, delivered by the Company or Customers' Third Party Supplier ("TPS") with a heating value on the order of 1,100 British Thermal Units per cubic foot. "MONTHLY RATE Customer Charge Demand Charge, per DCQ Distribution Charge, per therm Commodity Charge Gas Supply from PGA $500.00 $0.289 $0.13732 Per Rider "A" Gas Supply from TPS $500.00 $0.289 $0.13732 Per TPS Agreement *The charges set forth in this Rate Schedule will be adjusted for all other applicable Riders of this Tariff and any additional taxes, assessments or similar charges that are lawfully imposed by the Company. A Customer that receives gas supply from a TPS will be charged by the TPS for commodity according to any agreement between the Customer and the TPS. Only Non -Residential Customers are eligible to receive gas supply from a TPS. DETERMINATION OF THE DEMAND CHARGE QUANTITY (DCQ) The DCQ's to be used in setting the Customer's Billing DCQ will be determined by the Customer's maximum daily requirements in terms of therm units per day based on readings taken from an Automatic Meter Reading (AMR) device installed at the premise. The DCQ's used in setting the Billing DCQ shall be those from the Customer's daily metered therm consumption recorded for a period of up to three (3) years ending each March 31st. The results shall be grouped into the seasonal periods of April to October and November to March for purposes of deriving the Billing DCQ. If historical consumption information of at least twelve (12) months is not available, then the Billing DCQ level shall be based upon the rating and expected usage of the Customer's gas equipment as determined by the Company. The Billing DCQ will be determined annually by the Company based on the DCQ history, as determined above, for each of the respective seasonal periods. The Customer's Billing DCQ shall be adjusted to reflect the maximum DCQ recorded for the respective seasonal periods. Adjustments will be made in the preceding months of April and November except the Company shall not increase such a Customer's Billing DCQ unless the Customer has had at least three (3) occurrences of DCQ's in excess of their current Billing DCQ within the respective seasonal periods. Issued by: Carolyn Bermudez Effective: December 7, 2017 Vice President, Florida City Gas P, L1.07'14 Florida City Gas FPSC Natural Gas Tariff Volume No. 8 GAS LIGHTING SERVICE (GL) AVAILABILITY See "Limitations of Service" below. Revised Sheet No. 45 APPLICABILITY Firm Natural gas service for continuous street or outdoor lighting devices installed upstream of the Customer's meter. LIMITATIONS OF SERVICE This Rate Schedule is closed and is restricted to Customers who were served prior to March 17, 1975. *MONTHLY RATE Distribution Charge $10.72 per lamp ($0.65605 per therm X 18 therms) *The charges set forth in this Rate Schedule will be adjusted for all other applicable Riders of this Tariff and any additional taxes, assessments or similar charges that are lawfully imposed by the Company. For the purpose of applying Riders or other billing adjustments usage of eighteen therms per lamp per month will be assumed. MINIMUM BILL The minimum monthly bill shall be the Monthly Rate. TERMS OF PAYMENT Bills are due upon receipt by the Customer and become delinquent if unpaid after expiration of twenty days from date of mailing or other delivery thereof by the Company. SPECIAL CONDITIONS OF SERVICE Application of this rate is subject to the general Rules and Regulations of the Company as they may be in effect from time to time and as filed with the regulatory authorities. Issued by: Carolyn Bermudez Effective: Vice President, Florida City Gas FLORIDA CITY GAS FPSC NATURAL GAS TARIFF VOLUME NO. 8 Effective with meter readings on and after December 7, 2004 Revised June 5, 2017 The following pages have been revised: Rules and Regulations -Second Revised Sheet 16 Rules and Regulations -First Revised Sheet 17 Rules and Regulations Ori OnMBevised Sheet 17A PGA Cap Rate — Fifteenth Revised Sheet No. 64 ECCR Factors — Fourteenth Revised Sheet No. 65 SAFE Factors — Second Revised Sheet No. 71 Florida City Gas FPSC Natural Gas Tariff gtRevised Sheet No. Volume No. 8 23 GENERAL SERVICE - 1 (GS -11 APPLICABILITY Service is available to Customers using between 0 and 99 therms per year as determined by the Company. CHARACTER OF SERVICE A firm delivery service of natural gas, or its equivalent, delivered by the Company or Customers' Third Party Supplier ("TPS") with a heating value on the order of 1,100 British Thermal Units per cubic foot. *MONTHLY RATE Customer Charge Distribution Charge, per therm Commodity Charge Gas Supply from PGA $8.00 $0.5624-3064930 Per Rider "A" Gas Supply from TPS $8.00 $0.1364930 Per TPS Agreement *The charges set forth in this Rate Schedule will be adjusted for all other applicable Riders of this Tariff and any additional taxes, assessments or similar charges that are lawfully imposed by the Company. A Customer that receives gas supply from a TPS will be charged by the TPS for commodity according to any agreement between the Customer and the TPS. Only Non -Residential Customers are eligible to receive gas supply from a TPS. MINIMUM BILL The minimum monthly bill shall be the Customer Charge. TERMS OF PAYMENT Bills are due upon receipt by the Customer and become delinquent if unpaid after expiration of twenty days from date of mailing or other delivery thereof by the Company. SPECIAL CONDITIONS OF SERVICE 1. Application of this rate is subject to the general Rules and Regulations of the Company as they may be in effect from time to time and as filed with the regulatory authorities. 2. Each year the Company shall re -determine each Customer's eligibility based on their annual usage. If reclassification to another schedule is appropriate such reclassification shall be prospective only and shall not be retroactive. C,,�` r Ci+hn �Carolvn Bermudez Effective: R Ge -A �n�� I Issued by: _• __._ nr \/inn prn irJnni CnU#n444 GperatVice President Florida City Gas Florida City Gas FPSC Natural Gas Tariff oFigfnalRevised Sheet No. Volume No. 8 25 GENERAL -SERVICE - 100 (GS -100) APPLICABILITY Service is available to Customers using between 100 and 219 therms per year as determined by the Company. CHARACTER OF SERVICE A firm delivery service of natural gas, or its equivalent, delivered by the Company or Customers' Third Party Supplier ("TPS") with a heating value on the order of 1,100 British Thermal Units per cubic foot. *MONTHLY RATE Customer Charge Distribution Charge, per therm Commodity Charge Gas Supply from PGA $9.50 $0.5224859498 Per Rider "A" Gas Supply from TPS $9.50 $0.5224859498 Per TPS Agreement *The charges set forth in this Rate Schedule will be adjusted for all other applicable Riders of this Tariff and any additional taxes, assessments or similar charges that are lawfully imposed by the Company. A Customer that receives gas supply from a TPS will be charged by the TPS for commodity according to any agreement between the Customer and the TPS. Only Non -Residential Customers are eligible to receive gas supply from a TPS. MINIMUM BILL The minimum monthly bill shall be the Customer Charge. TERMS OF PAYMENT Bills are due upon receipt by the Customer and become delinquent if unpaid after expiration of twenty days from date of mailing or other delivery thereof by the Company. SPECIAL CONDITIONS OF SERVICE 1. Application of this rate is subject to the general Rules and Regulations of the Company as they may be in effect from time to time and as filed with the regulatory authorities. 2. Each year the Company shall re -determine each Customer's eligibility based on their annual usage. If reclassification to another schedule is appropriate such reclassification shall be prospective only and shall not be retroactive. Issued by: Carolyn Bermudez Effective: Oece 4)6f 69efat+ vicePresident Florida City Gas Florida City Gas FPSC Natural Gas Tariff QFi9ina4SeVised Sheet No. Volume No. 8 27 GENERAL SERVICE - 220 (GS -220) APPLICABILITY Service is available to Customers using between 220 and 599 therms per year as determined by the Company. CHARACTER OF SERVICE A firm delivery service of natural gas, or its equivalent, delivered by the Company or Customers' Third Party Supplier ("TPS") with a heating value on the order of 1,100 British Thermal Units per cubic foot. *MONTHLY RATE Customer Charge Distribution Charge, per therm Commodity Charge Gas Supply from PGA $11.00 $0.4953457055 Per Rider "A" Gas Supply from TPS $11.00 $0.4454457055 Per TPS Agreement *The charges set forth in this Rate Schedule will be adjusted for all other applicable Riders of this Tariff and any additional taxes, assessments or similar charges that are lawfully imposed by the Company. A Customer that receives gas supply from a TPS will be charged by the TPS for commodity according to any agreement between the Customer and the TPS. Only Non -Residential Customers are eligible to receive gas supply from a TPS. MINIMUM BILL The minimum monthly bill shall be the Customer Charge. TERMS OF PAYMENT Bills are due upon receipt by the Customer and become delinquent if unpaid after expiration of twenty days from date of mailing or other delivery thereof by the Company. SPECIAL CONDITIONS OF SERVICE 1. Application of this rate is subject to the general Rules and Regulations of the Company as they may be in effect from time to time and as filed with the regulatory authorities. 2. Each year the Company shall re -determine each Customer's eligibility based on their annual usage. If reclassification to another schedule is appropriate such reclassification shall be prospective only and shall not be retroactive. Carolyn Bermudez Effective: ^ nom� �n�� Issued by: hor ' .9peFaUGnsVice President Florida City Gas Florida City Gas FPSC Natural Gas Tariff gFigiRaJIRevised Sheet No. Volume No. 8 29 GENERAL SERVICE - 600 (GS -600) APPLICABILITY Service is available to Customers using between 600 and 1,199 therms per year as determined by the Company. CHARACTER OF SERVICE A firm delivery service of natural gas, or its equivalent, delivered by the Company or Customers' Third Party Supplier ("TPS") with a heating value on the order of 1,100 British Thermal Units per cubic foot. *MONTHLY RATE Customer Charge Distribution Charge, per therm Commodity Charge Gas Supply from PGA $12.00 $0.4W96342255 Per Rider "A" Gas Supply from TPS $12.00 $0.4366349255 Per TPS Agreement *The charges set forth in this Rate Schedule will be adjusted for all other applicable Riders of this Tariff and any additional taxes, assessments or similar charges that are lawfully imposed by the Company. A Customer that receives ntheTPS Customer Icharged they the TPS PS for Only commodity according to any agreement between Non -Residential Customers are eligible to receive gas supply from a TPS. MINIMUM BILL The minimum monthly bill shall be the Customer Charge. TERMS OF PAYMENT Bills are due upon receipt by the Customer and become delinquent if unpaid after expiration of twenty days from date of mailing or other delivery thereof by the Company. SPECIAL CONDITIONS OF SERVICE 1. Application of this rate is subject, to the general Rules and Regulations of the Company as they may be in effect from time to time and as filed with the regulatory authorities. 2. Each year the Company shall re -determine each Customer's eligibility based on their annual usage. If reclassification to another schedule is appropriate such reclassification shall be prospective only and shall not be retroactive. Issued by: Carolyn Bermudez Effective: Oase;;;I;eF 7-, 2017- grtiensVice President Florida City Gas ,� / . 4-, Florida City Gas FPSC Natural Gas Tariff QFiginalRevjsed Sheet No. Volume No. 8 31 GENERAL SERVICE - 1.2k (GS -1.2k) APPLICABILITY Service is available to Customers using between 1,200 and 5,999 therms per year as determined by the Company. CHARACTER OF SERVICE A firm delivery service of natural gas, or its equivalent, delivered by the Company or Customers' Third Party Supplier ("TPS") with a heating value on the order of 1,100 British Thermal Units per cubic foot. *MONTHLY RATE Customer Charge IDistribution Charge, per therm Commodity Charge Gas Supply from PGA $15.00 $0.3435489 Per Rider "A" Gas Supply from TPS $15.00 $0.44-74425489 Per TPS Agreement *The charges set forth in this Rate Schedule will be adjusted for all other applicable Riders of this Tariff and any additional taxes, assessments or similar charges that are lawfully imposed by the Company. A Customer that receives gas supply from a TPS will be charged by the TPS for commodity according to any agreement between the Customer and the TPS. Only Non -Residential Customers are eligible to receive gas supply from a TPS. MINIMUM BILL The minimum monthly bill shall be the Customer Charge. TERMS OF PAYMENT Bills are due upon receipt by the Customer and become delinquent if unpaid after expiration of twenty days from date of mailing or other delivery thereof by the Company. SPECIAL CONDITIONS OF SERVICE 1. Application of this rate is subject to the general Rules and Regulations of the Company as they may be in effect from time to time and as filed with the regulatory authorities. 2. Each year the Company shall re -determine each Customer's eligibility based on their annual usage. If reclassification to another schedule is appropriate such reclassification shall be prospective only and shall not be retroactive. Carolyn Bermudez Effective: eGeT bef- I Issued by: ' �` \/'r•n Drccir7on4 Cn}horn QpeFa4e ice President Florida City Gas Florida City Gas FPSC Natural Gas Tariff Volume No. 8 GENERAL SERVICE - 6k (GS -6k) gFig+aa-IRevised Sheet No. 33 APPLICABILITY Service is available to Customers using between 6,000 and 24,999 therms per year as determined by the Company. CHARACTER OF SERVICE A firm delivery service of natural gas, or its equivalent, delivered by the Company or Customers' Third Party Supplier ("TPS") with a heating value on the order of 1,100 British Thermal Units per cubic foot. *MONTHLY RATE Customer Charge Distribution Charge, per therm Commodity Charge Gas Supply from PGA $30.00 $0.2749730647 Per Rider "A" Gas Supply from TPS $30.00 $0.24. 0647 Per TPS Agreement *The charges set forth in this Rate Schedule will be adjusted for all other applicable Riders of this Tariff and any additional taxes, assessments or similar charges that are lawfully imposed by the Company. A Customer that receives gas supply from a TPS will be charged by the TPS for commodity according to any agreement between the Customer and the TPS. Only Non -Residential Customers are eligible to receive gas supply from a TPS. MINIMUM BILL The minimum monthly bill shall be the Customer Charge. TERMS OF PAYMENT Bills are due upon receipt by the Customer and become delinquent if unpaid after expiration of twenty days from date of mailing or other delivery thereof by the Company. SPECIAL CONDITIONS OF SERVICE 1. Application of this rate is subject to the general Rules and Regulations of the Company as they may be in effect from time to time and as filed with the regulatory authorities. 2. Each year the Company shall re -determine each Customer's eligibility based on their annual usage. If reclassification to another schedule is appropriate such reclassification shall be prospective only and shall not be retroactive. Issued by: Carolyn Bermudez Effective: 9perat+ensVice President Florida City Gas P Ll-,�8w Florida City Gas FPSC Natural Gas Tariff Volume No. 8 GENERAL SERVICE - 25k (GS -25k) 9figina4Revised Sheet No. 35. APPLICABILITY Service is available to Customers using between 25,000 and 59,999 therms per year as determined by the Company. CHARACTER OF SERVICE A firm delivery service of natural gas, or its equivalent, delivered by the Company or Customers' Third Party Supplier ("TPS") with a heating value on the order of 1,100 British Thermal Units per cubic foot. *MONTHLY RATE Customer Charge Distribution Charge, per therm Commodity Charge Gas Supply from PGA $80.00 $0.2764 Per Rider "A" Gas Supply from TPS $80.00 $0.2761,830740 Per TPS Agreement *The charges set forth in this Rate Schedule will be adjusted for all other applicable Riders of this Tariff and any additional taxes, assessments or similar charges that are lawfully imposed by the Company. A Customer that receives gas supply from a TPS will be charged by the TPS for commodity according to any agreement between the Customer and the TPS. Only Non -Residential Customers are eligible to receive gas supply from a TPS. MINIMUM BILL The minimum monthly bill shall be the Customer Charge. TERMS OF PAYMENT Bills are due upon receipt by the Customer and become delinquent if unpaid after expiration of twenty days from date of mailing or other delivery thereof by the Company. SPECIAL CONDITIONS OF SERVICE 1. Application of this rate is subject to the general Rules and Regulations of the Company as they may be in effect from time to time and as filed with the regulatory authorities. 2. Each year the Company shall re -determine each Customer's eligibility based on their annual usage. If reclassification to another schedule is appropriate such reclassification shall be prospective only and shall not be retroactive. Issued by: Carolyn. Bermudez Effective: 9eG9A;beF:7, 2047 Sr \/i�r-esi iCn+ Cn+horn 9pera49fr.Vice President Florida City Gas Florida City Gas FPSC Natural Gas Tariff Volume No. 8 GENERAL SERVICE - 60k (GS -60k) gr.igiaiRevised Sheet No. 37 APPLICABILITY Service is available to Customers using between 60,000 and 119,999 therms per year as determined by the Company. CHARACTER OF SERVICE A firm delivery service of natural gas, or its equivalent, delivered by the Company or Customers' Third Party Supplier ("TPS") with a heating value on the order of 1,100 British Thermal Units per cubic foot. *MONTHLY RATE Customer Charge Distribution Charge, per therm Commodity Charge Gas Supply from PGA $150.00 $0..27430449 Per Rider "A" Gas Supply from TPS $150.00 $0.2;47�30449 Per TPS Agreement *The charges set forth in this Rate Schedule will be adjusted for all other applicable Riders of this Tariff and any additional taxes, assessments or similar charges that are lawfully imposed by the Company. A Customer that receives gas supply from a TPS will be charged by the TPS for commodity according to any agreement between the Customer and the TPS. Only Non -Residential Customers are eligible to receive gas supply from a TPS. MINIMUM BILL The minimum monthly bill shall be the Customer Charge. In addition, a minimum annual charge shall be assessed by applying the Distribution Charge hereunder to the difference between the annual minimum qualifying therms specified in this Rate Schedule and the annual usage of the Customer. TERMS OF PAYMENT Bills are due upon receipt by the Customer and become delinquent if unpaid after expiration of twenty days from date of mailing or other delivery thereof by the Company. TERM OF CONTRACT The initial term of which shall be no less than one (1) year and year to year thereafter until terminated by ninety (90) days written notice by either party. Issued by: Carolyn Bermudez Effective: cSTViGePFecidest ge theFR OpeFatieasVice President Florida City Gas Florida City Gas FPSC Natural Gas Tariff Volume No. 8 GENERAL SERVICE - 120k (GS -120k) APPLICABILITY 8ra1Revised Sheet No. 39 Service is available to Customers using between 120,000 and 249,999 therms per year as determined by the Company. CHARACTER OF SERVICE A firm delivery service of natural gas, or its equivalent, delivered by the Company or Customers' Third Party Supplier ("TPS") with a heating value on the order of 1,100 British Thermal Units per cubic foot. *MONTHLY RATE Customer Charge Demand Charge, per DCQ Distribution Charge, per therm Commodity Charge Gas Supply from PGA $250.00 $0.289 $0.4808420277 Per Rider "A" Gas Supply from TPS $250.00 $0.289 $0.4888420277 Per TPS Agreement *The charges set forth in this Rate Schedule will be adjusted for all other applicable Riders of this Tariff and any additional taxes, assessments or similar charges that are lawfully imposed by the Company. A Customer that receives gas supply from a TPS will be charged by the TPS for commodity according to any agreement between the Customer and the TPS. Only Non -Residential Customers are eligible to receive gas supply from a TPS. DETERMINATION OF THE DEMAND CHARGE QUANTITY (DCQ) The DCQ's to be used in setting the Customer's Billing DCQ will be determined by the Customer's maximum daily requirements in terms of therm units per day based on readings taken from an Automatic Meter Reading (AMR) device installed at the premise. The DCQ's used in setting the Billing DCQ shall be those from the Customer's daily metered therm consumption recorded for a period of up to three (3) years ending each March 31st. The results shall be grouped into the seasonal periods of April to October and November to March for purposes of deriving the Billing DCQ. If historical consumption information of at least twelve (12) months is not available, then the Billing DCQ level shall be based upon the rating and expected usage of the Customer's gas equipment as determined by the Company. The Billing DCQ will be determined annually by the Company based on the DCQ history, as determined above, for each of the respective seasonal periods. The Customer's Billing DCQ shall be adjusted to reflect the maximum DCQ recorded for the respective seasonal periods. Adjustments will be made in the preceding months of April and November except the Company shall not increase such a Customer's Billing DCQ unless the Customer has had at least three (3) occurrences of DCQ's in excess of their current Billing DCQ within the respective seasonal periods. Issued by: Carolyn Bermudez Effective: QeGGF48F:�, 294:7 GperatisnsVice President; Florida City Gas - �� P 7 Florida City Gas FPSC Natural Gas Tariff Volume No. 8 GENERAL SERVICE - 250k (GS -250k) APPLICABILITY ora-IRevised Sheet No. 41 Service is available to Customers using between 250,000 and 1,249,999 therms per year as determined by the Company. CHARACTER OF SERVICE A firm delivery service of natural gas, or its equivalent, delivered by the Company or Customers' Third Party Supplier ("TPS") with a heating value on the order of 1,100 British Thermal Units per cubic foot. * MONTHLY RATE Customer Charge Demand Charge, per DCQ Distribution Charge, per therm Commodity Charge Gas Supply from PGA $300.00 $0.289 so. 47-1�9419261 Per Rider `'A" Gas Supply from TPS $300.00 $0.289 $0..749419261 Per TPS Agreement *The charges set forth in this Rate Schedule will be, adjusted for all other applicable Riders of this Tariff and any additional taxes, assessments or similar charges that are lawfully imposed by the Company. A Customer that receives gas supply from a TPS will be charged by the TPS for commodity according to any agreement between the Customer and the TPS. Only Non -Residential Customers are eligible to receive gas supply from a TPS. DETERMINATION OF THE DEMAND CHARGE QUANTITY (DCQ) The DCQ's to be used in setting the Customer's Billing DCQ will be determined by the Customer's maximum daily requirements in terms of therm units per day based on readings taken from an Automatic Meter Reading (AMR) device installed at the premise. The DCQ's used in setting the Billing DCQ shall be those from the Customer's daily metered therm consumption recorded for a period of up to three (3) years ending each March 31st. The results shall be grouped into the seasonal periods of April to October and November to March for purposes of deriving the Billing DCQ. If historical consumption information of at least twelve (12) months is not available, then the Billing DCQ level shall be based upon the rating and expected usage of the Customer's gas equipment as determined by the Company. The Billing DCQ will be determined annually by the Company based on the DCQ history, as determined above, for each of the respective seasonal periods. The Customer's Billing DCQ shall be adjusted to reflect the maximum DCQ recorded for the respective seasonal periods. Adjustments will be made in the preceding months of April and November except the Company shall not increase such a Customer's Billing DCQ unless the Customer has had at least three (3) occurrences of DCQ's in excess of their current Billing DCQ within the respective seasonal periods. Issued by: Carolyn Bermudez Effective: , S. - Vine President Se6 ern peratien ice President. Florida City Gas Florida City Gas FPSC Natural Gas Tariff Volume No. 8 GENERAL SERVICE - 1.250k (GS -1.250k) 9rigin Revised Sheet No. 43 APPLICABILITY Service is available to Customers using 1,250,000 or more therms per year as determined by the Company. CHARACTER OF SERVICE A firm delivery service of natural gas, or its equivalent, delivered by the Company or Customers' Third Party Supplier ("TPS") with a heating value on the order of 1,100 British Thermal Units per cubic foot. *MONTHLY RATE Customer Charge Demand Charge, per DCQ Distribution Charge, per therm Commodity Charge Gas Supply from PGA $500.00 $0.289 $0.1222513732 Per Rider "A" Gas Supply from TPS $500.00 $0.289. $0.1222513732 Per TPS Agreement *The charges set forth in this Rate Schedule will be adjusted for all other applicable Riders of this Tariff and any additional taxes, assessments or similar charges that are lawfully imposed by the Company. A Customer that receives gas supply from a TPS will be charged by the TPS for commodity according to any agreement between the Customer and the TPS. Only Non -Residential Customers are eligible to receive gas supply from a TPS. DETERMINATION OF THE DEMAND CHARGE QUANTITY (DCQ) The DCQ's to be used in setting the Customer's Billing DCQ will be determined by the Customer's maximum daily requirements in terms of therm units per day based on readings taken from an Automatic Meter Reading (AMR) device installed at the premise. The DCQ's used in setting the Billing DCQ shall be those from the Customer's daily metered therm consumption recorded for a period of up to three (3) years ending each March 31st. The results shall be grouped into the seasonal periods of April to October and November to March for purposes of deriving the Billing DCQ. If historical consumption information of at least twelve (12) months is not available, then the Billing DCQ level shall be based upon the rating and expected usage of the Customer's gas equipment as determined by the Company. The Billing DCQ will be determined annually by the Company based on the DCQ history, as determined above, for each of the respective seasonal periods. The Customer's Billing DCQ shall be adjusted to reflect the maximum DCQ recorded for the respective seasonal periods. Adjustments will be made in the preceding months of April and November except the Company shall not increase such a Customer's Billing DCQ unless the Customer has had at least three (3) occurrences of DCQ's in excess of their current Billing DCQ within the respective seasonal periods. Issued by: Carolyn Bermudez Effective: December 7, 2017 QperatieesVice President, Florida City Gas Florida City Gas FPSC Natural Gas Tariff Volume No. 8 86944a4Revised Sheet No. 45 GAS LIGHTING SERVICE (GL) AVAILABILITY See "Limitations of Service" below. APPLICABILITY Firm Natural gas service for continuous street or outdoor lighting devices installed upstream of the Customer's meter. LIMITATIONS OF SERVICE This Rate Schedule is closed and is restricted to Customers who were. served prior to March 17, 1975. *MONTHLY RATE Distribution Charge $10.72 per lamp ($0.-65605 per therm X 18 therms) *The charges set forth in this Rate Schedule will be adjusted for all other applicable Riders of this Tariff and any additional taxes, assessments or similar charges that are lawfully imposed by the Company. For the purpose of applying Riders or other billing adjustments usage of eighteen therms per lamp per month will be assumed. MINIMUM BILL The minimum monthly bill shall be the Monthly Rate. TERMS OF PAYMENT Bills are due upon receipt by the Customer and become delinquent if unpaid after expiration of twenty days from date of mailing or other delivery thereof by the Company. SPECIAL CONDITIONS OF SERVICE Application of this rate is subject to the general Rules and Regulations of the Company as they may be in effect from time to time and as filed with the regulatory authorities. Issued by: Carolyn Bermudez Effective: OeGeMber 7, 2017 sr-41iee-PresideRt 9e6t4e .R 9pera#sVice President Florida City Gas r ., All Aboard Florida Expenses Indian River County F:\Budget\All Aboard FL Expenses P6 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 9/30/2017 McDermot,Will & Emery LLP $10,000.00 IRC Legislative Advocacy Matters 9/30/2017 Bryan Cave LLP $2,995.50 Fees for Legasl Services -Sept 2017 9/30/2017 Bryan Cave LLP $1,119.00 Fees for Legal Services -Aug 2017 9/27/2017 Bryan Cave LLP $13,195.60 Fees for Legal Services -July 2017 8/15/2017 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 $191,629.28 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 F:\Budget\All Aboard FL Expenses P6 All Aboard Florida Expenses Other Professional Services Indian River County -$3,380.35 50% reimbursement 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 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 $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 $446.11 Preliminary Hearing Acct#00130214-033190-15023 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\AII Aboard FL Expenses P7 All Aboard Florida Expenses $213,438.19 Indian River County $870,867.50 Acct#00110214-034020-15023 All Travel 9/30/2017 Kate Cotner -travel to Washington DC $768.02 9/30/2017 Dylan Reingold-travel to Washington DC $753.49 9/30/2017 Bob Solari -travel to Washington DC $1,448.18 6/28/2017 Kate Cotner -Tag Meeting $60.07 mileage to Cocoa Subtotal Expenses FY 16/17 $3,029.76 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 Subtota I 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 SmithInc$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 $213,438.19 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 10/30/17 $2,284,342.75 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 $602,578.25 F:\Budget\AII Aboard FL Expenses P8 Indian River County Vero Beach Electric/Florida Power & Light/FMPA expenses Acct#00410214-033110-15024 Legal Services 2/20/2017 Berger Singerman Subtotal Expenses FY 16/17 9/30/2016 Berger Singerman 9/20/2016 Berger Singerman 8/16/2016 Berger Singerman 7/19/2016 Berger Singerman 6/14/2016 Berger Singerman 5/24/2016 Berger Singerman 5/4/2016 Berger Singerman 2/9/2016 Berger Singerman 1/20/2016 Berger Singerman 12/22/2015 Berger Singerman .12/8/2015 King Reporting & Video 11/17/2015 Berger Singerman Subtotal Expenses FY 15/16 9/30/2015 Berger Singerman 9/21/2015 Berger Singerman 8/18/2015 Berger Singerman 7/22/2015 Berger Singerman 7/1/2015 Berger Singerman 6/3/2015 Nabors Giblin & Nickerson 5/20/2015 Carolos Alvarez,Esq 4/20/2015 Gonzalez Saggio & Harlan 4/2/2015 Gonzalez Saggio & Harlan 3/23/2015 Gonzalez Saggio & Harlan 3/23/2015 Nabors Giblin & Nickerson 2/2/2015 Gonzalez Saggio & Harlan 1/16/2015 Gonzalez Saggio & Harlan 12/3/2014 Gonzalez Saggio & Harlan Subtotal Expenses FY 14/15 9/30/2014 Gonzalez Saggio & Harlan 9/30/2014 Gonzalez Saggio & Harlan 8/15/2014 Gonzalez Saggio & Harlan 7/22/2014 Gonzalez Saggio & Harlan Subtotal Expenses FY 13/14 $880.00 $1,072.50 $632:50 $275.00 $275.00 $605.00 $495.00 $1,650.00 $1,265.00 $11,722.50 $15,090.00 $457.75 $2,172.50 $25,370.00 $10,150.00 $7,855.00 $29,622.50 $312.50 $1,878.10 $10,582.50 $26,713.48 $10,312.50 $4,161.72 $22,882.98 $16,610.00 $8,824.24 $7,821.90 $30,144.31 $12,292.50 712.75 P9 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 $1,451.17 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 9/30/2014 Scripps Treasure Coast 9/10/2014 Scripps Treasure Coast Subtotal Expenses FY 13/14 $87.36 $88.92 $1 Travel 3/16/2016 Dylan Reingold-FL Senate Committee mtg $394.25 3/8/2016 Courtyard by Marion $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 P10 .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 .10/30/17 $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 Leal Services g $35,150.00 . .3/18/2015 .Legal Services $130,000.00 5/5/2014. Legal.Services$1:00,000.00 Total Board Authorized Budget $464,828.001. Remaining Balance $68,909.13 F'11 INDIAN RIVER COUNTY, FLORIDA PUBLIC N BOARD MEMORANDUM • ' TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director THROUGH: James D. Gray, Jr., Coastal Engineer FROM: Kendra L. Cope, M.S., Environmental Specialist SUBJECT: 2017 Sea Turtle Nesting— Season Summary DATE: October 27, 2017 REQUEST It is requested that the following information be given formal consideration by the Board of County Commissioners during the regularly scheduled meeting on November 7, 2017. This is an announcement to inform the residents of Indian River County about the successful 2017 sea turtle nesting season. Additional information can be found on the Coastal Facebook page: @IRCcoastal and on the County website www.irceov.com/coastal. DESCRIPTION AND CONDITIONS Indian River County is home to 3 species of nesting sea turtles (Loggerhead, Green, and Leatherback). In 2004, the County implemented a Habitat Conservation Plan (HCP) in order to establish a framework for sea turtle conservation in Indian River County through daily nesting surveys, nest protection during emergency shoreline protection construction, management of predator impacts, implementing programs to reduce human impacts, and local education. More specifically, to better understand and integrate protection measures, the County's objectives for protecting turtles on the beach are as follows; record the location of every turtle crawl on the beach from the previous night, mark off a sample of nests to determine hatching success and for educational programs, and record all impacts to nests including nest predations, tidal over wash and human impacts. Sea turtles are long-lived species and take up to 25-30 years to become mature adults. Long-term monitoring is vital to the understanding of their populations. This is the 13th year of county -wide monitoring since the HCP program was implemented. Data collected over these years has helped the county protect nests during beach construction projects, decrease the number of nests effected by raccoons, and identify key areas impacting hatchling survival from artificial beachfront lights. C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@CCOE30C4\@BCL@CCOE30C4.docx P12 Page 2 BCC Agenda Item Update Sea Turtle Nesting — Season Summary October 27, 2017 2017 SEA TURTLE NESTING SUMMARY Annually, sea turtle nesting season in Indian River County is between March 1st and October 311t As of this year, data collected from the county -wide nest monitoring program identifies Indian River County breaking more records this year. This was the County's 3rd record high green turtle nesting year in a row (setting a tone for upcoming seasons), and the County had record high number of total nests incubating on the beaches. The 2017 sea turtle nesting activity above the high tide line as of 10/27/17 was: • Loggerhead — 5,977 nests • Green:— 2,632 nests • Leatherback — 37 nest An additional 66 nests were laid below the high tide line. More detailed information and trends about nesting, including information about the Impacts of Hurricane Irma, will be available in the 2017 Annual HCP Report. PUBLIC OUTREACH SUMMARY Given the success and public interest, County staff continued to offer sea turtle education programs such as "Turtle Digs". Turtle digs provided an up close and personal opportunity for the public to witness how sea turtle reproductive success is evaluated while listening to an informative presentation. Average attendance for the 12 Turtle Digs were 104 attendees, doubling the amount of participants from last year. Staff was also able to assist FWC and community partners with three turtle releases this summer at County public parks with hundreds of guests at each release. RECOMMENDATION The recommendation of staff is to include the above referenced public meeting notice on the November 7, 2017 Board of County Commission Agenda. APPROVED AGENDA ITEM FOR: NOVEMBER 7, 2017 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@CCOE3OC4\@BCL@CCOE3OC4.docx P13 �. c. 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P, t, ANNWV ARY ME fry �- ADS -8 Solutiblrs 1;011 p.,m. - 22rDO p.rr►� P/0 and Whitney - Maintaining your, urbinevagine 2.00 p.m. - 3;06 0-m-, Fart,Jlight 2. -Ob p.m. - 3.00 p:m.; Advacotie Tox ConsWtanta 7,E- mow' ,E P15 Maunt Upgrade SofutiornAGENDA � ADS -8 Solutions SATURDAY;, NOVEMBER 11 Pratt..and Whitney - Mointaining 9:00 p m 4ircra !:arrrvols--atid.Contiiientol Break ost. your Airbim-engine. 9:00 mn. _-1130:a.m. .Factory ;Tours Corrrmence.. gird 'run every 30 min' 10.00 o,: - It lto a m 'RDD a.m. = 1.1:00 W:m.:. Concurreii! Sessions: Morning Lunch 1--00 p:m: Goncurrent.Sessions_ Af..fernoon Advoccte tox Consuitants 3:00 Avkarda'and-Roffle, 100 p.m -2 t►0 p �n Gbrmin Presentation: Patiel 4i?D p.m. �: Farewell Mount UpgraQr Solettons & ADS -8 Solutiblrs 1;011 p.,m. - 22rDO p.rr►� P/0 and Whitney - Maintaining your, urbinevagine 2.00 p.m. - 3;06 0-m-, Fart,Jlight 2. -Ob p.m. - 3.00 p:m.; Advacotie Tox ConsWtanta 7,E- mow' ,E P15 �LOR10°` Indian River County Board of County Commissioners General Services Department MEMORANDUM Date: November 3, 2017 To: Jason E. Brown, County Administrator From: Michael C. Zito, Assistant County Administrator Subject: Amendment to Library Closings In Observance of Veteran's Day At the Board of County Commission meeting held October 24, 2017, the Department of General Services presented the 2017 holiday observance and facility closure schedule. Staff has since received feedback from several patrons of the library system expressing a clear preference to close the Libraries on Veteran's Day, November 11th, instead of the County observed holiday on Friday November 10th. Veterans Day is a Federal holiday that is celebrated on November 11th, annually. November 11th is the date of the signing of the armistice, which ended World War 1 in 1918. Libraries are uniquely positioned to honor this day on the actual day. This year it falls on a Saturday, which happens once every 7 years. Therefore, it is recommended to adjust the holiday closure schedule for the Main and North County Libraries to remain open on Friday, November l oth and close on Saturday, November 11th. Attachment: BCC Memorandum Informational Agenda Item #7.E11-0 Cc: Anne Shepherd, Library Services Director q0 F ORDINANCE NO. 2017 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONEKs Ur INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 201.07 (EQUIVALENT RESIDENTIAL UNITS) OF PART I (IN GENERAL) OF CHAPTER 201 (COUNTY WATER AND SEWER SERVICES) OF THE CODE OF INDIAN RIVER COUNTY, FLORIDA IN ORDER TO ALLOW SINGLE- FAMILY RESIDENTIAL CUSTOMERS WITH MORE THAN ONE ERU UNDER CERTAIN CIRCUMSTANCES TO REDUCE THE ALLOCATION TO ONE ERU; 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 201.07 (Equivalent residential units) of Part I (In General) of Chapter 201 (County Water and Sewer Services). New language indicated by underline, and deleted language indicated by strikethrr ugi Section 201.07 (Equivalent Residential Units) of Part I (In General) of Chapter 201 (County Water and Sewer Services) of the Code of Indian River County, Florida is hereby amended. to read as follows: CHAPTER 201. COUNTY WATER AND SEWER SERVICES PART 1. - IN GENERAL Section .201.07 - Equivalent residential units. Each water and sewer customers' impact fees and service availability charges shall be established on the basis of the number of equivalent residential units (ERUs) of service F:\Attorney\Linda\GENERAL\Resolutions & Ord ina nces\Ord inances\Residential ERU:docx P 16-1�17 ORDINANCE NO. 2017 - required by each customer. The following chart shows the basis for calculating each customer's -minimum number of ERUs. In cases where a customer's property use extends to more than one category listed below, the number of ERUs shall be calculated as the sum of the number of ERUs associated with each type of property use and its respective square footage or other basis used for calculating the number .of ERUs. Where the calculated number of ERUs is a fraction, the calculated number shall be rounded up to the next highest whole number to calculate the number of assigned ERUs. Minimum Equivalent Residential Units 27. due and payable to the lideRt, unlese, the depaFtMeRt, an its sole , ..... A_ single-family residential customer who has obtained more than one ERU and whose maximum monthly water use ranges from zero to three hundred (300) gallons per day on a maximum day basis or zero to two hundred fifty (250) gallons per day on a maximum month basis for a period of twelve (12) months, may submit a request in writing to the department for a reduction to one (1) ERU. In no case shall a retroactive payment, credit or charge or reimbursement of impact fee or related service availability charges paid be due and payable to the owner or resident. 28. In the event that a business is described in the schedule by general classification but the particular nature of said business or structure would result in an inequitable connection charge if the schedule were, used, the department in its discretion, may determine that a higher or lower number of units shall be used, but .in no case shall a retroactive payment, credit or charge for a reclassification of use or number of units be. due and payable to the owner or resident; unless the department, in its sole discretion, determines that such a credit or charge is required by equitable consideration ..... 1 2 F:\Attomey\Linda\GENERAL1Resoiutions & Ord inances\O rd inances\Residential ERU.docx P 16'-3 ORDINANCE NO. 2017- *** Section 3. Codification. It is the intention of the Board of County Commissioners that the provisions 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 Journal on the 3rd day of November, 2017; for a public. hearing to be held on the 14th day of November, 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 The Chairman thereupon declared the ordinance duly passed and adopted this 14th day of November, 2017. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By: Joseph E.. Flescher, Chairman ATTEST: Jeffrey R. Smith, Clerk and Comptroller Approved as to form and legal sufficiency: By: By Deputy Clerk Dylan Reingold, County Attorney EFFECTIVE DATE: This Ordinance was filed with the Department of State on the day of November; 2017.` 3 F:�Attorney\Linda\GENERAL\Resolutions & Ord inances\ordinances\Residential ERU.docx. (, 16--it-1- ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1012201 10/13/2017 OFFICE DEPOT BSD CUSTOMER SVC 90.52 1012202 10/13/2017 WASTE MANAGEMENT INC 3,281.59 1012203 10/13/2017 T -MOBILE USA INC 344.25 1012204 10/13/2017 SOUTHERN COMPUTER WAREHOUSE 2,262.97 1012205 10/13/2017 SOUTHERN JANITOR SUPPLY INC 2,197.53 1012206 10/13/2017 FPS OFFICE SOLUTIONS LLC 3,813.16 1012207 10/16/2017 EVERGLADES FARM EQUIPMENT CO INC 248.87 1012208 10/16/2017 NORTH SOUTH SUPPLY INC 464.31 10.12209 10/16/2017 INDIAN RIVER BATTERY 487.45 1012210 10/16/2017 INDIAN RIVER OXYGEN INC 85.00 1012211 10/16/2017 MIKES GARAGE & WRECKER SERVICE INC 760.00 1012212 10/16/2017 DAVES SPORTING GOODS & TROPHIES 45.00 1012213 10/16/2017 ALLIED UNIVERSAL CORP 4,980.99 1012214 10/16/2017 THE EXPEDITER 181.57 1012215 10/16/2017 GROVE WELDERS INC 1,105.82 1012216 10/16/2011 COMPLETE RESTAURANT EQUIPMENT LLC 176.75 1012217 10/16/2017 FIRST HOSPITAL LABORATORIES INC 129.00 1012218 10/16/2017 DEERE & COMPANY 33.05 1012219 .10/16/2017 COMO OIL COMPANY OF FLORIDA 194.41 1012220 10/16/201.7 COMPLETE ELECTRIC INC 755.00 1012221 10/16/2017 METRO FIRE PROTECTION SERVICES .INC 1,450.00 1012222 10/16/2017 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 410.45 1012223 10/16/2017 BENNETT AUTO SUPPLY INC 68.80 1012224 10/16/2017 AUTO PARTNERS LLC 580.88 1012225 10/16/2017 NEXAIR LLC 33.26 1012226 10/16/2017 NEXAIR LLC 36.09 1012227 10/18/201.7 AT&T 2,220.31. 1012228 10/18/2017 OFFICE DEPOT BSD CUSTOMER SVC 257.06 1012229 10/18/2017 WASTE' MANAGEMENT INC 604.94 1012230 10/19/2017 COPYCOINC 54.90 1012231 10/19/2017 SOUTHERN COMPUTER WAREHOUSE 479.25 1012232 10/19/2017 WIGINTON CORPORATION 570.00 1012233 10/19/2017 THYSSENKRUPP ELEVATOR 750.00 101.2234 1.0/19/2017 COMPLETE ELECTRIC INC 1,110.00 1012235 10/19/2017 SHRIEVE CHEMICAL CO 2,308.59 1012236 10/19/2017 SOUTHERN JANITOR SUPPLY INC 377.08 1012237 10/19/2017 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 284.07 1012238 10/192017 SIMS CRANE & EQUIPMENT CO 1,177.00 1012239 10/192017 RADWELL INTERNATIONAL INC 815.88 1012240 10/192017 PACE ANALYTICAL SERVICES INC 108.00 1012241 10/192017 FPS OFFICE SOLUTIONS LLC 1,036.71 1012242 10/192017 ALLIED DIVERSIFIED OF VERO BEACH LLC 45.00 1012243 10/192017 NEXAIR LLC 359.12 Grand Total: 36,774.63 P17 CHECKS ISSUED TRANS NBR DATE VENDOR AMOUNT 359228 10/13/2017 EVENTMAKERS INTERNATIONAL LLC 209.02 359229 10/19/2017 UTIL REFUNDS 33..29 359230 10/19/2017 UTIL REFUNDS 72.79 359231 10/19/2017 UTILREFUNDS 79.81 359232 10/19/2017 UTIL REFUNDS 80.69 359233 10/19/2017 UTILREFUNDS 59.69 359234 10%19/2017 UTIL REFUNDS 79.11 359235 10/19/2017 UTILREFUNDS 37.39 359236 10/19/2017 UTIL REFUNDS 12.66 359237 10/19/2017 UTIL REFUNDS 252.74 359238 10/19/2017 UTIL REFUNDS 38.07 359239 10/19/2017 UTIL REFUNDS 81.48 359240 10/19/2017 UTIL REFUNDS 13.90 359241 10/19/2017 UTIL REFUNDS 65.05 359242 10/19/2017 UTIL REFUNDS 95.78 359243 10/19/2017 UTIL REFUNDS 40.82 359244 10/19/2017 UTILREFUNDS 71.55 359245 10/19/2017 UTILREFUNDS 1.92 359246 10/19/2017 UTIL REFUNDS 83.85 359247 10/19/2017 UTIL REFUNDS 151.54 359248 10/19./2017 UTIL REFUNDS 85.42 359249 10/19/2017 UTIL REFUNDS 15.35 359250 10/19/2017 UTIL REFUNDS 80.86 359251 10/19/2017 UTIL REFUNDS 70.60 359252 10/19/2017 UTIL REFUNDS 76.46 359253 10/19/2017 UT11, REFUNDS 74.54 359254 10/19/2017 UTIL REFUNDS 76.91 359255 10/19/2017 UTIL REFUNDS 86.22 359256 10/19/2017 UTIL REFUNDS 86.51 359257 10/19/2017 UTIL REFUNDS 80.69 359258 10/19/2017 UTILREFUNDS 79.15 359259 10/19/2017 UTILREFUNDS 17.87 359260 10/19/2011 UTIL REFUNDS 17.99 359261 10/19/2017 UTIL REFUNDS 87.27 359262 10/19/2017 UTILREFUNDS 76.91 359263 10/19/2017 UTIL REFUNDS 38.21 359264 10/19/2017 UTIL REFUNDS 69.96 359265 10/19/2017 UTIL REFUNDS 39.86 359266 10/19/2017 UTIL REFUNDS 48.75 359267 10/19/2017 UTIL REFUNDS 189.75 359268 10/19/2017 UTIL REFUNDS 10.96 359269 10/19/2017 UTIL REFUNDS 74.44 359270 10/19/2017 UTIL REFUNDS 50.24 359271 10/19/2017 UTIL REFUNDS 5.86 359272 10/19/2017 UTIL REFUNDS 43.87 359273 10/19/2017 CLEMENTS PEST CONTROL 335.00 359274 10/19/2017 PORT CONSOLIDATED INC 19,303.56 359275 10/19/2017 JORDAN MOWER INC 386.40 359276 10/19/2017 COMMUNICATIONS INTERNATIONAL 440.00 359277 10/19/2017 COMMUNICATIONS INTERNATIONAL 1,733.56 359278 10/19/2017 COMMUNICATIONS INTERNATIONAL 72.26 359279 10/19/2017 TEN -8 FIRE EQUIPMENT INC 8,768.26 359280 10/19/2017 RANGER CONSTRUCTION IND INC 278.12 359281 10/19/2017 VERO CHEMICAL DISTRIBUTORS INC 193.40 359282 10/19/2017 RICOH USA INC 152.50 359283 10/19/2017 SAFETY PRODUCTS INC 373.84 359284 10/19/2017 STEWART MATERIALS INC 5,909.65 359285 10/19/2017 AT&T WIRELESS 858.02 18 TRANS NBR DATE VENDOR AMOUNT 359286 10/19/2017 SEWELL HARDWARE CO INC 34.57 359287 10/19/2017 DELTA SUPPLY CO 638.77 359288 10/19/2017 E -Z BREW COFFEE & BOTTLE WATER SVC 54.94 359289. 10/19/2017 GRAINGER 13,749.58 359290 10/19/2017 KELLY TRACTOR CO 3,265.42 359291 10/19/2017 AMERIGAS EAGLE PROPANE LP 105.66 359292 10/19/2017 AMERIGAS EAGLE PROPANE LP 144.00 359293 10/19/2017 AMERIGAS EAGLE PROPANE LP 318.09 359294 10/19/2017 AMERIGAS EAGLE PROPANE LP 825.61 359295 10/19/2017 AMERIGAS EAGLE PROPANE LP 929.11 359296 10/19/2017 AMERIGAS EAGLE PROPANE LP 959.80 359297 10/19/2017 WILD LAND ENTERPRISES INC 190.00 359298 10/19/2017 LFI FORT PIERCE INC 1,285.03 359299 10/19/2017 CLIFF BERRY INC 547.50 359300 10/19/2017 ALLIED ELECTRONICS INC 349.27 359301 10/19/2017 BOUND TREE MEDICAL LLC 6.344.80 359302 10/19/2017 VERO INDUSTRIAL SUPPLY INC 2,387.00 35.9303 10/19/2017 VERO FURNITURE MART 8,035.00 359304 10/19/2017 EXPRESS REEL GRINDING INC 3,500.00 359305 10/19/2017 TIRESOLES OF BROWARD INC 7,022.20 359306 10/19/2017 CALL ONE INC Al 80.00 359307 10/19/2017 BARTH CONSTRUCTION INC 105,551.86 359308, 10/19/2017 PRECISION SMALL ENGINE CO INC 834.59 359309 10/19/2017 DELL MARKETING LP 2,685.00 359310 10/19/2017 XEROX CORP SUPPLIES 32.18 359311 10/19/2417 THE GOODYEAR TIRE & RUBBER COMPANY 11,139.04 359312 10/19/2017 BAKER & TAYLOR INC 251.04 359313 10/19/2017 BARNEYS PUMP INC 21,598.00 359314 10/19/2017 MIDWEST TAPE LLC 1,095.55 359315 10/19/2017 PRIZE POSSESSIONS 238.17 359316 10%19/2017 MWI CORP 5.024.51 359317 .10/19/2017 PRECISION CONTRACTING SERVICES INC. 8,600.00 359318 10/19/2017 JOHNSON CONTROLS INC 1,818.00 359319 10/19/2017 ATKINS NORTH AMERICA INC 3,110.82 359320 10/19%2017 PALM TRUCK CENTERS INC 8,286.64 359321 10/19/2017 DEERE & COMPANY 252,826.20 359322 10/19/2017 COMMUNITY ASPHALT CORP 77,493.32 359323 10/19/2017 PING INC 142.68 359324 10/19/2017 CLERK OF CIRCUIT COURT 1,606.95 359325 10/19/2017 INDIAN RIVER COUNTY HEALTH DEPT 601.07 359326 10/19/2017 ROGER J NICOSIA 1,400.00 359327 10/19/2017 CITY OF VERO BEACH 25,756.80 359328 10/19/2017 CHAPTER 13 TRUSTEE 201.08 359329 10/19/2017 COMPBENEFITS COMPANY 80.16 359330 10/19/2017 UNITED WAY OF INDIAN RIVER COUNTY 560.00 359331 10/19/2017 FERGUSON ENTERPRISES INC 8,271.80 359332 10/19/2017 AMERICAN SOCIETY OF CIVIL ENGINEERS 285.00 359333 10/19/2017 FLORIDA DEPARTMENT OF BUSINESS AND 11,392.06 359334 10/19/2017 NAN MCKAY AND ASSOCIATES INC 224.00 359335 10/19/2017 UNITED STATES POSTAL SERVICE 236.00 359336 10/19/2017 APCO INTERNATIONAL, INC 331.00 359337 10/19/2017 TREASURE COAST HOMELESS SERVICES 17,1.84.37 359338 10/19/2017 WAL MART STORES EAST LP 240.78 359339 10/19/2017 ACUSHNET COMPANY 745.78 359340 10/19/2017 INTERNATIONAL GOLF MAINTENANCE INC 88,148.43 359341 10/19/2017 DEANGELO BROTHERS INC 776.00 359342 10/19/2017 GEOSYNTEC CONSULTANTS INC 1,412.28 359343 10/19/2017 ST JOHNS RIVER WATER MGMT DISTRICT 250.00 359344 10/19./2017 WEST PUBLISHING CORPORATION 415.64 359345 10/19/2017 FEDERAL EXPRESS CORP 137.37 2 P19 TRANS NBR DATE VENDOR AMOUNT 359346 10/19/2017 MORGAN & EKLUND INC 24,200.00 359347 10/19/2017 FLORIDA POWER AND LIGHT 78,254.28 359348 10/19/2017 FLORIDA POWER AND LIGHT 1,879.61 359349 10/19/2017 MELECH BERMAN 500.00 359350 10/1.9/2017 STATE ATTORNEY 3._327.05 359351 10/19/2017 CITY OF FELLSMERE 49.16 359352 10/19/2017 PEACE RIVER ELECTRIC COOP INC 258.52 359353 10/19/2017 NSI ALPHA CORPORATION 411.00 359354 10/19/2017 NEW HORIZONS OF THE TREASURE COAST 23,931.00 359355 10/19/2017 WASTE MANAGEMENT INC 184,249.23 359356 10/19/2017 CATHOLIC CHARITIES DIOCESE OF PALM BCH 717.67 359357 10/19/2017 JASON E BROWN 61,2.73 359358 10/19/2017 TRICARE 406.43 359359 10/19/2017 IRC HEALTHY START COALITION INC 500.00 359360 10/19/2017 IRC HEALTHY START COALITION INC 2,500.00 359361 10/19/2017 IRC HEALTHY START COALITION INC 1,000.00 359362 10/19/2017 IRC HEALTHY START COALITION INC 1;666.67 359363 10/19/2017 GLOMASTER SIGN CO INC 200.00 359364 10/19/2017 UNITED HEALTH CARE INS COMPANY 327.88 359365 10/19/2017 G K ENVIRONMENTAL; INC 9,344.25 359366 10/19/2017 THE FLORIDA BAR 750.00 359367 10/19/2017 3 BALL ENTERPRISES LLC 2,000.00 359368 10/19/2017 BLUE CROSS BLUE SHIELD 516.15 359369 10/19/2017 BLUE CROSS BLUE SHIELD 88.08 359370 10/19/2017 DONADIO AND ASSOCIATES ARCHITECTS 4,209.84 359371 10/19/2017 HUMANA 139.91 359372 10/19/2017 INDIAN RIVER COUNTY HOUSING AUTHORITY 370.00 359373 10/19/2017 SCHOOL DISTRICT OF I R COUNTY 6,564.84 359374 10/19/2017 ECONOLITE CONTROL PRODUCTS INC 4,670.00 359375 10/19/2017 ST LUCIE COUNTY BOCC 3,079.44 359376 10/19/2017 ARCADIS U S INC 27,863.20 359377 10/19/2017 INSTITUTE OF TRANSPORTATION 280.00 359378 10/19/2017 PUKKAINC 1,144.00 359379 10/19/2017 RUSSELL PAYNE INC 1,060.29 359380 10/19/2017 TRANE US INC 1,222.00 359381 10/19/2017 POTTERS INDUSTRIES LLC 1.943..48 359382 10/19/2017 CELICO PARTNERSHIP 155.45 359383 10/19/2017 FLORIDA DEPT OF JUVENILE JUSTICE 34,108.33 359384 10/19/2017 VAN WAL INC 110.00 359385 10/19/2017 SYNAGRO-WWT INC 55,137.10 359386 10/19/2017 THE CLEARING COMPANY LLC 2,045.00 359387 10/19/2017 M T CAUSLEY INC 15,691.00 359388 10/19/2017 OCLC ONLINE COMPUTER LIBRARY CENTER 436.66 359389 10/19/2017 MBV ENGINEERING INC 14,745.00 359390 10/19/2017 MASTELLER & MOLER INC 10,766.50 359391 10/19/2017 STAPLES CONTRACT & COMMERCIAL INC 620.04 359392 10/19/2017 KLETTY711, RICHARD & MONICA 35.88 359393 10/19/2017 GLOVER OIL COMPANY INC 17,237.41 359394 10/19/2017 ADMIN FOR CHILD SUPPORT ENFORCEMENT 274.83 359395 10/19/2017 ADMIN FOR CHILD SUPPORT ENFORCEMENT 278.56 359396 10/19/2017 ADMIN FOR CHILD SUPPORT ENFORCEMENT 155.43 359397 10/19/2017 SUNCOAST REALTY & RENTAL MGMT LLC 500.00 359398 10/19/2017 PETER OBRYAN 359.39 359399 10/19/2017 PAK MAIL 490.18 359400 10/19/2017 COMMUNICATIONS BROKERS & CONSULTANTS INC 3.43 359401 10/19/2017 MUNICIPAL WATER WORKS INC 22,961.06 359402 10/19/2017 MOORE MEDICAL LLC 1,723.72 359403 10/19/2017 DYNAMIC AIR QUALITY &. COOLING INC 10.00 359404 10/19/2017 INDIAN RIVER RDA LP 423.00 359405 10/19/2017 WILLIAM RICE 69.42 P20 TRANS NBR DATE VENDOR AMOUNT 359406 10/19/2017 VERO BEACH BROADCASTERS LLC 800.00 359407 10/19/2017 YOUTH GUIDANCE DONATION FUND 1,250.00 359408 10/19/2017 NICOLACE MARKETING INC 600.00 359409 10/1=9/2017 WINSUPPLY OF VERO BEACH 77.00 359410 10/1.9/2017 HMA-SOLANTIC JOINT VENTURE LLC DBA 15.00 359411 10/19/2017 KNAPHEIDE TRUCK EQUIPMENT SOUTHEAST 1,047.00 359412 10/19/2017 BRENNTAG MID -SOUTH INC 5,748.84 359413 10/19/2017 TREASURE COAST MOTOR CYCLE CENTER INC 241.51 359414 10/19/2017 ECMC 260.49 359415 10/19/2017 JANCY PET BURIAL SERVICE INC 29.75 359416 10/19/2017 DANIEL D BAKER 998.00 359417 10/19/2017 LIBERTY MUTUAL 74.40 359418 10/19/2017 STATE OF FL DEPT OF ECONOMIC OPPORTUNITY 175.00 359419 10/19/2017 STATE OF FL DEPT OF ECONOMIC OPPORTUNITY 175.00 359420 10/19/2017 AHEAD LLC 1,511.63 359421 10/19/2017 SEMS TECHNOLOGIES LLC 6,000.00 359422 10/19/2017 GFA INTERNATIONAL INC 10,584.00 359423 10/19/2017 MOORE MOTORS INC 253.01 359424 10/19/2017 LOWES HOME CENTERS INC 793.04 359425 10/19/2017 MACK INDUSTRIES INC 12,000.00 359426 10/19/2017 RAFTELIS FINANCIAL CONSULTANTS INC 2,374.00 359427 10/19/2017 RAFTELIS FINANCIAL CONSULTANTS INC 12,924.00 359428 10/19/2017 CARDINAL HEALTH 110 INC 3,583.80 359429 10/19/2017 BURNETT LIME CO INC 3,278.80 359430 10/19/2017 CARMEN LEWIS 131.50 359431 10/19/2017 DECKMASTERS LLC 6,800.00 359432 10/19/2017 KANSAS STATE BANK OF MANHATTAN 890.57 359433 10/19/2017 CHEMTRADE CHEMICALS CORPORTATION 2,274.26 359434 10/19/2017 DYLAN REINGOLD 135.91 359435 10/19/2017 KATE P COTNER 506.95 359436 10/19/2017 FAMILY SUPPORT REGISTRY 156.45 359437 10/19/2017 REI ENGINEERS INC 2,480.00 359438 10/19/2017 MONA MOSHKI FEDERICI 10.00 359439 10/19/2017 PAIGE LESTER 74.42 359440 10/19/2017 THE LAW OFFICES OF 631.00 359441 10/19/2017 BERNARD EGAN & COMPANY 4,398.45 359442 10/19/2017 PIERCE GOODWIN ALEXANDER & LINVILLE INC 29,915.50 359443 10/19/2017 EAST COAST VETERINARY SERVICES LLC 89.10 359444 10/19/2017 BRYAN CAVE LLP 2,995.50 359445 10/19/2017 RELIANT FIRE SYSTEMS INC 412.00 359446 10/19/2017 PRESTIGE HEALTH CHOICE 221.20 359447 10/19/2017 DIMICHELLI'S CATERING INC 490.00 359448 10/19/2017 SCRIPPS NP OPERATING LLC 936.00 359449 10/19/2017 SCRIPPS NP OPERATING LLC 220.69 359450 10/19/2017 COCA COLA BEVERAGES FLORIDA LLC 97.11 359451 10/1912017 MOLINA HEALTHCARE MEDICAID 647.76 359452 10/19/2017 CATHEDRAL CORPORATION 17,918.96 359453 10/19/2017 UNIFIRST CORPORATION 526.73 359454 10/19/2017 H&H SHADOWBROOK LLC 500.00 359455 10/19/2017 CDA SOLUTIONS INC 7,419.68 359456 10/19/2017 SUNSHINE HEALTH PLAN MEDICAID 88.01 359457 10/19/2017 SITEONE LANDSCAPE SUPPLY LLC 7,003.30 359458 10/19/2017 HYDROMAX USA LLC 28,696.53 359459 10/19/2017 BARSALOU VENTURES LLC 185.83 359460 10/19/2017 ADVANCE STORES COMPANY INCORPORATED 171.99 359461 10/19/2017 PATRIOT PRODUCTIONS LLC 196.50 359462 10/19/2017 GUARDIAN ALARM OF .FLORIDA LLC 75.00 359463 10/19/2017 EGP DOCUMENT SOLUTIONS LLC 88.69 359464 10/.1912417 CROSSOVER MISSION 11,250.00 359465 10/19/2017 NORTH AMERICAN OFFICE SOLUTIONS INC 200.94 21 f TRANS NBR DATE VENDOR AMOUNT 359466 10/19/2017 FLORIDA EAST COAST HOLDINGS CORP 272,335.45 359467 10/19/2017 PTE GOLF LLC 87.97 359468 10/19/2017 IMPERIAL IMPRINTING LLC 1,176.70 359469 10/19/2017 EAST COAST RECYCLING INC 6,000.00 359470 10/19/2017 DOCKSIDE BUILDERS OF SEBASTIAN INC 12,700.00 359471 10/19/2017 HOST COMPLIANCE LLC 10,692.00 359472 10/19/2017 JILLIAN SPARKS 119.00 359473 1.0/19/2017 PEOPLE READY INC 29,065.23 359474 10/19/2017 MATTHEW NEAL VAN ERT 57,083.00 359475 .10/19/2017 RAUL E VIVANCO 180.00 359476 10/19/2017 COLE AUTO SUPPLY INC 1,330.00 359477 10/19/2017 MARISAALEXANDER 24.00 359478 10/19/2017 PROCTOR CONSTRUCTION COMPANY LLC 71,401.95 359479 10/19/2017 KONICA MINOLTA BUSINESS SOLUTIONS 1,723.56 359480 10/19/2017 BETH NOLAN 50.00 359481 10/19/2017 DAY DREAMS UNIFORMS INC 8.00 359482 10/19/2017 SECURITAS ELECTRONIC SECURITY INC 3,567.67 359483 10/19/2017 THOMAS R PILIERO 48.00 359484 10/19/2017 RELX INC 50.00 359485 10/19/2017 TOTALADMINISTRATIV.E SERVICES CORP 16,800.84 359486 10/19/2017 TOTALADMINISTRATIVE SERVICES CORP 1,812.72 359487 10/19/2017 CALVIN GIORDANO & ASSOCIATES INC 3,000.00 359488 10/19/2017 LISA LOMBARDO 185.92 359489 10/19/2017 DAVID WHEATLEY 184.14 359490 10/19/2017 JOHN WALCOTT 48.00 359491 10/19/2017 REPUBLIC INDUSTRIES INC 19,500.00 359492 10/19/2017 GLOBAL TRACKING COMMUNICATIONS LLC 896.36 359493 10/19/2017 NATIONAL METERING SERVICES INC 50,159.04 359494 10/19/2017 MC DERMOTT WILL & EMERY LLP 10,000.00 359495 10/19/2017 JOSHANATYNES 1,750.00 359496 10/19/2017 MONICA OGREN 23.81 359497 10/19/2017 OLYMPUS MANAGED HEALTHCARE 713.60 359498 10/19/2017 WELLMED 373.70 359499 10%19/2017 FREEDOM LIFE 399.68 359500 10/.19/2017 BUREAU OF VICTIM COMPENSATION 381.00 359.501 10/19/2017 RICHARD NALBANDIAN 186.38 359502 10/19/2017 UTIL REFUNDS 39.76 359503 10/19/2017 UTIL REFUNDS 79.44 359504 10/19/2017 UTIL REFUNDS 52.25 359505 10/19/2017 UTIL REFUNDS 44.80 359506 10/19/2017 UTIL REFUNDS 150.66 359507 10/19/2017 UTILREFUNDS 19.82 359508 10/19/2017 UTILREFUNDS 31.65 359509 10/19/2017 UTILREFUNDS 76.28 35951.0 10/19/2017 UTILREFUNDS 79.11 359511 10/19/2017 UTILREFUNDS 84.63 359512 10/19/2017 UTIL REFUNDS 4.66 359513 10/19/2017 UTILREFUNDS 19.86 359514 10/19/2017 UTIL REFUNDS 73.74 359515 10/19/2017 UTIL REFUNDS 39.58 359516 10/19/2017 UTIL REFUNDS 74.54 359517 10/19/2017 UTIL REFUNDS 83.85 359518 10/19/2017 UTIL REFUNDS 50.00 359519 10/19/2017 UTIL REFUNDS 39.76 359520 10/19/2017 UTIL REFUNDS 53.64 359521 10/19/2017 UTILREFUNDS 37.98 359522 10/19/2017 UTIL REFUNDS 22.66 359523 10/19/2017 UTIL REFUNDS 100.65 359524 10/19/2017 UTIL REFUNDS 7.24 359525 10/19/2017 UTIL REFUNDS 43.07 _ I - - - - P22 'TRANS.NBR DATE VENDOR 35.9.526 10/19/201.7 UTIL REFUNDS 359527 10/1912017 UTIL REFUNDS 359528 10/19/2017 UTIL REFUNDS 359529 10/19/2017 UTIL REFUNDS 359530 10/19/2017 UTIL REFUNDS 359531 10/19/2017 UTIL REFUNDS 359532 10/19/2017 UTIL REFUNDS 359533 10/19/2017 UTIL REFUNDS 359534 10/19/2017 UTIL REFUNDS 359535 10/19/2017 UTIL REFUNDS 359536 10/19/2017 UTIL REFUNDS 359537 10/19/2017 UTIL REFUNDS 359538 10/19/2017 UTIL REFUNDS 359539 10/19/2017 UTIL REFUNDS 359540 10/19/2017 UTIL REFUNDS 359541 10/19/2017 UTIL REFUNDS 359542 10/19/2017 UTIL REFUNDS 359543 10/19/2017 UTIL REFUNDS 359544 . 10/19/2017 UTIL REFUNDS. 359545. 10/19/2017 UTIL REFUNDS 359546 10/19/2417 UT1L REFUNDS 359547 .10/19/2017 UTIL REFUNDS 359548 10/19/2017 UTIL REFUNDS 359549 10/19/2017 UTIL REFUNDS 359550 10/19/2017 UTIL REFUNDS Grand Total: AMOUNT 54.82 2.98 11.07 33.21. 79.90 36.21 14.05 34.38 52.88 20.48 104.28 30.70 26.04 46.99 36.70 22.64 46.16 27.17 62.95 43..72 275.65 33.52 135.54 40.36 27.64 2,096,677.18 6 P23 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR .. DATE VENDOR AMOUNT 5470 10/13/2017, VETERANS COUNCIL OF l RC 2,762.71 . 5471 10/13/2017 INDIAN RIVER COUNTY SHERIFF 24,730.04 5472 10/130_017 CDM SMITH INC 3932.50 5473 10/13/2017 VEROTOWN LLC 44,813.34 5474 110/16/2017: BENEFITS WORKSHOP :4,003.2.7. :5475 10/160017 INDIAN RIVER COUNTY SHERIFF 4;978.29 . 5476. 10/16/2017 IRC CHAMBER OF COMMERCE 2;065.37 5477.. 10/16/20:17 IRS -PAYROLL TAXES. 26.66 5478 ...10/16/2017 WRIGHT EXPRESS FSC. 19,570;80 547.9 10/160017 SCHOOL DISTRICT OF I R_COUNTY 72,820.00 5480 10/17/2017, IRS -PAYROLL TAXES - . 7,797.17. Grand: Total: t t t i 187,500:15 1 P24 CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 359551 10/25/2017 PAUL CARONE 3,887.00 359552 10/25/2017 GREENE INVESTMENT PARTNERSHIP LTD 3,772.96 359553 10/25/2017 LLNDSEY GARDENS LTD 751.00 359554 10/25/2017 WILLIE C REAGAN 1,350.00 359555 10/25/2017 INDIAN RIVER COUNTY HEALTH DEPT 52,747.50 359556 10/25/2017 MEDICAL EXAMINERS OFFICE 35,224.16 359557 10/25/2017 VICTIM ASSISTANCE PROGRAM 5,532.66 359558 10/25/2017 ROGER J NICOSIA 1,500.00 359559 10/25/2017 CITY OF VERO BEACH 2,108.02 359560 10/25/2017 CITY OF VERO BEACH 11,787.50 359561 10/25/2017 LARRY STALEY 593.00 359562 10/25/2017 PINNACLE GROVE LTD 1,257.00 359563 10/25/2017 VERO CLUB PARTNERS LTD 1,981.00 359564 10/25/2017 DAVID SPARKS 1,407.00 359565 10/25/2017 THE PALMS AT VERO BEACH 1,102.00 359566 10/25/2017 ED SCHLITT LC 2,832.00 359567 10/25/2017 JOHN OLIVIERA 1,432.00 359568 10/25/2017 ARTHUR PRUETT 484.00 359569 10/25/2017 JOSEPH LOZADA 677.00 359570 10/25/2017 MICHAEL JAHOLKOWSKI 547.00 359571 10/25/2017 LUCY B HENDRICKS 573.00 359572 10/25/2017 R MAX OF INDIAN RIVER INC 100.00 359573 10/25/2017 SYLVESTER MC INTOSH 365.00 359574 10125/2017 PAULA WHIDDON 553.00 359575 10/25/2017 JAMES W DAVIS 372.00 359576 10/25/2017 NITA EZELL 609.00 359577 10/25/2017 LINDSEY GARDENS 11 LTD 616.00 359578 10/25/2017 MISS INC OF THE TREASURE COAST 2,174.00 359579 10/25/2017 DANIEL CORY MARTIN 2,680.00 359580 10/25/2017 PAULA ROGERS & ASSOCIATES INC 601.00 359581 10/25/2017 FIVE STAR PROPERTY HOLDING LLC 847.00 359582 10/25/2017 MARK BAER 3.544.00 359583 10/25/2017 JUAN CHAVES 700.00 359584 10/25/2017 REID REALTY 606.00 359585 10/25/2017 MELISSA CAMARATA 838.00 359586 10/25/2017 FOUNDATION FOR AFFORDABLE RENTAL 758.00 359587 10/25/2017 INDIANTOWN NON=PROFIT HOUSING INC 1,_340.00 359588 10/25/2017 AUGUSTUS B FORT JR 581.00 359589 10/25/2017 H&H SHADOWBROOK LLC 568.00 359590 10/25/2017 HUMAYUN SHAREEF 963.00 359591 10/25/2017 VERO BEACH PLACE LLC 5,242.00 359592 10/25/2017 WEDGEWOOD RENTALS LLC 615.00 359593 10/25/2017 GNS REAL ESTATE HOLDINGS LLC 1,920.00 359594 10/25/2017 COALITION FORATTAINABLE HOMES INC 1,533.00 359595 10/25/2017 HELPING HANDS REAL ESTATE & INVESTMENT CO 2.850.00 359596 10/25/2017 ALIX DENAEAU 922.00 359597 10/25/2017 1135 RENTALS LLC 1.031.00 359598 10/25/2017 STEVEN J BERGAMINO 1,350.00 359599 10/25/2017 BLUE DRAGON MANAGEMENT LLC 1,175.00 359600 10/25/2017 MCLAUGHLIN PROPERTIES LLC 536.00 359601 10/25/2017 HOWARD R BRENNAN 556.00 359602 10/25/2417 NKW PIP HOLDINGS I LLC 3,154.00 359603 10/25/2017 MAXIPLEX LLC 5,713.00 359604 10/26/2017 UTIL REFUNDS 86.02 359605 10/26/2017 UTIL REFUNDS 19.48 359606 10/26/2017 UTIL REFUNDS 36.98 359607 10/26/2017 UTIL REFUNDS 39.04 359608 10/26/2017 UTIL REFUNDS 34.37 P26 TRANS NBR DATE VENDOR AMOUNT 359609 10/26/2017 UTIL REFUNDS 18999 359610 10726/2017 UTIL REFUNDS 21.88 359611 10/26/2017 UTIL REFUNDS 40.96 359612 10/26/2017 UTIL REFUNDS 29.19 359613 10126/2017 UTIL REFUNDS 33.53 359614 10/26/2017 UTIL REFUNDS 68.85 359615 10/26/2017 UTILREFUNDS 39.32 359616 10/26/2017 UTIL REFUNDS 10.13 359617 10/26/2017 UTIL REFUNDS 82.28 359618 10/26/2017 UTI LREFUNDS 38.76 359619 10/26/2017 UTIL REFUNDS 32.76 359620 10/26/2017 UTIL REFUNDS 45.58 359621 10/26/2017 UTILREFUNDS 39.09 359622 10/26/2017 UTIL REFUNDS 29.48 359623 10/26/2017 UTIL REFUNDS 86.79 359624 10/26/2017 UTIL REFUNDS 75.11 359625 10/26/2017 UTIL REFUNDS 39.86 359626 10/26/2017 UTIL REFUNDS 68.22 359627 10/26/2017 UTIL REFUNDS 62.86 359628 10/26/2017 UTIL REFUNDS 42.39 359629 10/26/20.17 UTIL REFUNDS 45.03 359630 10/26/2017 UTILREFUNDS 54.27 359631 10/26/2017 UTIL REFUNDS 72.01 359632 10/26/2017 UTILREFUNDS 34.07 359633 10/26/2017 UTIL REFUNDS 43.85 359634 10/26/2017 UTIL REFUNDS 61.74 359635 10/26/2017 UTIL REFUNDS 68.22 359636 10/26/2017 UTIL REFUNDS 75.83 359637 10/26/2017 UTIL REFUNDS 44.60 359638 10/26/2017 UTIL REFUNDS 63.65 359639 10/26/2017 UTILREFUNDS 63.72 359640 10/26/2017 UTILREFUNDS 43.97 359641 10/26/2017 UTIL REFUNDS 36.57 359642 10/26/2017 UTILREFUNDS 7.94 359643 10/26/2017 UTIL REFUNDS 34.10 359644 10/26/2017 UTIL REFUNDS 83.85 359645 10/26/2017 UTIL REFUNDS 73.86 359646 10/26/2017 UTIL REFUNDS 67.93 359647 10/26/2017 UTIL REFUNDS 25.55 359648 10/26/2017 UTIL REFUNDS 60.64 359649 ]0/26/2017 UTILREFUNDS 45.35 359650 10/26/2017 UTIL REFUNDS 50.00 359651 10/26/2017 UTIL REFUNDS 70.55 359652 10/26/2017 UTILREFUNDS 79.14 359653 10/26/2017 UTIL REFUNDS 75.49 359654 10/26/2017 TEN -8 FIRE EQUIPMENT INC 12,363.72 359655 10/26/2017 RANGER CONSTRUCTION IND INC 1,266.84 359656 10/26/2017 VERO CHEMICAL DISTRIBUTORS INC 65.00 359657 10/26/2017 RICOH USA INC 162.98 359658 10/26/2017 KIMLEY HORN & ASSOC INC 14,042.58 359659 10/26/2017 STEWART MATERIALS INC 971.92 359660 10/26/2017 AT&T WIRELESS 1,494.14 359661 10/26/2017 THOMAS P WHITE 385.00 359662 10/26/2017 PARALEE COMPANY INC 500.00 359663 10/26/2017 DELTA SUPPLY CO 21.69 359664 10/26/2017 E -Z BREW COFFEE & 'BOTTLE WATER SVC 84.86 359665 10/26/2017 GRAINGER 385.89 359666 10/26/2017 MY RECEPTIONIST INC 355.38 359667 10/26/2017 AMERIGAS EAGLE PROPANE LP 1,130.06 359668 10/26/2017 AMERIGAS EAGLE PROPANE LP 1,707.05 P27 TRANS NBR DATE VENDOR AMOUNT 359669 10/26/2017 WILD LAND ENTERPRISES INC 12.11 359670 10/26/2017 HACH CO 3,896.01 359671 10/26/2017 LFI FORT PIERCE INC 1,900.85 359672 10/26/2017 CLIFF BERRY INC 70.00 359673 10/26/2017 SWE INC 325.00 359674 10/26/2017 BOUND TREE MEDICAL LLC 36.50 359675 10/26/2017 SCHULKE BITTLE & STODDARD LLC 500.00 359676 10/26/2017 TIRESOLES OF BROWARD INC 3,161.50 359677 10/26/2017 ARMFIELD WAGNER APPRAISAL AND RESEARCH INC 600.00 359678 10/26/2017 PRECISION SMALL ENGINE CO INC 74.89 359679 10/26/2017 THE GOODYEAR TIRE & RUBBER COMPANY 565.00 359680 10/26/2017 UTILITY SERVICE CO INC 2,50.0.00 359681 10/26/2017 BAKER & TAYLOR INC 1,802.03 359682 10/26/2017 K & M ELECTRIC SUPPLY 232.37 359683 10/26/2017 BAKER DISTRIBUTING CO LLC 15.62 359684 10/26/2017 ATKINS NORTH AMERICA INC 27,500.00 359685 10/26/2017 CENGAGE LEARNING INC 8,077.00 359686 10/26/2017 JIMMYS AIR & REFRIGERATION INC 390.05 359687 10/26/2017 COMMUNITY ASPHALT CORP 11,386.88 359688 10/26/2017 LINDSEY GARDENS LTD 500.00 359689 10/26/2017 CREATIVE CHOICE HOMES XVI LTD 10,475.00 359690 10/26/2017 TINDALE-OLIVER & ASSOCIATES INC 2,470.88 359691 10/26/2017 PST SERVICES INC 31,503.52 359692 10/26/2017 INDIAN RIVER COUNTY HEALTH DEPT 70.00 359693 10/26/2017 CITY OF VERO BEACH 58,270.01 359694 10/26/2017 PATTERSON VETERINARY SUPPLY INC 97.84 359695 10/26/2017 FERGUSON ENTERPRISES INC 3,018.64 359696 10/26/2017 LIVINGSTON PAGE 194.00 359697 10/26/2017 JANITORIAL DEPOT OF AMERICA INC 777.84 359698 10/26/2017 FLORIDA FISH & WILDLIFE 4,491.71 359699 10/26/2017 ACUSHNET COMPANY 598.04 359700 10/26/2017 FLORIDA WATER & .POLLUTION CONTROL 130.00 359701 10/26/2017 FLORIDA WATER & POLLUTION CONTROL 160.00 359702 10/26/2017 FLORIDA WATER & POLLUTION CONTROL 160.00 359703 10/26/2017 EXCHANGE CLUB CASTLE 5,223.34 359704 10/26/2017 EXCHANGE CLUB CASTLE 2,509.85 359705 30/26/2017 WEST PUBLISHING CORPORATION 139.00 359706 10/26/2017 FEDERAL EXPRESS CORP 29.70 359707 10/26/2017 CITY OF SEBASTIAN 22,690.21 359708 10/26/2017 JOHN KING 47.00 359709 10/26/2017 CALLAWAY GOLF SALES COMPANY 1,645.51 359710 10/26/2017 FLORIDA POWER AND LIG14T 103,926.03 359711 10/26/2017 FLORIDA POWER AND LIGHT 24,275.47 359712 10/26/2017 AMERICAN PLANNING ASSOCIATION 130.00 359713 10/26/2017 CITY OF FELLSMERE 13.92 359714 10/26/2017 WASTE MANAGEMENT INC 13,000.00 359715 10/26/2017 TOCOMA RUBBER STAMP & MARKING SYSTEM 761.09 359716 10/26/2017 TROY FAIN INSURANCE INC 103.00 359717 10/26/2017 TROY FAIN INSURANCE INC 103.00 359718 10/26/2017 BUILDING OFFICIALS ASSOC OF FLORIDA 149.00 359719 10/26/2017 NATIONAL ASSOC OF CONSERVATION 775.00 359720 10/26/2017 HENRY SMITH 240.00 359721 10/26/2017 FIRST AMENDMENT FOUNDATION 79.79 359722 10/26/2017 3 BALL ENTERPRISES LLC 200.00 359723 10/26/2017 BANK OF NEW YORK 1,437.50 359724 10/26/2017 PINNACLE GROVE LTD 1,000.00 359725 10/26/2017 SIMPLEXGRINNELL LP 1,038.00 359726 10/26/2017 CAROLINA SOFTWARE INC 500.00 359727 10/26/2017 ECONOLITE CONTROL PRODUCTS INC 728.00 359728 10/26/2017 ARCADIS U S INC 11,545.61 - -----P28 TRANS NBR DATE VENDOR AMOUNT 359729 10/26/2017 TRANE US INC 6,412.00 359730 10/26/2017 CINTAS CORPORATION NO 2 31.62 359731 10/26/2017 JOSEPH W VASQUEZ 168.00 359732 10/26/2017 FLORIDA RURAL LEGAL SERVICES INC 1,865.23 359733 10/26/2017 NATIONALNOTARYASSOCIATION 199.00 359734 10/26/2017 ALAN HILL 354.00 359735 10/26/2017 ASSOCIATON OF FLORIDA CONSERVATION DISTRICTS 350.00 359736 10/26/2017 STAPLES CONTRACT & COMMERCIAL INC 42.95 359737 10/26/2017 W F MCCAIN & ASSOCIATES INC 1,930.00 359738 10/26/2017 GARY LEMBREY 100.00 359739 10/26/201.7 LARRY STEPHENS 292.60 359740 10/26/2017 FLORIDA CONSERVATION DIST EMP ASSOC 10.00 359741 10/26/2017 D&S ENTERPRISES OF VERO BCH LLC. 6.60 359742 10/26/2017 WHEELABRATOR RIDGE ENERGY INC 2,567.85 359743 10/26/2017 JOHNNY B SMITH 238.00 359744 10/26/2017 TODD TARDIF SR 17.00 359745 10/26/2017 INDIAN RIVER CHARTER HIGH SCHOOL 500:00 359746 10/26/2017 MADESSIA FLOWERS 192.00 359747 10/26/2017 OSLO CITRUS GROWERS ASSOC 1,513.05 359748 10/26/2017 SOUTHEAST SECURE SHREDDING 151.88 359749 10/26/2017 DIANE SABONJOHN 550.00 359750 10/26/2017 NICOLACE MARKETING INC 1,800.00 359751 10/26/2017 WINSUPPLY OF VERO BEACH 39.50 359752 10/26/2017 OMNI ORLANDO RESORT 596.00 359753 10/26/2017 NORTH HARRIS COMPUTER CORPORATION 97,717.28 359754 10/26/2017 VERA SMITH 48.00 359755 10/26/2017 GARRETT SMITH 214.00 359756 -10/26/2017 FORTY FOURTH ASSOCIATES, LLC 400.00 359757 10/26/2017 WOERNER DEVELOPMENT INC 213.00 359758 10/26/2017 KEMPER BUSINESS SYSTEMS 30.25 359759 10/26/2017 HEATHER HATTON 20.00 359760 10/26/2017 MOORE MOTORS INC 197.04 359761 10/26/2017 NEWSOM OIL COMPANY 561.00 350762 10/26/2017 TIM ZORC 24.30 359763 1'0/26/2017 LOWES HOME.CENTERS INC 1,387.51 359764 10/26/2017 RAFTELIS FINANCIAL CONSULTANTS INC 2,905.50 359765 10/26/2017 TRV ADVERTISTING & MARKETING INC 368.00 359766 10/26/2017 BURNETT LIME CO INC- 6,392.40 359767 10/26/2017 ATLANTIC ROOFING II OF VERO BEACH INC 67,259.00 359768 10/26/2017 TREASURE COAST TURF INC 123.50 359769 10/26/2017 CARMEN LEWIS 150.00 359770 10/26/2017 CALDWELL PACETTI EDWARDS 403.77 359771 10/26/2017 CHEMTRADE CHEMICALS CORPORTATION 2,275.43 359772 10/26/2017 SUSAN ADAMS 66.97 359773 10/26/2017 MONA MOSHKI FEDERICI 10.00 359774 10/26/2017 THE LAW OFFICES OF 300.00 359775 10/26/2017 PROFESSIONAL GOLF BALL 2,463.48 359776 10/26/2017 RELIANT FIRE SYSTEMS INC 471.30 359777 10/26/2017 ENCORE ONE LLC 1,083.87 359778 10/26/2017 RED THE UNIFORM TAILOR 766.89 359779 10/26/2017 CATHEDRAL CORPORATION 1,161.54 359780 10/26/2017 UNIFIRST CORPORATION 1,981.16 359781 10/26/2017 STEARNS, CONRAD AND SCHMIDT 525..00 359782 10./26/2017 SITEONE LANDSCAPE SUPPLY LLC 124.45 359783 10/26/2017 BARSALOU VENTURES LLC 2,355.00 359784 10/26/2017 ADVANCE STORES COMPANY INCORPORATED 204.64 359785 10/26/2017 DENISE GILLESPIE 60.00 359786 10/26/2017 EGP DOCUMENT SOLUTIONS LLC 2;875.22 359787 10/26/2017 WURTH USA INC 49.00 359788 10/26/2017 FLORIDA EAST COAST HOLDINGS CORP .23,313.08 4 P29 TRANS NBR DATE VENDOR AMOUNT j 359789 10/26/2017 CERES ENVIRONMENTAL SERVICES 635,588.57 359790 10/26/2017 NWI RECYCLING INC 3,548.00 359191 10/26/2017 EAST COAST RECYCLING INC 1,500.00 359792 10/26/2017 MATHESON TRI -GAS INC 3,022.50 359793 10/26/2017 AQSEPTENCE GROUP INC 4,092.91 359794 10/26/2017 RAUL E V]VANCO 180.00 359795 10/26/2017 COLE AUTO SUPPLY INC 2,339.79 359796 10/26/2017 WILLIE BURDEN 120.00 359797 10/26/2017 MARISAALEXANDER 16.00 359798 10/26/2017 KIMBERLY RICCI.ARDONE 140.00 359799 10/26/2017 BETH NOLAN 50.00 359800 10/2612017 ALLAN D KELLERMAN 6,800.00 359801 10/26/2017 SECURITAS ELECTRONIC SECURITY INC 15,823..10 359802 10/26/2017 THOMAS R PILIERO 64.00 359803 10/26/2017 ALEXANDRA APOSTOLIDES 12.00 359804 10/26/2017 BOWMAN CONSULTING GROUP LTD 56,374.18 359805 10/26/2017 INTERNATIONAL CRITICAL. INCIDENT STRESS 10,000.00 359806 10/26/2017 BOBBY ROGERS PAINTING & PRESSURE 12,870.00 359807 10/26/2017 CORE & MAIN LP 8,002.27 359808 10/26/2017 CORE & MAIN LP 127.50 359809 10/26%2017 JOHN WALCOTT 48.00 359810 10/26/2017 ERIC SKALA 7&00 359811 10/26/2017 DAISY COLE 462.75 359812 10/26/2017 LONNIE SCOTT 91.15 359813 10/26/2017 ANGEL BECK 90.00 359814 10/26/2017 FSAWWA 2017 CONFERENCE 795.00 Grand Total: i 1,583,487.05 5 P30 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE .VENDOR AMOUNT 1012244 1.0/20/2017 OFFICE DEPOT BSD CUSTOMER SVC 1,772.93 1012245 10/20/2017 WASTE MANAGEMENT INC 1,495.28 1012246 10/23/2017 HENRY SCHEIN INC 3968.90 1012247 10/23/2017 INDIAN RIVER BATTERY 1,506.40 1012248 10/23/2017 MIKES GARAGE & WRECKER SERVICE INC 1,718.08 1012249 10/23/2017 GALLS LLC 942.19 1'012250 10/23/2017 MEEKS PLUMBING INC 690.00 1012251 10/23/2017 IRRIGATION CONSULTANTS UNLIMITED INC 27.44 1012252 10/23/2017 GLOBAL GOLF SALES INC 85.61 1012253 10/23/2017 MIDWEST MOTOR SUPPLY CO 947.51 1012254 10/23/2017 METRO FIRE PROTECTION SERVICES INC 2,283.61 1012255 10/23/2017 L&L DISTRIBUTORS 548.71 1012256 10/24/2017 AT&T 8,869.79 1012257 10/24/2017 OFFICE DEPOT BSD CUSTOMER SVC 1,498.07 1012258 10/242017 WASTE MANAGEMENT INC 3,046.32 1012259 10/24/2017 COMCAST 84.90 1012260 10/24/2017 EVERGLADES FARM EQUIPMENT CO INC 1,624.98 1012261 10/24/2017 COLD AIR DISTRIBUTORS WAREHOUSE 119.62 1012262 10/24/2017 DEMCOINC 128.8.0 1012263 10/242017 CENTER POINT INC 6,960.60 1012264 10/24/2017 ABCO GARAGE DOOR CO INC 110.00 1012265 10/24/2017 ALLIED UNIVERSAL CORP 2,501.95 1012266 10/24/2017 ESRIINC 9,419.50 1012267 10/24/2017 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 330.98 1012268 10/262017 SOUTHERN COMPUTER WAREHOUSE 4,067.41 1012269 10/26/2017 THYSSENKRUPP ELEVATOR 9,066.00 1012270 1026/2017 SHRIEVE CHEMICAL CO 2,309.56 1012271 10/26/2017 RECHTIEN INTERNATIONAL TRUCKS 167.72 1012272 10/26/2017 SOUTHERN JANITOR SUPPLY INC 1,984.81 1012273 10/26/2017 HYDRA SERVICE (S) INC 7,392.71 1012274 10262017 ALLIED DIVERSIFIED OF VERO BEACH LLC 165.00 Grand Total: 75,835.38 P31 ELECTRONIC PAYMENTS - WIRE & A'CH j TRANS NBR .. DATE VENDOR AMOUNT 5481 10/2012017 CDM SMITH INC 4,225.00 5482 " 10/20/2017 RUSSELL PAYNE"INC 158,241.83 5483 10/20/2017 FLORIDA DEPARTMENT.. OF BUSINESS AND 8,551.91 5484 10/20/2017 NATIONWIDE SOLUTIONS RETIREMENT INC 2,325:91 5485: ` .10/20/2017 FLORIDA LEAGUE OF CITIES, INC 31509.93 5486. 10/20/2017 ICMA RETIREMENT CORPOR?iTION 11,556.16 .5487 .10/20/2017 TEAMSTERS LOCAL UNION #769 5,321.50. 5488 10/20/2017 IRC FIRE FIGHTERS ASSOC. 6;450..00 .. 5489 .. 10/20/20.17 -ICMA RETIREMENT CORPORATION 1,970.00 5490 10[20/2017 NATIONWIDE" SOLUTIONS RETIREMENT INC 33;460.24. 5491 .: 10/23/2017 " " FL SDU 5,911.09 4 5492 1.0/23/2017 IRS -PAYROLL TAXES 438,234:47 ! 5493. ::10/23/2017 TOTAL ADMINISTRATIVE SERVICES CORP 10;098:41 j ...5494 10%26/2017 _ SENIOR RESOURCE ASSOCIATION 156;591.63 5495:. 10/26/2017 SENIOR RESOURCE ASSOCIATION 233,058.00 i f f f Grand Total: 1,079,502:08 f f _ — -� P32 S.c. 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: Maria Resto, Emergency Services Manager . Department of Emergency Services DATE: September 26, 2017 SUBJECT: Request for Sole Source to HigherGround Inc. for Maintenance of E911 Call Taking Equipment 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: Since the completion of the E91 I Call Taking Equipment upgrade in 2011; HigherGround Inc. has provided daily remote software and hardware support and maintenance for the recording system. Indian River County has four (4) E911 Dispatch Center recording sites. These sites are located at the Emergency Operations Center, Indian River County Sheriff's Department, Sebastian Police Department and Vero Beach Police Department and, they use proprietary' HigherGround software. This agreement guarantees 24/7 monitoring of all recording devices and immediate notification of any equipment or network failures. HigherGround Inc. is responsible for monitoring over 300 software and hardware alarm items to detect problems with outages, phone networks, hardware and/or software. Using software remote access HigherGround Inc. responds to any alarms received and perform routing software maintenance, scheduled software updates and perform emergency software maintenance or repairs. In addition, voice support with access to certified technicians for troubleshooting and consultation on all systems will be provided At this time, there are no other service agencies in :Florida authorized or certified by HigherGround Inc. to perform such maintenance or installation of additional parts on any HigherGround recording systems. P33 P35 r •■ r HIGHERGROUHD TECHNOLOGY SOLO11ONS STANDARD MAINTENANCE AGREEMENT (US) Agreement Preparation Date: October 4, 2017 This Post -Warranty Maintenance Agreement (the "Agreement") by and between HigherGround, Inc. (HigherGround), a California corporation having its principal place of business at 21201 Victory Blvd., Suite 1o5, Canoga Park, CA 91303, and Indian River County, having its principal place of business at 4225 43rd Avenue, Vero Beach, FL is Effective on the date set forth in the Agreement Signatures. This Agreement is the complete agreement between the parties hereto concerning the subject matter of this Agreement and replaces any prior or contemporaneous oral or written communications between the parties. In the event of conflict between the terms of this Agreement and the terms of an Exhibit, the terms of the Exhibit shall govern. This Agreement may only be modified by a written document executed by the parties hereto. Warranty Period HigherGround warrants its Products to be free of defects in both material and workmanship, under normal use and service, when installed and maintained in accordance with HigherGround written instructions. The warranty period is one (1) year and begins on the installation date or 3o days after the system is shipped by HigherGround, whichever is earlier. For Software orders, the shipment date is the date HigherGround delivers the software to the Customer. Please see the Limited Warrantyforfull terms and conditions. Post -Warranty Maintenance and Support Summary HigherGround shall be responsible for using all commercially reasonable diligence to correct any verifiable and reproducible fault of the recording system when reported to HigherGround in accordance With its standard reporting procedures. All work will be performed remotely using high-speed access via a mutually agreed upon, secure method. HigherGround will perform all routine maintenance, support, and updates during Business Hours. Remote software updates will be performed as Mandatory Updates, Software Updates, Service Packs or Software Patches become available. Service required for failures that are not a result of normal wear and tear, or otherwise not covered by this agreement shall be furnished on a time and materials basis. HigherGround shall maintain a trained staff capable of rendering the services set forth in this Agreement. Definitions Critical Maintenance: Critical maintenance includes any action necessary to restore primary operation of the HigherGround system. Routine Maintenance: Routine maintenance includes preventative maintenance as well as any repairs not required immediately to restore primary operation of the system. Critical Alarms: Critical alarms are indications of a failure or impending failure of a major component, feature or function of the system. Minor Alarms: Minor alarms are indications of abnormalities or malfunctions that do not impact primary operation of the system. V:2o17o816 Standard Maintenance Agreement CONFIDENTIAL Page z of ii 818.456.1600 • www.higherground.com • 21201 Victory Blvd, Ste io5, Canoga Park CA 91303 HigherGround and the HigherGround logo are registered marks of HigherGround, Inc. P36 rr LIE rr■i HIGHERGROUNG 1 CLNNpl6Gr SOLIli1tlN5. Remote: HigherGround certified technicians connect to Customer's recording system using remote control software or VPN. Onsite: At the address where the HigherGround system is located. HigherGround Business Hours: Monday thru Friday, except Holidays, 6 am to 6 pm Pacific Time. Local Business Hours: Monday thru Friday, except Holidays, 8 am to 5 pm at the Customer location. 24 -Hour: 24 hours per day, 7 days per week. Mandatory Updates: corrections to the computer code or documentation included in the Products required in order to maintain marketable performance of the Products (address Critical Maintenance issues) and, in connection therewith, conformity of the code, documentation, and marketing literature relating to a particular Product. Current Product: At this time, HigherGround offers two different products, each of which is a package of applications. The current products are NextGen Capturegsi and Calibre. In the future, HigherGround may offer new or different products under different product names. Supported End -of -Life Product: A product which is no longer offered for sale by HigherGround, and for which HigherGround will continue to provide support for a specific period of time. For example, Fusion Series 7 is a Supported End -of -Life Product. HigherGround will continue to support for Fusion Series 7 until December 31, 2o18. Product Upgrade: means a change from one product to another, for example from Fusion Series 7 to Calibre. Product upgrades are provided at an additional charge that will be determined by HigherGround when a new product becomes available. Software Patch: Software code written to address local functionality issues (bug fixes) not currently fixed with the latest Service Pack, Software Update, or Software Upgrade. Service Pack: A specific, sequential edition of a given Release/Version, which may include updates, and/or bug fixes. A Service Pack is designated by a letter to the right of the second decimal point (such as R.v.x or R.v.y or R.v.z) a.k.a. "Update". Software Release: A specific edition of the licensed Software that provides additional feature(s). For example, Calibre is designated by a number located to the left of the first decimal point. Calibre r. 8.5.2 is read as "Calibre release eight dot five dot two" or Release 8, Version 5, Service Pack 2. Active Release: The current Software Release. Supported Release: Any release prior to the Active Release for which HigherGround continues to provide support. Generally, HigherGround supports one (i) ortwo (2) Releases priorto the Active Release. Inactive Release: Any Release priorto the Active and Supported Releases. HigherGround will not provide Patches or Service Packs for Inactive Releases. Any Customer on an Inactive Release will be updated to the Active Release prior to troubleshooting or patching most issues. Software Version: A specific edition of the Software Release that includes minor feature or feature set additions. A Version is designated by a number to the right of the first decimal point. Calibre r 8.5.2 is read as "Calibre Release eight dot five dot two" or Release 8, Version 5, Service Pack 2. Software Upgrade: means a change that may represent an improvement in the quality or performance of the product or provide additional functionality. It may be represented by but is not limited to Releases or Versions. (For example, Release 8 version 5 may be upgraded to Release 8 version V:2o17o8i6 Standard Maintenance Agreement CONFIDENTIAL Page 3Of11 818.456.i600 • www.higherground.com • 21201 Victory Blvd, Ste io5, Canoga Park CA 9i303 HigherGround and the HigherGround logo are registered marks of HigherGround, Inc. P37 r R. ■ o HIGNERGIt01lNQ IELNNOIOGYSOW�IONS 6). Software upgrades to a newer version of the same product will be provided at no charge to Customer while under an active maintenance agreement. Software Updates: HigherGround will periodically release new versions of its Software. Software updates, which include new features and enhancements as they come available, will be provided at no charge to End -Users under warranty or an active maintenance agreement. Problem Severities Severity i — Critical Failure An existing recording system is down, more than So% of the endpoints are not being recorded or there is a critical impact to an End User's business operation. Severity 2 — Major Failure Operation of Customer's recording system is severely degraded, more than 3.o% of endpoints are not being recorded; recording quality is severely degraded, End User's are unable to access the recording system to retrieve data or significant aspects of End User's business operation are negatively impacted by unacceptable network or environment performance. Severity 3 — Minor Failure Operational performance of End User's recording system is impaired, fewer than 1o% of endpoints are not being recorded, recording quality is somewhat degraded and End User's access to the system or data is limited, although most business operations remain functional. Severity 4.— Request for Assistance End User requires information or assistance on HigherGround product capabilities, installation, or configuration. Business Day Support HigherGround will provide both Critical and Routine Remote Maintenance Services during the Business Day (8am — 6pm local time). Requests for service under this agreement may be initiated by calling the HigherGround Client Support Center at (828) 251-5277 or sending an e-mail to service@ higherground.com. All requests must include a detailed description of the issue being reported and any diagnostic or corrective actions already taken. Automated service tickets will be opened by HigherGround when the recording system delivers critical alarms to our Center. HigherGround will advise Customer when software updates or upgrades are available. If, after reviewing release notes, Customer approves an update or upgrade, HigherGround will apply the update or upgrade during Business Hours. V:2o17o816 Standard Maintenance Agreement CONFIDENTIAL 818.456.i.600 • www.higherground.com • 21201 Victory Blvd, Ste 105, Canoga Park CA 91303 . HigherGround and the HigherGround logo are registered marks of HigherGround, Inc. Page 4 of zi P38 n �as M .: HICHERGROUNQ IEcw+0105raowrmr s HigherGround Response Times for Business Day Support Severity Response Time Resolution Time Local Business Off Hours Local Business Off Hours Day Day Severity 1 1 Hour Next Business Day 8 Hours 1 Business Day Critical Failure Severity 2 2 Hours Next Business Day 16 Hours 2 Business Days Major Failure Severity 3 1 Business Day Next Business Day 4 Business Days 4 Business Days Minor Failure Severity 4 1 Business Day Next Business Day As Agreed As Agreed Request for Assistance When HigherGround responds to an alarm, we will attempt to notify Customer by phoning and/or emailing the primary contact before connecting to the system. If the alarm is for a Critical or Major Failure, the technician will still connect to the system and attempt to rectify the problem, even if the primary contact does not respond. If the technician is unable to connect to the recording system using the standard high-speed connection provided by Customer, response and resolution may be delayed. Exclusions from Business Day Support The following services are not covered under this maintenance agreement: • System administration, including additions, moves and changes of phones or users. • Support or maintenance of cabling, hardware or software not provided by HigherGround such as routers, switches, phones, SPAN ports, PBXs or ACDs. • Maintenance of the data network including ensuring Customer workstations can access the recording system, ensuring HigherGround can access the system remotely, and ensuring the system can deliver alarms to HigherGround via e-mail. • Maintenance of all user workstations and domain user accounts, including ensuring that workstations and users have appropriate permissions to access all features of the recording system. • Support or maintenance outside of Business Hours. • On-site support or maintenance. 24 Hour Support HigherGround will provide Routine Remote Maintenance Services during the Business Day (8am — 6pm local time). HigherGround will provide Critical Remote Maintenance Services as needed, 24 hours a day. Requests for service underthis agreement may be initiated by calling the HigherGround Client Support Center at (818) 251-5277 or sending an e-mail to service@higherground.com. All requests must include a detailed description of the issue being reported and any diagnostic or corrective actions already V:2oi7o83.6 Standard Maintenance Agreement CONFIDENTIAL Page 5ofu 8i8.456.3.600 • www.higherground.com • 2220i Victory Blvd, Ste 305, Canoga Park CA 9i303 HigherGround and the HigherGround logo are registered marks of HigherGround, Inc. P39 n oil . an HIGHERGRO1111D 1fC .m100i-S W110YS taken. HigherGround will open automated service tickets when the recording system delivers critical alarms to our Center. HigherGround Response Times for 24 Hour Support Severity Response Time Resolution Time Local Business Day Off Hours Local Business Day Off Hours Severity 1 i Hour 4 Hours 8 Hours 1 Business Day Critical Failure Severity i i Hours 4 Hours 16 Hours i Business Days Major Failure Severity 3 1 Business Day i Business 4 Business Days 4 Business Days Minor Failure Day Severity 4 1 Business Day 1 Business As Agreed As Agreed Request for Day Assistance When HigherGround responds to an alarm, we will attempt to notify Customer by phoning and/or emailing the primary contact before connecting to the system. If the alarm is for a Critical or Major Failure, the technician will still connect to the system and attempt to rectify the problem, even if the primary contact does not respond. If the technician is unable to connect to the recording system using the standard high-speed connection provided by Customer, response and resolution may be delayed. Exclusions from 24 Hour Support The following services are not covered under this maintenance agreement: • System administration, including additions, moves and changes of phones or users. • Support or maintenance of cabling, hardware or software not provided by HigherGround such as routers, switches, phones, SPAN ports, PBXs or ACIDS. • Maintenance of the data network including ensuring Customer workstations can access the recording system, ensuring HigherGround can access the system remotely, and ensuring the system can deliver alarms to HigherGround via e-mail. • Maintenance of all user workstations and domain user accounts, including ensuring that workstations and users have appropriate permissions to access all features of the recording system. • Non-critical support or maintenance outside of Business Hours. • On-site support or maintenance. Hardware Support If Hardware Support is included in this Maintenance Agreement, HigherGround will troubleshoot hardware problems within the recording system including problems with hard drives, power supplies, recording cards, NICs, etc. Our response times for hardware support will be the same as our response times for software support. HigherGround will provide advanced replacement of defective hardware as detailed in our RMA policy. HigherGround will be responsible for 3 -day shipment of replacement V:2oi7o816 Standard Maintenance Agreement CONFIDENTIAL Page 6ofli 83.8.456.i600 • www.higherground.com • 21201 Victory Blvd, Ste io5, Canoga Park CA 91303 HigherGround and the HigherGround logo are registered marks of HigherGround, Inc. P40 %0% rrri HIGHERGROUND� IFL>•NOtOGY SOW1�ax5 hardware to Customer. Customer will be responsible for the additional cost of expedited shipment. Customer will be responsible for the cost of shipping the defective hardware to HigherGround. Customer will be responsible for installing replacement parts, taking standard precautions to protect electronic parts from liquids, static discharge and physical damage. Hardware Refresh Program HigherGround offers a hardware refresh program to customers on current Maintenance Agreements. Under this program, HigherGround will provide discounted professional services to migrate HigherGround applications to new hardware, whetherthe hardware is provided by HigherGround or by the Customer. Customer Responsibilities Customer is obligated to share the responsibility of keeping the recording system in good physical condition, recognizing that electronic equipment is, by its nature, subject to misuse and neglect. The customer agrees to maintain an environment conducive to computer equipment operation. Customer agrees to ensure the provision of uninterrupted power to and a dedicated UPS for the recording system. Customer agrees to protect the recording system's operating system and associated software from infiltration of malicious software programs known as "viruses" or "worms". Customer agrees to bear sole responsibility for ensuring the recording system is protected against such infiltration, eradication of same, and any cost associated with recovering lost or damaged data. Customer will be prepared to assist the HigherGround certified technician by providing a complete and accurate description of the trouble symptoms over the phone, performing anyroutine front panel functions including removing and reapplying main power to the unit as instructed. Customer is responsible for making the recording system accessible to the HigherGround technician via high-speed remote access for scheduled updates and maintenance at times acceptable to both parties. Limitations on Contract Service The Maintenance Agreement covers repairs and service required as a result of normal use and DOES NOT COVER service necessitated by damage incurred in accident, abuse, lightning, earthquake, water damage, flood or other similar causes. Third party software, including viruses and worms, third party equipment, telephone company line(s) problems, or any damage to or failure of the system caused by same WILL NOT be covered under this Maintenance Agreement. NO COVERAGE is extended under this Agreement to archive media of any type including but not limited to magnetic tape, magneto - optical disk, external hard drive, or other removable media, whether provided as part of the original recording system or subsequently purchased from HigherGround, beyond replacement cost of the media. HigherGround IS NOT responsible for, and Customer agrees not to hold HigherGround liable for lost data. Any cost involved in attempting to recover lost or damaged data will be the sole responsibility of Customer. HigherGround's obligations under this paragraph do not extend to claims arising from any modification to the HigherGround system not made by HigherGround or from the use or combination of the software provided by HigherGround with products provided by the Customer or others. Limitation of Liability HigherGround shall not be liable for any loss or damage suffered by the Customer caused by "Acts of God" or from any other cause beyond the control of HigherGround, and Customer, by signing this Agreement, acknowledges and agrees to this provision. EXCEPT AS PROVIDED HEREIN, HIGHERGROUND'S MAXIMUM LIABILITY WILL BE LIMITED IN ANY EVENT TO ACTUAL DIRECT DAMAGES TO THE EXTENT CAUSED SOLEY BY THE ACTS OR OMISSIONS OF HIGHERGROUND, V:2oi7o8i6 Standard Maintenance Agreement CONFIDENTIAL Page70f11 818.4S6.i600 • www.higherground.com • zizoi Victory Blvd, Ste io5, Canoga Park CA 9i303 HigherGround and the HigherGround logo are registered marks of HigherGround, Inc. P41 oil; LEE HicweRGreouNc 74CHWMOGY 50LutION SUBJECT TO A MAXIMUM LIABILITY OF THE ANNUAL AMOUNT PAID FOR SERVICE, WHICH DIRECTLY CAUSED SUCH DAMAGE. IN NO EVENT WILL HIGHERGROUND BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, SPECIAL OR INDIRECT DAMAGES, LOST BUSINESS PROFITS, OR LOSS, DAMAGE OR DESTRUCTION OF COMPUTER NETWORKS, SYSTEMS OR DATA, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTY OR OTHERWISE, EVEN IF HIGHERGROUND HAS BEEN ADVISED AS TO THE POSSIBLITY OF SAME. NO LIMITATION AS TO DAMAGES FOR PERSONAL INJURY IS HEREBY INTENDED. SOME STATES DO NOTALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES AND THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY. Entire Agreement HigherGround has not made nor is Customer relying upon any representations other that those specifically set forth herein. Both parties concur that the entire Agreement between the parties is set forth herein. Additions, deletions or changes to this Agreement must be in writing and signed by HigherGround and Customer to become effective. This Agreement, additions, deletions or changes to this Agreement shall be null and void unless signed by an Officer of HigherGround. Survivability If any one or more of the provisions of this Agreement, or the application of such provisions to the Customer, HigherGround or any circumstances shall be held invalid, the remainder of this Agreement shall remain in full force and effect. If for any reason this Agreement between Customer and HigherGround is terminated, abridged, canceled, breached or nullified, both parties agree that any license agreement, confidentiality or non -disclosure agreements executed between both parties shall remain in effect in perpetuity. Term and Termination The term of this Agreement shall commence on the Effective Date set forth on Exhibit A. The term shall continue for a period of one (i) year and upon receipt of payment will be renewed automatically for successive one (1) year terms on the anniversary of the effective date (renewal date). This Agreement shall cover the product specified in Exhibit A. If there are any changes to the covered product, a new Agreement will be executed by the parties. Either party may notify the other of its intent not to renew the Agreement at any time up to thirty (30) days prior to the renewal date. In the event either party gives such notice, the Agreement will remain in effect through the renewal date. HigherGround will continue providing service under the terms of the Agreement and will not be obligated to refund any portion of the monies paid by the Customer for the Agreement. If Customer has not been paying for maintenance, they may reestablish a new Maintenance Agreement under the following conditions: a) If Customer has been off maintenance for less than 9 months, they will pay a fee equal to the support fee for all of the months they have been off and will pay for three months support in advance. b) If Customer has been off maintenance for more than 9 months, they will pay a fee equal to the support fee for 9 months and will pay for three months of support in advance. c) HigherGround will, at its discretion and at the Customer's cost, inspect the system for damage and require that Customer pay HigherGround to repair any defects prior to the commencement of a new maintenance period. Anti -Virus Software Notice V:2m.7o8i6 Standard Maintenance Agreement CONFIDENTIAL Page 8ofii 818.4S6.i600 • www.higherground.com 0 21201 Victory Blvd, Ste ioS, Canoga Park CA 91303 HigherGround and the HigherGround logo are registered marks of HigherGround; Inc. P42 ■ EE EE• � ■ n HIGHERGROUND To prevent potential conflicts with other existing anti-virus programs that may be operating on the Customer's network, anti-virus software is not included with the recording system. Because of the potential damage computer viruses can do, HigherGround strongly recommends the purchase of anti- virus protection to be installed and kept current on all recording system servers. There are several anti- virus programs commercially available and HigherGround makes no specific recommendation other than the program should include current updates. This should be discussed with your Information Technology (IT) Administrator. Should your recording system become infected with a computer virus, it will be the Customers' responsibility to eradicate the virus before HigherGround performs any maintenance. If, requested, HigherGround will assist in the removal of a virus infection during normal business hours at the standard time -and -materials rate. System Monitoring (Telemetry In an effort to improve the products and services we provide our customers, HigherGround gathers information about how our software is used. None of the information we collect contains sensitive data. We are not capturing personal user details or metadata (e.g. phone numbers, attachments, ANI/ALI information, workstation names, etc.). The only information we collect is how the HigherGround software is being used. The types of data collected from customers' systems on a monthly basis are: Feature Statistics (module being run, feature being used, number of times the feature is used, the number of workstations running each version of Windows, the version of HigherGround software running on the system, alarms that occurred and how many times, errors that occurred and how many times); Data Table Size (data table name, number of records in the table, table size, size of index, total size, record size); Data Table Purge Statistics (data table name, number of records in the table, total time spent purging old records); Reports Run (report name, number of times run, total number of records reported on, average number of records reported on, total time to generate reports, average time to generate reports); Free Space Statistics (server name, drive letter, free space); Help File Statistics (help file/topic accessed, number of times accessed). If you have any questions about the HigherGround system monitoring policy, or if you would like to opt out of monitoring, please contact HigherGround Client Support: Local 1-818-251-5277; Toll Free 1-877-998- 7999; Email support higherground.com. Agreement Signatures IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed, each party warrants and represents that its respective signatories whose signatures appear below have been and are on the date of signature duly authorized to execute this Agreement. Company Name: HigherGround, Inc. Authorized Signature Authorized Signature Ric Cahak Name Name Vice President, Client Support Title Title Date Dat4 V:2o17o816 Standard Maintenance Agreement CONFIDENTIAL Page 9 of 11 8a8.456.i600 r www.higherground.com • 22201 Victory Blvd, Ste io5, Canoga Park CA 92303 HigherGround and the HigherGround logo are registered marks of HigherGround, Inc. P43 HI6HERGR0UHD iteeNoiocrsowve:a EXHIBIT A Equipment List and Maintenance Fee Company: Indian River County Equipment Location: Indian River County (EOC, Sebastian PD, Sheriff Office, Vero PD) HigherGround, Inc. agrees to maintain the HigherGround recording system during the term of this Maintenance Agreement by furnishing service accepted by Customer as indicated below: Software — Instant Retrieval, Real -Time Monitor, Control Tower and Report Commander Hardware — NG Capture gis Voice Recorder Server V:2oi7o8i6 Standard Maintenance Agreement CONFIDENTIAL Page loofa 818.456.3.600 • www.higherground.com • 21203. Victory Blvd, Ste 3.o5, Canoga Park CA 91303 HigherGround and the HigherGround logo are registered marks of HigherGround, Inc. P44 HigherGround' SUPPORT AND MAINTENANCE HigherGround offers different maintenance plans to fit the needs of our clients. Our standard maintenance plan states that our contractual obligation is. a one hour remote response time during normal.business hours (8am - 6pm) and a 4 hour remote response time after normal business hours which includes weekends and holidays for software issues. However, we can usually respond remotely within minutes of the proper notification and approximately 95% of the issues can be handled remotely. �i Alarm monitoring. Your system automatically identifies hard -to -detect, suspicious activity or system outages that threaten uptime and sends alerts to you or HigherGround. It's your choice. Over 300 software and hardware alarm items are monitored to detect problems with outages, phone networks, hardware and/or software. I'm Alive notification service. This unique feature calls HigherGround nightly to say "I'm Alive." If your system doesn't call, we call into your system, contact the designated onsite manager, or send out a technician, and in most cases, we fix the problem before you know there is one. 4 Voice support with access to our certified technicians for troubleshooting and consultation on. telephone systems, software systems, and integration issues. HigherGround is committed to helping you achieve the highest efficiencies from your telecommunications investment. And, if necessary, HigherGround will make our own program engineers available to answer any questions you have. Our mission is to keep you up, running and efficient. 4 Software Remote Access: During the contracted hours (Business Day or 24 Hour), HigherGround will respond to alarms, missed "I'm Alive" notifications and trouble reports.opened via phone or e-mail. We will respond by either connecting to your system remotely or speaking with you as appropriate. We will perform routine software maintenance and scheduled software updates during the Business Day, We will perform emergency software maintenance or repair during the contracted hours. We require that you provide remote access to your system using "a modem or the internet and that you enable the delivery of alarms to HigherGround via modem or e-mail in order to facilitate software support. Hardware Advanced Replacement HigherGround will provide advanced RMA replacement of defective or failed hardware from your original recording system or subsequent upgrade to your system. We will ship replacement hardware within 1 business day of .determining the original hardware is defective. We will work with you remotely during the contracted hours to install and configure the replacement hardware. You will be responsible for returning defective hardware within 10 days to avoid being billed for the replacement. r Reporting Trouble The customer shall contact HigherGround by calling (818) 456-1600 or emailing support(Whighe[ground inc com to open a service ticket. SM2017 Page 2 of 2 21201 victoryBoulevard, Suite 105 Canoga Park, CA 91303 P: 818.456.1600 F. 818.456.1515 www.highergroundinc.com 6CopyagM 2008 KV�erGround, Inc. All rights reserved. HigherGfound and the KQherGround boo are registered marks of HWwGmund, Inc. Fusion Series 7, Praetorian Woe Recorder, Mentor OASuite. Tele=n BI Susie, Fusion Care, ReportCortunander pro and I'm Alive and respective logos are badamarks of HigherGround, Inc AN other nanres or maMsere pmpertyof their respephe owners. P47 - 'e. e - HigherGround` SUPPORT AND MAINTENANCE HigherGround offers different maintenance plans to fit the needs of our clients. Our standard maintenance plan states that our contractual obligation is a one hour remote response time during normal business hours (8am - 6pm) and a 4 hour remote response time after normal business hours which includes weekends and holidays for software issues. However, we can usually respond remotely within minutes of the proper notification and approximately 95% of the issues can be handled remotely. 4 Alarm monitoring. Your system automatically identifies hard -to -detect, suspicious activity or system outages that threaten uptime and sends alerts to you or HigherGround. It's your choice. Over 300 software and hardware alarm items are monitored to detect problems with outages, phone networks, hardware and/or software. 4 I'm Alive notification service. This unique feature calls HigherGround nightly to say "I'm Alive." If your system doesn't call, we call into your system, contact the designated onsite manager; or send out a technician, and in most cases, we fix the problem before you know there is one. Voice support with access to our certified technicians for troubleshooting and consultation on telephone systems, software systems, and integration issues. HigherGround is committed to helping you achieve the highest efficiencies from your telecommunications investment. And, if necessary, HigherGround will make our own program engineers available to answer any questions you have. Our mission is to keep you up, running and efficient. Software Remote Access: During the contracted hours (Business Day or 24 Hour), HigherGround will respond to alarms, missed "I'm Alive" notifications and trouble reports opened via phone or e-mail. We will respond by either connecting to .your system remotely or speaking with you as appropriate. We will perform routine software maintenance and scheduled software updates during the Business Day. We will perform emergency software maintenance or repair during the contracted hours. We require that you provide remote access to your system using a modem or the internet and that you enable the delivery of alarms to HigherGround via modem or e-mail in order to facilitate software support. Y Hardware Advanced Replacement HigherGround will provide advanced RMA replacement of defective or failed hardware from your original recording system or subsequent upgrade to your system. We will ship replacement hardware within 1 business day of determining the original hardware is defective. We will work with you remotely during the contracted hours to install and configure the replacement hardware. You will be responsible for returning defective hardware within 10 days to avoid being billed for the replacement. Reporting Trouble The customer shall contact HigherGround by calling (818) 456-1600 or emailing supportAhigherground inc. com to open a service ticket. sr MM17 Page 2 of 2 21201 Victory Bouievard, Suite 105 Canoga Park, CA 91303 P: 818:456.1600 F: 818.456.1515 www.highergroundinc.com CCopydght 200 KgherC, urid, Inc. All rights reserved. Kgher(3 ou l and the NiherGrowid logoere registered marks QHlgtwGrokmd, MG. Fusion Series 7. Praeto ian Vdoe Recorder, Mentor QA Suite, Teleoom 81 Suite, Fusion Core, Report CommanderPro and I'm Alive acid mspedive logos are trademarks of KoherCvormd, Inc All other names or marks are property of their respecb� ovapas. P49 i. v. . O HigherGround° SUPPORT AND MAINTENANCE HigherGround offers different maintenance plans .to .fit the needs of our clients. Our standard maintenance plan states that our contractual obligation is a one hour remote response time during normal business hours (8am - 6pm) and a 4 hour remote response time after normal business hours which includes weekends and holidays for software issues. However, we can usually respond remotely within minutes of the proper notification and approximately 95% of the issues can be handled remotely. 4 Alarm monitoring. Your system automatically identifies hard -to -detect, suspicious activity or system outages that threaten uptime and sends alerts to you or HigherGround. It's your choice. Over 300 software and hardware alarm items are monitored to detect problems with outages, phone networks, hardware and/or software. I'm Alive notification service. This unique feature calls HigherGround nightly to say "I'm Alive." If your system doesn't call, we call into .your system, contact the designated onsite manager, or send out a technician, and in most cases; We fix the problem before you know there is one. Voice support with access to our certified technicians for troubleshooting and consultation on telephone systems, software systems, and integration issues. HigherGround is committed to helping you achieve the highest efficiencies from. your telecommunications investment. And, if necessary, HigherGround will make our own program engineers available to answer any questions you have. Our mission is to keep you up, running and efficient. 4 Software Remote Access: During the .contracted hours (Business. Day or 24 Hour), HigherGround will respond to alarms, missed "I'm Alive" notifications and trouble reports opened via phone or e-mail. We will respond by either connecting to your system remotely or speaking with you as appropriate. We will perform routine software maintenance and scheduled software updates during the Business Day. We will perform emergency software maintenance or repair during the contracted hours. We require that you provide remote access to your system using a modem or the internet and that you enable the delivery of alarms to HigherGround via modem or e-mail in order to facilitate software support. Y Hardware Advanced Replacement HigherGround will provide advanced RMA replacement of defective or failed hardware from your original recording system or subsequent upgrade to, your system. We will ship replacement hardware within 1 business day of determining the original hardware is defective. We will work with you remotely during the contracted hours to install and configure the replacement hardware. You will be responsible for returning defective hardware within 10 days to avoid being billed for the replacement. ➢ Reporting Trouble The customer shall contact HigherGround by calling (818) 456-1600 or emailing su000rt0hiaheroroundinc com to open a service ticket. 9129!2017 Paw 2 of 2 21201 Victory Boulevard, Suite 105 Canoga Park, CA 91303 P:818.456.1600 F:818.456.1515 www.highergroundinc.com 0C0PYn9h12008 HaherGmund. Ire All n9Ms reserved. Hjyfw and and the Hipherc*wnd b90arotradrepis*red marks of HlgherGround, Inc. Fuson Sena 7. Praetorlan Voice Recorder, MeroorQASuile, Telecom BI Sufle, Fuson Care, Report Commander pro and I'm A$ve and respective logos are emarks of HghmQrolmd Inc. All other names ormarks are PmpeAYoftheir respectiye owr>eis. P51 -e. o� -o HigherGround SUPPORT AND MAINTENANCE HigherGround offers different maintenance plans to fit the needs of our clients. Our standard maintenance plan states that our contractual obligation is a one hour remote response time during normal business hours (8am - 6pm) and a 4 hour remote response time after normal business hours which includes weekends and holidays for software issues. However, we can usually respond remotely within minutes of the proper notification and approximately 95% of the issues can be handled remotely. 4 Alarm monitoring. Your system automatically identifies hard -to -detect, suspicious activity or system outages that threaten uptime and sends alerts to you or HigherGround. It's your choice. Over 300 software and hardware alarm items are monitored :to detect problems with outages, phone networks, hardware and/or software. 4 I'm Alive notification service. This unique feature calls HigherGround nightly to say "I'm Alive." If your system doesn't call, we call into your system, contact the designated onsite manager, or send out a technician, and in most cases, we fix the problem before you know there is one. 4 Voice support with access to our certified technicians for troubleshooting and consultation on telephone systems, software systems, and integration issues. HigherGround is committed to helping you achieve the highest efficiencies from your telecommunications investment. And, if necessary, HigherGround will make our own program engineers available to answer any questions you have. Our mission is to keep you up, running and efficient. 4 Software Remote Access: During the contracted hours (Business Day or 24 Hour), HigherGround will respond to alarms, missed "I'm Alive" notifications and trouble reports opened via phone or e-mail. We will respond by either connecting to your system remotely or speaking with you as appropriate. We will perform routine software maintenance and scheduled software updates during the Business Day. We will perform emergency software maintenance or repair during the contracted hours. We require that you provide remote access to your system using a, modem or the internet and that you enable the delivery of alarms to HigherGround via modem or e-mail in order to facilitate software support. Hardware Advanced Replacement HigherGround will provide advanced RMA replacement of defective or failed hardware from your original recording system or subsequent upgrade to your system. We will ship replacement hardware within 1 business day of determining the original hardware is defective_ We will work with you remotely during the contracted hours to install and configure the replacement hardware. You will be responsible for returning defective hardware within 10 days to avoid being billed for the replacement. Reporting Trouble The customer shall contact HigherGround by calling (818) 456-1600 or emailing support(&highergroundinc corn to open a service ticket. 8/23=7 Page 2of2 21201 Victory Boulevard, Suite 105 Canoga Park, CA 91303 P:818.456.1600 F:818.456.1515 www.highergroundinc.com ®CdPygt 2008 frVmGmu W, M All ri" resented. High C4ourW and me KgherCwr topo are registered minks of K0erG urW, kX Fuson Series 7, Praetman Vdoe Recorder, lYlentorOA Sudo, telecom el Suite. Fuson Care. Repoh Canmantler pro and rm Pli+,e and resPedNe logos are trademarks of HigherGround, Ina M other names or marks are pmperty of meirrey�ec6ee w Yom P53 r ■■ r■ i •/ ■ t ■ ■i H10HERGROUND • TECHNOLOGY SOLUTIONS Indian River County PSAP's 4225 431 Avenue Vero Beach, FL 32967 September 19, 2017 To Paula Carlton, The HigherGround recording system in service at the Indian River County PSAP's is built using proprietary HigherGround software, HigherGround is the sole source of this product and the associated maintenance. It is critical that this system be maintained by fully trained and certified technicians, Failure to properly maintain the system would. result in impaired performance and possible system failure. At this time, there are no other service agencies in Florida authorized or certified by HigherGround Incorporated to perform such maintenance or installation of additional parts on any HigherGround Recording Systems. Sincerely, Gretchen K. Ryan Vice President Core Services 818.456.1600 r www.higlierground.com • 21201 Victory Blvd, Ste 105, Canoga Park CA 91303 P54 B.D, CONSENT AGENDA INDIAN RIVER COUNTY, FLORIDA MEMORANDUM Assistant County Administrator / Department of General Services To: The Honorable Board of County Commissioners Thru: Jason E. Brown, County Administrator From: Michael C. Zito, Assistant County Administrator Date: September 21, 2017 Subject: Final Payment and Release of Retainage to Duininck Inc. for IRC Bid. #2017016, Sandridge Golf Club's Lakes Course BACKGROUND: On February 7, 2017, the Board awarded contract to Duininck Inc. for the Irrigation Project on the Lakes Course at Sandridge Golf Club. The purpose of the work was to replace the original irrigation system on the Lakes Course that has been in existence since the course was originally built and opened for play in 1992.. The contractor, Duininck, Inc. has satisfactorily completed the work and submitted their Pay Application #4 for the balance of the work and the Release of Retainage in the amount of $67,050.00 to the Clerk's Finance office who in turn have verified that the final payment and retainage are properly due to Duininck, Inc. FUNDING: Funding is budgeted in the following accounts DESCRIPTION ACCOUNT NUMBER AMOUNT Lakes Course Irrigation Upgrade 418-169000-17006 $5,000 Retainage — Duininck, Inc. 418-206000-17006 $62,050 RECOMMENDATION: Staff recommends that the Board approve the final payment request and release of retainage by authorizing the release of the $67,050.00 to Duininck, Inc. ATTACHMENTS: Duininck, Inc.'s Application and Certificate for Payment No. 4, Invoice #109859, dated 09/01/2017 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@800EEF9A\@BCL@800EEF9A.doc P55 m O i `o � n m n I - < o v m N a a S a U. 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Honorable Board of County Commissioners THROUGH: Jason E. Brown, County Administrator THROUGH: John King, Director Department of Emergency Services THROUGH: Etta LoPresti, Emergency Management Coordinator FROM: Rachel Ivey, Emergency Management Planner DATE: October 19, 2017 SUBJECT: Acceptance and Approval of Expenditures of the 2017/2018 Federally -Funded Community Emergency Response Team (CERT) Sub -Grant 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: A Community Emergency Response Team (CERT) enhances community resilience. The Indian River County CERT program delivers basic disaster training and safety equipment to county residents. A significant disaster may overwhelm public safety creating a delayed response. CERT teams then check on and assist their neighbors. CERT is open to all adult residents regardless of age or ability (including the elderly or disabled.) CERT falls under the direction of public safety officials once they arrive. The creation of a CERT is driven by a request from neighborhoods, .HOAs, faith based groups and communities. Annually, Volunteer Florida, through the executive office of the Governor, administers the CERT sub -grant following authorization in Chapter 252, Florida Statutes and State Rule Chapter 9G-6, Florida Administrative Code. Funding for the CERT sub -grant is used to establish and sustain the Indian River County CERT program through Indian River County Emergency Management. FUNDING: This is a 100% federally funded sub -grant expenditure request consistent with the Florida Division of Emergency Management directives. An in-kind match is required from Indian River County which is fulfilled with items such as donated equipment and volunteer hours. No additional funding is required. The term of the agreement is from July 1, 2017 through June 30, 2018. Item Amount Account Number: Safety Equipment for CERT members and supplies for trainings & exercises $3,070.00 00120825-035290-17814 Public Outreach and training materials $3,930.00 00120825-034720-17814 Total $7,000.00 P58 GRANT NAME: Community Emergency Response Team (CERT) Grant GRANT # not assigned AMOUNT OF GRANT: $ 7.000.00 DEPARTMENT RECEIVING GRANT: Emergencv Services CONTACT PERSON: John King PHONE NUMBER: 226-3859 1. How long is the grant for? 12 months Starting Date: July 01. 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? X Yes No If yes, does the grant allow the match to be In Kind Services? X Yes No 4. Percentage of match 100 N/A 5. Grant match amount required $ N/A $ 6. Where are the matching funds coming from (i.e. In Kind Services; Reserve for Contingency)? In Kind Services 7. Does the grant cover capital costs or start-up costs? Yes No If no, how much do you think will be needed in capital costs or start up costs $ (Attach a detail listing of costs) $ Retirement -Contributions 8. Are you adding any additionalpositions utilizing the grant funds? Yes If yes, please list. (if additional space is needed please attach a schedule.) X No Acct. Description Position Position Position Position Position 011.12 Regular Salaries N/A N/A $ N/A 011.13 Other Salaries & Wages (PT) N/A $ $ 012.11 Social Security N/A $ $ 012.12 Retirement -Contributions N/A $ $ 0.12.13 Insurance -Life & Health i\'/A $ $ 012.14 Worker=s Compensation N/A 012.17 S/Sec. Medicare Matching N/A TOTAL 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 $ 3,392.00 Second Year $ N/A $ $ $ N/A Third Year $ $ $ $ Fourth Year $ $ $ 10. What is the estimated cost of the grant to the county over five years? Signature of Preparer: (- Date: October 20. 2017 P60 Grant Amount Other Match Costs ---Not Covered Match Total First Year $ 3;392.00 $ N/A $ N/A $ 3,392.00 Second Year $ N/A $ $ $ N/A Third Year $ $ $ $ Fourth Year $ $ $ $ Fifth Year $IF $ $ $ Signature of Preparer: (- Date: October 20. 2017 P60 volunteerflorida Volunteer Florida CERT Contract Agreement 2017-2018 Sub -Recipient: Indian River County Department of Emergency Services. Sub -Recipient DUNS: 07-920-8989 Project Title: CERT FY 2018 Grant Period: July 1, 2017 — June 30, 2018 Contract Total: $7000 POC: John King Address: 4225 43rd Ave City, State, ZIP: Vero Beach, FL 32967 Work Phone: 772-226-3859 E -Mail: jking@ircgov.com This contract agreement is hereby made and entered into as of this August 1, 2017 (the "Effective Date"), by and between the Florida Commission on Community Service, doing business as Volunteer Florida (the "Commission"), having its principle place of business at 3800 Esplanade Way, Suite 180, Tallahassee, FL 32311, and Indian River County Department of Emergency Services, an entity organized under the laws of the State of Florida with its principal place of business located at 4225 43rd Ave Vero Beach, FL 32967 (the "Provider") (collectively, the "Parties") and referred to herein as the "Contract Agreement." In accordance Wth the provisions of Federal Emergency Management Performance Grant Program (EMPG) funding, Volunteer Florida, serving as the Administrative Agency, hereby awards to the Sub - Recipient a contract in the amount shown above. In consideration of the contracted services by the Commission and of the advantages and benefits received by the Provider by virtue of such relationship, the receipt and adequacy of all of which considerations are hereby acknowledged; NOW THEREFORE, in consideration of the mutual covenants hereinafter set forth herein, the Parties agree as follows: TYPE OF CONTRACT. This will be a cost reimbursement contract. Reimbursement for the contracted services will be contingent upon the documented allowable expenditures for the specified contract period. The Volunteer Florida performance and obligation to pay for services rendered under this contract is contingent upon available funding from FEMA and the State of Florida. P61 II. PAYMENT OF FUNDS. The Award Letter must be signed by the Official Authorized to Sign in the space below and the original returned to Volunteer Florida before execution of your contract. The sub -recipient should not expend any funds until a fully executed contract has been received from Volunteer Florida. Contract funds will be disbursed to sub -recipients (according to approved project budget) upon receipt of evidence of expenditures and receipts of deliverables delivered according to the terms and conditions of the contract. III. CONTRACT AMENDMENTS. All amendments to the contract must be in writing and utilize the format provided herein and incorporated by reference. Further, any such amendments must be executed by authorized representatives of Volunteer Florida and the Sub -recipient. IV. DEPLOYABLE CAPABILITIES. All assets and capabilities achieved or sustained with EMPG contract funds are deployable and shareable at the direction of Volunteer Florida, with cost potentially reimbursable in conformance with Emergency Management Assistance Compact (EMAC) or other Statewide Mutual Aid/Assistance (SMAA) agreements. Assets should be available to utilize in multiple jurisdictions, regions, and the Nation; any asset that is physically mobile can be used anywhere in the United States and territories via EMAC or other mutual aid/assistance agreements. V. ATTACHMENTS. A. All Attachments to this Contract are incorporated as if set out fully B. In the event of any inconsistencies or conflict between the language of this Contract and the attachments, the language of the attachments shall control, but only to the extent of the conflict or inconsistency. C. This Contract has the following attachments: i. Attachment A — Program Budget ii. Attachment B — Scope of Work / Deliverables iii. Attachment C — Allowable Cost and Eligible Activates iv. Attachment D -- Reports v. Attachment E — Reporting Forms vi. Attachment F — Program Statutes and Regulations vii. Attachment G — Certification Regarding Debarment viii. Attachment H — Criminal History Check Status Form VI. PAYMENTS. A. Invoices shall be submitted quarterly and shall include the supporting documentation for all costs of the project or services as well as compliance with the deliverables. The final Invoice shall be submitted no later than thirty (30) days after the expiration date of the contract. B. If the necessary funds are not available to fund this contract as a result of action by the United States Congress, the federal Office of Management and Budgeting, or the State Chief Financial Officer, all obligations on the part of Volunteer Florida to make any further payment of funds shall terminate, and the Sub -Recipient shall submit its closeout report no later than thirty days of receiving notice from Volunteer Florida. VII, MANDATED CONDITIONS. A. The validity of this Contract is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Sub -Recipient in this Contract; in any later submission or response to a Volunteer Florida request, or in any submission or response to fulfill the requirements of this Contract. 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 Volunteer Florida and no later than thirty days written notice to the Sub -Recipient, cause the termination of this Contract and the release of Volunteer Florida from all its obligations to the Sub -Recipient. B. This Contract shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Contract shall be in the Circuit Court of Leon County. If any P62 provision of this Contract 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 Contract. C. Any power of approval or disapproval granted to Volunteer Florida under the terms of this Contract shall survive the term of this Contract. D. Any Sub -Recipient which is not a local government or state agency, and which receives funds under this Contract from the federal government, certifies, to the best of its knowledge and belief, that it and its principals: i. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by 'a federal department or agency; ii. 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; iii. 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 19(g)2. of this certification; and, iv. Have not within a five-year period preceding this Contract had one or more ,public transactions (federal, state or local) terminated for cause or default. E. 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 Contract F. In addition, the Sub -Recipient shall send to Volunteer Florida (by email or by facsimile transmission) the completed attachment titled: "Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion" for each intended subcontractor which Sub -Recipient plans to fund under this Contract. G. Volunteer Florida reserves the right to unilaterally cancel this Contract 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 Contract. Volunteer Florida 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. H. Volunteer 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")]. Volunteer Florida 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 Contract by Volunteer Florida. I. All unmanufactured and manufactured articles, materials and supplies which are acquired for public use under this Contract 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. VIII. LEGAL AUTHORIZATION. A. The Sub -Recipient certifies that it has the legal authority to receive the funds under this Contract and that its governing body has authorized the execution and acceptance of this Contract. The Sub -Recipient also certifies that the undersigned person has the authority to legally execute and bind Sub -Recipient to the terms of this Contract. 3 P63 I certify that I understand and agree that funds will only be expended for those projects outlined in the funding amounts as listed above. I also certify that I understand and agree to comply with the general and fiscal terms and conditions of the contract; that there has been appropriate coordination with affected agencies; that I am duly authorized to commit to these requirements; and that all agencies involved with this project understand that all federal funds are limited to the period of performance and date stipulated in the funding contract. I certify that I understand and agree that once the contract has been sent to sub -recipient, the contract will be executed by December 31, 2017. 1 understand if the contract is not executed in that time frame, the awarded amount is considered declined and funds returned to Volunteer Florida. IN WITNESS WHEREOF, the parties hereto have executed this Contract. SUB -RECIPIENT: By: Name and title: Joseph E. Flescher, Chairman Date: November 07, 2017 FID# 59-6000674 Attest: Jeffrey R. Smith, Clerk of Court and Comptroller VOLUNTEER FLORIDA By: Name and Title: Chester W. Spellman, Chief Executive Officer Date: 4 By: Deputy Clerk' APPROVED County Administrator P64 IX. POINT OF CONTACT INFORMATION. A. The name; address, and telephone number of the Volunteer Florida CERT Program Manager: Christy Rojas -Kasten, CERT Program Manager 3800 Esplanade Way Suite 180 Tallahassee, FL 32311 (850) 414-7400 ChristyO)VolunteerFlorida.org Or Ken Skalitzky, Emergency Management Director 3800 Esplanade Way Suite 180 Tallahassee, FL 32311 (850),414-7400 Ken aWolunteerFlorida.ong B. The name, address, and telephone number of the Sub -Recipient's Program Contact is: Name: John King Address: 4225 43rd Avenue City, State ZIP: Vero Beach, FL 32967 POC Work Phone ##: 772-226-3859 Email Address:. jking@ircgov.com C. The name, address, and telephone number of the Fiscal Contact is: Name: Michael Smykowski Address: 1801 27th Street City, State ZIP: Vero Beach, FL 32960 POC Work Phone #: 772-226-121.4 Email Address: msmykowski@ircgov.com CONTRACT AWARD NOTICE: THIS AWARD 1S SUBJECT TO THE FINAL APPROVAL OF SUB - RECIPIENT'S PROPOSED BUDGET BY VOLUNTEER FLORIDA. All Terms and Conditions Included. This Sub -recipient and its attachments as referenced below and incorporated herein contain all the terms and conditions agreed upon by the parties. 5 P65 Attachment A 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 2016 EMPG, Appendix B — FY 2016 EMPG Funding Guidelines htto://www.fema.gov%media-library-data/1464196875293- 190ed88e1b6394Oc87121a3fOb97b8a5/EMPG Multi Year Program Guidance Final.pdf 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 fixed budget which outlines eligible categories and their allocation under this award. Ill. The transfer of funds between the categories listed in the Program Budget is not permitted, unless approved by Volunteer Florida. Grant Sub -Recipient ry Categ o Amount Agency Allocated Planning $650.00 Training $4,050.00 Exercise $500.00 FY 2018 — Emergency Indian River Management 'County Department Performance of'Emergency Grants - Services, CERT Equipment $1,800.00 CERT Management & Administration (M&A), the dollar amount cannot exceed 5% of $0.00 the total award amount. ' f{atalI4ward A i00" P66 Attachment B SCOPE OF WORK / DELIVERABLES Quarterly Project Timeline or Deliverable Period Description Start Date End Date Estimated Milestones (mm/dd/yy) (mm/dd/yy) Cost 1st Quarter 1 Execute.CE<RT sub -grant agreement. 8/1/2017 10j31J2017 0 Develop plans to create new CERT Council/Policy Board and recruit council members. Recruit CERT volunteer leaders for key organizational positions. Hold one Council meeting. 1't Quarter 2 Finalize plans for revitalizing CERT 8/1/2017 9/30/2017 $330 program & arrange for training facilities. Create and purchase marketing & recruiting materials for use in community outreach activities. 1:t Quarter 3 Hold one information update meeting g/1/2017 10/31,/2017 $1,840. with CERT alumni that can be contacted. Order CERT equipment kits for new trainees. 1't Quarter 4 Conduct one CERTTrain-the-Trainer 8/1/2017 10/31/2017 $0 course. Submit 1st Quarterly Report- (QSR) to Volunteer Florida. 2nd Quarter 5 Conduct at least three community 11/1/2017 1'/-31/2018 $1,010 outreach activities this quarter for recruiting and public awareness. Hold two update meetings with CERT alumni. Conduct one basic CERT class. 2nd Quarter 6 Conduct one CERT refresher training 1/1/2017 1/31/2018 $810 course. 2"d Quarter 7 Hold one CERT Council meeting. 11/1/2017 1/31/2018 $0 Conduct detailed planning for exercise participation. Submit 2nd QSR to Volunteer Florida. P67 31 Quarter 8 Conduct at least three community 2/1/2018 4/30/2018 $1,070 outreach activities this quarter for recruiting and public awareness. Hold three update meetings with CERT alumni. Conduct one basic CERT class. Yd Quarter,,:' 9 Conduct -one CrRT refresher training 2111108 4736%2018 course. Conduct one CERT neighborhood exercise. 31 Quarter 10 Hold one CERT Council meeting. 2/1/2018 4/30/2018 $0 Conduct detailed planning for hurricane exercise participation. Submit 3rd QSR to Volunteer Florida. �Qth 67IS1Ytar 11. rnA, ri nnc r -9:5T r'nfr&chnr trninir en e4iI/Mi I -Q 7%11'1614 _ - - kAli4% P68 PROGRAM NARRATIVE A. Implementation plan for the program. This should include the: L Strategy and methodology for recruitment; ii. Plans to utilize members in emergency situations; iii. Any additional programmatic information specific to the program. Identify the emergency management and partner organizations, or the targeted population area whose emergency "management needs will be directly benefited by this program. CERT of Indian River County — Ambassadors of Preparedness Vision — Prepared and Resilient Indian River County Neighborhoods Mission — Using Community Emergency Response Team (CERT) volunteers as "Ambassadors of Preparedness", promote and increase personal and community emergency readiness and disaster preparedness within Indian River County neighborhoods in order to improve resilience to likely hazards and speed recovery from disasters. Strategic Imperatives —These three imperatives shape and influence the approach used in building the program and achieving its goals. • Take a whole -community approach to emergency readiness and disaster preparedness • Be resident -centric in developing and delivery of the program • Foster knowledge and empowerment for all county residents Priorities —There are two priorities for this revitalized CERT of Indian River County Program that exemplify our most critical needs. Priority 1— Educate, motivate and empower neighborhood residents in preparation for disasters or emergency situations. Priority 2 — Build a capability to respond in individual neighborhoods to disasters and emergencies Overview A community's ability to respond to or recover from a disaster depends on the level of preparedness of every member of the community. However, in a complex disaster, first responders and emergency workers may not be able to reach everyone right away and utility providers may not be able to restore critical services, such as power, immediately. It is therefore in the best interest of each individual, household, and neighborhood to be as prepared as possible so as to minimize potential hardships and recover quickly when faced with emergencies, disasters or other hazards. Previous efforts and activities to improve preparedness in individual county neighborhoods using the Community Emergency Response Team (CERT) program have focused primarily on training a small team of volunteers to conduct limited, immediate emergency assessment and response operations until professional emergency responders, such as fire, police, EMT, etc., arrive on the scene. The effort was at first met with great enthusiasm, but after the loss of key volunteer leaders and a lack of a clear P69 organizational priorities, the CERT program unfortunately lost its momentum and became dormant in Indian River County. The CERT revitalization program builds on the basic CERT training foundations and then expands the focus of volunteer efforts toward motivating, empowering, and engaging all residents of their own neighborhoods with the education and training they need to better prepare themselves for disasters and emergency situations. At the same time, this revamped program plans to increase participation of Indian River County neighborhoods in the CERTvolunteer training program such that large neighborhoods, as well as, clusters of small neighborhoods, are encouraged to maintain a cadre of CERT volunteers that can offer additional and immediate assistance before, during, and after a disaster or emergency situations. In addition, with increased emphasis on communications, CERT volunteers will become the eyes and ears of Indian River County's Department of Emergency Services both prior to, and immediately after, a disaster situation so that IRCES can better prioritize its own scarce resources in support of the areas of greatest need. As a supplement to basic CERT training, neighborhood CERT members will have opportunities for more advanced training in communications, first aid, organizing community awareness and education efforts, and managing spontaneous volunteers. Guiding this effort will be a partnership of community leaders from around the county with extensive emergency preparedness and disaster readiness experience. This group may include representatives from Indian River County Department of Emergency Services (IRCES), the Support Alliance for Emergency Resilience (SAFER) of Indian River County, emergency response organizations, local law enforcement officials and first responder organizations, and training and communications experts, all with experience in program management, training development, volunteer coordination, and emergency management. In addition, the group will have access to other key officials and expertise at the local, state, regional, and federal levels with experience in the various aspects of emergency planning. All this combined will empower CERT members of Indian River County to become Ambassadors of Preparedness to the neighborhoods in which they live, and will move our community closer to the vision of having prepared and resilient Indian River County neighborhoods. Implementation As with any new program, plans for implantation are just as important as the activities they support. The mission statement, strategic imperatives and priorities stated in the overview above begin to speak to the specifics of how the CERT program in Indian River County will be reinvigorated. And the vision statement — Prepared and Resilient Indian River County Neighborhoods — lays out the outcome we are seeking from this .program. By recruiting, training and using CERT volunteer members in the role of Ambassadors of Preparedness, we will .ultimately infuse each Indian River County neighborhood with the knowledge, training and empowerment they need to be ready for all likely hazards and emergencies and to be able to recover quickly from disasters. When developing program plans, we will take a whole -community approach to implementation by working closely with county residents, community leaders, first responders and emergency personnel, as well as other local stakeholders and resources to create a preparedness P70 program that uses multiple resources from the widely varied fields of emergency management, and with differing delivery methods, so as to bring information, training, assistance to the largest number of county residents possible. We will create a CERT program that is resident -centric. This means, understanding, and making the program flexible to the needs of individual neighborhoods and communities, rather than a cookie - cutter, one -size -fits -all implementation. In Indian River County, we have neighborhoods that are HOA governed and gated, non -HOA and open, within and outside city limits, large and small, affluent and underserved, aged and younger. We have diversity in our neighborhoods, just as with our county's residents, and our program must be flexible enough to work for all of them. After level -setting each CERT member with basic skills training, the program will then allow CERT members to tailor their neighborhood teams to respond to the specific needs of their own community. Some neighborhoods may need greater first aid capabilities for example, while others may want to concentrate more on damage assessment and communications. Each neighborhood team will be unique to its own environment, with reach back to the CERT program coordinators and county emergency management programs for assistance, guidance and additional training. The revitalized CERT program will foster knowledge and empowerment of all Indian River County residents through the CERT volunteers. CERT members know their neighborhoods and their neighbors' needs better than anyone. Prior to disasters or emergencies, the tailored neighborhood programs run by neighborhood -based CERT teams can create neighbor -to -neighbor enthusiasm around activities that encourage all residents to participate in, learn about, and contribute to improving their own neighborhood',s resiliency to disasters, emergencies, and hazards, in ways best suited to the neighborhood. Neighborhood CERT volunteers can, for example, plan for and help deliver emergency readiness and . disaster preparedness education classes and training in their own neighborhoods. They might invite subject matter experts from emergency management partners in the surrounding community to give presentations or conduct the training themselves depending on their situation. Topics might include: • Creating household disaster plans and emergency kits • How to stay safe if evacuation is not an option • Understanding different hazards and disasters, and how to prepare for them • The disaster is over ... what now ... How to recover from disaster Neighborhood CERT members can encourage even greater .resident participation by first ensuring that the needs of neighborhood residents are clearly understood. Soliciting ideas and information from neighbors regarding their interests in specific topics, conducting voluntary surveys to establish a neighborhood disaster readiness database, and obtaining feedback at each event or activity to assess its effectiveness and value to the community, are all ways to gain a greater understanding and to garner support and enthusiasm from residents. CERT members and neighborhood teams will also be vital to Indian River County's ability to respond as a community to disasters and emergencies. Using CERT volunteers to help assess a neighborhood's situation and report on damage and injuries in the immediate aftermath of a disaster will allow emergency management professionals from the IRCES Department to prioritize its limited resources, and can help relief agencies, such as the United Way, the American Red Cross, and other SAFER member P71 organizations direct the flow of critical supplies, food, water, and shelter to the areas of greatest need. In addition, maintaining communications through CERT members increases the flow of critical information to neighborhood residents who may be without power and unable to otherwise get important updates and notices. In addition, as a part of the CERT program implementation, we plan to increase the number and Use of Amateur Radio operators throughout the county both before and during emergencies. By partnering with the Vero Beach Amateur Radio Club and the Amateur Radio Emergency Service (ARES), we will not only improve radio communication skills of volunteers, but will also ensure neighborhood CERTs :have solid, reliable communications back to the Emergency Operations Center during emergencies. Prior to disaster situations, having CERT volunteers participate in exercises and drills, armed with in- depth understanding of the needs of their own neighborhoods, helps with pre -disaster planning efforts by county emergency management personnel and relief organizations, and increases the chances of success during actual emergency.situations. In addition, CERT volunteers, deployed inside their own neighborhoods, and using the skills they learned in CERT training, can provide immediate assistance to their neighbors until professional help arrives, administer first aid as the situation warrants, and organize and mobilize the ad-hoc, spontaneous volunteers that will undoubtedly come out to help once the danger has passed. Neighborhood CERT teams will be able to do this while continuing to maintain communications with local authorities, keeping them updated on the.local situation. In order to pull all of this together, CERT of Indian River County will primarily use volunteers to plan, manage and implement the program with support from the IRCES staff as required. A volunteer program manager has been named who has assembled a small initial planning team to begin work on the program's organizational structure and positions descriptions, and to begin recruiting volunteers to fill key leadership roles. In addition, planning is underway for CERT training and exercises, community outreach and internal messaging, both pre- and post -disaster operations, and the various administrative functions of the program. This year's training offerings will include a Train -the -Trainer class, refresher training classes for previously trained volunteers, two Basic CERT training sessions for new volunteers, and a variety of advanced skills training CERT members. For all activities, training and exercises, safety considerations are being built in to the plan. Recruiting and Retention Three major challenges are inherent in all volunteer programs; community outreach and recruiting, meaningful engagement of volunteers, and robust communications. CERT of Indian River County addresses each challenge with an eye toward building a viable,, sustainable program. Recruiting is the life -blood of any volunteer organization. A comprehensive recruiting strategy that reaches each. neighborhood in the county will be developed by program leaders to garner support and interest in the program, to generate fresh ideas about how best to implement the program, and to ensure a continual flow of new volunteers. Recruiting will start by contacting everyone in the county who had previously attended CERT training in order to reignite their interest in the program. To that end, a letter was sent in July by the Director of IRCES to each former CERT member with information about the revitalization project that is now underway, encouraging them to get reconnected with the program. In addition, email.contact listings have been generated, the CERT of P72 Indian River County Facebook page has been refreshed, and a new Twitter account has been created; all with the objective of staying connected with those interested in the CERT program. Enlisting previously trained CERT volunteers is a great kick start to the program's recruiting effort, but it cannot stop there. Program leaders and volunteers will conduct extensive outreach to HOAs and their Boards of Directors, neighborhood Community Watch organizations, SAFER member organizations, faith -based groups, youth organizations and schools, and other volunteer community and civic groups interested in emergency preparedness, with presentations and information about the CERT program and its benefits to the community. During the year, CERT members will also set up information display booths at various events in the county to increase program visibility, generate interest in CERT activities, and recruit new trainees. To ensure the program maintains its momentum and retains its volunteer members, the CERT program will include engaging, informative, and fun activities, training, and events designed to prepare CERT volunteers for emergencies and disasters. Perhaps even more importantly, the program's activities will be aimed at challenging CERT members to use the knowledge and skills they learn to create neighborhood -based programs that reach an even larger audience with emergency preparedness and disaster readiness information. In doing so, the CERT program becomes even more meaningful to participants and more valuable to entire community. The program must also be careful not to rely solely on a small number of volunteers, but instead, delegate and decentralize tasks where possible. Our program plans will include recruiting and maintaining a larger pool of volunteer leaders that are cross -trained and willing to step in to leadership roles when needed. This type of volunteer engagement empowers all participants to succeed and helps prevent volunteer burnout and program fatigue. Poor or infrequent communications with participants can quickly derail a program, causing confusion and frustration for volunteers and residents, and contribute to, rather than help to alleviate, dangerous .situations during emergencies. Using local print and broadcast.media sources, email, and various online social media, CERT of Indian River County will actively promote program activities and keep the community informed about training and special events. The program plans call for regular, frequent contact with volunteers in order to keep them informed, increase a sense of engagement, and to help improve retention of trained volunteers. Summary To sum it up, the CERT of Indian River County program will motivate, empower, and engage the whole community to work together to prepare for disasters and emergencies. The CERT Ambassadors of Preparedness are neighbors helping neighbors promote and increase personal and community emergency readiness and disaster preparedness with tailored neighborhood programs. In doing so, emergency professionals benefit, local support organizations benefit, volunteers benefit, and, most importantly, the whole community benefits from prepared and resilient Indian River County neighborhoods. P73 Attachment C ALLOWABLE COST AND ELIGIBLE ACTIVITIES CATEGORIES AND ELIGIBLE ACTIVITIES The 2016 EMPG Funding Guidance allowable costs are divided into the following categories: organizational, planning, training, exercise, and equipment. A. 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. 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. Mandatory Training and Exercise Requirements for EMPG funded employees 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. Eligible "Organization". items include: i. Travel to/from meetings and conferences related to emergency management ii. Travel to training and/or exercises related to emergency management iii. Other Personal/Contractual Services a. 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. b. Consultant Services require a pre -approved Contract or purchase order by Volunteer Florida. These requests should be sent to the grant manager for Volunteer Florida for review. B. 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. 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. 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.gov/training-0. P74 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/1115d44e06367bb89510aafbe79cl875/FI NAL _ GPD+Training+Three+for+Free+Poli cv 09+10+13.pdf i. Additional types of training or training related activities include, but are not limited to, the following: a. Developing/enhancing systems to monitor training programs b. Conducting all hazards emergency management training c. Attending Emergency Management Institute (EMI) training or delivering EMI train -the -trainer courses d. Attending other FEMA -approved emergency management training e. State -approved, locally -sponsored CERT training f. Mass evacuation training at local, state, and tribal levels ii. Allowable training -related costs include the following: a. 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. Sub -recipients are encouraged to use existing training rather than .developing new courses. When developing new courses. Sub -recipients are encouraged to apply the Analysis Design Development and Implementation Evaluation (ADDIE) model for instruction design. b. 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. c. 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. d. 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. e. 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. P75 i. Allowable exercise -related costs include: a. 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/locations/facilities, whenever available, prior to the rental of space/locations/facilities. Exercises should 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, should be identified in the AAR/IP and addressed in the exercise cycle b. 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. c. 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. d. 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). e. Implementation Homeland Security Exercise and Evaluation Program (HSEEP). This refers to costs related to developing and maintaining an exercise program consistent with HSEEP. f. 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. ii. Unauthorized exercise -related costs include: a. 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. b. Equipment that is purchased for permanent installation and/or use, beyond the scope of exercise conduct (e.g., electronic messaging signs) c. Durable and non -durable goods purchased for installation and/or use beyond the scope of exercise conduct E. Equipment i. Allowable equipment categories for the EMPG Program are listed on the web - based version of the Authorized Equipment List (AEL) at https:l/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: a. Personal Protective Equipment (PPE) (Category 1) b. Information Technology (Category 4) c. Cybersecurity Enhancement Equipment (Category 5) 10 P76 d. Interoperable Communications Equipment (Category 6) e. Detection Equipment (Category 7). f. Power Equipment (Category 10) g. Chemical, Biological, Radiological, Nuclear, and Explosive (CBRNE) (Category 1.1) h. CBRNE Incident Response Vehicles (Category 12) i. Physical Security Enhancement Equipment (Category 14) j. CBRNE Logistical Support Equipment (Category 19) k. Other Authorized Equipment (Category 21) If Sub -Recipients have questions concerning the eligibility of equipment not specifically addressed in the AEL, they should contact their CERT Program Manager for clarification. IL MAINTENANCE AND SUSTAINMENT A. 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.(hftp://www.fema. Q-ov/-Qrant-Drog rams - 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.gov/media- library/assets/documents/32474. B. Unallowable Costs i. 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.gpo. gov/fdsys/pk./DCPD-2015000331odf/DCPD-201500033. pdf), and the Recommendations Pursuant to Executive Order 13688(httr)s://www.whitehouse.gov/sites/default/files/docs/le equipment M fina I report final.pdf). a. Expenditures for weapons systems and ammunition b. Costs to support the hiring of sworn public safety officers for the purposes of fulfilling traditional public safety duties or to supplant traditional public safety positions and responsibilities c. Expenditures for weapons systems and ammunition d. Activities and projects unrelated to the completion and implementation of the EMPG Program In general, Sub -Recipients should consult with their CERT Program Manager prior to making any investment that does not clearly meet the allowable expense criteria established in this .Guidance. 11 P77 Attachment D REPORTS Sub -Recipient shall provide Volunteer Florida with a quarterly financial report, and a final close-out report. Reporting Forms are located in attachment titled: Reporting Forms and can be found at www.VolunteerFlorida.org/CERT 1. Quarterly financial reports are due to Volunteer Florida no later than fifteen (15) 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. Sub -recipients shall expend and request reimbursement for: 30% of the sub -grant agreement funds no later than March 31; and 100% of the sub -grant agreement funds no later than May 31. The Sub -Recipient shall provide Volunteer Florida with full support documentation for the quarterly financial reports. To eliminate large files and mailings, Volunteer Florida will accept documentation via email to the VF CERT Program Manager, if desired by the Sub - Recipient. Copies of invoices/receipts and canceled checks or general ledger for proof of payment._(Backup Documentation should reflect the amount requested on :the Expenses Detail of Claims form.) A. Planning Costs: Provide copies of contracts, MOUs or agreements with consultants or sub -contractors providing services. May also request copies of planning materials and work products (i.e., meeting documents, copies of completed plans (if submission of plans is for Volunteer Florida then only need to provide date of submission and who submitted plan/product to), etc.). B. Training Costs: Provide copies of contracts, MOUs or agreements with consultants or sub -contractors providing services, 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. C. Exercise Costs: Provide copies of contracts, MOUs or agreements with consultants or sub -contractors providing services, 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. D. Equipment Acquisition Costs: AEL# for each purchase (if applicable). E. 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 travel/conference. 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. F. If cancelled checks are NOT available, copies of the general ledger MUST be provided. 11. Proposed Match Plan is due with the signed contract 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 Contract shall be matched by the Sub -Recipient either by Cash Match or In -Kind Match. III. The final Close Out report is due no later than thirty (30) days after termination of this Contract. Federal funds provided under this contract shall be matched by the Sub -Recipient either by Cash Match or In -Kind Match from non-federal funds. Appropriate back- up/supporting documentation needs to be provided (i.e. general ledger with highlighted matching non-federal funds). 12 P78 Attachment F PROGRAM STATUTES AND REGULATIONS I. Age Discrimination Act of 1975 42 U.S.C. § 6101 et seq. II. Americans with Disabilities Act of 1990 42 U.S.C. § 12101-1221 III. Chapter 473, Florida Statutes: Regulation of Professions and Occupation IV. Chapter 215, Florida Statutes: Financial Matters: General Provisions V. Chapter 252, Florida Statutes: Emergency Management VI. Title VI of the Civil Rights Act of 1964 42 U.S.C. § 2000 et seg. VII. Title VIII of the Civil Rights Acts of 1968 42 U.S.C. § 3601 et seq. VIII. Copyright notice 17 U.S.C. §§ 401 or 402 also Section 1004.23, Florida Statutes IX. Assurances, Administrative Requirements and Cost Principles 2 C.F.R. Part 200 X. Debarment and Suspension Executive Orders 12549 and 12689 XI. Drug Free Workplace Act of 1988 41 U.S.C. § 701 et seq. XII. Duplication of Benefits 2 C.F.R. Part 200., Subpart E XIII. Energy Policy and Conservation Act 42 U.S.C. § 6201 XIV. False Claims Act and Program Fraud Civil Remedies 31 U.S.C. § 3729 :also 38 U.S.C. § 3801-3812 XV. Fly America Act of 1974 49 U.S.C. § 41102 also 49 U.S.C. § 40118 XVI. Hotel and Motel Fire Safety Act of 199015 U.S.C. § 2225a XVII. Lobbying Prohibitions 31 U.S.C. § 1352 also 2 C.F.R. § 200.950 also Section 216.347 Florida Statute and Section § 1352, Title 31 US Code XVIII. Patents and Intellectual Property Rights 35 U.S.C. § 200 et seq. XIX. Title IX of the Education Amendments of 1972 (Equal Opportunity in Education Act) U.S.C. § 1681 et seq. XX. Trafficking Victims Protection Act of 2000 22 U.S.C. § 7104 XXI. Rehabilitation Act of 1973 Section 504_29 U.S.C. § 794 XXII. USA Patriot Act of 2001 18 U.S.C. § 175-172c XXIII. Whistleblower Protection Act 10 U.S.C. § 2409, 41 US.C. 4712, and 10 U.S.C. § XXIV. 2324, 41 U.S.C. § § 4304 and 4310 XXV. Rule Chapters 27P-6, 27P-11 , and 27P-19, Florida Administrative Code XXVI. 2 C.F.R. Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards XXVII. To the extent that 2 C.F.R. Part 200 supersedes any provision outlined above, 2 C.F.R. Part 200 shall apply XXVIII. Contracting with Small and Minority Businesses, Women's Business, and Labor Surplus 2 C.F.R. § 200.321 14 P80 Attachment H Criminal History Check Status 'Form National Sex Offender Public Registry: https:/Iwww.nsopw.govl Florida Department of .Law Enforcement Criminal History Information: https://web.fdle.state.fl.us/search/app/default?0, or https://web.fdle.state.fl.us/search/app/memorandum?4 Mi CONSENT AGENDA INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET . PURCHASING DIVISION DATE: October 23, 2017 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, County Administrator Mike Smykowski, Budget Director FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Award of Annual Bid for Sod (2018001) BACKGROUND: The Road and Bridge Division requested the solicitation of annual bids to establish fixed pricing for delivered sod for use on various projects throughout the County. The previous bid expired on February 28, 2017. The term of the new bid will be one year from date of award, with options for two additional one-year renewals. BID RESULTS: Advertising Date: July 26, 2017 Bid Opening Date: August 23, 2017 Demandstar Broadcast to: 347 Subscribers Specifications/Plans Downloaded by: 8 Vendors Replies: 2 Vendors ANALYSIS: The Road and Bridge Division has recommended award to the lowest responsive and responsible bidder, Gomez Brothers Enterprise. SOURCE OF FUNDS: The low bid represents a per square foot price increase of 3.4% for Bahia Sod and 21% for St. Augustine Floratam. Funding is available in the Road and Bridge Other Road Materials and Supplies Account as shown. P84 .Annual Cost. Annual Cost St. Augustine Total Bahia Sod Floratam Estimated Bidder Location (est. 225,000 sf) (est. 171,000 sf) Annual Cost Gomez Brothers Enterprise Vero Beach $33,750.00 $39,330.00 $73,080.00 Nail Farms, Inc. Melbourne $45,000.00 $59,850.00 $104,850.00 ANALYSIS: The Road and Bridge Division has recommended award to the lowest responsive and responsible bidder, Gomez Brothers Enterprise. SOURCE OF FUNDS: The low bid represents a per square foot price increase of 3.4% for Bahia Sod and 21% for St. Augustine Floratam. Funding is available in the Road and Bridge Other Road Materials and Supplies Account as shown. P84 Account Number Account Description Available FY17/18 Budget 11121441-035390 Road & Bridge — Other Road Materials and Supplies ... $73,080.00 CONSENT AGENDA INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: October 6, 2017 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, County Administrator Mike Smykowski, Budget Director FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Award of Annual Bid for Street Sweeping (2017056) BACKGROUND: The Road and Bridge Division requested the solicitation of annual bids for the sweeping of approximately 210 lane miles of streets. The prior bid was awarded to International Sweeping, DBA Facilities Pro Sweep and was effective from June 1, 2016 through May 31, 2017, with two one-year renewals available. Facilities Pro Sweep declined to renew at the existing rate. The term of the new bid will be one year from date of award, with options for two additional one-year renewals. BID RESULTS: Advertising Date:. May 24, 2017 Bid Opening Date: June 20, 2017 Demandstar Broadcast to: 155 Subscribers Specifications/Plans Downloaded by: 12 Vendors Replies: 5 Vendors Firm Location Estimated Total annual cost Image Companies Lake Park $32,272.50 Clean Sweep and Vac, LLC Port St. Lucie $38,040.00 USA Services of Florida, Inc. Longwood $58,970.00 Pete's Land Clearing, LLC Clearwater $61,050.00 Facilities Pro Sweep I West Palm Beach $74,220.00 ANALYSIS: The Road and Bridge Division determined the lowest bidder, Image Companies, is not responsible, as their sweeper is not equipped with gutter brooms, as required in the specifications. The second lowest bidder, Clean Sweep and Vac, LLC has satisfactorily performed sweeping services for the county under a previous bid, and is recommended as the lowest, responsive and responsible bidder. P86 CONSENT AGENDA SOURCE OF FUNDS: The low bid represents an approximate 12.4% increase over the previous bid. Funding will be made available in the Road and Bridge Other Professional Services Account as shown. Account Number Account Description Available FY17/18 Budget 11121441-033490 Road & Bridge — Other Contractural Services 1 $38,040.00 RECOMMENDATION: Staff recommends the Board award Bid 2017056 to Clean Sweep and Vac, LLC and authorize the Purchasing Division to issue blanket purchase orders for the period of November 7, 2017 through November 6,2018 to the recommended bidder, after receipt and approval of required insurance by Risk Management. Staff also recommends the Board authorize the Purchasing Manager to renew this bid for two (2) additional one (1) year periods subject to satisfactory performance, vendor acceptance, and the determination that renewal of this annual bid is in the best interest of Indian River County. P87 Ni • rnK1CGAIT INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: James W. Ennis, P.E., PMP, Project Engineero SUBJECT: Release of Retainage — Schulke, Bittle, and Stoddard, LLC Go -Line Bus Transfer Hub Facility, IRC -1330 DATE: October 18, 2017 DESCRIPTION AND CONDITIONS On April 14, 2015, the Board of County Commissioners approved the Professional Civil Engineering and Architectural Services Consultant Agreement with Schulke, Bittle, and Stoddard, LLC, for Architectural and Engineering Services to design and permit the Go -Line BusTransfer Facility -an enclosed and open air building with bathrooms, storage, eight bus/transit vehicle pick-up/parking spaces, paved .parking for clients and operators, and a covered shelter over the walkway/pick-up area. Schulke, Bittle, and Stoddard, LLC has been paid $144,332.88 to date, with $8,545.68 held in retainage. Construction of the Go -Line Bus Transfer Facility has been completed and Schulke, Bittle, and Stoddard, LLC has submitted Invoice No. 14-028-R2, dated August 9, 2017 in the amount of $8,545.68 for release of retainage. FUNDING Funding is budgeted and available from MPO/Retainage/Transit Hub Project—Account No. 124-206000- 10802 in the amount of $8,545.68. RECOMMENDATION Staff recommends the Board of County Commissioners approve Schulke, Bittle, and Stoddard, LLC Invoice No. 14-028-112, dated August 9, 2017 in the amount of $8,545.68 for payment. ATTACHMENTS Schulke, Bittle, and Stoddard, LLC Invoice No. 14-028-112 APPROVED AGENDA ITEM FOR NOVEMBER 7 2017 FAPublic Works\ENGINEERING DMSION PROJECTS\1330-GoLine Bus Transfer Hub Facility\AdmiMagenda items\Schulke Release Retainage\Staff Report.doc i P88 e. I. INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES Date: October 27, 2017 To: Jason E. Brown, County Administrator From: Vincent Burke, P.E., Director of Utility Services Prepared By: John M. Boyer, P.E., Utilities Engineer Subject: Approval of Change Order and Final Pay for Blue Goose Construction Work Authorization No. 2017-002 to Replace Water Services in "St David's at Grand Harbor" Subdivision — UCP #4130 . DESCRIPTIONS AND CONDITIONS: During the March 7, 2017, meeting, the Board of County Commissioners (BCC) approved Work Authorization #2017-002 for Blue Goose Construction (Contractor) to replace water services in the "St David's at Grand Harbor" subdivision. The project commenced shortly thereafter. In the course of construction, the Contractor and Indian River County Department of Utilities Services (IRCDUS) realized the need for additional work to complete the job. ANALYSIS: The additional work was related to the replacement of additional water services, casing pipe, exploratory excavations ("potholes") to locate existing service connections, repairof underground electric and irrigation lines, lawn restoration, and demolition and removal of existing concrete sidewalk and driveways. This work correlates to pay items in the labor contract and shall be paid accordingly. The additional work and related cost increase applies only to the labor contract; cost for direct -purchased material decreased. Project costs are summarized in the table below. Original Approval Additions or Deletions Final Cost 1— Labor Expense: $ 89,255.65 $88,799.45 $178,055.10 2 — Materials: $ 38,551.20 $(-10,173.46) $28,377.74 Totals: $ 127,806.85 $78,625.99 $206,432.84 The amount due the contractor for the final pay request is $178,055.10, less the previous payment of $24,640.75, for a final total of $153,414.35. P90 ACCOUNT. NAME ACCOUNT NUMBER AMOUNT Grand Harbor -St. David's Lane 471-169000-17502 $206,432.84 SECTION 00622 - Contractor's Application for Payment Grand Harbour- St David's Lane - Water Service Replacement Project Application for Payment No. 2 FINAL For Work Accomplished through the period of July 1. 2017 through September 30. 201 To: Indian :River County (OWNER) From: Blue Goose Construction LLC (Contractor► Bid No.:02 16032 Project No.: 1 Original Contract Price: 2 Net change by Change Orders and Written Amendments (+ or 3 Current Contract Price (1 plus 2): 4 Total completed and stored to date: 5 Retainage (par Agreement): _0 %'of completed Work: _L01. of retainage: 6 Total completed and stored to date less retainage (4 minus 5): 7 Less previous Application for Payments: 8 DUE THIS APPLICATION (6 MINUS 7): $ 89.255.65 $ 115,168.60 $ 204.424.25 $ 178,055.10 Total Retainage: S - $ 178,055:10 $ (24,640.75) $ 153,414.35 UNDER PENALTY OF PERJURY, the undersigned CONTRACTOR certifies that (1) the labor and materials listed on this request for payment have been used in the construction of this Work; (2) payment received from the last pay request has been used to make payments to all subcontractors, laborers, materialmen and suppliers except as listed on Attachment A, below, (3) title of all Work, materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, security interests and encumbrances (except such as are covered by a Bond acceptable to OWNER indemnifying OWNER against any such Lien, security interest or encumbrance); (4) all Work covered by this Application for Payment is in accordance with the Contract Documents and not defective; and (5) If this Periodic Estimate is for a Final Payment to project or improvement, 1 further certify that ell persons doing work upon or furnishing materials or supplies for this project or improvement under this foregoing contract have been paid in full, and that all taxes imposed by Chapter 212 Florida Statutes, (Sales and Use Tax Act, as Amended) have been paid and discharged. and that i have no claims against the OWNER. Attached to or submitted with this forth are: 1 Signed release of lien forms (partial or final as applicable) from all subcontractors, laborers, materialmen and suppliers except as listed on Attachment A, together with an explanation as to why any release of lien forth is not included; P92 2 Updated Construction Schedule per Specification Section 01310, and; Dated . t J et STATE OF FLORIDA COUNTY OF INDIAN RIVER B. (CONTRACTOR- n1listb sign by an Officer of the Corporation) _Greg Hampton - Controller Print Name and Title Before me, a Notary Public, duly commissioned, qualified, and acting, personally appeared ,w. Yt% rN , who being by me first duly swom upon oath, says that he/she is the of the CONTRACTOR mentioned above and that he/she has been duly authorized to act on behalf of it, and that he/she executed the above Contractor's Application for Payment and Contractor's Certification statement on behalf of said CONTRACTOR; and that all of the statements contained herein are true, correct, and complete. Subscribed and sworn to before me this 2a_ day ofd L'R 20t1 is ersonally known e or has produced as identification. NOTARY PUBLIC: C�J�/lXd L L i (SEAL) Printed name: Commission No:: TERESAGORMAN Commission :: Expiration- - V i6BkMMSli19N ` P , EXPIRES: Decern�er 22; 2019 Rid eblicUOerwriters r (The remainder of this page was left blank intentionally] i Page 2 Pay Apprxalion 1 P93 i P94 1111 Jill 11 ON 1111111111 III ON i P94 G,A, JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 180127' Street Vero Beach, FL 32960 Telephone: (772) 226-1945 October 30, 2017 Honorable Joseph E. Flescher, Chairman and Indian River County Board of County Commissioners 180127" Street Vero Beach, Fl, 32960 Dear Chairman Flescher and County Commissioners: Enclosed please find our check in the amount of 558,409.23 which represents excess fees for non - court operations. We thank the Budget Department and Board staff for their continued support. We also appreciate the Board's assistance with the continuing renovations and future expansion of our courthouse. Should anyone have any questions on the attached report, please contact me at extension 3157 or ElissaNagy at extension 1570. Sincerely, C -P effrey R. Smith, CPA, CGFO, CDMA Clerk of Court and Comptroller Cc: Jason -Brown., CountyAdministrator-:7 Mike Smykowski, Budget Director Elissa Nagy, Finance Director Cindy Carlsward, Court Operations Director P95 INDIAN RIVER COUNTY, FLORIDA CLERK OF THE CIRCUIT COURT STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES - BUDGET AND ACTUAL GENERAL FUND FOR THE YEAR ENDED SEPTEMBER 30, 2017 REVENUES NON COURT OPERATIONS REVENUE COURT OPERATIONS REVENUE MISCELLANEOUS REVENUES TOTALREVENUES EXPENDITURES PERSONAL SERVICES OPERATING EXPENDITURES CAPITAL OUTLAY TOTAL EXPENDITURES EXCESS OF REVENUES OVER (UNDER) EXPENDITURES GENERAL FUND VARIANCE FINAL FAVORABLE BUDGET ACTUAL (UNFAVORABLE) $ 1,263,000 $ 1,293,089 $ 30,089 2;846,997 2,980,781 133,784 44,493 48,584 4,091 4,154;490 4,322,454 167,964 4,507,764 4,472,520 35,244 563,372 708,650 (145,278) $4,865 54;386 1 479 5,126,001 5,235,556 (109,555) (971;511) (913,102) 58,409 OTHER FINANCING SOURCES (USES) TRANSFERS FROM BOARD OF COUNTY COMMISSIONERS TRANSFERS TO BOCC TOTAL OTHER FINANCING SOURCES (USES) EXCESS OF REVENUES AND OTHER SOURCES OVER (UNDER) EXPENDITURES AND OTHER USES FUND BALANCES 10/01/16 FUND BALANCES 9/30/97 I, Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller of Indian River County, Florida, do hereby certify that the foregoing are true and accurate annual reports of all official expenses and net income and unexpended budget balances as of the close of the fiscal year ended September 30,2017 1 have hereunto sejjny official seal this date, October 30, 2017. Jeffre mi�1j, erk of Circ�Courtand Comptroller $ 971,511 971,511 - (58,409) (58,409) 971,511 913,102 (58,409) P96 Jeffrey R. Smith- Wells Fargo Bank, Vendor Check -Check Clerk of the CircuitCourt & ComptrollerNumber Date' Number, N.A. - �. NumbL 11 210 �24h Indian River County, �Flofida :77 10/30/2017 3203'. P.O. Box 10.28 Vero Beach, FL 32960 VOID 180 DAYS FROM DATE OF ISSUE $58,409'23 'Fifty-eight Thousand Fbur'Hbndred Nine Dollars and 23 Cents*` Pay INDIAN RIVER COUNTY BOARD OF COUNTY MP To the COMMISSIONER Order Of MIR Adh 1110000 3 20 1111 1: L 2 LOOO 2481: 26 58 50 LO 9 9 ? 6 6118 Jeffrey R. Smith Clerk of the Circuit Court & Comptroller, Indian River County, Vero Beach, Florida PAGE: 1 OF 1 CHECK NUMBER: 00003203 INVOICE, DATE. ','INVOICE NUMBER ;1'6ttC-'RiPTIdW M UNT 10/2512017 2017 EXCESS FEES FY 2016-2017 EXCESS FEES GL#:01 0 - 208008 GL#:050 - 208008 $6.151.38 $52,257.85 $58,409.23 111111 WHOM 05 111 -.ilia ii-ilillp-lil -111 R� 1111 77 1 INDIAN RIVER COUNTY BOARD OF COUNTY... 1 3203 10/30/2017 $58,409.23 P97 z z z Q o w m -q 9 nil` -i O 5 m 3 0 O N N to N N U ctm 5,a D Dom° O O m v m '^ mO x �.i m �—' •°i• O i a x A S (D H d O n- n A m m m 5. ,2 O m i P 2 M u1 Z Z A f7 m +, .�. d m 6 eC.Un 1A 4 O W x f C N m r Z m O Z 7 09 'O C N G 7< m _ ^. �• 7 N 40 W C O C O ymi m m 2 m ;0 0 C X N (p'� N G T UG 0 � N N N V V V W w W A A A N IN IN IN N N N N D o 0 3 0 0 d m e a c m a w d m c m S y Oo p N ? N n d N rn {A m C N m N N N 1. I P99 O N N to N N U N N N V V V W w W A A A N IN IN IN N N N N D o 0 3 0 0 d m e a c m a w d m c m S y Oo p N ? N n d N rn {A m C N m N N N 1. 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N I A V N O V OV (!t O O b o b 0 0 0 N v^ v1 of to In V O :p V V V to O 0 0 0 0 I P104 N O N O O O O O O O O O pO O O O v* N t/1. N I A V N O V OV (!t O O b o b 0 0 0 N v^ v1 of to In V O :p V V V to O 0 0 0 0 I P104 q'.0 ,,:►�►�� Sheriff Deryl Loar *. Indian River County �40R10�' October 31, 2017 The Honorable Joseph E. Flescher; Chairman Indian River Board of County Commissioners 1801 27th Street Vero Beach., FL 32960-3388 Dear Chairman Flescher: We respectfully submit to the Board of County Commissioners a statement and ACH for the following excess fees for Fiscal Year 2016/2017: Fund 016, General Fund $64,26.8.25 (Includes Offender Fees $77.73) Fund 168, Optional Sales Tax $ 7;157.89 Please place this item on the Constitutional Agenda for the November 7th board agenda. If you have any questionsor require additional information, please contact me at 978- 6404. Sincerely Deryl Loar, Sheriff DL:nj cc: Kelly Goodwin Metcalf, Comptroller 4055 41 s' Avenue, Vero Beach, Florida 32960 www.ireslieriff.org (772) 569-6700 v� , 2. P105 INDIAN RIVER COUNTY SHERIFF'S OFFICE LGF-3 STATEMENT OF REVENUES, EXPENDITURES 8, CHANGES IN FUND BALANCE -BUDGET & ACTUAL FOR THE PERIOD ENDED SEPTEMBER 30, 2017 Optional General Fund Sales Tax Fund 16 Fund 168 REVENUES BUDGET ACTUAL VARIANCE ACTUAL OTHER REVENUE COMMISSARY SALES OTHER INCOME INTEREST TOTAL REVENUES EXPENDITURES 629.00 MENTAL HEALTH COURT 44,367,778 44,367,778 2,176,438 HOUSING PRISONER REVENUE PERSONAL SERVICES 117,938 115,571 2,367 48,984 48,984 OPERATING EXPENSE 96,550 91,616 4,934 CAPITAL OUTLAY 0 0 0 CONTINGENCY 44,521,936 44,457,668 (64,268) 2,169,280 711.00 JUDICIAL PERSONAL SERVICES 2,275,654 2,293,015 (17,360) OPERATING EXPENSE 25,911 27,207 (1,296) CAPITAL OUTLAY 0 0 0 CONTINGENCY TOTAL GENERAL GOVERNMENT EXPENDITURES 2,516,053 2,527,408 11,355 521.00 LAW ENFORCEMENT PERSONAL SERVICES 20,303,990 20,500,057 (196,067) OPERATING EXPENSE 4,171,361 4,347,753 (176,392) 1,967, CAPITAL OUTLAY 2,704,596 2,704,596 0 46, 523,00 CORRECTIONS PERSONAL SERVICES 12,499,759 12,074,811 424;948 OPERATING EXPENSE 2,160,291 2,137,157 23,134. 155, CAPITAL OUTLAY 165,885 165,885 0 TRAINING 521.99 LAW ENFORCEMENT CONTINGENCY 523.99 CORRECTIONS CONTINGENCY TOTAL PUBLIC SAFETY 42,005,883 41,930,260 ~-- 75,623 2,169: DEBT SERVICE PRINCIPAL 0 INTEREST 0 TOTAL EXPENDITURES 44,521,936 44,457,668 64,268 1 2,169,2 EXCESS OF REVENUES OVER(UNDER) EXPENDITURES (44,521,936) (44,457,668) 64,268 (2,169,21 OTHER FINANCING SOURCES AND (USES) APPROPRIATION FROM BCC 44,367,778 44,367,778 2,176,438 HOUSING PRISONER REVENUE SCAAP REVENUE 48,984 48,984 OTHER REVENUE, SALE OF SURPLUS PROPERTY, ETC. 105,174 105,174 OPERATING TRANSFERS OUT -BCC (64,268) (7,158) TOTAL OTHER FINANCING SOURCES AND (USES) 44,521,936 44,457,668 (64,268) 2,169,280 EXCESS OF REVENUES AND OTHER SOURCES OVER(UNDER) EXPENDITURES 8 OTHER USES 0 0 0 0 FUND BALANCE -BEGINNING OF YEAR 0 0 0 0 ---------- FUND ----- FUND BALANCE -END OF YEAR 0 0 0 0 P106 *t . iii or►�z Leslie R. Swan Supervisor of Elections Indian River County October 31, 2017 The Honorable Joseph Flescher, Chairman Chairman, Board of County Commissioners Indian River County 1801.27`' Street Vero Beach, 1. L 32960-3388 Dear Chairman Flescher: q. D. RECEIVIED OCT 31 2017 COMMISSION The Supervisor of Elections office has completed the year-end close out of our books for FY 2016/2017. We are extremely -Teased to return funds to the tax payers of Indian River County in the amount of $8.548:31. Detailed below are the remitiame and revenue amounts: FY 16/17 Remittance $8,014.46 SOL Revenue $ 533.85 TOTAL $ 8,548.31 Enclosed is check number 15610 in the amount of $8,548.31. Should you have any questions or require additional information, please do not hesitate to contact me at 226-3435. Sincerely, Leslie Rossway Swan Supervisor of flections cc: Elissa Naze Michael Smykowski F4375 431" Avenue - Vero Beach, FL 32967 1 Office: (772) 226-3440 1 Fax: (772) 770-53671 wwwvoteindianriver,com P107 Indlan River County Supervisor of Elections Profit & Loss October 2016 through September 2017 Page 1 of 2 P108 Oct .16 • Sep 17 Ordinary Income/Expense Income 331.00 • Federal Grant Revenue 0.03 361.020 • Transfer - Special Revenue 3,79703 341.550 • SOE Fees coo 361.010 • BUDGET TRANSFER 1,258.642.0) 001.02 • WORKERS' COMP, PAID BY BOCC i3.409.03 341,551 • City Reimbursements 16.573.53 Total income 1.302,627 59 Gross Profit 1,302.62759 Expense - 011.00 • SALARIES 011.18 Supplemental Salary (Supplemental Salary) 11,266.95 011.11 • Executive Salaries - 124,439.12 011:12 Regular Salaries 198,580.87 011A25, Regular Wages - 17$.230.46 . 011,13 Part -Time Wages, 24.026.08 011.14 - Regular Wage Overtime 5.66264 011,15 • Temp. Election Help 59,905 50 011.16 • Temp. Help Overtime 1.90225 011.19 - Clerks and Poll Workers 4:.061 .9 Total 011.00 SALARIES 6;2.0948? 012:00• PAYROLL EXPENSES 012.10 • Company Medicare - 7.58253 012.11 • Company Social Security 32,421 63 012.12 - Retirement Conlributions 63,912 34 012.13 • Insurance 012.132 • LifelHealth 66,329.43 012.134 • Dental 4,268 t; - 012.138 - WorkePs Comp - 999.0) Total 012.13 , Insurance 71,596 53 012.140 • Other Post Employment Benefits t2,a 1C O) 012.00 • PAYROLL EXPENSES - Other 'Total 012.00, PAYROLL EXPENSES 201.923 2% 034.00 • CONTRACTUAL SERVICES 034.76 Destruction Services 198 35 034.10 • Processing Fees - - 2.308.66 034,20 - Securhy System 565.0 034.40 • Equipment Transport - 4.862.59 034.80 • Other Services 75067 Total 034.00 - CONTRACTUAL SERVICES 8.685 21 040.00 • TRAVEL 040.40 Executive Travel 2,8581-3 040,60 Staff Travel 8.872 91 040.80 - Temp help mileage 43655 Total 040.00 , TRAVEL - 12 16763 041.00 - TELEPHONE 041.40 - Telephones - C-772.63 Total 041.00 • TELEPHONE 6.772.63 042.00 - POSTAGE 042,30 • Regular - .20.780.34 042.40 • FedEx 41098 042.60 • Shipping 6 Handling 2.803.00 Total 042.00 - POSTAGE 23,994 32 044.00. RENTILEASES 044,20 Building E Precincts - - 1,760.0) 044.40 - Office Equipment 4 6.3.50 Total 044.00 • RENTfLEASES - 6.363 `,) 046.00 •-Insurance 046..20 • Automotive Insurance 950 0�3 Towt 046.00 - Insurance 550 0 046,00 - REPAIR B MAINTENANCE 046.20 � Office Equipment 5.033;51 Total 046.00 - REPAIR & MAINTENANCE 5.033 51 047.00 - PRINTING & BINDING $5. 209 3G 048.00 • PROMOTIONAL 04810 - Voter Ed, d Outreach 1.062.40 046.40 • Advertising 32.192 14 .048,60 • Grant matching funds - V,O. 3.797 C8 Total 048.00 : PROMOTIONAL 37.051.87 051,00 OFFICE 051,20 - General Supplies 18 724.75 051,25 • Bank Charges 3.10665 051.40 FumfEqulp - under 1000.00 552.00 Total 051:00 • OFFICE 22.385.40 051.60 • COMPUTER 051.62 • Software Licensing t2 Support 128.57247 051.64 • Supplies, malrll. 10,222 42 051.66 • Equipment under 1000.00 3.51637 Total 051.60 • COMPUTER 142.371 26 Page 1 of 2 P108 - Indian River County Supervisor of Elections - Profit 8 Loss .. October 2016 through September 2017 Oct '16 • Sep 17 052.00 • OPERATING SUPPLIES - - 052.40 Warehouse supplies 23903 052.40 • Van supplies, fuel - - 816 7B . . Total 052.00 • OPERATING SUPPLIES 1.05081 054.00 SUBSCRIPTIONSIEDUCATION 054.20 • Subscriptionstbooks 26592 054.40 Duos 3 Membership- - 054.60 Meetings t5eminars/Classes - - - 111.84710: - - Total 054.00 • SUBSCRIPTIONSIEDUCATION - . 18.09865 - - - .- o60.00 • CAPITAL OUTLAY - - - - - - 060.50 • Furniture and Supplies 1,388 00 _ - _ - - 064.80; Machinary and Equipment . - 69.27600 - Total 060.00 • CAPITAL OUTLAY .70.664.00 - Total Expense 1;290.876.04 . Not Ordinary Income .. 11.81 MA Other Income/Exponse Other Expense Reportable Health Coverage 0.00 088.04. BOCC/Excess.Budget 8,014.46 Total Other. Expense. _ 8.014,46 - - - Not Other Income _ _ .. •8,014,46 Net Income - 3,797.06 - - - - Page 2 of 2 1 P109 - 130D - Payroll Service Customer Asset Indian Rha, County SUNNiSar of Elections - - - Balance Sheet - - ' 'Aa of Septomtier 30, 2D17 - Total 155.000 - Prepaid o.pensee 1910 tine 531- �Sep 30.17 ASSETS - - Currant Assets - - ChockinpiSavinga - 101.0 - General Funds - 25.1 a9 08 101 -OB OPERATING-WACHOVIA •29.615.26 101.01 • PAYROLL. WACHOVIA - - 7106 - - - 101.06 - CAFETERIA- WACHOVIA - 7,552 04- 101.05- MONEY MARKET-WACHOMA - - 94'.655 44 total 101.0 - General Funds - $7620 IS - - 101.178 Special Revenue Funds - - - t36J4-.FEASIattlCounly- Total 101.136 • Special He venue Funds - Emit - - 101.009 - CASH REGISTER "BANK' - 2500 - - Total Checkin91814inge _ _ - - - 1226692: - - - Other Current Assets - - - - - - 130D - Payroll Service Customer Asset - .00 - - - - 155.100 • Prepaid expe,tses 1690 lift 53) 155.30 • Compgno, maintenance and supper. Total 155.000 - Prepaid o.pensee 1910 tine 531- totalOtherCurrentAssets - 2,586 le I.WCYrront Assota .. -- 175,25545 Other Assert - - 1101 • Provide for Compensated Absonee - 25.1 a9 08 - Tolsl Other Assets - 25.149.06 - - TOTALASSETS - 150.404.51 - LIABILITIES 6 EQUITY - - Liabilities - - - - - . Curren) LiabDitks - - - - - - - Accounts Pay" le - 208.01 - Accounts payable (990 line 60) - Total Accounts Payable. - - 18>i5483 - Credit cards - - - 202.01 - Credit ",d (990 line 60) - .2.165.57 - _ _ Total Credit Cards - - .2.165.51 - - Other Cdrrant Liabilities - 206-020.00forred.5p4clsi Re"nus .. 208.010. DUE TOOTHERGOVERNMENI3 (8000)' - - 8.546.]1 - - 210.000+ Payroll Liabilities - - - - 210.200 • FRS 3% Employee Portion (FRS 3%£mployeo Contmbutlon( - - - 1.1 77.35 - 210.00, FRS - - - - -6.)1191 - - - - 210.000 • Poy,oil Liabililioa • 01har- - Total 210,000• Payroll Lisbiliiiea 216.000 • ACCRUED WAGES PAYABLE - . 10,170 64 - 216.000 - ACCRUED PAR TAXES PAYABLE 1,20:.99 - - 219.000 • ACCRUED BENEFITS PAYABLE 7/91 - - 220.000 • EMPLOYEE OPTIONAL DED, - - 220.010 - Process Works - - 2314'x4 - - - - 720.20 -STD. - - - - 270.025 - 6700ntlac " -1) 15 - Total 720.20'STD. •17 f5 - - - - - 220.030r LTD -Mutual of Oman - 3"261 - 220.050•_ICMA - 720000 - 220.060 •-United Wsy - 2800 - - 220.080 - AcsidonvAULAC - 6A 19 - Tetst 220.000 • EMPLOYEE OPTIONAL DED. '4,89.1.50 - - - - - Total Other Current liabilities 400.63803 - - - Tout Cunem Lisbddies- - - - Long Term Li.bIlhiot - - - - 2501 - ACCRUED COMPENSATED ABSENCES - .25.14908 - - - - _ -- Total Long. Tam Liabilities - @5.14908 -- - - - Total Liabilities - -- - - Ie6.637AS - Equity- - Net lneoms - 1.79708 - - - Total Equity - 3:'79708 " - TOTAL LIABILITIES L EOUITY, _ - 150,d04++SaS3 - O r CD W) r ewe uo •nnb � ,laaln ��S .,M,w7Y�aWJ Nlnril z� cr It 5 J, a 1 m O N M O r N N N LL N N in U C X N W U� i O O r r C r Lu zww _022 N U w Of 200 W 0 :7 Ed UU. ww -�}IxIr xZ F- 0 X00 L)oo fl w w coo 0-- 44 O O OD coGo CD N N J M OD t1� co 2 0 Irv? -p Z a m J C p '° Cj) w ld-L•" ._ -1 �f tT,7'�Z O ( 4 0 W :'co Z 1 `iL ► t cv U a N N M �.� C m -j N LL 0 > .� � sLL 0 n u � > O � m c� S y I ml m�� O V o lu i �! CO co d r i o =1 A:1 > w � oQ LEI' ON,C) ` } ao -,.a;��_ s______ _{lirrFT,t•it�r yjlllst:7►IC'A m O N M O r N N N LL N N in U C X N W U� i O O r r C r Lu zww _022 N U w Of 200 W 0 :7 Ed UU. ww -�}IxIr xZ F- 0 X00 L)oo fl w w coo 0-- 44 O O OD coGo CD N N J M OD t1� co TO: FROM: SUBJECT: DATE. Carole Jean Jordan., CFC Tax Collector HOW MAY WE HELP You?/' MEMORANDUM Jason Brown, County Carole Jean Jordan, Tz Agenda Item October 31, 2017 q'jE- Please place the following on. the Agenda for the Board of County Commissioners meeting on Tuesday November 7, .2017 under Constitutional Officer's Matters: 'Tax Collector, Carole Jean Jordan. We are hereby presenting our Annual Fiscal Report for the Fiscal Year Ended September 30, 2017 as required by Section 2-18.36 of the Florida Statutes. Also attached is the Report of Distribution of Excess Fees for fiscal year ended September 30, 2017. Thank you for your attention to this matter, -and if you have any questions or if Nye can be of any assistance, please feel free to call me at extension 1337. cc: Michael Smykowski, Budget Director P.O. Box 1509, Vero Beach, FL 32961-1509 E-mail: TaxCollectorCalirctax.com Website: www,irctax.com Phone: (772) 226-1338 + Fax (772) 7713-5009 P112 EXCESS2017 INDIAN RIVER COUNTY TAX COLLECTOR CAROLE JEAN JORDAN, TAX COLLECTOR EXCESS FEE DISTRIBUTION YEAR ENDING SEPTEMBER 30, 2017 ALLOC 90.66% 9.34% P113 COMMISSIONS 2016/2017 COLLECTED EXCESS FEES AGENCY 2016/2017 % $ 2,732,504.74 GENERAL FUND $ 3,353,983.01 68.9965% $ 1,885,333.83 MUNICIPAL SERV DIST $ 174,567.04 3.5911% $ 98,127.25 EMS SERV DIST $ 553,174.95 11.3797% $ 310,949.53 ROCKRIDGE SLD $ 6025 0.0012% $ 33.87 LAURELWOOD SLD $ 175.89 0.0036% $ 98.87 GIFFORD SLD $ 1,432.52 0.0295% $ 805.25 LAUREL CT SLD $ 23.27 0.0005% $ 13.08 OCEANSIDE SLD $ 46.26 0.0010% $ 26.00 OCEANSIDE PAVING $ 288.31 0.0059% $ 162.06 OSLO PARK SLD $ 822.63 0.0169% $ 462.42 VERO LAKES MSTU $ 4,910.49 0.1010% $ 2,760.27 VB HIGH SLD $ 1,750.37 0.0360% $ 983.91 IXORA PK SLD $ 107.25 0.0022% $ 60.29 PORPOISE PT SLO $ 7.01 0.0001%0 $ 3.94 VERO SHORES SLD $ 95.68 0.0020% $ 53.78 POINCIANASLD $ 302.60 0.0062% $ 170.10 ROSELAND RD SLD $ 14.11 0.0003% $ 7.93 GLENDALE LK SLD $ 64.94 0.0013% $ 36.50 WALKERS GLEN SLD $ 25.88 0.0005% $ 14.55 FLORALTON SLD $ 53.23 0.0011% $ 29.92 TIERRA LINDA SLD $ 37.47 0.0008% $ 21.06 WHISPERING PINES SLD $ 21.57 0.0004% $ 12.12 MOORINGS SLD $ 234.61 0.0048% $ 131.88 E. GIFFORD WATERSHED $ 19.96 0.0004% $ 11.22 WEST WABASSO MSBU $ 154.92 0.0032% $ 87.08 LAND ACO BOND $ 12.05 0.0002% $ 6.77 LAND ACO BOND 2004 $ 92,541.17 1.9037% $ 52,019.05 LIBRARY BOND $ - 0.0000% $ LANDFILL $ 221,993.99 4.5668% $ 124,786.79 BEACH BOND $ - 0.0000% $ - FIND $ 9,448.55 0.1944% $ 5,311.20 SCHOOL BOARD $ 44.15 0.0009% $ 24.82 ST JOHNS WMD $ 85,192.06 1.7525% $ 47,887.98 SEB INLET DIST $ 8,301.55 0.1708% $ 4,666.45 MOSQUITO CONT $ 74,083.26 1.5240% $ 41,643.53 •HOSPITAL $ 249,260.09 5.1277% $ 140,113.55 FELLSMERE WCD $ 1,500.00 0.0309% $ 843.18 IR FARMS WCD $ 1,500.00 0.0309% $ 843.18 ST JOHNS IMPROV DISTRICT $ 1,500.00 0.0309% $ 843.18 SEB RIVER IMPROV DISTRICT $ 1,500.00 0.0309% $ 843.18 VERO LAKES WCD $ 280.84 0.0058% $ 157.87 DELTA FARMS WCD $ 1,500.00 0.0309% $ 843.18 SEBASTIAN STORM DRAIN $ 20,056.51 0.4126% $ 11,274.12 TOTAL $ 4,861,088.44 100,0000% $ 2,732,504.74 0.00 DUE TO COUNTY 100.208.1000 $ 2,477,209.32 DUE TO OTHER GOVT 100.208.0000 $ 255,295.42 TOTAL EXCESS FEES $ 2,732,504.74 ALLOC 90.66% 9.34% P113 0 0OLL aac DJ C Q l=i WLL Z W (D Z DO wQ jr< LUZ ww w w d � OO U rn v co co O 0 F- N - N O U o co to 0 W co � T I t0 h Lf LL �- W = Z 0 LO EA EA co 69 r< CC R Z F- d'LC a) CD ' v z DOLLJS 0000 o°Do 00 co C to N O U U Q w Z U O F}- U) W m 0 j z Q w Q co LL U D D J D F Of W m CJ Z z} z w F- Q w LL W LL z0� CSD D LLIQ _D p D O co cnww wQQ z 00U.�¢ u- �n. . 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O O I P114 INDIAN RIVER COUNTY, FLORIDA TAX COLLECTOR STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES - BUDGET AND ACTUAL ALL GOVERNMENTAL FUNDS FOR THE YEAR ENDED SEPTEMBER 30, 2017 REVENUES CHARGES FOR SERVICES: COUNTY OFFICERS COMMISSIONS MISCELLANEOUS REVENUES: INTEREST OTHER REVENUES TOTALREVENUES EXPENDITURES GENERAL GOVERNMENT SERVICES:. FINANCIAL AND ADMINISTRATIVE:. PERSONAL SERVICES OPERATING EXPENDITURES CAPITAL OUTLAY DEBT SERVICE: PRINCIPAL RETIREMENT INTEREST TOTAL EXPENDITURES EXCESS OF REVENUES OVER (UNDER) EXPENDITURES GENERAL FUND VARIANCE FAVORABLE ACCOUNT NUMBER BUDGET ACTUAL (UNFAVORABLE) OTHER FINANCING SOURCES (USES) TRANSFERSIN LEASE PURCHASE PROCEEDS LEASE PURCHASE CIP TRANSFERS OUT TO BOARD OF COUNTY COMMISSIONERS TRANSFERS OUT TO OTHER GOVERNMENTS TOTAL OTHER FINANCING SOURCES (USES) EXCESS OF REVENUES AND OTHER SOURCES :OVER (UNDER) EXPENDITURES AND OTHER USES FUND BALANCES 10/01/14 FUND BALANCES 9/30/15 341:80 $6,419,100 $ 6,447,872 $ 28,772 361.10 8,000 18,167 $ 10,167 $ 6,427,100 $ 6,466,039 $ 38,939 513.10 S 2,759,317 $ 2,749,429 .$ 9,888 513.30 826,219 816';725 $ 9,494 513.60 169,500 167,380 $ 2,120 513.71 - 513.72 - _ $ _ $ 3,755,036 $ 3,733,534 $ 21,502 $ 2,672,064 $ 2,732,505 $ 60,441 (2,422;493) (2,477,209) (54,716) (249,571) (255295) (5725) $ (2,672,064) $ (2,732,505) $ (6044.1) I do solemnly swear that the foregoing is a true, correct and complete report of all revenues an expenditures of my office for the year ending the 30th day of September, 2017. Signature) Office of T x Collector, India River County P115 ' C) 1 O N ' IT ' (C) 00 N W O (0 O T T- cli z Z O ZV (NO ((00 Nr (0 T LO U) Q � cn w (() 1 QD r ' (0 ' to F -- J cn oUiF- 0 Q J Q v� 0 F- 0 0 E-m0Owm F-�LL tYZ W O� wW O - CN (O O' co m w 0WW(i. U»DLU 0 0 0 p O W f— O N O Cl)' rn T rn 0) N N N O 0) ic) T ' M ' O h 00 O O ti (n O O OO r. O ti M CA N � to v O CA O 0)(0 Cl 1 1 0) N (A 69 (fl U) O a0_ M 0o0 v 00 co co v z O IT M (o N O M N C14 ONO co U rn v -'el�I U) W_ Z) 0 N I- W Q J 1 1 i Q N - z G) 00 t - T 0 (n C) Q C14 (0 L 0) _ tY W (n of W 0 N Q U m Q }OzZW U W ER Z =) ui (D U- >- W co LIJU V N00 r— `=)WC7>-co OO 2 z W Q rn cli N wUUC7Z Q m vm � ~ O Q Q to 4 z > a W O z W z F- Q H W 0 0 z z m O U ' C) 1 O N ' IT ' (C) 00 N W 00 00 IT T- cli z Z O M O 0000 (NO r Nr (0 T LO U) t6l ¢ oua( > tY of 0 avi=�w cn w (() 1 QD r ' (0 ' to F -- J cn oUiF- 0 Q w cn v� 0 F- 0 0 E-m0Owm F-�LL tYZ W O� wW O - CN (O O' co N w 0WW(i. 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Q 00 M 00 N N O N r- ti N N N w to to q , -, M i "T C ap - o Lf) Lo 'IT CD n O Cl) M CM 611,11 to 61) F- U) w z Z J W W0 w Z > -j > LLJ z z H A Q O 2 t7 w >of w W 0 W z O=Wf- U) m W F- z U�m0_LI F <C W Lu 0 0 w aU==Uw A W� M m 0 U) � m O O w A m QF-pofZz2zoow Q mOOOofp c=WOUwW Q H OW WLLJU_ j Q ♦- Q>Up>F- U Z Q A Z Z O UAAZ) W U) Q AAA A w O P117 U) W 1- J_ in ao J O ❑ Co Q < (n LL o LLJ F- CC O QW Co W Z Z W 0 � Z) WF- WU' W a- �(n Opzpw U U W Z W LLF W EE—�OQ a w ❑ } ❑ m j W Z W W F�—y (n z O Ur W W zQ z m .O U L 1 1 1 1 I M M (O � T z W cD c4 U (O Ul) U z D LO Q (4 W J ❑ w Q 60i (co m pwz ❑wN2XZ F— O O V) CO Z N O M O (,.) ~ M ❑ N O N Q L U-) 1 1 to M M (O � T z :t O c4 F- > w� z O U N D LO (f9 (4 W ❑ w (fl 60i (co N pwz ❑wN2XZ F— O O V) CO Z N O M T (,.) ~ N ❑ N a000w N Q (fl d9 64 O 1 1 1 1 I W C) U O Z t� J N N M M' M m (`) O M cli N O N O to T O ' O L U-) 1 1 to M M M T T T W ZO F- > w� z O z F- LO kc) LO (f9 (4 EA LL } w (fl (O (co pwz ❑wN2XZ F— O W cn cn.00w❑ F—. 04 ¢F-�W�W N N T T F- F - p LLJa N UzQozz 0 a000w N N (fl d9 64 O O O (fl (D (O N N N M' M (`) M cli N N N (fl to 6R O ' O 0 0 0 M M (m to 11 u> 1 64 F - Z W Z z W ZO F- > w� z O z F- D Q 2 WLU c� LLLJ❑p(Q LL } w U = j UF' 0 ix W -w 0- pwz ❑wN2XZ F— O W cn cn.00w❑ F—. m ¢F-�W�W Q SOO�p CO (L z =WO W J F- F - p LLJa J UzQozz 0 a000w 0 F- . F - P118 W U. p co co � O OD to ao 00 - z O M ff3 - - U) - O. p .O c - O p .. O c - - - - z :O (p. N Cp N O N (p fV _W I- W .. cl m 61t 64 ..� J r C') O M O M O M p Z O - Q . N.. to ti �+ W Z w U) 0 U O cn - m LL 0 .N W EA 69 .. '69 to zUWa-Wti oo^o W 0m U) O�zz U � C6 COO00 00 U:p=0w z > U -LY W m O W Q Z Z Ly W Q' p w W i O W O Z w 69. to ... O U) O u . z z m O U U) z z z W Z J Of W Z - Q W W F— Z co 0 2 C7 WW0CQ Z W U w w Q U� � V) LLJ Z Q�00 W U Z _W ow2xp' T ~ W Wo J . m. cn !I- O O _(nOLLZ W Wm Q OOO�0 J WWUW Q>U>>�- U Z Q o Z Z I- O U'W WLWU U»W(p Q o o o W Q �. O P119 P120 0 I 00 .1 1 ! 0 I O W r� t• t` t` QQ m r O M O to Efl to 6s to O O i M M Z O U-) M t0 M u M L M � V w_ �- W . co co I co 00 Q N Z N N N N F M F- 0 Q. U m Z 2 Q LL >-0ZU)H Z U W Q W I I O I 1 0 0 0 0 O J (7 (n JZUJ in U Z O CF)O O Up i -w o=Q0 �U g N N N N � > Q a w w Q m �F-paa F- 2 Q Q Wpm U . o. 0 WCD V) O LLz b z m co p w U F. J Hm Q w J Z 2X J X _ LLJZ - LU Q W O Z >_ w cob uj < o 2 w(nZ w D w LL, WOW W =w> Q(DILLQV) >" (n W UH�DaZ (1) O.wwWW J DwH��O co FF -00(1) OO m Q D�zW Q Z)OOw0 -1=tnpLLO� cnWUw0 J ¢ 0E -F -aa Vw J Q Q� U D 2 F' U z 0 0 0 Z OO » O (n Q a 0 U W I- O P120 PUBLIC NOTICE ITEMS: 11/7/17 OMCC Of INDIAN RIVER COUNTY ATTORNEY Dylan Reingold, County Attorney William K DeBraal, Deputy County Attorney Kate Pingoh Cotner, Assistant County Attorney MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold - County Attorney DATE: October 25, 2017 RE: Public Notice of Public Hearing Scheduled for November 14, 2017 to Consider Amending Section 201.07 of Part I of Chapter 201 of the Code of Indian River County with regard to Equivalent Residential Units The Board of County Commissioners will hold a Public Hearing on Tuesday, November 14, 2017 at 9:05 a.m., or as soon thereafter as the matter may be heard, to consider adoption of a proposed ordinance entitled: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 201.07 (EQUIVALENT RESIDENTIAL UNITS) OF PART I (IN GENERAL) OF CHAPTER 201 (COUNTY WATER AND SEWER SERVICES) OF THE CODE OF INDIAN RIVER COUNTY, FLORIDA IN ORDER TO ALLOW SINGLE- FAMILY RESIDENTIAL CUSTOMERS WITH MORE THAN ONE ERU UNDER CERTAIN CIRCUMSTANCES TO REDUCE THE ALLOCATION TO ONE ERU; AND PROVIDING FOR CODIFICATION, SEVERABILITY, REPEAL OF CONFLICTING PROVISIONS, AND AN EFFECTIVE DATE. The Public Hearing will be held in the County Commission Chambers located on, the first floor of Building A of the County Administrative Complex, 1801 27th Street, Vero Beach, Florida 32960, at which time interested parties may be heard with respect to the proposed ordinance. /nhm ID.C, ►, P121 I1. -A. Office of the INDIAN RIVER COUNTY Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator ADMINISTRATOR MEMORANDUM TO: Members of the Board of County Commissioners FROM: Jason E. Brown County Administrator DATE: October 26, 2017 SUBJECT: Sebastian Lionfish Fest I respectfully request the information contained herein be given formal consideration by the Board. BACKGROUND: The red lionfish is an invasive species native to the Indo-Pacific Ocean. Following their introduction in the Atlantic Ocean and Caribbean Sea and due to lack of natural predators, the lionfish population exploded. As a way to mitigate the impacts on local ecosystems, several Florida organizations, including the Florida Fish and Wildlife Conservation Commission (FWC) promote and sponsor lionfish fishing tournaments and educational outreach events throughout the state. On January 12, 2016, the Commissioners voted to become a supporting sponsor of the Sebastian Lionfish Fest. County Coastal Division staff, with the help of the Sebastian River Area Chamber of Commerce acting as fiscal agent and supporting organization, has put on this event for the past two years. This event has grown exponentially each year while raising awareness and increasing public outreach efforts by County staff. Due to the success of the Sebastian Lionfish Fest, the Sebastian River Area Chamber of Commerce, would like to step back as fiscal agent and graduate the Sebastian Lionfish Fest to a 501 (c) 3 organization. Recently, a Florida non-profit named Coastal P122 Connections Inc. has formed with representation from volunteers associated with the Sebastian Lionfish Fest to continue this event with the intent of restoring and conserving the health of the marine ecosystem. The organization's mission is to "Foster a connection to wildlife within our community by restoring and conserving the function and beauty of our coastal ecosystems". Once graduated to this new non-profit organization, the structure of the festival including, community and County Staff support, would continue. However, the proceeds of this event would go to benefit the mission of Coastal Connections Inc. IRS Tax ID: EIN 35-2606320 FUNDING: The item does not require expenditure of County funds RECOMMENDATION: Approve Indian River County's continued support of the Sebastian Lionfish Fest as it transitions to Coastal Connections Inc. P123 l2.C, I. INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES Date: November 1, 2017 To: Jason E. Brown, County Administrator From: Vincent Burke, P.E., Director of Utility Services Prepared By: Arjuna Weragoda, P.E., Capital Projects Manager Jesse Roland, Plans Reviewer Subject: Pinson Subdivision Petition Water Assessment Project UCP #4126, the Adoption of Resolution No. IV BACKGROUND On August 16, 2016, the Indian River County Board of County Commissioners (BCC) approved Resolution 1 (2016-074) and Resolution II (2016-075). On September 20, 2016, the BCC adopted Resolution III (2016-087), confirming the special assessments in connection with water main extension from 2000 to, and including, 206642 d Place, and including 4206, 4216, 4220, 4230, 4240, 4250, and 4260 20"' Avenue within Pinson Subdivision, and including 2226 42nd Street in Indian River County, Florida. The BCC approved Resolution III (2016-087), the confirming resolution for a total construction cost of $48,406.95, with the following: a. Cost per parcel $3,227.13 b. Fifteen (15) benefitting parcels part of the special assessment lien C. For benefitting parcels above in point b., allow property owners to finance the capital cost of $3,227.13 for upto 10 -years, payable in ten equal yearly installments at an annual interest rate of 5.00% (Set by the BCC each January) ANALYSIS After the adoption of Resolution III (2016-087), the project was .advertised November 28, 2016, and opened December 21, 2016. Since the submitted bid price was approximately 146% higher than the engineer's estimate, Indian River County Department of Utility Services (IRCDUS) labor contractor, Blue Goose Construction, was utilized to install the water main. On February 7, 2017, Work Authorization 2017- 001 was approved by the BCC to Blue Goose Construction for $41,480.98. The total material cost was based on unit prices derived from the Annual Contract for Utility Warehouse Stock for the amount of $21,968.32, for a total construction cost of $63,449.30. Although a deficit of $15,042.35 exists between Resolution III (2016-087) and the bid award, the BCC, in its capacity to oversee the assessment process as the equalizing board per Indian River County Ordinance Chapter 206 (Special Assessments), authorized staff to move forward with the construction of the water main. The project was substantially completed by mid-March of 2017. Oncethe pressure and bacteriological testing was satisfactorily completed, the Florida Department of Environmental Protection (FDEP) cleared the water main for operation on April 10, 2017. Final completion of the project was achieved at the end of May, 2017, and the contractor submitted the final invoice September 29, 2017, with a final release of liens on October 16, 2017. The below table outlines the final cost of installing the water main within the Pinson Subdivision. C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@2COEDBE4\@BCL@2COEDBE4.docx P124 Item Description Authorized Cost by BCC (2/7/17) Actual Cost at the end of Project Labor (by Blue: Goose) $ 41,480.98 $ 38,980.98 Material (by IRCDUS) $ 21,968.32 $ 20,197.73 TOTAL $ 63,449.30 $ 59,178.71 The deficit of $15,042.35 at bid award now has been reduced to $10,771.76, which will have to be covered from the Utilities Reserve Fund Balance. Per Indian River County Code of Ordinances Chapter 206.08 "...in no event shall the final special assessments exceed the amount originally assessed." Thus, the same amount of Resolution III is being assessed to each resident although the actual cost of project exceed the original amount assessed to each benefitting parcel. FUNDING: Funds forthis project are derived from the Assessment Fund. Assessment Fund revenues are generated from connection fees paid by the benefitting property owners. DESCRIPTION ACCOUNT NUMBER AMOUNT Pinson Subdivision Water Assessment 473-169000-16525 $ 48,406.95 Utility Reserve Fund Balance 473-169000-16525 $10,771.76 RECOMMENDATION Staff requests authorization from the Board of County Commissioners for the following: 1) Adopt Resolution IV, with a per parcel cost of $3,227.13. 2) Approve application for Payment No. 1, Final Pay, in the amount of $38,980.98 to Blue Goose Construction, L.L.C. Payment of $38,980.98 to Blue Goose Construction, L.L.C. will release any further obligations of the Contractor by the County. LIST OF ATTACHMENTS: 1. As Built -Final Resolution IV 2. Final Pay to Blue Goose Construction, L.L.C. C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@2COEDBE4\@BCL@2COEDBE4.docx P125 As Built (Final Reso.) RESOLUTION NO, 2017- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, CERTIFYING "AS -BUILT" COSTS IN CONNECTION WITH A WATER MAIN EXTENSION FROM 2000 TO AND INCLUDING 2066 42ND PLACE AND INCLUDING 4206, 4216, 4220, 4230, 4240, 4250, AND 4260 201" AVENUE WITHIN PINSON SUBDIVISION, AND INCLUDING 2226 42ND STREET IN INDIAN RIVER COUNTY, FLORIDA AND SUCH OTHER CONSTRUCTION NECESSITATED BY SUCH PROJECT; PROVIDING FOR FORMAL COMPLETION DATE, AND DATE FOR PAYMENT WITHOUT PENALTY AND INTEREST. WHEREAS, the Board of County Commissioners of Indian River County (the "Board) determined that a water main extension from 2000 to and including 2066 42"d Place and including 4206, 4216, 4220, 4230, 4240, 4250, and 4260 20th Avenue within Pinson Subdivision, and including 2226 42nd Street in Indian River County, Florida are necessary to promote the public welfare of the county; and WHEREAS, on Tuesday, September 20, 2016, the Board held a public hearing at which time and place the owners of property to be assessed appeared before the Board to be heard as to the propriety and advisability of making such improvements; and WHEREAS, after such .public hearing was held the Board adopted Resolution No. 2016- 0.87, which confirmed the special assessment cost of the project to the property specially benefited by the project in the amounts listed in the attachment to that resolution; and WHEREAS, now that the project has been completed, the Director of Utility Services has certified the actual "as -built" cost to be equal to the cost in confirming Resolution No. 2016- 087, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: To avoid interest and penalty charges, payment may be made within ninety days after passage of this resolution (Resolution No. 2017- ). 2. Payments bearing interest at the rate of 5.00% per annum may be made in ten annual installments, the first to be made twelve months from the due date. The due date is the date of passage of this resolution. 3. The final assessment roll for the project listed in Resolution No. 2016-087 shall be as shown on the attached Exhibit "A." P126 RESOLUTION NO.2017- 4. The assessments, as shown on the attached Exhibit 'A" shall stand confirmed, and will remain legal., valid, and binding first liens against the property against which such assessments are made until paid. 5. The assessments shown on Exhibit "A,'.' attached to Resolution No. 2016-087, were recorded by the County on the public records of Indian River County, and the lien shall remain prima 'facie evidence of its validity. The 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 Tim Zorc Commissioner Bob Solari The Chairman thereupon declared the resolution duly passed and adopted this day of , 2017. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA .Attest: Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller By Deputy Clerk Approved for form :an sufficiency: Dykrn Rein,gold, County Attorney 2 By. Joseph E. Flescher, Chairman P127 INDIAN RIVER COUNTY — DEPARTMENT OF UTILITY SERVICES PINSON SUBDIVISION A PORTION OF ASSESSMENT PROJECT — RESOLUTION 4 ASSESSMENT ROLL Parcel # 32=39-26-00006-0000-00048.0 Assessment= $3,227.13 Owner BRISTOL, JAMES Secondary Owner #1 Secondary Owner #2 Mailing Address 2056 42ND PL VERO BEACH FL 32960-1531 Legal PINSON SUB BLK/BLDG LOT/UNIT: LOT 48 PBI/OR BK: PBI 2-94 Site Address 2056 42ND PL 10/26/2017 Parcel # 32-39-26-00006-00 00-00001.0 - Assessment- $3,227.13 Owner EWAR,.GREVILLE Secondary Owner.#1 Secondary Owner #2 Mailing Address 2338 3RD AVE SE VERO BEACH FL 32962-8223 Legal PINSON SUB BLK/BLDG : LOT/UNIT : LOT 1 PBI/OR BK: PBI 2-94 Lase Updaied Site Address 4260 20TH AV 10/26/2017 Parcel # 32-39-2&00006-0000-00051.0 Assessment" $3,227.13 Owner WILLIAMS, DOC JR (H) Secondary Owner #1 . Secondary Owner #2 Mailing Address 2004 42ND PLACE VERO BEACH FL 32967 Legal PINSON SUB BLK/BLDG : LOT/UNIT: LOT 51 PBI/OR BK: PBI 2-94 Last Updated Site Address 2004 42ND PL 10,26/2017 (de's t.�, gy�M`'�Y�4;: 4K #* k, i� g }-�. `,•` hr ., ,: ..�TM"..��,,rr'1., s• H y:-- ,5+: i' q3w, fix}. ..,� i Vie' '.�( 7 rbc . P128 INDIAN RIVER COUNTY — DEPARTMENT OF UTILITY SERVICES PINSON SUBDIVISION A PORTION OF ASSESSMENT PROJECT — RESOLUTION 4 ASSESSMENT ROLL Parcel # 32-39-26-00006-0000-00010.0 Assessment= $3,227.13 Owner 4206 TWENTIETH ASSOCIATES LLC Secondary Owner #1 Secondary Owner #2 Mailing Address 22 PRIMROSE WAY WARREN NJ 07059 Legal PINSON SUB BLK/BLDG : LOT/UN IT: LOT 10 PBI/OR BK: PBI 2-94 Last Upclate,: Site Address 4206 20TH AV 10/26/20.17 y tib'-'t 'rY.`I Csti F n , ':a3'.F`�44 Y wtxw 3l•�yr _," S?3 c.y'* .�}'' '` k..d„ 'fid. .i�tir,'R,'d`yr'�xy y�.�f' q.;.. Parcel # 32-39-26-00006-0000-00002.0 Assessment= $3,227.13 Owner STRAWTER, SHERRY A& Secondary Owner #1 DOE, ROBERT SR Secondary_ Owner #2 Mailing Address 4250 20TH AVE VERO BEACH FL 32967 Legal PINSON SUB BLK/BLDG : LOT/UNIT : LOT 2 PBI/OR BK: PBI 2-94 Last Updated Site Address 4250 20TH AV 10/26;'2017 .:e:r_'.-i r^„+Y11' ve�.`x.•J _`Ci'i_. Y.1:• ..> fFy, 6 J -:'i' ..!i S+L'3„xG _Ye`�]"{'xs �lt'U'.. T- € !.:#Fv .s. Sti$ yn-4.a:..'PXx3..2 ii''1< __ _ j '�Yt:.3#5 f� ki v �.`1, . r lt- f 7�'k �s�t''ku,ii,„y+c+f.�;' r ,r h #r... `. 47`✓'3 -u _ ai Parcel # 32-39-26-00006-0000-00049.0 Assessment= $3,227.13 Owner EDDIE'S PROPERTY INVESTMENTS INC Secondary Owner #1 Secondary Owner #2 Mailing Address PO BOX 212624 ROYAL PALM BEACH .FL 33421-2624 . Legal PINSON SUB BLK/BLDG : LOT/UNIT: LOT 49 PBI/OR BK: PBI 2-94 Last Updated Site Address 1 2048 42ND PL 10/26/201.7 P129 INDIAN RIVER COUNTY — DEPARTMENT OF UTILITY SERVICES PINSON SUBDIVISION A PORTION OF ASSESSMENT PROJECT— RESOLUTION 4 ASSESSMENT ROLL 1,2;;� Parcel # 32-39-26-00006-0000-00050.0 Assessment= $3,227.13 Owner ESQUIVEL, MIGUEL A& Secondary Owner #1 ESQUIVEL, JESUS Secondary Owner #2 Mailing Address 2006 42ND PL VERO BEACH FL 32967 Legal PINSON SUB BLK/BLDG : LOT/UNIT : LOT 50 PBI/OR BK: PBI 2-94 Last Up -dated Site Address 2006 42ND PL -10/26/20-17 Parcel # 32-39-26-00006-0000-00052.0 Assessment= $3,227.13 Owner MCGRIFF, LILLY MAE Secondary Owner #1 Secondary Owner #2 Mailing Address 2000 42ND PL VERO BEACH FL 32967 Legal PINSON SUB BLK/BLDG : LOT/UNIT: LOT 52 LESS W 33.00 FT PBI/OR BK: PBI 2-94 last Up,d ted Site Address 2000 42ND PL 10/26!2,017 Parcel # 32-39-26-00006-0000-00003.0 Assessment= $3,227.13 Owner BARNWELL, JENNIE B Secondary Owner #1 Secondary Owner #2 Mailing Address 4240 20TH AVE VERO BEACH FL 32960-1510 Legal PINSON SUB BLK/BLDG : LOT/UNIT : LOTS 3 & 4 PBI/OR BK: PBI 2-94 Last Updated Site Address 4240 20TH AV 10/26/2017 _ 3 : s = .. ....._v . 7 _ P P130 INDIAN RIVER COUNTY — DEPARTMENT OF UTILITY SERVICES El, N't, PINSON SUBDIVISION A PORTION OF ASSESSMENT PROJECT — RESOLUTION 4 ASSESSMENT ROLL Parcel # 32-39-26-00006-0000-00009.0 Assessment= $3,227.13 Owner JOHNSON, GENEVA Secondary Owner #1 Secondary Owner #2 Mailing Address 4250 20TH AVE VERO BEACH FL 32967 Legal PINSON SUB BLK/BLDG : LCIT/UNIT: LOT 9 PBI/OR BK: PBI 2-94 Last Updated Site Address 4216 20TH AV 10/26/201 Parcel # 32-39-26-00006-0000-00005.0 Assessment= $3,227.13 Owner BROWN, CLEASTER JORDAN Secondary Owner #1 Secondary Owner #2 Mailing Address 4230 20TH AVE VERO BEACH FL 32967 Legal PINSON SUB BLK/BLDG : LOT/UNIT: LOTS 5 & 6 PBI/OR BK: PBI 2-94 Last Updated ,Site Address 4230 20TH AV 10/26/2017 Parcel # 32-39-26-00006-0000-00007.0 Assessment= $3,227.13 Owner ROSS, W L AND ROSA LEE Secondary Owner #1 Secondary Owner #2 Mailing Address 4560 39TH AVE VERO BEACH FL 32967 Legal PINSON SUB BLK/BLDG : LOT/UN IT: LOTS 7 & 8 PBI/OR BK: PBI 2-94 Last Updated Site Address 4220 20TH AV 10/26/2017 1 7: 4 S P131 " INDIAN RIVER COUNTY — DEPARTMENT OF UTILITY SERVICES i, PINSON SUBDIVISION A PORTION OF ASSESSMENT PROJECT — RESOLUTION 4 ASSESSMENT ROLL 771 Parcel # 32-39-26-00000-1000-00005.0 Assessment= $3,227.13 Owner SCHAEFFER, TAMMY Secondary Owner #1 Secondary Owner #2 Mailing Address 1066 38TH AVE VERO BEACH .FL 32960 Legal BEG AT SW COR OF NEI/4 RUN N 660 FT TO P OB FR POB RUN E 70 FT N20OFT W 70 F Las' Undated Site Address 2226 42ND ST 10/20/2017 Parcel # 32-39-26-00006-0000-00052.1 Assessment= $3,227.13 Owner FLEMMING, STEADVAL AND AVRIL Secondary Owner #1 Secondary Owner #2 Mailing Address PO BOX 6004 VERO BEACH FL 32961 Legal PINSON SUB BLK/BLDG : LOT/UNIT: W 33.00 FT OF LOT 52 PBI/OR BK: PBI 2-94 Last Updated Site Address 2002 42ND PL 10/26/2017 Parcel # 32-39-26-00006-0000-00047.0 Assessment= $3,227.13 Owner MOORE, EDDIE LEE & Secondary Owner #1 MOORE, OLA MAE Secondary Owner #2 Mailing Address 619 S 60TH ST PHILADELPHIA PA 19143-2301 Legal PINSON SUB BLK/BLDG : LOT/UNIT: LOT 47 PBI/OR BK: PBI 2-94 Last Updated Site Address 2066 42ND PL 10/26/2017 - k` S' v S L 5 P132 ' S -EP -2 7 2:01, SECTION 00622 - Contractor's Application for Paymen Pinson Subdivision Watermain Project Utility Project # 4126 Bid # 2015001 Application (or Payment No. 1 , For Work Accomplished through the period of Junw 1 2017 throudh JUN 30 2017 To: Indian River Countv.(OWNER) From: Blue Goose Construction-LLC-(ContraclpN Bid No.: 2015 1 Project No.: 1) Attach detailed schedule and copies of all paid invoices: 1 Original Contract Price: 2 Net change by Change Orders and Written Amendments (+ or -): 3 Current Contract Price (1 plus 2): 4 Total completed and stored to date: 5 Retainage (per Agreement): % of completed Work: _1% of retainage: 6 Total compfeted and stored to date less retainage (4 minus 5): 7 Less previous Application for. Payments: 8 DUE THIS APPLICATION (6 MINUS 7): CONTRACTOR'S CERTIFICATION: $ 41,480.98 $ 41.480.98 $ 38.980.98 Total Retainage: $ 38,980:98 $ 38,980.98 UNDER PENALTY OF PERJURY, the undersigned CONTRACTOR certifies that (1) the labor and materials listed on this request for payment have been used in the construction of this Work. (2) payment received from the last pay request has been used to make payments to all subcontractors, laborers, materialnien and suppliers except as listed on Attachment A. below; (3) tille of all Work, materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all Liens, security interests and encumbrances (except such as are covered by a Bond acceptable to OWNER indemnifying OWNER against any such Lien, security interest or encumbrance); (4) all Work .covered by this Application for Payment is in accordance with.the Contract Documents and not defective; and (5) If this Periodic Estimate is for a Final Payment to project or improvement, I further certify that all persons doing work upon or furnishing materials or supplies for this project or Improvement under this foregoing contract have been paid in full, and that all taxes imposed by Chapter 212 Florida Statutes, (Sales. and Use Tax Act, as Amended) have been paid and discharged, and that I have no claims against the OWNER. Attached to or submitted with this form are: 1 Signed release of lien forms (partial or final as applicable) from all subcontractors, laborers, materialmen and suppliers except as listed on Attachment A„ together with an explanation as to why any release of lien form is not included; N 00o tkoe $ 31811,C ea A g Page 1 Pay Application I P133 SCS 2 7 2011 2 Updated Construction Schedule per Specification Section 01310, and; Dated lo 3 • I I (CONTRACTOtj/- must be siDKed by an Officer of the Corporation) Greg_Hampton - Controller Print Name and Title STATE OF FLORIDA COUNTY OF INDIAN RIVER Before me, a Notary Public, duly commissioned, qualified, and acting. personally appeared who being by me first duly sworn upon oath, says that he/she is the of the CONTRACTOR mentioned "above .and that he/she has been duly authorized to act on behalf of it, and that he/she executed the above Contractor's Application for Payment and Contractor's Certification statement on behalf of said CONTRACTOR; and that all of the statements contained herein are true, correct, and complete. Subscribed and sworn .to before 'me this day of , 20 is personally known to me or has produced as identification. NOTARY PUBLIC: Cet�Ha Rase Hein . (SEAL) NOTARY PUBLIC Printed name: 0) fl Gni �Q► ri e- ttfl- -- • STATE OF FLORIDA Commission No.: Cony i FF244968 P 2AWR U 6_ apims 6/29/2019 Commission Expiration: .�jpck tt' `ct [The remainder of this page was left blank intentionally) Page 2 Pay Application 1 P134 e m a m N N N N N N cq s s d� z a�? g8go`2i,og�oL,o$$ogbg 1 1 a o g 8 8 8 8 8 8 $S o ci m o 8 8 8 0 0 8 d d € �i w $ $$egs8sS888gg8�sgs8$, .'N w c w � a. 89888888'86888 3188 8 w $ �� S4 � A $ 92 & 8 s S eq s 8 g 8 s s s 8 S 8 s 8 8 8588 ;$88'$'5888 888x$8 S w n n 8g$.8(8p a n N w w n 8 n w n N SQ8 w n n n R88Q w w 88 N w N n {Rr dS p8 Q8 j8{ Q8 5 LLLL LLLL QQ ZZ Q¢ Q< Q y Q J Q Q Q>T Y a y P 8 E i bbtvNbb4f��i�'7,SS8tim_Sa�i e,o .- mmwmmR e m a m N N N N N N P135 G1`:r INVOICE 214536 t y Blue Goose Growers; LLC 99.01 Okeechobee Road_ Customer-: 2161228 {� r Fort Pierce, FL 34945 Remittance Address; 772 461=3020 P.O. Box 14709 Fort Pierce, FL 34,979 Billing. Address: Customer Address: Indian River County Utilities IRC/Pinson WM/Hwy. 1&42nd 1801 27th_'Street 1801 27th Street Vero Beach FL 32960-3365 Vero Beach FL 32960.3365 ii+�7oi+w p^" '`�.,. ILS _•St f,'jtr''{.= r i- -. ::*'., {5'T" -ti F ti �t A u tr ,.'�� x- `�*'_al�nate, td r l arw "41'dt191lit,:�3., A p _.' irteuttt, 2i4536': 6/30%2017 7/1.5/2017 Paycrient # I = $38,980:98 I Total Amouht lnvoiccd 538;980:98 Balance, Due S38,980.98 TF.Rms:. PAsr DUE JNVOICES ACCRUE INTERESTAT THE MAXIMUM PLATE ALLOWABLF 8V I AW.. Buyer sprees to pay' all chsts cif eullectiuit including.altorhev's fees as nn additinnal charge ufider'llie contract .af-safe covered Yv Ihis invOice.. Alf interest and nitnrnec's fees :ire suni"s owing in ennneelinn with the transacti6h. 'rff:%\h 1'VU FOR YOUR BUSINESS! Please contact Accounts Receivable at hryLarahliioLl(it 4e"Mvemeoni for,My questio is re larding this invoice: P136 13A A, County Attorneys Matters - B. C. C. H. 7.17 Office of INDIAN RIVER COUNTY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney MEMORANDUM TO: Board of County Commissioners nn FROM: Dylan Reingold, County Attorney �l DATE: October 20, 2017 ATTORNEY SUBJECT: Termination of Lease Agreement with SafeSpace, Inc. for Space at the Indian River County Courthouse BACKGROUND On April 12, 2016, Indian River County and SafeSpace, Inc., entered into a lease (the "Lease") for a room on the first floor of the Indian River County Courthouse (the "Courthouse"). Under the Lease, SafeSpace, Inc. is required to have employees working in the Indian River County Courthouse a minimum of 20. hours per week. It has come to the attention of the Clerk of the Circuit Court for Indian River County,/ Jeffrey R. Smith, (the "Clerk") that the room is rarely used. Additionally, the Clerk has noted a greater need for the space in the Courthouse by law enforcement personnel. Therefore, the Clerk has requested that the Indian River County Board of County Commissioners (the `Board") terminate the Lease. Per section 12 of the Lease, either party may terminate the Lease with 60 days written notice. Although the Clerk has requested to terminate the Lease, the Clerk has expressed a willingness to work with SafeSpace, Inc. in finding accommodations for Safe Space, Inc. in the Courthouse at times when space is needed. FUNDING There is no funding associated with this matter. RECOMMENDATION The County Attorney recommends that the Board decide whether to terminate the Lease with SafeSpace, Inc. and direct the County Attorney to provide notice of termination as provided in the Lease. FAArt.—TUJ'd.1GtNFTWW CCiAgl.*W .Sgf<$p—Lea-remtlrwuondoc 1 P137 P138